On January 20, 2021 a
Complaint,Petition
was filed
involving a dispute between
Jarred Smithers Dds,
and
James Garrett,
Trisha Garrett,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 01/20/2021 11:17 AM INDEX NO. 000497/2021
SUPREME COURT COUNTY OF ONONDAGA [PI19]
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021
DR. JARRED SMITHERS, D.D.S.
7555 MORGAN ROAD
LIVERPOOL, NY 13090
Plaintiff, INDEX #
FILED:
SUMMONS AND VERIFIED COMPLAINT
-vs- CONSUMER CREDIT TRANSACTION
TRISHA GARRETT & JAMES GARRETT JAMES GARRETT
202 NORTH MAIN ST APARTMENTS #14 202 NORTH MAIN ST APARTMENTS #14
NORTH SYRACUSE NY 13212 NORTH SYRACUSE NY 13212
Defendant(s), ATTORNEY FILE # 208259SMI
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 Plaintiffs
Attorney within the time as noted below. In case of your failureto appear or answer, Judgment will be taken against you by default
in the sum of $1,340.34, with interest thereon from January 2, 2020, together with the costs of thisaction.
Dated at Syracuse New York: January 15, 2021
NOTE: THE LAW PROVIDES THAT:
[A.] Ifthis SUMMONS is served by itsdelivery to you personally within the County of ONONDAGA, you must appear and
answer within 20 days after such service; or [B.] Ifthe SUMMONS is served by delivery to aperson, including an actual or statutory
designee, other than the defendant or outside the County of ONONDAGA or by publication, or by any means other than personal
delivery to the defendant within the County of ONONDAGA you are allowed THIRTY (30) days after service is complete within
which to appear and Answer.
THE BASIS OF THE VENUE: DEFENDANT(S) RESIDE IN ONONDAGA COUNTY.
COMPLAINT
A statement of the nature and substance of Plaintiffs cause of action isas follows:
[1.] Plaintiffis a Corporation duly authorized to do business in the State of New York.
[2.} Defendant(s) reside(s) in NORTH SYRACUSE NY 13212 County of ONONDAGA
[3.] Action for $1,340.34, with interest from January 2, 2020, being the balance due for the agreed price and reasonable value of
SERVICES furnished by Plaintiff to Defendant at the special instance and request of Defendant on or about and prior to January 2,
2020, that no part of said balance has been paid although payment has been duly demanded.
WHEREFORE Plaintiff demands judgment against Defendant in the sum of $1,340.34, with interestthereon from January 2, 2020,
the costs and disbursements of thisaction together with such other and further relief as to the court may seem just and proper.
THIS IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION PROVIDED BY YOU WILL BE USED FOR THAT PURPOSE.
TRANSACTION TOOK PLACE IN ONONDAGA COUNTY.
IN ADDITION TO THE PRINCIPAL AMOUNT QUOTED ABOVE
INTEREST, COURT COSTS AND DISBURSEMENTS AMOUNT TO $581.25.
TOTAL AMOUNT DUE $1,921.59.
1 of 2
AFFIRMATION
FILED: ONONDAGA COUNTY CLERK 01/20/2021 11:17 AM INDEX NO. 000497/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021
STATE OF NEW YORK: COUNTY OF ONONDAGA:
JOEL N. MELNICOFF being duly sworn states thathe is the attorney for the plaintiff in thisaction and that the foregoing complaint
istrue to his own knowledge, except as to those matter stated on information and belief and as tothose matters he believes itto be
true; that the grounds of his beliefas to allmatters not stated upon his knowledge are corresponde e /or other writings furnished
to him by the plaintiffand/or interviews with officers and/or em es of la iff
DATED: January 15, 2021
JOEL FF
CERTIFICATION
By signing a paper, an attorney or party certifies that,to the best of thatperson's knowledge, information and belief,formed after an
inquiry reasonable under the circumstances, (1) the presentation of the paper or the contentions therein are not frivolous as defined
in section 130-1.1© of thisSubpart, and (2)where the oaner isan initiatingoleading. (D the matter was not obtained through illegal
conduct. or that ifitwas. the attorney or other persons responsible for the ill'egalonduct aresot3arficipating in thematter or sharing
in any fee earned therefrom. and (ii)the matter was not obtained in vidlation/C42 NYéWt f260'41-afDR 7-11ll.
JOEL N EL J
_S_UPREME COURT COUNTY OF ONONDAGA
DR. JARRED SMITHERS, D.D.S.
7555 MORGAN ROAD
LIVERPOOL, NY 13090
Plaintiff,
-vs-
TRISHA GARRETT & JAMES GARRETT
202 NORTH MAIN ST APARTMENTS #14 202 NORTH MAIN ST APARTMENTS #14
NORTH SYRACUSE NY 13212 NORTH SYRACUSE NY 13212
Defendants
SUMMONS AND VERIFIED COMPLAINT
Attorney FileNo. 208259-SMI
____________________________ __
JOEL N. MELNICOFF
ATTORNEY FOR PLAINTIFF
120 East Washington Street Suite 622
Syracuse, New York 13202-4105
TEL: (315) 422-5564 FAX: (315) 474-7484 TOLL FREE 866-425-0816
POE: ST JOSEPHS HOSPITAL HEALTH CENTER 301 PROSPECT AVE SYRACUSE, NEW YORK 13203
2 of 2
Document Filed Date
January 20, 2021
Case Filing Date
January 20, 2021
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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Preview
FILED: ONONDAGA COUNTY CLERK 01/20/2021 11:17 AM INDEX NO. 000497/2021 SUPREME COURT COUNTY OF ONONDAGA [PI19] NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021 DR. JARRED SMITHERS, D.D.S. 7555 MORGAN ROAD LIVERPOOL, NY 13090 Plaintiff, INDEX # FILED: SUMMONS AND VERIFIED COMPLAINT -vs- CONSUMER CREDIT TRANSACTION TRISHA GARRETT & JAMES GARRETT JAMES GARRETT 202 NORTH MAIN ST APARTMENTS #14 202 NORTH MAIN ST APARTMENTS #14 NORTH SYRACUSE NY 13212 NORTH SYRACUSE NY 13212 Defendant(s), ATTORNEY FILE # 208259SMI 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 Plaintiffs Attorney within the time as noted below. In case of your failureto appear or answer, Judgment will be taken against you by default in the sum of $1,340.34, with interest thereon from January 2, 2020, together with the costs of thisaction. Dated at Syracuse New York: January 15, 2021 NOTE: THE LAW PROVIDES THAT: [A.] Ifthis SUMMONS is served by itsdelivery to you personally within the County of ONONDAGA, you must appear and answer within 20 days after such service; or [B.] Ifthe SUMMONS is served by delivery to aperson, including an actual or statutory designee, other than the defendant or outside the County of ONONDAGA or by publication, or by any means other than personal delivery to the defendant within the County of ONONDAGA you are allowed THIRTY (30) days after service is complete within which to appear and Answer. THE BASIS OF THE VENUE: DEFENDANT(S) RESIDE IN ONONDAGA COUNTY. COMPLAINT A statement of the nature and substance of Plaintiffs cause of action isas follows: [1.] Plaintiffis a Corporation duly authorized to do business in the State of New York. [2.} Defendant(s) reside(s) in NORTH SYRACUSE NY 13212 County of ONONDAGA [3.] Action for $1,340.34, with interest from January 2, 2020, being the balance due for the agreed price and reasonable value of SERVICES furnished by Plaintiff to Defendant at the special instance and request of Defendant on or about and prior to January 2, 2020, that no part of said balance has been paid although payment has been duly demanded. WHEREFORE Plaintiff demands judgment against Defendant in the sum of $1,340.34, with interestthereon from January 2, 2020, the costs and disbursements of thisaction together with such other and further relief as to the court may seem just and proper. THIS IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION PROVIDED BY YOU WILL BE USED FOR THAT PURPOSE. TRANSACTION TOOK PLACE IN ONONDAGA COUNTY. IN ADDITION TO THE PRINCIPAL AMOUNT QUOTED ABOVE INTEREST, COURT COSTS AND DISBURSEMENTS AMOUNT TO $581.25. TOTAL AMOUNT DUE $1,921.59. 1 of 2 AFFIRMATION FILED: ONONDAGA COUNTY CLERK 01/20/2021 11:17 AM INDEX NO. 000497/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/20/2021 STATE OF NEW YORK: COUNTY OF ONONDAGA: JOEL N. MELNICOFF being duly sworn states thathe is the attorney for the plaintiff in thisaction and that the foregoing complaint istrue to his own knowledge, except as to those matter stated on information and belief and as tothose matters he believes itto be true; that the grounds of his beliefas to allmatters not stated upon his knowledge are corresponde e /or other writings furnished to him by the plaintiffand/or interviews with officers and/or em es of la iff DATED: January 15, 2021 JOEL FF CERTIFICATION By signing a paper, an attorney or party certifies that,to the best of thatperson's knowledge, information and belief,formed after an inquiry reasonable under the circumstances, (1) the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1© of thisSubpart, and (2)where the oaner isan initiatingoleading. (D the matter was not obtained through illegal conduct. or that ifitwas. the attorney or other persons responsible for the ill'egalonduct aresot3arficipating in thematter or sharing in any fee earned therefrom. and (ii)the matter was not obtained in vidlation/C42 NYéWt f260'41-afDR 7-11ll. JOEL N EL J _S_UPREME COURT COUNTY OF ONONDAGA DR. JARRED SMITHERS, D.D.S. 7555 MORGAN ROAD LIVERPOOL, NY 13090 Plaintiff, -vs- TRISHA GARRETT & JAMES GARRETT 202 NORTH MAIN ST APARTMENTS #14 202 NORTH MAIN ST APARTMENTS #14 NORTH SYRACUSE NY 13212 NORTH SYRACUSE NY 13212 Defendants SUMMONS AND VERIFIED COMPLAINT Attorney FileNo. 208259-SMI ____________________________ __ JOEL N. MELNICOFF ATTORNEY FOR PLAINTIFF 120 East Washington Street Suite 622 Syracuse, New York 13202-4105 TEL: (315) 422-5564 FAX: (315) 474-7484 TOLL FREE 866-425-0816 POE: ST JOSEPHS HOSPITAL HEALTH CENTER 301 PROSPECT AVE SYRACUSE, NEW YORK 13203 2 of 2