Preview
FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHENANGO
LCS CAPITAL, LLC
6782 South Potomac Street
INDEX NO.:
Centennial CO 80112 DATE PURCHASED:
Plaintiff, SUMMONS
-vs-
Plaintiff(s) designate(s)
Chenango County
CHRISTIANA J. RAYMOND & LISA M. RAYMOND as the place of trial.
3 Locust Street 3 Locust Street
Afton, New York 13730 Afton, New York 13730
The basis of venue is:
DEFENDANTS'
LOCATION
Defendants.
To the above-named Defendants:
YOU ARE HEREBY SUMMONED and required to appear in the Supreme Court of the County
of Chenango located at 5 Court Street, City of Norwich, State of New York, by serving an answer to the
annexed Verified Complaint upon Plaintiff's attorney(s) at the address stated below, or if there is no
attorney, upon the Plaintiff at the address stated above, within the ti provided by law as noted below.
Upon your failure to so answer, judgment will be taken g nst u for the relief demanded in the
complaint, together with the costs and disbursements s etion.
Dated: July 11, 2022
O seph M. Shur, Esq.
Shelly L. Baldwin, Esq.
Relin, Goldstein & Crane, LLP
Attorney(s) for Plaintiff
Office and Post Office Address:
28 East Main Street, Suite 1800
Rochester, New York 14614
NOTE: The law provides that: 325-6202
(585)
1) If this summons is served by its delivery to you personally within the County of Chenango,
you must answer within twenty (20) days after such service; or
2) If this summons is served by delivery to any person other than you personally, or is served
outside the County of Chenango, or by publication, or by any means other than personal
delivery to you within the County of Chenango, you are allowed thirty (30) days after service
is complete within which to answer.
*
You need not physically go to the court to serve an answer.
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR, ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1 of 4
FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF CHENANGO
LCS CAPITAL, LLC
6782 South Potomac Street
Centennial CO 80112
Plaintiff,
-vs- VERIFIED COMPLAINT
CHRISTIANA J. RAYMOND & LISA M. RAYMOND
3 Locust Street 3 Locust Street
Afton, NewYork 13730 Afton, New York 13730
Defendants.
THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Plaintiff, for its complaint against the defendants herein, alleges as follows:
FIRST: Plaintiff is a limited liability company, having a place of business in the County of Arapahoe,
State of Colorado.
SECOND: Upon information and belief, the Defendant, Christiana Raymond, is a resident of the
County of Chenango, State of New York.
THIRD: Upon information and belief, the Defendant, Lisa Raymond, is a resident of the County of
Chenango, State of New York.
AS AND FOR A FIRST CAUSE OF ACTION:
FOURTH: On or about July 31, 2014, the Defendants obtained a student loan through Sallie Mae
Bank. A copy of the application and disclosure forms are annexed hereto marked Exhibit "A".
FIFTH: That Sallie Mae Bank, the original creditor, sold/transferred the student loan with account
number ending in ************5273 to LCS CAPITAL, LLC on October 15, 2020. A copy of the Bill of
Sale and Assignment is annexed hereto as Exhibit "B".
SIXTH: That within three years last past, the Defendants herein have breached the terms of the
Contract, and Plaintiff has been damaged in the amount of $27,707.67 which represents:
" principal balance of $26,797.74,
" fees in the amount of $32.64 and
" interest at the rate of 10.125% through September 30, 2020 in the amount of $877.29,
2 of 4
FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022
SEVENTH: That the Plaintiff has complied with all conditions precedent to the aforesaid Contract.
EIGHTH: Defendants breached the Agreement by failing to pay as agreed. The last payment received
from Defendants was on September 11, 2020 in the amount of $100.00.
AS AND FOR A SECOND CAUSE OF ACTION:
"FIRST" "EIGHTH"
NINTH: The Plaintiff repeats and re-alleges paragraph through of this complaint, as
though fully hereinafter set forth.
Defendants'
TENTH: After crediting account with post charge-off payments and/or credits, if any, there
was a balance due and owing of $27,807.67, an accounting of which is shown on the charge-off statement
(final statement of account) Plaintiff provided Defendants on October 9, 2020. That attached hereto is a true
copy of said charge-off statement, marked Exhibit "C".
ELEVENTH: On or about May 1, 2021, Defendants were issued a fee adjustment in the amount of
$100.00.
TWELFTH: The Defendants retained such statements of account without objection.
WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $27,707.67, together with
the costs and disbursements of this action.
Date: July 11, 2022
O seph M. Shur, Esq.
Shelly L. Baldwin, Esq.
Relin, Goldstein & Crane, LLP
Attorney(s) for Plaintiff
Office and Post Office Address:
28 East Main Street, Suite 1800
Rochester, New York 14614
(585) 325-6202
3 of 4
FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022
ATTORNEY'S VERIFICATION BY AFFIRMATION
STATE OF NEW YORK
COUNTY OF MONROE) SS:
I,the undersigned, am an attorney admitted to practice in the courts of the State of New York and that: I am
the attorney of record, or of counsel with the attorney(s) of record for the Plaintiff.
I have read the annexed Complaint and know the contents thereof and the same are true to my
knowledge, except those matters therein which are stated to be alleged on information and belief, and as to
those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is
based upon the following: correspondence, memoranda and statements of account in deponent's possession.
The reason I make this affirmation instead of Plaintiff is because an officer of Plaintiff is not within the
County of Monroe and deponent is one of the attorneys for said corporation.
I affirm that the foregoing statements are true under pen es of p ury.
Date: July 11, 2022
oseph M. Shur, Esq.
Shelly L. Baldwin, Esq.
Relin, Goldstein & Crane, LLP
Attorney(s) for Plaintiff
Office and Post Office Address:
28 East Main Street, Suite 1800
Rochester, New York 14614
(585) 325-6202
21-00760
4 of 4
Preview
FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022 CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF CHENANGO LCS CAPITAL, LLC 6782 South Potomac Street INDEX NO.: Centennial CO 80112 DATE PURCHASED: Plaintiff, SUMMONS -vs- Plaintiff(s) designate(s) Chenango County CHRISTIANA J. RAYMOND & LISA M. RAYMOND as the place of trial. 3 Locust Street 3 Locust Street Afton, New York 13730 Afton, New York 13730 The basis of venue is: DEFENDANTS' LOCATION Defendants. To the above-named Defendants: YOU ARE HEREBY SUMMONED and required to appear in the Supreme Court of the County of Chenango located at 5 Court Street, City of Norwich, State of New York, by serving an answer to the annexed Verified Complaint upon Plaintiff's attorney(s) at the address stated below, or if there is no attorney, upon the Plaintiff at the address stated above, within the ti provided by law as noted below. Upon your failure to so answer, judgment will be taken g nst u for the relief demanded in the complaint, together with the costs and disbursements s etion. Dated: July 11, 2022 O seph M. Shur, Esq. Shelly L. Baldwin, Esq. Relin, Goldstein & Crane, LLP Attorney(s) for Plaintiff Office and Post Office Address: 28 East Main Street, Suite 1800 Rochester, New York 14614 NOTE: The law provides that: 325-6202 (585) 1) If this summons is served by its delivery to you personally within the County of Chenango, you must answer within twenty (20) days after such service; or 2) If this summons is served by delivery to any person other than you personally, or is served outside the County of Chenango, or by publication, or by any means other than personal delivery to you within the County of Chenango, you are allowed thirty (30) days after service is complete within which to answer. * You need not physically go to the court to serve an answer. THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 4 FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF CHENANGO LCS CAPITAL, LLC 6782 South Potomac Street Centennial CO 80112 Plaintiff, -vs- VERIFIED COMPLAINT CHRISTIANA J. RAYMOND & LISA M. RAYMOND 3 Locust Street 3 Locust Street Afton, NewYork 13730 Afton, New York 13730 Defendants. THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Plaintiff, for its complaint against the defendants herein, alleges as follows: FIRST: Plaintiff is a limited liability company, having a place of business in the County of Arapahoe, State of Colorado. SECOND: Upon information and belief, the Defendant, Christiana Raymond, is a resident of the County of Chenango, State of New York. THIRD: Upon information and belief, the Defendant, Lisa Raymond, is a resident of the County of Chenango, State of New York. AS AND FOR A FIRST CAUSE OF ACTION: FOURTH: On or about July 31, 2014, the Defendants obtained a student loan through Sallie Mae Bank. A copy of the application and disclosure forms are annexed hereto marked Exhibit "A". FIFTH: That Sallie Mae Bank, the original creditor, sold/transferred the student loan with account number ending in ************5273 to LCS CAPITAL, LLC on October 15, 2020. A copy of the Bill of Sale and Assignment is annexed hereto as Exhibit "B". SIXTH: That within three years last past, the Defendants herein have breached the terms of the Contract, and Plaintiff has been damaged in the amount of $27,707.67 which represents: " principal balance of $26,797.74, " fees in the amount of $32.64 and " interest at the rate of 10.125% through September 30, 2020 in the amount of $877.29, 2 of 4 FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022 SEVENTH: That the Plaintiff has complied with all conditions precedent to the aforesaid Contract. EIGHTH: Defendants breached the Agreement by failing to pay as agreed. The last payment received from Defendants was on September 11, 2020 in the amount of $100.00. AS AND FOR A SECOND CAUSE OF ACTION: "FIRST" "EIGHTH" NINTH: The Plaintiff repeats and re-alleges paragraph through of this complaint, as though fully hereinafter set forth. Defendants' TENTH: After crediting account with post charge-off payments and/or credits, if any, there was a balance due and owing of $27,807.67, an accounting of which is shown on the charge-off statement (final statement of account) Plaintiff provided Defendants on October 9, 2020. That attached hereto is a true copy of said charge-off statement, marked Exhibit "C". ELEVENTH: On or about May 1, 2021, Defendants were issued a fee adjustment in the amount of $100.00. TWELFTH: The Defendants retained such statements of account without objection. WHEREFORE, Plaintiff demands judgment against the Defendants in the sum of $27,707.67, together with the costs and disbursements of this action. Date: July 11, 2022 O seph M. Shur, Esq. Shelly L. Baldwin, Esq. Relin, Goldstein & Crane, LLP Attorney(s) for Plaintiff Office and Post Office Address: 28 East Main Street, Suite 1800 Rochester, New York 14614 (585) 325-6202 3 of 4 FILED: CHENANGO COUNTY CLERK 07/14/2022 11:14 AM INDEX NO. 2022-00005300 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/14/2022 ATTORNEY'S VERIFICATION BY AFFIRMATION STATE OF NEW YORK COUNTY OF MONROE) SS: I,the undersigned, am an attorney admitted to practice in the courts of the State of New York and that: I am the attorney of record, or of counsel with the attorney(s) of record for the Plaintiff. I have read the annexed Complaint and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: correspondence, memoranda and statements of account in deponent's possession. The reason I make this affirmation instead of Plaintiff is because an officer of Plaintiff is not within the County of Monroe and deponent is one of the attorneys for said corporation. I affirm that the foregoing statements are true under pen es of p ury. Date: July 11, 2022 oseph M. Shur, Esq. Shelly L. Baldwin, Esq. Relin, Goldstein & Crane, LLP Attorney(s) for Plaintiff Office and Post Office Address: 28 East Main Street, Suite 1800 Rochester, New York 14614 (585) 325-6202 21-00760 4 of 4