On March 08, 2022 a
Party Statement
was filed
involving a dispute between
Sidney Federal Credit Union,
and
Corrie Culver,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Chenango County.
Preview
FILED: CHENANGO COUNTY CLERK 11/07/2022 08:36 AM INDEX NO. 2022-00005120
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/07/2022
CHENANOO SUPREME COURT
COUNTY OF CHENANOO STATE OF NEW YORK
SIDNEY FEDERAL CREDIT UNION
Index No.: 2022-00005120
Plaintiff,
AFFIDAVIT OF FACTS BY
-vs- OMGINAL CREDITOR/PLABITWF
CORRIE CULVER
Defendant
STATE OF NEW YORK )
COUNTY OF DELAWARE ) ss: .
LORI HOTALINO, being duly swom, deposes and says:
1. Deponent is the Digital Services Specialist of the plaintiffherein and, as such, I
have access to plaintifPs books and records ("business records"), including electNnic records,
the account of Corrie Culver ("defendant"). In position, I have personal
relating to ("account") my
knowledge of the pmcedures for and plaintiff'sbusiness reconIs. Plaintiff's
creating maintaining
business records were made in the regular course of business, and it was the regular course of
such business to make the business records. The records were made at or near the time of the
events recorded. Based on review of plaintiff's business records, I have personal knowledge
my
of the facts set forth in thisaffidavit
2. Plaintiffand defendant entered into a Checking and/or Savings Account
(hereinafter on December 12, 2014, and defendant agreed to the terms pmvided
"Agreement"),
pursuant to the agreement The lastfour digits of the account number are 7686. There have been
no voluntary payments made defendant. Defendant overdrew her checking account and a
by
negative balance remains. A trueand correct of the agreement is attached hereto as Exhibit
copy
together with an account record the negative balance on the account as Exhibit B.
A, evidencing
1 of 2
FILED: CHENANGO COUNTY CLERK 11/07/2022 08:36 AM INDEX NO. 2022-00005120
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/07/2022
3. The account was charged off on October 26, 2021 in the amount of $1,066.10.
Subseiluent to charge-off, additional interest was incurred of $0.00, additional late charges were
incurred of $0.00, and payments in the sum of $0.00 were credited to the account. As set forth in
the complaint herein, the balance due is $1,066.10, which is comprised of the principal of
$641.10, accrued but unpaid interest as of October 26, 2021 of $0.00, and late charges and
miscellaneous fees of $425.00, plus future interest from October 26, 2021, at the rate of 2,00%,
less payments received subsequent to commencement of this action.
4. The interest rate for consumer debt, as set forth under New York CPLR §5004,
applies to any judgment entered on the subject account.
5. Counsel for your deponent has advised that this action was commenced by filing
of a Summons and Complaint with the County Clerk's Office and Defendant(s) has not appeared
and has not answered herein.
WHEREFORE, Plaintiff demands judgment against the Defendant(s), for the total
amount claimed due herein together with the reasonable attorney's fees, if provided by contract
and allowed by the law and the costs and the disbursements of this action, and whatever
additional relief the Court deems just, proper and equitable, less pa ts made.
Dated: lo d . 2022 /4
Lori Hotaling
Digital Services Specialist
Swom me on the £3le
day of 2022
Notary Public
NICOLE GRAHAM
Notary Public, State of New York
Chenango County No 01GR 209 16
My Commission Expires
2 of 2
Document Filed Date
November 07, 2022
Case Filing Date
March 08, 2022
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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FILED: CHENANGO COUNTY CLERK 11/07/2022 08:36 AM INDEX NO. 2022-00005120 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/07/2022 CHENANOO SUPREME COURT COUNTY OF CHENANOO STATE OF NEW YORK SIDNEY FEDERAL CREDIT UNION Index No.: 2022-00005120 Plaintiff, AFFIDAVIT OF FACTS BY -vs- OMGINAL CREDITOR/PLABITWF CORRIE CULVER Defendant STATE OF NEW YORK ) COUNTY OF DELAWARE ) ss: . LORI HOTALINO, being duly swom, deposes and says: 1. Deponent is the Digital Services Specialist of the plaintiffherein and, as such, I have access to plaintifPs books and records ("business records"), including electNnic records, the account of Corrie Culver ("defendant"). In position, I have personal relating to ("account") my knowledge of the pmcedures for and plaintiff'sbusiness reconIs. Plaintiff's creating maintaining business records were made in the regular course of business, and it was the regular course of such business to make the business records. The records were made at or near the time of the events recorded. Based on review of plaintiff's business records, I have personal knowledge my of the facts set forth in thisaffidavit 2. Plaintiffand defendant entered into a Checking and/or Savings Account (hereinafter on December 12, 2014, and defendant agreed to the terms pmvided "Agreement"), pursuant to the agreement The lastfour digits of the account number are 7686. There have been no voluntary payments made defendant. Defendant overdrew her checking account and a by negative balance remains. A trueand correct of the agreement is attached hereto as Exhibit copy together with an account record the negative balance on the account as Exhibit B. A, evidencing 1 of 2 FILED: CHENANGO COUNTY CLERK 11/07/2022 08:36 AM INDEX NO. 2022-00005120 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/07/2022 3. The account was charged off on October 26, 2021 in the amount of $1,066.10. Subseiluent to charge-off, additional interest was incurred of $0.00, additional late charges were incurred of $0.00, and payments in the sum of $0.00 were credited to the account. As set forth in the complaint herein, the balance due is $1,066.10, which is comprised of the principal of $641.10, accrued but unpaid interest as of October 26, 2021 of $0.00, and late charges and miscellaneous fees of $425.00, plus future interest from October 26, 2021, at the rate of 2,00%, less payments received subsequent to commencement of this action. 4. The interest rate for consumer debt, as set forth under New York CPLR §5004, applies to any judgment entered on the subject account. 5. Counsel for your deponent has advised that this action was commenced by filing of a Summons and Complaint with the County Clerk's Office and Defendant(s) has not appeared and has not answered herein. WHEREFORE, Plaintiff demands judgment against the Defendant(s), for the total amount claimed due herein together with the reasonable attorney's fees, if provided by contract and allowed by the law and the costs and the disbursements of this action, and whatever additional relief the Court deems just, proper and equitable, less pa ts made. Dated: lo d . 2022 /4 Lori Hotaling Digital Services Specialist Swom me on the £3le day of 2022 Notary Public NICOLE GRAHAM Notary Public, State of New York Chenango County No 01GR 209 16 My Commission Expires 2 of 2