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FILED: RICHMOND COUNTY CLERK 06/26/2021 03:05 PM INDEX NO. 150441/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/26/2021
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: 150441/2021
COUNTY OF RICHMOND
PEARL DELTA FUNDING, LLC,
Plaintiff, SUMMONS
-against-
Plaintiff’s mailing address is:
ROSSER ENTERPRISE LLC and 525 Washington Blvd., 22nd Floor
ROSSER CATASTROPHE SERVICES and Jersey City, NJ 07310
ROSSER ROOFING SOLUTIONS and
MR. ROOFER LLC and
JOHNATHON ROSSER,
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.
Basis for venue: contractual.
Dated: Roslyn Heights, NY
February 26, 2021
Theodore Jon Cohen, Esq.
The nature of this action is breach of contract. Attorney for Plaintiff
The relief sought is money damages. 112 West 34th Street, 18th Floor, PMB
27813
New York, New York 10120
Phone: (347) 899-4192
Email: legal@abfservicing.com
Defendants to be served:
ROSSER ENTERPRISE LLC, 2406 E New York Avenue, Deland, Florida 32724
ROSSER CATASTROPHE SERVICES, 2406 E New York Avenue, Deland, Florida 32724
ROSSER ROOFING SOLUTIONS, 2406 E New York Avenue, Deland, Florida 32724
MR. ROOFER LLC, 2406 E New York Avenue, Deland, Florida 32724
JOHNATHON ROSSER, 2406 E New York Avenue, Deland, Florida 32724
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
PEARL DELTA FUNDING, LLC, Index No.: 150441/2021
Plaintiff,
-against- VERIFIED
COMPLAINT
ROSSER ENTERPRISE LLC and
ROSSER CATASTROPHE SERVICES and
ROSSER ROOFING SOLUTIONS and
MR. ROOFER LLC and
JOHNATHON ROSSER,
Defendants.
Plaintiff PEARL DELTA FUNDING, LLC ("Plaintiff'), by its attorney, Theodore Jon Cohen,
Esq., for its complaint herein against ROSSER ENTERPRISE LLC and ROSSER
CATASTROPHE SERVICES and ROSSER ROOFING SOLUTIONS (collectively, "Company
Defendant") and MR. ROOFER LLC (“Entity Guarantor”) and JOHNATHON ROSSER
("Individual Guarantor") (Entity Guarantor and Individual Guarantor shall be collectively referred
to as "Guarantor") (Company Defendant and Guarantor shall be collectively referred to as
“Defendants”), alleges as follows:
The Parties
1. Plaintiff was and is a Delaware Limited Liability Company qualified to do business in
the State of New York with offices in New York and New Jersey.
2. Upon information and belief, at all relevant times, each Company Defendant was and is
a company organized and existing under the laws of the State of Florida.
3. Upon information and belief, at all relevant times, Entity Guarantor was and is a
company organized and existing under the laws of the State of Florida.
4. Upon information and belief, at all relevant times, Individual Guarantor was and is an
individual residing in the State of Florida.
5. Individual Guarantor is the owner, principal, and/or manager of each Company
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Defendant Entity Guarantor.
The Facts
6. On or about November 30, 2020, Plaintiff and Defendants entered into an agreement (the
"Agreement") whereby Plaintiff agreed to purchase rights to Company Defendant's future
receivables having an agreed upon value of $144,000.00.
7. Pursuant to the Agreement, Company Defendant agreed to exclusively use one bank
account approved by Plaintiff (the “Account”) into which the Company Defendant agreed to deposit
all of its receipts and from which Plaintiff was authorized to make daily ACH withdrawals until
$144,000.00 was fully paid to Plaintiff.
8. The Agreement provided that in the event Company Defendant used a bank account
other than the Account, closed the Account without prior authorization of Plaintiff, or otherwise
prevented Plaintiff from making the agreed upon ACH withdrawals, the Company Defendant was
in default of the Agreement.
9. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from
Company Defendant upon Company Defendant’s breach in performance of its Agreement
obligations.
10. Plaintiff remitted the purchase price for the future receivables to Company Defendant as
agreed and thereby fulfilled all of its Agreement obligations.
11. On or about February 24, 2021, Company Defendant blocked Plaintiff’s access to the
Account without the required 24 hours advance notice to Plaintiff, thereby preventing Plaintiff from
making the agreed upon ACH withdrawals and, as such, defaulted under the terms of the Agreement.
12. Company Defendant made payments totaling $43,200.00 leaving a balance of
$100,800.00. In addition, pursuant to the Agreement, Company Defendant incurred NSF fees in the
amount of $35.00 and a default account fee in the amount of $2,500.00.
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13. Additionally, Guarantor is responsible for all amounts incurred as a result of any default
in the Agreement by Company Defendant.
14. There remains a balance due and owing to Plaintiff on the Agreement in the amount of
$103,335.00 plus interest at the statutory rate, costs, disbursements and attorney's fees.
AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract)
15. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 14 of this complaint as though fully set forth at length herein.
16. Upon information and belief, Company Defendant is still conducting business operations
and still collecting receivables.
17. 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 the Company Defendant at the time of default became
immediately due and payable.
18. By reason of the foregoing, Plaintiff has suffered damages in the amount of $103,335.00,
plus interest at the statutory rate, costs, disbursements and attorney's fees.
AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guarantee)
19. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 18 of this complaint as though fully set forth at length herein.
20. Pursuant to the Agreement, Guarantor guaranteed that Company Defendant would
perform its obligations thereunder and that Guarantor would be individually, jointly, and severally
liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant.
21. Company Defendant has breached the Agreement as detailed above.
22. By reason of the foregoing, Plaintiff is entitled to judgement against Guarantor based on
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Guarantor’s breach of the guarantee in the sum of $103,335.00, plus interest at the statutory rate,
costs, disbursements and attorney’s fees.
AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment)
23. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 22 of this complaint as though fully set forth at length herein.
24. Defendants have been unjustly enriched in that they have received the purchase price for
the future receivables, yet have failed to pay the sum of $103,335.00 pursuant to the Agreement.
25. By reason of the foregoing, Plaintiff is entitled to judgment against the Defendants for
unjust enrichment in the amount of $103,335.00, plus interest at the statutory rate, costs,
disbursements and attorney’s fees.
WHEREFORE, Plaintiff requests judgement against Defendants as follows:
(i) On the first cause of action of the complaint, Plaintiff requests judgement against each Company
Defendant in the amount of $103,335.00, 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
Guarantor in the amount of $103,335.00, plus interest at the statutory rate, costs, disbursements and
attorney’s fees;
(iii) On the third cause of action of the complaint, Plaintiff requests judgement against Defendants
in an amount of $103,335.00, plus interest at the statutory rate, costs, disbursements and attorney’s
fees;
(iv) For such other and further relief as this Court deems just and proper.
Dated: Roslyn Height, NY
February 26, 2021
Theodore Jon Cohen, Esq.
Attorney for Plaintiff
112 West 34th Street, 18th Floor, PMB 27813
New York, New York 10120
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Phone: (347) 899-4192
Email: legal@abfservicing.com
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SUPREME COURT OF THE STATE OF NEW YORK Index No.: 150441/2021
COUNTY OF RICHMOND
PEARL DELTA FUNDING, LLC, VERIFICATION
Plaintiff, BY A PARTY
-against-
ROSSER ENTERPRISE LLC and
ROSSER CATASTROPHE SERVICES and
ROSSER ROOFING SOLUTIONS and
MR. ROOFER LLC and
JOHNATHON ROSSER,
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 February 26, 2021, 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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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
PEARL DELTA FUNDING, LLC, Index No.: 150441/2021
Plaintiff,
-against-
ROSSER ENTERPRISE LLC and
ROSSER CATASTROPHE SERVICES and
ROSSER ROOFING SOLUTIONS and
MR. ROOFER LLC and
JOHNATHON ROSSER,
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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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: February 26, 2021
Theodore Jon Cohen, Esq.
Attorney for Plaintiff
112 West 34th Street, 18th Floor, PMB 27813
New York, New York 10120
Phone: (347) 899-4192
Email: legal@abfservicing.com
To:
ROSSER ENTERPRISE LLC, 2406 E New York Avenue, Deland, Florida 32724
ROSSER CATASTROPHE SERVICES, 2406 E New York Avenue, Deland, Florida 32724
ROSSER ROOFING SOLUTIONS, 2406 E New York Avenue, Deland, Florida 32724
MR. ROOFER LLC, 2406 E New York Avenue, Deland, Florida 32724
JOHNATHON ROSSER, 2406 E New York Avenue, Deland, Florida 32724
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Index No. 150441/2021 Year: 2021 Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
PEARL DELTA FUNDING, LLC,
Plaintiff,
-against-
ROSSER ENTERPRISE LLC and
ROSSER CATASTROPHE SERVICES and
ROSSER ROOFING SOLUTIONS and
MR. ROOFER LLC and
JOHNATHON ROSSER,
Defendants.
SUMMONS, VERIFIED COMPLAINT and NOTICE OF ELECTRONIC FILING
Theodore Jon Cohen, Esq.
Attorney for Plaintiff
Office and Post Office Address, Telephone
112 West 34th Street, 18th Floor, PMB 27813
New York, New York 10120
Phone: (347) 899-4192
Email: legal@abfservicing.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: February 26, 2021
Theodore Jon Cohen, Esq.
To:
Attorney(s) for
Service of a copy of the within is hereby admitted.
Dated:
Attorney(s) for
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FILED: RICHMOND COUNTY CLERK 06/26/2021 03:05 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 06/26/2021 1 of 11 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 150441/2021 COUNTY OF RICHMOND PEARL DELTA FUNDING, LLC, Plaintiff, SUMMONS -against- Plaintiff’s mailing address is: ROSSER ENTERPRISE LLC and 525 Washington Blvd., 22nd Floor ROSSER CATASTROPHE SERVICES and Jersey City, NJ 07310 ROSSER ROOFING SOLUTIONS and MR. ROOFER LLC and JOHNATHON ROSSER, 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. Basis for venue: contractual. Dated: Roslyn Heights, NY February 26, 2021 Theodore Jon Cohen, Esq. The nature of this action is breach of contract. Attorney for Plaintiff The relief sought is money damages. 112 West 34th Street, 18th Floor, PMB 27813 New York, New York 10120 Phone: (347) 899-4192 Email: legal@abfservicing.com Defendants to be served: ROSSER ENTERPRISE LLC, 2406 E New York Avenue, Deland, Florida 32724 ROSSER CATASTROPHE SERVICES, 2406 E New York Avenue, Deland, Florida 32724 ROSSER ROOFING SOLUTIONS, 2406 E New York Avenue, Deland, Florida 32724 MR. ROOFER LLC, 2406 E New York Avenue, Deland, Florida 32724 JOHNATHON ROSSER, 2406 E New York Avenue, Deland, Florida 32724 1 of 11 2 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND PEARL DELTA FUNDING, LLC, Index No.: 150441/2021 Plaintiff, -against- VERIFIED COMPLAINT ROSSER ENTERPRISE LLC and ROSSER CATASTROPHE SERVICES and ROSSER ROOFING SOLUTIONS and MR. ROOFER LLC and JOHNATHON ROSSER, Defendants. Plaintiff PEARL DELTA FUNDING, LLC ("Plaintiff'), by its attorney, Theodore Jon Cohen, Esq., for its complaint herein against ROSSER ENTERPRISE LLC and ROSSER CATASTROPHE SERVICES and ROSSER ROOFING SOLUTIONS (collectively, "Company Defendant") and MR. ROOFER LLC (“Entity Guarantor”) and JOHNATHON ROSSER ("Individual Guarantor") (Entity Guarantor and Individual Guarantor shall be collectively referred to as "Guarantor") (Company Defendant and Guarantor shall be collectively referred to as “Defendants”), alleges as follows: The Parties 1. Plaintiff was and is a Delaware Limited Liability Company qualified to do business in the State of New York with offices in New York and New Jersey. 2. Upon information and belief, at all relevant times, each Company Defendant was and is a company organized and existing under the laws of the State of Florida. 3. Upon information and belief, at all relevant times, Entity Guarantor was and is a company organized and existing under the laws of the State of Florida. 4. Upon information and belief, at all relevant times, Individual Guarantor was and is an individual residing in the State of Florida. 5. Individual Guarantor is the owner, principal, and/or manager of each Company 1 2 of 11 3 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 Defendant Entity Guarantor. The Facts 6. On or about November 30, 2020, Plaintiff and Defendants entered into an agreement (the "Agreement") whereby Plaintiff agreed to purchase rights to Company Defendant's future receivables having an agreed upon value of $144,000.00. 7. Pursuant to the Agreement, Company Defendant agreed to exclusively use one bank account approved by Plaintiff (the “Account”) into which the Company Defendant agreed to deposit all of its receipts and from which Plaintiff was authorized to make daily ACH withdrawals until $144,000.00 was fully paid to Plaintiff. 8. The Agreement provided that in the event Company Defendant used a bank account other than the Account, closed the Account without prior authorization of Plaintiff, or otherwise prevented Plaintiff from making the agreed upon ACH withdrawals, the Company Defendant was in default of the Agreement. 9. In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff from Company Defendant upon Company Defendant’s breach in performance of its Agreement obligations. 10. Plaintiff remitted the purchase price for the future receivables to Company Defendant as agreed and thereby fulfilled all of its Agreement obligations. 11. On or about February 24, 2021, Company Defendant blocked Plaintiff’s access to the Account without the required 24 hours advance notice to Plaintiff, thereby preventing Plaintiff from making the agreed upon ACH withdrawals and, as such, defaulted under the terms of the Agreement. 12. Company Defendant made payments totaling $43,200.00 leaving a balance of $100,800.00. In addition, pursuant to the Agreement, Company Defendant incurred NSF fees in the amount of $35.00 and a default account fee in the amount of $2,500.00. 2 3 of 11 4 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 13. Additionally, Guarantor is responsible for all amounts incurred as a result of any default in the Agreement by Company Defendant. 14. There remains a balance due and owing to Plaintiff on the Agreement in the amount of $103,335.00 plus interest at the statutory rate, costs, disbursements and attorney's fees. AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract) 15. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 14 of this complaint as though fully set forth at length herein. 16. Upon information and belief, Company Defendant is still conducting business operations and still collecting receivables. 17. 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 the Company Defendant at the time of default became immediately due and payable. 18. By reason of the foregoing, Plaintiff has suffered damages in the amount of $103,335.00, plus interest at the statutory rate, costs, disbursements and attorney's fees. AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guarantee) 19. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 18 of this complaint as though fully set forth at length herein. 20. Pursuant to the Agreement, Guarantor guaranteed that Company Defendant would perform its obligations thereunder and that Guarantor would be individually, jointly, and severally liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant. 21. Company Defendant has breached the Agreement as detailed above. 22. By reason of the foregoing, Plaintiff is entitled to judgement against Guarantor based on 3 4 of 11 5 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 Guarantor’s breach of the guarantee in the sum of $103,335.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees. AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment) 23. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 22 of this complaint as though fully set forth at length herein. 24. Defendants have been unjustly enriched in that they have received the purchase price for the future receivables, yet have failed to pay the sum of $103,335.00 pursuant to the Agreement. 25. By reason of the foregoing, Plaintiff is entitled to judgment against the Defendants for unjust enrichment in the amount of $103,335.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees. WHEREFORE, Plaintiff requests judgement against Defendants as follows: (i) On the first cause of action of the complaint, Plaintiff requests judgement against each Company Defendant in the amount of $103,335.00, 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 Guarantor in the amount of $103,335.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees; (iii) On the third cause of action of the complaint, Plaintiff requests judgement against Defendants in an amount of $103,335.00, plus interest at the statutory rate, costs, disbursements and attorney’s fees; (iv) For such other and further relief as this Court deems just and proper. Dated: Roslyn Height, NY February 26, 2021 Theodore Jon Cohen, Esq. Attorney for Plaintiff 112 West 34th Street, 18th Floor, PMB 27813 New York, New York 10120 4 5 of 11 6 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 Phone: (347) 899-4192 Email: legal@abfservicing.com 5 6 of 11 7 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 SUPREME COURT OF THE STATE OF NEW YORK Index No.: 150441/2021 COUNTY OF RICHMOND PEARL DELTA FUNDING, LLC, VERIFICATION Plaintiff, BY A PARTY -against- ROSSER ENTERPRISE LLC and ROSSER CATASTROPHE SERVICES and ROSSER ROOFING SOLUTIONS and MR. ROOFER LLC and JOHNATHON ROSSER, 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 February 26, 2021, 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 6 7 of 11 8 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND PEARL DELTA FUNDING, LLC, Index No.: 150441/2021 Plaintiff, -against- ROSSER ENTERPRISE LLC and ROSSER CATASTROPHE SERVICES and ROSSER ROOFING SOLUTIONS and MR. ROOFER LLC and JOHNATHON ROSSER, 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. Page 1 of 2 8 of 11 9 10 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 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: February 26, 2021 Theodore Jon Cohen, Esq. Attorney for Plaintiff 112 West 34th Street, 18th Floor, PMB 27813 New York, New York 10120 Phone: (347) 899-4192 Email: legal@abfservicing.com To: ROSSER ENTERPRISE LLC, 2406 E New York Avenue, Deland, Florida 32724 ROSSER CATASTROPHE SERVICES, 2406 E New York Avenue, Deland, Florida 32724 ROSSER ROOFING SOLUTIONS, 2406 E New York Avenue, Deland, Florida 32724 MR. ROOFER LLC, 2406 E New York Avenue, Deland, Florida 32724 JOHNATHON ROSSER, 2406 E New York Avenue, Deland, Florida 32724 Page 2 of 2 10 9 of of 10 11 FILED: RICHMOND COUNTY CLERK 06/26/2021 02/26/2021 03:05 04:19 PM INDEX NO. 150441/2021 NYSCEF DOC. NO. 10 1 RECEIVED NYSCEF: 06/26/2021 02/26/2021 Index No. 150441/2021 Year: 2021 Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND PEARL DELTA FUNDING, LLC, Plaintiff, -against- ROSSER ENTERPRISE LLC and ROSSER CATASTROPHE SERVICES and ROSSER ROOFING SOLUTIONS and MR. ROOFER LLC and JOHNATHON ROSSER, Defendants. SUMMONS, VERIFIED COMPLAINT and NOTICE OF ELECTRONIC FILING Theodore Jon Cohen, Esq. Attorney for Plaintiff Office and Post Office Address, Telephone 112 West 34th Street, 18th Floor, PMB 27813 New York, New York 10120 Phone: (347) 899-4192 Email: legal@abfservicing.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: February 26, 2021 Theodore Jon Cohen, Esq. To: Attorney(s) for Service of a copy of the within is hereby admitted. Dated: Attorney(s) for 10 of 11 11 10