Preview
FILED: MONTGOMERY COUNTY CLERK 08/26/2021 02:25 PM INDEX NO. EF2021-617
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
File #560879L cag
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK, SUPREME COURT
COUNTY OF MONTGOMERY
__________________________________________________________________
Sunmark Credit Union (formerly known as Sunmark
Federal Credit Union),
Plaintiff,
S U M M O N S
INDEX NO.:
Date Filed:
The basis of the venue designated is:
-against-
[ X ] The defendant(s) resides or
maintains a place of business in the
County of Montgomery, New York.
[ ] The transaction took place in the
county of Schenectady, New York.
Jill R. Shang,
Defendant(s),
_______________________________________________ ._______
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action to serve a copy of
your answer on the Plaintiff's Attorneys within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after service is complete if this 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.
NOTICE: This communication is from a debt collector. This is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Dated, August 7, 2021
THE SGA BETTERA LAW FIRM
BY: Sgambettera
Attorney for Plaintiff
650 Franklin Street, Suite 310
Schenectady, New York 12305
Phone: (518) 372-4275
Defendant Address:
65 Fort Johnson Ave
Fort Johnson, NY 12070
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FILED: MONTGOMERY COUNTY CLERK 08/26/2021 02:25 PM INDEX NO. EF2021-617
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
STATE OF NEW YORK INDEX #
SUPREME COURT COUNTY OF MONTGOMERY
___________________________________________________.____
Sunmark Credit Union (formerly known as
Sunmark Federal Credit Union),
-against- V E R I F I E D
C O M P L A I N T
Jill R. Shang,
Defendant,
______________________..______.._____________________
Plaintiff, complaining of the Defendant by The Sgambettera Law Firm, its attorney, alleges:
1. At all times mentioned herein, Plaintiff was and still is a credit union duly organized and
existing under and pursuant to the laws of the United States of America with its principal office
in Latham, Albany County, New York.
2. At all times hereinafter mentioned the Defendant was a resident of Montgomery County, New
York.
AS AND FOR A FIRST CAUSE OF ACTION
3. On or about November 2, 2016 the Defendant applied to the Plaintiff for the issuance of a
VISA Credit Card Account.
4. On or about November 2, 2016 the Plaintiff established a VISA Credit Card Account in the
name of the Defendant, Jill R. Shang, in accordance with a Sunmark Credit Union (formerly
known as Sunmark Federal Credit Union) VISA Credit Card Agreement, a copy of which is
annexed hereto as Exhibit A.
5. Upon information and belief the Agreement was signed by the Defendant in Schenectady
County, New York.
6. The last four digits of the credit card account are 0632.
7. Pursuant to the terms thereof, Defendant accepted the terms and conditions thereof by the use
of the card.
8. Defendant breached the said Agreement by failing to make payments to the Plaintiff as
agreed.
9. The last payment made by the Defendant was on May 21, 2019, in the amount of $111.00.
10. On July 7, 2021 Plaintiff duly demanded payment of the full amount owed by Defendant to
the Plaintiff to wit the principal balance of $6,528.23 together with interest from May 21, 2019,
no part of which has been paid.
11. There is now due and owing the sum of $6,528.23 together with interest thereon from May
21, 2019 at the rate of 9% per year.
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FILED: MONTGOMERY COUNTY CLERK 08/26/2021 02:25 PM INDEX NO. EF2021-617
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
AS AND FOR A SECOND CAUSE OF ACTION
12. Plaintiff repeats and realleges each and every allegation contained in paragraphs 3 through
11 as though fully set forth and realleged herein.
13. Pursuant to the said Agreement, the Defendant specifically agreed in the event of default to
pay attorneys fees in a reasonable amount.
14. The Defendant defaulted by having failed to make payments as agreed and the Agreement
has been placed with The Sgambettera Law Firm for collection.
15. Attorneys fees equal to 20% of the amount due at the time that this matter was assigned to
The Sgambettera Law Firm are reasonable in this matter.
16. At the time that the said Agreement was placed with an attorney for collection, the balance
thereon owing was $6,528.23.
17. There is now due and owing to the Plaintiff the sum of $1,305.65 which said sum represents
a reasonable amount as and for its attorney fees.
WHEREFORE, Plaintiff demands Judgment against the Defendant as follows:
A. As to the first cause of action against the Defendant in the sum of $6,528.23 together with
interest thereon from May 21, 2019 at the rate of 9% per year; and,
B. As to the second cause of action against the Defendant in the sum of $1,305.65 together with
the costs and disbursements of this action.
THE SGAMBETTERA LAW FIRM
BY: Sgambettera
Attorney for Plaintiff
650 Franklin Street, Suite 310
Schenectady, New York 12305
Phone: (518) 372-4275
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
STATE OF NEW YORK
COUNTY OF ALBANY
CITY OF LATHAM
Michelle DeGraw, being duly sworn deposes and says that she is the Member Resolution
Manager, of the Plaintiff in this action; that she read the foregoing Complaint and knows the
contents thereof; that the same is true to the knowledge of deponent, except as to matters therein
stated to be alleged on information and belief, and that as to those matters she believes it to be
true. Deponent further says that the reason this verification is made by Plaintiff is because said
Plaintiff is a corporation and the grounds of deponent's belief as to all matters in the said
Complaint not stated upon her own knowledge are investigations which deponent has caused to
be made concerning the subject matter of this Complaint and information acquired deponent
by
in the course of her duties as an employee of said corporation and from the books and papers of
the said corporation.
i helle DeGraw
Sworn to before me this
day of , 2021.
Notary Public
KARENMTOPE
NOTARY IUBLIC, STATE OF NEW YORK
Regimmion New0110631%11
Qualisal in Schenandy
Expins GU2340
4 of 4
Preview
FILED: MONTGOMERY COUNTY CLERK 08/26/2021 02:25 PM INDEX NO. EF2021-617 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 File #560879L cag CONSUMER CREDIT TRANSACTION STATE OF NEW YORK, SUPREME COURT COUNTY OF MONTGOMERY __________________________________________________________________ Sunmark Credit Union (formerly known as Sunmark Federal Credit Union), Plaintiff, S U M M O N S INDEX NO.: Date Filed: The basis of the venue designated is: -against- [ X ] The defendant(s) resides or maintains a place of business in the County of Montgomery, New York. [ ] The transaction took place in the county of Schenectady, New York. Jill R. Shang, Defendant(s), _______________________________________________ ._______ To the above named Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action to serve a copy of your answer on the Plaintiff's Attorneys within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after service is complete if this 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. NOTICE: This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Dated, August 7, 2021 THE SGA BETTERA LAW FIRM BY: Sgambettera Attorney for Plaintiff 650 Franklin Street, Suite 310 Schenectady, New York 12305 Phone: (518) 372-4275 Defendant Address: 65 Fort Johnson Ave Fort Johnson, NY 12070 1 of 4 FILED: MONTGOMERY COUNTY CLERK 08/26/2021 02:25 PM INDEX NO. EF2021-617 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 STATE OF NEW YORK INDEX # SUPREME COURT COUNTY OF MONTGOMERY ___________________________________________________.____ Sunmark Credit Union (formerly known as Sunmark Federal Credit Union), -against- V E R I F I E D C O M P L A I N T Jill R. Shang, Defendant, ______________________..______.._____________________ Plaintiff, complaining of the Defendant by The Sgambettera Law Firm, its attorney, alleges: 1. At all times mentioned herein, Plaintiff was and still is a credit union duly organized and existing under and pursuant to the laws of the United States of America with its principal office in Latham, Albany County, New York. 2. At all times hereinafter mentioned the Defendant was a resident of Montgomery County, New York. AS AND FOR A FIRST CAUSE OF ACTION 3. On or about November 2, 2016 the Defendant applied to the Plaintiff for the issuance of a VISA Credit Card Account. 4. On or about November 2, 2016 the Plaintiff established a VISA Credit Card Account in the name of the Defendant, Jill R. Shang, in accordance with a Sunmark Credit Union (formerly known as Sunmark Federal Credit Union) VISA Credit Card Agreement, a copy of which is annexed hereto as Exhibit A. 5. Upon information and belief the Agreement was signed by the Defendant in Schenectady County, New York. 6. The last four digits of the credit card account are 0632. 7. Pursuant to the terms thereof, Defendant accepted the terms and conditions thereof by the use of the card. 8. Defendant breached the said Agreement by failing to make payments to the Plaintiff as agreed. 9. The last payment made by the Defendant was on May 21, 2019, in the amount of $111.00. 10. On July 7, 2021 Plaintiff duly demanded payment of the full amount owed by Defendant to the Plaintiff to wit the principal balance of $6,528.23 together with interest from May 21, 2019, no part of which has been paid. 11. There is now due and owing the sum of $6,528.23 together with interest thereon from May 21, 2019 at the rate of 9% per year. 2 of 4 FILED: MONTGOMERY COUNTY CLERK 08/26/2021 02:25 PM INDEX NO. EF2021-617 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 AS AND FOR A SECOND CAUSE OF ACTION 12. Plaintiff repeats and realleges each and every allegation contained in paragraphs 3 through 11 as though fully set forth and realleged herein. 13. Pursuant to the said Agreement, the Defendant specifically agreed in the event of default to pay attorneys fees in a reasonable amount. 14. The Defendant defaulted by having failed to make payments as agreed and the Agreement has been placed with The Sgambettera Law Firm for collection. 15. Attorneys fees equal to 20% of the amount due at the time that this matter was assigned to The Sgambettera Law Firm are reasonable in this matter. 16. At the time that the said Agreement was placed with an attorney for collection, the balance thereon owing was $6,528.23. 17. There is now due and owing to the Plaintiff the sum of $1,305.65 which said sum represents a reasonable amount as and for its attorney fees. WHEREFORE, Plaintiff demands Judgment against the Defendant as follows: A. As to the first cause of action against the Defendant in the sum of $6,528.23 together with interest thereon from May 21, 2019 at the rate of 9% per year; and, B. As to the second cause of action against the Defendant in the sum of $1,305.65 together with the costs and disbursements of this action. THE SGAMBETTERA LAW FIRM BY: Sgambettera Attorney for Plaintiff 650 Franklin Street, Suite 310 Schenectady, New York 12305 Phone: (518) 372-4275 3 of 4 FILED: MONTGOMERY COUNTY CLERK 08/26/2021 02:25 PM INDEX NO. EF2021-617 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 STATE OF NEW YORK COUNTY OF ALBANY CITY OF LATHAM Michelle DeGraw, being duly sworn deposes and says that she is the Member Resolution Manager, of the Plaintiff in this action; that she read the foregoing Complaint and knows the contents thereof; that the same is true to the knowledge of deponent, except as to matters therein stated to be alleged on information and belief, and that as to those matters she believes it to be true. Deponent further says that the reason this verification is made by Plaintiff is because said Plaintiff is a corporation and the grounds of deponent's belief as to all matters in the said Complaint not stated upon her own knowledge are investigations which deponent has caused to be made concerning the subject matter of this Complaint and information acquired deponent by in the course of her duties as an employee of said corporation and from the books and papers of the said corporation. i helle DeGraw Sworn to before me this day of , 2021. Notary Public KARENMTOPE NOTARY IUBLIC, STATE OF NEW YORK Regimmion New0110631%11 Qualisal in Schenandy Expins GU2340 4 of 4