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INDEX NO. EF16-494
|(FILED: CORTLAND COUNTY CLERK 0871772016 12:35 PM
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 08/17/2016
STATE OF NEW YORK CONSUMER CREDIT
SUPREME COURT COUNTY OF CORTLAND NON-CARD
TRANSACTION
MARINER FINANCE, LLC
INDEX #
Plaintiff, SUMMONS
VS. Plaintiff's Residence
SS:
1905 Vestal Parkway
Vestal, New York 13850
ANTHONI E. O'NEIL
P.O. Box 221
786 Route 221
Harford, NY 13784
Defendant(s).
The Basis of Venue is:
Defendant resides in: County of CORTLAND
Transaction took place in: County of ONONDAGA
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 Plaintiff's 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,
August 17, 2016
ROB B. LI ES
Attorney for Plaintiff
P.O. Address and telephone number
16 E. Main Street - Suite 200
Rochester, NY 14614
(585) 325-5343
THIS ACTION DOES NOT ARISE FROM A REVOLVING OR OPEN-END
CREDIT TRANSACTION
THIS ACTION IS SUBJECT TO THE FAIR DEBT COLLECTIONS PRACTICES ACT AND
‘YOUR RIGHTS DESCRIBED ON THE ATTACHED NOTICES
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STATE OF NEW YORK
SUPREME COURT. COUNTY OF CORTLAND
MARINER FINANCE, LLC,
INDEX #
COMPLAINT
Plaintiff,
VS.
ANTHONI E. O'NEIL,
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 1905 Vestal Parkway, Vestal, New York 13850.
(2) That on or about February 27, 2016, the Defendant(s) entered into a Retail Installment
Obligation with PETLAND CORP., 5701 East Circle Drive, Suite 104, Cicero, NY 13039,
whereby the Defendant agreed pursuant to said Retail Installment Obligation, to pay $3,500.00 for
purchases made thereunder, together with interest at 24.00% per annum all as set forth in the Retail
Installment Obligation .
(3) That said Retail Installment Obligation has been assigned to Plaintiff.
(4) That there remains a present balance under said Retail Installment Obligation the sum of
$3,560.42, together with interest at the rate of 24.00% per annum from August 15, 2016.
(5) That the Defendant(s) has failed to pay the sums due to the Plaintiff pursuant to the aforesaid
Retail Installment Obligation.
(6) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the
Plaintiff $3,560.42, together with interest at the rate of 24.00% per annum from August 15, 2016.
WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $3,560.42,
together with interest at the rate of 24.00% per annum from August 15, 2016, plus costs and
disbursements.
Dated: August 17, 2016
ROBERT B, GITLIN, ESQ.
Attorney for Plaintiff
16 East Main Street-Suite 200
Rochester, New York 14614
(585) 325-5343
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NOTICE REQUIRED BY THE FAIR DEBT
COLLECTION PRACTICES ACT
(the act), 15 U.S.C, Section 1601 as Amended
1 The amount of the debt is stated in the Complaint attached hereto.
2. The plaintiff as named in the attached Summons and Complaint is the creditor to
whom the debt is owed.
3 The debt described in the Complaint attached hereto will be assumed to be valid by
the creditor's law firm, unless the debtor, within thirty (30) days after the receipt of this Notice,
disputes the validity of the debt or some portion thereof.
4, If the debtor notifies the creditor's law firm in writing within thirty (30) days of the
receipt of this Notice that the debt or any portion thereof is disputed, the creditor's law firm will
obtain verification of the debt and a copy of the verification will be mailed to the debtor by the
creditor's law firm.
5 If the creditor named as plaintiff in the attached Summons and Complaint is not the
original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty
(30) days from the receipt of this Notice, the name and address of the original creditor will be
mailed to the debtor by the creditor's law firm.
6 Written requests should be addressed to Robert B. Gitlin, Esq., 16 East Main St.,
Suite 200, Rochester, New York 14614.
7
Pursuant to the terms of the Federal Law entitled "The Fair Debt Collection Practices
Act", [may be considered to be acting as "debt collector" to collect amounts owing to the creditor.
ANY INFORMATION OBTAINED BY ME FROM YOU ABOUT YOU WILL BE USED FOR
THAT PURPOSE.
THIS ADVICE PERTAINS TO YOUR DEALINGS WITH ME AS A DEBT COLLECTOR.
IT DOES NOT AFFECT YOUR DEALINGS WITH THE COURT, AND IN PARTICULAR
IT DOES NOT CHANGE THE TIME IN WHICH YOU MUST ANSWER THE SUMMONS
AND COMPLAINT . THE SUMMONS IS A COMMAND FROM THE COURT, NOT
FROM ME, AND YOU MUST FOLLOW ITS INSTRUCTIONS EVEN IF YOU DISPUTE
THE VALIDITY OF OR THE AMOUNT OF THE DEBT. THE ADVICE IN THIS LETTER
ALSO DOES NOT AFFECT MY RELATIONS WITH THE COURT. AS A LAWYER, I
MAY FILE PAPERS IN THE SUIT ACCORDING TO THE COURT’S RULES AND THE
JUDGE’S INSTRUCTIONS.
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NOTICE REQUIRED BY 23 NYCRR 1.2
Debt collectors, in accordance with the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from
engaging in abusive, deceptive, and unfair debt collection
efforts, including but not limited to:
(4) the use or threat of violence;
(ii) the use of obscene or profane language; and
(iii) repeated phone calls made with the intent to annoy,
abuse, or harass.
If a creditor or debt collector receives a money judgment
against you in court, state and federal laws may prevent the
following types of income from being taken to pay the debt:
1. Supplemental security income, (SSI);
2 Social security;
3 Public assistance (welfare);
4. Spousal support, maintenance (alimony) or child support;
5 Unemployment benefits;
6. Disability benefits;
7 Workers’ compensation benefits;
8. Public or private pensions;
9 Veterans' benefits;
10. Federal student loans, federal student grants, and federal
work study funds; and
11. Ninety percent of your wages or salary earned in the last
sixty days.
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INDEX NO. EF16-494 |(FILED: CORTLAND COUNTY CLERK 0871772016 12:35 PM NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 08/17/2016 STATE OF NEW YORK CONSUMER CREDIT SUPREME COURT COUNTY OF CORTLAND NON-CARD TRANSACTION MARINER FINANCE, LLC INDEX # Plaintiff, SUMMONS VS. Plaintiff's Residence SS: 1905 Vestal Parkway Vestal, New York 13850 ANTHONI E. O'NEIL P.O. Box 221 786 Route 221 Harford, NY 13784 Defendant(s). The Basis of Venue is: Defendant resides in: County of CORTLAND Transaction took place in: County of ONONDAGA 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 Plaintiff's 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, August 17, 2016 ROB B. LI ES Attorney for Plaintiff P.O. Address and telephone number 16 E. Main Street - Suite 200 Rochester, NY 14614 (585) 325-5343 THIS ACTION DOES NOT ARISE FROM A REVOLVING OR OPEN-END CREDIT TRANSACTION THIS ACTION IS SUBJECT TO THE FAIR DEBT COLLECTIONS PRACTICES ACT AND ‘YOUR RIGHTS DESCRIBED ON THE ATTACHED NOTICES lof4 STATE OF NEW YORK SUPREME COURT. COUNTY OF CORTLAND MARINER FINANCE, LLC, INDEX # COMPLAINT Plaintiff, VS. ANTHONI E. O'NEIL, 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 1905 Vestal Parkway, Vestal, New York 13850. (2) That on or about February 27, 2016, the Defendant(s) entered into a Retail Installment Obligation with PETLAND CORP., 5701 East Circle Drive, Suite 104, Cicero, NY 13039, whereby the Defendant agreed pursuant to said Retail Installment Obligation, to pay $3,500.00 for purchases made thereunder, together with interest at 24.00% per annum all as set forth in the Retail Installment Obligation . (3) That said Retail Installment Obligation has been assigned to Plaintiff. (4) That there remains a present balance under said Retail Installment Obligation the sum of $3,560.42, together with interest at the rate of 24.00% per annum from August 15, 2016. (5) That the Defendant(s) has failed to pay the sums due to the Plaintiff pursuant to the aforesaid Retail Installment Obligation. (6) That by reason of the aforesaid default of the Defendant(s), there is due and owing to the Plaintiff $3,560.42, together with interest at the rate of 24.00% per annum from August 15, 2016. WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of $3,560.42, together with interest at the rate of 24.00% per annum from August 15, 2016, plus costs and disbursements. Dated: August 17, 2016 ROBERT B, GITLIN, ESQ. Attorney for Plaintiff 16 East Main Street-Suite 200 Rochester, New York 14614 (585) 325-5343 2 0f 4 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (the act), 15 U.S.C, Section 1601 as Amended 1 The amount of the debt is stated in the Complaint attached hereto. 2. The plaintiff as named in the attached Summons and Complaint is the creditor to whom the debt is owed. 3 The debt described in the Complaint attached hereto will be assumed to be valid by the creditor's law firm, unless the debtor, within thirty (30) days after the receipt of this Notice, disputes the validity of the debt or some portion thereof. 4, If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this Notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 5 If the creditor named as plaintiff in the attached Summons and Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this Notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6 Written requests should be addressed to Robert B. Gitlin, Esq., 16 East Main St., Suite 200, Rochester, New York 14614. 7 Pursuant to the terms of the Federal Law entitled "The Fair Debt Collection Practices Act", [may be considered to be acting as "debt collector" to collect amounts owing to the creditor. ANY INFORMATION OBTAINED BY ME FROM YOU ABOUT YOU WILL BE USED FOR THAT PURPOSE. THIS ADVICE PERTAINS TO YOUR DEALINGS WITH ME AS A DEBT COLLECTOR. IT DOES NOT AFFECT YOUR DEALINGS WITH THE COURT, AND IN PARTICULAR IT DOES NOT CHANGE THE TIME IN WHICH YOU MUST ANSWER THE SUMMONS AND COMPLAINT . THE SUMMONS IS A COMMAND FROM THE COURT, NOT FROM ME, AND YOU MUST FOLLOW ITS INSTRUCTIONS EVEN IF YOU DISPUTE THE VALIDITY OF OR THE AMOUNT OF THE DEBT. THE ADVICE IN THIS LETTER ALSO DOES NOT AFFECT MY RELATIONS WITH THE COURT. AS A LAWYER, I MAY FILE PAPERS IN THE SUIT ACCORDING TO THE COURT’S RULES AND THE JUDGE’S INSTRUCTIONS. 3 0f 4 NOTICE REQUIRED BY 23 NYCRR 1.2 Debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, and unfair debt collection efforts, including but not limited to: (4) the use or threat of violence; (ii) the use of obscene or profane language; and (iii) repeated phone calls made with the intent to annoy, abuse, or harass. If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt: 1. Supplemental security income, (SSI); 2 Social security; 3 Public assistance (welfare); 4. Spousal support, maintenance (alimony) or child support; 5 Unemployment benefits; 6. Disability benefits; 7 Workers’ compensation benefits; 8. Public or private pensions; 9 Veterans' benefits; 10. Federal student loans, federal student grants, and federal work study funds; and 11. Ninety percent of your wages or salary earned in the last sixty days. 4 of 4