`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-9
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`RECEIVED NYSCEF: 01/04/2022
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`CONSUMER CREDIT TRANSACTION
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONTGOMERY
`Credit Acceptance Corporation
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`Plaintiff,
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`-against-
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`Shelby D Dillenbeck and Lewis S Franklin
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`Defendant(s).
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`X
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`Date Purchased:
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`Index №
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`SUMMONS
`Plaintiff's Address:
`25505 West Twelve Mile Rd., Suite
`3000
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`Southfield MI 48034
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`The Basis of Venue is:
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`CPLR SEC. 503(a)
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`X
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`We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose.
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`Defendant(s) Address:
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`DEF.#1 - 5 Kellogg St, Fort Plain NY 13339-1401
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`DEF.#2 - 43 Covington Ave, Schenectady NY 12304-4362
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`TO THE ABOVE NAMED DEFENDANT(S):
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`YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your
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`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 service is complete if this summons is not personally delivered to you within the
`State of New York; and 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.
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`Dated: December 8, 2021
`Matter # 443309
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`____________________________
` Evridike Kollis
` Stephanie R. Vetch
` Aksana Bondartseva
` Joseph J. Cassotta
` Scott Morris
` Anthony Poulin
` Stephen Einstein
` Joseph G. Devine
`
`
`Tromberg, Morris & Poulin, PLLC
`Attorneys for the Plaintiff
`39 Broadway, Suite 1250
`New York, N.Y. 10006
`(212) 267-3550
`
`*SM0000443309*
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`S_S_SUP-SUM
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`1 of 6
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`FILED: MONTGOMERY COUNTY CLERK 01/04/2022 04:21 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-9
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`RECEIVED NYSCEF: 01/04/2022
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`INDEX №:
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`COMPLAINT
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONTGOMERY
`
`Credit Acceptance Corporation
`
`
`Plaintiff,
`
`
`
`-against-
`
`
`
`
`Shelby D Dillenbeck and Lewis S Franklin
`
`
`Defendant(s).
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`Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that:
`1. Plaintiff is a corporation licensed to transact business in the State of New York, with its principal
`place of business within the State of MI, and as an original creditor is (i) exempt from the definition
`of a “debt collection agency”; and (ii) the licensing provisions under New York City Administrative
`Code §§ 20-490, respectively, as interpreted by the New York City Department of Consumer
`Affairs
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`2. That all times hereafter the Defendant(s) reside(s) in or has principal place of business in the
`County of MONTGOMERY; or transacted business within MONTGOMERY in person or through
`an agent with the Plaintiff.
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`3. That the Defendant(s) entered into a Retail Installment Contract for purchase of an automobile
`on 07/16/2020.
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`4. Defendant(s) defaulted in payment thereunder and in accordance with the terms of the Contract.
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`5. That on 03/31/2021 Plaintiff repossessed the collateral of the Contract.
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`6. That on 06/03/2021 Plaintiff sold the collateral at a commercial sale/auction to the highest
`bidder, following notice to the Defendant(s)
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`7. That all applicable adjustments, including payments, charges, costs, setoffs and fees have been
`applied to the suit balance and demand for payment from Defendant(s) has been made but
`Defendant(s) have failed to pay the amount due despite due demand.
`
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`WHEREFORE, Plaintiff demands judgment against the Defendant(s) in the sum of
`$11,154.45 with interest from 10/18/2021 together with the costs and disbursements of this action.
`
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`CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC
`Deponent certifies that, to the best of their knowledge, information and belief, formed after an
`inquiry reasonable under the circumstances, the presentation of the paper or the contentions
`therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and
`an initiating pleading, the matter was not obtained through illegal conduct, and the matter was
`not obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 8th day of December,
`2021
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`S_S_COM-DEF
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`2 of 6
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`FILED: MONTGOMERY COUNTY CLERK 01/04/2022 04:21 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-9
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`RECEIVED NYSCEF: 01/04/2022
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`____________________________
` Evridike Kollis
` Stephanie R. Vetch
` Aksana Bondartseva
` Joseph J. Cassotta
` Scott Morris
` Anthony Poulin
` Stephen Einstein
` Joseph G. Devine
`
`
`Matter # 443309
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`S_S_COM-DEF
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`3 of 6
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`FILED: MONTGOMERY COUNTY CLERK 01/04/2022 04:21 PM
` Index No.
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`Year
`NYSCEF DOC. NO. 1
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`INDEX NO. EF2022-9
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`RECEIVED NYSCEF: 01/04/2022
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONTGOMERY
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`Credit Acceptance Corporation
`Plaintiff
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`-against-
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`Shelby D Dillenbeck and Lewis S Franklin
`Defendant(s)
`
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`SUMMONS AND VERIFIED COMPLAINT
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`Signature (Rule 130-1. 1-a)
`
`____________________________
` Evridike Kollis
` Stephanie R. Vetch
` Aksana Bondartseva
` Joseph J. Cassotta
` Scott Morris
` Anthony Poulin
` Stephen Einstein
` Joseph G. Devine
`
`
`
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`LAW OFFICE OF
`TROMBERG, MORRIS & POULIN, PLLC
`Attorney(s) for Plaintiff
`Office and Post Office Address
`39 Broadway, Suite 1250
`New York, New York 10006
`(212) 267-3550
`Fax (212) 227-9656
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`Service of a copy of the within ___________________ is hereby admitted.
`Dated,
`
`Attorney(s) for Plaintiff(s)
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`Sir: Please take notice
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`NOTICE OF ENTRY:
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`That within is a (certified) true copy of a duly entered in the office of the clerk
`of the within named court on
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`NOTICE OF SETTLEMENT
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`That an order __________________ of which the within is a true copy of a
`Settlement to the HON.
`___________________ Presented for one of the
`judges
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`Of the within named court, at
`On the ___ day of _____ 2021 at __ A.M
`Dated,
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`S_S_SUP-BB
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`4 of 6
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`FILED: MONTGOMERY COUNTY CLERK 01/04/2022 04:21 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-9
`
`RECEIVED NYSCEF: 01/04/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONTGOMERY
`
`Credit Acceptance Corporation
`
`
`Plaintiff,
`
`
`
`-against-
`
`
`
`
`Shelby D Dillenbeck and Lewis S Franklin
`
`
`Defendant(s).
`
`
`
`
`
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`
`
`INDEX №:
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`NOTICE OF COMMENCEMENT OF ACTION
`SUBJECT TO MANDATORY ELECTRONIC FILING
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`PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
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`electronically filed case in the New York State Courts Electronic Filing System (“NYSCEF”) as
`required by CPLR § 2111 and Uniform Rule § 202.5-bb (MANDATORY ELECTRONIC FILING).
`This notice is being served as required by that rule.
`
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`NYSCEF is designed for the electronic filing of documents with the County Clerk and the
`court and for the electronic service of those documents, court documents, and court notices upon
`counsel and unrepresented litigants who have consented to electronic filing.
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`Electronic filing offers significant benefits for attorneys and litigants, permitting papers to
`be filed with the County Clerk and the court and served on other parties simply, conveniently, and
`quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
`NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
`documents are served automatically on all consenting e-filers as soon as the document is uploaded
`to the website, which sends out an immediate email notification of the filing.
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`The NYSCEF System charges no fees for filing, serving, or viewing the electronic case
`record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid,
`but this can be done on-line.
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`Parties represented by an attorney: An attorney representing a party who is served with
`this notice must either: 1) immediately record his or her representation within the e-filed matter on
`the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action
`is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith
`that they lack the computer hardware and/or scanner and/or internet connection or that they lack
`(along with all employees subject to their direction) the operational knowledge to comply with e-
`filing requirements. [Section 202.5-bb(e)]
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`Parties not represented by an attorney: Unrepresented litigants are exempt from
`efiling. They can serve and file documents in paper form and must be served with documents
`in paper form. However, an unrepresented litigant may participate in e-filing. For information on
`how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the
`court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented
`litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court
`where the action was filed. An unrepresented litigant who consents to e-filing may cease
`participation at any time. However, the other parties may continue to e-file their court documents in
`the case.
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`S_S-EFI
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`5 of 6
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`FILED: MONTGOMERY COUNTY CLERK 01/04/2022 04:21 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2022-9
`
`RECEIVED NYSCEF: 01/04/2022
`
`
`
`
`____________________________
` Evridike Kollis
` Stephanie R. Vetch
` Aksana Bondartseva
` Joseph J. Cassotta
` Scott Morris
` Anthony Poulin
` Stephen Einstein
` Joseph G. Devine
`
`
`Tromberg, Morris & Poulin, PLLC
`39 Broadway, Suite 1250
`New York, N.Y. 10006
`(212) 267-3550
`www.tmppllc.com
`
`
`
`
`
`
`
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`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).
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`Dated: December 8, 2021
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`TO:
`Shelby D Dillenbeck
`
`5 Kellogg St
`Fort Plain NY 13339-1401
`
`Lewis S Franklin
`
`43 Covington Ave
`
`Schenectady NY 12304-4362
`
`
`
`
`
`Matter # 443309
`
`
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`
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`S_S-EFI
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`6 of 6
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