Preview
FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTY OF ONEIDA STATE OF NEW YORK
FIVE STAR BANK
100 Chestnut Street
Rochester, NY 14604
Plaintiff,
vs. SUMMONS
CARMEN V. F. WAHL
STEVEN A. GREENE Case No.:
1005 N. James Street
Rome, NY 13340,
Defendants.
To The Above Named Defendants:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of
your Answer on Plaintiff's 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 Summons 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.
Defendants'
Plaintiff designates Oneida County as the place of trial. The basis of venue is place of
residence. Defendants reside in the County of Oneida, New York. The consumer credit transaction took
place in Jefferson County, New York. Plaintiff maintains a place of business at 100 Chestnut Street,
Rochester, NY 14604.
Dated: o jf , 2021 By:
John K. d ddrt(Esq.
WOOD IATT GILMAN LLP
Attor s for Plaintiff
190 , ausch & Lomb Place
Rochester, New York 14604
(585) 987-2800
(8548375:}
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FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
IMPORTANT NOTICE
Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices
Act. That notice concerns your dealings with us as a debt collector. It does not affect your dealings with
the Court, and in particular, itdoes not change the time in which you must answer this complaint. This
legal pleading is a command from the Court, and you must follow itsinstructions and respond within the
time period set forth in the summons, even if you dispute the validity or amount of the debt as set forth in
the validation notice. The validation notice also does not affect our relations with the Court. As a law
firm, we may file papers in this suit according to the Court's rules and the Judge's instructions.
We are a debt collector, and this is an attempt to collect a debt. Any information we obtain will be
used for that purpose.
If you have questions this matter please contact LORI PFEIL AT1- 888-757-7553 OR1-585-
any regarding
987-2800 ext. 2856.
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FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
SUPREME COURT
COUNTY OF ONEIDA STATE OF NEW YORK
FIVE STAR BANK,
VERIFIED
Plaintiff, COMPLAINT
vs.
CARMEN V. F. WAHL Case No.:
STEVEN A. GREENE,
Defendants.
Plaintiff, Five Star Bank, by its attorneys Woods Oviatt Gilman LLP, for its Verified
Complaint against defendants, 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 Monroe at 100 Chestnut Street, Rochester, NY 14604.
2. Upon infonnation and belief, defendants reside in the County of Oneida, and State
of New York.
3. On April 21, 2018, defendants entered into an installment Auto Loan Agreement
("Agreement"), whereby defendants agreed to pay plaintiff the total amount of $48,498.24 in 84
equal monthly installments of $577.36, which includes interest.
4. Defendants breached the Agreement by failing to make the required payments in
accordance with the terms of the Agreement.
5. The principal sum of $4,891.72, accrued interest of $459.94, late charges of
$1,732.20, account charges of $505.00 plus per diem interest of $1.44 (as calculated at the
contractual rate of 10.74% per annum on the principal sum) from July 26, 2021, the unpaid
balance on the Agreement, remains due to plaintiff.
{8548375:)
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FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
SECOND CAUSE OF ACTION
6. Plaintiff realleges each allegation contained in paragraphs 1 through 5 above.
7. Under the Agreement, in the event of default, defendants agreed to pay plaintiff's
costs and attorney fees for collection of amount due.
8. Defendants owe plaintiff costs and attorney fees in an amount to be determined by
.
the Court.
WHEREFORE, plaintiff respectful,ly demands judgment against the defendants as follows:
A. On the first cause of action, the principal sum of $4,891.72, accrued interest of
$459.94, late charges of $1,732.20 and account charges of $505.00 plus per diem interest of
$1.44 (as calculated at the contractual rate of 10.74% per annum on the principal sum) from July
26, 2021 until the entry of judgment;
attorneys'
B. On the second cause of action, for costs and fees as determined by the
Court;
C. Granting such other and further relief as the Court deems just and proper.
Dated: a a Sf 3 . , 2021 By:
llocl ter, New ork John K. r Esq.
WOOD O IATT GILMAN LLP
Attor s for Plaintiff
Office and Post Office Address:
1900 Bausch & Lomb Place
Rochester, NY 14604
Tel: 585.987.2800
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FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021
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 knows the 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 be true.
orn to before me on this
day of , 2021.
Publi ...--
Notary
LORILEE J. PFElL
Notary Public,Stateof New York
Qualifiedin Monroe County
Reg.No. 01PF4972161
Commission Expires Gsptsriibar17,2022
{8548375:}
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Preview
FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTY OF ONEIDA STATE OF NEW YORK FIVE STAR BANK 100 Chestnut Street Rochester, NY 14604 Plaintiff, vs. SUMMONS CARMEN V. F. WAHL STEVEN A. GREENE Case No.: 1005 N. James Street Rome, NY 13340, Defendants. To The Above Named Defendants: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on Plaintiff's 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 Summons 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. Defendants' Plaintiff designates Oneida County as the place of trial. The basis of venue is place of residence. Defendants reside in the County of Oneida, New York. The consumer credit transaction took place in Jefferson County, New York. Plaintiff maintains a place of business at 100 Chestnut Street, Rochester, NY 14604. Dated: o jf , 2021 By: John K. d ddrt(Esq. WOOD IATT GILMAN LLP Attor s for Plaintiff 190 , ausch & Lomb Place Rochester, New York 14604 (585) 987-2800 (8548375:} 1 of 5 FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 IMPORTANT NOTICE Previously, you were served with a validation notice pursuant to the Fair Debt Collection Practices Act. That notice concerns your dealings with us as a debt collector. It does not affect your dealings with the Court, and in particular, itdoes not change the time in which you must answer this complaint. This legal pleading is a command from the Court, and you must follow itsinstructions and respond within the time period set forth in the summons, even if you dispute the validity or amount of the debt as set forth in the validation notice. The validation notice also does not affect our relations with the Court. As a law firm, we may file papers in this suit according to the Court's rules and the Judge's instructions. We are a debt collector, and this is an attempt to collect a debt. Any information we obtain will be used for that purpose. If you have questions this matter please contact LORI PFEIL AT1- 888-757-7553 OR1-585- any regarding 987-2800 ext. 2856. {8548375:} 2 of 5 FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 SUPREME COURT COUNTY OF ONEIDA STATE OF NEW YORK FIVE STAR BANK, VERIFIED Plaintiff, COMPLAINT vs. CARMEN V. F. WAHL Case No.: STEVEN A. GREENE, Defendants. Plaintiff, Five Star Bank, by its attorneys Woods Oviatt Gilman LLP, for its Verified Complaint against defendants, 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 Monroe at 100 Chestnut Street, Rochester, NY 14604. 2. Upon infonnation and belief, defendants reside in the County of Oneida, and State of New York. 3. On April 21, 2018, defendants entered into an installment Auto Loan Agreement ("Agreement"), whereby defendants agreed to pay plaintiff the total amount of $48,498.24 in 84 equal monthly installments of $577.36, which includes interest. 4. Defendants breached the Agreement by failing to make the required payments in accordance with the terms of the Agreement. 5. The principal sum of $4,891.72, accrued interest of $459.94, late charges of $1,732.20, account charges of $505.00 plus per diem interest of $1.44 (as calculated at the contractual rate of 10.74% per annum on the principal sum) from July 26, 2021, the unpaid balance on the Agreement, remains due to plaintiff. {8548375:) 3 of 5 FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 SECOND CAUSE OF ACTION 6. Plaintiff realleges each allegation contained in paragraphs 1 through 5 above. 7. Under the Agreement, in the event of default, defendants agreed to pay plaintiff's costs and attorney fees for collection of amount due. 8. Defendants owe plaintiff costs and attorney fees in an amount to be determined by . the Court. WHEREFORE, plaintiff respectful,ly demands judgment against the defendants as follows: A. On the first cause of action, the principal sum of $4,891.72, accrued interest of $459.94, late charges of $1,732.20 and account charges of $505.00 plus per diem interest of $1.44 (as calculated at the contractual rate of 10.74% per annum on the principal sum) from July 26, 2021 until the entry of judgment; attorneys' B. On the second cause of action, for costs and fees as determined by the Court; C. Granting such other and further relief as the Court deems just and proper. Dated: a a Sf 3 . , 2021 By: llocl ter, New ork John K. r Esq. WOOD O IATT GILMAN LLP Attor s for Plaintiff Office and Post Office Address: 1900 Bausch & Lomb Place Rochester, NY 14604 Tel: 585.987.2800 {8548375:} 4 of 5 FILED: ONEIDA COUNTY CLERK 08/27/2021 10:01 AM INDEX NO. EFCA2021-002123 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/27/2021 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 knows the 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 be true. orn to before me on this day of , 2021. Publi ...-- Notary LORILEE J. PFElL Notary Public,Stateof New York Qualifiedin Monroe County Reg.No. 01PF4972161 Commission Expires Gsptsriibar17,2022 {8548375:} 5 of 5