On September 25, 2013 a
No Value
was filed
involving a dispute between
Slm Education Credit Finance Corporation,
and
Donald S Mccurdy,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 02/05/2014 09:18 AM INDEX NO. EK12013001338
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/29/2022
SUPREME COURT OF THE STAUfA0FA CT31751243
COUNTY OF CHAUTAUQUA a ERK
------- -- - -------------- - - 134705430-0101
SLM EDUCATION CREDIT FINANCE INDEX NO. KI-2013-1338
CORPORATION
PLAINTIFF, AFFIDAVIT OF FACTS
- AGAINST - CONSTITUTING THE CLAIM THE
DONALD S MCCURDY DEFAULT AND THE AMOUNT DUE
DEFENDANT.
_________________________-__________Ç
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
I, MARY KAY MAUER, BEING OF FULL AGE, HEREBY CERTIFY AS FOLLOWS:
1-I AM MORE THAN 19 YEARS OF AGE AND AM COMPETENT TO MAKE THIS AFFIDAVIT.
2.I AM EMPLOYED BY SALLIE MAE, INC., AS A CUSTODIAN OF RECORDS. I AM AUTHORIZED
TO MAKE THIS AFFIDAVIT ON BEHALF OF SALLIE MAE, AS ADMINISTRATOR AND AGENT FOR
SLM EDUCATION CREDIT FINANCE, CORPORATION. I AM COMPETENT TO TESTIFY TO THE
MATTERS STATED HEREIN WHICH IS BASED ON MY PERSONAL KNOWLEDGE, BASED UPON THE
BOOKS & RECORDS OF THE PLAINTIFF, AND ARE TRUE.
3.IN THE ORDINARY COURSE OF BUSINESS AND AS A REGULAR BUSINESS PRACTICE, SALLIE
MAE, INC., AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION CREDIT FINANCE,
CORPORATION. EMPLOYEES OR REPRESENTATIVES WITH KNOWLEDGE OF THE ACCOUNTS COMPILE
BUSINESS RECORDS MEMORIALIZING ACCOUNT ACTIVITY & TRANSACTIONS IN ORDER TO
PRESERVE THE ACCURACY OF THE TRANSACTION.
4.ENTRIES IN THE FILES AND BUSINESS RECORDS OF PLANITIFF ARE MADE
CONTEMPORANEOUSLY WITH TRANSACTIONS IN ORDER TO PRESERVE THE ACCURACY OF THE
TRANSACTION.
5.PLAINTIFF'S FILES AND BUSINESS RECORDS ARE MAINTAINED BY SALLIE MAE, INC., AS
ADMINISTRATOR AND AGENT FOR SLM EDUCATION CREDIT FINANCE, CORPORATION.
6.I HAVE CUSTODY AND CONTROL OF THE FILES & BUSINESS RECORDS RELATING TO
THIS ACCOUNT.
7.THERE IS NOW DUE AND OWNING FROM DEFENDANT TO PLAINTIFF, THE AMOUNT OF
$9923.41 PLUS INTEREST AT $9.00%.
8.THE DOCUMENTS ATTACHED TO THIS AFFIDAVIT, IF ANY, ARE TRUE AND ACCURATE COPIES
OF BUSINESS RECORDS REGARDING THE DEFENDANT'S ACCOUNT.
9.TO THE BEST OF THE PLAINTIFF'S KNOWLEDGE DEFENDANT IS ENTITLED TO NO KNOWN
VALID DEFENSES, SETOFFS OR COUNTERCLAIMS, AND FURTHER STATES THAT WRITTEN DEMAND
WAS MADE UPON THE DEFENDANT.
I AFFIRM UNDER THE PENALTY OF PERJURY THA THE ABOVE FACTS TRUE AND CORRECT.
BY:
SW RN TO AND SIGNED BEFORE ME THIS MARY
(gs D OF , 20 AGENT F SLM D TION CREDIT FINANCE
)D
CORPORATION
T Y P IC
FORSTER & GARBUS ATTYS FOR PLAINTIFF
60 MOTOR PARKWAy , C OMMACK NY 11725
631-393-9400 1/14/14
JOD) S. EKBERG YORK
STATE OF NEW
NOTARY PUBUC,
Oi EK6067088
No. COUNTY
OUAUFIED IN NASSAU
DECEMBER 3,20
COMMISSION EXPtRES
1 of 1
Document Filed Date
February 05, 2014
Case Filing Date
September 25, 2013
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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Preview
FILED: CHAUTAUQUA COUNTY CLERK 02/05/2014 09:18 AM INDEX NO. EK12013001338 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/29/2022 SUPREME COURT OF THE STAUfA0FA CT31751243 COUNTY OF CHAUTAUQUA a ERK ------- -- - -------------- - - 134705430-0101 SLM EDUCATION CREDIT FINANCE INDEX NO. KI-2013-1338 CORPORATION PLAINTIFF, AFFIDAVIT OF FACTS - AGAINST - CONSTITUTING THE CLAIM THE DONALD S MCCURDY DEFAULT AND THE AMOUNT DUE DEFENDANT. _________________________-__________Ç STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: I, MARY KAY MAUER, BEING OF FULL AGE, HEREBY CERTIFY AS FOLLOWS: 1-I AM MORE THAN 19 YEARS OF AGE AND AM COMPETENT TO MAKE THIS AFFIDAVIT. 2.I AM EMPLOYED BY SALLIE MAE, INC., AS A CUSTODIAN OF RECORDS. I AM AUTHORIZED TO MAKE THIS AFFIDAVIT ON BEHALF OF SALLIE MAE, AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION CREDIT FINANCE, CORPORATION. I AM COMPETENT TO TESTIFY TO THE MATTERS STATED HEREIN WHICH IS BASED ON MY PERSONAL KNOWLEDGE, BASED UPON THE BOOKS & RECORDS OF THE PLAINTIFF, AND ARE TRUE. 3.IN THE ORDINARY COURSE OF BUSINESS AND AS A REGULAR BUSINESS PRACTICE, SALLIE MAE, INC., AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION CREDIT FINANCE, CORPORATION. EMPLOYEES OR REPRESENTATIVES WITH KNOWLEDGE OF THE ACCOUNTS COMPILE BUSINESS RECORDS MEMORIALIZING ACCOUNT ACTIVITY & TRANSACTIONS IN ORDER TO PRESERVE THE ACCURACY OF THE TRANSACTION. 4.ENTRIES IN THE FILES AND BUSINESS RECORDS OF PLANITIFF ARE MADE CONTEMPORANEOUSLY WITH TRANSACTIONS IN ORDER TO PRESERVE THE ACCURACY OF THE TRANSACTION. 5.PLAINTIFF'S FILES AND BUSINESS RECORDS ARE MAINTAINED BY SALLIE MAE, INC., AS ADMINISTRATOR AND AGENT FOR SLM EDUCATION CREDIT FINANCE, CORPORATION. 6.I HAVE CUSTODY AND CONTROL OF THE FILES & BUSINESS RECORDS RELATING TO THIS ACCOUNT. 7.THERE IS NOW DUE AND OWNING FROM DEFENDANT TO PLAINTIFF, THE AMOUNT OF $9923.41 PLUS INTEREST AT $9.00%. 8.THE DOCUMENTS ATTACHED TO THIS AFFIDAVIT, IF ANY, ARE TRUE AND ACCURATE COPIES OF BUSINESS RECORDS REGARDING THE DEFENDANT'S ACCOUNT. 9.TO THE BEST OF THE PLAINTIFF'S KNOWLEDGE DEFENDANT IS ENTITLED TO NO KNOWN VALID DEFENSES, SETOFFS OR COUNTERCLAIMS, AND FURTHER STATES THAT WRITTEN DEMAND WAS MADE UPON THE DEFENDANT. I AFFIRM UNDER THE PENALTY OF PERJURY THA THE ABOVE FACTS TRUE AND CORRECT. BY: SW RN TO AND SIGNED BEFORE ME THIS MARY (gs D OF , 20 AGENT F SLM D TION CREDIT FINANCE )D CORPORATION T Y P IC FORSTER & GARBUS ATTYS FOR PLAINTIFF 60 MOTOR PARKWAy , C OMMACK NY 11725 631-393-9400 1/14/14 JOD) S. EKBERG YORK STATE OF NEW NOTARY PUBUC, Oi EK6067088 No. COUNTY OUAUFIED IN NASSAU DECEMBER 3,20 COMMISSION EXPtRES 1 of 1