On May 13, 2024 a
SUMMONS + COMPLAINT
was filed
involving a dispute between
Sunmark Credit Union
Formerly Known As Sunmark Federal Credit Union,
and
Clifton Dorrough,
Robert Dorrough,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Schoharie County.
Preview
FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024
File #565788L cag
CONSUMER
CREDITTRANSACTION
STATEOFNEWYORK, SUPREME
COURT
COUNTY
OFSCHOHARIE
.._______________.......________________.......___________.......____
Sunmark Credit Union (formerly known as Sunmark
Federal Credit Union).
Plaintiff.
S U MMO N S
INDEX NO.:
Date Filed:
The basis of the venue designated is:
-against-
[X] The Defendant. Robert Dorrough.
resides or maintains a place of
basmess in the County of Schoharie. New
York The Defendant. Chfton Dorrough.
resides or maintams a place of
busmess in the County of Schoharie. New
York.
[ J The transaction took place in
the county of Schenectady, New
York.
Robert Dorrough and Clifton Dorrough.
Defendant(s).
_____________________________...._________________________________
To the above named Defendant(s):
YOUAREHEREBYSt;MMONEDto answer the complaint in this action to serve a copy of
your answer on the Plaintiff s Attorney s w ithin 20 days after the service of this summons. exclusive of
the day of service (or withm 30 days after seruce is complete if this is not personally delivered to you
within the State of NewYork) In case of your failure to appear or answer. Judgment will be taken
againstyou by default for the relief demanded in the Complaint.
NOIICE: This communication is from a debt collector. I his is an attempt to collect a debt Any
mformation obtained will be used for that purpose.
Dated. April 29. 2024
THE SGAM ETTERALAWFIRM
BY: . . mbettera
Attorney for Plaintiff
650 Franklin 310
Street. Suite
Schenectady. NewYork 12305
Phone: (518) 372-4275
Defendant Address:
(Robert Dorrough) 207 Cav erns Road. Howes Cav e. NY 12092
(Clifton Dorrough) 1643 Grovenors Corners Rd. Central Bridge. NY 12035
1 of 4
FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024
S FATE OFNEWYORK INDEX ti
SUPREMECOURT COUNI Y OFSCHOHARIE
_______________________..____________________________________
Sunmark Credit Union (formerly known as
Sunmark Federal Credit Union).
Plaintiff.
-against- VE RI F I E D
C O MP L A I N T
Robert Dorrough and Clifton Dorrough.
Defendant.
_____________________________________________________________
Plaintiff. complaining of the Defendants by The Sgambettera Law Firm. its attorney. alleges:
1. At all times mentioned herein. Plaintiff was and still is a credit union duly organized and
existing under and pursuant to the laws of the United States of America with its principal office
in Latham. Albany County. NewYork.
2. At all times hereinafter mentioned the Defendant. Robert Dorrough, was a resident of
Schoharie County. NewYork.
3. At all times hereinafter mentioned theDefendant. Clifton Dorrough, was a resident of
Schoharie County. NewYork.
AS ANDFORA FIRSŠ CAUSEOF ACTION
4. Defendants on or about June 6. 2020 executed and delivered to Plaintiff a TotaLoan
Promissoiy Note. a copy of which is hereto annexed as Exhibit A.
5. Upon information and belief the Agreeement was signed by the Defendants in Schenectady
County. NewYork.
6. Defendants breached the said Agreement by failing to make payments to the Plaintiff as
agreed.
7. On March 29. 2024 Plaintiff duly demandedpayment of the full amount owed by the
Defendants to the Plaintiff to wit the principal balance of $9.879.85
together with interest thereon
from January 6. 2022.
8. There is now due and owing the sum of $9.879.85 together with interest thereon from January
6. 2022 until April 30. 2022 at the rate of 7.64% per year.
9. There is now due and owing the interest at a rate of 2%per annum from May 1. 2022.
AS ANDFORA SECONDCAUSEOF ACTION
10. Plaintiff repeats and realleges each and every allegation contained in paragraphs 4 through 9
as though fully set forth and realleged herein.
I1. Pursuant to the said Agreement. the Defendants specifically agreed in the event of default to
pay attorneys fees in a reasonable amount.
2 of 4
FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024
12. The Defendants defaulted by having failed to make payments as agreed and the Agreement
has been placed with The Sgambettera Law Firm for collection.
13. Attorneys fees equal to 15% of the amount due at the time that this matter was assigned to
The Sgambettera Law Firm are reasonable in this matter.
14. At the time that the said Agreement was placed with an attorney for collection. the balance
thereon owing was $9.879.85.
I5. There is now due and owing to the Plaintiff the sum of $1,481.98 which said sum represents
a reasonable amount as and for its attorney fees.
WHEREFORE.
Plaintiff demands Judgment against the Defendants as follows:
A.Asto the first cause of action against the Defendants in the sum of $9.879.85 together with
interest thereon from January 6. 2022 until April30. 2022 at the rate of 7.64% and interest from
May l. 2022 at the rate of 2%per year; and.
B. As to the second cause of action against the Defendant in the sum of $1,481.98.
together with the costs and disbursements of this action.
1IIE LAWFIRM
SGAMBETTERA
BY: atthew Sgambettera
Attorney for Plaintiff
650 Franklin Street. Suite 310
Schenectady. NewYork 12305
Phone: (518) 372-4275
3 of 4
FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024
STATEOFNEWYORK
COUNTYOFALBANY
CITY OF LATIIAM
Michelle DeGraw. being duly sworn deposes and says that she is Loss Mitigation
the
Adminstrator. of the Plaintiff in this action: that she read the foregoing Complaint and knows the
contents thereof: that the same knowledge of deponent. except as to matters therein
is true to the
stated to be alleged on information and belief. and that as to those matters she believes it to be
true. Deponent further says that the reason this verification is made by Plaintiff is because said
Plaintiff is a corporation and the grounds of deponent's belief as to all matters in the said
Complaint not stated upon her own knowledge are investigations which deponent has caused to
be made concerning the subject matter of this Complaint and information acquired by deponent
in the course of her duties as an employee of said corpor tion and from the books and papers of
the said corporation.
i helle DeGraw
Sworn to before me this 2co.
day of Apr& . M
of ry Pu le 4 O
27/ 207-
COU
4 of 4
Document Filed Date
May 13, 2024
Case Filing Date
May 13, 2024
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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Preview
FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024 File #565788L cag CONSUMER CREDITTRANSACTION STATEOFNEWYORK, SUPREME COURT COUNTY OFSCHOHARIE .._______________.......________________.......___________.......____ Sunmark Credit Union (formerly known as Sunmark Federal Credit Union). Plaintiff. S U MMO N S INDEX NO.: Date Filed: The basis of the venue designated is: -against- [X] The Defendant. Robert Dorrough. resides or maintains a place of basmess in the County of Schoharie. New York The Defendant. Chfton Dorrough. resides or maintams a place of busmess in the County of Schoharie. New York. [ J The transaction took place in the county of Schenectady, New York. Robert Dorrough and Clifton Dorrough. Defendant(s). _____________________________...._________________________________ To the above named Defendant(s): YOUAREHEREBYSt;MMONEDto answer the complaint in this action to serve a copy of your answer on the Plaintiff s Attorney s w ithin 20 days after the service of this summons. exclusive of the day of service (or withm 30 days after seruce is complete if this is not personally delivered to you within the State of NewYork) In case of your failure to appear or answer. Judgment will be taken againstyou by default for the relief demanded in the Complaint. NOIICE: This communication is from a debt collector. I his is an attempt to collect a debt Any mformation obtained will be used for that purpose. Dated. April 29. 2024 THE SGAM ETTERALAWFIRM BY: . . mbettera Attorney for Plaintiff 650 Franklin 310 Street. Suite Schenectady. NewYork 12305 Phone: (518) 372-4275 Defendant Address: (Robert Dorrough) 207 Cav erns Road. Howes Cav e. NY 12092 (Clifton Dorrough) 1643 Grovenors Corners Rd. Central Bridge. NY 12035 1 of 4 FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024 S FATE OFNEWYORK INDEX ti SUPREMECOURT COUNI Y OFSCHOHARIE _______________________..____________________________________ Sunmark Credit Union (formerly known as Sunmark Federal Credit Union). Plaintiff. -against- VE RI F I E D C O MP L A I N T Robert Dorrough and Clifton Dorrough. Defendant. _____________________________________________________________ Plaintiff. complaining of the Defendants by The Sgambettera Law Firm. its attorney. alleges: 1. At all times mentioned herein. Plaintiff was and still is a credit union duly organized and existing under and pursuant to the laws of the United States of America with its principal office in Latham. Albany County. NewYork. 2. At all times hereinafter mentioned the Defendant. Robert Dorrough, was a resident of Schoharie County. NewYork. 3. At all times hereinafter mentioned theDefendant. Clifton Dorrough, was a resident of Schoharie County. NewYork. AS ANDFORA FIRSŠ CAUSEOF ACTION 4. Defendants on or about June 6. 2020 executed and delivered to Plaintiff a TotaLoan Promissoiy Note. a copy of which is hereto annexed as Exhibit A. 5. Upon information and belief the Agreeement was signed by the Defendants in Schenectady County. NewYork. 6. Defendants breached the said Agreement by failing to make payments to the Plaintiff as agreed. 7. On March 29. 2024 Plaintiff duly demandedpayment of the full amount owed by the Defendants to the Plaintiff to wit the principal balance of $9.879.85 together with interest thereon from January 6. 2022. 8. There is now due and owing the sum of $9.879.85 together with interest thereon from January 6. 2022 until April 30. 2022 at the rate of 7.64% per year. 9. There is now due and owing the interest at a rate of 2%per annum from May 1. 2022. AS ANDFORA SECONDCAUSEOF ACTION 10. Plaintiff repeats and realleges each and every allegation contained in paragraphs 4 through 9 as though fully set forth and realleged herein. I1. Pursuant to the said Agreement. the Defendants specifically agreed in the event of default to pay attorneys fees in a reasonable amount. 2 of 4 FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024 12. The Defendants defaulted by having failed to make payments as agreed and the Agreement has been placed with The Sgambettera Law Firm for collection. 13. Attorneys fees equal to 15% of the amount due at the time that this matter was assigned to The Sgambettera Law Firm are reasonable in this matter. 14. At the time that the said Agreement was placed with an attorney for collection. the balance thereon owing was $9.879.85. I5. There is now due and owing to the Plaintiff the sum of $1,481.98 which said sum represents a reasonable amount as and for its attorney fees. WHEREFORE. Plaintiff demands Judgment against the Defendants as follows: A.Asto the first cause of action against the Defendants in the sum of $9.879.85 together with interest thereon from January 6. 2022 until April30. 2022 at the rate of 7.64% and interest from May l. 2022 at the rate of 2%per year; and. B. As to the second cause of action against the Defendant in the sum of $1,481.98. together with the costs and disbursements of this action. 1IIE LAWFIRM SGAMBETTERA BY: atthew Sgambettera Attorney for Plaintiff 650 Franklin Street. Suite 310 Schenectady. NewYork 12305 Phone: (518) 372-4275 3 of 4 FILED: SCHOHARIE COUNTY CLERK 05/13/2024 03:05 PM INDEX NO. 2024-235 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/13/2024 STATEOFNEWYORK COUNTYOFALBANY CITY OF LATIIAM Michelle DeGraw. being duly sworn deposes and says that she is Loss Mitigation the Adminstrator. of the Plaintiff in this action: that she read the foregoing Complaint and knows the contents thereof: that the same knowledge of deponent. except as to matters therein is true to the stated to be alleged on information and belief. and that as to those matters she believes it to be true. Deponent further says that the reason this verification is made by Plaintiff is because said Plaintiff is a corporation and the grounds of deponent's belief as to all matters in the said Complaint not stated upon her own knowledge are investigations which deponent has caused to be made concerning the subject matter of this Complaint and information acquired by deponent in the course of her duties as an employee of said corpor tion and from the books and papers of the said corporation. i helle DeGraw Sworn to before me this 2co. day of Apr& . M of ry Pu le 4 O 27/ 207- COU 4 of 4