Preview
FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTYOF ERIE STATE OF NEW YORK
FIVE STAR BANK
100 Chestnut Street
Rochester, NY 14604
SUMMONS
VS.
SHAWN P. THOMAS
Case No.:
404 Ellicott Creek Road
Tonawanda, NY 14150,
Defendant.
To The Above Named Defendant:
YOU ARE HEREBY SUMMONEDto answer the Complaintin this action and to serve a copy of
your Answer on Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive
of the day of service, or within thirty (30) days after service is completed if this Summonsis not
personally delivered to you within the State of New York. In case of your failure to appear or answer,
judgmentwill be taken against you by default for the relief demanded in the Complaint.
Plaintiff designates Erie County as the place of trial. The basis of venue is the place of
transaction. Defendant resides in the County of Erie, New York. The consumercredit transaction took
place in Erie County, New York. Plaintiff maintains a place of business at 100 Chestnut Street, Rochester,
NY 14604.
Dated: December21, 2023 dn “|/)
John é/WEAtidrew, Esq.
Rochester, New York
WOODS OVIATT GILMAN LLP
Attorneysfor Plaintiff
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
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FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024
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IMPORTANT NOTICE
Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices
Act. That notice concerns your dealings with us as a debt collector. It does not affect your dealings with
the Court, andin particular, it does not change the time in which you must answerthis complaint. This
legal pleading is a command from the Court, and you must followits instructions and respond within the
time period set forth in the summons, even if you dispute the validity or amountof the debtasset forth in
the validation notice. The validation notice also does not affect our relations with the Court. As a law
firm, we mayfile papersin this suit according to the Court’s rules and the Judge’s instructions.
Weare a debt collector, and this is an attemptto collect a debt. Any information we obtain will be
used for that purpose.
If you have any questions regarding this matter please contact LORI PFEIL AT 1- 888-757-7553 OR 1-585-
987-2800 ext. 2856.
(9406369:}
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SUPREME COURT
COUNTY OF ERIE STATE OF NEW YORK
FIVE STAR BANK,
VERIFIED
Plaintiff, COMPLAINT
vs.
SHAWN P. THOMAS, Case No.:
Defendant.
Plaintiff, Five Star Bank, by its attorneys Woods Oviatt Gilman LLP, for its Verified
Complaint against defendant, alleges that:
THE PARTIES:
1. Plaintiff is a New York bank authorized to do business in the State of New York,
with an office located in the County of Monroe at 100 Chestnut Street, Rochester, NY 14604.
2. Upon information and belief, defendant SHAWN P. THOMAS (hereinafter
"Defendant") is an individual and resides in the County of Erie, and State of New York.
THE LOAN AGREEMENT:
3. On August 13, 2022, Defendant signed and entered into an installment Auto Loan
Agreement (“Agreement”) a true copy of which is attached hereto as Exhibit A.
4. Pursuant to the terms of the Agreement Defendant agreed to pay Plaintiff the total
amount of $47,177.76 in 84 equal monthly installments of $561.64, which includesinterest (as
calculated at the contractual rate of 16.74% per annum onthe principal sum).
5. The last four digits of the Defendant's account number with Plaintiff is
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6. Pursuant to the terms of the Agreement, the Defendant agreed to repay the sums
advanced and due under the Agreement directly to Plaintiff and Plaintiff is the original creditor
identified in the Agreement.
7, By its terms, upon the execution of the Agreement, the Agreement was
immediately assigned from the Selleridentified in the Agreementto Plaintiff.
8. Plaintiff is the owner and holderof the Agreement.
THE DEFAULT:
9, Defendant breached the Agreement by failing to make the required payments in
|
accordance with the terms of the Agreement, which is an event of default underthe termsofthe
Agreement(the "Default"),
10, The last payment on the Agreement was made on April 24, 2023 in the amount of
$570.00.
11. Due to the Default, Plaintiff accelerated the unpaid balance due under the
Agreement.
12. Despite due demand, the Defendant has failed to- pay the balance remaining
unpaid on the Agreement.
THE AMOUNT DUE:
13, After application of any applicable credits, the principal sum of $1,047.14,
accrued interest of $1,161.48, late charges of $247.95, account charges of $150.00, plus per diem
interest of $0.48 from November 21, 2023, the unpaid balance on the Agreement, remains due to
Plaintiff (the "Indebtedness").
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AS AND FORA FIRST CAUSE OF ACTION
14. Plaintiff repeats and realleges each and every allegation contained in the preceding
paragraphsas thoughfully set forth herein.
15. Pursuant to the terms of the Agreement, in the event of default, Defendant agreed
to pay Plaintiff all sums due and owing under the Agreement.
16. Defendant remains in default under the terms of the Agreement and hasfailed to
pay Plaintiff all sums due and owing under the Agreement.
17. Due to the Defendant's breach of the Agreement, Plaintiff has been damaged in
the amountof the Indebtedness.
18. Defendant owes Plaintiff the Indebtedness, as set forth hereinabove and Plaintiff
is entitled to a judgment against the Defendant for such sum.
| AS AND FOR A SECOND CAUSE OF ACTION
19, Plaintiff repeats and realleges each and every allegation contained in the preceding
paragraphsas thoughfully set forth herein.
20. Pursuant to the terms of the Agreement, in the event of default, Defendant agreed
to pay Plaintiffs costs and attorney fees for collection of the amounts due under the Agreement.
21. Defendant owesPlaintiff costs and attorney's fees in an amountto be determined by
the Court.
WHEREFORE,Plaintiff respectfully demands judgmentagainst the Defendant as follows:
A. On the first cause of action, the principal sum of $1,047.14, accrued interest of
$1,161.48, late charges of $247.95 and account charges of $150.00 plus per diem interest of
$0.48 from November21, 2023 until the entry ofjudgment;
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B. On the second cause of action, for costs and attorney's fees as determined by the
Court;
C. Granting such other and furtherrelief as the Court degms just and proper.
f
Dated: December 21, 21, 2023
ated: December By: Ly
Ly 4 7)
Rochester, New York . John McAndrew; Esq.
WOODSGVIATT GILMAN LLP
Atto néysJor Plaintiff
Of; ee and Post Office Address:
1900 Bausch & LombPlace
Rochester, NY 14604
Tel: 585.987.2800
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VERIFICATION
STATE OF NEW YORK)
COUNTY OF MONROE) SS:
Douglas A. Roach, being duly sworn, deposes and says that he is an Assistant Vice
President for Five Star Bank, the financial institution in the within entitled action; that he has
read the foregoing complaint and knows the contents thereof; that the same is true to his own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
as to those matters he believes them to be true.
Ze AZ
Douglas A. Roach
Sworn to before me on this
eticd day of We SBE, 2023.
: Notary PubligSe" Fe
LORILEE J. PFEIL
Notary Public, State of New York
Qualified in Monroe County
Reg. No. 01PF4972161
Commission Expires September 17, 2026
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Preview
FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTYOF ERIE STATE OF NEW YORK FIVE STAR BANK 100 Chestnut Street Rochester, NY 14604 SUMMONS VS. SHAWN P. THOMAS Case No.: 404 Ellicott Creek Road Tonawanda, NY 14150, Defendant. To The Above Named Defendant: YOU ARE HEREBY SUMMONEDto answer the Complaintin this action and to serve a copy of your Answer on Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is completed if this Summonsis not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgmentwill be taken against you by default for the relief demanded in the Complaint. Plaintiff designates Erie County as the place of trial. The basis of venue is the place of transaction. Defendant resides in the County of Erie, New York. The consumercredit transaction took place in Erie County, New York. Plaintiff maintains a place of business at 100 Chestnut Street, Rochester, NY 14604. Dated: December21, 2023 dn “|/) John é/WEAtidrew, Esq. Rochester, New York WOODS OVIATT GILMAN LLP Attorneysfor Plaintiff Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 {9406369: } 1 of 7 FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024 IMPORTANT NOTICE Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices Act. That notice concerns your dealings with us as a debt collector. It does not affect your dealings with the Court, andin particular, it does not change the time in which you must answerthis complaint. This legal pleading is a command from the Court, and you must followits instructions and respond within the time period set forth in the summons, even if you dispute the validity or amountof the debtasset forth in the validation notice. The validation notice also does not affect our relations with the Court. As a law firm, we mayfile papersin this suit according to the Court’s rules and the Judge’s instructions. Weare a debt collector, and this is an attemptto collect a debt. Any information we obtain will be used for that purpose. If you have any questions regarding this matter please contact LORI PFEIL AT 1- 888-757-7553 OR 1-585- 987-2800 ext. 2856. (9406369:} 2 of 7 FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024 SUPREME COURT COUNTY OF ERIE STATE OF NEW YORK FIVE STAR BANK, VERIFIED Plaintiff, COMPLAINT vs. SHAWN P. THOMAS, Case No.: Defendant. Plaintiff, Five Star Bank, by its attorneys Woods Oviatt Gilman LLP, for its Verified Complaint against defendant, alleges that: THE PARTIES: 1. Plaintiff is a New York bank authorized to do business in the State of New York, with an office located in the County of Monroe at 100 Chestnut Street, Rochester, NY 14604. 2. Upon information and belief, defendant SHAWN P. THOMAS (hereinafter "Defendant") is an individual and resides in the County of Erie, and State of New York. THE LOAN AGREEMENT: 3. On August 13, 2022, Defendant signed and entered into an installment Auto Loan Agreement (“Agreement”) a true copy of which is attached hereto as Exhibit A. 4. Pursuant to the terms of the Agreement Defendant agreed to pay Plaintiff the total amount of $47,177.76 in 84 equal monthly installments of $561.64, which includesinterest (as calculated at the contractual rate of 16.74% per annum onthe principal sum). 5. The last four digits of the Defendant's account number with Plaintiff is (9406369: } 3 of 7 FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024 6. Pursuant to the terms of the Agreement, the Defendant agreed to repay the sums advanced and due under the Agreement directly to Plaintiff and Plaintiff is the original creditor identified in the Agreement. 7, By its terms, upon the execution of the Agreement, the Agreement was immediately assigned from the Selleridentified in the Agreementto Plaintiff. 8. Plaintiff is the owner and holderof the Agreement. THE DEFAULT: 9, Defendant breached the Agreement by failing to make the required payments in | accordance with the terms of the Agreement, which is an event of default underthe termsofthe Agreement(the "Default"), 10, The last payment on the Agreement was made on April 24, 2023 in the amount of $570.00. 11. Due to the Default, Plaintiff accelerated the unpaid balance due under the Agreement. 12. Despite due demand, the Defendant has failed to- pay the balance remaining unpaid on the Agreement. THE AMOUNT DUE: 13, After application of any applicable credits, the principal sum of $1,047.14, accrued interest of $1,161.48, late charges of $247.95, account charges of $150.00, plus per diem interest of $0.48 from November 21, 2023, the unpaid balance on the Agreement, remains due to Plaintiff (the "Indebtedness"). (9406369: } 4 of 7 FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024 AS AND FORA FIRST CAUSE OF ACTION 14. Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphsas thoughfully set forth herein. 15. Pursuant to the terms of the Agreement, in the event of default, Defendant agreed to pay Plaintiff all sums due and owing under the Agreement. 16. Defendant remains in default under the terms of the Agreement and hasfailed to pay Plaintiff all sums due and owing under the Agreement. 17. Due to the Defendant's breach of the Agreement, Plaintiff has been damaged in the amountof the Indebtedness. 18. Defendant owes Plaintiff the Indebtedness, as set forth hereinabove and Plaintiff is entitled to a judgment against the Defendant for such sum. | AS AND FOR A SECOND CAUSE OF ACTION 19, Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphsas thoughfully set forth herein. 20. Pursuant to the terms of the Agreement, in the event of default, Defendant agreed to pay Plaintiffs costs and attorney fees for collection of the amounts due under the Agreement. 21. Defendant owesPlaintiff costs and attorney's fees in an amountto be determined by the Court. WHEREFORE,Plaintiff respectfully demands judgmentagainst the Defendant as follows: A. On the first cause of action, the principal sum of $1,047.14, accrued interest of $1,161.48, late charges of $247.95 and account charges of $150.00 plus per diem interest of $0.48 from November21, 2023 until the entry ofjudgment; (9406369:} 5 of 7 FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024 B. On the second cause of action, for costs and attorney's fees as determined by the Court; C. Granting such other and furtherrelief as the Court degms just and proper. f Dated: December 21, 21, 2023 ated: December By: Ly Ly 4 7) Rochester, New York . John McAndrew; Esq. WOODSGVIATT GILMAN LLP Atto néysJor Plaintiff Of; ee and Post Office Address: 1900 Bausch & LombPlace Rochester, NY 14604 Tel: 585.987.2800 {9406369:} 6 of 7 FILED: ERIE COUNTY CLERK 01/02/2024 05:06 PM INDEX NO. 800094/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/02/2024 VERIFICATION STATE OF NEW YORK) COUNTY OF MONROE) SS: Douglas A. Roach, being duly sworn, deposes and says that he is an Assistant Vice President for Five Star Bank, the financial institution in the within entitled action; that he has read the foregoing complaint and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes them to be true. Ze AZ Douglas A. Roach Sworn to before me on this eticd day of We SBE, 2023. : Notary PubligSe" Fe LORILEE J. PFEIL Notary Public, State of New York Qualified in Monroe County Reg. No. 01PF4972161 Commission Expires September 17, 2026 {9406369: } 7 of 7