On March 22, 2022 a
Party Statement
was filed
involving a dispute between
Accelerated Inventory Management, Llc,
and
William Cuccia,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Chenango County.
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FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHENANGO
----------------------------------x
Accelerated Inventory Management, LLC Index No. 2022-00005156
File No.: 0L100517
PLAINTIFF,
- against- AFFIDAVIT OF FACTS
WILLIAM CUCCIA
DEFENDANT(S).
-- ---------------------------x
STATE OF T C\$ ) ss.:
COUNTY OF t MD £ )
1. That I am the custodian of acords for thePlaintift Accelerated Inventory Management, LLC,
I base thisaffidavitupon my review of business records maintained-by Plaintiff initsregular
course of business. These records conceming Defendant's account were made atthat time of
the default by Defendant(s) or within a reasonable time thereafter.I am authorized to execute
thisaffidavit.
2. All of Plaintiff'sbusiness records and information contained in and/or about delinquent
accounts are made available to me forthe purpose of colicoting delinquent debts owed on the
accounts, including the manner in which plaintiffs records are made and maintained.
3, Plaintiffmaintains in the regular .course of its business, records of activity on accounts
including payments received, ashounts owing such accounts, credits and offsets. It is the
regtdar practice of Plaintiff's
business that entriesmay be made ator near the time the events
reflectedin thentoccurred.
4. Plaintiffis a debt purchaser who has purchased the Defendant's de1inquent account and all
business records associated with Defendant's delinquent account from the originalcreditor and
any successor of interestof the account in issueherein which owned the account prior to the
Plaintiff,were incorporated into Plaintiff'sbusiness records at the time of purchase of the
account by Plaintiff.
Plaintiffs'
5. I have personal knowledge of all relevant business records concerning Defendant's
account,
6. On or about November 13, 2013, the Defendant entend into a loan agreement with
LendingClub Corporation. The Defendant agmed to pay to the originalcreditor $18,000.00
plus interestin order to repay the loan provided to the Defendant
1 of 3
FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2022
7. Plaintiff
subsequently bought and was assigned thisdebt and allrightscontained there with for
good and valuable consideration from LendingClub Corporation ("Assignor").
S. The Plaintiff
and any predecessors duly performed allconditions on itspart under agreement.
9. Defendant isin beach of the written agreement because of theirfailureto pay the outstanding
balance of $19,149.I4 despite the factthat payment thereof has been duly demanded.
10. At thistime, the balance of $19,149.14 remains due and owing. This balance does not include
post-judgment interestto be accrued atthe statutory rate should the court award judgment in
favor of the Plaintiff.
11. That by virtue ofthe foregoing, the Defendant has defaulted in payments due and owing on
the account and the remaining balance noted aforesaid isdue in full.
Print Name: . %\ (.1 L OJ..)
Signature:
Sworn to be before this
day of pa , 20
MARIAN ADRIANNA MUNOZ
Notary Pubf|c, State of Texas
Comm. Expires D6-08-2023
NOTARY PUBLIC Notary ID 132008096
2 of 3
FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2022
CERTIFICATE OF CONFORMITY OF ACKNOWLEDGMENT
State Of Texas }
}ss.:
County of Bexar }
, &c.I eg b does hereby certifythathe/she isan attorney-at-law
duly a imitted t practice in the State of Texas, and isa resident of Sgraf County
in the State of Texas, that he/she is a person duly qualified to make thiscertificate of confornlity
pursuant to Section 299-a of the Real Property Law of the State of New York; thathe/she is fully
acquainted with thelaws of the Stateof Texas pertaining to the acknowledgment orproof ofdeeds
of realproperty to be reconled therein; that the oregoing acknowledgment by Daniel Laux named
in the foregoing instrument taken before amb sM.o , a notary public
(or other officer)was taken inthe manner prescribed by such laws of the State of Texas , beingthe
state in which itwas taken; and that itduly confouns with such laws and isin all respects valid
and effectivein such state.
Witness my signature this 19th day ofMay, 2022.
Print Name
Attorney at Law, Texas.
Bar Registration No.28(02(oSli 4__
Residing in the State of Texas
3 of 3
Document Filed Date
October 10, 2022
Case Filing Date
March 22, 2022
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHENANGO ----------------------------------x Accelerated Inventory Management, LLC Index No. 2022-00005156 File No.: 0L100517 PLAINTIFF, - against- AFFIDAVIT OF FACTS WILLIAM CUCCIA DEFENDANT(S). -- ---------------------------x STATE OF T C\$ ) ss.: COUNTY OF t MD £ ) 1. That I am the custodian of acords for thePlaintift Accelerated Inventory Management, LLC, I base thisaffidavitupon my review of business records maintained-by Plaintiff initsregular course of business. These records conceming Defendant's account were made atthat time of the default by Defendant(s) or within a reasonable time thereafter.I am authorized to execute thisaffidavit. 2. All of Plaintiff'sbusiness records and information contained in and/or about delinquent accounts are made available to me forthe purpose of colicoting delinquent debts owed on the accounts, including the manner in which plaintiffs records are made and maintained. 3, Plaintiffmaintains in the regular .course of its business, records of activity on accounts including payments received, ashounts owing such accounts, credits and offsets. It is the regtdar practice of Plaintiff's business that entriesmay be made ator near the time the events reflectedin thentoccurred. 4. Plaintiffis a debt purchaser who has purchased the Defendant's de1inquent account and all business records associated with Defendant's delinquent account from the originalcreditor and any successor of interestof the account in issueherein which owned the account prior to the Plaintiff,were incorporated into Plaintiff'sbusiness records at the time of purchase of the account by Plaintiff. Plaintiffs' 5. I have personal knowledge of all relevant business records concerning Defendant's account, 6. On or about November 13, 2013, the Defendant entend into a loan agreement with LendingClub Corporation. The Defendant agmed to pay to the originalcreditor $18,000.00 plus interestin order to repay the loan provided to the Defendant 1 of 3 FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2022 7. Plaintiff subsequently bought and was assigned thisdebt and allrightscontained there with for good and valuable consideration from LendingClub Corporation ("Assignor"). S. The Plaintiff and any predecessors duly performed allconditions on itspart under agreement. 9. Defendant isin beach of the written agreement because of theirfailureto pay the outstanding balance of $19,149.I4 despite the factthat payment thereof has been duly demanded. 10. At thistime, the balance of $19,149.14 remains due and owing. This balance does not include post-judgment interestto be accrued atthe statutory rate should the court award judgment in favor of the Plaintiff. 11. That by virtue ofthe foregoing, the Defendant has defaulted in payments due and owing on the account and the remaining balance noted aforesaid isdue in full. Print Name: . %\ (.1 L OJ..) Signature: Sworn to be before this day of pa , 20 MARIAN ADRIANNA MUNOZ Notary Pubf|c, State of Texas Comm. Expires D6-08-2023 NOTARY PUBLIC Notary ID 132008096 2 of 3 FILED: CHENANGO COUNTY CLERK 10/10/2022 01:47 PM INDEX NO. 2022-00005156 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/10/2022 CERTIFICATE OF CONFORMITY OF ACKNOWLEDGMENT State Of Texas } }ss.: County of Bexar } , &c.I eg b does hereby certifythathe/she isan attorney-at-law duly a imitted t practice in the State of Texas, and isa resident of Sgraf County in the State of Texas, that he/she is a person duly qualified to make thiscertificate of confornlity pursuant to Section 299-a of the Real Property Law of the State of New York; thathe/she is fully acquainted with thelaws of the Stateof Texas pertaining to the acknowledgment orproof ofdeeds of realproperty to be reconled therein; that the oregoing acknowledgment by Daniel Laux named in the foregoing instrument taken before amb sM.o , a notary public (or other officer)was taken inthe manner prescribed by such laws of the State of Texas , beingthe state in which itwas taken; and that itduly confouns with such laws and isin all respects valid and effectivein such state. Witness my signature this 19th day ofMay, 2022. Print Name Attorney at Law, Texas. Bar Registration No.28(02(oSli 4__ Residing in the State of Texas 3 of 3