Preview
FILED: ERIE COUNTY CLERK 04/12/2021 01:45 PM INDEX NO. 804737/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021
SUPREME COURT STATE OF NEW YORK
COUNTY OF ERIE
Visions Federal Credit Union CONSUMER CREDIT TRANSACTION
24 McKinley Avenue
Endicott NY 13760
Plaintiff SUMMONS
-vs-
Index No.
Richard R. Shaker
13 Wayne Street
Depew NY 14043
The transaction took place in the
County of Broome
Defendant(s).
To the above named Defendant(s) :
You are hereby summmed to answer the complaint in this action and to serve a copy of your answer, or,
if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s)
within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service
is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
The basis of the venue designated is:Residence of Defendant
Dated: April 12, 2021
Defendant's Address:
13 Wayne Street
Depew NY 14043
FORSYTH, HOWE, O'DWYER, KALB & MURPHY, P.C.
Attorneys for Plaintiff
One S. Clinton Avenue, Suite 1000
Rochester, New York 14604
(585) 295-7785
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FILED: ERIE COUNTY CLERK 04/12/2021 01:45 PM INDEX NO. 804737/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021
SUPREME COURT
STATE OF NEW YORK COUNTY OF ERIE
Visions Federal Credit Union
24 McKinley Avenue
Endicott NY 13760
Plaintiff, COMPLAINT
-vs Index No.
Richard R. Shaker
13 Wayne Street
Depew NY 14043
Defendant(s).
Plaintiff, by itsattorneys, FORSYTH, HOWE, O'DWYER, KALB & MURPHY, P.C. as and for its
complaint herein alleges as follows:
1. Plaintiff is a federally chartered credit union, with offices for the transaction of business in the
County of Broome and State of NY.
2. Upon information and belief, defendant(s) is a/are resident(s) of the County of Erie, State of NY.
AS AND FOR A FIRST CAUSE OF ACTION HEREIN
3. Paragraphs 1 through 2 are hereby re-alleged with the same force and effect as if set forth
fully
herein.
4. Defendant(s) owes/owe Plaintiff a balance of $5,258.10 including fimance charges calculated at
the annual percentage rate of 13.25% to December 24, 2019, for money lent by Plaintiff pursuant to the terms of
a Visa Agreemêñt executed by Defendant(s), as borrower(s), on or about January 20, 2012. Finance charges
continue to accrue at said rate.
5. Defendant(s) has/have defaulted in the rcpayment of said loan.
6. As a consequence of said default, the Defendant(s) owes/owe the Plaintiff itsreasonable attorneys
fees in accordance with the terms of said Agreement.
AS AND FOR A_SEC_OND CAUSE OF ACTION HEREIN
7. Paragraphs 1 through 6 are hereby re-alleged with the same force and effect as if set forth
fully
herein.
8. Defendant(s) owes/owe Plaintiff a balance of $10,336.22 including finance charges calculated at
the annual percentage rate of 4.50 % to January 8, 2020, for money lent by Plaintiff pursuant to the terms of a
Note and Security Agreement executed by Defendant(s), as borrower(s), on or about October 11, 2016. Finance
charges continue to accrue at said rate.
9. Defendant(s) has/have defaulted in the repayment of said loan.
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FILED: ERIE COUNTY CLERK 04/12/2021 01:45 PM INDEX NO. 804737/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021
10. As a coñëqüênce of said default, the Defendant(s) owes/owe the Plaintiff itsreasonable attorneys
fees in accordance with the terms of said.
AS AND FOR A THIRD CAUSE OF ACTION HEREIN
1 l. Paragraphs 1 through 10 are hereby re-alleged with the same force and effect as iffully set forth
herein.
12. Defendañt(s) owes/owe Plaintiff a balance of $5,524.99 iñc:üdiñg finance charges calculated at
the annual percentage rate of 6.49 % to January 8, 2020, for money lent by Plaintiff pursuant to the terms of a
Note and Security Agreement executed by Defendant(s), as borrower(s), on or about March 15, 2018. Finance
charges continue to accrue at said rate.
13. Defendant(s) has/have defaulted in the repayment of said loan.
14. As a consequence of said default, the Defendañt(s) owes/owe the Plaintiff itsreasonable attorneys
fees in accordance with the terms of said.
WHEREFORE, Plaintiff demands judgment against the Defendant as follows:
A. $5,258.10 on the first cause of action;
B. $10,336.22 on the second cause of action;
C. $5,524.99 on the third cause of action;
Together with finance charges and interest from December 24, 2019 on thefirst cause of action and interest
from January 8, 2020 on the second and third causes of action, plus costs, disbursements, reasonable attorney fees
in the amount of $7,039.06 or in such amount as is determined by the court and other such further relief as to the
court may seem just and proper.
Dated: April 12, 2021
Yours, etc.
Mark A. Drexler, Esq.
Forsyth, Howe, O'Dwyer, Kalb & Murphy, P.C.
Attorneys for Plaintiff
One S. Clinton Avenue, Suite 1000
Rochester, N. Y. 14604
(585) 295-7785
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Preview
FILED: ERIE COUNTY CLERK 04/12/2021 01:45 PM INDEX NO. 804737/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 SUPREME COURT STATE OF NEW YORK COUNTY OF ERIE Visions Federal Credit Union CONSUMER CREDIT TRANSACTION 24 McKinley Avenue Endicott NY 13760 Plaintiff SUMMONS -vs- Index No. Richard R. Shaker 13 Wayne Street Depew NY 14043 The transaction took place in the County of Broome Defendant(s). To the above named Defendant(s) : You are hereby summmed to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of the venue designated is:Residence of Defendant Dated: April 12, 2021 Defendant's Address: 13 Wayne Street Depew NY 14043 FORSYTH, HOWE, O'DWYER, KALB & MURPHY, P.C. Attorneys for Plaintiff One S. Clinton Avenue, Suite 1000 Rochester, New York 14604 (585) 295-7785 1 of 3 FILED: ERIE COUNTY CLERK 04/12/2021 01:45 PM INDEX NO. 804737/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 SUPREME COURT STATE OF NEW YORK COUNTY OF ERIE Visions Federal Credit Union 24 McKinley Avenue Endicott NY 13760 Plaintiff, COMPLAINT -vs Index No. Richard R. Shaker 13 Wayne Street Depew NY 14043 Defendant(s). Plaintiff, by itsattorneys, FORSYTH, HOWE, O'DWYER, KALB & MURPHY, P.C. as and for its complaint herein alleges as follows: 1. Plaintiff is a federally chartered credit union, with offices for the transaction of business in the County of Broome and State of NY. 2. Upon information and belief, defendant(s) is a/are resident(s) of the County of Erie, State of NY. AS AND FOR A FIRST CAUSE OF ACTION HEREIN 3. Paragraphs 1 through 2 are hereby re-alleged with the same force and effect as if set forth fully herein. 4. Defendant(s) owes/owe Plaintiff a balance of $5,258.10 including fimance charges calculated at the annual percentage rate of 13.25% to December 24, 2019, for money lent by Plaintiff pursuant to the terms of a Visa Agreemêñt executed by Defendant(s), as borrower(s), on or about January 20, 2012. Finance charges continue to accrue at said rate. 5. Defendant(s) has/have defaulted in the rcpayment of said loan. 6. As a consequence of said default, the Defendant(s) owes/owe the Plaintiff itsreasonable attorneys fees in accordance with the terms of said Agreement. AS AND FOR A_SEC_OND CAUSE OF ACTION HEREIN 7. Paragraphs 1 through 6 are hereby re-alleged with the same force and effect as if set forth fully herein. 8. Defendant(s) owes/owe Plaintiff a balance of $10,336.22 including finance charges calculated at the annual percentage rate of 4.50 % to January 8, 2020, for money lent by Plaintiff pursuant to the terms of a Note and Security Agreement executed by Defendant(s), as borrower(s), on or about October 11, 2016. Finance charges continue to accrue at said rate. 9. Defendant(s) has/have defaulted in the repayment of said loan. 2 of 3 FILED: ERIE COUNTY CLERK 04/12/2021 01:45 PM INDEX NO. 804737/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/12/2021 10. As a coñëqüênce of said default, the Defendant(s) owes/owe the Plaintiff itsreasonable attorneys fees in accordance with the terms of said. AS AND FOR A THIRD CAUSE OF ACTION HEREIN 1 l. Paragraphs 1 through 10 are hereby re-alleged with the same force and effect as iffully set forth herein. 12. Defendañt(s) owes/owe Plaintiff a balance of $5,524.99 iñc:üdiñg finance charges calculated at the annual percentage rate of 6.49 % to January 8, 2020, for money lent by Plaintiff pursuant to the terms of a Note and Security Agreement executed by Defendant(s), as borrower(s), on or about March 15, 2018. Finance charges continue to accrue at said rate. 13. Defendant(s) has/have defaulted in the repayment of said loan. 14. As a consequence of said default, the Defendañt(s) owes/owe the Plaintiff itsreasonable attorneys fees in accordance with the terms of said. WHEREFORE, Plaintiff demands judgment against the Defendant as follows: A. $5,258.10 on the first cause of action; B. $10,336.22 on the second cause of action; C. $5,524.99 on the third cause of action; Together with finance charges and interest from December 24, 2019 on thefirst cause of action and interest from January 8, 2020 on the second and third causes of action, plus costs, disbursements, reasonable attorney fees in the amount of $7,039.06 or in such amount as is determined by the court and other such further relief as to the court may seem just and proper. Dated: April 12, 2021 Yours, etc. Mark A. Drexler, Esq. Forsyth, Howe, O'Dwyer, Kalb & Murphy, P.C. Attorneys for Plaintiff One S. Clinton Avenue, Suite 1000 Rochester, N. Y. 14604 (585) 295-7785 3 of 3