Preview
FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023
STATE OF NEW YORK CONSUMER CREDIT
SUPREME COURT COUNTY OF TIOGA NON-CARD
TRANSACTION
MARINER FINANCE, LLC
SUMMONS
Plaintiff,
vs. Plaintiffs Address:
1901 Vestal Pkwy, Ste 3
Vestal, New York 13850
MARGIE G. MCGRAW
JEFFREY J. MCGRAW
117 Green Street
Owego, New York 13827
Defendant(s).
The Basis of Venue is:
Defendant resides in: TIOGA County
Transaction took place in: BROOME County
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of
your answer on the Plaintiffs attorney(s) within 20 days after the service of this Summons exclusive of the
day of service (or within 30 days after the service is complete if this Summons is not personally delivered to
you within the State of New York). In case of your failure to appear or answer, judgment will be taken
against you by default for the relief demanded in the Complaint.
October 4, 2023 /s/ Alan 1 De Peters
TREVETT CRISTO
ALAN J. DE PETERS, ESQ.
Attorney for Plaintiff
2 State Street, Suite 1000
Rochester, NY 14614
(585) 454-2181
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STATE OF NEW YORK
SUPREME COURT COUNTY OF TIOGA
MARINER FINANCE, LLC
COMPLAINT
Plaintiff,
vs.
MARGIE G. MCGRAW
JEFFREY J. MCGRAW
Defendant(s).
Plaintiff, by the undersigned attorney, alleges:
(1) Plaintiff is a Limited Liability Company licensed under the Laws of the State of New York, located at
1901 Vestal Pkwy, Ste 3, Vestal, New York 13850 and is the original creditor of this loan.
(2) That on or about October 7, 2022 the Defendant(s) entered into a Note and Security Agreement with
Plaintiff, whereby, and in consideration for a loan of $6,955.24, the Defendant(s) agreed pursuant to the Note
and Security Agreement to repay said loan, together with a finance charge, all as set forth in the Note and
Security Agreement, bearing an account number in 3215, a copy of said agreement being attached hereto and
made a part hereof,
(3) That the Defendant(s) last payment in the amount of $261.31 was received on February 22, 2023 and that
since that date the Defendant(s) failed to pay the sums due to the Plaintiff pursuant to the aforesaid Note and
Security Agreement.
(4) That as of September 26, 2023, there remains a principal balance under said Note and Security
Agreement in the sum of $6,960.37, inclusive of Life Insurance premium in the amount of $64.71, Property
Insurance premium in the amount of $304.29, plus interest in the amount of $628.12 and late charges in the
amount of $23.19, for a total amount due of $7,611.68, together with interest at the rate of 24.99% per annum
on the principal balance from September 26, 2023.
(5) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the Plaintiff the sum
of $7,611.68 together with interest on the principal balance at the rate of24.99% per annum from September
26, 2023.
WHEREFORE, Plaintiff demands judgment against the Defendant(s) for the sum of $7,611.68 together
with interest on the principal balance at the rate of24.99% per annum from September 26, 2023, plus costs
and disbursements, to be determined by the County Clerk.
Dated: October 4, 2023
/s/ Alan J. De Peters
TREVETT CRISTO
ALAN J. DE PETERS, ESQ.
Attorney for Plaintiff
2 State Street, Suite 1000
Rochester, New York 14614
(585) 454-2181
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
-------------------------------------Ç
MARINER FINANCE, LLC
Plaintiff/Petitioner,
- against -
MARGIE G. MCGRAW
JEFFREY J. MCGRAW
Defendant/Respondent.
-----..---------------------------------------------Ç
NOTICE OF ELECTRONIC FILING
(Mandatory Commencement Case)
(Uniform Rule §202.5-bb(a)(2)(v) and (vi))
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, was required to file this case using the New
York State Courts e-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
If you are represented by an attorney:
Attorneys"
Give this Notice to your attorney. (Attorneys: see "Information for pg. 2).
If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your documents in
paper, unless you choose to participate in e-filing.
Ifyou choose to participate in e-filing, you must have access to a computer and a scanner or other
devise to convert documents into electronic format, a connection to the internet, and an e-mail
address to receive service of documents.
The benefits of participating in e-filing include:
" serving and filing your documents electronically
" free access to view and print your e-filed documents
" limiting your number of trips to the courthouse
" court fees on-line (credit card needed)
paying any
To register for e-filing or for more information about how e-filing works:
" visit: www.nycourts.gov/efile-unrepresented or
" contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information
can be found at www.nycourts.gov
Page 1 of 2 EFMC-1
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To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing commencement Documents is Mandatory)
Attorneys representing a party must either consent or decline consent to electronic filing and service
through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner provided at
the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing
must first create a NYSCEF account and obtain a user ID and password prior to recording their
consent by going to www.nycourts.gov/efile.
Attorneys declining to consent must file with the court and serve on all parties ofrecord a declination
of consent.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: efile@nycourts.gov).
Dated: October 4, 2023
Alan J. De Peters, Esq. 2 State Street, Ste 1000
Name Address
TREVETT CRISTO Rochester, New York 14614
Firm Name Address
(585) 454-2181
Phone
ADEPETERS@TREVETTCRISTO.COM
E-Mail
To: MARGIE G. MCGRAW and JEFFREY J. MCGRAW
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NOTE,SECURITY AGREEMENT & ARBITRATION AGREEMENT (New York)
Name & Mailing Addressof Borrower(s) Co-Borrower(s)
MARGIE G MCGRAW
JEFFREY J MCGRAW Maturity Date A
CO-BORROWER ADDRESS IF NOT THE SAME U4/0/ /2026 9-15
117 GREEN ST 117 GREEN ST Loan Date Loan Type
OWEGO, NY 13827 OWEGO, NY 13827 10/7/2022 10
The borrower(s) who sign this Note, Security Agreement & Arbitration Agreement(note) arecalled I, you or your. The lender/creditor, Mariner Finance, LLC, whose
xddressis 1901 VESTAL PARKWAY E. SUITE 3, VESTAL, NY 13850
s called ur. us. or our. Eachborrower is nsible for individuall i the loan in full. Thesedisclosuresarerequired by law and arepart of this note:
ANNUAL FINANCE CHARGE Amount Financed Total of Payments
The dollar amount the credit will The amount of credit provided The amount you will have paid
PERCENTAGE RATE
ost you. to you or on your behalf. after you have made all
The cost of your credit as a
payments as scheduled.
yearly rate.
24.98 % $ 3,547.28 $ 6,955.24 $ 10,502.52
Your payment schedule will be:
Number of Payments Amount of Payments When Payments Are Due
1 $ 250.06 11/07/2022 First Payment Date
Other payments are due on the same date each following month until paid in
41 $ 250.06 full.
Security: You are giving a security interest in: O the goods or property being purchased.
("PP"
El Auto / PP means certain household items)
Late Payment: If a payment is not received within 10 days after it is due, you will pay a late charge of 5% of such payment.
Prepayment: If you pay off early, you will not have to pay a penalty and you may be entitled to a refund of part of the finance charge.
See the rest of this note for additional information about nonpayment, default, any required repayment in full before the scheduled
date, and prepayment refunds and penalties
e means an estimate
Itemization of Amount Financed 11.S 6,955.24 Amount Financed (Sum of3-10)
1. $ NONE Net Balance-Prior Account
’
2. $ NONE Plus Accrued Interest At your direction and request, on your behalf and for your benefit, we will
3. $ NONE Unpaid Balance-Prior Account disburse the following (including any items described on Schedule B):
4. $ 116.85 To Ins. Comp. for Life Ins.*
5. $ NONE To Ins. Comp. for Dis. Ins.* a) $ 5,032.69 To TIOGA COUNTY TREASURER and MARGlE & JEFFREY
6. $ 426.01 To Ins. Comp. for Property Ins.* b) $ 699.95 To MARGIE G MCGRAW and JEFFREY J MCGRAW
7. $ NONE To Ins. Comp. for Invol. Unemp. Ins.* c) $ 679.74 To TIOGA COUNTY TREASURER and MARGlE & JEFFREY
8. $ NONE To Ins. Comp. for Single Interest Auto Ins.* d) $ NONE To N/A
9. $ NONE To Public Officials for Recording Fees e) $ NONE To N/A
10. S 6,412.38 Cash to Borrower(s) f) $ NONE To N/A
g) $ NONE To N/A
h) $ NONE To N/A
*We or our affiliates may receive benefits from your purchase of these items.
You promise to pay to the order of the above lender/creditor (us) the Total of Payments disclosed above, which includes Finance Charges at the rate
of 24.99 % per year (the Interest Rate) in monthly payments as scheduled above. You will pay interest at the Interest Rate on the unpaid principal
balance of this note after maturity (whether originally scheduled or accelerated) and after judgment until paid in full.
You may prepay this note without penalty. If you prepay in full by cash, refinancing or otherwise, we will refund any unearned Finance Charge using
the Actuarial refund method and any unearned insurance premiums. Unless the loan is refinanced, no refund of less than $1.00 will be made. Partial
prepayments will be applied against the unpaid balance and you must still make each scheduled monthly payment until the entire balance is paid.
Purchase of credit life, credit disability and involuntary unemployment insurance is not required and such insurance won't be provided unless you
sign and agree to pay the additional cost. You may purchase 1 or more of these coverages at your option.
Credit Life I want credit life insurance. Signature 4tW GW6rw
O Single 129Joint Coverage $ 116.85 I also want joint credit life insurance. Signature ErfRCVJ NCORf
rW
Credit Disability I want credit disability insurance. Signature
O Single O Joint Coverage $ NONE I also want joint credit disability insurance. Signature
Involuntary Unemployment $ NONE I want involuntary unemployment insurance. Signature
Property Insurance. You will keep the Property (as defined below) insured for its full value against loss or damage. If the Property is a motor vehicle,
you agree to buy and maintain single interest auto property insurance, which protects our interest in the Property only, as well as primary automobile
physical damage insurance consisting of comprehensive and collision coverage, covering loss or damage to the Property. Your physical damage insurance
policy must insure the Property for its full replacement value with a deductible amount of no more than $500. Your insurance policies must say that the
insurance is payable to us to the extent of what you owe us and you must give us a loss payable clause satisfactory to us. You direct the insurance
companies to pay us all insurance proceeds and returned or unearned premiums.
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You may buy property insurance (including single interest auto property insurance, automobile physical damage insurance and household
property insurance) from anyone you want.
If you get required single interest auto property insurance through us for a term of N/A months you will pay $ NONE . If you get dual
interest household property insurance through us for a term of 42 months you will pay $ 426.01
I want D single interest auto property insurance Bl dual interest household property insurance through us. Signature %GGE$EdM
You agree to pay the charges permitted by applicable law. You will pay us a bad check fee of $20,00 if you make any payment with a check that is
dishonored because you have no account or there are insufficient funds in your account.
You grant us a security interest in the following property, all parts, accessories, and equipment now or later added to the property, and all proceeds
(collectively, the Property). We give up any right we have (now or later) to consider collateral you give us for another obligation as collateral for this note
unless it is described in this note.
El Motor Vehicle(s) described as follows
NEW OR YEAR AND NO. SERIES NAME (Also BODY, TYPE & MODEL NO. IDENTIFICATION NO. (Serial or
USED MAKE CLY. No. if applicable) (If truck, tons capacity) Motor No.)
Used 2014 Jeep Patriot Utility 4D Sport 4WD 2.4L 14 1C4NJRBBOED778885
121Personal property. See attached Schedule A, which is part of this note, for more detail.
You promise that: you are the owner of the Property and, if there is a certificate of title to the Property, you will promptly deliver the certificate to us;
you will not sell, lease or otherwise dispose of the Property without our prior written consent; you will keep the Property in this state, unless the Property is
a motor vehicle, in which case you only will use it outside this state temporarily in the course of your normal use of the Property; you will not use the
Property in violation of any law or in any manner inconsistent with any insurance policy; you will pay all taxes, assessments and other fees payable on the
Property when they are due and p.ayable; only we have a security interest in the Property unless you have told us in writing about another security interest;
you will not permit any other security interest to be on the Property without our prior written consent; and you will keep the Property in good condition and
repair and you will not permit anything to be done to the Property that would impair its value.
ADDITIONAL TERMS AND CONDITIONS
1. We may inspect the Property at any reasonable time. You will show us the Property or give us a written statement showing the location of the Property
whenever we ask. You authorize us to file all financing statements, continuation statements and security interest filing statements with respect to the
Property and you agree to sign such statements at our request.
2. If we agree that you may defer payment of all unpaid payments for which no default charge has been charged one or more full months, you will pay us a
deferral charge equal to the difference between the Finance Charge we would refund if you prepaid in full on the scheduled due date of the first deferred
payment and the amount that would be refunded for prepayment in full one month earlier, multiplied by the number of months in the deferment period.
The deferment period is the period in which no scheduled payment has been made and in which no payment is required by reason of the deferment. If a
refund of Finance Charge is required during a deferment period because of prepayment in full, we will refund the deferment charge for the number of
months remaining in the deferment period. For this purpose, a portion of a month exceeding 15 days shall be deemed a month.
3. You will be in default if: you do not make a payment when it is due; you are (or any other person puts you) in bankruptcy, insolvency or receivership;
any credit information you gave to us or any representation you make to us in this note is materially wrong; you do not fulfill any obligation of yours in this
note; or you die.
4. When you are in default, we may require you to pay this loan plus accrued charges less a refund of Finance Charge computed in the same way as if you
had made payment in full in advance, at once, in addition to any other remedies we have.
5. When you are in default, we have the rights and remedies of a secured party under New York law, including the right to repossess the Property. If the
Property is a motor vehicle, you may have a right to redeem the vehicle if your sole default is a failure to make timely payments as required by this note. If
the law requires us to give you notice of sale or disposition of the Property, 10 days prior notice will be reasonable notice, unless a longer notice period is
required by law. The notice may be sent to your address last shown on our records. We may require you to assemble and make the Property available to us
at any place convenient to both of us. If any of your possessions are in or attached to the Property at the time it is repossessed, you authorize us to take
them without any liability. We will store them for you safely. We will tell you where they are stored and you may redeem them. If you do not claim your
possessions within 30 days after the goods are repossessed, we may dispose of them without notice to you in any manner we deem appropriate, unless
required otherwise by applicable law. You agree to pay any deficiency after the sale of the Property.
6. We can waive or delay enforcing any of our rights without losing them. We can waive or delay enforcing a right against one of you without losing it as
to the other. We can release one of you without releasing the other. You consent to extensions of time without notice.
7. New York law and federal law govern this note. If any part of this note is unenforceable, this will not make any other part unenforceable (subject to the
paragraph below titled Other Agreements). You won't be required to pay interest or charges in excess of those permitted by law. In addition, if any
provision of this note is contrary to the rights and protections afforded to any "covered borrower" as defined in the Military Lending Act, such contrary
provision of this note shall be inoperative and shall have no force or effect in connection with such "covered borrower;" however all remaining provisions
of this note shall remain in full force and effect.
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Military LendinF Act Disclosures: THE FOLLOWING DISCLOSURES APPLY IF YOU ARE AN ACTIVE DUTY MEMBER
OF THE MILITARY OR A DEPENDENT OF AN ACTIVE DUTY MILITARY MEMBER.
Mariner Finance, LLC appreciates your and your family's service to our country. As an active duty member of the military (or
dependent of an active duty military member), the Federal Military Lending Act ("MLA") provides you with certain protections.
Please see below for important information about your loan.
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of
consumer credit.In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not
exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The
costs associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction; any
application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation
fee charged (other than certain participation fees for a credit card account).
Please also call 1-877-299-3124 to receive your MLA disclosures over the phone.
READ THE BELOW ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES, AMONG OTHER TERMS:
" YOU OR WE MAY ELECT TO HAVE DISPUTES BETWEEN US RESOLVED BY BINDING ARBITRATION
INSTEAD OF IN COURT.
" IN ARBITRATION YOU GIVE UP THE RIGHT TO SUE IN COURT AND DISCOVERY AND RIGHTS OF APPEAL
ARE LIMITED. A NEUTRAL ARBITRATOR RESOLVES THE DISPUTE INSTEAD OF A JUDGE OR JURY.
" YOU MAY NOT PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ARBITRATION OR IN
ANY OTHER CONSOLIDATED PROCEEDING.
" YOU MAY REJECT THE BELOW ARBITRATION AGREEMENT FOR A CERTAIN AMOUNT OF TIME AFTER
THE NOTE DATE.
borrower" in the Military Act.
The below Arbitration Agreement does not apply to any "covered as defined Lending
"you," "we," "us," and "our" include
By signing this note, you agreeto this Arbitration Agreement (Agreement).This Agreementis part of your note. In this Agreement,
subsidiaries,affiliates, agents,employers,successors, a nd assigns.
Arbitration Agreement. You or we may clect to have any Claim (defined below) resolved by neutral binding arbitration instead of in court. You waive any
right you haveto resolve a Claim betweenyou andus in court. You waive any right you haveto participate asa classrepresentativeor classmember.
Claim. Claim meansany claim or dispute, whether arising in law, equity, or otherwise, and regardlessof the type of relief sought arising from or relating to your
application for credit, the note, the origination, servicing and enforcementof the obligation, any insurancecontract or warranty or other product or serviceyou buy, and
any relationship that results from the note, the underlying obligation or any of the foregoing. Claim includes initial claims, counterclaims,cross-claims,and third-party
claims. Claim also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation and ordinance.
"Claim" doesnot include
any dispute or controversy about the validity, enforceability or scopeof this Agreement or any part thereof (including, without lirnitation, the
ClassAction Waiver set forth below, subparts(A) and (B) of the "Other Agreements" sectionset forth below and/or this sentence);all such disputesor controversiesare
for a court and not an arbitrator to decide. Any dispute or controversy that concernsthe validity, enforceability or scopeof the note asa whole is for the arbitrator, not a
court, to decide.
Small Claims. You and we retain the right to seek individual relief in small claims court so long as the Claim is only in that court and is within that court's
jurisdiction. Filing or pursuing a Claim in small claims court does not waive any right to seekarbitration for Claims outside the court's jurisdiction or if the Claim is
transferred,removed, or appealedto a different court.
Excluded Claims. The following claims, called Excluded Claims, are excluded from the arbitration process:(a) self-help remedies(such as repossession),(b)
foreclosure,replevin, garnishment, (c) any individuai action in court by one party to prevent the other party from using a self-help remedy and that doesnot seek
damagesor monetary relief of any kind; and/or (d) public injunctive relief. Pursuingan Excluded Claim in court doesnot waive any right to seekarbitration for Claims
that arenot excluded.
Non-Waiver. Even if a Claim is brought in court, you or we may chooseto arbitrate any Claim made by a new party or any Claim later assertedby a party in
that action or any related or unrelatedlawsuit. Nothing in that litigation shall constitutea waiver of any rights under this Agreement.
Arbitration Process. Arbitrations will be conducted by the American Arbitration Association ("AAA") or, if the AAA is not available, another arbitration
organization, subject to agreementby both you and us. If you and we cannot agree,a court with jurisdiction will appoint the arbitration organization or arbitrator. You
can find the rules of the AAA by visiting its website at www.adr.org. Arbitrators must be attorneysor retired judges with at least 15 yearsof experiencepracticing law.
Arbitrators must be selected according to rules of the AAA or any other agreedor appointedarbitration organization, Arbitrators must apply substantivegoverning law
consistentwith the Federal Arbitration Act and applicable statutesof limitation and privileges. The arbitrator may award any damagesor other relief or remedies that
would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be govemed by the
Constitutional standardsemployed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the
extent necessaryto provide relief warranted by that party's individual claim).
The arbitration hearing will be conducted in the federal district where you live. The arbitration may take place somewhereelse more convenientto you if
required by the rules of the AAA or any other agreedarbitration organization. If you and we agree, the arbitration can be conducted by telephone.We will advance
and/or pay any fees and costs required by the rules of the AAA or any other agreed or appointed arbitration organization to ensure this arbitration agreementis
enforceable. You and we will each pay our own attomey's fees and witness and experts' expenses,except as otherwise required by the note, applicable law or this
Agreement. The arbitration award must be in writing. Any award must be kept confidential. The arbitrator's decision is final and binding. You and we havea limited
right to appealas permitted under the Federal Arbitration Act or the rules of the AAA (or the rules of any other agreedor appointed arbitration organization if such
organization conductsthe arbitration). No arbitration award involving the partieswill have any preclusive effect as to issuesor claims in any dispute involving anyone
who is not a party to the arbitration, nor will an arbitration award in prior disputesinvolving other parties have preclusive effect in an arbitration betweenthe parties to
this Agreement.
30 Days to Resolve Claims. Before you start an arbitration, you agreeto write to us at our addressbelow (or any changedaddressthat we haveprovided to you
in writing) and give us a reasonableopportunity to resolve your Claim. Your letter musttell us your nameand account number, describeyour Claim, including the dollar
amountof your Claim, and describeany other information you need from us. Before we start an arbitration, we must write to you at your addressat the top of the note
(or any changedaddressthat you have told us about in writing), describeour
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Claim, including the dollar amountof our Claim, and give you a reasonableopportunity to resolvethe Claim. We eachhave 30 days from receiptof notice to resolve the
Claim before starting an arbitration.
Applicable Law. This Agreement relatesto a credit transaction involving interstatecommerceand is governed by the FederalArbitration Act (9 U.S.C. § 1 et
seq.), and only in the eventandto the limited extent that the FederalArbitration Act doesnot apply, the law of the state governing your note will apply.
CLASS ACTION WAIVER. OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AND WE AGREE THAT
IF ARBITRATION IS ELECTED, ONLY AN ARBITRATOR MAY RESOLVE CLAIMS. YOU AGREE NOT TO BRING OR
PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION IN COURT OR IN ARBITRATION
OR IN ANY OTHER CONSOLIDATED PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. ANY CLAIM BETWEEN
YOU AND US MUST BE RESOLVED ON AN INDIVIDUAL BASIS. ARBITRATION IS NOT AVAILABLE AND WILL NOT BE
CONDUCTED ON A CLASS-WIDE OR CONSOLIDATED BASIS.
Other Agreements. If any part of this Agreement is found by a court or arbitrator to be unenforceable, the remainder is enforceable, except
that: (A) If the Class Action Waiver is limited, voided or found unenforceable in a proceeding between you and us, then this Agreement (except for
this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action
Waiver; and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or
elsewhere in this Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim
(and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any
individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive
relief until the arbitration award pertaining to individual relief has been entered in court. This Agreement will survive the termination of the note,
regardless of reason for termination, the sale or assignment of your obligation by us to a third party, the repayment of some or all amounts owed under
the note and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this
Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the note, on the other hand, this Agreement shall govern.
Except as otherwise stated in this Agreement, either you or we can compel arbitration in any court proceeding, regardless of which party filed suit.
Either you or we can enforce an arbitration award. This Agreement does not sto
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FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 STATE OF NEW YORK CONSUMER CREDIT SUPREME COURT COUNTY OF TIOGA NON-CARD TRANSACTION MARINER FINANCE, LLC SUMMONS Plaintiff, vs. Plaintiffs Address: 1901 Vestal Pkwy, Ste 3 Vestal, New York 13850 MARGIE G. MCGRAW JEFFREY J. MCGRAW 117 Green Street Owego, New York 13827 Defendant(s). The Basis of Venue is: Defendant resides in: TIOGA County Transaction took place in: BROOME County TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer on the Plaintiffs attorney(s) within 20 days after the service of this Summons exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. October 4, 2023 /s/ Alan 1 De Peters TREVETT CRISTO ALAN J. DE PETERS, ESQ. Attorney for Plaintiff 2 State Street, Suite 1000 Rochester, NY 14614 (585) 454-2181 1 of 8 FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF TIOGA MARINER FINANCE, LLC COMPLAINT Plaintiff, vs. MARGIE G. MCGRAW JEFFREY J. MCGRAW Defendant(s). Plaintiff, by the undersigned attorney, alleges: (1) Plaintiff is a Limited Liability Company licensed under the Laws of the State of New York, located at 1901 Vestal Pkwy, Ste 3, Vestal, New York 13850 and is the original creditor of this loan. (2) That on or about October 7, 2022 the Defendant(s) entered into a Note and Security Agreement with Plaintiff, whereby, and in consideration for a loan of $6,955.24, the Defendant(s) agreed pursuant to the Note and Security Agreement to repay said loan, together with a finance charge, all as set forth in the Note and Security Agreement, bearing an account number in 3215, a copy of said agreement being attached hereto and made a part hereof, (3) That the Defendant(s) last payment in the amount of $261.31 was received on February 22, 2023 and that since that date the Defendant(s) failed to pay the sums due to the Plaintiff pursuant to the aforesaid Note and Security Agreement. (4) That as of September 26, 2023, there remains a principal balance under said Note and Security Agreement in the sum of $6,960.37, inclusive of Life Insurance premium in the amount of $64.71, Property Insurance premium in the amount of $304.29, plus interest in the amount of $628.12 and late charges in the amount of $23.19, for a total amount due of $7,611.68, together with interest at the rate of 24.99% per annum on the principal balance from September 26, 2023. (5) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the Plaintiff the sum of $7,611.68 together with interest on the principal balance at the rate of24.99% per annum from September 26, 2023. WHEREFORE, Plaintiff demands judgment against the Defendant(s) for the sum of $7,611.68 together with interest on the principal balance at the rate of24.99% per annum from September 26, 2023, plus costs and disbursements, to be determined by the County Clerk. Dated: October 4, 2023 /s/ Alan J. De Peters TREVETT CRISTO ALAN J. DE PETERS, ESQ. Attorney for Plaintiff 2 State Street, Suite 1000 Rochester, New York 14614 (585) 454-2181 2 of 8 FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA -------------------------------------Ç MARINER FINANCE, LLC Plaintiff/Petitioner, - against - MARGIE G. MCGRAW JEFFREY J. MCGRAW Defendant/Respondent. -----..---------------------------------------------Ç NOTICE OF ELECTRONIC FILING (Mandatory Commencement Case) (Uniform Rule §202.5-bb(a)(2)(v) and (vi)) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, was required to file this case using the New York State Courts e-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. If you are represented by an attorney: Attorneys" Give this Notice to your attorney. (Attorneys: see "Information for pg. 2). If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. Ifyou choose to participate in e-filing, you must have access to a computer and a scanner or other devise to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: " serving and filing your documents electronically " free access to view and print your e-filed documents " limiting your number of trips to the courthouse " court fees on-line (credit card needed) paying any To register for e-filing or for more information about how e-filing works: " visit: www.nycourts.gov/efile-unrepresented or " contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov Page 1 of 2 EFMC-1 3 of 8 FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing commencement Documents is Mandatory) Attorneys representing a party must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile. Attorneys declining to consent must file with the court and serve on all parties ofrecord a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov). Dated: October 4, 2023 Alan J. De Peters, Esq. 2 State Street, Ste 1000 Name Address TREVETT CRISTO Rochester, New York 14614 Firm Name Address (585) 454-2181 Phone ADEPETERS@TREVETTCRISTO.COM E-Mail To: MARGIE G. MCGRAW and JEFFREY J. MCGRAW 4 of 8 FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 NOTE,SECURITY AGREEMENT & ARBITRATION AGREEMENT (New York) Name & Mailing Addressof Borrower(s) Co-Borrower(s) MARGIE G MCGRAW JEFFREY J MCGRAW Maturity Date A CO-BORROWER ADDRESS IF NOT THE SAME U4/0/ /2026 9-15 117 GREEN ST 117 GREEN ST Loan Date Loan Type OWEGO, NY 13827 OWEGO, NY 13827 10/7/2022 10 The borrower(s) who sign this Note, Security Agreement & Arbitration Agreement(note) arecalled I, you or your. The lender/creditor, Mariner Finance, LLC, whose xddressis 1901 VESTAL PARKWAY E. SUITE 3, VESTAL, NY 13850 s called ur. us. or our. Eachborrower is nsible for individuall i the loan in full. Thesedisclosuresarerequired by law and arepart of this note: ANNUAL FINANCE CHARGE Amount Financed Total of Payments The dollar amount the credit will The amount of credit provided The amount you will have paid PERCENTAGE RATE ost you. to you or on your behalf. after you have made all The cost of your credit as a payments as scheduled. yearly rate. 24.98 % $ 3,547.28 $ 6,955.24 $ 10,502.52 Your payment schedule will be: Number of Payments Amount of Payments When Payments Are Due 1 $ 250.06 11/07/2022 First Payment Date Other payments are due on the same date each following month until paid in 41 $ 250.06 full. Security: You are giving a security interest in: O the goods or property being purchased. ("PP" El Auto / PP means certain household items) Late Payment: If a payment is not received within 10 days after it is due, you will pay a late charge of 5% of such payment. Prepayment: If you pay off early, you will not have to pay a penalty and you may be entitled to a refund of part of the finance charge. See the rest of this note for additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties e means an estimate Itemization of Amount Financed 11.S 6,955.24 Amount Financed (Sum of3-10) 1. $ NONE Net Balance-Prior Account ’ 2. $ NONE Plus Accrued Interest At your direction and request, on your behalf and for your benefit, we will 3. $ NONE Unpaid Balance-Prior Account disburse the following (including any items described on Schedule B): 4. $ 116.85 To Ins. Comp. for Life Ins.* 5. $ NONE To Ins. Comp. for Dis. Ins.* a) $ 5,032.69 To TIOGA COUNTY TREASURER and MARGlE & JEFFREY 6. $ 426.01 To Ins. Comp. for Property Ins.* b) $ 699.95 To MARGIE G MCGRAW and JEFFREY J MCGRAW 7. $ NONE To Ins. Comp. for Invol. Unemp. Ins.* c) $ 679.74 To TIOGA COUNTY TREASURER and MARGlE & JEFFREY 8. $ NONE To Ins. Comp. for Single Interest Auto Ins.* d) $ NONE To N/A 9. $ NONE To Public Officials for Recording Fees e) $ NONE To N/A 10. S 6,412.38 Cash to Borrower(s) f) $ NONE To N/A g) $ NONE To N/A h) $ NONE To N/A *We or our affiliates may receive benefits from your purchase of these items. You promise to pay to the order of the above lender/creditor (us) the Total of Payments disclosed above, which includes Finance Charges at the rate of 24.99 % per year (the Interest Rate) in monthly payments as scheduled above. You will pay interest at the Interest Rate on the unpaid principal balance of this note after maturity (whether originally scheduled or accelerated) and after judgment until paid in full. You may prepay this note without penalty. If you prepay in full by cash, refinancing or otherwise, we will refund any unearned Finance Charge using the Actuarial refund method and any unearned insurance premiums. Unless the loan is refinanced, no refund of less than $1.00 will be made. Partial prepayments will be applied against the unpaid balance and you must still make each scheduled monthly payment until the entire balance is paid. Purchase of credit life, credit disability and involuntary unemployment insurance is not required and such insurance won't be provided unless you sign and agree to pay the additional cost. You may purchase 1 or more of these coverages at your option. Credit Life I want credit life insurance. Signature 4tW GW6rw O Single 129Joint Coverage $ 116.85 I also want joint credit life insurance. Signature ErfRCVJ NCORf rW Credit Disability I want credit disability insurance. Signature O Single O Joint Coverage $ NONE I also want joint credit disability insurance. Signature Involuntary Unemployment $ NONE I want involuntary unemployment insurance. Signature Property Insurance. You will keep the Property (as defined below) insured for its full value against loss or damage. If the Property is a motor vehicle, you agree to buy and maintain single interest auto property insurance, which protects our interest in the Property only, as well as primary automobile physical damage insurance consisting of comprehensive and collision coverage, covering loss or damage to the Property. Your physical damage insurance policy must insure the Property for its full replacement value with a deductible amount of no more than $500. Your insurance policies must say that the insurance is payable to us to the extent of what you owe us and you must give us a loss payable clause satisfactory to us. You direct the insurance companies to pay us all insurance proceeds and returned or unearned premiums. I PCNote 3.2021 Page1 of 4 10/07/2022 02:33 PM 5 of 8 FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 You may buy property insurance (including single interest auto property insurance, automobile physical damage insurance and household property insurance) from anyone you want. If you get required single interest auto property insurance through us for a term of N/A months you will pay $ NONE . If you get dual interest household property insurance through us for a term of 42 months you will pay $ 426.01 I want D single interest auto property insurance Bl dual interest household property insurance through us. Signature %GGE$EdM You agree to pay the charges permitted by applicable law. You will pay us a bad check fee of $20,00 if you make any payment with a check that is dishonored because you have no account or there are insufficient funds in your account. You grant us a security interest in the following property, all parts, accessories, and equipment now or later added to the property, and all proceeds (collectively, the Property). We give up any right we have (now or later) to consider collateral you give us for another obligation as collateral for this note unless it is described in this note. El Motor Vehicle(s) described as follows NEW OR YEAR AND NO. SERIES NAME (Also BODY, TYPE & MODEL NO. IDENTIFICATION NO. (Serial or USED MAKE CLY. No. if applicable) (If truck, tons capacity) Motor No.) Used 2014 Jeep Patriot Utility 4D Sport 4WD 2.4L 14 1C4NJRBBOED778885 121Personal property. See attached Schedule A, which is part of this note, for more detail. You promise that: you are the owner of the Property and, if there is a certificate of title to the Property, you will promptly deliver the certificate to us; you will not sell, lease or otherwise dispose of the Property without our prior written consent; you will keep the Property in this state, unless the Property is a motor vehicle, in which case you only will use it outside this state temporarily in the course of your normal use of the Property; you will not use the Property in violation of any law or in any manner inconsistent with any insurance policy; you will pay all taxes, assessments and other fees payable on the Property when they are due and p.ayable; only we have a security interest in the Property unless you have told us in writing about another security interest; you will not permit any other security interest to be on the Property without our prior written consent; and you will keep the Property in good condition and repair and you will not permit anything to be done to the Property that would impair its value. ADDITIONAL TERMS AND CONDITIONS 1. We may inspect the Property at any reasonable time. You will show us the Property or give us a written statement showing the location of the Property whenever we ask. You authorize us to file all financing statements, continuation statements and security interest filing statements with respect to the Property and you agree to sign such statements at our request. 2. If we agree that you may defer payment of all unpaid payments for which no default charge has been charged one or more full months, you will pay us a deferral charge equal to the difference between the Finance Charge we would refund if you prepaid in full on the scheduled due date of the first deferred payment and the amount that would be refunded for prepayment in full one month earlier, multiplied by the number of months in the deferment period. The deferment period is the period in which no scheduled payment has been made and in which no payment is required by reason of the deferment. If a refund of Finance Charge is required during a deferment period because of prepayment in full, we will refund the deferment charge for the number of months remaining in the deferment period. For this purpose, a portion of a month exceeding 15 days shall be deemed a month. 3. You will be in default if: you do not make a payment when it is due; you are (or any other person puts you) in bankruptcy, insolvency or receivership; any credit information you gave to us or any representation you make to us in this note is materially wrong; you do not fulfill any obligation of yours in this note; or you die. 4. When you are in default, we may require you to pay this loan plus accrued charges less a refund of Finance Charge computed in the same way as if you had made payment in full in advance, at once, in addition to any other remedies we have. 5. When you are in default, we have the rights and remedies of a secured party under New York law, including the right to repossess the Property. If the Property is a motor vehicle, you may have a right to redeem the vehicle if your sole default is a failure to make timely payments as required by this note. If the law requires us to give you notice of sale or disposition of the Property, 10 days prior notice will be reasonable notice, unless a longer notice period is required by law. The notice may be sent to your address last shown on our records. We may require you to assemble and make the Property available to us at any place convenient to both of us. If any of your possessions are in or attached to the Property at the time it is repossessed, you authorize us to take them without any liability. We will store them for you safely. We will tell you where they are stored and you may redeem them. If you do not claim your possessions within 30 days after the goods are repossessed, we may dispose of them without notice to you in any manner we deem appropriate, unless required otherwise by applicable law. You agree to pay any deficiency after the sale of the Property. 6. We can waive or delay enforcing any of our rights without losing them. We can waive or delay enforcing a right against one of you without losing it as to the other. We can release one of you without releasing the other. You consent to extensions of time without notice. 7. New York law and federal law govern this note. If any part of this note is unenforceable, this will not make any other part unenforceable (subject to the paragraph below titled Other Agreements). You won't be required to pay interest or charges in excess of those permitted by law. In addition, if any provision of this note is contrary to the rights and protections afforded to any "covered borrower" as defined in the Military Lending Act, such contrary provision of this note shall be inoperative and shall have no force or effect in connection with such "covered borrower;" however all remaining provisions of this note shall remain in full force and effect. i e t C Note 3.2021 Page2 of4 10/07/2022 02:33 PM 6 of 8 FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 Military LendinF Act Disclosures: THE FOLLOWING DISCLOSURES APPLY IF YOU ARE AN ACTIVE DUTY MEMBER OF THE MILITARY OR A DEPENDENT OF AN ACTIVE DUTY MILITARY MEMBER. Mariner Finance, LLC appreciates your and your family's service to our country. As an active duty member of the military (or dependent of an active duty military member), the Federal Military Lending Act ("MLA") provides you with certain protections. Please see below for important information about your loan. Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit.In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums, fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Please also call 1-877-299-3124 to receive your MLA disclosures over the phone. READ THE BELOW ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES, AMONG OTHER TERMS: " YOU OR WE MAY ELECT TO HAVE DISPUTES BETWEEN US RESOLVED BY BINDING ARBITRATION INSTEAD OF IN COURT. " IN ARBITRATION YOU GIVE UP THE RIGHT TO SUE IN COURT AND DISCOVERY AND RIGHTS OF APPEAL ARE LIMITED. A NEUTRAL ARBITRATOR RESOLVES THE DISPUTE INSTEAD OF A JUDGE OR JURY. " YOU MAY NOT PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ARBITRATION OR IN ANY OTHER CONSOLIDATED PROCEEDING. " YOU MAY REJECT THE BELOW ARBITRATION AGREEMENT FOR A CERTAIN AMOUNT OF TIME AFTER THE NOTE DATE. borrower" in the Military Act. The below Arbitration Agreement does not apply to any "covered as defined Lending "you," "we," "us," and "our" include By signing this note, you agreeto this Arbitration Agreement (Agreement).This Agreementis part of your note. In this Agreement, subsidiaries,affiliates, agents,employers,successors, a nd assigns. Arbitration Agreement. You or we may clect to have any Claim (defined below) resolved by neutral binding arbitration instead of in court. You waive any right you haveto resolve a Claim betweenyou andus in court. You waive any right you haveto participate asa classrepresentativeor classmember. Claim. Claim meansany claim or dispute, whether arising in law, equity, or otherwise, and regardlessof the type of relief sought arising from or relating to your application for credit, the note, the origination, servicing and enforcementof the obligation, any insurancecontract or warranty or other product or serviceyou buy, and any relationship that results from the note, the underlying obligation or any of the foregoing. Claim includes initial claims, counterclaims,cross-claims,and third-party claims. Claim also includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation and ordinance. "Claim" doesnot include any dispute or controversy about the validity, enforceability or scopeof this Agreement or any part thereof (including, without lirnitation, the ClassAction Waiver set forth below, subparts(A) and (B) of the "Other Agreements" sectionset forth below and/or this sentence);all such disputesor controversiesare for a court and not an arbitrator to decide. Any dispute or controversy that concernsthe validity, enforceability or scopeof the note asa whole is for the arbitrator, not a court, to decide. Small Claims. You and we retain the right to seek individual relief in small claims court so long as the Claim is only in that court and is within that court's jurisdiction. Filing or pursuing a Claim in small claims court does not waive any right to seekarbitration for Claims outside the court's jurisdiction or if the Claim is transferred,removed, or appealedto a different court. Excluded Claims. The following claims, called Excluded Claims, are excluded from the arbitration process:(a) self-help remedies(such as repossession),(b) foreclosure,replevin, garnishment, (c) any individuai action in court by one party to prevent the other party from using a self-help remedy and that doesnot seek damagesor monetary relief of any kind; and/or (d) public injunctive relief. Pursuingan Excluded Claim in court doesnot waive any right to seekarbitration for Claims that arenot excluded. Non-Waiver. Even if a Claim is brought in court, you or we may chooseto arbitrate any Claim made by a new party or any Claim later assertedby a party in that action or any related or unrelatedlawsuit. Nothing in that litigation shall constitutea waiver of any rights under this Agreement. Arbitration Process. Arbitrations will be conducted by the American Arbitration Association ("AAA") or, if the AAA is not available, another arbitration organization, subject to agreementby both you and us. If you and we cannot agree,a court with jurisdiction will appoint the arbitration organization or arbitrator. You can find the rules of the AAA by visiting its website at www.adr.org. Arbitrators must be attorneysor retired judges with at least 15 yearsof experiencepracticing law. Arbitrators must be selected according to rules of the AAA or any other agreedor appointedarbitration organization, Arbitrators must apply substantivegoverning law consistentwith the Federal Arbitration Act and applicable statutesof limitation and privileges. The arbitrator may award any damagesor other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be govemed by the Constitutional standardsemployed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessaryto provide relief warranted by that party's individual claim). The arbitration hearing will be conducted in the federal district where you live. The arbitration may take place somewhereelse more convenientto you if required by the rules of the AAA or any other agreedarbitration organization. If you and we agree, the arbitration can be conducted by telephone.We will advance and/or pay any fees and costs required by the rules of the AAA or any other agreed or appointed arbitration organization to ensure this arbitration agreementis enforceable. You and we will each pay our own attomey's fees and witness and experts' expenses,except as otherwise required by the note, applicable law or this Agreement. The arbitration award must be in writing. Any award must be kept confidential. The arbitrator's decision is final and binding. You and we havea limited right to appealas permitted under the Federal Arbitration Act or the rules of the AAA (or the rules of any other agreedor appointed arbitration organization if such organization conductsthe arbitration). No arbitration award involving the partieswill have any preclusive effect as to issuesor claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputesinvolving other parties have preclusive effect in an arbitration betweenthe parties to this Agreement. 30 Days to Resolve Claims. Before you start an arbitration, you agreeto write to us at our addressbelow (or any changedaddressthat we haveprovided to you in writing) and give us a reasonableopportunity to resolve your Claim. Your letter musttell us your nameand account number, describeyour Claim, including the dollar amountof your Claim, and describeany other information you need from us. Before we start an arbitration, we must write to you at your addressat the top of the note (or any changedaddressthat you have told us about in writing), describeour i t3PCNote 3.2021 Page3 of 4 10/07/2022 02:33 PM 7 of 8 FILED: TIOGA COUNTY CLERK 10/06/2023 10:09 AM INDEX NO. 2023-00063195 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/06/2023 Claim, including the dollar amountof our Claim, and give you a reasonableopportunity to resolvethe Claim. We eachhave 30 days from receiptof notice to resolve the Claim before starting an arbitration. Applicable Law. This Agreement relatesto a credit transaction involving interstatecommerceand is governed by the FederalArbitration Act (9 U.S.C. § 1 et seq.), and only in the eventandto the limited extent that the FederalArbitration Act doesnot apply, the law of the state governing your note will apply. CLASS ACTION WAIVER. OTHER THAN AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AND WE AGREE THAT IF ARBITRATION IS ELECTED, ONLY AN ARBITRATOR MAY RESOLVE CLAIMS. YOU AGREE NOT TO BRING OR PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION IN COURT OR IN ARBITRATION OR IN ANY OTHER CONSOLIDATED PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. ANY CLAIM BETWEEN YOU AND US MUST BE RESOLVED ON AN INDIVIDUAL BASIS. ARBITRATION IS NOT AVAILABLE AND WILL NOT BE CONDUCTED ON A CLASS-WIDE OR CONSOLIDATED BASIS. Other Agreements. If any part of this Agreement is found by a court or arbitrator to be unenforceable, the remainder is enforceable, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable in a proceeding between you and us, then this Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver; and (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. This Agreement will survive the termination of the note, regardless of reason for termination, the sale or assignment of your obligation by us to a third party, the repayment of some or all amounts owed under the note and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the note, on the other hand, this Agreement shall govern. Except as otherwise stated in this Agreement, either you or we can compel arbitration in any court proceeding, regardless of which party filed suit. Either you or we can enforce an arbitration award. This Agreement does not sto