Preview
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
COMMERCIAL TRANSACTION XX CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
COMMUNITY RESOURCE FEDERAL CREDIT UNION,
20 Wade Road
Latham, New York 12110
SUMMONS
Plaintiff(s),
-against- INDEX NO.:
Date Purchased: / 2 2
File No.: 22-o0537
BRANDON M. DOMINY,
4th street
94
Waterford, New York 12188
Defendant(s).
To the above-named Defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to
the complaint in this action 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. In case of your failure to answer, judgment will be taken against you by default for the relief
demanded in the complaint.
The basis of venue designated is:
XX The residence of a party.
XX Defendant resides within the County of Saratoga
The transaction arising in the County of
Dated: Albany, New York
August 31, 2022
MAGGUILLI LAW FIRM, PLLC
By:
Lawrence P. uilli
Attorney for P aintiff
14 Corporate Woods Boulevard
Albany, New York 12211
Phone: (518) 465-7591
THIS AN ATTEMPT
IS TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THIS CORRESPONDENCE IS FROM A DEBT COLLECTOR.
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF SARATOGA
______________________________________________________________________________
COMMUNITY RESOURCE FEDERAL CREDIT Index No.: f 2D b
UNION,
Date Purchased: 2
Plaintiff,
-against- VERIFIED
COMPLAINT
BRANDON M. DOMINY,
Defendant.
____________________________________________________________
Plaintiff Community Resource Federal Credit Union, by and through its attorneys,
Magguilli Law Firm, PLLC, sets forth the following as and for its Verified Complaint against the
Defendant:
1. At all times relevant herein, Plaintiff Community Resource Federal Credit Union
(hereinafter "Plaintiff") was and remains a not-for-profit financial cooperative with its principal
place of business located at 20 Wade Road, Latham, New York 12110.
2. Plaintiff is the original creditor.
3. Upon information and belief, at all times relevant herein, Defendant Brandon M.
Dominy (hereinafter "Defendant") was and is a natural person with a principal residence located
4th
at 94 Street, Waterford, New York 12188.
4. An itemization of the account as of November 24, 2021 is as follows:
a. Principal:........................................................................................$3,491.46
b. Finance Charges: ..................................................................................$0.00
c. Fees Imposed by the Original Creditor:..............................................$72.50
d. Collection Costs:...................................................................................$0.00
e. Attorney's Fees:.............................................................................$1,047.40
f. Interest: .............................................................................................$129.29
g. Other Fees and Charges:.......................................................................$0.00
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT
(Breach of Contract)
4. Plaintiff repeats and realleges all prior allegations.
5. On or about June 5, 2020, Defendant entered into a loan and security agreement,
with the Plaintiff (the "Agreement"). A copy of said Agreement is attached hereto and marked
"A."
Exhibit
6. The last four digits of the account number are 7953.
7. The Agreement was signed by said Defendant.
8. Pursuant to the Agreement, Plaintiff loaned and advanced Defendant the sum of
$5,060.00.
9. Defendant agreed to repay the money loaned and advanced, with interest at the rate
of 13.95% per annum.
10. Plaintiff fully performed its part of the Agreement with Defendant.
11. Defendant made periodic payments on the said account, with the last payment being
made on 08/17/2021 in the amount of $84.00.
12. Defendant failed to make timely payments on the outstanding balance, and due to
Defendant's failure defaulted on the Agreement.
13. Defendant's outstanding amount as of November 24, 2021 was $3,693.25, plus
interest at the rate of 13.95% per annum.
14. The account balance printed on the most recent monthly statement recording a
purchase transaction, last payment, or balance transfer is $3,491.46.
15. Despite written demands Defendant has failed, refused, or neglected to make full
payment of the remaining balance due and owing in connection with the account.
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
16. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of
$3,693.25, plus interest at the rate of 13.95% per annum from November 24, 2021.
AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT
(Attorney's Fees)
17. Plaintiff repeats and realleges all prior allegations.
18. Pursuant to the loan and security agreement, Defendant agreed to pay all costs of
collecting the amount owed under the agreement, including court costs and reasonable attorney's
fees.
19. Plaintiff will incur attorney's fees in the amount of $1,047.40 in the collection of
the sums due it by Defendant, together with the costs and disbursements incurred in connection
with this action.
20. By reason of the foregoing, Plaintiff has been damaged in the amount of $1,047.40,
together with its costs and disbursements herein.
AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT
(Account Stated)
21. Plaintiff repeats and realleges all prior allegations.
22. Periodic account statements setting forth charges and amounts due on the amount
were transmitted to Defendant.
23. The final statement of account was provided to the defendant on 12/31/2021.
24. Defendant received and retained said periodic account statements for an
unreasonable period of time without protest or objection.
25. Defendant has failed, refused, or neglected to make full payment of the balance due
and owing in connection with the account as represented on the account statements.
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
26. Pursuant to the account statements sent to Defendant, said Defendant is indebted to
the Plaintiff in the amount of $3,693.25, plus interest at the rate of 13.95% per annum from
November 24, 2021.
WHEREFORE, Plaintiff Dannemora Federal Credit Union demands that Judgment be
entered herein against the named Defendants as follows:
a) On the first cause of action, against Defendant in the amount of $3,693.25,
together with interest, costs, and disbursements;
b) On the second cause of action, against Defendant in the amount of
$1,047.40, together with interest, costs and disbursements;
c) On the third cause of action, against Defendant in the amount of $3,693.25,
together with interest, costs, and disbursements.
Dated: Albany, New York
August 18, 2022
MAGGUILLI LAW FIRM, PLLC
By:
Lawrence P. M illi
Attorneys for P intiff
14 Corporate Woods Boulevard
Albany, New York 12211
Phone: (518) 765-7591
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
20WodeRd.
Latham,NY 12110
518J81220
631BicomingroveDL
(gggggg N.Greenbush NY12144
618.283.220
. e e n to ee:sas.7s3221 Loan and Agreements
Secunty
""'°**"0"v"°"°"®*
and Disclosure Statement
O Covered Borrower Under Military Landing Act
FIXEDRATE ¤ STEPRATE LOANDATE AcCOUNTNUMBER LOANNUMBER MATURITY
DATE
ABLERATE .. __ _ . . . 06/05/2020 06/09/2023
808ROWEA 1 (Name & Address) BORROWER 2 (Name & Address)
BRANDON M DOMINY
94 4TH STREET
WATERFORD, NY 12188
BORROWER 3 (Name & Address} BORROWER 4 (Name & Address)
(e'
TRUTH IN LENDING means an estimate)
DISCLOSURE
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed
Total of Payments Total Sale Price
Thecostof Yourcreditasa yearlyrate. Thedollaramountthe credit Theamountof credit
TheamountYouwill have Thetotalcostof Yourpurchaseon creditis
wi!lcostYou providedto Youor on
paidafterYouhavemaae $
Yourbehalt
allpaymentsas scheduled, whch includesvour downpayment of
13.9500 % $ 1,171,62 e $ 5,060,00
$ 6,520.14 e $
Your Payment Schedule Will Be: Prepayment: If You pay off early You will not have to
Number of Payments Amount of Payments When Payments Are Due pay a penalty.
. Required Deposit: The Annual Percentage Rate does
77 $ 84.00 Bi-Weekly Begmning 06/26/20 not take into account Your required deposit, if any.
Demand: ¡ This obligation has a demand feature.
1 $ 52.14 Final Payment 06/09/23 ¡ All disclosures are based on an assumed
maturity of one year.
Property insurance: You ma obtain property insurance from an one You want
that is acceptable to the Cre it Union. If You get the insurance rom the Credit Filing
Fees Non-Filing Insurance
Union You will pay $
Late Charge:
The courtesyperiodandfeeamountassociatedwithlate paymentswill vary basedon the requiredmln!mumperiodicpaymentfrequencyin effectat thetimeofthetatepaymentFor
WeeklyPayments,if yourpaymentis four (4) or moredayslateyouwill be charged$6.25Fu Bi-WeeklyPayments,|f yourpaymentis seven(7) or moredayslateyouw) be
charged$12.50For MonthlyPayments,if yourpaymentis ten (10)or moredayslateyou will becharged52S.00PorSemi-MonthlyPayments.if yourpaymentis seven(7) or more
dayslateyouwillbecharged$12.60
Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in
Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the P roperty described below:
Collateral Property/Model/Make Year I.D. Number Type Value Key Number
Other (D#sedb
Pledge of3hares $ in Account NA $ in Account No. .
Variable Rate:
-See Your contract documents for any addldonal information shout nonpayment, default, and any required repayment in fult before
the scheduled date.
0CUNA 2000.01.02.03.04.
1999,
MutualGroup 06.08,20 6.18
Resewed
AllRights Paged of $ N2X0thE
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
CreditUnion COMMUNITY RESOURCE FEDERAL CREDIT UNION AcetNo
ITEMEATI F THM14OUSMINA e egas a$estimes
Item4ation of Amount Financed of Amount Given to You D recGy ount PA on Your Account Prepaid Finance Charge
$ S.060.00 $2,504.38 $2.555.62 $
Arnounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) We will be retaining a portion of the amount.)
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
MILITARY LENdif(G ACT Ol$ALASERiiiS
Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of
consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not
exceed an annual percentage rate of 36 percent. This rate must Include, as applicable to the credit transaction or account: The
costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any
application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation
fee charged (other than certain participation fees for a credit card account).
Please call Us st 1 (888) 783-2201 to receive oral disclosures of the Military Lending Act disclosure above and a description of the
payment obligation.
Borrower"
A "Covered for purposes of this loan means a consumer who, at the tirne the consumer becomes obligated on this
loan, is a covered member or a dependent of a covered member as defined by the Military Lending Act. A Covered Borrower
does not mean a consumer who (though a Covered Borrower at the time he or she became obligated on this transaction) no
longer is a covered member or a dependent of a covered member as defined by the Military Lending Act.
LOAMGMEEMENT
"Our" "Us"
In this Loan Agreernent ("Agreement") all references to "Credit Union", "We", or mean the Credit Union whose name
"You" "Your"
appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to or mean
each person who signs, or otherwise authenticates, this Agreement as a bormwer.
1. PROMISE TO PAY - You promise to pay $ 5,060,00 to the Credit Union plus interest on the unpaid balance until what You
owe has been repaid.
For fixed rate loans, the interest rate is 13.9500 % per year.
For stop-rate loans, the initial interest rate will be % until and then the interest rate will be %
until the balance is repaid in full.
For variable rate loans, the initial interest rate is % per year and will vary as follows:
Colle6tion Costs
You agree to pgy all costs of collectiIg the Amount You owe under this AgWehment, thcluding court costs and reasonable attomey fees.
2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in If this is
Lending Disclosure.
a variable rate loan, the Promise to Pay section tells You whether, if the interest rate increases, You will have to make more
ayments, higher payments, or if the final payment will be a balloon eyment. You ma repay any amount without penalty. if
ou prepay any part of what You owe, You are still required to make t e regularly sche u ed payments, unless We have agreed
to a change in the payment schedule. Because this is a simple interest loan, if You do not make payments exactly as scheduled,
Your final pa ment may be more or less than the amount of the final payment that is disclosed. if You elect voluntary payment
protection, e will either include the premium or program fee(8 in Your payments or extend the term of Your loan. If the term is
extended, You will be required to make additional payments o the scheduled amount, until what You owe has been paid. You
promise to make all payments to the place We choose. If this loan refinances another loan You have with Us, the other loan will
be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts
owed in the manner We choose.
3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to You, interest on this loan begins on the date the loan
proceeds are mailed to You.
4. SECURITY FOR LOAN - This Agreement "Security"
is secured by all property described in the section of the Truth in Lending
Disclosure. Property securing other loans You have with Us also secures this loan, unless the property is a dwelling or otherwise
Page 2 of 5 mxoig
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
cWit Union COMMUNITY RESOURCE FEDERAL CREDIT UNION AcetNa LoanNo.
prohibited by federal and/or state law. in addition to Your pledge of shares, We may also have what is known as a statutory lien
on all individual and joint accounts You have with Us. A statutory lien means We have the right under federal and/or state law to
claim an interest in Your accounts. Unless otherwise prohibited by federal and/or state law, We can enforce a statutory lien
against Your shares and dividends and, if any, interest and deposits, in all individual and joint accounts You have with Us to
satisfy any outstanding financial obligation that is due and payable to Us. We may exercise Our right to enforce this lien without
further notice to You, to the extent pem1itted by law. For all borrowers: You pledge as security for this loan all shares and
dividends and, if any, all deposits and interest in all joint and iridividual accounts You have with the Credit Union now and in the
future. The statutory lien and/or Your pledge will allow Us to apply the funds in Your account(s) to what You owe when
"Security"
You are In default. if a dollar amount and account number are listed in the section of the Truth in Lending Disclosure,
You may not withdraw the amount that has been specifically pledged to secure this loan until the Credit Union agrees to release
all or part of the pledged amount. The statutory lien and Your pledge do not apply to any Individual Retirement Account or any
other account that would lose special tax treatment under state or federal law if given as security.
5. DEFAULT - You will be in default under this Agreement if You do not make a payment of the amount required on or before the
date it is due. You will be in default if You break any promise You made In connection with this loan or if anyone is in default
under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy,
become insolvent (that is, unable to pay Your bills and loans as they become due), or if You made any false or misleading
statements in Your loan application. You will also be in default if something happens that We believe may seriously affect Your
ability to repay what You owe under this Agreement or If You are In default under any other loan agreement You have with Us.
- When You are in default, We payment of the entire unpaid balance
6. ACTIONS AFTER DEFAULT may demand immediate
under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided for in this
Agreement, until what You owe has been repaid. We will also apply against what You owe any shares and/or deposits
given as security under this Agreement. We may also exercise any other rights given by law when You are in default. Unless
You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for
payment, notice of intent to demand immediate payment and notice of demand for immediate payment.
7. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and
jointly responsible for paying the entire arnount owed under this Agreement, This means We can enforce Our rights against any
one of You Individually or against all of You together.
8. LATE CHARGE - If You are late in You promise to pay the late charge shown in the Truth in Lending
making a payment
Disclosure. If no late charge Is shown, You will not be charged one.
- We can any number of times
9. DELAY IN ENFORCING RIGHTS delay enforcing any of Our rights under this Agreement
without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives.
- If the rest will
10. CONTINUED EFFECTIVENESS any part of this Agreement is determined by a court to be unenforceable,
remain in effect.
11. NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to any one of You will
be notice to all.
12. USE OF ACCOUNT - You promise to use Your account for consumer (personal, family or household) purposes, unless the
Credit Union gives You written permission to use the account also for agricultural or commercial purposes, or to purchase real
estate.
- THIS NOTE AGREEMENT"
13. NO ORAL AGREEMENTS CONSTITUTES A "WRITTEN LOAN PURSUANT TO
SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS
WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY
NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT
YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS
A LEGAL RIGHT TO COLLECT FROM YOU.
15. NOTICE TO UTAH BORROWERS: This written Agreement is the final expression of the Agreement between You and the
Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement.
16. OTHER PROVISIONS -
Vendor Single Interest Insurance (VSI): You are required to obtain VSI. You may obtain this insurance from anyone you want that is
acceptable to the credit union. If you obtain the insurance from the credit union, you will pay $75.00.
SECUR,lTYAGREEMENT
"Our" "Us"
In this Security Agreement ("Agreement") all references to "Credit Union", "We", or mean the Credit Union whose
name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the
"Loan" "You" "Your"
mean the loan described in the Loan Agreement that is part of this document. AII references to or mean any
person who signs, or otherwise authenticates. this Agreement.
"Secunty"
1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property desenbed in the
section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all
accessions. Accessions are things which are attached to or Installed in the Property now or in the future. The security interest
also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or
refinancings of the Ldan. It also includes any money You receive from selling the Property or from insurance You have on the
Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so.
2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The
security interest secures the Loan
and any extensions. renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also
secures any other loans, Including any credit card loan, You have now or receive in the future from Us and any other
Page 3 of 5 Hzxon-E
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023
|credit union COMMUNITY REsOURcE FEoERAL CREDIT UNION AcetNo. LoanNo
amounts You owe Us for any reason now or in the future, except any oan secured by Your princi I dwelling. If the
Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your p ncipal dwelling, the
Property will secure only this Loan and not other loans or amounts You owe Us.
3. OWNERSHIP OF THE PROPERTY - You promise that You own the You
Property or, if this Loan is to buy the Property,
promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the
Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan
with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property
either by Your actions or by operation of law.
4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security
interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the
claims of others. You irrevocably authorize Us to execute (on Your behal , if applicable, and file one or more financing,
continuation or amendment statements pursuant to the Uniform Commercia Code (UCC) in a form satisfactory to Us. You
promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all
costs, including but not Ilmited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the
extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will:
(1) Use the Property carefully and keep it in
cod repair. (2) Obtain Our written permission before making major cha es to the Property or changing the address where the
broperty is kept. (3) Inform Us in wnting before changing Your address. Allow Us to inspect the Property (5) Promptly notify
Preview
FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 COMMERCIAL TRANSACTION XX CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA COMMUNITY RESOURCE FEDERAL CREDIT UNION, 20 Wade Road Latham, New York 12110 SUMMONS Plaintiff(s), -against- INDEX NO.: Date Purchased: / 2 2 File No.: 22-o0537 BRANDON M. DOMINY, 4th street 94 Waterford, New York 12188 Defendant(s). To the above-named Defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action 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. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of venue designated is: XX The residence of a party. XX Defendant resides within the County of Saratoga The transaction arising in the County of Dated: Albany, New York August 31, 2022 MAGGUILLI LAW FIRM, PLLC By: Lawrence P. uilli Attorney for P aintiff 14 Corporate Woods Boulevard Albany, New York 12211 Phone: (518) 465-7591 THIS AN ATTEMPT IS TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS CORRESPONDENCE IS FROM A DEBT COLLECTOR. FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF SARATOGA ______________________________________________________________________________ COMMUNITY RESOURCE FEDERAL CREDIT Index No.: f 2D b UNION, Date Purchased: 2 Plaintiff, -against- VERIFIED COMPLAINT BRANDON M. DOMINY, Defendant. ____________________________________________________________ Plaintiff Community Resource Federal Credit Union, by and through its attorneys, Magguilli Law Firm, PLLC, sets forth the following as and for its Verified Complaint against the Defendant: 1. At all times relevant herein, Plaintiff Community Resource Federal Credit Union (hereinafter "Plaintiff") was and remains a not-for-profit financial cooperative with its principal place of business located at 20 Wade Road, Latham, New York 12110. 2. Plaintiff is the original creditor. 3. Upon information and belief, at all times relevant herein, Defendant Brandon M. Dominy (hereinafter "Defendant") was and is a natural person with a principal residence located 4th at 94 Street, Waterford, New York 12188. 4. An itemization of the account as of November 24, 2021 is as follows: a. Principal:........................................................................................$3,491.46 b. Finance Charges: ..................................................................................$0.00 c. Fees Imposed by the Original Creditor:..............................................$72.50 d. Collection Costs:...................................................................................$0.00 e. Attorney's Fees:.............................................................................$1,047.40 f. Interest: .............................................................................................$129.29 g. Other Fees and Charges:.......................................................................$0.00 FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 AS AND FOR A FIRST CAUSE OF ACTION AGAINST DEFENDANT (Breach of Contract) 4. Plaintiff repeats and realleges all prior allegations. 5. On or about June 5, 2020, Defendant entered into a loan and security agreement, with the Plaintiff (the "Agreement"). A copy of said Agreement is attached hereto and marked "A." Exhibit 6. The last four digits of the account number are 7953. 7. The Agreement was signed by said Defendant. 8. Pursuant to the Agreement, Plaintiff loaned and advanced Defendant the sum of $5,060.00. 9. Defendant agreed to repay the money loaned and advanced, with interest at the rate of 13.95% per annum. 10. Plaintiff fully performed its part of the Agreement with Defendant. 11. Defendant made periodic payments on the said account, with the last payment being made on 08/17/2021 in the amount of $84.00. 12. Defendant failed to make timely payments on the outstanding balance, and due to Defendant's failure defaulted on the Agreement. 13. Defendant's outstanding amount as of November 24, 2021 was $3,693.25, plus interest at the rate of 13.95% per annum. 14. The account balance printed on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer is $3,491.46. 15. Despite written demands Defendant has failed, refused, or neglected to make full payment of the remaining balance due and owing in connection with the account. FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 16. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of $3,693.25, plus interest at the rate of 13.95% per annum from November 24, 2021. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANT (Attorney's Fees) 17. Plaintiff repeats and realleges all prior allegations. 18. Pursuant to the loan and security agreement, Defendant agreed to pay all costs of collecting the amount owed under the agreement, including court costs and reasonable attorney's fees. 19. Plaintiff will incur attorney's fees in the amount of $1,047.40 in the collection of the sums due it by Defendant, together with the costs and disbursements incurred in connection with this action. 20. By reason of the foregoing, Plaintiff has been damaged in the amount of $1,047.40, together with its costs and disbursements herein. AS AND FOR A THIRD CAUSE OF ACTION AGAINST DEFENDANT (Account Stated) 21. Plaintiff repeats and realleges all prior allegations. 22. Periodic account statements setting forth charges and amounts due on the amount were transmitted to Defendant. 23. The final statement of account was provided to the defendant on 12/31/2021. 24. Defendant received and retained said periodic account statements for an unreasonable period of time without protest or objection. 25. Defendant has failed, refused, or neglected to make full payment of the balance due and owing in connection with the account as represented on the account statements. FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 26. Pursuant to the account statements sent to Defendant, said Defendant is indebted to the Plaintiff in the amount of $3,693.25, plus interest at the rate of 13.95% per annum from November 24, 2021. WHEREFORE, Plaintiff Dannemora Federal Credit Union demands that Judgment be entered herein against the named Defendants as follows: a) On the first cause of action, against Defendant in the amount of $3,693.25, together with interest, costs, and disbursements; b) On the second cause of action, against Defendant in the amount of $1,047.40, together with interest, costs and disbursements; c) On the third cause of action, against Defendant in the amount of $3,693.25, together with interest, costs, and disbursements. Dated: Albany, New York August 18, 2022 MAGGUILLI LAW FIRM, PLLC By: Lawrence P. M illi Attorneys for P intiff 14 Corporate Woods Boulevard Albany, New York 12211 Phone: (518) 765-7591 FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 20WodeRd. Latham,NY 12110 518J81220 631BicomingroveDL (gggggg N.Greenbush NY12144 618.283.220 . e e n to ee:sas.7s3221 Loan and Agreements Secunty ""'°**"0"v"°"°"®* and Disclosure Statement O Covered Borrower Under Military Landing Act FIXEDRATE ¤ STEPRATE LOANDATE AcCOUNTNUMBER LOANNUMBER MATURITY DATE ABLERATE .. __ _ . . . 06/05/2020 06/09/2023 808ROWEA 1 (Name & Address) BORROWER 2 (Name & Address) BRANDON M DOMINY 94 4TH STREET WATERFORD, NY 12188 BORROWER 3 (Name & Address} BORROWER 4 (Name & Address) (e' TRUTH IN LENDING means an estimate) DISCLOSURE ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price Thecostof Yourcreditasa yearlyrate. Thedollaramountthe credit Theamountof credit TheamountYouwill have Thetotalcostof Yourpurchaseon creditis wi!lcostYou providedto Youor on paidafterYouhavemaae $ Yourbehalt allpaymentsas scheduled, whch includesvour downpayment of 13.9500 % $ 1,171,62 e $ 5,060,00 $ 6,520.14 e $ Your Payment Schedule Will Be: Prepayment: If You pay off early You will not have to Number of Payments Amount of Payments When Payments Are Due pay a penalty. . Required Deposit: The Annual Percentage Rate does 77 $ 84.00 Bi-Weekly Begmning 06/26/20 not take into account Your required deposit, if any. Demand: ¡ This obligation has a demand feature. 1 $ 52.14 Final Payment 06/09/23 ¡ All disclosures are based on an assumed maturity of one year. Property insurance: You ma obtain property insurance from an one You want that is acceptable to the Cre it Union. If You get the insurance rom the Credit Filing Fees Non-Filing Insurance Union You will pay $ Late Charge: The courtesyperiodandfeeamountassociatedwithlate paymentswill vary basedon the requiredmln!mumperiodicpaymentfrequencyin effectat thetimeofthetatepaymentFor WeeklyPayments,if yourpaymentis four (4) or moredayslateyouwill be charged$6.25Fu Bi-WeeklyPayments,|f yourpaymentis seven(7) or moredayslateyouw) be charged$12.50For MonthlyPayments,if yourpaymentis ten (10)or moredayslateyou will becharged52S.00PorSemi-MonthlyPayments.if yourpaymentis seven(7) or more dayslateyouwillbecharged$12.60 Security: Collateral securing other loans with the Credit Union may also secure this Loan. You are giving a security interest in Your shares and dividends and, if any, Your deposits and interest in the Credit Union; and the P roperty described below: Collateral Property/Model/Make Year I.D. Number Type Value Key Number Other (D#sedb Pledge of3hares $ in Account NA $ in Account No. . Variable Rate: -See Your contract documents for any addldonal information shout nonpayment, default, and any required repayment in fult before the scheduled date. 0CUNA 2000.01.02.03.04. 1999, MutualGroup 06.08,20 6.18 Resewed AllRights Paged of $ N2X0thE FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 CreditUnion COMMUNITY RESOURCE FEDERAL CREDIT UNION AcetNo ITEMEATI F THM14OUSMINA e egas a$estimes Item4ation of Amount Financed of Amount Given to You D recGy ount PA on Your Account Prepaid Finance Charge $ S.060.00 $2,504.38 $2.555.62 $ Arnounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) We will be retaining a portion of the amount.) $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To $ To MILITARY LENdif(G ACT Ol$ALASERiiiS Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must Include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). Please call Us st 1 (888) 783-2201 to receive oral disclosures of the Military Lending Act disclosure above and a description of the payment obligation. Borrower" A "Covered for purposes of this loan means a consumer who, at the tirne the consumer becomes obligated on this loan, is a covered member or a dependent of a covered member as defined by the Military Lending Act. A Covered Borrower does not mean a consumer who (though a Covered Borrower at the time he or she became obligated on this transaction) no longer is a covered member or a dependent of a covered member as defined by the Military Lending Act. LOAMGMEEMENT "Our" "Us" In this Loan Agreernent ("Agreement") all references to "Credit Union", "We", or mean the Credit Union whose name "You" "Your" appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to or mean each person who signs, or otherwise authenticates, this Agreement as a bormwer. 1. PROMISE TO PAY - You promise to pay $ 5,060,00 to the Credit Union plus interest on the unpaid balance until what You owe has been repaid. For fixed rate loans, the interest rate is 13.9500 % per year. For stop-rate loans, the initial interest rate will be % until and then the interest rate will be % until the balance is repaid in full. For variable rate loans, the initial interest rate is % per year and will vary as follows: Colle6tion Costs You agree to pgy all costs of collectiIg the Amount You owe under this AgWehment, thcluding court costs and reasonable attomey fees. 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in If this is Lending Disclosure. a variable rate loan, the Promise to Pay section tells You whether, if the interest rate increases, You will have to make more ayments, higher payments, or if the final payment will be a balloon eyment. You ma repay any amount without penalty. if ou prepay any part of what You owe, You are still required to make t e regularly sche u ed payments, unless We have agreed to a change in the payment schedule. Because this is a simple interest loan, if You do not make payments exactly as scheduled, Your final pa ment may be more or less than the amount of the final payment that is disclosed. if You elect voluntary payment protection, e will either include the premium or program fee(8 in Your payments or extend the term of Your loan. If the term is extended, You will be required to make additional payments o the scheduled amount, until what You owe has been paid. You promise to make all payments to the place We choose. If this loan refinances another loan You have with Us, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner We choose. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to You, interest on this loan begins on the date the loan proceeds are mailed to You. 4. SECURITY FOR LOAN - This Agreement "Security" is secured by all property described in the section of the Truth in Lending Disclosure. Property securing other loans You have with Us also secures this loan, unless the property is a dwelling or otherwise Page 2 of 5 mxoig FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 cWit Union COMMUNITY RESOURCE FEDERAL CREDIT UNION AcetNa LoanNo. prohibited by federal and/or state law. in addition to Your pledge of shares, We may also have what is known as a statutory lien on all individual and joint accounts You have with Us. A statutory lien means We have the right under federal and/or state law to claim an interest in Your accounts. Unless otherwise prohibited by federal and/or state law, We can enforce a statutory lien against Your shares and dividends and, if any, interest and deposits, in all individual and joint accounts You have with Us to satisfy any outstanding financial obligation that is due and payable to Us. We may exercise Our right to enforce this lien without further notice to You, to the extent pem1itted by law. For all borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and iridividual accounts You have with the Credit Union now and in the future. The statutory lien and/or Your pledge will allow Us to apply the funds in Your account(s) to what You owe when "Security" You are In default. if a dollar amount and account number are listed in the section of the Truth in Lending Disclosure, You may not withdraw the amount that has been specifically pledged to secure this loan until the Credit Union agrees to release all or part of the pledged amount. The statutory lien and Your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. 5. DEFAULT - You will be in default under this Agreement if You do not make a payment of the amount required on or before the date it is due. You will be in default if You break any promise You made In connection with this loan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if You die, file for bankruptcy, become insolvent (that is, unable to pay Your bills and loans as they become due), or if You made any false or misleading statements in Your loan application. You will also be in default if something happens that We believe may seriously affect Your ability to repay what You owe under this Agreement or If You are In default under any other loan agreement You have with Us. - When You are in default, We payment of the entire unpaid balance 6. ACTIONS AFTER DEFAULT may demand immediate under this Agreement. If We demand immediate payment, You will continue to pay interest at the rate provided for in this Agreement, until what You owe has been repaid. We will also apply against what You owe any shares and/or deposits given as security under this Agreement. We may also exercise any other rights given by law when You are in default. Unless You are a Covered Borrower under the Military Lending Act, You waive any right You have to receive demand for payment, notice of intent to demand immediate payment and notice of demand for immediate payment. 7. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and jointly responsible for paying the entire arnount owed under this Agreement, This means We can enforce Our rights against any one of You Individually or against all of You together. 8. LATE CHARGE - If You are late in You promise to pay the late charge shown in the Truth in Lending making a payment Disclosure. If no late charge Is shown, You will not be charged one. - We can any number of times 9. DELAY IN ENFORCING RIGHTS delay enforcing any of Our rights under this Agreement without losing the ability to exercise Our rights later. We can enforce this Agreement against Your heirs or legal representatives. - If the rest will 10. CONTINUED EFFECTIVENESS any part of this Agreement is determined by a court to be unenforceable, remain in effect. 11. NOTICES - Notices will be sent to You at the most recent address You have given Us in writing. Notice to any one of You will be notice to all. 12. USE OF ACCOUNT - You promise to use Your account for consumer (personal, family or household) purposes, unless the Credit Union gives You written permission to use the account also for agricultural or commercial purposes, or to purchase real estate. - THIS NOTE AGREEMENT" 13. NO ORAL AGREEMENTS CONSTITUTES A "WRITTEN LOAN PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 14. The following is required by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. 15. NOTICE TO UTAH BORROWERS: This written Agreement is the final expression of the Agreement between You and the Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement. 16. OTHER PROVISIONS - Vendor Single Interest Insurance (VSI): You are required to obtain VSI. You may obtain this insurance from anyone you want that is acceptable to the credit union. If you obtain the insurance from the credit union, you will pay $75.00. SECUR,lTYAGREEMENT "Our" "Us" In this Security Agreement ("Agreement") all references to "Credit Union", "We", or mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" "You" "Your" mean the loan described in the Loan Agreement that is part of this document. AII references to or mean any person who signs, or otherwise authenticates. this Agreement. "Secunty" 1. THE SECURITY FOR THE LOAN - You give Us what is known as a security interest in the Property desenbed in the section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest You give includes all accessions. Accessions are things which are attached to or Installed in the Property now or in the future. The security interest also includes any replacements for the Property which You buy within 10 days of the Loan and any extensions, renewals or refinancings of the Ldan. It also includes any money You receive from selling the Property or from insurance You have on the Property. If the value of the Property declines, You promise to give Us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions. renewals or refinancings of the Loan. Unless prohibited by applicable law, the security interest also secures any other loans, Including any credit card loan, You have now or receive in the future from Us and any other Page 3 of 5 Hzxon-E FILED: SARATOGA COUNTY CLERK 01/13/2023 08:35 AM INDEX NO. EF20221912 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 01/13/2023 |credit union COMMUNITY REsOURcE FEoERAL CREDIT UNION AcetNo. LoanNo amounts You owe Us for any reason now or in the future, except any oan secured by Your princi I dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or Your p ncipal dwelling, the Property will secure only this Loan and not other loans or amounts You owe Us. 3. OWNERSHIP OF THE PROPERTY - You promise that You own the You Property or, if this Loan is to buy the Property, promise You will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that You have not already told Us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise You will allow no other security interest or lien to attach to the Property either by Your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If Your state issues a title for the Property, You promise to have Our security interest shown on the title. We may have to file what is called a financing statement to protect Our security interest from the claims of others. You irrevocably authorize Us to execute (on Your behal , if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercia Code (UCC) in a form satisfactory to Us. You promise to do whatever else We think is necessary to protect Our security interest in the Property. You also promise to pay all costs, including but not Ilmited to any attorney fees, We incur in protecting Our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY - Until the Loan has been paid off, You promise You will: (1) Use the Property carefully and keep it in cod repair. (2) Obtain Our written permission before making major cha es to the Property or changing the address where the broperty is kept. (3) Inform Us in wnting before changing Your address. Allow Us to inspect the Property (5) Promptly notify