On August 27, 2021 a
Complaint,Petition
was filed
involving a dispute between
Credit Acceptance Corp.,
and
Dmv,
Marcus Ferrell,
One 2020 Mitsubishi, Vin Ja4Ar3Au7Lu06687,
Rasheeda Smith,
for Special Proceedings - Other (Transfer Title)
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 08/27/2021 10:22 AM INDEX NO. 907598-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
STATE OF NEW YORK
SUPREME COURT ALBANY COUNTY
In the Matter of Index No.:
RJI No.:
CREDIT ACCEPTANCE CORP.,
Petitioner,
-against-
One 2020 MITSUBISHI, VIN: JA4AR3AU7LU06687,
defendants-in-rem, RASHEEDA SMITH and MARCUS FERRELL, and
THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES,
Respondents.
PETITION AND AUTHENTICATED TRANSFER STATEMENT
PURSUANT TO NEW YORK U.C.C. 9-619
CREDIT ACCEPTANCE CORP., ("applicant") submits the following statements based
upon the books and records of applicant made and maintained in the course of bminess
ordinary
the entries in them being made contemporaneously with the trañsactions so recorded.
THE SPECIFIC SECURED COLLATERAL
1. Applicant holds a duly perfected purchase money security interest in the certain vehicle
described in the printout of lien issued by the MICHIGAN State Department of Motor Vehicles
annexed hereto and marked Exhibit "A".
2. A of the retail installment contract and agreement ("the which
copy security contract")
grants the security interest to applicant in the subject vehicle is annexed hereto and marked Exhibit
"B".
THE DEFAULT
3. The debtor under the aforesaid security agreement is in default under the provisions of
the security agreement as follows:
Your Other Premises to Us: You will not expose the Vehicle to misuse or
confiscation.
1 of 3
FILED: ALBANY COUNTY CLERK 08/27/2021 10:22 AM INDEX NO. 907598-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
4. The debtor breached the contract by using the vehicle illegally and thereby subjecting the
vehicle to impound and confiscation. As indicated by the annexed letter by the New York City
Police Department, the subject vehicle has been seized and subjected to disposition by a
governmental authority. (See: Exhibit "C")
5. By reason of the default and seizure and potential forfeiture of applicant's collateral,
applicant has exercised its post-default remedies with respect to the collateral, including demand
that the debtor surrender the collateral to applicant.
6. By reason of the exercise of its right to repossess the vehicle, applicant has acquired the
rights of the debtor to the collateral.
ADDRESS
7. The name(s) of the debtor are RASHEEDA SMITH and MARCUS FERRELL. The
debtor's last known mailing address is 54 81 ALMEDA AVENUE, APT #2F, ARVERNE, NY
28™ FAR NY
11692 and 315 BEACH ST, ROCKAWAY, 11691. The name of the secured party
is Credit Acceptance Corp., PO Box 25505 West Twelve Mile Road, Southfield, MI 48034.
REQUEST FOR TITLE
8. By reason of the foregoing, applicant requests that titleto the subject automobile be
issued in the name of applicant pursuant to N.Y. U.C.C. 9-619.
Dated: Albany w Yo LA C OF RUDOLPH J. MEOLA
This of 6 . , 2021
Aporney f Petitioner
1822 We ern Avenue
Albany ew York 12203
Phone: (518) 713-2030
2 of 3
FILED: ALBANY COUNTY CLERK 08/27/2021 10:22 AM INDEX NO. 907598-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
ATTORNEY VERIFICATION
RUDOLPH J. MEOLA, an attorney admitted to practice in the Courts of the State of New
York and of counsel with the attomey of record for the petitioner herein, under the penalty of
perjury, affirms, says and verifies:
I have read the foregoing petition and know the contents thereof; the same is true based
upon my own, personal knowledge of the facts, except as to the matters therein stated to be alleged
on information and belief and that as to those matters I believe it tobe true. This verification is
made pursuant to CPLR 3020(d)(3). The reason this verification is made by an attorney is that
petitioner is not in the county where our office is located. The undersigned is fully acquainted with
the facts set forth in this complñit and has actual knowledge of the circumstances giving rise to the
complaint. The source of my information and the grounds of my belief are communications with
petitioner's represelitatives and tangible documentation made available to the undersigned by the
petitioner.
Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the
courts of the State of New York, certifies that, upon information and belief, and after reasonable
inquiry, the conteñtions contained in the annexed document(s) are not frivolous.
LAW OFFICE OF RUDOLPH J. MEOLA
s f , 2021
. .. .
....... ........ ..........
......
Rudolph . 141eola
Attorney dr Petitioner
1822 Wpstern Avenue
Albaný', New York 12203
Phone: (518) 713-2030
3 of 3
Document Filed Date
August 27, 2021
Case Filing Date
August 27, 2021
Category
Special Proceedings - Other (Transfer Title)
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FILED: ALBANY COUNTY CLERK 08/27/2021 10:22 AM INDEX NO. 907598-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 STATE OF NEW YORK SUPREME COURT ALBANY COUNTY In the Matter of Index No.: RJI No.: CREDIT ACCEPTANCE CORP., Petitioner, -against- One 2020 MITSUBISHI, VIN: JA4AR3AU7LU06687, defendants-in-rem, RASHEEDA SMITH and MARCUS FERRELL, and THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondents. PETITION AND AUTHENTICATED TRANSFER STATEMENT PURSUANT TO NEW YORK U.C.C. 9-619 CREDIT ACCEPTANCE CORP., ("applicant") submits the following statements based upon the books and records of applicant made and maintained in the course of bminess ordinary the entries in them being made contemporaneously with the trañsactions so recorded. THE SPECIFIC SECURED COLLATERAL 1. Applicant holds a duly perfected purchase money security interest in the certain vehicle described in the printout of lien issued by the MICHIGAN State Department of Motor Vehicles annexed hereto and marked Exhibit "A". 2. A of the retail installment contract and agreement ("the which copy security contract") grants the security interest to applicant in the subject vehicle is annexed hereto and marked Exhibit "B". THE DEFAULT 3. The debtor under the aforesaid security agreement is in default under the provisions of the security agreement as follows: Your Other Premises to Us: You will not expose the Vehicle to misuse or confiscation. 1 of 3 FILED: ALBANY COUNTY CLERK 08/27/2021 10:22 AM INDEX NO. 907598-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 4. The debtor breached the contract by using the vehicle illegally and thereby subjecting the vehicle to impound and confiscation. As indicated by the annexed letter by the New York City Police Department, the subject vehicle has been seized and subjected to disposition by a governmental authority. (See: Exhibit "C") 5. By reason of the default and seizure and potential forfeiture of applicant's collateral, applicant has exercised its post-default remedies with respect to the collateral, including demand that the debtor surrender the collateral to applicant. 6. By reason of the exercise of its right to repossess the vehicle, applicant has acquired the rights of the debtor to the collateral. ADDRESS 7. The name(s) of the debtor are RASHEEDA SMITH and MARCUS FERRELL. The debtor's last known mailing address is 54 81 ALMEDA AVENUE, APT #2F, ARVERNE, NY 28™ FAR NY 11692 and 315 BEACH ST, ROCKAWAY, 11691. The name of the secured party is Credit Acceptance Corp., PO Box 25505 West Twelve Mile Road, Southfield, MI 48034. REQUEST FOR TITLE 8. By reason of the foregoing, applicant requests that titleto the subject automobile be issued in the name of applicant pursuant to N.Y. U.C.C. 9-619. Dated: Albany w Yo LA C OF RUDOLPH J. MEOLA This of 6 . , 2021 Aporney f Petitioner 1822 We ern Avenue Albany ew York 12203 Phone: (518) 713-2030 2 of 3 FILED: ALBANY COUNTY CLERK 08/27/2021 10:22 AM INDEX NO. 907598-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 ATTORNEY VERIFICATION RUDOLPH J. MEOLA, an attorney admitted to practice in the Courts of the State of New York and of counsel with the attomey of record for the petitioner herein, under the penalty of perjury, affirms, says and verifies: I have read the foregoing petition and know the contents thereof; the same is true based upon my own, personal knowledge of the facts, except as to the matters therein stated to be alleged on information and belief and that as to those matters I believe it tobe true. This verification is made pursuant to CPLR 3020(d)(3). The reason this verification is made by an attorney is that petitioner is not in the county where our office is located. The undersigned is fully acquainted with the facts set forth in this complñit and has actual knowledge of the circumstances giving rise to the complaint. The source of my information and the grounds of my belief are communications with petitioner's represelitatives and tangible documentation made available to the undersigned by the petitioner. Pursuant to 22 NYCRR 130-1.1a, the undersigned, an attorney admitted to practice in the courts of the State of New York, certifies that, upon information and belief, and after reasonable inquiry, the conteñtions contained in the annexed document(s) are not frivolous. LAW OFFICE OF RUDOLPH J. MEOLA s f , 2021 . .. . ....... ........ .......... ...... Rudolph . 141eola Attorney dr Petitioner 1822 Wpstern Avenue Albaný', New York 12203 Phone: (518) 713-2030 3 of 3