Preview
FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
UNITED AUTO CREDIT CORPORATION, Plaintiff designates County of
Yates as Place of trial.
Plaintiff,
SUMMONS
-vs-
Index No.
DENISE EGBURTSON,
The basis of venue is
Dcfcñdañt. Defendant's place of
residence.
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer on the plaintiff's attorney within twenty (20) days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is c:r;¹:±: if this summons is not
personally delivered to you within the State of New York); and in case of your failure to answer,
judgment will be taken against you by default for the relief demmdect in the compl .
Dated:
RRIS B CH LL
DavidIVI. Capriotti, Esq.
Attorneys for Plaintiff
Officeand Post Office Address
333 W. Washington Street, Suite 200
Syracuse, New York 13202
Telephone: (315) 423-7100
Defendant's Address:
Denise Egburtson
114 Wagner Street, Apt. 30
Penn Yan, New York 14527
HARRIS BEACH e
ATTORNEYS
ATLAw
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FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
UNITED AUTO CREDIT CORPORATION,
Plaintiff, VERIFIED COMPLAINT
-against- Index No.
DENISE EGBURTSON,
Defendant.
The Plaintiff, United Auto Credit Corporation, ("Plaintiff"), by and through its attorneys,
Harris Beach PLLC, as and for its Verified Complaird against Defendant Denise Egburtson
("Defendant") alleges as follows:
1. Plaintiff is a California Corporation authorized to conduct business in New York,
and malstains its principal place of business at 4700 Mercantile Drive, Fort Worth, TX 76137. [
2. Upon information and belief, Defendant is an individüà l residing at 114 Wagner
Street, Apt. 30, Penn Yan NY 14527 in Yates County.
3. Defendant has defaulted on an obligation to pay Plaintiff sums of money pursuant
to a Retail Installment Contract dated March 09, 2018 for the purchase of a 2007 Ford F-150 in
the amount of $7,106.27, plus interest at the rate of 24.99% on the principal balance of $6,380.95
from February 02, 2019, none of which has been paid, despite demand therefore.
4. The agreement provides that Defendant would be liable for Plaintiff's reasonable
attorney's fees and/or collection costs.
HARRIS BEACH E 1
ATTORNEY$
ATLAW
. .
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FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019
WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of
$7,106.27, plus interest at the rate of 24.99% on the principal balance of $6,380.95 from
February 02, 2019, together with the costs and disbursentents of this action and for such other
and further relief as this court may deem just and proper including Plaintiff's reasonable attorney
fees.
Dated:
HA S BE CH
BY:
David Ef. Capriotti, Esq.
Attorneys for Plaintiff
Office and Post Office Address
333 W Washington Street, Suite 200
Syracuse, New York 13202
Telephone: (315) 423-7100
HARRIS BEACH 2
ATTORNEY$
ATLAW
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FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019
yERIFICATION
STATE OF TEXAS )
COUNTY OF TARRANT ) SS:
Scott Brandt, being duly sworn deposes and says:
. . That deponent is the Recõvery Supervisor for United Auto Credit Corporation, the
corporate Plaintiff in the above-entitled action; that deponent has read the foregoing Verified
Complaint and knows the coñtêñts thereof; that the same is true to deponent's knowledge except
as to the matters stated to be alleged upon infoññation and belief, and as to those matters
deponent believes them to be true.
This verineauen is made by deponent because United Auto Credit Corporation is a
corporation and deponent is its Recovery Supervisor.
Deponent further says that the grounds of deponent's belief as to all matters in the
Verified Complaint not stated to be upon depõñêñt's knowledge are based upon documentary
evidence from the records of Plaintiff substantiating the claim
Scott Brandt
Sworn to before me this day
of lovent ber , 20
N y Publi ANGELA MIA MOERING
Notary ID #131558090
My Commission Expires
May 7, 20 22
Information pursuant to Section 5018(c) of the Civil Practices Law and Rules:
Residence of Defendant: 114 Wagner Street, Apt. 30, Penn Yan, New York 14527
Business address of Plaintiff: 4700 Mercantile Drive, Fort Worth TX 76137
HARRIS BEACHE 3
ATTORNEYS
ATLAW
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FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019
STATE OF TEXAS )
COUNTY OF TARRANT) ss.
CERTIFICATE OF CONFORMITY
The üñdersigned does hereby certify as follows under the penalties of perjury:
1. I am counsel to Plaintiff, and am an attorney adrnitted to practice law in the
State of Texas.
2. I submit this Certificate of Conformity in aceuidance with New York CPLR 2309.
3. The foregoing acknowledgrñcnt of Scott Brandt was taken in a manner prescribed
by the laws of the State of Texas. Further, the notary public who notarized the foregoing
instrument conformed to the laws of the State of Texas. .
Dated: b£WdoC( M 2019
Print Name:
hq L. (ALEU
30871 l\4813-4854-5192\ v1
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Preview
FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019 CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF YATES UNITED AUTO CREDIT CORPORATION, Plaintiff designates County of Yates as Place of trial. Plaintiff, SUMMONS -vs- Index No. DENISE EGBURTSON, The basis of venue is Dcfcñdañt. Defendant's place of residence. YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service (or within 30 days after the service is c:r;¹:±: if this summons is not personally delivered to you within the State of New York); and in case of your failure to answer, judgment will be taken against you by default for the relief demmdect in the compl . Dated: RRIS B CH LL DavidIVI. Capriotti, Esq. Attorneys for Plaintiff Officeand Post Office Address 333 W. Washington Street, Suite 200 Syracuse, New York 13202 Telephone: (315) 423-7100 Defendant's Address: Denise Egburtson 114 Wagner Street, Apt. 30 Penn Yan, New York 14527 HARRIS BEACH e ATTORNEYS ATLAw 1 of 5 FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019 STATE OF NEW YORK SUPREME COURT COUNTY OF YATES UNITED AUTO CREDIT CORPORATION, Plaintiff, VERIFIED COMPLAINT -against- Index No. DENISE EGBURTSON, Defendant. The Plaintiff, United Auto Credit Corporation, ("Plaintiff"), by and through its attorneys, Harris Beach PLLC, as and for its Verified Complaird against Defendant Denise Egburtson ("Defendant") alleges as follows: 1. Plaintiff is a California Corporation authorized to conduct business in New York, and malstains its principal place of business at 4700 Mercantile Drive, Fort Worth, TX 76137. [ 2. Upon information and belief, Defendant is an individüà l residing at 114 Wagner Street, Apt. 30, Penn Yan NY 14527 in Yates County. 3. Defendant has defaulted on an obligation to pay Plaintiff sums of money pursuant to a Retail Installment Contract dated March 09, 2018 for the purchase of a 2007 Ford F-150 in the amount of $7,106.27, plus interest at the rate of 24.99% on the principal balance of $6,380.95 from February 02, 2019, none of which has been paid, despite demand therefore. 4. The agreement provides that Defendant would be liable for Plaintiff's reasonable attorney's fees and/or collection costs. HARRIS BEACH E 1 ATTORNEY$ ATLAW . . 2 of 5 FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019 WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of $7,106.27, plus interest at the rate of 24.99% on the principal balance of $6,380.95 from February 02, 2019, together with the costs and disbursentents of this action and for such other and further relief as this court may deem just and proper including Plaintiff's reasonable attorney fees. Dated: HA S BE CH BY: David Ef. Capriotti, Esq. Attorneys for Plaintiff Office and Post Office Address 333 W Washington Street, Suite 200 Syracuse, New York 13202 Telephone: (315) 423-7100 HARRIS BEACH 2 ATTORNEY$ ATLAW 3 of 5 FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019 yERIFICATION STATE OF TEXAS ) COUNTY OF TARRANT ) SS: Scott Brandt, being duly sworn deposes and says: . . That deponent is the Recõvery Supervisor for United Auto Credit Corporation, the corporate Plaintiff in the above-entitled action; that deponent has read the foregoing Verified Complaint and knows the coñtêñts thereof; that the same is true to deponent's knowledge except as to the matters stated to be alleged upon infoññation and belief, and as to those matters deponent believes them to be true. This verineauen is made by deponent because United Auto Credit Corporation is a corporation and deponent is its Recovery Supervisor. Deponent further says that the grounds of deponent's belief as to all matters in the Verified Complaint not stated to be upon depõñêñt's knowledge are based upon documentary evidence from the records of Plaintiff substantiating the claim Scott Brandt Sworn to before me this day of lovent ber , 20 N y Publi ANGELA MIA MOERING Notary ID #131558090 My Commission Expires May 7, 20 22 Information pursuant to Section 5018(c) of the Civil Practices Law and Rules: Residence of Defendant: 114 Wagner Street, Apt. 30, Penn Yan, New York 14527 Business address of Plaintiff: 4700 Mercantile Drive, Fort Worth TX 76137 HARRIS BEACHE 3 ATTORNEYS ATLAW 4 of 5 FILED: YATES COUNTY CLERK 11/27/2019 10:07 AM INDEX NO. 20195106 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/27/2019 STATE OF TEXAS ) COUNTY OF TARRANT) ss. CERTIFICATE OF CONFORMITY The üñdersigned does hereby certify as follows under the penalties of perjury: 1. I am counsel to Plaintiff, and am an attorney adrnitted to practice law in the State of Texas. 2. I submit this Certificate of Conformity in aceuidance with New York CPLR 2309. 3. The foregoing acknowledgrñcnt of Scott Brandt was taken in a manner prescribed by the laws of the State of Texas. Further, the notary public who notarized the foregoing instrument conformed to the laws of the State of Texas. . Dated: b£WdoC( M 2019 Print Name: hq L. (ALEU 30871 l\4813-4854-5192\ v1 5 of 5