Preview
FILED: NASSAU COUNTY CLERK 01/23/2023 10:13 AM INDEX NO. 600378/2023
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/23/2023
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NYSCEF DOC. NO. 2
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01/06/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023
COUNTY OF NASSAU
PEARL DELTA FUNDING, LLC,
Plaintiff, SUMMONS
-against-
Plaintiff’s mailing address:
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO 525 Washington Blvd., 22nd Floor
and TOBBY JABLONSKI and JUAN RUIZ JR, Jersey City, NJ 07310
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the
address stated below, an answer to the attached complaint. If this summons was personally
delivered upon you in the State of New York, the answer must be served within twenty days after
such service of the summons, excluding the date of service. If the summons was not personally
delivered to you within the State of New York, the answer must be served within thirty days after
service of the summons is complete as provided by law.
If you do not serve an answer to the attached complaint within the applicable time limitation
stated above, a judgment may be entered against you, by default, for the relief demanded in the
complaint, without further notice to you.
Venue: Plaintiff designates NASSAU as the place of trial.
Basis: Contractual
Dated: Nassau County, NY
January 6, 2023
Theodore Cohen, Esq.
Nature of this action: breach of contract. Attorney for Plaintiff
Relief sought: money damages. c/o Pearl Capital
410 Jericho Tpke., Ste. 220
Jericho, New York 11753
Phone: (347) 899-4192
Email: t.j.cohen.attorney@gmail.com
Defendants to be served:
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO, 39300 W 12 Mile Rd Ste 120, Farmington
Hills, Michigan 48331
TOBBY JABLONSKI, 38319 Golfview Drive, Farmington Hills, Michigan 48331
JUAN RUIZ JR, 3048 SW 129 Terrace, Miramar, Florida 33027
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NYSCEF DOC. NO. 2
1 RECEIVED NYSCEF: 01/23/2023
01/06/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023
COUNTY OF NASSAU
PEARL DELTA FUNDING, LLC, VERIFIED
Plaintiff, COMPLAINT
-against-
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,
Defendants.
Plaintiff PEARL DELTA FUNDING, LLC ("Plaintiff'), by its attorney, Theodore Cohen, Esq.,
for its complaint herein against PEAK TITLE AGENCY CO. AKA PEAK TITLE CO ("Merchant")
and TOBBY JABLONSKI and JUAN RUIZ JR (collectively, "Individual Guarantor") (Merchant
and Guarantor shall be collectively referred to as “Defendants”), alleges as follows:
The Parties
1. At all relevant times, Plaintiff was and is a Delaware Limited Liability Company qualified
to do business in the State of New York with an office in Nassau County New York.
2. Upon information and belief, at all relevant times, Merchant was and is a company
organized and existing under the laws of the State of Michigan.
3. Upon information and belief, at all relevant times, TOBBY JABLONSKI was and is an
individual residing in the State of Michigan.
4. Upon information and belief, at all relevant times, JUAN RUIZ JR was and is an
individual residing in the State of Florida.
5. Upon information and belief, each Individual Guarantor is an owner, principal, and/or
manager of Merchant.
The Facts
6. On or about August 10, 2022, Plaintiff and Defendants entered into an agreement (the
"Agreement") whereby Plaintiff agreed to purchase rights to Merchant's future receivables having an
agreed upon value of $178,100.00.
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7. The Agreement was accepted and executed by Plaintiff in the State of New York.
8. Pursuant to the Agreement, Merchant agreed to exclusively use one bank account
approved by Plaintiff (the “Account”) into which Merchant agreed to deposit all of its receipts and
from which Plaintiff was authorized to make periodic ACH withdrawals until $178,100.00 was fully
paid to Plaintiff.
9. The Agreement provided that if: (a) Merchant, without Plaintiff’s prior authorization,
used a bank account other than the Account or closed the Account; (b) Merchant failed to give
Plaintiff the required advance notice to prevent an ACH withdrawal from being dishonored for
insufficient funds; and/or, (c) Plaintiff is otherwise prevented from making any agreed upon ACH
withdrawal, Merchant would be in default of the Agreement.
10. In addition, each Guarantor agreed to guarantee any and all amounts owed to Plaintiff
from Merchant upon Merchant’s breach in performance of its Agreement obligations.
11. Plaintiff remitted the purchase price for the future receivables to Merchant as agreed and
thereby fulfilled all of its Agreement obligations.
12. Merchant has failed to remit purchased receivables to Plaintiff.
13. On or about January 3, 2023, Plaintiff was prevented from making the agreed upon ACH
withdrawals and, as such, Merchant defaulted under the terms of the Agreement.
14. Merchant made payments totaling $98,940.00 leaving a balance of $79,160.00. In
addition, pursuant to the Agreement, Merchant incurred a default account fee in the amount of
$2,500.00.
15. Additionally, each Guarantor is responsible for all amounts incurred as a result of any
default in the Agreement by Merchant.
16. There remains a balance due and owing to Plaintiff on the Agreement in the amount of
$81,660.00 plus interest at the statutory rate, costs, disbursements and attorney's fees.
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AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract)
17. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 16 of this complaint as though fully set forth at length herein.
18. Upon information and belief, Merchant is still conducting business operations and still
collecting receivables.
19. During the course of the Agreement, the unpaid sums became due and payable to Plaintiff,
in full as required by Plaintiff or pursuant to the terms of the Agreement in the event of any action
constituting a default or breach of any of covenants or warranties contained in the Agreement. Any
outstanding balance owed by Merchant at the time of default became immediately due and payable.
20. By reason of the foregoing, Plaintiff has suffered damages in the amount of $81,660.00,
plus interest at the statutory rate, costs, disbursements and attorney's fees.
AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guarantee)
21. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 20 of this complaint as though fully set forth at length herein.
22. Pursuant to the Agreement, each Guarantor guaranteed that Merchant would perform its
obligations thereunder and that each Guarantor would be individually, jointly, and severally liable for
any loss suffered by Plaintiff as a result of a breach by Merchant.
23. Merchant has breached the Agreement as detailed above.
24. By reason of the foregoing, Plaintiff is entitled to judgement against each Guarantor based
on each Guarantor’s breach of the guarantee in the sum of $81,660.00, plus interest at the statutory
rate, costs, disbursements and attorney’s fees.
WHEREFORE, Plaintiff requests judgement against Defendants, jointly and severally, as follows:
(i) On the first cause of action of the complaint, Plaintiff requests judgement against Merchant in
the amount of $81,660.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees;
(ii) On the second cause of action of the complaint, Plaintiff requests judgement against each
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Guarantor in the amount of $81,660.00, plus interest at the statutory rate, costs, disbursements and
attorney’s fees; and
(iii) For such other and further relief as this Court deems just and proper.
Dated: Nassau County, NY
January 6, 2023
Theodore Cohen, Esq.
Attorney for Plaintiff
c/o Pearl Capital
410 Jericho Tpke., Ste. 220
Jericho, New York 11753
Phone: (347) 899-4192
Email: t.j.cohen.attorney@gmail.com
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NYSCEF DOC. NO. 2
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023
COUNTY OF NASSAU
PEARL DELTA FUNDING, LLC, VERIFICATION
Plaintiff, BY A PARTY
-against-
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,
Defendants.
STATE OF NEW JERSEY )
) ss.:
COUNTY OF HUDSON )
ELIE FRIEDMAN, being duly sworn states that he is an Authorized Officer of Plaintiff in
the within action. I have read the foregoing Verified Complaint and know the contents thereof; the
same is true to my own knowledge, except as to matters therein stated to be alleged on information
and belief, and as to those matters, I believe them to be true.
The foregoing statements are true under penalties of perjury.
Elie Friedman, _______________________
On January 6, 2023, before me personally appeared ELIE FRIEDMAN, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person or entity upon behalf of which the individual acted, executed the instrument.
NASTACIA REDHEAD
Notary Public, State of New Jersey
Comm. No. 50106834
Qualified in Hudson County
My Commission Expires June 12, 2024
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Index No.600378/2023 Year: Hon.
2023 SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF NASSAU
PEARL DELTA FUNDING, LLC,
Plaintiff,
-against-
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,
Defendants.
SUMMONS, VERIFIED COMPLAINT and NOTICE OF ELECTRONIC FILING
THEODORE JON COHEN, ESQ.
Attorney for Plaintiff
Office and Post Office Address, Telephone
c/o Pearl Capital
410 Jericho Tpke., Ste. 220
Jericho, New York 11753
Phone: (347) 899-4192
Email: t.j.cohen.attorney@gmail.com
Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State,
certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document
are not frivolous.
Dated: January 6, 2023
Nassau County, NY
Theodore Cohen, Esq.
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
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NYSCEF DOC. NO. 2
1 RECEIVED NYSCEF: 01/23/2023
01/06/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023
COUNTY OF NASSAU
PEARL DELTA FUNDING, LLC,
Plaintiff,
-against-
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO
and TOBBY JABLONSKI and JUAN RUIZ JR,
Defendants.
NOTICE OF ELECTRONIC FILING
(Consensual Case)
(Uniform Rule §202.5-b)
YOU HAVE RECEIVED THIS NOTICE because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New
York State Courts E-filing system (“NYSCEF”), and
2) You are a Defendant/Respondent (a party) in this case.
If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).
If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a scanner
or other device to convert documents into electronic format, a connection to the internet,
and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
serving and filing your documents electronically
free access to view and print your e-filed documents
limiting your number of trips to the courthouse
paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
visit: www.nycourts.gov/efile-unrepresented or
contact the Clerk’s Office or Help Center at the court where the case was filed. Court contact
information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourthelp.gov.
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1 RECEIVED NYSCEF: 01/23/2023
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Information for Attorneys
An attorney representing a party who is served with this notice must either consent or decline consent
to electronic filing and service through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner provided
at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing
must first create a NYSCEF account and obtain a user ID and password prior to recording their
consent by going to www.nycourts.gov/efile
Attorneys declining to consent must file with the court and serve on all parties of record a declination
of consent.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone:
646-386-3033; e-mail: efile@nycourts.gov).
Dated: January 6, 2023
Nassau County, NY
Theodore Cohen, Esq.
Attorney for Plaintiff
c/o Pearl Capital
410 Jericho Tpke., Ste. 220
Jericho, New York 11753
Phone: (347) 899-4192
Email: t.j.cohen.attorney@gmail.com
To:
PEAK TITLE AGENCY CO. AKA PEAK TITLE CO, 39300 W 12 Mile Rd Ste 120, Farmington
Hills, Michigan 48331
TOBBY JABLONSKI, 38319 Golfview Drive, Farmington Hills, Michigan 48331
JUAN RUIZ JR, 3048 SW 129 Terrace, Miramar, Florida 33027
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Preview
FILED: NASSAU COUNTY CLERK 01/23/2023 10:13 AM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/23/2023 1 of 10 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023 COUNTY OF NASSAU PEARL DELTA FUNDING, LLC, Plaintiff, SUMMONS -against- Plaintiff’s mailing address: PEAK TITLE AGENCY CO. AKA PEAK TITLE CO 525 Washington Blvd., 22nd Floor and TOBBY JABLONSKI and JUAN RUIZ JR, Jersey City, NJ 07310 Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the address stated below, an answer to the attached complaint. If this summons was personally delivered upon you in the State of New York, the answer must be served within twenty days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you within the State of New York, the answer must be served within thirty days after service of the summons is complete as provided by law. If you do not serve an answer to the attached complaint within the applicable time limitation stated above, a judgment may be entered against you, by default, for the relief demanded in the complaint, without further notice to you. Venue: Plaintiff designates NASSAU as the place of trial. Basis: Contractual Dated: Nassau County, NY January 6, 2023 Theodore Cohen, Esq. Nature of this action: breach of contract. Attorney for Plaintiff Relief sought: money damages. c/o Pearl Capital 410 Jericho Tpke., Ste. 220 Jericho, New York 11753 Phone: (347) 899-4192 Email: t.j.cohen.attorney@gmail.com Defendants to be served: PEAK TITLE AGENCY CO. AKA PEAK TITLE CO, 39300 W 12 Mile Rd Ste 120, Farmington Hills, Michigan 48331 TOBBY JABLONSKI, 38319 Golfview Drive, Farmington Hills, Michigan 48331 JUAN RUIZ JR, 3048 SW 129 Terrace, Miramar, Florida 33027 21 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023 COUNTY OF NASSAU PEARL DELTA FUNDING, LLC, VERIFIED Plaintiff, COMPLAINT -against- PEAK TITLE AGENCY CO. AKA PEAK TITLE CO and TOBBY JABLONSKI and JUAN RUIZ JR, Defendants. Plaintiff PEARL DELTA FUNDING, LLC ("Plaintiff'), by its attorney, Theodore Cohen, Esq., for its complaint herein against PEAK TITLE AGENCY CO. AKA PEAK TITLE CO ("Merchant") and TOBBY JABLONSKI and JUAN RUIZ JR (collectively, "Individual Guarantor") (Merchant and Guarantor shall be collectively referred to as “Defendants”), alleges as follows: The Parties 1. At all relevant times, Plaintiff was and is a Delaware Limited Liability Company qualified to do business in the State of New York with an office in Nassau County New York. 2. Upon information and belief, at all relevant times, Merchant was and is a company organized and existing under the laws of the State of Michigan. 3. Upon information and belief, at all relevant times, TOBBY JABLONSKI was and is an individual residing in the State of Michigan. 4. Upon information and belief, at all relevant times, JUAN RUIZ JR was and is an individual residing in the State of Florida. 5. Upon information and belief, each Individual Guarantor is an owner, principal, and/or manager of Merchant. The Facts 6. On or about August 10, 2022, Plaintiff and Defendants entered into an agreement (the "Agreement") whereby Plaintiff agreed to purchase rights to Merchant's future receivables having an agreed upon value of $178,100.00. 1 32 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 7. The Agreement was accepted and executed by Plaintiff in the State of New York. 8. Pursuant to the Agreement, Merchant agreed to exclusively use one bank account approved by Plaintiff (the “Account”) into which Merchant agreed to deposit all of its receipts and from which Plaintiff was authorized to make periodic ACH withdrawals until $178,100.00 was fully paid to Plaintiff. 9. The Agreement provided that if: (a) Merchant, without Plaintiff’s prior authorization, used a bank account other than the Account or closed the Account; (b) Merchant failed to give Plaintiff the required advance notice to prevent an ACH withdrawal from being dishonored for insufficient funds; and/or, (c) Plaintiff is otherwise prevented from making any agreed upon ACH withdrawal, Merchant would be in default of the Agreement. 10. In addition, each Guarantor agreed to guarantee any and all amounts owed to Plaintiff from Merchant upon Merchant’s breach in performance of its Agreement obligations. 11. Plaintiff remitted the purchase price for the future receivables to Merchant as agreed and thereby fulfilled all of its Agreement obligations. 12. Merchant has failed to remit purchased receivables to Plaintiff. 13. On or about January 3, 2023, Plaintiff was prevented from making the agreed upon ACH withdrawals and, as such, Merchant defaulted under the terms of the Agreement. 14. Merchant made payments totaling $98,940.00 leaving a balance of $79,160.00. In addition, pursuant to the Agreement, Merchant incurred a default account fee in the amount of $2,500.00. 15. Additionally, each Guarantor is responsible for all amounts incurred as a result of any default in the Agreement by Merchant. 16. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $81,660.00 plus interest at the statutory rate, costs, disbursements and attorney's fees. 2 43 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract) 17. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 16 of this complaint as though fully set forth at length herein. 18. Upon information and belief, Merchant is still conducting business operations and still collecting receivables. 19. During the course of the Agreement, the unpaid sums became due and payable to Plaintiff, in full as required by Plaintiff or pursuant to the terms of the Agreement in the event of any action constituting a default or breach of any of covenants or warranties contained in the Agreement. Any outstanding balance owed by Merchant at the time of default became immediately due and payable. 20. By reason of the foregoing, Plaintiff has suffered damages in the amount of $81,660.00, plus interest at the statutory rate, costs, disbursements and attorney's fees. AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guarantee) 21. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 20 of this complaint as though fully set forth at length herein. 22. Pursuant to the Agreement, each Guarantor guaranteed that Merchant would perform its obligations thereunder and that each Guarantor would be individually, jointly, and severally liable for any loss suffered by Plaintiff as a result of a breach by Merchant. 23. Merchant has breached the Agreement as detailed above. 24. By reason of the foregoing, Plaintiff is entitled to judgement against each Guarantor based on each Guarantor’s breach of the guarantee in the sum of $81,660.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees. WHEREFORE, Plaintiff requests judgement against Defendants, jointly and severally, as follows: (i) On the first cause of action of the complaint, Plaintiff requests judgement against Merchant in the amount of $81,660.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees; (ii) On the second cause of action of the complaint, Plaintiff requests judgement against each 3 54 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 Guarantor in the amount of $81,660.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees; and (iii) For such other and further relief as this Court deems just and proper. Dated: Nassau County, NY January 6, 2023 Theodore Cohen, Esq. Attorney for Plaintiff c/o Pearl Capital 410 Jericho Tpke., Ste. 220 Jericho, New York 11753 Phone: (347) 899-4192 Email: t.j.cohen.attorney@gmail.com 4 65 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023 COUNTY OF NASSAU PEARL DELTA FUNDING, LLC, VERIFICATION Plaintiff, BY A PARTY -against- PEAK TITLE AGENCY CO. AKA PEAK TITLE CO and TOBBY JABLONSKI and JUAN RUIZ JR, Defendants. STATE OF NEW JERSEY ) ) ss.: COUNTY OF HUDSON ) ELIE FRIEDMAN, being duly sworn states that he is an Authorized Officer of Plaintiff in the within action. I have read the foregoing Verified Complaint and know the contents thereof; the same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true. The foregoing statements are true under penalties of perjury. Elie Friedman, _______________________ On January 6, 2023, before me personally appeared ELIE FRIEDMAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. NASTACIA REDHEAD Notary Public, State of New Jersey Comm. No. 50106834 Qualified in Hudson County My Commission Expires June 12, 2024 5 76 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 Index No.600378/2023 Year: Hon. 2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU PEARL DELTA FUNDING, LLC, Plaintiff, -against- PEAK TITLE AGENCY CO. AKA PEAK TITLE CO and TOBBY JABLONSKI and JUAN RUIZ JR, Defendants. SUMMONS, VERIFIED COMPLAINT and NOTICE OF ELECTRONIC FILING THEODORE JON COHEN, ESQ. Attorney for Plaintiff Office and Post Office Address, Telephone c/o Pearl Capital 410 Jericho Tpke., Ste. 220 Jericho, New York 11753 Phone: (347) 899-4192 Email: t.j.cohen.attorney@gmail.com Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document are not frivolous. Dated: January 6, 2023 Nassau County, NY Theodore Cohen, Esq. To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for 87 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 600378/2023 COUNTY OF NASSAU PEARL DELTA FUNDING, LLC, Plaintiff, -against- PEAK TITLE AGENCY CO. AKA PEAK TITLE CO and TOBBY JABLONSKI and JUAN RUIZ JR, Defendants. NOTICE OF ELECTRONIC FILING (Consensual Case) (Uniform Rule §202.5-b) YOU HAVE RECEIVED THIS NOTICE because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system (“NYSCEF”), and 2) You are a Defendant/Respondent (a party) in this case. If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2). If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: serving and filing your documents electronically free access to view and print your e-filed documents limiting your number of trips to the courthouse paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: visit: www.nycourts.gov/efile-unrepresented or contact the Clerk’s Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourthelp.gov. 98 of of 10 9 FILED: NASSAU COUNTY CLERK 01/23/2023 01/06/2023 10:13 06:05 AM PM INDEX NO. 600378/2023 NYSCEF DOC. NO. 2 1 RECEIVED NYSCEF: 01/23/2023 01/06/2023 Information for Attorneys An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov). Dated: January 6, 2023 Nassau County, NY Theodore Cohen, Esq. Attorney for Plaintiff c/o Pearl Capital 410 Jericho Tpke., Ste. 220 Jericho, New York 11753 Phone: (347) 899-4192 Email: t.j.cohen.attorney@gmail.com To: PEAK TITLE AGENCY CO. AKA PEAK TITLE CO, 39300 W 12 Mile Rd Ste 120, Farmington Hills, Michigan 48331 TOBBY JABLONSKI, 38319 Golfview Drive, Farmington Hills, Michigan 48331 JUAN RUIZ JR, 3048 SW 129 Terrace, Miramar, Florida 33027 10 9 of 10 9