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ARD OUN nh DV INDEX NO. E160145/2016
06
NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 12/06/2016
STATE OF NEW YORK
COUNTY OF NIAGARA : NIAGARA COUNTY SUPREME COURT
CONSUMER CREDIT TRANSACTION
LOCKPORT SCHOOLS FEDERAL CREDIT UNION
360 South Transit Street
Lockport, NY 14094-,
Plaintiff, SUMMONS
vs.
Index No.
DEBORAH A/K/A DEBBIE HUTTENMAIER
2212 1st St
Grand Island, NY 14072,
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby summoned and required to serve upon plaintiff's attorney an answer
to the complaint in this action within twenty days after the service of this summons,
exclusive of the day of service, or within thirty days after service is complete if this
summons is not personally delivered to you within the State of New York. In case of your
failure to answer, judgment will be taken against you by default for the relief demanded in
the complaint. :
This action is brought in the County of Niagara, because of the place of transaction
in said County. The residence of the Def WA the County of Erie.
DATED: November 22, 2016
Buffalo, New York
WILLIAM ILECKI
CHIARI & ILECKI, LLP
Attorney(s) for Plaintiff
14 LAFAYETTE SQ STE 1440
BUFFALO, NY 14203
Phone: (716) 838-4300
Fax: (716) 204-9728
Any request for Judgment for the relief demanded in the Complaint will be subject to
approval by the Court and applicable law. This communication is from a debt collector.
The debt collector is attempting to collect a debt, and any information obtained will be used
for that purpose.
Our file number- 201605250
Filed in Niagara County Clerk's Office 12/6/20161 of 4 Index # E160145/2016
Although we may have requested that you take certain action, you still have the tight
to make a written request, within thirty days of your receipt of this notice, for more
information about the debt. Your rights are described at the end of this notice. Note-
because of interest or other charges that may vary from day to day, the amount due on the
day you pay may be greater. If you pay the amount shown in the Complaint, an adjustment
may be necessary after we receive the payment, in which event we will inform you. For
further information, please contact this office. This advice pertains to your dealings with
me as a debt collector. It does not affect your dealings with the court, and in particular it
does not change the time at which you must answer the complaint. The summons is a
command from the court, not from me, and you must follow its instructions even if you
dispute the validity or amount of the debt. The advice in this portion of the document also
does not affect my relations with the court. As a lawyer, | may file papers in the suit
according to the court's rules and the judge's instructions. Unless you, within thirty days
after receipt of this notice, dispute the validity of the debt, or any portion of it, the debt will
be assumed to be valid by us. If you notify us in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, we will obtain verification of the debt and mail a
copy of such verification to you. Upon your written request within the thirty-day period, we
will provide you with the name and address of the original creditor, if different from the
current creditor. The law does not require us to wait until the end of the thirty-day period
following first contact with you before suing you to collect the debt. Even though the law
provides that your answer to the Complaint may be required to be served in some cases in
less than thirty days, no request will be made to the Court for a judgment until, at least, the
expiration of thirty days after your receipt of this summons. However, if you dispute the
debt or request the name and address of the original creditor within the thirty-day period
that begins with your receipt of this summons, and in the manner stated above, the law
Tequires us to cease efforts (through litigation or otherwise) to collect the debt until we mail
the requested information to you. Nevertheless, this dispute or request may not constitute
an Answer under law. You should consult an attorney for advice concerning your rights
and obligations in this suit.
Note- because of interest or other charges that may vary from day to day, the
amount due on the day you pay may be greater. If you pay the amount shown in the
Complaint, an adjustment may be necessary after we receive the payment, in which event
we will inform you. For further information, please contact this office.
20f 4
STATE OF NEW YORK
COUNTY OF NIAGARA : NIAGARA COUNTY SUPREME COURT
CONSUMER CREDIT TRANSACTION
LOCKPORT SCHOOLS FEDERAL CREDIT UNION,
Plaintiff, COMPLAINT
VS.
Index No.
DEBORAH AVK/A DEBBIE HUTTENMAIER,
Defendant(s). ASSIGNED JUDGE:
Hon.
Plaintiff, by Plaintiffs attorneys, CHIARI & ILECKI, LLP, complaining of the
Defendant(s), herein alleges:
FIRST CAUSE OF ACTION
FIRST COUNT
4 Plaintiff is a(n) federally chartered credit union.
2 Defendant(s). owe Plaintiff the sum of $963.36, together with interest-at 9.00%
per annum from November 9, 2015, for money lent by Plaintiff to Defendant(s) for which
the Defendant(s) have failed to repay and remain liable pursuant to their agreement with
the Plaintiff on or about March 18, 2009.
SECOND COUNT
3. That an account was taken and stated via invoices/statements forwarded from
the Plaintiff to Defendant(s) which showed a balance due and owing by said
Defendant(s) to the Plaintiff.
4 Said Defendant(s) received and retained said invoices/statements without
objection.
WHEREFORE, Plaintiff demands judgment against Defendant(s) as follows:
3 0f 4
a for the sum of $963.36, together with interest at 9.00% per annum from
November 9, 2015 ($90.03 to date, plus any future .interest due to date of
Judgment); and
b. for the costs and disbursements of this action, and for such further relief
as this court deems proper.
DATED: November 22, 2016
Buffalo, New York .
WILLIAM IL! ECR
/
CHIARI & ILECKI, LLP
Attorney(s) for Plaintiff
14 LAFAYETTE SQ STE 1440
BUFFALO, NY 14203
Phone: (716) 838-4300
Fax: (716) 204-9728
Our file number- 201605250
4 of 4
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ARD OUN nh DV INDEX NO. E160145/2016 06 NYSCEF BOC. NO. 1 RECEIVED NYSCEF: 12/06/2016 STATE OF NEW YORK COUNTY OF NIAGARA : NIAGARA COUNTY SUPREME COURT CONSUMER CREDIT TRANSACTION LOCKPORT SCHOOLS FEDERAL CREDIT UNION 360 South Transit Street Lockport, NY 14094-, Plaintiff, SUMMONS vs. Index No. DEBORAH A/K/A DEBBIE HUTTENMAIER 2212 1st St Grand Island, NY 14072, Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby summoned and required to serve upon plaintiff's attorney an answer to the complaint in this action within twenty days after the service of this summons, exclusive of the day of service, or within thirty days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. : This action is brought in the County of Niagara, because of the place of transaction in said County. The residence of the Def WA the County of Erie. DATED: November 22, 2016 Buffalo, New York WILLIAM ILECKI CHIARI & ILECKI, LLP Attorney(s) for Plaintiff 14 LAFAYETTE SQ STE 1440 BUFFALO, NY 14203 Phone: (716) 838-4300 Fax: (716) 204-9728 Any request for Judgment for the relief demanded in the Complaint will be subject to approval by the Court and applicable law. This communication is from a debt collector. The debt collector is attempting to collect a debt, and any information obtained will be used for that purpose. Our file number- 201605250 Filed in Niagara County Clerk's Office 12/6/20161 of 4 Index # E160145/2016 Although we may have requested that you take certain action, you still have the tight to make a written request, within thirty days of your receipt of this notice, for more information about the debt. Your rights are described at the end of this notice. Note- because of interest or other charges that may vary from day to day, the amount due on the day you pay may be greater. If you pay the amount shown in the Complaint, an adjustment may be necessary after we receive the payment, in which event we will inform you. For further information, please contact this office. This advice pertains to your dealings with me as a debt collector. It does not affect your dealings with the court, and in particular it does not change the time at which you must answer the complaint. The summons is a command from the court, not from me, and you must follow its instructions even if you dispute the validity or amount of the debt. The advice in this portion of the document also does not affect my relations with the court. As a lawyer, | may file papers in the suit according to the court's rules and the judge's instructions. Unless you, within thirty days after receipt of this notice, dispute the validity of the debt, or any portion of it, the debt will be assumed to be valid by us. If you notify us in writing within the thirty-day period that the debt, or any portion thereof, is disputed, we will obtain verification of the debt and mail a copy of such verification to you. Upon your written request within the thirty-day period, we will provide you with the name and address of the original creditor, if different from the current creditor. The law does not require us to wait until the end of the thirty-day period following first contact with you before suing you to collect the debt. Even though the law provides that your answer to the Complaint may be required to be served in some cases in less than thirty days, no request will be made to the Court for a judgment until, at least, the expiration of thirty days after your receipt of this summons. However, if you dispute the debt or request the name and address of the original creditor within the thirty-day period that begins with your receipt of this summons, and in the manner stated above, the law Tequires us to cease efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. Nevertheless, this dispute or request may not constitute an Answer under law. You should consult an attorney for advice concerning your rights and obligations in this suit. Note- because of interest or other charges that may vary from day to day, the amount due on the day you pay may be greater. If you pay the amount shown in the Complaint, an adjustment may be necessary after we receive the payment, in which event we will inform you. For further information, please contact this office. 20f 4 STATE OF NEW YORK COUNTY OF NIAGARA : NIAGARA COUNTY SUPREME COURT CONSUMER CREDIT TRANSACTION LOCKPORT SCHOOLS FEDERAL CREDIT UNION, Plaintiff, COMPLAINT VS. Index No. DEBORAH AVK/A DEBBIE HUTTENMAIER, Defendant(s). ASSIGNED JUDGE: Hon. Plaintiff, by Plaintiffs attorneys, CHIARI & ILECKI, LLP, complaining of the Defendant(s), herein alleges: FIRST CAUSE OF ACTION FIRST COUNT 4 Plaintiff is a(n) federally chartered credit union. 2 Defendant(s). owe Plaintiff the sum of $963.36, together with interest-at 9.00% per annum from November 9, 2015, for money lent by Plaintiff to Defendant(s) for which the Defendant(s) have failed to repay and remain liable pursuant to their agreement with the Plaintiff on or about March 18, 2009. SECOND COUNT 3. That an account was taken and stated via invoices/statements forwarded from the Plaintiff to Defendant(s) which showed a balance due and owing by said Defendant(s) to the Plaintiff. 4 Said Defendant(s) received and retained said invoices/statements without objection. WHEREFORE, Plaintiff demands judgment against Defendant(s) as follows: 3 0f 4 a for the sum of $963.36, together with interest at 9.00% per annum from November 9, 2015 ($90.03 to date, plus any future .interest due to date of Judgment); and b. for the costs and disbursements of this action, and for such further relief as this court deems proper. DATED: November 22, 2016 Buffalo, New York . WILLIAM IL! ECR / CHIARI & ILECKI, LLP Attorney(s) for Plaintiff 14 LAFAYETTE SQ STE 1440 BUFFALO, NY 14203 Phone: (716) 838-4300 Fax: (716) 204-9728 Our file number- 201605250 4 of 4