Preview
FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTY OF STEUBEN STATE OF NEW YORK
SERVU FEDERAL CREDIT UNION
9823 Science Center Drive
Painted Post, NY 14870,
Plaintiff,
SUMMONS
vs.
JOSEPH M. BUTTON Case No.:
512 West High Street ”
Painted Post, NY 14870,
Defendant.
To The Above Named Defendant:
YOU ARE HEREBY SUMMONEDto answer the Complaint in this action and to serve a copy of
your Answeron Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive
of the dayof ‘service, or within thirty (30) days after service is completedif this Summons is not
personally delivered to you within the State of New York. In case of yourfailure to appear or answer,
judgmentwill be taken against you by default for the relief demanded in the Complaint.
Plaintiff designates Steuben County as the place oftrial. The basis of venueis the place of
transaction. Defendant resides in the County of Steuben, New York. The consumercredit transaction
took place in Steuben County, New York. Plaintiff maintains a place of business at 9823 Science Center
Drive, Painted Post, NY 14870.
Dated: April @& , 2024 By: WAIL ALS"
Rochester, New York John K. McAndrew, Esq.
Khalil H. Williams, Esq.
Khalid O. Vrede, Esq.
WOODS OVIATT GILMAN LLP
Attorneysfor Plaintiff
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
(9494799: }
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FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
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, and in particular, it does not change the time in which you must answer this complaint. This
legal pleading is a command from the Court, and you mustfollow its instructions and respond within the
time period set forth in the summons, even if you dispute the validity or amountof the debtas set forth in
the validation notice. The validation notice also does notaffect our relations with the Court. As a law
firm, we mayfile papers in this suit according to the Court’s rules and the Judge’s instructions.
Weare a debt collector, and this is an attempt to collect a debt. Any information weobtain will be
used for that purpose.
If you have any questions regarding this matter please contact LORI PFEIL AT1- 888-757-7553 OR 1-585-
987-2800 ext. 2856.
(9494799:}
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FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
SUPREME COURT
COUNTY OF STEUBEN STATE OF NEW YORK
SERVU FEDERAL CREDIT UNION,
VERIFIED
Plaintiff, COMPLAINT
VS.
JOSEPH M. BUTTON, Case No.:
Defendant.
Plaintiff, SERVU FEDERAL CREDIT UNION,byits attorneys Woods Oviatt Gilman
LLP,for its Verified Complaint against defendant, alleges that:
THE PARTIES:
1, Plaintiff is a federal credit union authorized to do business in the State of New
York. a - . -. _ . 7 _
2. Upon information and belief, defendant JOSEPH M. BUTTON (hereinafter
"Defendant") is an individual and resides in the County of Steuben, and State of New York.
THE LOAN AGREEMENT:
3. On April 18, 2018, Defendant signed and entered into a Loan and Security
Agreements and Disclosure Statement (“Agreement”) a true copy of which is attached hereto as
Exhibit A.
4. Pursuantto the terms of the Agreement Defendant agreed to pay Plaintiff the total
amount of $20,272.55 in 59 equal monthly installments of $337.88, followed by final payment
of $337.63, which includes interest (as calculated at the contractual rate of 2.74% per annum on
the principal sum).
(9494799: }
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FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
5. The last four digits of the Defendant's account number with Plaintiff is ****4-
144.
6. Pursuant to the terms of the Agreement, the Defendant agreed to repay the sums
advanced and due under the Agreementdirectly to Plaintiff and Plaintiff is the original creditor
identified in the Agreement.
7. Plaintiff is the owner and holder of the Agreement.
THE DEFAULT:
8. 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 under the terms of the
Agreement(the "Default").
9. The last payment on the Agreement was made on June 28, 2023 in the amount of
$100.00. _ Be
10. Due to the Default, Plaintiff accelerated the unpaid balance due under the
Agreement.
THE REPOSSESSION AND SALE OF THE COLLATERAL:
11. Due to the Default, Plaintiff exercised its right to repossess and sell the collateral
identified in the Agreement(the "Collateral").
12. Plaintiff timely provided the Defendant with all required notices both before and
after the sale of the Collateral and Plaintiff's sale of the Collateral was commercially reasonable
in all respects.
13. Plaintiff applied the net proceeds from the sale of the Collateral in reduction of
the sums due on the Agreementand there remains an unpaid balance due on the Agreement.
(9494799: }
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FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
14. Plaintiff provided a written notice and explanation of the deficiency remaining
unpaid on the Agreement and a demand for payment of such sum to the Defendant.
15. Despite due demand, the Defendant has failed to pay the deficiency remaining
unpaid on the Agreement.
THE AMOUNTDUE:
16. After application of any applicable credits, the principal sum of $4,341.61, plus
per diem interest of $0.33 from October 31, 2023, the unpaid balance on the Agreement, remains
due to Plaintiff (the "Indebtedness").
AS AND FORA FIRST CAUSE OF ACTION
17. Plaintiff repeats and realleges each and every allegation contained in the preceding
paragraphsas thoughfully set forth herein.
18. Pursuantto the terms of the Agreement,in the event of default, Defendant agreed
to pay Plaintiff all sums due and owing under the Agreement.
19. Defendant remains in default under the terms of the Agreement and hasfailed to
pay Plaintiff all sums due and owing under the Agreement.
20. Due to the Defendant's breach of the Agreement, Plaintiff has been damaged in
the amountof the Indebtedness.
21. | 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
22. | Plaintiff repeats and realleges each and everyallegation contained in the preceding
paragraphsas thoughfully set forth herein.
(9494799: }
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FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
23. Pursuant to the terms of the Agreement, in the event of default, Defendant agreed
to pay Plaintiff's costs and attorney fees for collection of the amounts due under the Agreement.
24. Defendant owesPlaintiff costs and attorney's fees in an amountto be determined by
the Court.
WHEREFORE, Plaintiff respectfully demands judgment against the Defendantas follows:
A. Onthefirst cause of action, the principal sum of $4,341.61, plus per diem interest
of $0.33 from October 31, 2023 until the entry ofjudgment;
B. On the second cause of action, for costs and attorney's fees as determined by the
Court;
C. Granting such otherand further relief as the Court deems just and proper.
Dated: 1G , 2024 By: 7
Rochester, New York John K. McAndrew,Esq.
Khalil H. Williams, Esq.
Khalid O. Vrede, Esq.
WOODSOVIATT GILMAN LLP
Attorneysfor Plaintiff
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
{9494799:}
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FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024
VERIFICATION
STATE OF NEW YORK)
COUNTY OF MONROE) ss:
The undersigned, an attorney admitted to practice in the courts of New York
State, shows: that Deponent is the attorney of record for Plaintiffs in the within action; ‘that
Deponent has read the foregoing Complaint and knowsthe contents thereof; that the sameis true
to Deponent's own knowledge, except as to the matters therein stated to be alleged on
information and belief, and that as to those matters Deponent believes it to be true. Deponent
further says that the reason this verification is made by Deponent and not by Plaintiffs is that
Plaintiffs are not located in the county in which your Deponenthasanoffice.
The undersigned affirms that the foregoing statements are true, under penalties of
perjury.
Khalil H. Williams, Esq.
Sworn to before me this
-
Lip cy of hal
: 7 7
, 2024,
a
L
BAot B oo neces
LORILEE J. PFEIL
Notary Public, State of New York
Qualified in Monroe County
Reg. No. 01PF4972161
Commission Expires September 17, 2026
{9494799: }
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Preview
FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTY OF STEUBEN STATE OF NEW YORK SERVU FEDERAL CREDIT UNION 9823 Science Center Drive Painted Post, NY 14870, Plaintiff, SUMMONS vs. JOSEPH M. BUTTON Case No.: 512 West High Street ” Painted Post, NY 14870, Defendant. To The Above Named Defendant: YOU ARE HEREBY SUMMONEDto answer the Complaint in this action and to serve a copy of your Answeron Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the dayof ‘service, or within thirty (30) days after service is completedif this Summons is not personally delivered to you within the State of New York. In case of yourfailure to appear or answer, judgmentwill be taken against you by default for the relief demanded in the Complaint. Plaintiff designates Steuben County as the place oftrial. The basis of venueis the place of transaction. Defendant resides in the County of Steuben, New York. The consumercredit transaction took place in Steuben County, New York. Plaintiff maintains a place of business at 9823 Science Center Drive, Painted Post, NY 14870. Dated: April @& , 2024 By: WAIL ALS" Rochester, New York John K. McAndrew, Esq. Khalil H. Williams, Esq. Khalid O. Vrede, Esq. WOODS OVIATT GILMAN LLP Attorneysfor Plaintiff Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 (9494799: } 1 of 7 FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 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, and in particular, it does not change the time in which you must answer this complaint. This legal pleading is a command from the Court, and you mustfollow its instructions and respond within the time period set forth in the summons, even if you dispute the validity or amountof the debtas set forth in the validation notice. The validation notice also does notaffect our relations with the Court. As a law firm, we mayfile papers in this suit according to the Court’s rules and the Judge’s instructions. Weare a debt collector, and this is an attempt to collect a debt. Any information weobtain will be used for that purpose. If you have any questions regarding this matter please contact LORI PFEIL AT1- 888-757-7553 OR 1-585- 987-2800 ext. 2856. (9494799:} 2 of 7 FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 SUPREME COURT COUNTY OF STEUBEN STATE OF NEW YORK SERVU FEDERAL CREDIT UNION, VERIFIED Plaintiff, COMPLAINT VS. JOSEPH M. BUTTON, Case No.: Defendant. Plaintiff, SERVU FEDERAL CREDIT UNION,byits attorneys Woods Oviatt Gilman LLP,for its Verified Complaint against defendant, alleges that: THE PARTIES: 1, Plaintiff is a federal credit union authorized to do business in the State of New York. a - . -. _ . 7 _ 2. Upon information and belief, defendant JOSEPH M. BUTTON (hereinafter "Defendant") is an individual and resides in the County of Steuben, and State of New York. THE LOAN AGREEMENT: 3. On April 18, 2018, Defendant signed and entered into a Loan and Security Agreements and Disclosure Statement (“Agreement”) a true copy of which is attached hereto as Exhibit A. 4. Pursuantto the terms of the Agreement Defendant agreed to pay Plaintiff the total amount of $20,272.55 in 59 equal monthly installments of $337.88, followed by final payment of $337.63, which includes interest (as calculated at the contractual rate of 2.74% per annum on the principal sum). (9494799: } 3 of 7 FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 5. The last four digits of the Defendant's account number with Plaintiff is ****4- 144. 6. Pursuant to the terms of the Agreement, the Defendant agreed to repay the sums advanced and due under the Agreementdirectly to Plaintiff and Plaintiff is the original creditor identified in the Agreement. 7. Plaintiff is the owner and holder of the Agreement. THE DEFAULT: 8. 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 under the terms of the Agreement(the "Default"). 9. The last payment on the Agreement was made on June 28, 2023 in the amount of $100.00. _ Be 10. Due to the Default, Plaintiff accelerated the unpaid balance due under the Agreement. THE REPOSSESSION AND SALE OF THE COLLATERAL: 11. Due to the Default, Plaintiff exercised its right to repossess and sell the collateral identified in the Agreement(the "Collateral"). 12. Plaintiff timely provided the Defendant with all required notices both before and after the sale of the Collateral and Plaintiff's sale of the Collateral was commercially reasonable in all respects. 13. Plaintiff applied the net proceeds from the sale of the Collateral in reduction of the sums due on the Agreementand there remains an unpaid balance due on the Agreement. (9494799: } 4 of 7 FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 14. Plaintiff provided a written notice and explanation of the deficiency remaining unpaid on the Agreement and a demand for payment of such sum to the Defendant. 15. Despite due demand, the Defendant has failed to pay the deficiency remaining unpaid on the Agreement. THE AMOUNTDUE: 16. After application of any applicable credits, the principal sum of $4,341.61, plus per diem interest of $0.33 from October 31, 2023, the unpaid balance on the Agreement, remains due to Plaintiff (the "Indebtedness"). AS AND FORA FIRST CAUSE OF ACTION 17. Plaintiff repeats and realleges each and every allegation contained in the preceding paragraphsas thoughfully set forth herein. 18. Pursuantto the terms of the Agreement,in the event of default, Defendant agreed to pay Plaintiff all sums due and owing under the Agreement. 19. Defendant remains in default under the terms of the Agreement and hasfailed to pay Plaintiff all sums due and owing under the Agreement. 20. Due to the Defendant's breach of the Agreement, Plaintiff has been damaged in the amountof the Indebtedness. 21. | 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 22. | Plaintiff repeats and realleges each and everyallegation contained in the preceding paragraphsas thoughfully set forth herein. (9494799: } 5 of 7 FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 23. Pursuant to the terms of the Agreement, in the event of default, Defendant agreed to pay Plaintiff's costs and attorney fees for collection of the amounts due under the Agreement. 24. Defendant owesPlaintiff costs and attorney's fees in an amountto be determined by the Court. WHEREFORE, Plaintiff respectfully demands judgment against the Defendantas follows: A. Onthefirst cause of action, the principal sum of $4,341.61, plus per diem interest of $0.33 from October 31, 2023 until the entry ofjudgment; B. On the second cause of action, for costs and attorney's fees as determined by the Court; C. Granting such otherand further relief as the Court deems just and proper. Dated: 1G , 2024 By: 7 Rochester, New York John K. McAndrew,Esq. Khalil H. Williams, Esq. Khalid O. Vrede, Esq. WOODSOVIATT GILMAN LLP Attorneysfor Plaintiff Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 {9494799:} 6 of 7 FILED: STEUBEN COUNTY CLERK 04/09/2024 04:38 PM INDEX NO. E2024-0400CV NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/09/2024 VERIFICATION STATE OF NEW YORK) COUNTY OF MONROE) ss: The undersigned, an attorney admitted to practice in the courts of New York State, shows: that Deponent is the attorney of record for Plaintiffs in the within action; ‘that Deponent has read the foregoing Complaint and knowsthe contents thereof; that the sameis true to Deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters Deponent believes it to be true. Deponent further says that the reason this verification is made by Deponent and not by Plaintiffs is that Plaintiffs are not located in the county in which your Deponenthasanoffice. The undersigned affirms that the foregoing statements are true, under penalties of perjury. Khalil H. Williams, Esq. Sworn to before me this - Lip cy of hal : 7 7 , 2024, a L BAot B oo neces LORILEE J. PFEIL Notary Public, State of New York Qualified in Monroe County Reg. No. 01PF4972161 Commission Expires September 17, 2026 {9494799: } 7 of 7