Preview
FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020
Cl2020-12332 Index # : EF2020-0470
CONSUMER CREDIT-TRANSACTION
SUPREME COURT
COUNTY OF TOMPKINS STATE OF NEW YORK
FIVE STAR BANK
100 Chestnut Street
Rochester, NY 14604
Plaintiff
SUMMONS
vs.
DEBRA L. PEALO
Case No.:
729 Harford Road
Brooktondale, NY 14817,
Defendant.
To The Above Named Defendant:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of
your Answer on Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive
of the day of service, or within thirty (30) days after service is completed if this Summons is not
personally delivered to you within the State of New York. In case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the Complaint.
Plaintiff designates Tompkins County as the place of trial. The basis of venue is Defendant's
place of residence. Defendant resides in the County of Tompkins, New York. The consumer credit
m'
transaction took place in Cortland County, New York. Plaintiff intains a place of business at 100
Chestnut Street, Rochester, NY 14604.
Dated: //§f 3 { , 2020 By:
John n rew, q.
WO S OVIATT GILMAN LLP
At rneys for Plaintiff
1 00 Bausch & Lomb Place
Rochester, New York 14604
(585) 987-2800
(8202477:I
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FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020
Index #: EF2020-0470
Cl2020-12332
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. Itdoes not affect your dealings with
the Court, and in particular, itdoes not change the time in which you must answer this complaint. This
legal pleading is a command from the Court, and you must follow itsinstructions and respond within the
time period set forth in the summons, even if you dispute the validity or amount of the debt as set forth in
the validation notice. The validation notice also does not affect our relations with the Court. As a law
firm, we may file papers in this suit according to the Court's rules and the Judge's instructions.
We are a debt collector, and this is an attempt to collect a debt. Any information we obtain will be
used for that purpose.
If you have questions this matter please contact LORI PFELL AT 1- 888-757-7553 OR 1-585-
any regarding
987-2800 ext. 2856.
(8202477:]
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FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020
Cl2020-12332 Index #: EF2020-0470
SUPREME COURT
COUNTY OF TOMPKINS STATE OF NEW YORK
FIVE STAR BANK,
VERIFIED
Plaintiff, COMPLAINT
vs.
DEBRA L. PEALO, Case No.:
Defendant.
Plaintiff, Five Star Bank, by its attorneys Woods Oviatt Gilman LLP, for its Verified
Complaint against defendant, alleges that:
1. Plaintiff is a New York bank authorized to do business in the State of New York,
with an office located in the County of Monroe at 100 Chestnut Street, Rochester, NY 14604.
2. Upon information and belief, defendant resides in the County of Tompkins, and
State of New York.
3. On February 4, 2019, defendant entered into an installment Auto Loan Agreement
("Agreement"), whereby defendant agreed to pay plaintiff the total amount of $28,704.75 in 75
equal monthly installments of $382.73, which includes interest.
4. Defendant breached the Agreement by failing to make the required payments in
accordance with the terms of the Agreement.
5. The principal sum of $11,808.88, accrued interest of $611.16, late charges of
$153.08, account charges of $440.00 plus per diem interest of $2.43 (as calculated at the
contractual rate of 7.5% per annum on the principal sum) from July 29, 2020, the unpaid balance
on the Agreement, remains due to plaintiff.
(8202477:}
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FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020
Index #: EF2020-0470
Cl2020-12332
SECOND CAUSE OF ACTION
6. Plaintiff realleges each allegation contained in paragraphs 1 through 5 above.
7. Under the Agreement, in the event of default, defendant agreed to pay plaintiff's
costs and attorney fees for collection of amount due.
8. Defendant owes plaintiff costs and attomey fees in an amount to be determined by
the Court.
WHEREFORE, plaintiff respectfully demands judgment against the defendant as follows:
A. On the first cause of action, the principal sum of $11,808.88, accrued interest of
$611.16, late charges of $153.08 and account charges of $440.00 plus per diem interest of $2.43
(as calculated at the contractual rate of 7.5% per annum on the principal sum) from July 29, 2020
until the entry ofjudgment;
attorneys'
B. On the second cause of action, for costs and fees as determined by the
Court;
C. Granting such other and further relief as the Court deems just and proper.
Dated: a w , 2020 By: // d/7
Ro ester, New York John K. , gf(ndre'w, E
WOO s OVIATT GILMAN LLP
Att eys for Plaintif
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
(8202477:)
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FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020
Index #: EF2020-0470
C12020-12332
VERIFICATION
STATE OF NEW YORK )
COUNTY OF MONROE ) SS:
Douglas A. Roach, being duly sworn, deposes and says that he is an Assistant Vice
President for Five Star Bank, the financial institution in the within entitled action; that he has
read the foregoing complaint and knows the contents thereof; that the same is true to his own
knowledge, except as to the matters therein stated to be alleged upon information and belief, and
as to those matters he believes them to be true.
Sworn to before me on this
day of , 2020.
Notary Public,Stateof New York
Qualifiedin Monroe
County
Reg. No. 01PF4972161
Commission Expires Septernber 17, 2022
(8202477:}
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Preview
FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020 Cl2020-12332 Index # : EF2020-0470 CONSUMER CREDIT-TRANSACTION SUPREME COURT COUNTY OF TOMPKINS STATE OF NEW YORK FIVE STAR BANK 100 Chestnut Street Rochester, NY 14604 Plaintiff SUMMONS vs. DEBRA L. PEALO Case No.: 729 Harford Road Brooktondale, NY 14817, Defendant. To The Above Named Defendant: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on Plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is completed if this Summons is not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Plaintiff designates Tompkins County as the place of trial. The basis of venue is Defendant's place of residence. Defendant resides in the County of Tompkins, New York. The consumer credit m' transaction took place in Cortland County, New York. Plaintiff intains a place of business at 100 Chestnut Street, Rochester, NY 14604. Dated: //§f 3 { , 2020 By: John n rew, q. WO S OVIATT GILMAN LLP At rneys for Plaintiff 1 00 Bausch & Lomb Place Rochester, New York 14604 (585) 987-2800 (8202477:I 1 of 5 FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020 Index #: EF2020-0470 Cl2020-12332 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. Itdoes not affect your dealings with the Court, and in particular, itdoes not change the time in which you must answer this complaint. This legal pleading is a command from the Court, and you must follow itsinstructions and respond within the time period set forth in the summons, even if you dispute the validity or amount of the debt as set forth in the validation notice. The validation notice also does not affect our relations with the Court. As a law firm, we may file papers in this suit according to the Court's rules and the Judge's instructions. We are a debt collector, and this is an attempt to collect a debt. Any information we obtain will be used for that purpose. If you have questions this matter please contact LORI PFELL AT 1- 888-757-7553 OR 1-585- any regarding 987-2800 ext. 2856. (8202477:] 2 of 5 FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020 Cl2020-12332 Index #: EF2020-0470 SUPREME COURT COUNTY OF TOMPKINS STATE OF NEW YORK FIVE STAR BANK, VERIFIED Plaintiff, COMPLAINT vs. DEBRA L. PEALO, Case No.: Defendant. Plaintiff, Five Star Bank, by its attorneys Woods Oviatt Gilman LLP, for its Verified Complaint against defendant, alleges that: 1. Plaintiff is a New York bank authorized to do business in the State of New York, with an office located in the County of Monroe at 100 Chestnut Street, Rochester, NY 14604. 2. Upon information and belief, defendant resides in the County of Tompkins, and State of New York. 3. On February 4, 2019, defendant entered into an installment Auto Loan Agreement ("Agreement"), whereby defendant agreed to pay plaintiff the total amount of $28,704.75 in 75 equal monthly installments of $382.73, which includes interest. 4. Defendant breached the Agreement by failing to make the required payments in accordance with the terms of the Agreement. 5. The principal sum of $11,808.88, accrued interest of $611.16, late charges of $153.08, account charges of $440.00 plus per diem interest of $2.43 (as calculated at the contractual rate of 7.5% per annum on the principal sum) from July 29, 2020, the unpaid balance on the Agreement, remains due to plaintiff. (8202477:} 3 of 5 FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020 Index #: EF2020-0470 Cl2020-12332 SECOND CAUSE OF ACTION 6. Plaintiff realleges each allegation contained in paragraphs 1 through 5 above. 7. Under the Agreement, in the event of default, defendant agreed to pay plaintiff's costs and attorney fees for collection of amount due. 8. Defendant owes plaintiff costs and attomey fees in an amount to be determined by the Court. WHEREFORE, plaintiff respectfully demands judgment against the defendant as follows: A. On the first cause of action, the principal sum of $11,808.88, accrued interest of $611.16, late charges of $153.08 and account charges of $440.00 plus per diem interest of $2.43 (as calculated at the contractual rate of 7.5% per annum on the principal sum) from July 29, 2020 until the entry ofjudgment; attorneys' B. On the second cause of action, for costs and fees as determined by the Court; C. Granting such other and further relief as the Court deems just and proper. Dated: a w , 2020 By: // d/7 Ro ester, New York John K. , gf(ndre'w, E WOO s OVIATT GILMAN LLP Att eys for Plaintif Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 (8202477:) 4 of 5 FILED: TOMPKINS COUNTY CLERK 09/09/2020 03:16 PM INDEX NO. EF2020-0470 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/09/2020 Index #: EF2020-0470 C12020-12332 VERIFICATION STATE OF NEW YORK ) COUNTY OF MONROE ) SS: Douglas A. Roach, being duly sworn, deposes and says that he is an Assistant Vice President for Five Star Bank, the financial institution in the within entitled action; that he has read the foregoing complaint and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes them to be true. Sworn to before me on this day of , 2020. Notary Public,Stateof New York Qualifiedin Monroe County Reg. No. 01PF4972161 Commission Expires Septernber 17, 2022 (8202477:} 5 of 5