Preview
FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
ESL FEDERAL CREDIT UNION, Plaintiff designates County of
Yates as Place of trial. 1
Plaintiff,
SUMMONS
-vs-
Index No.
MATTHEW G. HOWELL,
The basis of venue is
Defendant. Defendant's place of
residence.
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer on the plaintiff's attorney within twenty (20) days after the service of this summens, exclusive
of the day of service (or within 30 days after the service is complete if this summons is not personally
delivered to you within the State of New York); and in case of your failure to answer, judgecñt will be
taken against you by default for the relief demanded in the complaint
Dated: July 19, 2021
HARRIS BEACH PLLC
Mary M. Connors, Esq.
Kevin Tompsett, Esq.
Attorneys for Plaintiff
Office and Post Office Address
99 Garnsey Road
Pittsford, New York 14534
Telephone: (585) 419-8800
Defendant's Address:
Matthew G. Howell
319 North Avenue
Penn Yan, New York 14527
HARRIS BEACH e
ATTORNEYS
ATLAW
1 of 4
FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
ESL FEDERAL CREDIT UNION,
Plaintiff, VERIFIED COMPLAINT
-against- Index No.
MATTHEW G. HOWELL,
Defendant.
The Plaintiff, ESL Federal Credit Union, ("Plaintiff"), by and through its attorneys, Harris
Beach PLLC, as and for its Verified Complaint against Defendant Matthew G. Howell
("Defendant") alleges as follows:
1. Plaintiff is a Credit Union, with its principal office and place of business located at
225 Chestnut Street, Rochester NY 14604.
2. Upon information and belief, Defendant is an individual residing at 319 North
Avenue,. Penn Yan NY 14527 in Yates County.
3. Defendant has defaulted in making payments under a Retail Instalment Contract
(the "Contract") dated December 12, 2016 under which Plaintiff advanced funds to or on behalf
of Defendant for the purchase of a 201I Ford F-150.
4. There is now due and owing to Plaintiff from Defendant under the Contract the sum
of $11,338.48 plus interest at the rate of 10.50% on the principal balance of $10,138.78 from June
09, 2021, none of which has been paid, despite Plaintiff's demand for payment.
5. The Contract provides that Defendant would be liable for Plaintiff's reasonable
attorney's fees and/or collection costs.
HARRIS BEACH E 1
ATTORNEYS
ATLAW
Howell, Matthew G.
2 of 4
FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
WHEREFORE, the Plaintiff deiñands judgment against the Defeñdañt in the amount of
$11,338.48 plus interest at the rate of 10.50% on the principal balance of $10,138.78 from June
09, 2021, together with the costs and disbursements of this action and for such other and further
relief as this court may deem just and proper including Plaintiff's reasonable attorney fees.
Dated: July 19, 2021
HARRIS BEACH PLLC
BY:
Mary M. Connors, Esq.
Kevin Tompsett, Esq.
Attorneys for Plaintiff
Office and Post Office Address
99 Garnsey Road
Pittsford, New York 14534
Telephone: (585) 419-8800
HARRIS BEACH e
ATIORNEYS
ATLAW 2
Howell, Matthew G.
3 of 4
FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
VERIFICATl0N
STATE OF NEW Y ORK )
COUNTY Off MONROE ) S$:
Ernest LaRoche, being duly sworn deposes and says:
That depancñt is the Manapt ofloan Payment Solutions of ESL Federal Credit Union,
the corporate Plaintiff in the above-entitled actionitbat dcpcñent has read the foregoing Verified
Coniplaint and knows the contents thereof; that the same is trué to dcpoñóñt's knówledge except
as to the matters stated to be alleged upon information and belief, and as to thøseanatters deponent
believes them to be true,
This verification is made by deponentbecause ESL Fedcrâ! Credit Union is a credit union
and deponent is its Manager of Loan Payment Sou^ña
Depoñest further says that the grounds of depoacasts belief as to all matters in the Ver ed
Complaint not stated to be upòn aneancat's knowladgó are based upon documst=Ee
from the records of Plaintiff substantiating the claim.
Ernest LaRoche
Swon to hefore me this . day
of LA , 202
Notary Public
KENQRA N CARGlLL
Notary Public, State of New York
Reg. NO. 03 CA6294274
Qualified in Monroé County
Commission Expires Deer is, 203
Information pursuant to Section 5018(c)vf the Civil Practices Law and Rules;
Residence of Dëfendant: 319 North Avenue, Penn Yan New York 14527
Business address of Plaintiff: 225 Chestnut Street, Rochester, NY 14604
HARRIS BEACH e 3
AsLaw
ArtoANews
Howe0, Matthew U.
4 of 4
Preview
FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021 CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF YATES ESL FEDERAL CREDIT UNION, Plaintiff designates County of Yates as Place of trial. 1 Plaintiff, SUMMONS -vs- Index No. MATTHEW G. HOWELL, The basis of venue is Defendant. Defendant's place of residence. YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorney within twenty (20) days after the service of this summens, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to answer, judgecñt will be taken against you by default for the relief demanded in the complaint Dated: July 19, 2021 HARRIS BEACH PLLC Mary M. Connors, Esq. Kevin Tompsett, Esq. Attorneys for Plaintiff Office and Post Office Address 99 Garnsey Road Pittsford, New York 14534 Telephone: (585) 419-8800 Defendant's Address: Matthew G. Howell 319 North Avenue Penn Yan, New York 14527 HARRIS BEACH e ATTORNEYS ATLAW 1 of 4 FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF YATES ESL FEDERAL CREDIT UNION, Plaintiff, VERIFIED COMPLAINT -against- Index No. MATTHEW G. HOWELL, Defendant. The Plaintiff, ESL Federal Credit Union, ("Plaintiff"), by and through its attorneys, Harris Beach PLLC, as and for its Verified Complaint against Defendant Matthew G. Howell ("Defendant") alleges as follows: 1. Plaintiff is a Credit Union, with its principal office and place of business located at 225 Chestnut Street, Rochester NY 14604. 2. Upon information and belief, Defendant is an individual residing at 319 North Avenue,. Penn Yan NY 14527 in Yates County. 3. Defendant has defaulted in making payments under a Retail Instalment Contract (the "Contract") dated December 12, 2016 under which Plaintiff advanced funds to or on behalf of Defendant for the purchase of a 201I Ford F-150. 4. There is now due and owing to Plaintiff from Defendant under the Contract the sum of $11,338.48 plus interest at the rate of 10.50% on the principal balance of $10,138.78 from June 09, 2021, none of which has been paid, despite Plaintiff's demand for payment. 5. The Contract provides that Defendant would be liable for Plaintiff's reasonable attorney's fees and/or collection costs. HARRIS BEACH E 1 ATTORNEYS ATLAW Howell, Matthew G. 2 of 4 FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021 WHEREFORE, the Plaintiff deiñands judgment against the Defeñdañt in the amount of $11,338.48 plus interest at the rate of 10.50% on the principal balance of $10,138.78 from June 09, 2021, together with the costs and disbursements of this action and for such other and further relief as this court may deem just and proper including Plaintiff's reasonable attorney fees. Dated: July 19, 2021 HARRIS BEACH PLLC BY: Mary M. Connors, Esq. Kevin Tompsett, Esq. Attorneys for Plaintiff Office and Post Office Address 99 Garnsey Road Pittsford, New York 14534 Telephone: (585) 419-8800 HARRIS BEACH e ATIORNEYS ATLAW 2 Howell, Matthew G. 3 of 4 FILED: YATES COUNTY CLERK 07/22/2021 08:42 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021 VERIFICATl0N STATE OF NEW Y ORK ) COUNTY Off MONROE ) S$: Ernest LaRoche, being duly sworn deposes and says: That depancñt is the Manapt ofloan Payment Solutions of ESL Federal Credit Union, the corporate Plaintiff in the above-entitled actionitbat dcpcñent has read the foregoing Verified Coniplaint and knows the contents thereof; that the same is trué to dcpoñóñt's knówledge except as to the matters stated to be alleged upon information and belief, and as to thøseanatters deponent believes them to be true, This verification is made by deponentbecause ESL Fedcrâ! Credit Union is a credit union and deponent is its Manager of Loan Payment Sou^ña Depoñest further says that the grounds of depoacasts belief as to all matters in the Ver ed Complaint not stated to be upòn aneancat's knowladgó are based upon documst=Ee from the records of Plaintiff substantiating the claim. Ernest LaRoche Swon to hefore me this . day of LA , 202 Notary Public KENQRA N CARGlLL Notary Public, State of New York Reg. NO. 03 CA6294274 Qualified in Monroé County Commission Expires Deer is, 203 Information pursuant to Section 5018(c)vf the Civil Practices Law and Rules; Residence of Dëfendant: 319 North Avenue, Penn Yan New York 14527 Business address of Plaintiff: 225 Chestnut Street, Rochester, NY 14604 HARRIS BEACH e 3 AsLaw ArtoANews Howe0, Matthew U. 4 of 4