FILED: MONTGOMERY COUNTY CLERK 01/04/2021 03:43 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 01/04/2021
`
`CONSUMER CREDIT TRANSACTION
`
`STATE OF NEW YORK
`
`Plaintiff,
`
`SUPREME COURT
`COUNTY OF MONTGOMERY
`FIVE STAR BANK
`100 Chestnut Street
`Rochester, NY 14604
`
`VS.
`
`COURTNEYS, COOK
`1512 Baum Road
`Saint Johnsville, NY 13452,
`
`JORDAN LEE BAKER
`142 Montgomery Street
`Canajoharie, NY 13317,
`
`SUMMONS
`
`Case No::
`
`To The Above Named Defendants:
`
`Defendants.
`
`YOU ARE HEREBY SUMMONEDto answerthe Complaintin this action and to serve a copy of
`your Answeron Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive
`of the day of service, or within thirty (30) days after service is completed if this Summons is not
`personally delivered to you within the State of New York. In case of yourfailure to appear or answer,
`judgment will be taken against you by default for the relief demanded in the Complaint.
`
`Plaintiff designates Montgomery Countyas the placeof trial. The basis of venue is the place of
`transaction.
`Defendants reside in the County of Montgomery, New York.
`The consumercredit
`transaction took place in Montgomery County, New York. Plaintiff maintains a place of business at 100
`Chestnut Street, Rochester, NY 14604.
`
`Dated: Vcanbes (¥ , 2020
`
`By:
`if YA aD
`John
`KAY Kndrew, Esq.
`WOBPDSOVIATT GILMAN LLP
`Attorneysfor Plaintiff
`1900 Bausch & Lomb Place
`Rochester, New York 14604
`(585) 987-2800
`
`(8312225: }
`
`1 of 5
`
`
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 01/04/2021
`
`CONSUMER CREDIT TRANSACTION
`
`STATE OF NEW YORK
`
`Plaintiff,
`
`SUPREME COURT
`COUNTY OF MONTGOMERY
`FIVE STAR BANK
`100 Chestnut Street
`Rochester, NY 14604
`
`VS.
`
`COURTNEYS, COOK
`1512 Baum Road
`Saint Johnsville, NY 13452,
`
`JORDAN LEE BAKER
`142 Montgomery Street
`Canajoharie, NY 13317,
`
`SUMMONS
`
`Case No::
`
`To The Above Named Defendants:
`
`Defendants.
`
`YOU ARE HEREBY SUMMONEDto answerthe Complaintin this action and to serve a copy of
`your Answeron Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive
`of the day of service, or within thirty (30) days after service is completed if this Summons is not
`personally delivered to you within the State of New York. In case of yourfailure to appear or answer,
`judgment will be taken against you by default for the relief demanded in the Complaint.
`
`Plaintiff designates Montgomery Countyas the placeof trial. The basis of venue is the place of
`transaction.
`Defendants reside in the County of Montgomery, New York.
`The consumercredit
`transaction took place in Montgomery County, New York. Plaintiff maintains a place of business at 100
`Chestnut Street, Rochester, NY 14604.
`
`Dated: Vcanbes (¥ , 2020
`
`By:
`if YA aD
`John
`KAY Kndrew, Esq.
`WOBPDSOVIATT GILMAN LLP
`Attorneysfor Plaintiff
`1900 Bausch & Lomb Place
`Rochester, New York 14604
`(585) 987-2800
`
`(8312225: }
`
`1 of 5
`
`
`
`FILED: MONTGOMERY COUNTY CLERK 01/04/2021 03:43 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 01/04/2021
`
`IMPORTANT NOTICE
`
`Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices
`Act. That notice concerns yourdealings with us as a debt collector. It does not affect your dealings with
`the Court, and inparticular, it does not changethe time in which you must answerthis complaint. This
`legal pleading is a command fromthe Court, and you mustfollow its instructions and respond withinthe
`time period set forth in the summons, even if you dispute the validity or amountofthe debt as set forth in
`the validation notice. The validation notice also does not affect our relations with the Court. As a law
`firm, we mayfile papers in this suit according to the Court’s rules and the Judge’s instructions.
`
`Weare a debt collector, andthis is an attempt to collect a debt. Any information weobtain will be
`used for that purpose.
`
`If you have any questions regarding this matter please contact LORI PFEIL AT 1- 888-757-7553 OR 1-585-
`987-2800 ext. 2856.
`
`(8312225: }
`
`2 of 5
`
`
`
`FILED: MONTGOMERY COUNTY CLERK 01/04/2021 03:43 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 01/04/2021
`
`SUPREME COURT
`COUNTY OF MONTGOMERY STATE OF NEW YORK
`
`FIVE STAR BANK,
`
`Plaintiff,
`
`Vs.
`
`COURTNEYS. COOK
`JORDAN LEE BAKER,
`
`Defendants.
`
`VERIFIED
`COMPLAINT
`
`Case No.:
`
`
`
`Plaintiff, Five Star Bank, by its attorneys Woods Oviatt Gilman LLP, for its Verified
`
`Complaint against defendants,alleges that:
`
`1.
`
`Plaintiff is a New York bank authorized to do business in the State of New York,
`
`with an office located in the County of Monroe at 100 Chestnut Street, Rochester, NY 14604.
`
`2.
`
`Upon information and belief, defendantreside in the County of Montgomery, and
`
`State of New York.
`
`3,
`
`On May 11, 2019, defendants entered into an installment Auto Loan Agreement
`
`(“Agreement”), whereby defendants agreed to pay plaintiff the total amount of$25,890.48 in 72
`
`equal monthly installments of $359.59, which includes interest.
`
`4.
`
`Defendants breached the Agreementby failing to make the required payments in
`
`accordance with the terms of the Agreement.
`
`5,
`
`The principal sum of $7,035.03, accrued interest of $780.89, late charges of
`
`$107.88, account charges of $400.00 plus per diem interest of $1.58 (as calculated at the
`
`contractual rate of 8.19% per annum onthe principal sum) from November 20, 2020, the unpaid
`
`balance on the Agreement, remains due toplaintiff.
`
`{8312225: }
`
`3 of 5
`
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`FILED: MONTGOMERY COUNTY CLERK 01/04/2021 03:43 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 01/04/2021
`
`SECOND CAUSEOF ACTION
`
`6.
`
`7.
`
`Plaintiff realleges each allegation contained in paragraphs 1 through 5 above.
`
`Under the Agreement, in the event of default, defendants agreed to pay plaintiff's
`
`costs and attorney fees for collection of amount due.
`
`8.
`
`Defendants oweplaintiff costs and attorney fees in an amount to be determined by
`
`the Court.
`
`WHEREFORE, plaintiff respectfully demands judgmentagainst the defendants as follows:
`
`A.
`
`On the first cause of action, the principal sum of $7,035.03, accrued interest of
`
`$780.89, late charges of $107.88 and account charges of $400.00 plus per diem interest of $1.58
`
`(as calculated at the contractual rate of 8.19% per annum onthe principal sum) from November
`
`20, 2020 until the entry ofjudgment;
`
`B.
`
`On the second cause of action, for costs and attorneys’ fees as determined by the
`
`Court;
`
`C.
`
`Granting such otherand furtherrelief as the Court deems just andproper.
`
`Dated: Decemfetro»
`ochester, New York
`
`
`
`Lpsnn
`By:
`John K MehKndew, Esq
`WOQOPS OVIATT GILMAN LLP
`Attdfneys for Plaintiff
`Office and Post Office Address:
`1900 Bausch & LombPlace
`Rochester, NY 14604
`Tel: 585.987.2800
`
`(8312225: }
`
`4 of 5
`
`
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`FILED: MONTGOMERY COUNTY CLERK 01/04/2021 03:43 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 01/04/2021
`
`VERIFICATION
`
`STATE
`COUNTY
`
`OF NEW YORK
`OF MONROE
`
`)
`)
`
`SS:
`
`Douglas
`
`A.
`
`Roach,
`
`being
`
`duly
`
`sworn,
`
`deposes
`
`and
`
`says
`
`that
`
`he
`
`is
`
`an Assistant
`
`Vice
`
`President
`
`for
`
`Five
`
`Star
`
`Bank,
`
`the
`
`financial
`
`institution
`
`in
`
`the within
`
`entitled
`
`action;
`
`that
`
`he
`
`has
`
`read
`
`the
`
`foregoing
`
`complaint
`
`and
`
`knows
`
`the
`
`contents
`
`thereof;
`
`that
`
`the
`
`same
`
`is
`
`true
`
`to
`
`his
`
`own
`
`knowledge,
`
`except
`
`as to the matters
`
`therein
`
`stated
`
`to be alleged
`
`upon
`
`information
`
`and
`
`belief,
`
`and
`
`as to those matters
`
`he believes
`
`them to be true.
`
`Swo
`
`n to befor
`of
`
`day
`
`me on this
`
`, 2020.
`
`Eblic
`
`LORILEEJ.PFElL
`Notary Public, State of New York
`Qualified
`in Monroe County
`Reg. No. 01PF4972161
`Commission Expires September
`
`17, 2022
`
`..
`
`(83I2225:
`
`}
`
`5 of 5
`
`
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