On March 08, 2022 a
Motion-Secondary
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.
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FILED: CHENANGO COUNTY CLERK 11/07/2022 08:36 AM INDEX NO. 2022-00005120
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHENANGO Index No 2022-00005120
SIDNEY FEDERAL CREDIT UNION
AFFIDAVIT IN SUPPORT
Plaintiff (s) OF DEFAULT JUDGMENT
-vs- .
AND MILITARY STATUS
Defendant (s)
Amanda C Shaw, being duly sworn, deposes and says:
1. I am the managing member of the firm Riehlman, Shafer & Shaw, LLC, attorneys for the plaintiff
in the above entitled action, and neither I nor any attorneys of this firm are salaried employees of the
plaintiff. As attorney for plaintiff in this action, I am fully familiar with the facts and circumstances of
the underlying case.
2. This affidavit is made in support of plaintiff's application for attorney's fees and default judgment
against the defendant(s), Corrie Culver.
3. The present case was referred to your deponents office for collection efforts in December 2021.
4. Upon review of plaintiffs records, there is due and owing to the plaintiff by the defendant(s), the
principal sum of $641.10, accrued but unpaid interest as of October 26, 2021 in the sum of $0.00,
accumulated late charges of $425.00 for a total amount due of ONE THOUSAND SIXTY SIX AND
10/100 ($1,066.10) plus interest at the rate of 2.000% from October 26, 2021, reasonable attorney fees if
provided by the contract and allowed by the laws of the State of New York, by reason of the
Defendant(s) default under the terms of a Checking and / or Savings Account; less payments received
subsequent of the commencement of this action.
5. To date, no payments have been made.
6. This action was commenced against the defendant(s) by the filing of a summons and complaint on
March 8, 2022. The defendant, Corrie Culver, was thereafter alternately served with the summons and
complaint on April 1, 2022. Your deponent's records indicate that the defendant(s) has neither appeared
nor answered in this action.
(Exhibits A & B)
7. It isthus submitted that tifecredit ¯transaction underlying this action WAS NOT, by definition, a
transaction"
"consumer credit within the meaning of that term as set forth under 22 NYCRR
202.27-a(a)(1) and, as such, the additional consumer notice requirements set forth under 22 NYCRR
202.27-a(b) were not applicable to the within action.
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FILED: CHENANGO COUNTY CLERK 11/07/2022 08:36 AM INDEX NO. 2022-00005120
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/07/2022
8. Your deponent's firm investigated the status of the defendant(s) military service by reviewing the
Department of Defense Manpower Data Center records. The records indicate that the Defendant is not
currently on active duty based upon the social security number and last name provided. A copy of the
military status report is attached herewith.
(Exhibit C)
9. The interest rate for consumer debt pursuant to CP12¯§ 5004~applies.
WHEREFORE, Plaintiff demands judgment against the Defendant(s), in the sum of $1,066.10 plus
interest from October 26, 2021, together with reasonable attorneys fees, if provided by contract and
allowed by the laws of the State of New York, and the costs and disbursements, less payments made.
Dated:
Amanda C Shaw
Sworn to before me o 9,
Notary Public
JILL R. WASHBURN
PubIlc- State
of New York
Notary
No. 01WA6279298
Qualifiedin TompkinsCounty
My Commission Expires April 08, 20
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. 8 RECEIVED NYSCEF: 11/07/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHENANGO Index No 2022-00005120 SIDNEY FEDERAL CREDIT UNION AFFIDAVIT IN SUPPORT Plaintiff (s) OF DEFAULT JUDGMENT -vs- . AND MILITARY STATUS Defendant (s) Amanda C Shaw, being duly sworn, deposes and says: 1. I am the managing member of the firm Riehlman, Shafer & Shaw, LLC, attorneys for the plaintiff in the above entitled action, and neither I nor any attorneys of this firm are salaried employees of the plaintiff. As attorney for plaintiff in this action, I am fully familiar with the facts and circumstances of the underlying case. 2. This affidavit is made in support of plaintiff's application for attorney's fees and default judgment against the defendant(s), Corrie Culver. 3. The present case was referred to your deponents office for collection efforts in December 2021. 4. Upon review of plaintiffs records, there is due and owing to the plaintiff by the defendant(s), the principal sum of $641.10, accrued but unpaid interest as of October 26, 2021 in the sum of $0.00, accumulated late charges of $425.00 for a total amount due of ONE THOUSAND SIXTY SIX AND 10/100 ($1,066.10) plus interest at the rate of 2.000% from October 26, 2021, reasonable attorney fees if provided by the contract and allowed by the laws of the State of New York, by reason of the Defendant(s) default under the terms of a Checking and / or Savings Account; less payments received subsequent of the commencement of this action. 5. To date, no payments have been made. 6. This action was commenced against the defendant(s) by the filing of a summons and complaint on March 8, 2022. The defendant, Corrie Culver, was thereafter alternately served with the summons and complaint on April 1, 2022. Your deponent's records indicate that the defendant(s) has neither appeared nor answered in this action. (Exhibits A & B) 7. It isthus submitted that tifecredit ¯transaction underlying this action WAS NOT, by definition, a transaction" "consumer credit within the meaning of that term as set forth under 22 NYCRR 202.27-a(a)(1) and, as such, the additional consumer notice requirements set forth under 22 NYCRR 202.27-a(b) were not applicable to the within action. 1 of 2 FILED: CHENANGO COUNTY CLERK 11/07/2022 08:36 AM INDEX NO. 2022-00005120 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/07/2022 8. Your deponent's firm investigated the status of the defendant(s) military service by reviewing the Department of Defense Manpower Data Center records. The records indicate that the Defendant is not currently on active duty based upon the social security number and last name provided. A copy of the military status report is attached herewith. (Exhibit C) 9. The interest rate for consumer debt pursuant to CP12¯§ 5004~applies. WHEREFORE, Plaintiff demands judgment against the Defendant(s), in the sum of $1,066.10 plus interest from October 26, 2021, together with reasonable attorneys fees, if provided by contract and allowed by the laws of the State of New York, and the costs and disbursements, less payments made. Dated: Amanda C Shaw Sworn to before me o 9, Notary Public JILL R. WASHBURN PubIlc- State of New York Notary No. 01WA6279298 Qualifiedin TompkinsCounty My Commission Expires April 08, 20 2 of 2