Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOF THE STATE OFNEWYORK Index Number:
COUNTYOF WESTCHESTER Our File No. OLIO2265
..................----_..................................................._.....................Ç
Accelerated Inventory Management, LLC
SUMMONS
Consumer Credit Transaction
PLAINTIFF,
Plaintiff's Address
~AGAINST~ 1800 2nd St Suite 603
Sarasota, FL 34236
RAFAEL PEREZ Defendant's Address
RAFAEL PEREZ
DEFENDANT
(S) 398 E MAINST
------------------------------------------------------------------X JEFFERSONVALLEY, NY
The basis of the venue designated is: defendant(s) place of 10535
residence: WESTCHESTER
County
To the above named Defendant(s)
YOUAREHEREBYSUMMONED,
and required to appear in this action in the COURT
SUPREME OF THE STATE OF
NEWYORKof the County of WESTCHESTER,at the office
of the clerk of the said Court at 111 Dr. Martin Luther King Jr.
Blvd White Plains, in the CountyNY 10601
of WESTCHESTER State of New York, by serving an answer to the annexed
complaint upon plaintiff's attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated
above, within the time provided by law as noted below. Upon your failure to answer, judgment will be taken against you for
the sum of $5,258.12 plus post-judgment interest at the statutory rate, together with the costs and disbursements of this
action.
DATED: Farmingdale, NewYork
6/3/2024
By:
Timothy J. Murtha, Esq.
Roach & Murtha Attorneys at Law, P.C.
Attorneys for Plaintiff
500 Bi County Blyd Suite 120
Farmingdale, NY 11735
Telephone #: (516) 346-5400
NOTE: The Law or rules of court provide that:
(a) If this summons is served by its delivery a corporation)
to you, or (for an agent authorized to receive service, personally
within the County of WESTCHESTER
State of NewYork, you must appear and answer within TWENTY days after such
service; or
(b) If this summons is served by delivery to any person other than you personally or (for a corporation) an agent authorized
to receive service personally, or served outside the county of WESTCHESTER
is or by publication, or by any other means
other than personal delivery to you, or (for a corporation) an agent authorized to receive service personally, within the
County of WESTCHESTER
you are allowed THIRTYdays after proof of service is filed with the Clerk of this Court within
which to appear and answer.
(c) You are required toa copy of your answer together with proof of service with the Clerk of the Court in which the
file
action is brought within of the service of the answer. TENdays
WE AREDEBTCOLLECTORS- THIS IS ANATTEMPTTOCOLLECTA DEBTANDANYINFORMATION
WILL BEUSEDFORTHATPURPOSE.
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHE STATE OF NEWYORK
COUNTYOF WESTCHESTER
__......--............._................_............_....................._.......................--X
Accelerated Inventory Management, LLC INDEXNUMBER:
Our File No. OLIO2265
PLAINTIFF,
~AGAINST~ VERIFIED COMPLAINT
CONSUMER
CREDIT TRANSACTION
RAFAEL PEREZ
__..--- _ _ __ _--------------------___________ÇDEFENDANT(S)
Plaintiff, by its attorneys, Roach & Murtha Attorneys at Law, P.C., hereby complains of the Defendant(s) as follows:
1. Plaintiff is a foreign limited liability company authorized to do business in the State of NewYork.
Plaintiff's NewYork City Department of Consumer Affairs license number is 2070186-DCA
2. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business
in person or through an agent within the county in which this action is brought and that the instant cause of action arose out
of said transaction.
3. Defendant(s) entered into a loan agreement on 2/8/2018 with WebBankto borrow money and/or have credit extended
identified by loan number ending 0571, which money and/or was to be repaid by Defendant(s) in monthly installments
credit
plus interest, and which loan WebBankassigned all rights contained therewith for good and valuable consideration to loan
servicer LendingClub Corporation. Copies of the Loan Summaryand Disclosure are annexed hereto as Exhibit "A".
4. The date of the last payment Defendant(s) made on the account was on or about 11/16/2022 in the amount of $457.95.
5. On or about 5/30/2023
Plaintiff bought and was assigned this debt and all rights contained therewith for good and valuable
consideration from LendingClub Corporation assignee of and loan servicer to WebBank. The amount due at the time of
sale was $5,258.12. Copy of the Bill(s) of Sale are annexed hereto as Exhibit "B".
FORA FIRST CAUSEOFACTION
BREACHOFCONTRACT
6. Plaintiff repeats each and every allegation set for above.
7. That heretofore, Defendant(s) entered into a loan agreement with original creditor WebBank.
8. Plaintiff and its predecessors duly performed all conditions on its part under the agreement.
9. Upon information and belief, Defendant(s) defaulted on payments and pursuant to the terms of the agreement now owes
a balance of $5,258.12 no part of which has been paid despite due demand thereof.
10. An itemization of the amount sought is as follows:
i. Principal $5,258.12
ii. Finance Charge or Charges $0
iii. Fees Imposed by the Original Creditor $0
iv. Collection Costs $0
v. Attorney's Fees $0
vi. Interest $0
vii. Any Other Fees and Charges $0
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
FORA SECONDCAUSEOFACTION
UNJUSTENRICHMENT
11. Plaintiff repeats each and every allegation set forth above.
12. By reason of the foregoing -
including Defendant(s) breaching the loan agreement, and failing and refusing to repay
Plaintiff and its predecessors despite due demands, and after all payments, credits and offsets -Defendant(s) has profited
and enriched themselves unjustly at the expense of and to the detriment of the Plaintiff and its predecessors, to the extent
of $5,258.12, and it is against equity and good conscience to allow Defendant(s) to retain for themselves monies that
rightfully belong to the Plaintiff and its predecessors.
WHEREFORE,the Plaintiff, Accelerated Inventory Management, LLC, demandsjudgment against the Defendant(s)
RAFAEL PEREZ on the First and Second Causes of Action in the amount of $5,258.12, plus post-judgment interest at
the statutory rate, together with costs and disbursements of the within action.
DATED: Farmingdale, NewYork
6/3/2024
By:
Timothy J. Murtha, Esq.
License#2025270-DCA
Roach & Murtha Attorneys at Law, P.C.
Attorneys for Plaintiff
500 Bi County Blvd Suite 120
Farmingdale, NY 11735
Telephone #: (516) 346-5400
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
Attorneys for Plaintiff
STATEOFNEWYORK,COUNTYOFSUFFOLK
The undersigned, an attorney
law and the Plaintiffs
at attorney, affirms the following to be true under the
penalty of perjury: the foregoing complaint is true to my knowledge, except as to matters stated to be on
information and belief, and as to those, I believe them to be true. The reason I am making this verification is I
have all salient business records in my possession and have reviewed the same and/or the plaintiff does not have
offices in the county where I maintain my office.
Attorney Signature:
Attorney Name(Print): Timothy Murtha, Esq. __
Sworn to before ine this
6/3/2024
Notary Pu
GEORGE-ANNE GALLO
Public, State of NewYork
Notary
Registration No. 01GA6188824
Qualifted County
in Suffolk
Expires 12, 2028
May
Commission
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
-----------------------------------___________---_____________Ç
Accelerated Inventory Management, LLC Index No.
Our File No. OLIO2265
PLAINTIFF,
- against -
RAFAEL PEREZ NOTICE OFELECTRONIC
FILING PURSUANT
TO
SECTION202.5-bb OFTHE
UNIFORMRULESFORTHE
TRIAL COURTS
DEFENDANT(S).
---------------------------------------------------------x
PLEASETAKE NOTICE that the matter captioned above, which has been commenced
by filing accompanying documents with the County Clerk,
ofthe is subject to mandatory electronic
filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being
served as required by Subdivision (b) (3) of that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the
electronic filing of documents with the County Clerk and the court and for the electronic service
of those documents, court documents, and court notices upon counsel and self-represented parties.
Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required
by Section 202.5-bb(d) must immediately record their representation within the e-filed matter on
the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic
notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith
that they lack the computer equipment and (along with all employees) the requisite knowledge to
comply; and 2) self-represented parties who choose not to participate in e-filing. For additional
information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF
website at www.nycourts.gov/efile or contact the NYSCEFResource Center at 646-386-3033 or
efile@courts.state.ny.us.
Dated: 6/4/2024
To:
RAFAEL PEREZ
398 E MAIN ST
JEFFERSONVALLEY, NY 10535 ,
Timothy J. Murtha, Esq.
Roach & Murtha Attorneys at Law, P.C.
500 Bi County Blvd Suite 120
Farmingdale, NY 11735
(516) 346-5400
5 of 5
Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOF THE STATE OFNEWYORK Index Number: COUNTYOF WESTCHESTER Our File No. OLIO2265 ..................----_..................................................._.....................Ç Accelerated Inventory Management, LLC SUMMONS Consumer Credit Transaction PLAINTIFF, Plaintiff's Address ~AGAINST~ 1800 2nd St Suite 603 Sarasota, FL 34236 RAFAEL PEREZ Defendant's Address RAFAEL PEREZ DEFENDANT (S) 398 E MAINST ------------------------------------------------------------------X JEFFERSONVALLEY, NY The basis of the venue designated is: defendant(s) place of 10535 residence: WESTCHESTER County To the above named Defendant(s) YOUAREHEREBYSUMMONED, and required to appear in this action in the COURT SUPREME OF THE STATE OF NEWYORKof the County of WESTCHESTER,at the office of the clerk of the said Court at 111 Dr. Martin Luther King Jr. Blvd White Plains, in the CountyNY 10601 of WESTCHESTER State of New York, by serving an answer to the annexed complaint upon plaintiff's attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below. Upon your failure to answer, judgment will be taken against you for the sum of $5,258.12 plus post-judgment interest at the statutory rate, together with the costs and disbursements of this action. DATED: Farmingdale, NewYork 6/3/2024 By: Timothy J. Murtha, Esq. Roach & Murtha Attorneys at Law, P.C. Attorneys for Plaintiff 500 Bi County Blyd Suite 120 Farmingdale, NY 11735 Telephone #: (516) 346-5400 NOTE: The Law or rules of court provide that: (a) If this summons is served by its delivery a corporation) to you, or (for an agent authorized to receive service, personally within the County of WESTCHESTER State of NewYork, you must appear and answer within TWENTY days after such service; or (b) If this summons is served by delivery to any person other than you personally or (for a corporation) an agent authorized to receive service personally, or served outside the county of WESTCHESTER is or by publication, or by any other means other than personal delivery to you, or (for a corporation) an agent authorized to receive service personally, within the County of WESTCHESTER you are allowed THIRTYdays after proof of service is filed with the Clerk of this Court within which to appear and answer. (c) You are required toa copy of your answer together with proof of service with the Clerk of the Court in which the file action is brought within of the service of the answer. TENdays WE AREDEBTCOLLECTORS- THIS IS ANATTEMPTTOCOLLECTA DEBTANDANYINFORMATION WILL BEUSEDFORTHATPURPOSE. 1 of 5 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHE STATE OF NEWYORK COUNTYOF WESTCHESTER __......--............._................_............_....................._.......................--X Accelerated Inventory Management, LLC INDEXNUMBER: Our File No. OLIO2265 PLAINTIFF, ~AGAINST~ VERIFIED COMPLAINT CONSUMER CREDIT TRANSACTION RAFAEL PEREZ __..--- _ _ __ _--------------------___________ÇDEFENDANT(S) Plaintiff, by its attorneys, Roach & Murtha Attorneys at Law, P.C., hereby complains of the Defendant(s) as follows: 1. Plaintiff is a foreign limited liability company authorized to do business in the State of NewYork. Plaintiff's NewYork City Department of Consumer Affairs license number is 2070186-DCA 2. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business in person or through an agent within the county in which this action is brought and that the instant cause of action arose out of said transaction. 3. Defendant(s) entered into a loan agreement on 2/8/2018 with WebBankto borrow money and/or have credit extended identified by loan number ending 0571, which money and/or was to be repaid by Defendant(s) in monthly installments credit plus interest, and which loan WebBankassigned all rights contained therewith for good and valuable consideration to loan servicer LendingClub Corporation. Copies of the Loan Summaryand Disclosure are annexed hereto as Exhibit "A". 4. The date of the last payment Defendant(s) made on the account was on or about 11/16/2022 in the amount of $457.95. 5. On or about 5/30/2023 Plaintiff bought and was assigned this debt and all rights contained therewith for good and valuable consideration from LendingClub Corporation assignee of and loan servicer to WebBank. The amount due at the time of sale was $5,258.12. Copy of the Bill(s) of Sale are annexed hereto as Exhibit "B". FORA FIRST CAUSEOFACTION BREACHOFCONTRACT 6. Plaintiff repeats each and every allegation set for above. 7. That heretofore, Defendant(s) entered into a loan agreement with original creditor WebBank. 8. Plaintiff and its predecessors duly performed all conditions on its part under the agreement. 9. Upon information and belief, Defendant(s) defaulted on payments and pursuant to the terms of the agreement now owes a balance of $5,258.12 no part of which has been paid despite due demand thereof. 10. An itemization of the amount sought is as follows: i. Principal $5,258.12 ii. Finance Charge or Charges $0 iii. Fees Imposed by the Original Creditor $0 iv. Collection Costs $0 v. Attorney's Fees $0 vi. Interest $0 vii. Any Other Fees and Charges $0 2 of 5 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 FORA SECONDCAUSEOFACTION UNJUSTENRICHMENT 11. Plaintiff repeats each and every allegation set forth above. 12. By reason of the foregoing - including Defendant(s) breaching the loan agreement, and failing and refusing to repay Plaintiff and its predecessors despite due demands, and after all payments, credits and offsets -Defendant(s) has profited and enriched themselves unjustly at the expense of and to the detriment of the Plaintiff and its predecessors, to the extent of $5,258.12, and it is against equity and good conscience to allow Defendant(s) to retain for themselves monies that rightfully belong to the Plaintiff and its predecessors. WHEREFORE,the Plaintiff, Accelerated Inventory Management, LLC, demandsjudgment against the Defendant(s) RAFAEL PEREZ on the First and Second Causes of Action in the amount of $5,258.12, plus post-judgment interest at the statutory rate, together with costs and disbursements of the within action. DATED: Farmingdale, NewYork 6/3/2024 By: Timothy J. Murtha, Esq. License#2025270-DCA Roach & Murtha Attorneys at Law, P.C. Attorneys for Plaintiff 500 Bi County Blvd Suite 120 Farmingdale, NY 11735 Telephone #: (516) 346-5400 3 of 5 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 Attorneys for Plaintiff STATEOFNEWYORK,COUNTYOFSUFFOLK The undersigned, an attorney law and the Plaintiffs at attorney, affirms the following to be true under the penalty of perjury: the foregoing complaint is true to my knowledge, except as to matters stated to be on information and belief, and as to those, I believe them to be true. The reason I am making this verification is I have all salient business records in my possession and have reviewed the same and/or the plaintiff does not have offices in the county where I maintain my office. Attorney Signature: Attorney Name(Print): Timothy Murtha, Esq. __ Sworn to before ine this 6/3/2024 Notary Pu GEORGE-ANNE GALLO Public, State of NewYork Notary Registration No. 01GA6188824 Qualifted County in Suffolk Expires 12, 2028 May Commission 4 of 5 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 02:54 PM INDEX NO. 63624/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER -----------------------------------___________---_____________Ç Accelerated Inventory Management, LLC Index No. Our File No. OLIO2265 PLAINTIFF, - against - RAFAEL PEREZ NOTICE OFELECTRONIC FILING PURSUANT TO SECTION202.5-bb OFTHE UNIFORMRULESFORTHE TRIAL COURTS DEFENDANT(S). ---------------------------------------------------------x PLEASETAKE NOTICE that the matter captioned above, which has been commenced by filing accompanying documents with the County Clerk, ofthe is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(d) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEFResource Center at 646-386-3033 or efile@courts.state.ny.us. Dated: 6/4/2024 To: RAFAEL PEREZ 398 E MAIN ST JEFFERSONVALLEY, NY 10535 , Timothy J. Murtha, Esq. Roach & Murtha Attorneys at Law, P.C. 500 Bi County Blvd Suite 120 Farmingdale, NY 11735 (516) 346-5400 5 of 5