Preview
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
Madison Supreme Court
County of Madison State of New York
Sidney Federal Credit Union Index No
Date Filed:
Plaintiff (s)
-vs- CONSUMER CREDIT TRANSACTION
Joseph A Davis SUMMONS
Defendant (s)
TO THE ABOVE Defendant(s):
YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your
answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the
Plaintiffs attorney(s) within twenty(20) days after th'eservice of this summons, exclusive of the day of
service, or within days after completion of service where service is made in any other manner than
thirty(30)
personal within the state. In the case of your failure to appear or answer, judgment will be taken
by delivery
against you by default for the relief demanded in the complaint.
The defendant(s) resides in the County of Oneida.
The consumer credit transaction took place in Madison county.
Madison County is designated as the place of trial based on:
the consumer credit transaction took place in Madison .
[ ]the defendant residence, now or at the time of the transaction.
Amanda C Shaw
DATED: 01/11/23
Riehlman, Shafer & Shaw, LLC
Attorneys for Plaintiff
Post Office Box 544
Tully, New York 13159-0544
Phone: (315) 696-6347
THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
1 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
Madison Supreme Court
County of Madison State of New York
Sidney Federal Credit Union
Plaintiff (s)
-vs- VERIFIED COMPLAINT
Joseph A Davis
Defendant (s)
Plaintiff(s) by the undersigned Attorney, alleges:
1. The Plaintiff is a Federally-Chartered Credit Union, licensed to conduct business in New York, with a
principal place of business at 42 Union Street PO BOX 198, Sidney, County of Delaware, State of NY.
2. Upon information and belief at alltimes hereinafter mentioned, the Defendant(s) is/are an individual(s),
with a residence at 509 19th Ave., Apt. 2 Blossvale, NY 13308.
3. Plaintiff is the original creditor in a certain consumer credit transaction (close ended) that is the subject
of the within action, as evidenced by a certain Loan and Security Agreements and Disclosure Statement
signed by defendant(s) on or about January 28, 2022. The last four digits of the account number assigned to
the subject credit transaction are 7228. A true copy of the subject Agreement is annexed hereto and made
part hereof as Exhibit A.
4. Plaintiff advanced the sums described in said Agreement to or for the benefit of defendant(s), which
defendant(s) agreed to repay to plaintiff, together with interest thereon, pursuant to the terms set forth
therein.
5. The defendant(s) defaulted under the terms of the Agreement by failing to make payments to plaintiff
when due. Defendant(s) failed and neglected to make agreed-upon payments when due. Defendant(s) last
voluntary payment remitted to plaintiff in the amount of $400.00 was received and credited by plaintiff on
the subject account on May 2, 2022, thereby leaving an unpaid principal of $18,543.46. An account record
evidencing the last voluntary payment is attached hereto as the Exhibit B.
defendant(s)'
6. By reason of payment default as aforesaid and after liquidation of the collateral, there is
currently due and owing to the Plaintiff by the Defendant(s), the sum of $15,888.12 which includes unpaid
principal of $14,203.46, plus accrued but unpaid interest from January 28, 2022 through September 27,
2022 in the sum of $959.66, accumulated late charges of $50.00, repossession fees in the amount of
$675.00, plus interest at the rate of 10.990% from September 27, 2022, less payments received subsequent
to referral in the amount of $0.00.
7. That although payment has been demanded of the Defendant(s) by the Plaintiff, such has been neglected
and refused and/or denied.
Defendants'
8. By reason of payment default as aforesaid, Plaintiff has been damaged in the total amount of
$15,888.12 plus future interest on the principal balance at the rate of 10.990% from September 27, 2022.
2 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
WHEREFORE, Plaintiff demands judgment against the Defendant(s), for the total amount claimed due
herein together with reasonable attorneys fees, ifprovided by contract and allowed by law and the costs and
disbursements of this action, and whatever additional r ef the Court deems just, proper and equitable, less
payments made.
Am a Shaw
DATED: 01/11/23
Riehlman, Shafer & Shaw, LLC
Attorneys for Plaintiff
Post Office Box 544
Tully, New York 13159-0544
Phone: (315) 696-6347
THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
3 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
VERIFICATION
STATE OF NEW YORK )
COUNTY OF DELAWARE) s.s.:
Denise Ray, being firstduly sworn, deposes and says:
1. Deponent is the Collection Manager of the plaintiff herein and, as such, I have access to plaintiffs
books and records ("business records"), including electronic records, relating to the account of Joseph
A Davis ("defendant"). In my position, I have personal knowledge of the procedures for creating and
maintaining plaintiffs business records. Plaintiffs business records were made in the regular course of
business and itwas the regular course of such business to make such business records. The records
were made at or near the time of the events recorded. Based upon my review of plaintiffs business
records, I have personal knowledge of the facts set forth in the summons and complaint herein;
2. Deponent has read the foregoing complaint and knows the contents thereof; that the information
contained therein is true and accurate to deponent's knowledge, except as to matters therein asserted to
be upon information and belief.
Sidney Federal Credit Union
By: Denise Ray
Collection Manager
Swom to before me this
day of (13n U ,202 .
No Public
LISA D. PALMATIER
Notary Public, State of New York
No. 01PA5025025
Qualified InChenan o Count
-
My Cornmission Expires , -'1\ ( p
4 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
"A"
EXHIBIT
"A"
EXHIBIT
5 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
. sensesquoo
. . aFP0434fCU(33ts)
55³®" Loan and Agreements
Security
and Disclosure Statement
Teamr-sea-=runearam.Èums-one
gsomous Umepan manam monusmasan mamarean ===
ammems mamm
.-asoRnowenitNam.ame. sonnowarannes.amm yammeal
aspisAÓauts
50918mAmost
easval..Nr.*:ese
, " soRRoWER3ptarnea Address) 80RROWER4jNamesmainsis
Taumrntumonsaoisct.o tunate"mossisanostimatol : r"tis
ANNUALPIAtCiiNTAGERATE PINANCECHARoli sunountFinancedTotatof Payments Total8mioPrice
neconorvaroemaseveeven- neassronoumomassa neamousaoes neamsanservemennesso*onasts
inesmearaveemensve
manenva powegenveer pesarnevounsvesess $NA
Ycwashes ageratutalusvourdenspapnesor
ascapmentmanesnesdna
% $5682J4 $18Ma46 524o682o SNA .
YourPaymentSol:oduloWill8o: IIYou pay off carty You al0 flot have 10
NumborofPoyments AmountefPayments WhenPaymentsAso0ue
60 $401m Mcr@Iyhoginnhg 2MM22
Demand:OTitisobilgaflonhssadomandroature. ,
$ DAIIdisclosurosarabased onanassumed
maturtlyofenoyost.
h"af** Union. got t Credit
Ifwohavonot 10 daysofteritsduodatowowillotsusgoo$25.00Istocharge.
tocolvedyourfutimonthlypaymentby
Y dMd and. any ourd theCreditUnion
andthe sty .
Cotatorst PropostyflodolfMolfo
Yoor ID.Number Type Value NoyNumber
GMCSIermt600 2011 Staggaco
&
Othor(0oscram)
ofShmosS __JAcamrth __ _3 _ _ MAcanstNo.
wace-cocumenteroronymesmonasanovensonaneanonpaymene.oessun,anannysenerooropsymemmtuuomore
6 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
owneenasemyFemmacies uWen Aosth Loenh
" fo'
ITEMIZATION OF THE AMOUNT FINANCED atoons an estimate)
orAnom2Financedor AmountGiventoYou obotty PaldonYourAssoure financmomango
Paldto Others on Your . gf an emount Inmaskedwith an astertak (') We will be setaining a portion of the amount4
s To s To
s teMGAe To chCarAmonce s To
s To s To
s To s To
s To s To
s To s To
s To s To
MILIyARY LENDING ACT 0ISCLOSURES
to endensions of
emi tow provides important protections to members of the Armed Forces and their dependents
enay not
In general. the cost of consumer credit to a member of the Armed Forces and ids or her
consumer credit
artneaMato the oredit
rate of 36 percent. This rate must include. as
exceed an annual percenta or account! The
costsa"*ada'ad
with credit
insurance premkrms: fees for ancillary products sold in connecdon with the
transatalon; any
fee than certainp5cation less for spedited credit transactions or accounts); and any parP
Please L I 'A642-7328 v oral di sures I Mi adescripdon of the
onding Act disclosure abovoand
w0pton.
A 'Covered Bomnver at the time the consumer becomes obligated on Otis
for purposes of this foan means a consumer who
loan. is a covered member or a of a covered member as dedned by the MilitaryAct. A Coveied Sommer
does slot mean a consumer who a Covered Sorrower at the time he or she on this transaction) no
lonqer is a covered member or a member
ent of a covered asdelined
bythe t.ondi
Military
LOANAGREEMENT
ne^E°°ni"!%°"c'||E°un°i*n'°°ror'G|2K440°'nenYAD
eA°°°.bo^lCi"°°'n er ces Y our
each person who signs. of otherwise authenticates, this Agreement as a borrower.
to the Credit Union plus fritorest on the unpaid balance untSwhat You
1. PROMISE TO PAY " You promise to pay S18448A6
one has been repeld.
% per year.
For fbted rate loans. the interest rate is
/D,
For toans. terest rato wiGbe
Ag % until ,VÔ and then the interest rate wi5 be %
% per year and will vasy as follmvs
For wariable rate loans. the Initialinterest rate is
concedoncosm
the amount you owo under the Agreement,Inotuding
You agree to pay aU costs of collecting
court costs andraa""=aW=attorney
fees.
2. PAVMENTS - You promise to ineke payments of the amount and at the time shown in the Truth In Le
Olsclosure. If this is
a variable rate loan,
Promise to P If the interest rate increases, You
section teUS ou whether have to make more
prepay part of what
ou .Youere sail re to make sc u unless he
to a chan payment schedule. 8taean"a this is a strmpleInterest loan.
do not payments exa as
Your payment
be more or less than the amount of the tinal payment that is disclosed. u You elect
You will tie required to
a arr , us a has be n
to make all this loan retinances another toan You have with US.the other toan wBI
to the place We choose.
canceled and as of ete date of this loan, Unless otherwise required by law. payments wUIbe sppUedto amounts
owed In the manner We choose.
3. LOAN PROCEEDS 8Y MAIL - If the proceeds of this toen are inalled to You, Interest on this toan begins on the date the toan
proceeds aro mailed to You.
4. SECURITY FOR LOAN - This Agreement is secured by a "Securky' secdon of the Truth in
property described In the LentRng
Disclosure.Property securing other loans You have with Us also secures this loan. unless the property is a dwelling of otherwisi
Page2ers upane
..
7 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
of shares. We may also have attet is luumn as a st tutory lion
federal and/or state law. In addition to Your
prettibited
. on oil Ind and joint accounts You have with Us. AIlan means We have the right under federal andfor egatelign to
federal andler state hHv. We can enforce a
claim an interest in Your accounts. Unless otherwise prohib an
s to
In all indMdual and Lolnt accounts You have wills
Your shares and dividends and, If any. interest and de
any outstanding financial obligation that is due andWe Our to enforce this tiestwithout
borrowerst
notice to You, to the extent pennitted by law. You as for this toan aB shares and
dMdonds if with
eBdeposRs and interest in 80 joint and individual accounts Credit Union now and in 0to
future. The anow Us to
Your pledge will
IIon andfor to what You owe when
the funds -in Your account[s)
amount and account number are
adollar
You ore In defauth in the 'Secu section of the Truth in Lending Disclosure.
4 until the Credit Union agrees to release
to secure Otis
You may not withdraw the amount that has been spoolfically
The statutory lion and Your
a9 or part of the pledged amount do not a ty to any ladividual Retirement Account of any
understate
or
other accoura that would lose special tax trootment oral
towifg as security.
on or before the
ement If You do not make a payment of 0te amount
5. DEFAULT " You will be In default under this
anyone is In deGiult
any promise You made In connection with this toen or
date it is due. You will be in default If You
under You wis be in default if You die, fife for
ement made in connection wim Otis Agreement
become become due). or if You made any false or
is. unable to pay Your bills and loano so
in
statements will
appBcation. You alsobein if
default ppens that We beQ seriously stfoot
r any other
this Agreement or if You are in default
absty to repay what You oweunder You have with Us.
6, ACTIONS AFTER DEFAULY - When You are in default
We demand immediate of the entire unpaid balance
If We demand immediate payment. You
under this Agreement continue to at the rate provided for in this
repaid.
reement. until what You owo has been we willalsoapplyagainst You own any sharesondlerdeposits
We may elso exercise any other rights given
on as scourity under this Agroomont. unloos
law when You are in default
are a Covered 6orrowerunderthe Military
Landing Act Too waive You have to recotwo demandfor
payment and notice of deman
payment, noEco of Intent to demand immediato payment
Into
7. EACH PERSON RESPONSISLE - Each person who signs.or otherwise authenticates, this Agreement will be IndMduaRy and
jointly responsiNo for o ondre amount owed undMrthis Agreement This means We oan onforce Our rights against any
one of You individually orall of You together.
8. LATE CHARGE - If are late in making a You promise to pay the late charge shown in the Truth in Lending
Disclosure. If no lato charged one.
is shown, You win not
9. DELAY IN ENFORC G RIGHTS - ement any number of times
We can delay enforcing any of Our rights under this
without Its or legm representatives.
Uneability to exerolso Our rights later. We can enfãrce this Agreement against Your
to. CONTIN EFFECTIVENESS - If any part of this Agreentent is determined by a court to be unenforceable, the rest stD
remain in effect
11. NOTICES " Notices will be sent to You at the most recent address You have given Us in writing. Notice to ony one of You wiG
be nodce to as.
12. USE OF ACCOUNT " You promise to use Your cocount for consumer (personal. family or household) purposes, unless the
Credit Union gives You written permission to use the account also for agricultural or commerclel purposes, or to purchase real
ostate.
- AGREEMENT" PURSUANT TO
13. NO ORAL AGREEMENTS THIS NOTE CONSTITUTES A "WRITTEN LOAN
SECTION 26.02OF THE TEXAS SUSINESS AND COMMERCE COD IF SUCH SECTION APPUES. THIS
WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEM BETWEEN THE PARTIES AND MAY
NOT BE CONTRADICTED BY EVIDENCE OF PRIOR. CONTEMPORANEOUS. OR SUBSEQUENT ORAL
AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE
PARTIES.
14. The followinn by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT
la required
YOU ARE EQUAT.LY1.IABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER 00ES NOT PAY, THE LENDER HAS
A LEGAL RIGHT TO COLLECT FROM YOU.
15. NOTICE TO UTAH BORROWERS: This writton Agrooment is OneGnalexpression of the Agreement between You and the
Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement.
16. OTHER PROVISIONS "
SECURITYAGREEMENT
this Security (* *We* *Our" or *Us' mean the Credit Union whose
t ment") att references to "Credit Union".
name apposts
on documen references to the
and anyone to whom the Credit Union assigns or transfers Otis Agreement
*You" All
'Loan'mean the loan described in the L'can or 'Youtmoon any
cement that is part of this d
cumenLAGreferences to
person who signs. or otherwise authenticates,
Agrooment.
1. THE SECURITY FOR THELOAN- You give Us what is known as a secu
interest In in the *SecurthC
section of the Testhin Len that is part of this document fthe. The You give includes a0
=*lmes. Accessions are which ago attached to or instoDodm the r future. The security interest
also includes any rap the Property which You buy within 10 Loan and any extensions. renewals or
retinancines of Gie Loan. It elso includes Property or from Irisurance You have on the
money You receive from sel!log
Property. Rthe value of the You promise to ghreUs incre property as security If asked to do so.
2. WHAT THE SECURITY ( RSICROSS COLLATERAL PROVISIONS - The se interest secures the Loan
and any extensions. renewals or relinancings of the Loan. Untess prohibited
by applicablo
law. laterest
security also
secures any other loans. including
eny orodit You
card loan. hovonow or recoNointhe frorn
future Us and any other
Pagosol$ name
8 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
nanomoracreatumen AmtNm lamNo
PropestywiD Loan and not other toans or amounts You owe Us.
3. 0WNERSHIP OF THE PROPERTY - You that You own the Property of. if this Loan is to buy You
win uso the Loan for the
. You promise that no one else has any interest in or clahn
You have not a loan
not to seDor tease the Property or to use it as
the is You You will aUowno other security interest or lien to attach to
Property
4, ES C You promise to havo Our security
INTERFST - If Your state Issues a title for the
to file what is caRoda fin
interest shown on the Itile. We may atetement Our security interest from the
timüco ant emeri purs ni Corn f to
pmrnise to do whatever olso We think is necessary to psotect Our security interest in
You a!I
butnot
costs, Including timited
toany We
attomoy fees, incurIn Our
protecting security rights in
tow.
extent pennlued by eplicebte
S. USE OF PROPERTY " Until the Loan has been paid off, a You wID: Use the care and Iteep t In
repair. Ottain Qur written perndssion bolbre making
che the or the whose the
is before
Inform us in witting Your ADowUs to the Prom
ed stolenor abused. (6)use the any unlawful purpose, ( the
due on the
6. PROPERTY INSURANCE, TAXES AND FEES - You promise to cav an taxes and fees (Idte registration
TI e amount end
Property and to keep the Property Insured against loss and damag a of ttle rance must
to n pot payable and to the cy or proof coverage
is lost or damaged, We can use the
a refund. We have a right to die refund. If the Pro
If You cancel Your insurance and
insurance setdement to repair ap It towants what You one. You Us to endorse any draR or check
which may be payable to You In order
to any refund or benefile due under Your insurance petley.
to do or will added the balance o and You
interest on those a at the same sale You agreed to pay on the Leon. We may receive paymenta in connection with the
born e company which provides the Insurance. We may monitor Our loans for the purpose of determining whether You
e others to do schThe
and other borrowers NaveampHed with the insurance requirements of Our loan agreernants or may en
liance the insu requirom ts. o for taxes the un ld botanco of
We may increase Your payments to pay the amount added within the term of the Insurance or term of th
Loan.
er Our a e prer m b her the
ave en Us the right to puresumnoe after uninsured collotoral I will
or damaged. The Insurance
insurance ond wtil not satisfy
anystatefinancial or
responsibilitynofaultlaws.
8. DEFAU You stil be in default If You break any promise You make or faDto perform any obilgation You have under this
ment You will also be in defauk under this Agreement II the Loan Is in default. You wtDce in default If any Property You
Us as security is rar--'by someone else. seized under a forfeiture or similar law. or if anything elso happens
that affects the value of the Property or Our securny interest in it
9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are In default, W y demand immediate payment of the
has to tr of without this can be d tf
We ask. to the Proposty at and hoose. (Ithe Is a motor vehicle or t
ou
any other not by this mor that You leamalde the Property or Itac o the . We
will try to retum t t evaBablefor You to claim.
property to You or malie
end setting Property wiDbe deducted from the money received from the sale. Those costs may include the cost of ator ng the
Property. preparing Itfor sato and attomey's fees to the extent permitted under state law or awarded under the So
CMde.
if You have agreed to amount that remains unpaid after the sale money has been
y the Loan. You must pay to the
unpaid of e to who You owe the same
er this Agreement, You agree to pay interest on that amount
10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE I.0AN " We can delaonforcing any under this
Agreement any number of anes
wnhout tosing ine alssty to exerase Our nghts tator. (Ms can enfords this
against
Yourheirs or legat representatives. If We change the terms of the Loan. You agree that this Agreement
In offacL
1 CO ED EFFECTWENESS - (f any port of thIs Agreement is determined by a court to be unenforceable, the seat atB
12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - R is unlawful for You to fail to seturn a motor vehicle that Is su
to a
respo bility to r t u ad for ure to tum a enotor
vehicle is one year In prisonandfor e tine of S150.000.00.
Possesrs arena
9 of 12
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023
enaksmainey9esaref orestuaton anew nannu
® ThefoSewingnoGoeappHoo DNLY whentho boxettettlemarhod.
13. NOTICE: ANY HOLDER 0F
Preview
FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 Madison Supreme Court County of Madison State of New York Sidney Federal Credit Union Index No Date Filed: Plaintiff (s) -vs- CONSUMER CREDIT TRANSACTION Joseph A Davis SUMMONS Defendant (s) TO THE ABOVE Defendant(s): YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiffs attorney(s) within twenty(20) days after th'eservice of this summons, exclusive of the day of service, or within days after completion of service where service is made in any other manner than thirty(30) personal within the state. In the case of your failure to appear or answer, judgment will be taken by delivery against you by default for the relief demanded in the complaint. The defendant(s) resides in the County of Oneida. The consumer credit transaction took place in Madison county. Madison County is designated as the place of trial based on: the consumer credit transaction took place in Madison . [ ]the defendant residence, now or at the time of the transaction. Amanda C Shaw DATED: 01/11/23 Riehlman, Shafer & Shaw, LLC Attorneys for Plaintiff Post Office Box 544 Tully, New York 13159-0544 Phone: (315) 696-6347 THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 Madison Supreme Court County of Madison State of New York Sidney Federal Credit Union Plaintiff (s) -vs- VERIFIED COMPLAINT Joseph A Davis Defendant (s) Plaintiff(s) by the undersigned Attorney, alleges: 1. The Plaintiff is a Federally-Chartered Credit Union, licensed to conduct business in New York, with a principal place of business at 42 Union Street PO BOX 198, Sidney, County of Delaware, State of NY. 2. Upon information and belief at alltimes hereinafter mentioned, the Defendant(s) is/are an individual(s), with a residence at 509 19th Ave., Apt. 2 Blossvale, NY 13308. 3. Plaintiff is the original creditor in a certain consumer credit transaction (close ended) that is the subject of the within action, as evidenced by a certain Loan and Security Agreements and Disclosure Statement signed by defendant(s) on or about January 28, 2022. The last four digits of the account number assigned to the subject credit transaction are 7228. A true copy of the subject Agreement is annexed hereto and made part hereof as Exhibit A. 4. Plaintiff advanced the sums described in said Agreement to or for the benefit of defendant(s), which defendant(s) agreed to repay to plaintiff, together with interest thereon, pursuant to the terms set forth therein. 5. The defendant(s) defaulted under the terms of the Agreement by failing to make payments to plaintiff when due. Defendant(s) failed and neglected to make agreed-upon payments when due. Defendant(s) last voluntary payment remitted to plaintiff in the amount of $400.00 was received and credited by plaintiff on the subject account on May 2, 2022, thereby leaving an unpaid principal of $18,543.46. An account record evidencing the last voluntary payment is attached hereto as the Exhibit B. defendant(s)' 6. By reason of payment default as aforesaid and after liquidation of the collateral, there is currently due and owing to the Plaintiff by the Defendant(s), the sum of $15,888.12 which includes unpaid principal of $14,203.46, plus accrued but unpaid interest from January 28, 2022 through September 27, 2022 in the sum of $959.66, accumulated late charges of $50.00, repossession fees in the amount of $675.00, plus interest at the rate of 10.990% from September 27, 2022, less payments received subsequent to referral in the amount of $0.00. 7. That although payment has been demanded of the Defendant(s) by the Plaintiff, such has been neglected and refused and/or denied. Defendants' 8. By reason of payment default as aforesaid, Plaintiff has been damaged in the total amount of $15,888.12 plus future interest on the principal balance at the rate of 10.990% from September 27, 2022. 2 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 WHEREFORE, Plaintiff demands judgment against the Defendant(s), for the total amount claimed due herein together with reasonable attorneys fees, ifprovided by contract and allowed by law and the costs and disbursements of this action, and whatever additional r ef the Court deems just, proper and equitable, less payments made. Am a Shaw DATED: 01/11/23 Riehlman, Shafer & Shaw, LLC Attorneys for Plaintiff Post Office Box 544 Tully, New York 13159-0544 Phone: (315) 696-6347 THE LAW FIRM OF RIEHLMAN SHAFER & SHAW, LLC IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 VERIFICATION STATE OF NEW YORK ) COUNTY OF DELAWARE) s.s.: Denise Ray, being firstduly sworn, deposes and says: 1. Deponent is the Collection Manager of the plaintiff herein and, as such, I have access to plaintiffs books and records ("business records"), including electronic records, relating to the account of Joseph A Davis ("defendant"). In my position, I have personal knowledge of the procedures for creating and maintaining plaintiffs business records. Plaintiffs business records were made in the regular course of business and itwas the regular course of such business to make such business records. The records were made at or near the time of the events recorded. Based upon my review of plaintiffs business records, I have personal knowledge of the facts set forth in the summons and complaint herein; 2. Deponent has read the foregoing complaint and knows the contents thereof; that the information contained therein is true and accurate to deponent's knowledge, except as to matters therein asserted to be upon information and belief. Sidney Federal Credit Union By: Denise Ray Collection Manager Swom to before me this day of (13n U ,202 . No Public LISA D. PALMATIER Notary Public, State of New York No. 01PA5025025 Qualified InChenan o Count - My Cornmission Expires , -'1\ ( p 4 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 "A" EXHIBIT "A" EXHIBIT 5 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 . sensesquoo . . aFP0434fCU(33ts) 55³®" Loan and Agreements Security and Disclosure Statement Teamr-sea-=runearam.Èums-one gsomous Umepan manam monusmasan mamarean === ammems mamm .-asoRnowenitNam.ame. sonnowarannes.amm yammeal aspisAÓauts 50918mAmost easval..Nr.*:ese , " soRRoWER3ptarnea Address) 80RROWER4jNamesmainsis Taumrntumonsaoisct.o tunate"mossisanostimatol : r"tis ANNUALPIAtCiiNTAGERATE PINANCECHARoli sunountFinancedTotatof Payments Total8mioPrice neconorvaroemaseveeven- neassronoumomassa neamousaoes neamsanservemennesso*onasts inesmearaveemensve manenva powegenveer pesarnevounsvesess $NA Ycwashes ageratutalusvourdenspapnesor ascapmentmanesnesdna % $5682J4 $18Ma46 524o682o SNA . YourPaymentSol:oduloWill8o: IIYou pay off carty You al0 flot have 10 NumborofPoyments AmountefPayments WhenPaymentsAso0ue 60 $401m Mcr@Iyhoginnhg 2MM22 Demand:OTitisobilgaflonhssadomandroature. , $ DAIIdisclosurosarabased onanassumed maturtlyofenoyost. h"af** Union. got t Credit Ifwohavonot 10 daysofteritsduodatowowillotsusgoo$25.00Istocharge. tocolvedyourfutimonthlypaymentby Y dMd and. any ourd theCreditUnion andthe sty . Cotatorst PropostyflodolfMolfo Yoor ID.Number Type Value NoyNumber GMCSIermt600 2011 Staggaco & Othor(0oscram) ofShmosS __JAcamrth __ _3 _ _ MAcanstNo. wace-cocumenteroronymesmonasanovensonaneanonpaymene.oessun,anannysenerooropsymemmtuuomore 6 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 owneenasemyFemmacies uWen Aosth Loenh " fo' ITEMIZATION OF THE AMOUNT FINANCED atoons an estimate) orAnom2Financedor AmountGiventoYou obotty PaldonYourAssoure financmomango Paldto Others on Your . gf an emount Inmaskedwith an astertak (') We will be setaining a portion of the amount4 s To s To s teMGAe To chCarAmonce s To s To s To s To s To s To s To s To s To s To s To MILIyARY LENDING ACT 0ISCLOSURES to endensions of emi tow provides important protections to members of the Armed Forces and their dependents enay not In general. the cost of consumer credit to a member of the Armed Forces and ids or her consumer credit artneaMato the oredit rate of 36 percent. This rate must include. as exceed an annual percenta or account! The costsa"*ada'ad with credit insurance premkrms: fees for ancillary products sold in connecdon with the transatalon; any fee than certainp5cation less for spedited credit transactions or accounts); and any parP Please L I 'A642-7328 v oral di sures I Mi adescripdon of the onding Act disclosure abovoand w0pton. A 'Covered Bomnver at the time the consumer becomes obligated on Otis for purposes of this foan means a consumer who loan. is a covered member or a of a covered member as dedned by the MilitaryAct. A Coveied Sommer does slot mean a consumer who a Covered Sorrower at the time he or she on this transaction) no lonqer is a covered member or a member ent of a covered asdelined bythe t.ondi Military LOANAGREEMENT ne^E°°ni"!%°"c'||E°un°i*n'°°ror'G|2K440°'nenYAD eA°°°.bo^lCi"°°'n er ces Y our each person who signs. of otherwise authenticates, this Agreement as a borrower. to the Credit Union plus fritorest on the unpaid balance untSwhat You 1. PROMISE TO PAY " You promise to pay S18448A6 one has been repeld. % per year. For fbted rate loans. the interest rate is /D, For toans. terest rato wiGbe Ag % until ,VÔ and then the interest rate wi5 be % % per year and will vasy as follmvs For wariable rate loans. the Initialinterest rate is concedoncosm the amount you owo under the Agreement,Inotuding You agree to pay aU costs of collecting court costs andraa""=aW=attorney fees. 2. PAVMENTS - You promise to ineke payments of the amount and at the time shown in the Truth In Le Olsclosure. If this is a variable rate loan, Promise to P If the interest rate increases, You section teUS ou whether have to make more prepay part of what ou .Youere sail re to make sc u unless he to a chan payment schedule. 8taean"a this is a strmpleInterest loan. do not payments exa as Your payment be more or less than the amount of the tinal payment that is disclosed. u You elect You will tie required to a arr , us a has be n to make all this loan retinances another toan You have with US.the other toan wBI to the place We choose. canceled and as of ete date of this loan, Unless otherwise required by law. payments wUIbe sppUedto amounts owed In the manner We choose. 3. LOAN PROCEEDS 8Y MAIL - If the proceeds of this toen are inalled to You, Interest on this toan begins on the date the toan proceeds aro mailed to You. 4. SECURITY FOR LOAN - This Agreement is secured by a "Securky' secdon of the Truth in property described In the LentRng Disclosure.Property securing other loans You have with Us also secures this loan. unless the property is a dwelling of otherwisi Page2ers upane .. 7 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 of shares. We may also have attet is luumn as a st tutory lion federal and/or state law. In addition to Your prettibited . on oil Ind and joint accounts You have with Us. AIlan means We have the right under federal andfor egatelign to federal andler state hHv. We can enforce a claim an interest in Your accounts. Unless otherwise prohib an s to In all indMdual and Lolnt accounts You have wills Your shares and dividends and, If any. interest and de any outstanding financial obligation that is due andWe Our to enforce this tiestwithout borrowerst notice to You, to the extent pennitted by law. You as for this toan aB shares and dMdonds if with eBdeposRs and interest in 80 joint and individual accounts Credit Union now and in 0to future. The anow Us to Your pledge will IIon andfor to what You owe when the funds -in Your account[s) amount and account number are adollar You ore In defauth in the 'Secu section of the Truth in Lending Disclosure. 4 until the Credit Union agrees to release to secure Otis You may not withdraw the amount that has been spoolfically The statutory lion and Your a9 or part of the pledged amount do not a ty to any ladividual Retirement Account of any understate or other accoura that would lose special tax trootment oral towifg as security. on or before the ement If You do not make a payment of 0te amount 5. DEFAULT " You will be In default under this anyone is In deGiult any promise You made In connection with this toen or date it is due. You will be in default If You under You wis be in default if You die, fife for ement made in connection wim Otis Agreement become become due). or if You made any false or is. unable to pay Your bills and loano so in statements will appBcation. You alsobein if default ppens that We beQ seriously stfoot r any other this Agreement or if You are in default absty to repay what You oweunder You have with Us. 6, ACTIONS AFTER DEFAULY - When You are in default We demand immediate of the entire unpaid balance If We demand immediate payment. You under this Agreement continue to at the rate provided for in this repaid. reement. until what You owo has been we willalsoapplyagainst You own any sharesondlerdeposits We may elso exercise any other rights given on as scourity under this Agroomont. unloos law when You are in default are a Covered 6orrowerunderthe Military Landing Act Too waive You have to recotwo demandfor payment and notice of deman payment, noEco of Intent to demand immediato payment Into 7. EACH PERSON RESPONSISLE - Each person who signs.or otherwise authenticates, this Agreement will be IndMduaRy and jointly responsiNo for o ondre amount owed undMrthis Agreement This means We oan onforce Our rights against any one of You individually orall of You together. 8. LATE CHARGE - If are late in making a You promise to pay the late charge shown in the Truth in Lending Disclosure. If no lato charged one. is shown, You win not 9. DELAY IN ENFORC G RIGHTS - ement any number of times We can delay enforcing any of Our rights under this without Its or legm representatives. Uneability to exerolso Our rights later. We can enfãrce this Agreement against Your to. CONTIN EFFECTIVENESS - If any part of this Agreentent is determined by a court to be unenforceable, the rest stD remain in effect 11. NOTICES " Notices will be sent to You at the most recent address You have given Us in writing. Notice to ony one of You wiG be nodce to as. 12. USE OF ACCOUNT " You promise to use Your cocount for consumer (personal. family or household) purposes, unless the Credit Union gives You written permission to use the account also for agricultural or commerclel purposes, or to purchase real ostate. - AGREEMENT" PURSUANT TO 13. NO ORAL AGREEMENTS THIS NOTE CONSTITUTES A "WRITTEN LOAN SECTION 26.02OF THE TEXAS SUSINESS AND COMMERCE COD IF SUCH SECTION APPUES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEM BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR. CONTEMPORANEOUS. OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 14. The followinn by Vermont law: NOTICE TO COSIGNER: YOUR SIGNATURE ON THIS NOTE MEANS THAT la required YOU ARE EQUAT.LY1.IABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER 00ES NOT PAY, THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. 15. NOTICE TO UTAH BORROWERS: This writton Agrooment is OneGnalexpression of the Agreement between You and the Credit Union. This written Agreement may not be contradicted by evidence of any oral agreement. 16. OTHER PROVISIONS " SECURITYAGREEMENT this Security (* *We* *Our" or *Us' mean the Credit Union whose t ment") att references to "Credit Union". name apposts on documen references to the and anyone to whom the Credit Union assigns or transfers Otis Agreement *You" All 'Loan'mean the loan described in the L'can or 'Youtmoon any cement that is part of this d cumenLAGreferences to person who signs. or otherwise authenticates, Agrooment. 1. THE SECURITY FOR THELOAN- You give Us what is known as a secu interest In in the *SecurthC section of the Testhin Len that is part of this document fthe. The You give includes a0 =*lmes. Accessions are which ago attached to or instoDodm the r future. The security interest also includes any rap the Property which You buy within 10 Loan and any extensions. renewals or retinancines of Gie Loan. It elso includes Property or from Irisurance You have on the money You receive from sel!log Property. Rthe value of the You promise to ghreUs incre property as security If asked to do so. 2. WHAT THE SECURITY ( RSICROSS COLLATERAL PROVISIONS - The se interest secures the Loan and any extensions. renewals or relinancings of the Loan. Untess prohibited by applicablo law. laterest security also secures any other loans. including eny orodit You card loan. hovonow or recoNointhe frorn future Us and any other Pagosol$ name 8 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 nanomoracreatumen AmtNm lamNo PropestywiD Loan and not other toans or amounts You owe Us. 3. 0WNERSHIP OF THE PROPERTY - You that You own the Property of. if this Loan is to buy You win uso the Loan for the . You promise that no one else has any interest in or clahn You have not a loan not to seDor tease the Property or to use it as the is You You will aUowno other security interest or lien to attach to Property 4, ES C You promise to havo Our security INTERFST - If Your state Issues a title for the to file what is caRoda fin interest shown on the Itile. We may atetement Our security interest from the timüco ant emeri purs ni Corn f to pmrnise to do whatever olso We think is necessary to psotect Our security interest in You a!I butnot costs, Including timited toany We attomoy fees, incurIn Our protecting security rights in tow. extent pennlued by eplicebte S. USE OF PROPERTY " Until the Loan has been paid off, a You wID: Use the care and Iteep t In repair. Ottain Qur written perndssion bolbre making che the or the whose the is before Inform us in witting Your ADowUs to the Prom ed stolenor abused. (6)use the any unlawful purpose, ( the due on the 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to cav an taxes and fees (Idte registration TI e amount end Property and to keep the Property Insured against loss and damag a of ttle rance must to n pot payable and to the cy or proof coverage is lost or damaged, We can use the a refund. We have a right to die refund. If the Pro If You cancel Your insurance and insurance setdement to repair ap It towants what You one. You Us to endorse any draR or check which may be payable to You In order to any refund or benefile due under Your insurance petley. to do or will added the balance o and You interest on those a at the same sale You agreed to pay on the Leon. We may receive paymenta in connection with the born e company which provides the Insurance. We may monitor Our loans for the purpose of determining whether You e others to do schThe and other borrowers NaveampHed with the insurance requirements of Our loan agreernants or may en liance the insu requirom ts. o for taxes the un ld botanco of We may increase Your payments to pay the amount added within the term of the Insurance or term of th Loan. er Our a e prer m b her the ave en Us the right to puresumnoe after uninsured collotoral I will or damaged. The Insurance insurance ond wtil not satisfy anystatefinancial or responsibilitynofaultlaws. 8. DEFAU You stil be in default If You break any promise You make or faDto perform any obilgation You have under this ment You will also be in defauk under this Agreement II the Loan Is in default. You wtDce in default If any Property You Us as security is rar--'by someone else. seized under a forfeiture or similar law. or if anything elso happens that affects the value of the Property or Our securny interest in it 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When You are In default, W y demand immediate payment of the has to tr of without this can be d tf We ask. to the Proposty at and hoose. (Ithe Is a motor vehicle or t ou any other not by this mor that You leamalde the Property or Itac o the . We will try to retum t t evaBablefor You to claim. property to You or malie end setting Property wiDbe deducted from the money received from the sale. Those costs may include the cost of ator ng the Property. preparing Itfor sato and attomey's fees to the extent permitted under state law or awarded under the So CMde. if You have agreed to amount that remains unpaid after the sale money has been y the Loan. You must pay to the unpaid of e to who You owe the same er this Agreement, You agree to pay interest on that amount 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE I.0AN " We can delaonforcing any under this Agreement any number of anes wnhout tosing ine alssty to exerase Our nghts tator. (Ms can enfords this against Yourheirs or legat representatives. If We change the terms of the Loan. You agree that this Agreement In offacL 1 CO ED EFFECTWENESS - (f any port of thIs Agreement is determined by a court to be unenforceable, the seat atB 12. NOTICE FOR ARIZONA OWNERS OF PROPERTY - R is unlawful for You to fail to seturn a motor vehicle that Is su to a respo bility to r t u ad for ure to tum a enotor vehicle is one year In prisonandfor e tine of S150.000.00. Possesrs arena 9 of 12 FILED: MADISON COUNTY CLERK 01/25/2023 11:16 AM INDEX NO. EF2023-1058 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2023 enaksmainey9esaref orestuaton anew nannu ® ThefoSewingnoGoeappHoo DNLY whentho boxettettlemarhod. 13. NOTICE: ANY HOLDER 0F