Preview
FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------ ---------------------- ------X CONSUMER CREDIT
ALLY BANK, TRANSACTION
PLAINTIFF, SUMMONS
INDEX #
-AGAINST- DATE FILED:
BASIS OF THE VENUE
DOE"
NEAL WILKINS,"JOHN AND "MARY ROE", RESID OF DEFT.
DEFENDANTS.
------------ ------------------- -------X
TO THE ABOVE NAMED DEFENDANTS:
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 SERVICE OF THIS SUMMONS, EXCLUSIVE OF
THE DAY OF SERVICE OR WITHIN THIRTY· DAYS AFTER THE SERVICE IS
(30)
COMPLETE IF THIS SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN
THE STATE OF NEW YORK. IN THE CASE OF YOUR FAILURE TO APPEAR OR .
ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU BY DEFAULT FOR THE RELIEF
DEMANDED IN THE COMPLAINT.
DEFENDANT'S ADDRESS: 25 WEST CONKLING AVENUE, MIDDLETOWN NY 10940.. ·s .
DATED: GOSHEN, NEW YORK
AUGUST 15, 2018
ROBERT W. FINK
PLACE OF TRANS. .ATTORNEY FOR PLAINTIFF
ROMAN CHARIOT AUTO SALES 210 MAIN STREET, BOX900 .
MANALAPAN, NJ 07726 GOSHEN, NEW YORK 10924
(845) 294-9721
. .
THIS IS AN ATTEMPTTOCOLLECTA DEBT AND THAT ANY INFORMATIONOBTAINED
WILL BE USED FOR THAT PURPOSE
Filed in Orange County 08/15/2018 03:22:51 PM $0.00 1Bk:of 5
5132 Pg: 922 Index: # EF008635-2018 Clerk: KP
FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
------------------------- X
ALLY BANK,
Plaintiff,
COMPLAINT
-against- Index #
DOE"
NEAL WILKINS "JOHN AND "MARY ROE",
Defendants.
----------- -------------------------------X
Plaintiff, by its attorney, as its complaint, respectfully alleges:
l. That plaintiff, Ally Bank (Ally), is a foreign corporation, duly authorized to do
business in the State of New with a place of business located in Minnesota. - -
York, Shoreview,
2. That, upon information and belief, Defendant, Neal Wilkins (Wilkins) resides at
25 West Conkling Avenue, Middletown NY 10940.
Doe" Roe"
3. "John and "Mary are fictitious names for one or more persons,. the
identity of whom are unknown to plaintiff, and who may have possession or.a claifn upon the
. .
vehicle hereinafter described.
AS A FIRST CAUSE OF ACTION AGAINST WILKINS
4. That said Defeñdâñt entered into a retail instalment contract for purchase of a 2015
Jaguar XF (the vehicle), which is more set forth in a copy of the contract which is annexed
fully
"A"
hereto and marked Exhibit (the contract).
5. That the contract was assigned to Ally Financial Inc. (bottom on P 1 of contract) but
thatAlly Bank isthe true party in interest beceese Ally Financial acts as Ally Bank's collateral agent.
6. That Plaintiff has a perfected security interest in the subject vehicle as shown on the
Electronic Title Document, Exhibit "B". As hereinbefore stated, the lieñholder, Ally Fiiiancial, is
acting as Ally Bank's collateral agent.
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FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018
7. That the contract is in default in that the paymcat due 2/26/18 remaiñs unpaid and all
payments thereafter.
8. That due to the default, as set forth in the contract (Remedies), Defendant is liable
for the entire unpaid balance on the contract.
9. That the net amount due on the contract, good through 7/12/18, is the.sum of
$30,090.07, with finance charges at the contract rate of 7.74% per annum from 7/12/18, which sum
remains due and owing despite demand.
AS A SECOND CAUSE OF ACTION AGAINST DEFENDANT, WILKINS
10. That the contract, (Agreement to Provide Insurance) requires physical damage
insurance covering Plaintiff's interest in the vehicle.
11. That, upon information and belief, Defendãñt has failed to maintain collision
insurance as required despite demand.
12. That due to the default, as set forth in the contact (Remedies), Defendant is liable
for the entire unpaid balance on the contract.
13. That the net amount due on the contract, good through 7/12/18, is the sum of
$30,090.07, with finance charges at the contract rate of 7.74% per annum from 7/12/18, which sum
remains due and owing despite demand. .
AS A THIRD CAUSE OF ACTION AGAINST DEFENDANT, WILKINS
14. That the contract(Default) provides "...ifyou default you agree to pay attorney's fees
of 20% of the first $500 and 10% on any excess of the amount due and payable under this
Contract...".
15. That the attorney hired to bring this action is not a salaried employee of Ally.
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FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018
AS AND F OR A FOURTH CAUSE OF ACTION AGAINST DEFENDANTS
DOE" ROE"
WILKINS, "JOHN AND "MARY
16. That due to the default and pursuant to the contract (Remedies), plaintif F is
entitled to possession of the vehicle.
17. Upon information and belief, defendant(s) have/has possession of the vehicle,
or claim an interest in or lien upon the vehicle, which passwion or claim is subject and subordinate .
to plaintiffs interest.
18. That the vehicle has not been surrendered, despite demand.
19. Upon information and belief, the estimated value of the vehicle is the sum of
$22,750.00 based upon the NADA July, 2018 Wholesale Value. The vehicle has not been iñspected
WHEREFORE, plaintiff demands judgment as follows:
(1) On the Firstand Second Causes of Action again:;t defendant, Wilkins, in the amount
of $30,090.07, with finance charges in the contract rate of 7.74% per annum from 7/12/18;
(2) . On the Third Cause of Action agaha said defendant for assesament ofattorney's fees;
Doe"
(3) On the Fourth Cause of Action against defendants, Wilkins and "John and
"Mary Roe", for an Order of Replevin awarding possession of the vehicle to plaintiff; and
providing as followsi (a) That the vehicle shall be turned over to Plaintiff within 10 days of receipt
the vehicle· shall
of a copy of the Court's Order, and that not be rosno v od from its location,
transferred, sold, pledged, assigñêd or otherwise disposed of or permitted to become subject to a.
security interest or lien until further Order of the Court. That the Sheriff of any county where the
vehicle is found shall seize the vehicle, withõüt delay, and that if the vehicle is not delivered to the
Sheriff, he may break open, enter and search for the vehicle. That no undertaking be required, and
upon seizure and payment of the Sheriffs fees and expenses; be immadiately turned over to pláintiff
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FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018
without having to retain custody for 10 days and thatthe Sheriff serve upon the person(s) from whom
possession of the vehicle is seized a copy of the order of seizure, the papers upon which the order
was granted and the s11-m-mons and complaint bearing the index number and date of filing with the
Clerk of the Court and that same need not be served upon any other person, or, (b) in the alternative,
Doe"
judgment in the sum of $22,750.00 against Defendants "John and "Mary Roe";
Together with the costs and disbursements of this action and whatever other relief as to
the court may seem just and proper.
Dated: Goshen, New York
August 15, 2018
ROBjÊRT W. FINK
Attorney for Plaintiff
210 Main Street, Box 900
Goshen, New York 10924
(845) 294-9721
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Preview
FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------ ---------------------- ------X CONSUMER CREDIT ALLY BANK, TRANSACTION PLAINTIFF, SUMMONS INDEX # -AGAINST- DATE FILED: BASIS OF THE VENUE DOE" NEAL WILKINS,"JOHN AND "MARY ROE", RESID OF DEFT. DEFENDANTS. ------------ ------------------- -------X TO THE ABOVE NAMED DEFENDANTS: 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 SERVICE OF THIS SUMMONS, EXCLUSIVE OF THE DAY OF SERVICE OR WITHIN THIRTY· DAYS AFTER THE SERVICE IS (30) COMPLETE IF THIS SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK. IN THE CASE OF YOUR FAILURE TO APPEAR OR . ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU BY DEFAULT FOR THE RELIEF DEMANDED IN THE COMPLAINT. DEFENDANT'S ADDRESS: 25 WEST CONKLING AVENUE, MIDDLETOWN NY 10940.. ·s . DATED: GOSHEN, NEW YORK AUGUST 15, 2018 ROBERT W. FINK PLACE OF TRANS. .ATTORNEY FOR PLAINTIFF ROMAN CHARIOT AUTO SALES 210 MAIN STREET, BOX900 . MANALAPAN, NJ 07726 GOSHEN, NEW YORK 10924 (845) 294-9721 . . THIS IS AN ATTEMPTTOCOLLECTA DEBT AND THAT ANY INFORMATIONOBTAINED WILL BE USED FOR THAT PURPOSE Filed in Orange County 08/15/2018 03:22:51 PM $0.00 1Bk:of 5 5132 Pg: 922 Index: # EF008635-2018 Clerk: KP FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ORANGE ------------------------- X ALLY BANK, Plaintiff, COMPLAINT -against- Index # DOE" NEAL WILKINS "JOHN AND "MARY ROE", Defendants. ----------- -------------------------------X Plaintiff, by its attorney, as its complaint, respectfully alleges: l. That plaintiff, Ally Bank (Ally), is a foreign corporation, duly authorized to do business in the State of New with a place of business located in Minnesota. - - York, Shoreview, 2. That, upon information and belief, Defendant, Neal Wilkins (Wilkins) resides at 25 West Conkling Avenue, Middletown NY 10940. Doe" Roe" 3. "John and "Mary are fictitious names for one or more persons,. the identity of whom are unknown to plaintiff, and who may have possession or.a claifn upon the . . vehicle hereinafter described. AS A FIRST CAUSE OF ACTION AGAINST WILKINS 4. That said Defeñdâñt entered into a retail instalment contract for purchase of a 2015 Jaguar XF (the vehicle), which is more set forth in a copy of the contract which is annexed fully "A" hereto and marked Exhibit (the contract). 5. That the contract was assigned to Ally Financial Inc. (bottom on P 1 of contract) but thatAlly Bank isthe true party in interest beceese Ally Financial acts as Ally Bank's collateral agent. 6. That Plaintiff has a perfected security interest in the subject vehicle as shown on the Electronic Title Document, Exhibit "B". As hereinbefore stated, the lieñholder, Ally Fiiiancial, is acting as Ally Bank's collateral agent. 2 of 5 FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018 7. That the contract is in default in that the paymcat due 2/26/18 remaiñs unpaid and all payments thereafter. 8. That due to the default, as set forth in the contract (Remedies), Defendant is liable for the entire unpaid balance on the contract. 9. That the net amount due on the contract, good through 7/12/18, is the.sum of $30,090.07, with finance charges at the contract rate of 7.74% per annum from 7/12/18, which sum remains due and owing despite demand. AS A SECOND CAUSE OF ACTION AGAINST DEFENDANT, WILKINS 10. That the contract, (Agreement to Provide Insurance) requires physical damage insurance covering Plaintiff's interest in the vehicle. 11. That, upon information and belief, Defendãñt has failed to maintain collision insurance as required despite demand. 12. That due to the default, as set forth in the contact (Remedies), Defendant is liable for the entire unpaid balance on the contract. 13. That the net amount due on the contract, good through 7/12/18, is the sum of $30,090.07, with finance charges at the contract rate of 7.74% per annum from 7/12/18, which sum remains due and owing despite demand. . AS A THIRD CAUSE OF ACTION AGAINST DEFENDANT, WILKINS 14. That the contract(Default) provides "...ifyou default you agree to pay attorney's fees of 20% of the first $500 and 10% on any excess of the amount due and payable under this Contract...". 15. That the attorney hired to bring this action is not a salaried employee of Ally. 3 of 5 FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018 AS AND F OR A FOURTH CAUSE OF ACTION AGAINST DEFENDANTS DOE" ROE" WILKINS, "JOHN AND "MARY 16. That due to the default and pursuant to the contract (Remedies), plaintif F is entitled to possession of the vehicle. 17. Upon information and belief, defendant(s) have/has possession of the vehicle, or claim an interest in or lien upon the vehicle, which passwion or claim is subject and subordinate . to plaintiffs interest. 18. That the vehicle has not been surrendered, despite demand. 19. Upon information and belief, the estimated value of the vehicle is the sum of $22,750.00 based upon the NADA July, 2018 Wholesale Value. The vehicle has not been iñspected WHEREFORE, plaintiff demands judgment as follows: (1) On the Firstand Second Causes of Action again:;t defendant, Wilkins, in the amount of $30,090.07, with finance charges in the contract rate of 7.74% per annum from 7/12/18; (2) . On the Third Cause of Action agaha said defendant for assesament ofattorney's fees; Doe" (3) On the Fourth Cause of Action against defendants, Wilkins and "John and "Mary Roe", for an Order of Replevin awarding possession of the vehicle to plaintiff; and providing as followsi (a) That the vehicle shall be turned over to Plaintiff within 10 days of receipt the vehicle· shall of a copy of the Court's Order, and that not be rosno v od from its location, transferred, sold, pledged, assigñêd or otherwise disposed of or permitted to become subject to a. security interest or lien until further Order of the Court. That the Sheriff of any county where the vehicle is found shall seize the vehicle, withõüt delay, and that if the vehicle is not delivered to the Sheriff, he may break open, enter and search for the vehicle. That no undertaking be required, and upon seizure and payment of the Sheriffs fees and expenses; be immadiately turned over to pláintiff 4 of 5 FILED: ORANGE COUNTY CLERK 08/15/2018 03:22 PM INDEX NO. EF008635-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/15/2018 without having to retain custody for 10 days and thatthe Sheriff serve upon the person(s) from whom possession of the vehicle is seized a copy of the order of seizure, the papers upon which the order was granted and the s11-m-mons and complaint bearing the index number and date of filing with the Clerk of the Court and that same need not be served upon any other person, or, (b) in the alternative, Doe" judgment in the sum of $22,750.00 against Defendants "John and "Mary Roe"; Together with the costs and disbursements of this action and whatever other relief as to the court may seem just and proper. Dated: Goshen, New York August 15, 2018 ROBjÊRT W. FINK Attorney for Plaintiff 210 Main Street, Box 900 Goshen, New York 10924 (845) 294-9721 5 of 5