Preview
FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTY OF CAYUGA STATE OF NEW YORK
FIVE STAR BANK.
100 Chestnut Street
Rochester, NY 14604
Plaintiff, SUMMONS
Vs.
SANDRA DHE Case No.
2 Loop Road, Apt. 2 ase NO.:
Auburn, NY 13021,
Defendant.
To The Above Named Defendant:
YOU ARE HEREBY SUMMONEDto answer the Complaint in this action and to serve a copy of
your Answeron Plaintiffs 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 Summonsis not
personally delivered to you within the State of New York. In case of your failure to appear or answer,
judgmentwill be taken against you by default for the relief demanded in the Complaint.
Plaintiff designates Cayuga Countyasthe place oftrial. The basis of venue is Defendant’s place
of residence. Defendant resides in the County of Cayuga, New York. The consumercredit transaction
took place in Cortland County, New York. Plaintiff maintains a place of business at 100 ChestnutStreet,
Rochester, NY 14604.
Dated: LL wre te LE , 2021 By: Ya 41-1 ~)
J nggokoviarr Es.
WwW O OVIATT GILMAN LLP
Attorneysfor Plaintiff
1900 Bausch & Lomb Place
Rochester, New York 14604
(585) 987-2800
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FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
IMPORTANT NOTICE
Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices
Act. That notice concerns your dealings with usas a debt collector. It doesnot affect yourdealings with
the Court, and in particular, it does not changethe time in which you must answerthis complaint. This
legal pleading is a command from the Court, and you must follow its instructions and respond within the
time period set forth in the summons,even if you dispute the validity or amountof the debt asset forth in
the validation notice. The validation notice also does not affect our relations with the Court. As a law
firm, we mayfile papers in this suit according to the Court’s rules and the Judge’s instructions.
Weare a debtcollector, and this is an attempt to collect a debt. Any information weobtain will be
used for that purpose.
If you have any questions regarding this matter please contact LORI PFEIL AT 1- 888-757-7553 OR 1-585-
987-2800 ext. 2856.
(8548375: }
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FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
SUPREME COURT
COUNTY OF CAYUGA STATE OF NEW YORK
FIVE STAR BANK,
VERIFIED
Plaintiff, COMPLAINT
vs.
SANDRA DHE, 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 Monroeat 100 Chestnut Street, Rochester, NY 14604.
2. Uponinformation and belief, defendant resides in the County of Cayuga, and State
of New York.
3, On February 7, 2019, defendant entered into an installment Auto Loan Agreement
(“Agreement”), whereby defendant agreed to pay plaintiff the total amount of $31,448.76 in 84
equal monthly installments of $374.39, 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 $7,663.21, accrued interest of $619.68, late charges of
$74.52, account charges of $400.00 plus per diem interest of $1.52 (as calculated at the
contractual rate of 7.24% per annum ontheprincipal sum) from July 26, 2021, the unpaid balance
on the Agreement, remains due toplaintiff.
{8548375: }
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FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
SECOND CAUSE OF ACTION
6. Plaintiff realleges each allegation contained in paragraphs 1through 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 owesplaintiff costs and attorney fees in an amountto be determined by
the Court.
WHEREFORE, plaintiff respectfully demands judgmentagainst the defendantas follows:
A. On the first cause of action, the principal sum of $7,663.21, accrued interest of
$619.68, late charges of $74.52 and account charges of-$400.00 plus per diem interest of $1.52
(as calculated at the contractual rate of 7.24% per annum ontheprincipal sum) from July 26, 2021
until the entry ofjudgment;
B. On the second cause ofaction, for costs and attorneys’ fees as determined by the
Court;
C. Granting such other and furtherrelief as the Court deemsjust and proper.
Dated: A, wgttlY 2021 By: Ao 4.)
Rochester, New York John K* ndrew, Esq.
WOO VIATT GILMAN LLP
Attoypleysfor Plaintiff
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
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FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021
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 knowsthe 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 betrue.
Sworn to before me on this
ol day of be YAl, 2021.
LORILEE J. PFEIL
Notary Public, State of New York
Qualified in Monroe County
Reg. No. 01PF4972161
Commission Expires September 17, 2022
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Preview
FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTY OF CAYUGA STATE OF NEW YORK FIVE STAR BANK. 100 Chestnut Street Rochester, NY 14604 Plaintiff, SUMMONS Vs. SANDRA DHE Case No. 2 Loop Road, Apt. 2 ase NO.: Auburn, NY 13021, Defendant. To The Above Named Defendant: YOU ARE HEREBY SUMMONEDto answer the Complaint in this action and to serve a copy of your Answeron Plaintiffs 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 Summonsis not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgmentwill be taken against you by default for the relief demanded in the Complaint. Plaintiff designates Cayuga Countyasthe place oftrial. The basis of venue is Defendant’s place of residence. Defendant resides in the County of Cayuga, New York. The consumercredit transaction took place in Cortland County, New York. Plaintiff maintains a place of business at 100 ChestnutStreet, Rochester, NY 14604. Dated: LL wre te LE , 2021 By: Ya 41-1 ~) J nggokoviarr Es. WwW O OVIATT GILMAN LLP Attorneysfor Plaintiff 1900 Bausch & Lomb Place Rochester, New York 14604 (585) 987-2800 (8548375: } 1 of 5 FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 IMPORTANT NOTICE Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices Act. That notice concerns your dealings with usas a debt collector. It doesnot affect yourdealings with the Court, and in particular, it does not changethe time in which you must answerthis complaint. This legal pleading is a command from the Court, and you must follow its instructions and respond within the time period set forth in the summons,even if you dispute the validity or amountof the debt asset forth in the validation notice. The validation notice also does not affect our relations with the Court. As a law firm, we mayfile papers in this suit according to the Court’s rules and the Judge’s instructions. Weare a debtcollector, and this is an attempt to collect a debt. Any information weobtain will be used for that purpose. If you have any questions regarding this matter please contact LORI PFEIL AT 1- 888-757-7553 OR 1-585- 987-2800 ext. 2856. (8548375: } 2 of 5 FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 SUPREME COURT COUNTY OF CAYUGA STATE OF NEW YORK FIVE STAR BANK, VERIFIED Plaintiff, COMPLAINT vs. SANDRA DHE, 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 Monroeat 100 Chestnut Street, Rochester, NY 14604. 2. Uponinformation and belief, defendant resides in the County of Cayuga, and State of New York. 3, On February 7, 2019, defendant entered into an installment Auto Loan Agreement (“Agreement”), whereby defendant agreed to pay plaintiff the total amount of $31,448.76 in 84 equal monthly installments of $374.39, 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 $7,663.21, accrued interest of $619.68, late charges of $74.52, account charges of $400.00 plus per diem interest of $1.52 (as calculated at the contractual rate of 7.24% per annum ontheprincipal sum) from July 26, 2021, the unpaid balance on the Agreement, remains due toplaintiff. {8548375: } 3 of 5 FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 SECOND CAUSE OF ACTION 6. Plaintiff realleges each allegation contained in paragraphs 1through 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 owesplaintiff costs and attorney fees in an amountto be determined by the Court. WHEREFORE, plaintiff respectfully demands judgmentagainst the defendantas follows: A. On the first cause of action, the principal sum of $7,663.21, accrued interest of $619.68, late charges of $74.52 and account charges of-$400.00 plus per diem interest of $1.52 (as calculated at the contractual rate of 7.24% per annum ontheprincipal sum) from July 26, 2021 until the entry ofjudgment; B. On the second cause ofaction, for costs and attorneys’ fees as determined by the Court; C. Granting such other and furtherrelief as the Court deemsjust and proper. Dated: A, wgttlY 2021 By: Ao 4.) Rochester, New York John K* ndrew, Esq. WOO VIATT GILMAN LLP Attoypleysfor Plaintiff Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 (8548375: } 4 of 5 FILED: CAYUGA COUNTY CLERK 08/26/2021 03:26 PM INDEX NO. E2021-0899 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/26/2021 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 knowsthe 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 betrue. Sworn to before me on this ol day of be YAl, 2021. LORILEE J. PFEIL Notary Public, State of New York Qualified in Monroe County Reg. No. 01PF4972161 Commission Expires September 17, 2022 {8548375: } 5 of 5