Preview
FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022
Cattaraugus Supreme Court
County of Cattaraugus State of New York
Community Bank, N.A.
Index No
Date Filed:
Plaintiff(s)
-vs-
CONSUMER CREDIT TRANSACTION
Jacob A Landroche
SUMMONS
Defendant(s)
TO THE ABOVE Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of
your answer, or, if the complaint is not served with the summons, to serve a notice of appearance, on the
Plaintiffs attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of
serving, or within thirty (30) days after completion of service where service is made in any other manner
than by personal delivery within the state. 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.
The defendant(s) resides in the County of Cattaraugus.
The consumer credit transaction took place in Cattaraugus county.
Cattaraugus County is designated as the place of trial based on:
the consumer credit transaction took place in Cattaraugus
the defendant residence, now or at the time of the tr saction.
DATED: 06/15/22
Amanda C Shaw, Esq.
Riehlman, Shafer & Shaw, LLC
Attorneys for Plaintiff
Post Office Box 544
Tully, NY 13159-0544
(315) 696-6347
THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
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Cattaraugus Supreme Court
County of Cattaraugus State of New York
Community Bank, N.A.
Plaintiff(s)
-vs- VERIFIED COMPLAINT
Jacob A Landroche
Defendant(s)
Plaintiff(s) by the undersigned Attorney, alleges:
1. The Plaintiff is a National Banking Association, licensed to conduct business in New York, with a
principal place of business at 45-49 Court Street, Canton, County of St. Lawrence, State of NY.
2. Upon information and belief at all times hereinafter mentioned, the Defendant(s) is/are an
individual(s), with a residence at 180 West Branch Franklinville, NY 14737.
3. Plaintiff is the original creditor in a certain consumer credit transaction (close ended) that is the
subject of the within action, as evidenced by a certain Promissory Note and Truth-In-Lending Disclosures
signed defendant(s) on or about October 10, 2019. The last four digits of the account number
by
assigned to the subject credit transaction are 0544. A true copy of the subject Agreement is annexed
hereto and made part hereof as Exhibit A.
4. Plaintiff advanced the sums described in said Agreement to or for the benefit of defendant(s), which
defendant(s) agreed to repay to plaintiff, together with interest thereon, pursuant to the terms set forth
therein.
5. The defendant(s) defaulted under the terms of the Agreement by failing to make payments to the
plaintiff when due. Defendant(s) failed and neglected to make agreed-upon payments when due.
Defendant(s) last voluntary payment remitted to plaintiff in the amount of $124.77 was received and
credited by plaintiff on the subject account on May 6, 2021, thereby leaving an unpaid principal balance
of $3,462.38. An Account record evidencing the last voluntary payment made is attached hereto as
Exhibit B.
defendant(s)'
6. By reason of the payment default as aforesaid, there is currently due and owing to the
Plaintiff by the Defendant(s), the sum of $3,546.24 which includes unpaid principal of $3,462.38, plus
accrued but unpaid interest from May 6, 2021 through July 16, 2021 in the sum of $58.86, accumulated
late charges of $25.00, plus interest at the rate of 8.740% from July 16, 2021.
7. That although payment has been demanded of the Defendant(s) by the Plaintiff, such has been
neglected and refused and/or denied.
Defendants'
8. By reason of payment default as aforesaid, Plaintiff has been damaged in the total amount
of $3,546.24, plus future interest on the principal balance at the contract rate of 8.740% from July 16,
2021.
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WHEREFORE, Plaintiff demands judgment against the Defendant(s), for the total amount claimed due
herein together with reasonable attorneys fees, if provided by contract and allowed by law and the costs
and disbursements of this action, and whatever additional relief the Court deems just, proper and
equitable, less payments made.
DATED: 06/15/22
Aman a C Shaw, sq.
Riehlman, Shafer & Shaw, LLC
Attorneys for Plaintiff
Post Office Box 544
Tully, NY 13159-0544
(315) 696-6347
THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
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VERIFICATION
STATE OF NEW YORK )
COUNTY OF ST. LAWRENCE) s.s.:
Pamela S. Dent, being firstduly sworn, deposes and says:
1. Iam the Asst Collections Manager for Community Bank, N.A., the Plaintiff herein;
2. I have read the foregoing complaint and know the contents thereof;
3. The same is true to the knowledge of your Deponent, except as to matters therein alleged upon
information and belief and, as to such matters, your Deponent believes itto be true;
4. The basis of your Deponent's knowledge is my familiarity with the practices and procedures of
Community Bank, N.A. in relation to the creation and maintenance of business records of Community
Bank, N.A. in the ordinary course of the bus ess of Community Bank, N.A. in particular relation to
the matters described in the within compl t.
Swom to before me this
day of s , 20
Notary blic
JESSICA SUE BURKE
Notary State
Public, of New York
No. 01BU6425494
Qualified
in St. LawrenceCounty
Commission ExpiresNov. 22, 2025
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FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438
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"A"
EXHIBIT
"A"
EXHIBIT
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022
NUMBER LOAN NAME ACCT, NUMBER NOTE DATE INITIALS
LOAN
JACOB A LANDROCHE 1C/10/19 CVINCENT
RATE MATURITY DATE LOAN PURPOSE
NOTE AMOUNT INDEX (wlMargin)
Not Applicable 8.740% 10/09/23 Consumer
$5,040.00
CreditorUse Only
AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES
PROMISSORY NOTE, SECURITY
(Consumer - Closed End}
The dateof this Agreement and Disclosures
Truth"ln-Lending (Loan Agreement) is October
DATE AND PARTIES. Pmmissory Note, Security
10, 2019. The parties addresses
and their are:
LENDER:
COMMUNITY BANK, N.A.
201 N. Union Street
Olean, NY 14760
Telephone: 1-800-388-4679
BORROWER:
JACOB A LANDROCHE
180 WEST BRANCH
FRANKLINVILLE, NY 14737
"I,""me," 'my" refertoeach Barrower this
Loan Agreement, and
individually togetherwiththeir successors
heirs,
The pronouns and signing
person or legal guarantors, and
endorsers, who
sureties) agrees to pay thisLoan Agreement.
and assigns,and each other entity(including
Žou" Žour" successors
or syndicators,
participants and assigns,or anyperson or company thatacquiresan
and referto theLeader, any
Documents referto an thedocuments executed as apart oforin connectionwith theLoan. Propertymeans any
in the
interest Loan. Loan
that secures performance ofthe obligationsof thisLoan Agreement. Rates and rate change
property,real,personal orintangible, my
are expressed
limitations percentages.
as annualized AH dollaramounts wiH be payable
in lawful
money of States
the United of America.
AMOUNT FINANCED TOTAL OF PAYMENTS
ANNUAL PERCENTAGE RATE FINANCE CHARGE
The amount provided
of credit to The amount l will have paid
The costof my credit
as a amount
The dollar the credit
me or on my behalf. when I have made all scheduled
rate.
yearly will
cost me,
payments.
$948.96 $5,040.00 $5,988.98
8.728%
Payment Schedu1e. My payment schedulewillbe:
Number of Payments Amount of Payments When Payments Are Due
48 $ 124.77 Monthly beginningNovember 9, 2019
The annualpercentage rate increaseduringthe termof thistransaction
ifIfailto makea scheduledpayment according
PrefettedRate. may
Under rate
the preferred feature,the annual percentage
rate maynot increasemore than .250percentand
debit
to our automatic agreement.
percent to make
if I fail a scheduledpayment accordingto our automatic
debitagreement. Any increasewHI have
may only increase
by .250
The amount payment
of each scheduled increases
If the rate
win increase. by .250percent one month
the foHowingeffecton the payments:
after begins
interest to accrue,thepayment amount wHilncreaseto $125.37.
Security.I am giving interest
a security in:
Motor Vehicle(Non-Residence),2002 GMC SIERRA
payment is morethan 30 days late, be charged
I will 5.000 percentofthe Amount of Payment or $G.00,whicheveris less.
Late Charge. It'a
Prepayment. off
If I pay early, not have
I will to pay a penalty.
Assumption. Someone the property
securing cannot
the obligation assume the remainderof on the original
the obligation terms.
buying
contractdocuments for information
additional about nonpayment, default,
any requiredrepaymentin
Contract Documents. I wiH see my any
before
full the scheduled
date, and prepaymentrefunds and penalties.
I promise
For value received, to pay you or your order sum of 45.040.00
the principal plus interest
(Principal) atthe rate
1. PROMISE TO PAY.
October Principal
on the unpaid balanceuntilthis Loan Agreementmaturesor thisobligation
is
of 8.740 percent Rate) from
(Interest 10, 2019
accelerated.
or interest
win accrue on theunpaid Principal
balanceof thisLoan Agreement at from
Rate in effect
the Interest
Aftermaturity acceleration,
until
paid infun. amount assessedor coHected under
as interest the terms ofthisLoan Agreement be Hmited
will tothe
time totime, Any
maximum lawful amount of aHowed
interest appHeade law. Amounts in
collected excessof the maximum lawfulamount wiH be applied
by
to the unpaidPrincipal
balance. remainder to me.
win be refunded accrues
Interest using an Actual/Actual
days countingmethod.
first Any
JACOB A LANDROCHE
New York Promissory Noto, Security Agreement and Truth-In-Lending Disclosures
NY/4CVINCENT0044t70000t895023totot9N 20t9Bankers Systems'
Walters Kluwer financrel Services "t996, Page t
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022
The InterestRate Isa PreferredRate reflectinga ascount equef to.260 percent. This PreferredRateis offeredIn consideradonof my
agreement that scheduled
eH regularly payments wm be paid by outomado de+t. IfI fail
to providethisconsideration,unlessotherwise
requiredby law,the Interest
Ratewill,withoutnotice,
automadcally Increase.
IfI fanforany reason to make a scheduledpayment pursuant to theautomaticdeSt arrangement when due,the laterest
Rate wM Increase
.260 percent.
A change wm be effecdve immediatelyafterthe dateI fan to meet
the conditions
of my arrangements withyou. Such an increasewm remain
for
In effect the remainderofthe term of this Loan Agreement.
The InterestRate may change duringtheterm of transaction.
this Each dateon which the interest
Rate may change Is caHed a Change Date.
Rate may
The Interest change, afterBarrowerfans to makea scheduledpayment accordng to the automatic
de+t agreement.
On each Change Date you wHI calculate
the Interest
Rate, which wM be the Rate,plus.260 percentIf I fall
to make timelypayments under
thisLoan Agreement puravant to theautomade dedt arrangement. A change Inthe Interest
Rate winhave thefoHowing effecton the
payments: The amount of scheduledpayments wm change.
2. REMEDIAL CHARGES. In addition or other
to laterest Snance charges,I agreethatI wmpay these addtionalfeesbased on my method and
patternof payment. Addtlanalremedal chargesmay be described elsewhereIn this Loan Agreement.
A.Late Charge. Is more
If a payment than I wm be charged
10 days late, 5.OOO percentof the Amount of Paymentor OG.OO, whicheveris
less. I wm payt+s latechargepromptly butonly onceforeachlate payment.
B. Retumed Payment Charge. I agree to a fee not toexceed $20.00 for each check, electronic
payment, negotlade order of
pay
withd awalor draftI tssue he connection
with the LoanthatIs retumedbecause it has been dshonored.
3. PAYMENT. I agreeto paythisLoan Agreement In h8payments. A payment of O124.77 wm be due November 9, 20t9, and on the 9th
ofeach month thereafter.A Snalpayment of theentireunpaidbalanceof Pdncipal wHI be due October
and Interest 9, 2023.
day
Payments wm be rounded to thenearest 4.Ot. Mth thefinalpayment I also agree
to pay any addtionalfeesof chargesowing and the
up
amount of advances you have made to otherson behalf.Payments scheduled tobe paid onthe 29th,30th or 3tst dayof amonth
any my
thatcontainsno such day be made
wHI,1nstead, day of such
on the last month.
I make on t+sLoan Agreement Interest
wM be appHed flest to that then
is due, to prInc pal
thatis die,then charges
to late that
Each payment
are due,and SnaHy to credtInsurancepremiums thatare due.No latecharge wlH be assessedon any payment when the ordy deHnquencyis
due to latefeesassessed on earnerpayments and the payment Is otherwisea fun payment. You may change how payments are applied
In
without
your sole decretion noticeto me. The actualamount of my Snel payment wm depend on my payment record.
I may prepaythisLoan Agreement at any time.
In fuH or In part Any partial
prepayment wM not excuse scheduled
any later
4. PREPAYMENT.
payments untill pay in Mt.
S. LOAN PURPOSE. The purposeof this Loan Is Auto
Purchase.
ARBITRATDN PROVISION - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS
6. ADDITIONAL TERMS.
EITHER YOU OR I MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY
TRIAL. IF A DISPUTE IS ARBITRATED IWILL GIVE UP MY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON
ANY CLASS CLAIM I MAY HAVE INSTRUCTED YOU INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOUDATDN OF
ARBITRATIONS. DISCOVERY AND MGHTS TO APPEAL IN ARBITRATDN ARE GENNERALLY MORE UMITED THAN IN A
INDIVIDUAL
AND OTHER RIGHTS THAT YOU AND I WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You or I may subrnit
LAWSUIT,
claim or othermatter In questionbetween or among you and me thatarisesout of or relates
to this
to bindng arStradon any depute,
except asotherwise Indcated inthissectionor as you and I agreetoIn writing.For purposes ofthissection,this
Transaction IDIspute),
InchidesthisNote and the otherLoan Documents, and proposed loansor extensionsofcredt thatrelatetothisNote. You and I
Transaction
toar+trate Dispute a debtsecured by real estate
at thetimeof the proposedarbltradon. provides
If federallow
must consent any concerning
Is not subjectto Includng relative
to borrowers coveredunder the Mmter y Lendng Act, this
that a claimor depute +ndng ar+tration,
shall not to suchclaim You may
or dispute. or exercise
foreclose any powersof sale against
real property
securinga
provision
Arbitratlan apply
Disputebefore, orafter You
arbitration. may alsoenforcea debtsecured by t+srealpropertyand underlyhag
debt undarJIng any bring any
Dispute or after You
ar+tratton. or I may, whether or notany arStrationhasbegun, pursue any or simUer
self-help
the before,during any
or exercisingotherrightsunderthe lawlseek attachment,gamishment, or other
receivership, provisional
remedes, Includngtakingproperty
a court jurisdctionto preservethe rightsofor toprevent lirepara+el {uryto you orme; or forechse againstany
remedies trom having
method ortake legalectiontorecover property.Foreclosingorexercisinga power ofsafe,beginningand condnuing a
propertyby any any
an action to a balance or forIndvIdualInfunctive
reHef or pursuingself-helpremedes wm not
judoral acdon, lmng recovery deficiency
the tocompel ardtration.The ardtratorwlH determinewhether a Dispute Is arStra+e.A arbitrator
single wm
constitutea waiver of right
resolve Disputeon an Indvidual whether based on connect, tort,or any othermatter oflaw orin equity. Any court having
any basis,
Jurisdotion entera fudgment award.
on the arbitrator
or decree The fudgmentor decree as any other fudgment
win be enforced or decree.
may
transactionsor the relatlans+ps
whichresultfrom the agreementsor transactions
between and
You and I acknowledgethatthe agreements,
me invahre commerce.
Interstate The UnitedStates Ar+trationAct wm govem the and
laterpretation enforcement ofthis
among you and
Ardtradon Association ArStrationRules, In effect
at thetime,WM govem of
the selection and the
the ardtrator
section.The American (AAA)
unless otherwiseagreed toIn thisNote or anotherwilting.You may get a copy ofthe Rules bycontactlngthe AAA or
ardtrationprocess,
Itswebsite. The arStrator
shallbe an attomey judge
or retired and shall
be selectedperappHeaMo rules. The arSouter shaU apply
visiting
substantivelawand statute
the epplicable WAlVER
of Hmitations. OF CLASS ACTDN AND TRIAL. ANY CLAIM OR DISPUTE IS TO
goveming
BY A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. I EXPRESSLY WAlVER ANY RIGHT
BE ARBITRATED
I MAY HAVE TO ARBITRATE A CLASS ACTION. YOU AND I UNDERSTAND THAT THE PARTIES HAVE THE RIGHT OR OPPORTUNITY TO
LITIGATE ANY DISPUTE THROUGH A TRIAL BY JUDGE OR JURY, BUT THAT THE PARTIES PREFER TO RESOLVE DISPUTES THROUGH
INSTEAD OF LITIGAT.N. IF ANY DISPUTE IS ARBITRATED, YOU AND I WILLVOLUNTARILY AND KNOWINGLY WAlVE THE
ARBITRAT.N
RIGHT TO HAVE A TRIAL BY JURY OR JUDGE DURING THE ARBITRATION.
7.SEOURITY. The Loan is secured
by PropertydescribedIn the SECURITY AGREEMENT sectionof t+sLoan Agreement.
8. SECURITY AGREEMENT.
JACOB A LANDROCNE
Nata, Security Agroomont and Truth-tn-Lending Dinotamuram
New York Praraimmary
Ny/4CVINCENTD004170000189602310tO19N 2019 Bankers Systems*
Wblters Khmer ananclat Services -t996. Page2
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A. Secuted Debte. This SecurityAgreement wiH secure the followingdebts ISecuredDebts), togetherwith allextensions,
renewels,
modñcations
refinancings, and replacements ofthesedebts: .
(1) Sums Advanced under the termsof thisLoan Agreement. Allsums achranced and expensesincurredby you under theterms of
this Loan Agreement.
(2)AD Debts. AD present and futuredebts of aH Borrowers owing toyou, even Ifthis SecurityAgreement is not speciScaUy
referenced,the futuredebtsare alsosecuredby other or If
coHateral, the futum debtis unrelated a dfferent
to or of type thenthis
debt. If morethan one personsignsthisSecurityAgreement, each agreesthatitwm secure debtsincurredeitherImovldwaHy or wkh
otherswho not signtNs Agreement. this
Nothing.In SecurityAgreement constitutesa commitment to make addtIonal
may Security
or future
loans or advances.Any such commitment must be'Inwriting.
This SecurityAgreement wN not secure any debtfor wMch a non-possessory,non-purchasemoney security la created
Interest in
goods" loan,"as thoseterms are defined federallaw unfalfand decepdve
"household In connectionwitha "consumer by goveming
creditpractices.In addtlon,thisSecurityAgreement wlR not secureany otherdebt if,withrespectto such otherdebt, you faH to
fuHM any requirements to
or fall conform toany Hmitationsof theTruth Act
in Lending IReguladon Z) orthe Real Estate
necessary
Settlement ProcedbresAct IRegulation
XI thatare requiredforloanssecured by thePtopertyor If, the other
as a result, debtwould
become subjectto Secdon670 of the JohnWamer NationalDefense Authorltation
Act Year 2007.
for Rscal
B. SecurityInterest.To securethe payment and performance ofthe Secured Debts,I grantyoua security In aH of
Interest the Property
describedin this Agreement thatI own or have rights
sufficient inwMch to transfer now
an interest, or In the
futum, wherever
Security
the isor wm be and
located, aH proceeds and products from thePropertyfinchidng,but notlimitedto,aH parts,accessorles,
Property
Improvements, and accessionstothe Property).Property as security
Is au the coReteral given forthe SecuredDebts
repairs,
replacements,
and describedIn this Agreement, and inchides allobHgationsthat support thepayment or performance of the Property.
Security
"Proceeds' Includescash proceeds,non-cashproceeds and acquiredupon the sale, lease, exchange,
license, deposition
or other
anything
of the Property; and claims
any rights from
arising and any coHecdons
the Propertyl on account
and distributions ofthe Property.
Propertyalso inchides
any originalevidence
of title
or ownersNp whether evidencedby a certificate
ofdtleor ownersNp, a manufacturer's
statement of or other
origin document when the Propertyistitledunderany federalor statelaw. Iwm deRver the documents
title and
properlyexecute aft
dtledocuments as necessaryto reflect
yoursecurityinterest.
Agreement
This Security remains untR terminated
In effect In writing, the Secured
even it Debts chHgated
are pold and you are no tonger to
advance funds tome under anyloan orcreditagreement.
C. PropertyDescription. subject
The Property Agreement
to this Security Is descrbedas follows:
Motot Vehicle, Mobile Home, Sport Craft,or Traller.A Motot Vehicle of Make: GMC, Year: 2002, Model: SIERRA, VIN:
(1)
2GTEK197721136888.
D. DutiesToward Property.
of Secured
(1) Protection Party'slaterest.I wM defend against
the Property any otherclaim. I agreeto dowhatever you requireto
protectyour interest
and to your clelmIn thePropertyahead of theclelmsof othercredtors.IwM not doanything to
security keep
harm your posidon.
and Protecdonof the Ptoperty.I wM use the Property
only for personal,
famHy, or householdpurposes. I wM not
(2) Use,Location,
use the Property of any law.
In violation
the in possession at address. Iwm notify you Inwritingand obtain yourpriorwrletonconsent toany
I wm keep Property my my
ofthe Property. I wm Immedately Informyou of anyloss or damage tothe Property.I wm not cause or
change In location
of any
permit waste to the Property.
I wm notgranta security In, or otherwise
laterest encumber, without
any of the Property
UntilthisSecurityAgreement Is terminated,
priorwrittenconsent. I wm pay aH taxes and assessments leviedorassessed againstme orthe Propertyand providetimely
your
proof of paymentof thesetaxes and assessmentsupon request.
Motor Sport or TraHers. So long es I am notin defaultunder this Security
|3§ Addldonal Duties Specificto Vehicles, Craft,
the Motor Sport or TraUer portion
ofthe Propertywm not be restricted
Preview
FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 Cattaraugus Supreme Court County of Cattaraugus State of New York Community Bank, N.A. Index No Date Filed: Plaintiff(s) -vs- CONSUMER CREDIT TRANSACTION Jacob A Landroche SUMMONS Defendant(s) TO THE ABOVE Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with the summons, to serve a notice of appearance, on the Plaintiffs attorney(s) within twenty (20) days after the service of this summons, exclusive of the day of serving, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the state. 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. The defendant(s) resides in the County of Cattaraugus. The consumer credit transaction took place in Cattaraugus county. Cattaraugus County is designated as the place of trial based on: the consumer credit transaction took place in Cattaraugus the defendant residence, now or at the time of the tr saction. DATED: 06/15/22 Amanda C Shaw, Esq. Riehlman, Shafer & Shaw, LLC Attorneys for Plaintiff Post Office Box 544 Tully, NY 13159-0544 (315) 696-6347 THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 12 FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 Cattaraugus Supreme Court County of Cattaraugus State of New York Community Bank, N.A. Plaintiff(s) -vs- VERIFIED COMPLAINT Jacob A Landroche Defendant(s) Plaintiff(s) by the undersigned Attorney, alleges: 1. The Plaintiff is a National Banking Association, licensed to conduct business in New York, with a principal place of business at 45-49 Court Street, Canton, County of St. Lawrence, State of NY. 2. Upon information and belief at all times hereinafter mentioned, the Defendant(s) is/are an individual(s), with a residence at 180 West Branch Franklinville, NY 14737. 3. Plaintiff is the original creditor in a certain consumer credit transaction (close ended) that is the subject of the within action, as evidenced by a certain Promissory Note and Truth-In-Lending Disclosures signed defendant(s) on or about October 10, 2019. The last four digits of the account number by assigned to the subject credit transaction are 0544. A true copy of the subject Agreement is annexed hereto and made part hereof as Exhibit A. 4. Plaintiff advanced the sums described in said Agreement to or for the benefit of defendant(s), which defendant(s) agreed to repay to plaintiff, together with interest thereon, pursuant to the terms set forth therein. 5. The defendant(s) defaulted under the terms of the Agreement by failing to make payments to the plaintiff when due. Defendant(s) failed and neglected to make agreed-upon payments when due. Defendant(s) last voluntary payment remitted to plaintiff in the amount of $124.77 was received and credited by plaintiff on the subject account on May 6, 2021, thereby leaving an unpaid principal balance of $3,462.38. An Account record evidencing the last voluntary payment made is attached hereto as Exhibit B. defendant(s)' 6. By reason of the payment default as aforesaid, there is currently due and owing to the Plaintiff by the Defendant(s), the sum of $3,546.24 which includes unpaid principal of $3,462.38, plus accrued but unpaid interest from May 6, 2021 through July 16, 2021 in the sum of $58.86, accumulated late charges of $25.00, plus interest at the rate of 8.740% from July 16, 2021. 7. That although payment has been demanded of the Defendant(s) by the Plaintiff, such has been neglected and refused and/or denied. Defendants' 8. By reason of payment default as aforesaid, Plaintiff has been damaged in the total amount of $3,546.24, plus future interest on the principal balance at the contract rate of 8.740% from July 16, 2021. 2 of 12 FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 WHEREFORE, Plaintiff demands judgment against the Defendant(s), for the total amount claimed due herein together with reasonable attorneys fees, if provided by contract and allowed by law and the costs and disbursements of this action, and whatever additional relief the Court deems just, proper and equitable, less payments made. DATED: 06/15/22 Aman a C Shaw, sq. Riehlman, Shafer & Shaw, LLC Attorneys for Plaintiff Post Office Box 544 Tully, NY 13159-0544 (315) 696-6347 THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 12 FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 VERIFICATION STATE OF NEW YORK ) COUNTY OF ST. LAWRENCE) s.s.: Pamela S. Dent, being firstduly sworn, deposes and says: 1. Iam the Asst Collections Manager for Community Bank, N.A., the Plaintiff herein; 2. I have read the foregoing complaint and know the contents thereof; 3. The same is true to the knowledge of your Deponent, except as to matters therein alleged upon information and belief and, as to such matters, your Deponent believes itto be true; 4. The basis of your Deponent's knowledge is my familiarity with the practices and procedures of Community Bank, N.A. in relation to the creation and maintenance of business records of Community Bank, N.A. in the ordinary course of the bus ess of Community Bank, N.A. in particular relation to the matters described in the within compl t. Swom to before me this day of s , 20 Notary blic JESSICA SUE BURKE Notary State Public, of New York No. 01BU6425494 Qualified in St. LawrenceCounty Commission ExpiresNov. 22, 2025 4 of 12 FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 "A" EXHIBIT "A" EXHIBIT 5 of 12 FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 NUMBER LOAN NAME ACCT, NUMBER NOTE DATE INITIALS LOAN JACOB A LANDROCHE 1C/10/19 CVINCENT RATE MATURITY DATE LOAN PURPOSE NOTE AMOUNT INDEX (wlMargin) Not Applicable 8.740% 10/09/23 Consumer $5,040.00 CreditorUse Only AGREEMENT AND TRUTH-IN-LENDING DISCLOSURES PROMISSORY NOTE, SECURITY (Consumer - Closed End} The dateof this Agreement and Disclosures Truth"ln-Lending (Loan Agreement) is October DATE AND PARTIES. Pmmissory Note, Security 10, 2019. The parties addresses and their are: LENDER: COMMUNITY BANK, N.A. 201 N. Union Street Olean, NY 14760 Telephone: 1-800-388-4679 BORROWER: JACOB A LANDROCHE 180 WEST BRANCH FRANKLINVILLE, NY 14737 "I,""me," 'my" refertoeach Barrower this Loan Agreement, and individually togetherwiththeir successors heirs, The pronouns and signing person or legal guarantors, and endorsers, who sureties) agrees to pay thisLoan Agreement. and assigns,and each other entity(including Žou" Žour" successors or syndicators, participants and assigns,or anyperson or company thatacquiresan and referto theLeader, any Documents referto an thedocuments executed as apart oforin connectionwith theLoan. Propertymeans any in the interest Loan. Loan that secures performance ofthe obligationsof thisLoan Agreement. Rates and rate change property,real,personal orintangible, my are expressed limitations percentages. as annualized AH dollaramounts wiH be payable in lawful money of States the United of America. AMOUNT FINANCED TOTAL OF PAYMENTS ANNUAL PERCENTAGE RATE FINANCE CHARGE The amount provided of credit to The amount l will have paid The costof my credit as a amount The dollar the credit me or on my behalf. when I have made all scheduled rate. yearly will cost me, payments. $948.96 $5,040.00 $5,988.98 8.728% Payment Schedu1e. My payment schedulewillbe: Number of Payments Amount of Payments When Payments Are Due 48 $ 124.77 Monthly beginningNovember 9, 2019 The annualpercentage rate increaseduringthe termof thistransaction ifIfailto makea scheduledpayment according PrefettedRate. may Under rate the preferred feature,the annual percentage rate maynot increasemore than .250percentand debit to our automatic agreement. percent to make if I fail a scheduledpayment accordingto our automatic debitagreement. Any increasewHI have may only increase by .250 The amount payment of each scheduled increases If the rate win increase. by .250percent one month the foHowingeffecton the payments: after begins interest to accrue,thepayment amount wHilncreaseto $125.37. Security.I am giving interest a security in: Motor Vehicle(Non-Residence),2002 GMC SIERRA payment is morethan 30 days late, be charged I will 5.000 percentofthe Amount of Payment or $G.00,whicheveris less. Late Charge. It'a Prepayment. off If I pay early, not have I will to pay a penalty. Assumption. Someone the property securing cannot the obligation assume the remainderof on the original the obligation terms. buying contractdocuments for information additional about nonpayment, default, any requiredrepaymentin Contract Documents. I wiH see my any before full the scheduled date, and prepaymentrefunds and penalties. I promise For value received, to pay you or your order sum of 45.040.00 the principal plus interest (Principal) atthe rate 1. PROMISE TO PAY. October Principal on the unpaid balanceuntilthis Loan Agreementmaturesor thisobligation is of 8.740 percent Rate) from (Interest 10, 2019 accelerated. or interest win accrue on theunpaid Principal balanceof thisLoan Agreement at from Rate in effect the Interest Aftermaturity acceleration, until paid infun. amount assessedor coHected under as interest the terms ofthisLoan Agreement be Hmited will tothe time totime, Any maximum lawful amount of aHowed interest appHeade law. Amounts in collected excessof the maximum lawfulamount wiH be applied by to the unpaidPrincipal balance. remainder to me. win be refunded accrues Interest using an Actual/Actual days countingmethod. first Any JACOB A LANDROCHE New York Promissory Noto, Security Agreement and Truth-In-Lending Disclosures NY/4CVINCENT0044t70000t895023totot9N 20t9Bankers Systems' Walters Kluwer financrel Services "t996, Page t 6 of 12 FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 The InterestRate Isa PreferredRate reflectinga ascount equef to.260 percent. This PreferredRateis offeredIn consideradonof my agreement that scheduled eH regularly payments wm be paid by outomado de+t. IfI fail to providethisconsideration,unlessotherwise requiredby law,the Interest Ratewill,withoutnotice, automadcally Increase. IfI fanforany reason to make a scheduledpayment pursuant to theautomaticdeSt arrangement when due,the laterest Rate wM Increase .260 percent. A change wm be effecdve immediatelyafterthe dateI fan to meet the conditions of my arrangements withyou. Such an increasewm remain for In effect the remainderofthe term of this Loan Agreement. The InterestRate may change duringtheterm of transaction. this Each dateon which the interest Rate may change Is caHed a Change Date. Rate may The Interest change, afterBarrowerfans to makea scheduledpayment accordng to the automatic de+t agreement. On each Change Date you wHI calculate the Interest Rate, which wM be the Rate,plus.260 percentIf I fall to make timelypayments under thisLoan Agreement puravant to theautomade dedt arrangement. A change Inthe Interest Rate winhave thefoHowing effecton the payments: The amount of scheduledpayments wm change. 2. REMEDIAL CHARGES. In addition or other to laterest Snance charges,I agreethatI wmpay these addtionalfeesbased on my method and patternof payment. Addtlanalremedal chargesmay be described elsewhereIn this Loan Agreement. A.Late Charge. Is more If a payment than I wm be charged 10 days late, 5.OOO percentof the Amount of Paymentor OG.OO, whicheveris less. I wm payt+s latechargepromptly butonly onceforeachlate payment. B. Retumed Payment Charge. I agree to a fee not toexceed $20.00 for each check, electronic payment, negotlade order of pay withd awalor draftI tssue he connection with the LoanthatIs retumedbecause it has been dshonored. 3. PAYMENT. I agreeto paythisLoan Agreement In h8payments. A payment of O124.77 wm be due November 9, 20t9, and on the 9th ofeach month thereafter.A Snalpayment of theentireunpaidbalanceof Pdncipal wHI be due October and Interest 9, 2023. day Payments wm be rounded to thenearest 4.Ot. Mth thefinalpayment I also agree to pay any addtionalfeesof chargesowing and the up amount of advances you have made to otherson behalf.Payments scheduled tobe paid onthe 29th,30th or 3tst dayof amonth any my thatcontainsno such day be made wHI,1nstead, day of such on the last month. I make on t+sLoan Agreement Interest wM be appHed flest to that then is due, to prInc pal thatis die,then charges to late that Each payment are due,and SnaHy to credtInsurancepremiums thatare due.No latecharge wlH be assessedon any payment when the ordy deHnquencyis due to latefeesassessed on earnerpayments and the payment Is otherwisea fun payment. You may change how payments are applied In without your sole decretion noticeto me. The actualamount of my Snel payment wm depend on my payment record. I may prepaythisLoan Agreement at any time. In fuH or In part Any partial prepayment wM not excuse scheduled any later 4. PREPAYMENT. payments untill pay in Mt. S. LOAN PURPOSE. The purposeof this Loan Is Auto Purchase. ARBITRATDN PROVISION - IMPORTANT - AFFECTS YOUR LEGAL RIGHTS 6. ADDITIONAL TERMS. EITHER YOU OR I MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED IWILL GIVE UP MY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM I MAY HAVE INSTRUCTED YOU INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOUDATDN OF ARBITRATIONS. DISCOVERY AND MGHTS TO APPEAL IN ARBITRATDN ARE GENNERALLY MORE UMITED THAN IN A INDIVIDUAL AND OTHER RIGHTS THAT YOU AND I WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You or I may subrnit LAWSUIT, claim or othermatter In questionbetween or among you and me thatarisesout of or relates to this to bindng arStradon any depute, except asotherwise Indcated inthissectionor as you and I agreetoIn writing.For purposes ofthissection,this Transaction IDIspute), InchidesthisNote and the otherLoan Documents, and proposed loansor extensionsofcredt thatrelatetothisNote. You and I Transaction toar+trate Dispute a debtsecured by real estate at thetimeof the proposedarbltradon. provides If federallow must consent any concerning Is not subjectto Includng relative to borrowers coveredunder the Mmter y Lendng Act, this that a claimor depute +ndng ar+tration, shall not to suchclaim You may or dispute. or exercise foreclose any powersof sale against real property securinga provision Arbitratlan apply Disputebefore, orafter You arbitration. may alsoenforcea debtsecured by t+srealpropertyand underlyhag debt undarJIng any bring any Dispute or after You ar+tratton. or I may, whether or notany arStrationhasbegun, pursue any or simUer self-help the before,during any or exercisingotherrightsunderthe lawlseek attachment,gamishment, or other receivership, provisional remedes, Includngtakingproperty a court jurisdctionto preservethe rightsofor toprevent lirepara+el {uryto you orme; or forechse againstany remedies trom having method ortake legalectiontorecover property.Foreclosingorexercisinga power ofsafe,beginningand condnuing a propertyby any any an action to a balance or forIndvIdualInfunctive reHef or pursuingself-helpremedes wm not judoral acdon, lmng recovery deficiency the tocompel ardtration.The ardtratorwlH determinewhether a Dispute Is arStra+e.A arbitrator single wm constitutea waiver of right resolve Disputeon an Indvidual whether based on connect, tort,or any othermatter oflaw orin equity. Any court having any basis, Jurisdotion entera fudgment award. on the arbitrator or decree The fudgmentor decree as any other fudgment win be enforced or decree. may transactionsor the relatlans+ps whichresultfrom the agreementsor transactions between and You and I acknowledgethatthe agreements, me invahre commerce. Interstate The UnitedStates Ar+trationAct wm govem the and laterpretation enforcement ofthis among you and Ardtradon Association ArStrationRules, In effect at thetime,WM govem of the selection and the the ardtrator section.The American (AAA) unless otherwiseagreed toIn thisNote or anotherwilting.You may get a copy ofthe Rules bycontactlngthe AAA or ardtrationprocess, Itswebsite. The arStrator shallbe an attomey judge or retired and shall be selectedperappHeaMo rules. The arSouter shaU apply visiting substantivelawand statute the epplicable WAlVER of Hmitations. OF CLASS ACTDN AND TRIAL. ANY CLAIM OR DISPUTE IS TO goveming BY A SINGLE ARBITRATOR ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION. I EXPRESSLY WAlVER ANY RIGHT BE ARBITRATED I MAY HAVE TO ARBITRATE A CLASS ACTION. YOU AND I UNDERSTAND THAT THE PARTIES HAVE THE RIGHT OR OPPORTUNITY TO LITIGATE ANY DISPUTE THROUGH A TRIAL BY JUDGE OR JURY, BUT THAT THE PARTIES PREFER TO RESOLVE DISPUTES THROUGH INSTEAD OF LITIGAT.N. IF ANY DISPUTE IS ARBITRATED, YOU AND I WILLVOLUNTARILY AND KNOWINGLY WAlVE THE ARBITRAT.N RIGHT TO HAVE A TRIAL BY JURY OR JUDGE DURING THE ARBITRATION. 7.SEOURITY. The Loan is secured by PropertydescribedIn the SECURITY AGREEMENT sectionof t+sLoan Agreement. 8. SECURITY AGREEMENT. JACOB A LANDROCNE Nata, Security Agroomont and Truth-tn-Lending Dinotamuram New York Praraimmary Ny/4CVINCENTD004170000189602310tO19N 2019 Bankers Systems* Wblters Khmer ananclat Services -t996. Page2 7 of 12 FILED: CATTARAUGUS COUNTY CLERK 06/21/2022 04:43 PM INDEX NO. 91438 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/21/2022 A. Secuted Debte. This SecurityAgreement wiH secure the followingdebts ISecuredDebts), togetherwith allextensions, renewels, modñcations refinancings, and replacements ofthesedebts: . (1) Sums Advanced under the termsof thisLoan Agreement. Allsums achranced and expensesincurredby you under theterms of this Loan Agreement. (2)AD Debts. AD present and futuredebts of aH Borrowers owing toyou, even Ifthis SecurityAgreement is not speciScaUy referenced,the futuredebtsare alsosecuredby other or If coHateral, the futum debtis unrelated a dfferent to or of type thenthis debt. If morethan one personsignsthisSecurityAgreement, each agreesthatitwm secure debtsincurredeitherImovldwaHy or wkh otherswho not signtNs Agreement. this Nothing.In SecurityAgreement constitutesa commitment to make addtIonal may Security or future loans or advances.Any such commitment must be'Inwriting. This SecurityAgreement wN not secure any debtfor wMch a non-possessory,non-purchasemoney security la created Interest in goods" loan,"as thoseterms are defined federallaw unfalfand decepdve "household In connectionwitha "consumer by goveming creditpractices.In addtlon,thisSecurityAgreement wlR not secureany otherdebt if,withrespectto such otherdebt, you faH to fuHM any requirements to or fall conform toany Hmitationsof theTruth Act in Lending IReguladon Z) orthe Real Estate necessary Settlement ProcedbresAct IRegulation XI thatare requiredforloanssecured by thePtopertyor If, the other as a result, debtwould become subjectto Secdon670 of the JohnWamer NationalDefense Authorltation Act Year 2007. for Rscal B. SecurityInterest.To securethe payment and performance ofthe Secured Debts,I grantyoua security In aH of Interest the Property describedin this Agreement thatI own or have rights sufficient inwMch to transfer now an interest, or In the futum, wherever Security the isor wm be and located, aH proceeds and products from thePropertyfinchidng,but notlimitedto,aH parts,accessorles, Property Improvements, and accessionstothe Property).Property as security Is au the coReteral given forthe SecuredDebts repairs, replacements, and describedIn this Agreement, and inchides allobHgationsthat support thepayment or performance of the Property. Security "Proceeds' Includescash proceeds,non-cashproceeds and acquiredupon the sale, lease, exchange, license, deposition or other anything of the Property; and claims any rights from arising and any coHecdons the Propertyl on account and distributions ofthe Property. Propertyalso inchides any originalevidence of title or ownersNp whether evidencedby a certificate ofdtleor ownersNp, a manufacturer's statement of or other origin document when the Propertyistitledunderany federalor statelaw. Iwm deRver the documents title and properlyexecute aft dtledocuments as necessaryto reflect yoursecurityinterest. Agreement This Security remains untR terminated In effect In writing, the Secured even it Debts chHgated are pold and you are no tonger to advance funds tome under anyloan orcreditagreement. C. PropertyDescription. subject The Property Agreement to this Security Is descrbedas follows: Motot Vehicle, Mobile Home, Sport Craft,or Traller.A Motot Vehicle of Make: GMC, Year: 2002, Model: SIERRA, VIN: (1) 2GTEK197721136888. D. DutiesToward Property. of Secured (1) Protection Party'slaterest.I wM defend against the Property any otherclaim. I agreeto dowhatever you requireto protectyour interest and to your clelmIn thePropertyahead of theclelmsof othercredtors.IwM not doanything to security keep harm your posidon. and Protecdonof the Ptoperty.I wM use the Property only for personal, famHy, or householdpurposes. I wM not (2) Use,Location, use the Property of any law. In violation the in possession at address. Iwm notify you Inwritingand obtain yourpriorwrletonconsent toany I wm keep Property my my ofthe Property. I wm Immedately Informyou of anyloss or damage tothe Property.I wm not cause or change In location of any permit waste to the Property. I wm notgranta security In, or otherwise laterest encumber, without any of the Property UntilthisSecurityAgreement Is terminated, priorwrittenconsent. I wm pay aH taxes and assessments leviedorassessed againstme orthe Propertyand providetimely your proof of paymentof thesetaxes and assessmentsupon request. Motor Sport or TraHers. So long es I am notin defaultunder this Security |3§ Addldonal Duties Specificto Vehicles, Craft, the Motor Sport or TraUer portion ofthe Propertywm not be restricted