Preview
FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024
SUPREME COURT OF THE STATE OF NEW YORK Index Number:
COUNTY OF ULSTER Our File No. OLI02806
___________...._______..____________________________________________Ç
Accelerated Inventory Management, LLC
SUMMONS
Consumer Credit Transaction
PLAINTIFF,
Plaintiff's Address
~AGAINST~ 1800 2nd St Suite 603
Sarasota, FL 34236
RANDY JONES Defendant's Address
RANDY JONES
DEFENDANT (S) 10 TROOPER DR
------------------------------------------------------------X HURLEY, NY 12443
The basis of the venue designated is: defendant(s) place of
residence: ULSTER County
To the above named Defendant(s)
YOU ARE HEREBY SUMMONED, and required to appear in this action in the SUPREME COURT OF THE STATE OF
NEW YORK of the County of ULSTER, at the office of the clerk of the said Court at 285 Wall Street Kingston, NY 12401 in
the County of ULSTER State of New York, by serving an answer to the annexed complaint upon plaintiff's attorney at the
address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as
noted below. Upon your failure to answer, judgment will be taken against you for the sum of $5,059.73 plus post-judgment
interest at the statutory rate, together with the costs and disbursements of this action.
DATED: Farmingdale, New York
4/29/2024
By:
Timothy J. Murtha, Esq.
Roach & Murtha Attorneys at Law, P.C.
Attorneys for Plaintiff
500 Bi County Blvd Suite 120
Farmingdale, NY 11735
Telephone #: (5 16) 346-5400
NOTE: The Law or rules of court provide that:
(a) If this summons is served
by its delivery to you, or (for a corporation) an agent authorized to receive service, personally
within the County of ULSTER State of New York, you must appear and answer within TWENTY days after such service;
or
(b) If this summons is served by delivery to any person other than you personally or (for a corporation) an agent authorized
to receive service personally, or is servedcounty outside the of ULSTER or by publication, or by any other means other
than personal delivery to you, or (for a corporation) an agent authorized to receive service personally, within the of
County
ULSTER you are allowed THIRTY days after proof of service is filed with the Clerk of this Court within which to appear
and answer.
(c) You are required to file a copy of your answer together with proof of service with the Clerk of the Court in which the
action is brought within TEN days of the service of the answer.
WE ARE DEBT COLLECTORS- THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
WILL BE USED FOR THAT PURPOSE.
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FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ULSTER
....................-......................---..--._ ___........_____............___........___________....x
Accelerated Inventory Management, LLC INDEX NUMBER:
Our File No. OLI02806
PLAINTIFF,
~AGAINST~ VERIFIED COMPLAINT
CONSUMER CREDIT TRANSACTION
RANDY JONES
DEFENDANT(S)
--..--------------.....--------..---------------------....x
Plaintiff, by its attorneys, Roach & Murtha Attorneys at Law, P.C., hereby complains of the Defendant(s) as follows:
1, Plaintiff is a foreign limited liability company authorized to do business in the State of New York.
Plaintiff's New York City Department of Consumer Affairs license number is 2070186-DCA
2. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business
in person or through an agent within the county in which this action is brought and that the instant cause of action arose out
of said transaction.
3, Defendant(s) entered into a loan agreement on 11/8/2021 with WebBank to borrow money and/or have credit extended
identified by loan number ending 8548, which money and/or credit was to be repaid by Defendant(s) in monthly installments
plus interest, and which loan WebBank assigned all rights contained therewith for good and valuable consideration to loan
servicer LendingClub Corporation. Copies of the Loan Summary and Disclosure are annexed hereto as Exhibit "A".
4. The date of the last payment Defendant(s) made on the account was on or about 08/24/2022 in the amount of $207.97
5. On or about 2/28/2023 Plaintiff bought and was assigned this debt and all rights contained therewith for good and valuable
consideration from LendingClub Corporation assignee of and loan servicer to WebBank, The amount due at the time of
sale was $5,059.73. Copy of the Bill(s) of Sale are annexed hereto as Exhibit "B".
FOR A FIRST CAUSE OF ACTION
BREACH OF CONTRACT
6. Plaintiff repeats each and every allegation set for above.
7. That heretofore, Defendant(s) entered into a loan agreement with original creditor WebBank.
8. Plaintiff and its predecessors duly performed all conditions on its part under the agreement.
9. Upon information and belief, Defendant(s) defaulted on payments and pursuant to the terms of the agreement now owes
a balance of $5,059.73 no part of which has been paid despite due demand thereof.
10. An itemization of the amount sought is as follows:
i. Principle $5,059.73
ii, Finance Charge or Charges $0
iii. Fees Imposed by the Original Creditor $0
iv. Collection Costs $0
v. Attorney's Fees $0
vi. Interest $0
vii. Any Other Fees and Charges $0
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FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024
FOR A SECOND CAUSE OF ACTION
UNJUST ENRICHMENT
11. Plaintiff repeats each and every allegation set forth above.
12. By reason of the foregoing - including Defendant(s) breaching the loan agreement, and failing and refusing to repay
Plaintiff and its predecessors despite due demands, and after all payments, credits and offsets -Defendant(s) has profited
and enriched themselves unjustly at the expense of and to the detriment of the Plaintiff and its predecessors, to the extent
of $5,059.73, and it is against equity and good conscience to allow Defendant(s) to retain for themselves monies that
rightfully belong to the Plaintiff and its predecessors.
WHEREFORE, the Plaintiff, Accelerated Inventory Management, LLC, demands judgment against the Defendant(s)
RANDY JONES on the First and Second Causes of Action in the amount of $5,059.73, plus post-judgment interest at
the statutory rate, together with costs and disbursements of the within action.
DATED: Farmingdale, New York
4/29/2024
By:
Timothy J. Murtha, Esq.
License#2025270-DCA
Roach & Murtha Attorneys at Law, P.C.
Attorneys for Plaintiff
500 Bi County Blvd Suite 120
Farmingdale, NY 11735
Telephone #: (516) 346-5400
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FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024
Attorneys for Plaintiff
STATE OF NEW YORK, COUNTY OF SUFFOLK
The undersigned, an attorney at law and the Plaintiffs attorney, affirms the following to be true under the
penalty of perjury: the foregoing complaint is true to my knowledge, except as to matters stated to be on
information and belief, and as to those, I believe them to be true. The reason I am making this verification is I
have all salient business records in my possession and have reviewed the same and/or the plaintiff does not have
offices in the county where I maintain my offi
Attorney Signature:
Attorney Name (Print): _Timothy Murtha, Esq.____
Sworn to before me this
4/29/2024
tay-Ptf6
GEORGE-ANNE GALLO
NOTARY PUBLIC-STATE OF NEW YORK
No.01GA6186824
Qualified in Queens County
My Commisssion Expires May 12,202C
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Preview
FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024 SUPREME COURT OF THE STATE OF NEW YORK Index Number: COUNTY OF ULSTER Our File No. OLI02806 ___________...._______..____________________________________________Ç Accelerated Inventory Management, LLC SUMMONS Consumer Credit Transaction PLAINTIFF, Plaintiff's Address ~AGAINST~ 1800 2nd St Suite 603 Sarasota, FL 34236 RANDY JONES Defendant's Address RANDY JONES DEFENDANT (S) 10 TROOPER DR ------------------------------------------------------------X HURLEY, NY 12443 The basis of the venue designated is: defendant(s) place of residence: ULSTER County To the above named Defendant(s) YOU ARE HEREBY SUMMONED, and required to appear in this action in the SUPREME COURT OF THE STATE OF NEW YORK of the County of ULSTER, at the office of the clerk of the said Court at 285 Wall Street Kingston, NY 12401 in the County of ULSTER State of New York, by serving an answer to the annexed complaint upon plaintiff's attorney at the address stated below, or if there is no attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below. Upon your failure to answer, judgment will be taken against you for the sum of $5,059.73 plus post-judgment interest at the statutory rate, together with the costs and disbursements of this action. DATED: Farmingdale, New York 4/29/2024 By: Timothy J. Murtha, Esq. Roach & Murtha Attorneys at Law, P.C. Attorneys for Plaintiff 500 Bi County Blvd Suite 120 Farmingdale, NY 11735 Telephone #: (5 16) 346-5400 NOTE: The Law or rules of court provide that: (a) If this summons is served by its delivery to you, or (for a corporation) an agent authorized to receive service, personally within the County of ULSTER State of New York, you must appear and answer within TWENTY days after such service; or (b) If this summons is served by delivery to any person other than you personally or (for a corporation) an agent authorized to receive service personally, or is servedcounty outside the of ULSTER or by publication, or by any other means other than personal delivery to you, or (for a corporation) an agent authorized to receive service personally, within the of County ULSTER you are allowed THIRTY days after proof of service is filed with the Clerk of this Court within which to appear and answer. (c) You are required to file a copy of your answer together with proof of service with the Clerk of the Court in which the action is brought within TEN days of the service of the answer. WE ARE DEBT COLLECTORS- THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. 1 of 4 FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ....................-......................---..--._ ___........_____............___........___________....x Accelerated Inventory Management, LLC INDEX NUMBER: Our File No. OLI02806 PLAINTIFF, ~AGAINST~ VERIFIED COMPLAINT CONSUMER CREDIT TRANSACTION RANDY JONES DEFENDANT(S) --..--------------.....--------..---------------------....x Plaintiff, by its attorneys, Roach & Murtha Attorneys at Law, P.C., hereby complains of the Defendant(s) as follows: 1, Plaintiff is a foreign limited liability company authorized to do business in the State of New York. Plaintiff's New York City Department of Consumer Affairs license number is 2070186-DCA 2. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business in person or through an agent within the county in which this action is brought and that the instant cause of action arose out of said transaction. 3, Defendant(s) entered into a loan agreement on 11/8/2021 with WebBank to borrow money and/or have credit extended identified by loan number ending 8548, which money and/or credit was to be repaid by Defendant(s) in monthly installments plus interest, and which loan WebBank assigned all rights contained therewith for good and valuable consideration to loan servicer LendingClub Corporation. Copies of the Loan Summary and Disclosure are annexed hereto as Exhibit "A". 4. The date of the last payment Defendant(s) made on the account was on or about 08/24/2022 in the amount of $207.97 5. On or about 2/28/2023 Plaintiff bought and was assigned this debt and all rights contained therewith for good and valuable consideration from LendingClub Corporation assignee of and loan servicer to WebBank, The amount due at the time of sale was $5,059.73. Copy of the Bill(s) of Sale are annexed hereto as Exhibit "B". FOR A FIRST CAUSE OF ACTION BREACH OF CONTRACT 6. Plaintiff repeats each and every allegation set for above. 7. That heretofore, Defendant(s) entered into a loan agreement with original creditor WebBank. 8. Plaintiff and its predecessors duly performed all conditions on its part under the agreement. 9. Upon information and belief, Defendant(s) defaulted on payments and pursuant to the terms of the agreement now owes a balance of $5,059.73 no part of which has been paid despite due demand thereof. 10. An itemization of the amount sought is as follows: i. Principle $5,059.73 ii, Finance Charge or Charges $0 iii. Fees Imposed by the Original Creditor $0 iv. Collection Costs $0 v. Attorney's Fees $0 vi. Interest $0 vii. Any Other Fees and Charges $0 2 of 4 FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024 FOR A SECOND CAUSE OF ACTION UNJUST ENRICHMENT 11. Plaintiff repeats each and every allegation set forth above. 12. By reason of the foregoing - including Defendant(s) breaching the loan agreement, and failing and refusing to repay Plaintiff and its predecessors despite due demands, and after all payments, credits and offsets -Defendant(s) has profited and enriched themselves unjustly at the expense of and to the detriment of the Plaintiff and its predecessors, to the extent of $5,059.73, and it is against equity and good conscience to allow Defendant(s) to retain for themselves monies that rightfully belong to the Plaintiff and its predecessors. WHEREFORE, the Plaintiff, Accelerated Inventory Management, LLC, demands judgment against the Defendant(s) RANDY JONES on the First and Second Causes of Action in the amount of $5,059.73, plus post-judgment interest at the statutory rate, together with costs and disbursements of the within action. DATED: Farmingdale, New York 4/29/2024 By: Timothy J. Murtha, Esq. License#2025270-DCA Roach & Murtha Attorneys at Law, P.C. Attorneys for Plaintiff 500 Bi County Blvd Suite 120 Farmingdale, NY 11735 Telephone #: (516) 346-5400 3 of 4 FILED: ULSTER COUNTY CLERK 05/02/2024 05:28 PM INDEX NO. EF2024-1158 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/02/2024 Attorneys for Plaintiff STATE OF NEW YORK, COUNTY OF SUFFOLK The undersigned, an attorney at law and the Plaintiffs attorney, affirms the following to be true under the penalty of perjury: the foregoing complaint is true to my knowledge, except as to matters stated to be on information and belief, and as to those, I believe them to be true. The reason I am making this verification is I have all salient business records in my possession and have reviewed the same and/or the plaintiff does not have offices in the county where I maintain my offi Attorney Signature: Attorney Name (Print): _Timothy Murtha, Esq.____ Sworn to before me this 4/29/2024 tay-Ptf6 GEORGE-ANNE GALLO NOTARY PUBLIC-STATE OF NEW YORK No.01GA6186824 Qualified in Queens County My Commisssion Expires May 12,202C 4 of 4