Preview
FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364
088
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
SUPREME COURT OF THE STATE OF NEW YORK v2.1(L81)
COUNTY OF CHENANGO CONSUMER CREDIT TRANSACTION
_______________________________________ SUMMONS AND VERIFIED COMPLAINT
NBT BANK
Index No.
Date Filed:
Plaintiff(s), The basis of the venue o trial
designated is;defendant s resides
AGAINST in CHENANGO County.
ERIC FLEMING Plaintiff's lace of business is
ERICA FLEMING at:52 S BRO ST
NORWICH .NY
13 GREEN ST 13815
GREENE ,NY 137781108 CHENANGO County
Defendant(s),
________________________________________
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED to answer the,com laint in this action and to serve a
cop of your answer, on the Plaintiff s A torney within 20 days after service
of his summons, exclusive of the da of service, or if service of this
summons is made by an means other t an by personal delivery to you within
the state, within 30 ays after such service is complete. In case of our
failure to answer, udgment will be taken against you b default for he
relief demanded in he complaint.
L. arks, Es .
Att ey for Plainti f(s)
Dated: 4/22/19 Law Offices of Paul L. Marks, P.L.L.C.
Newburgh, New York 299 N. Plank Road - Suite 104
Newbur h, ew York 12550
845 561-6917
VERIFIED-AFFIRMED COMPLAINT
1. Plaintiff(s) is a NEW YORK corporation and is authorized
to do business in the State of New Yor .
2. U on information and belief Defendant s) resides in the within county
a the address shown above.
A D FOR A FIRST CAUSE OF ACTION - ACCOUNT STATED
3. Defendant s owe laintiff for onies loaned and accepted b defendant(s)
upon an account s ated as of 10 09/17 for a sum certal in he principal
amount of $1,032.38 together with interest from 10/09 17 in the amount
of $166.73
AS AND FOR A SECOND C USE OF ACTION - BREACH OF CONTRACT
4. Defendant(s) owe plaintiff s) fo reach of contract to ay for monies
loaned and accepted by defendant s as of 10/09/17 for t e sum certain
of $1,032.38 together with interest from 10/09/17 in the amount
of $166.73
S AND FOR A THIRD CAUSE OF ACTION - UNJUST ENRICHMENT
5. Plaintiff s) repeats, reiterates and realleges each and every allegation
contained in paragra hs 1 through 4 herein with the same force and effect
as if fully set fort at length herein.
6. By reason of the fore oing, Defend nt(s)
ERIC FLE ING ERICA FLEMING
have been un ustly enriched in the s m of $1,032.38 , which has been and
still due anÓ owing t he PlaintiffÎs) for the benefits conferred u n
them by the Plaintiff s and accepted and retained by these Defendan s).
7. Demand has been ma e for payment herein for the above causes of action,
however, Defendant s) has refused to tender any payment on this account.
WHEREFORE, plaintiff(s) demands jud ment a ainst defendant(s) on each of the
above causes of action in the amoun of $ ,199.11 together with interest
from 4/22/19 plus costs and disbursements of this action.
Dated: 4/22/19 Law ices of Paul L. Marks, P.L.L.C.
Newburgh, New York 299 . Plank Road - Suite 104
ewb r h, New York 12550
845 61-6917
This is an attem t to collect a debt and
any information obtaine will be used for that purpose.
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FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364
066
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
v2.1(D82)
NBT BANK
- AGAINST -
ERIC FLEMING
ERICA FLEMING
13 GREEN ST
GREENE ,NY 137781108
Principal Due - $1,032.38
Interest - $166.73
Cost Statute - S200.00
by
Service of Summons - $40.20
Fee for INDEX No. - $210.00
_____________
TOTAL DUE - S1,649.31
=============
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FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
LAW OFFICES OF PAUL L. MARKS, P.L.L.C.
299 N PLANK RD STE 104
NEWBURGH, NY 12550
(845) 561-6917
04/12/19
NBT BANK
ATTN: KATHY BLACK
PO BOX 351 FILE# 183130012
NORWICH, NY 13815
With your permission, the Law Offices of Paul L. Marks, P.L.L.C. will
institute legal action on your behalf against the following account:
ACCOUNT # SERVICE DATE NAME & ADDRESS
9402 10/09/17 ERICA FLEMING Eric Fleming
13 GREEN ST
GREENE, NY 13778-1108
TOTAL BALANCE: $1,032.38
Place of employment/asset:
IT IS IMPORTANT THAT YOU:
1. Return this letter to our office and please indicate the correct
balance.
2. Please DO NOT accept payments from the debtor, refer him to our office.
3. Mark your records to indicate that this account has been referred
to the attorney.
VERIFICATION
STATE OF NEW YORK: COUNTY OF CHENANGO
KATHY BLACK being duly sworn, deposes and says:
I am the Bank Officer of NBT BANK
a corporation, one of the parties to the action: I have read the annexed
Complaint, know the contents thereof and the same are true to my knowledge
except those matters therein which are stated to be alleged on information
and belief, and as to those matters I believe true. My belief, as to those
matters therein not stated upon knowledge, is ase upon the following:
books, papers and records in my possession.
Sworn to before me on Ô 9
MICHELLE FR NKL
NOTARY PUBLIC-STAT OF NE K
No. 01FR6225642
Qualified in Chenango
County
My Commission E×pires 07-26-2022
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FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
ATTORNEY CERTIFICATION
I,PAUL L. MARKS, ESQ., HEREBY CERTIFY, under the penalty of perjury
and as an officer of the Court I have no knowledge that the substance of any factual
submissions contained in this document is false. This Certification is based solely and
exclusively upon information provided by the client, and upon the client's certification to
the undersigned attorney that such information is not false, and is not made based upon
by the undersigned attorney or anyone acting on behalf of said attorney.
PLEASE TAKE FURTHER NOTICE, that this Certification is made by the
attorney as an officer of the Court and is directly solely and exclusively to the Court in
accordanc.e with 22 NYCRR 202.16 (e) and is expressly not directed or extended to the
opposing party herein.
PLEASE TAKE FURTHER NOTICE that the opposing party may not and should
not rely upon this Attorney Certification in assessing the truth or validity of the
information contained in the annexed document. The credibility of this submission is no
greater than the credibility of the client represented by the undersigned attorney and the
opposing party should give this document no greater credence because itbears this
Attorney Certification.
Dated: JUL 17 2019
PÁÓL L. MARKS, ESQ.
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FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019
CBHV (L)E(G)AL APPLICATION V2.0 Time: 12:09:59
------ ********************* Date: 7/17/19
NJLG16 * Sl)NDNS PROCESSED * Copy 6
* SUPREE COLRT *
*********************
ACCOUNT INTEREST INTR INTR Sl}M)NS
CO CASE# PLAINTIFF(S) (LIST ALL 0N Sl)NONS) BALANCE FRM DATE DAYS RATE INTEREST
__ _________ __________________________________________________ __________ ________ _____ ______ __________
01 183130012 NBT BAN( 1,032.38 10/09/17 646 .00025 166.73
52 S BROAD ST
NORWICH NY 13815 CHENANR)
_______ _ __
TOTAL SLI†0NS INTEREST: 166.73
PLAINTIFF(S) CLASS: L - LOANS COSTS BY STATlJTE: 200.00
SERVII 0F SLI†0NS: 40.20
COUNTY INDEX NLNBER: 210.00
TOTAL Sl}NONS COSTS: 450.20
TOTAL OF ALL COPANIONATED BALANCES: 1,032.38 TOTAL SlFM0NS: 1,649.31
CO CASE# DEFENDANT(S) DTE ENTD S M)NS CITY Sl1M)NS Œ0NTY
__ _________ _______________________________ ________ ____________________ _______________
01 183130012 ERIC FLEMING 7/17/19 CHENANCD H0Æ(LNER: Y
ERICA FLEMING
13 GREEN ST CREENE NY 137781108
01 600024109 000061693
01 LD82LL81LD71LD61ACE1K)E2
6 06060606010200000000
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Preview
FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364 088 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 SUPREME COURT OF THE STATE OF NEW YORK v2.1(L81) COUNTY OF CHENANGO CONSUMER CREDIT TRANSACTION _______________________________________ SUMMONS AND VERIFIED COMPLAINT NBT BANK Index No. Date Filed: Plaintiff(s), The basis of the venue o trial designated is;defendant s resides AGAINST in CHENANGO County. ERIC FLEMING Plaintiff's lace of business is ERICA FLEMING at:52 S BRO ST NORWICH .NY 13 GREEN ST 13815 GREENE ,NY 137781108 CHENANGO County Defendant(s), ________________________________________ To the above named Defendant(s) YOU ARE HEREBY SUMMONED to answer the,com laint in this action and to serve a cop of your answer, on the Plaintiff s A torney within 20 days after service of his summons, exclusive of the da of service, or if service of this summons is made by an means other t an by personal delivery to you within the state, within 30 ays after such service is complete. In case of our failure to answer, udgment will be taken against you b default for he relief demanded in he complaint. L. arks, Es . Att ey for Plainti f(s) Dated: 4/22/19 Law Offices of Paul L. Marks, P.L.L.C. Newburgh, New York 299 N. Plank Road - Suite 104 Newbur h, ew York 12550 845 561-6917 VERIFIED-AFFIRMED COMPLAINT 1. Plaintiff(s) is a NEW YORK corporation and is authorized to do business in the State of New Yor . 2. U on information and belief Defendant s) resides in the within county a the address shown above. A D FOR A FIRST CAUSE OF ACTION - ACCOUNT STATED 3. Defendant s owe laintiff for onies loaned and accepted b defendant(s) upon an account s ated as of 10 09/17 for a sum certal in he principal amount of $1,032.38 together with interest from 10/09 17 in the amount of $166.73 AS AND FOR A SECOND C USE OF ACTION - BREACH OF CONTRACT 4. Defendant(s) owe plaintiff s) fo reach of contract to ay for monies loaned and accepted by defendant s as of 10/09/17 for t e sum certain of $1,032.38 together with interest from 10/09/17 in the amount of $166.73 S AND FOR A THIRD CAUSE OF ACTION - UNJUST ENRICHMENT 5. Plaintiff s) repeats, reiterates and realleges each and every allegation contained in paragra hs 1 through 4 herein with the same force and effect as if fully set fort at length herein. 6. By reason of the fore oing, Defend nt(s) ERIC FLE ING ERICA FLEMING have been un ustly enriched in the s m of $1,032.38 , which has been and still due anÓ owing t he PlaintiffÎs) for the benefits conferred u n them by the Plaintiff s and accepted and retained by these Defendan s). 7. Demand has been ma e for payment herein for the above causes of action, however, Defendant s) has refused to tender any payment on this account. WHEREFORE, plaintiff(s) demands jud ment a ainst defendant(s) on each of the above causes of action in the amoun of $ ,199.11 together with interest from 4/22/19 plus costs and disbursements of this action. Dated: 4/22/19 Law ices of Paul L. Marks, P.L.L.C. Newburgh, New York 299 . Plank Road - Suite 104 ewb r h, New York 12550 845 61-6917 This is an attem t to collect a debt and any information obtaine will be used for that purpose. 1 of 5 FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364 066 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 v2.1(D82) NBT BANK - AGAINST - ERIC FLEMING ERICA FLEMING 13 GREEN ST GREENE ,NY 137781108 Principal Due - $1,032.38 Interest - $166.73 Cost Statute - S200.00 by Service of Summons - $40.20 Fee for INDEX No. - $210.00 _____________ TOTAL DUE - S1,649.31 ============= 2 of 5 FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 LAW OFFICES OF PAUL L. MARKS, P.L.L.C. 299 N PLANK RD STE 104 NEWBURGH, NY 12550 (845) 561-6917 04/12/19 NBT BANK ATTN: KATHY BLACK PO BOX 351 FILE# 183130012 NORWICH, NY 13815 With your permission, the Law Offices of Paul L. Marks, P.L.L.C. will institute legal action on your behalf against the following account: ACCOUNT # SERVICE DATE NAME & ADDRESS 9402 10/09/17 ERICA FLEMING Eric Fleming 13 GREEN ST GREENE, NY 13778-1108 TOTAL BALANCE: $1,032.38 Place of employment/asset: IT IS IMPORTANT THAT YOU: 1. Return this letter to our office and please indicate the correct balance. 2. Please DO NOT accept payments from the debtor, refer him to our office. 3. Mark your records to indicate that this account has been referred to the attorney. VERIFICATION STATE OF NEW YORK: COUNTY OF CHENANGO KATHY BLACK being duly sworn, deposes and says: I am the Bank Officer of NBT BANK a corporation, one of the parties to the action: I have read the annexed Complaint, know the contents thereof and the same are true to my knowledge except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe true. My belief, as to those matters therein not stated upon knowledge, is ase upon the following: books, papers and records in my possession. Sworn to before me on Ô 9 MICHELLE FR NKL NOTARY PUBLIC-STAT OF NE K No. 01FR6225642 Qualified in Chenango County My Commission E×pires 07-26-2022 3 of 5 FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 ATTORNEY CERTIFICATION I,PAUL L. MARKS, ESQ., HEREBY CERTIFY, under the penalty of perjury and as an officer of the Court I have no knowledge that the substance of any factual submissions contained in this document is false. This Certification is based solely and exclusively upon information provided by the client, and upon the client's certification to the undersigned attorney that such information is not false, and is not made based upon by the undersigned attorney or anyone acting on behalf of said attorney. PLEASE TAKE FURTHER NOTICE, that this Certification is made by the attorney as an officer of the Court and is directly solely and exclusively to the Court in accordanc.e with 22 NYCRR 202.16 (e) and is expressly not directed or extended to the opposing party herein. PLEASE TAKE FURTHER NOTICE that the opposing party may not and should not rely upon this Attorney Certification in assessing the truth or validity of the information contained in the annexed document. The credibility of this submission is no greater than the credibility of the client represented by the undersigned attorney and the opposing party should give this document no greater credence because itbears this Attorney Certification. Dated: JUL 17 2019 PÁÓL L. MARKS, ESQ. 4 of 5 FILED: CHENANGO COUNTY CLERK 07/24/2019 01:54 PM INDEX NO. 2019-5364 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2019 CBHV (L)E(G)AL APPLICATION V2.0 Time: 12:09:59 ------ ********************* Date: 7/17/19 NJLG16 * Sl)NDNS PROCESSED * Copy 6 * SUPREE COLRT * ********************* ACCOUNT INTEREST INTR INTR Sl}M)NS CO CASE# PLAINTIFF(S) (LIST ALL 0N Sl)NONS) BALANCE FRM DATE DAYS RATE INTEREST __ _________ __________________________________________________ __________ ________ _____ ______ __________ 01 183130012 NBT BAN( 1,032.38 10/09/17 646 .00025 166.73 52 S BROAD ST NORWICH NY 13815 CHENANR) _______ _ __ TOTAL SLI†0NS INTEREST: 166.73 PLAINTIFF(S) CLASS: L - LOANS COSTS BY STATlJTE: 200.00 SERVII 0F SLI†0NS: 40.20 COUNTY INDEX NLNBER: 210.00 TOTAL Sl}NONS COSTS: 450.20 TOTAL OF ALL COPANIONATED BALANCES: 1,032.38 TOTAL SlFM0NS: 1,649.31 CO CASE# DEFENDANT(S) DTE ENTD S M)NS CITY Sl1M)NS Œ0NTY __ _________ _______________________________ ________ ____________________ _______________ 01 183130012 ERIC FLEMING 7/17/19 CHENANCD H0Æ(LNER: Y ERICA FLEMING 13 GREEN ST CREENE NY 137781108 01 600024109 000061693 01 LD82LL81LD71LD61ACE1K)E2 6 06060606010200000000 5 of 5