On February 20, 2024 a
Motion-Secondary
was filed
involving a dispute between
Five Star Bank,
and
Janet Carey,
for Other Matters - Contract - Other
in the District Court of Monroe County.
Preview
INDEX NO. E2024003210
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/20/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3748699
Book Page CIVIL
Return To: No. Pages: 4
MOLLY BAYLISS
Instrument: AFFIDAVIT IN SUPPORT
Control #: 202402200826
Index #: E2024003210
Date: 02/20/2024
Five Star Bank Time: 10:20:23 AM
Carey, Janet
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
MINNA
lof4
FREERSMONROE COUNTY CLERK 0272072024 09:21 AM INDE&& NOE 2624024208210
NYSCEF DOC. NO. RECEIVED NYSCEF: 02/20/2024
STATE OF NEW YORK
SUPREME COURT
COUNTY OF MONROE
CLIENT AFFIDAVIT
Five Star Bank
Plaintiff, Index No.:
VS,
Janet Carey
Defendant.
STATE OF NEW YORK)
COUNTY OF MONROE) SS:
Douglas A. Roach, being duly sworn, deposes and says:
1 1 am Assistant Vice President of Recoveries for Five Star Bank (“Plaintiff”). the
Plaintiff in the above-captioned matter. I am fully familiar with this action based upon my
review of Plaintiff's books and records, which are and were made in the regular course of
business, as well as upon my own personal knowledge and investigation into this matter.
2. Among other financial transactions, Plaintiff provides financing for equipment to
individuals.
3 On or about March 18, 2021, Geneva Scott purchased a 2021 KIA Seltos VIN #:
KNDEUCAAS5M7170631 (the “Collateral”) by virtue ofa Retail Installment Contract. dated
March 18, 2021 (the “Contract”). A copy of the Contract is appended hereto as Exhibit “A”.
4. Plaintiff perfected their lien interest in the Collateral. A copy of a report obtained
which sets forth Plaintiff as the lienholder and the associated Department of Motor Collateral
Lien Status is appended hereto as Exhibit “B”.
2 0f 4
INDEEXNG
E 2820103208210
FLEES *MONROE COUNTY CLERK 0272072024 09:21 AM
NYSCEF DOC. NO. RECEIVED NYSCEF: 02/20/2024
5 Geneva Scott is currently in default for the payment due and owing as of August |.
2023 for the 2021 KIA Seltos VIN #: KNDEUCAA5M717063] and for each and every payment
thereafter. A copy of the pay history is appended hereto as Exhibit “C”.
6 As December 19, 2023, the balance due under the Contract is $11,595.92, with
interest accruing at a rate of 7.19% per annum.
7 Upon information and belief, Geneva Scott passed away on January 7, 2023. A copy
of the death certificate is appended hereto as Exhibit “D”.
8. Upon information and belief, Defendant, Janet Carey, is in possession of the subject
Collateral.
9. Plaintiff has attempted to peacefully recover possession of the Collateral or for
Defendant to remit payment. However, Defendant have yet to comply with Plaintiff's lawful
demands.
10. Specifically, Defendant has failed to respond to Plaintiff's requests for surrender or
payment. Additionally, the Collateral is focked in at the property located at 755 Elmwoad
Terrace, Rochester, NY 14620 and Plaintiff
is not able to obtain it,
11. Plaintiff has attempted to peacefully recover possession of the Collateral to no avail.
12. Ifan Order of Seizure is not granted, it is likely. based upon Defendant's conduct in
not allowing the repossession of the Collateral, that the Collateral will become unavailable for
seizure by reason of being transferred, concealed, disposed of, or removed from the state. or will
become substantially impaired in value. See CPLR Section 7102(c)(7).
13. Plaintiff has not applied for any other provisional remedies in this action.
14. No prior motion has been made for the relief sought herein.
1S. There are no known defenses to this action.
3 0f 4
INDEEXNG
E 2820103208210
NYSCEF BOC. NO. RECEIVED NYSCEF: 02/20/2024
WHEREFORE, Plaintiff respectfully demands the Court grant the following relief:
A Granting Plaintiff
an Order of Seizure directing the Sheriff of Monroe County or
any County within the State of New York to take possession of the Collateral for
plaintiffs benefit, and
Issuing a Temporary Restraining Order prohibiting Defendant from selling or
otherwise disposing of the Collateral during the pendency of this action and
BE
Namé: Douglas A. Roach
Title: Assistant Vice President of Recoveries
Sworn to me on the iat
day of February.ys 2024
vnak
Notary Public
DEBRA KIME
NOTARY PUBLIC, STATEOF NEW YORK
Registration No. 01K 16124899
Qualified in Monroe py,
My Commission Expires 4-
4 of 4
Document Filed Date
February 20, 2024
Case Filing Date
February 20, 2024
Category
Other Matters - Contract - Other
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Preview
INDEX NO. E2024003210 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/20/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3748699 Book Page CIVIL Return To: No. Pages: 4 MOLLY BAYLISS Instrument: AFFIDAVIT IN SUPPORT Control #: 202402200826 Index #: E2024003210 Date: 02/20/2024 Five Star Bank Time: 10:20:23 AM Carey, Janet Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK MINNA lof4 FREERSMONROE COUNTY CLERK 0272072024 09:21 AM INDE&& NOE 2624024208210 NYSCEF DOC. NO. RECEIVED NYSCEF: 02/20/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MONROE CLIENT AFFIDAVIT Five Star Bank Plaintiff, Index No.: VS, Janet Carey Defendant. STATE OF NEW YORK) COUNTY OF MONROE) SS: Douglas A. Roach, being duly sworn, deposes and says: 1 1 am Assistant Vice President of Recoveries for Five Star Bank (“Plaintiff”). the Plaintiff in the above-captioned matter. I am fully familiar with this action based upon my review of Plaintiff's books and records, which are and were made in the regular course of business, as well as upon my own personal knowledge and investigation into this matter. 2. Among other financial transactions, Plaintiff provides financing for equipment to individuals. 3 On or about March 18, 2021, Geneva Scott purchased a 2021 KIA Seltos VIN #: KNDEUCAAS5M7170631 (the “Collateral”) by virtue ofa Retail Installment Contract. dated March 18, 2021 (the “Contract”). A copy of the Contract is appended hereto as Exhibit “A”. 4. Plaintiff perfected their lien interest in the Collateral. A copy of a report obtained which sets forth Plaintiff as the lienholder and the associated Department of Motor Collateral Lien Status is appended hereto as Exhibit “B”. 2 0f 4 INDEEXNG E 2820103208210 FLEES *MONROE COUNTY CLERK 0272072024 09:21 AM NYSCEF DOC. NO. RECEIVED NYSCEF: 02/20/2024 5 Geneva Scott is currently in default for the payment due and owing as of August |. 2023 for the 2021 KIA Seltos VIN #: KNDEUCAA5M717063] and for each and every payment thereafter. A copy of the pay history is appended hereto as Exhibit “C”. 6 As December 19, 2023, the balance due under the Contract is $11,595.92, with interest accruing at a rate of 7.19% per annum. 7 Upon information and belief, Geneva Scott passed away on January 7, 2023. A copy of the death certificate is appended hereto as Exhibit “D”. 8. Upon information and belief, Defendant, Janet Carey, is in possession of the subject Collateral. 9. Plaintiff has attempted to peacefully recover possession of the Collateral or for Defendant to remit payment. However, Defendant have yet to comply with Plaintiff's lawful demands. 10. Specifically, Defendant has failed to respond to Plaintiff's requests for surrender or payment. Additionally, the Collateral is focked in at the property located at 755 Elmwoad Terrace, Rochester, NY 14620 and Plaintiff is not able to obtain it, 11. Plaintiff has attempted to peacefully recover possession of the Collateral to no avail. 12. Ifan Order of Seizure is not granted, it is likely. based upon Defendant's conduct in not allowing the repossession of the Collateral, that the Collateral will become unavailable for seizure by reason of being transferred, concealed, disposed of, or removed from the state. or will become substantially impaired in value. See CPLR Section 7102(c)(7). 13. Plaintiff has not applied for any other provisional remedies in this action. 14. No prior motion has been made for the relief sought herein. 1S. There are no known defenses to this action. 3 0f 4 INDEEXNG E 2820103208210 NYSCEF BOC. NO. RECEIVED NYSCEF: 02/20/2024 WHEREFORE, Plaintiff respectfully demands the Court grant the following relief: A Granting Plaintiff an Order of Seizure directing the Sheriff of Monroe County or any County within the State of New York to take possession of the Collateral for plaintiffs benefit, and Issuing a Temporary Restraining Order prohibiting Defendant from selling or otherwise disposing of the Collateral during the pendency of this action and BE Namé: Douglas A. Roach Title: Assistant Vice President of Recoveries Sworn to me on the iat day of February.ys 2024 vnak Notary Public DEBRA KIME NOTARY PUBLIC, STATEOF NEW YORK Registration No. 01K 16124899 Qualified in Monroe py, My Commission Expires 4- 4 of 4