Preview
FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023
SÙPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION
COUNTY OF WARREN Our File No. RC26895
Court Index No.
LVNV FUNDING LLC Date Purchased:
SUMMONS
Plaintiff's address:
Plaintiff 55 Beattie Place, Suite 110
-against- SC 29601
Greenville,
111111111111111111111111
Jennifer R Lindsley
II11111111111111111
Defendant (s)
lillIIIIIIAllHIHIIllilllAIIll
IlillAINAIll
The basis of venue is:
The defendant(s) reside in the State of New York, County of WARREN
To the above named defendant (s):
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED
to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the
address indicated below within 20 days after service of this Summons (not counting the date of service
itself), or within 30 days after service is complete if the Summons is not delivered personally to you within
the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by
default for the relief demanded in the complaint.
Dated: June 13, 2023
KIRSCHENBAUM & PHILLIPS, P.C.
Attorneys for Plaintiff
BY:
CHRISTINA BRUDERMAN
40 Daniel Street, Suite 7
P.O. Box 9000
Farmingdale, NY 11735-9000
1-866-746-1144
Defendant (s) Address:
232 Rollies Rd Warrensburg NY 12885-4740
WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
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FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023
SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC26895
COUNTY OF WARREN
LVNV FUNDING LLC
Court Index No.
Plaintiff
-against-
COMPLAINT
Jennifer R Lindsley
Defendant (s) **********5641
Plaintiff, by its attomeys, complaining of the defendant(s), respectfully alleges:
1. Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City Department
of Consumer Affairs, license number 1326179.
2. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s) transacted
business within the county in which this action is brought in person or through an agent and that the instant cause of
action arose out of said transaction.
3. On information and belief the causes of action asserted herein are not outside the applicable statute of
limitations. The date of default on this account was March 20, 2021.
4. Plaintiff is the purchaser of this account and is authorized to proceed with this action. The original account
number creating the indebtedness ended in **********5641. The date on which the balance herein became due was
September 13, 2021 and the Chain of Title, with the date of each sale or assignment of the account, is as follows:
Navy Federal Credit Union October 18, 2022 $6,007.11
Resurgent Acquisitions LLC October 18, 2022 $6,007.11
LVNV Funding LLC October 18, 2022 $6,007.11
5. Plaintif f is the holder of a promissory instrument under account number ending -5641 and was opened
at the defendant('s') specific instance and request. This document, evidencing defendant('s') promise to pay, was
entered into with plaintiff's predecessor in interest, Navy Federal Credit Unionand is annexed hereto.
6. The defendant(s) last payment on the instant account was received on or about September 13, 2021 in the
amount of $5.00.
7. The account balance printed on the most recent monthly statement recording a purchase transaction, last
payment or balance transfer was $6,007.11.
8. The defendant has breached the terms of said promissory instrument, resulting in a balance due and owing to
the plaintiff in the amount of $6,002.11, broken down as follows;
(i) principal due $5,784.53
(ii) finance charge or charges $0.00
(iii) fees imposed by original creditor $0.00
(iv) collection costs $0.00
(v) attomeys fees $0.00
(vi) interest $222.58
(vii) any other fees/charges $0.00
(viii) payments/credits since charge off $ 5.00
9. The Defendant(s) is/are liable to the plaintiff for the amounts set forth herein as a result of their breach of
the agreement.
WHEREFORE, plaintiff demands judgment against the defendant(s) for the sum of $6,002.11 with interest from
September 13, 2021, together with costs and disbursements.
June 13, 2023 KIRSCHENBAUM & PHILLIPS, P.C.
Attomeys for Plaintiff
40 Daniel Street, Suite 7
CHRISTINA BRUDERMAN
P.O. Box 9000
Farmingdale, NY 11735-9000
1-866-746-1144
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FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023
SUPREME, COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF WARREN Our File No. RC26895
X
LVNV FUNDING LLC
Plaintiff,
-against-
Jennifer R Lindsley
Defendant(s),
X
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been
commenced by filing of the accompanying documents with the County Clerk via the NewYork State Courts Electronic Filing System
("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This
notice is being served as required by Subdivision (b) (3) of that Section.
Counsel and/or parties
either must
1) immediately record their representation within the e-filed matter on the
Consent/Represent page or 2) file the Notice of Opt-Out
in NYSCEF; form to claim one of the limited exemptions from mandatory
e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings.
Claiming an exemption will require the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a
user ID and password. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF
website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile(4nycourts.gov;
mailing address: 60 Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) attomeys who certify in good faith that they lack the computer hardware and/or scanner and/or intemet connection or
that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing
requirements; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged
to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.)
Date: June 13, 2023
Jennifer R Lindsley CHRISTINA BRUDERMAN
KIRSCHENBAUM & PHILLIPS, P.C.
232 Rollies Rd 40 Daniel Street, Suite7
Warrensburg NY 12885-4740 P.O. Box 9000
Farmingdale, NY 11735
Telephone 1-866-746-1144
efile@collectlaw.com
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023
Member's Copy
ePromissory Note, Security Agreement, and Disclosure
This document includes a Promissory Note, a SecUrityAgreement, and a Truth-in-Lending Disclosure. Pleaseread everything carefully.
There are additional terms and conditons on the following page(s).You are bound by those terrns and conditions as welt as those on
this page. Navy Federal CredRUnion is identNiedin this document as "Navy Federal," and the Applicant (Member)will be identified as
"Applicant."
Do not alter this document. Notify us if a change is necessary. Verify all completed spaces.
Applicant's Name and Address 35510
Date
09/20/2018
LoanNo.
556-41
Jennifer
R Lindsley
PO BOX 244
POTTERSVILLE, NY. 12860-0244
ofLoan
Purpose
USED VEHICLE
Check/Draft-Office
UseOnly
2553
OldLoanBalance(s)
(if any) InterestandOtherFeesonOldLoanBalance(s) Cashto Applicant AmountFinanced
$ 3,728.12 t $ 9.29 t $ 12,893.15 = $ 16,630.56
Truth-in-Lending Disclosure
Annual Percentage Rate 5.89 % Finance Charge S 3,243.96
Thecostof yourcreditas a yearlyrate Thedollaramountthe creditwillcostyou
AmountFinanced$ 16,630.56 Totalof Payments$ 19,874.52
Theamountof creditprovidedto youonyourbehalf Theamountyouwillhavepaidafteryou havemadeallpayments
YourPaymentSchedulewillbe: as sched led
Number of Payments Amount of Payments When Payments Are Due
71 $ 276.04 Monthly, Beginning 11/19/2018
1 $ 275.68 FinalPayment 10/19/2024
Security: You are pledging a security interest in the collateral described below:
Make and Year Collateral Description Serial Number
2010 HONDA PILOT-V6 020E
Other: Shares and div@dendsin accordance with Section 107(11) of the Federal Credit Union Act
Prepayment: If you pay off your loan early,ycu will not haveto pay a penalty.You must pay all accrued unpaid interestand other chargesand fees
due beforea payment is appliedto the loan's pnncipalbalance.
Late Payment: You will be chargeda $29.OOlatefee for every month in which any amount due is not receivedby the paymentdue date.
See the PromissoryNote and Agreementfor informationconcerning nonpaymentand default.
Retumed Loan Payment Fee: You will be charged a $29.00 fee Nyour payment is returnedunpaid.
I certify that all informationprovided by me Is true and complete(Section1014,Title 18, U.S.Code makesit a federalcrimeto knowinglymakea false statementor
reportinthe appication for the purposeof influencinga FederalCreditUnion),and I agreeto the conditionsset forth on the nextpage.
Submit"
By typing ycur nameand clicking on the "Acceptand button, you arecreatinganelectronicsignatureand denveringyour signed ePromissoryNote.Fromthat
point on, the ePromissoryNotewill show yourtyped namewheneverit is displayed.If you choosenot to submitthe ePromissoryNote,you can click on the "I Decline
to Sign Electronically" button.Please Note: Yourelectronicsignatureis not effectiveuntil you click on the "Acceptand Submit" button andthe ePromissoryNote is
delivered.Oncesubmitted,yourelectronicsignaturewill bejust as enforceableas a handwrittensignature.
By electronicallysigning,you expresslyagreethat this ePromissoryNote is a transferablerecord and that Navy Federalmay, at our option, convertthis ePromissory
Noteandyourelectronicsignatureinto a paperoriginal Youfurtheragreeto bebound by your signaturewhetherit remainsin electronicform or is reducedto paper.
Submit," I understandand agree to be bound
By clicking "Accept and by the terms and conditions set forth in the ePromissoryNote, SecurityAgreement,and
Disclosure,and Truth-in-LendingDisclosure.
Applicant (Member} º Jennifer R Lindsley electronically signed on 2018-09-20 at 10:51 (Seal)
Notice: See the following page(s) for additional disclosures and Security Agreement.
Pursuant
toyourstate's
enactment
of eithertheUniformElectronic
TransactionsAct.theElectronicCommerceSecurityActM..),theWashington
Eilectronic
Authentication
Act,or the
Electronic
Signatures
andRecords
Act (NY),theelectronicsignature in accordance
is bindingandenforceable withstatelawandmaynotbedeniedlegaleffect
© 2017NavyFederalNFCU23E(4-17)
.
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FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023
Member's Copy
Promise to Pay ''The - Applicant(s)"
jointry and severally, waiving rights of demand and notce, hereby promise(s) to pay to the order of Navy Federal
the amount shown in the Truth-in-Lending Disclosureon the reverse, with interest on the unpaid bajance at the Annual Percentage Rate (APR) as shown
in the payment schedule. Interest is charged on a daily basis from the date of the Promissory Note. APR does not reflect the effect of deposits required to
securetNs loan.
Consumer Credit Report - I authorize and understand Navy Federal may obtain a consumer credit report to conskjer me for other products and services
with Navy Federal.
Agreement Acknowledgment -Applicant acknowledges receipt of a competed copy of this instrument and Disclosurestatement prior to consummation of
this loan. This agreement is entered into and shall be governed in all respects by federal aw and, when necessary,the laws of the State of Virginia.
Statutory Uen - I acknowledge and pledge to Navy Federala statutory lien in my shares and dividends on deposit In all joint and individualaccounts and any
monies held by Navy Federal now and in the future, to the extent of the loan made and any charges payable. The statutory lien does not apply to shares in any
IndividualRetirementAccount.
I acknowledge and pledge to Navy Federal a security interest in the collateral securing Foan(s)that I have with Navy Federal now and in the future, including
any type of change or increase,and any proceeds from the sale of such collateraland of insurance thereon, not to exceed the unpaid balance of the loan. This
securdy interest in collateral securing other loans does not apply to any loan(s)on my primary residence.
Trust Account - If this loan is made to a trust with a Navy FederalTrust Account number, each person signing the note is jointy and severaHyliable for the
loan. When the trust is revocable, all trustee(s)and naturalperson applicant(s)must sign the note and will be jointly and severally liable for the loan.
Navy Federal Agreement
Navy Federalpays the total cash amount of the loan to the Applicant or to the Applicant's account in another institutiondeskjnated by the Applicant, and has no
financialties w th, or nght of recourse against, the sellerof the property from which an Applicant purchasesand financeswith Navy Federal.
Guaranteed Asset Protection is voluntary and is not required in order to obtain credit. You have the right to cancel at any time for any reason. Referto the
Guaranteed Asset Protecton Agreement and Disck)surefor a full explanation of the terms and conditions of the program. Guaranteed Asset Protection is only
availabb for new and used vehicles.
Security Agreement
The owner(s) of the collateral warrant(s)that he/she is the owner of the colbteral listed on the front; that there are no other liens or claims against the collateral;
and that as the owner(s), he/she has the right to make this agreement. If the collateraldescribed on the front is to be purchased with the proceeds of this loan,
Applicant warrants the proceeds will not be used for any other purpose. If the collateral listed on the front is a boat or recreational vehicle, the
owner(s) expressly agree(s), represent(s), and warrant(s) that it is and/or will be used for recreational purposes only.
The owner(s) will appoint Navy Federal as owner(s)' attorney-in-fact with limited authority to take such steps and accomplish such acts as Navy Federal
may deem necessary to perfect and continue the perfection of the security interest created by this Security Agreement and to protect the collateral. The
owner(s) will defend the collateral against claims and demands of other persons and will not permit any other iens to the attached collateral. The owner(s)
will also keep the collateral in good condition and will not knowinghf permit any action to impair its present value. The owner(s) will obtain written consent of
owner(s)'
Navy Federal prior to disposing of collateral. The owner(s) will: (1) maintain property insurance (from an insurer of choice) on the collateral
covered by this Security Agreement against loss and damage with a collision deductible of no more than $500; (2) assign to Navy Federal the right
to receive the proceeds of insurance, not to exceed the unpaid principal loan balance, interest, charges, and fees owed should the collateral be lost
or damaged; and (3) provide satisfactory proof that the required coverage remains in effect. Failure to comply with this may result in converting this
loan's annual percentage rate to Navy FederaFs prevailing rate for signature loans. We may also "force place" insurance at the Applicant's expense
in the event that the Applicant/owner(s) fail(s) to comply with the insurance requirement. Any force-placed insurance will cover the loan's principal
balance only and will not cover any personal belongings. As promptly as possible and no later than three months, the Applicant/owner(s) will delNer
to Navy Federal a Certificate of Title or other proof of ownership reflecting Navy Federal as the first lien holder, The Certificate of Title must also
show the individual Applicant/owner(s) as the registered owner(s) of the collateral. Failure to comply with this request can result in Navy Federal
converting this loan's annual percentage rate to Navy Federal's prevailing unsecured personal loan rate and can increase your monthly payment.
If Navy Federal exercises Its right to file for the lien-recorded title, filing fees will appear as a debit on the Applicant's savings account.
Default Agreement
The occurrence of any of the following shall constitute default: failureto rnake payments as specified; violationof any Applicant warranty given in this agreement;
failure to perform in accordance with this agreernent; discovery that any warranty or statement of Applicant made in connection with this transaction is
incorrect in any material respect: use of the collateral in any manner prohibited by law; limitation on the collateral by being attached, levied upon, seized in
any proceeding, or heki by virtue of any lien, distress, or order; fadureto adequately insure and properly register the collateral; suspension or revocation of
registration certificate or Applicant's operating license; death, insolvency, business failure, or entry of a discharge in bankruptcy or receivershipby or against
the Applicant, Co-applicant/Guarantor, or Owner of CoKateral(other than Applicant) of any property of either. Navy Federal or its agent has the nght to take
possession of the collateralwithout prior notice to the Applicant upon default.
Any default by Applicant under any of the terms or provisions of any other agreement between Applicant and Navy Federal, whether existing now or in the
future, shall constitute a default under all agreements. Under default, the balance due under this note, plus any interest, charges, and fees, shall become
immediately payable without further notice to the Applicant at the option of Navy Federal. Nthe amount due is not paid immediately, Navy Federal shall have
the right to take such action as is avaibbb to it under the law. Such action may include taking possession of all stated collateral and sell, or otherwise dispose
of the same, or any part thereof, at public or private sale upon such terms as Navy Federal may elect, and apply the proceeds receivedfrom such a sale to the
amounts owed. Applicant will be tiableto Navy Federalfor any deficiency to the extent permitted by law. Inthe event of defaut, all reasonablecosts of collection,
including but not limited to court costs, expenses, and reasonable attomey's fees, will be paid by the Applicant. Navy Federal may also revoke any and all
membership privibges previouslyextended to the Applicant (exceptthe rkjht to vote and to maintaina savings account) wthout prior notice to the Applicant.
The waiver by Navy Federalof any defaut by the Appkant shall not be a waker of any subsequent default.
If Applicant is in default, Navy Federal may obtain any information it deems necessary to cure or collect said default, including Applicant's current contact
information,as permitted by law. Contact to an Applicant's employer will be limted to obtaining current contact information.
The obligation of the Applicant to Navy Federalto repay that portion of this loan not covered by voluntary Guaranteed Asset Protection shall continue on to the
Co-applicant/Guarantor's and the Applicant's heirs or estate.
You agreethat if you do not make payments on your account in accordance with this agreement, you will accept calls from Navy Federalregarding your account
at any telephone number provided by you (including celkjlar telephones).In addition, we may use pre-recorded voice messages or automatic dialing devices to
"unsolicited"
contact you at any telephone number associatedwth your account, You agree such callswill not be callsfor the purpose of state and federal laws.
Military Annual Percentage Rate Statement
The following statement applies to covered borrowers (Active Duty servicemembersand their dependents) under the Military Landing Act: Federallaw provides
important protections to members of the Armed Forces and their dependents rebting to extensions of consumer credit. In general, the cost of consumer credit
to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to
the credit transaction or account: The costs associated with credit insurancepremiums; fees for ancillary products sold in connection with the credit transaction;
any applk:ation fee charged (other than certain application fees for specified credit transactions or accounts); and any pardcipation fee charged (other than
certain participationfees for a credit card account). If you would liketo hear this message orally, please call 1-800-667-9596.
Pursuant
toyourstate's
enactment Transactions
of eithertheUniformElectronic Commerce
Act.theElectronic SecurityActdLL theWashington
ElectronicAuthentication
Act,or the
Electronic
Signatures
andRecordsAct(NYLtheclectronicsignature in accordance
is bindingandenforceable withstatelawandmaynotbedeniedlegaleffect.
© 2017NavyFederalNFGU23E(4-17)
5 of 6
FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023
Member's Copy
Date and Time Signer Action Document IP Product Description
2018-09-20 ;457 App Started USED VEHICLE
10:20:41
2018-09-20 Booked USED VEMCLE
10:43:42
2018-09-20 .5457 Accessed Application USED VEHICLE
10:50:53
2018-09-20 :5457 Accepted ESIGN Consent USED VEHICLE
10:51:08
201849-20 :5457 Electronically Signed USED VENCLE
10:51:45 Document
Pursuant
toyourstate'senactment
of eithertheUniformElectronic
Transactions Commerce
Act.theElectronic SecurityAct(IL), theWashington
ElectronicAuthentication
Act,or the
Electronic
Signatures
andRecordsAct(NY),theclectronicsignature
is bindingandenforceable withstatelawandmaynotbedeniedlegaleffect.
inaccordance
© 2017NavyFederalNFCU23E(4-17)
6 of 6
Preview
FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023 SÙPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION COUNTY OF WARREN Our File No. RC26895 Court Index No. LVNV FUNDING LLC Date Purchased: SUMMONS Plaintiff's address: Plaintiff 55 Beattie Place, Suite 110 -against- SC 29601 Greenville, 111111111111111111111111 Jennifer R Lindsley II11111111111111111 Defendant (s) lillIIIIIIAllHIHIIllilllAIIll IlillAINAIll The basis of venue is: The defendant(s) reside in the State of New York, County of WARREN To the above named defendant (s): PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the address indicated below within 20 days after service of this Summons (not counting the date of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Dated: June 13, 2023 KIRSCHENBAUM & PHILLIPS, P.C. Attorneys for Plaintiff BY: CHRISTINA BRUDERMAN 40 Daniel Street, Suite 7 P.O. Box 9000 Farmingdale, NY 11735-9000 1-866-746-1144 Defendant (s) Address: 232 Rollies Rd Warrensburg NY 12885-4740 WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 6 FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023 SUPREME COURT OF THE STATE OF NEW YORK Our File No. RC26895 COUNTY OF WARREN LVNV FUNDING LLC Court Index No. Plaintiff -against- COMPLAINT Jennifer R Lindsley Defendant (s) **********5641 Plaintiff, by its attomeys, complaining of the defendant(s), respectfully alleges: 1. Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City Department of Consumer Affairs, license number 1326179. 2. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s) transacted business within the county in which this action is brought in person or through an agent and that the instant cause of action arose out of said transaction. 3. On information and belief the causes of action asserted herein are not outside the applicable statute of limitations. The date of default on this account was March 20, 2021. 4. Plaintiff is the purchaser of this account and is authorized to proceed with this action. The original account number creating the indebtedness ended in **********5641. The date on which the balance herein became due was September 13, 2021 and the Chain of Title, with the date of each sale or assignment of the account, is as follows: Navy Federal Credit Union October 18, 2022 $6,007.11 Resurgent Acquisitions LLC October 18, 2022 $6,007.11 LVNV Funding LLC October 18, 2022 $6,007.11 5. Plaintif f is the holder of a promissory instrument under account number ending -5641 and was opened at the defendant('s') specific instance and request. This document, evidencing defendant('s') promise to pay, was entered into with plaintiff's predecessor in interest, Navy Federal Credit Unionand is annexed hereto. 6. The defendant(s) last payment on the instant account was received on or about September 13, 2021 in the amount of $5.00. 7. The account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer was $6,007.11. 8. The defendant has breached the terms of said promissory instrument, resulting in a balance due and owing to the plaintiff in the amount of $6,002.11, broken down as follows; (i) principal due $5,784.53 (ii) finance charge or charges $0.00 (iii) fees imposed by original creditor $0.00 (iv) collection costs $0.00 (v) attomeys fees $0.00 (vi) interest $222.58 (vii) any other fees/charges $0.00 (viii) payments/credits since charge off $ 5.00 9. The Defendant(s) is/are liable to the plaintiff for the amounts set forth herein as a result of their breach of the agreement. WHEREFORE, plaintiff demands judgment against the defendant(s) for the sum of $6,002.11 with interest from September 13, 2021, together with costs and disbursements. June 13, 2023 KIRSCHENBAUM & PHILLIPS, P.C. Attomeys for Plaintiff 40 Daniel Street, Suite 7 CHRISTINA BRUDERMAN P.O. Box 9000 Farmingdale, NY 11735-9000 1-866-746-1144 2 of 6 FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023 SUPREME, COURT OF THE STATE OF NEW YORK Index No. COUNTY OF WARREN Our File No. RC26895 X LVNV FUNDING LLC Plaintiff, -against- Jennifer R Lindsley Defendant(s), X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk via the NewYork State Courts Electronic Filing System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. Counsel and/or parties either must 1) immediately record their representation within the e-filed matter on the Consent/Represent page or 2) file the Notice of Opt-Out in NYSCEF; form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a user ID and password. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile(4nycourts.gov; mailing address: 60 Centre Street, New York, New York 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) attomeys who certify in good faith that they lack the computer hardware and/or scanner and/or intemet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements; and 2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.) Date: June 13, 2023 Jennifer R Lindsley CHRISTINA BRUDERMAN KIRSCHENBAUM & PHILLIPS, P.C. 232 Rollies Rd 40 Daniel Street, Suite7 Warrensburg NY 12885-4740 P.O. Box 9000 Farmingdale, NY 11735 Telephone 1-866-746-1144 efile@collectlaw.com 3 of 6 FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023 Member's Copy ePromissory Note, Security Agreement, and Disclosure This document includes a Promissory Note, a SecUrityAgreement, and a Truth-in-Lending Disclosure. Pleaseread everything carefully. There are additional terms and conditons on the following page(s).You are bound by those terrns and conditions as welt as those on this page. Navy Federal CredRUnion is identNiedin this document as "Navy Federal," and the Applicant (Member)will be identified as "Applicant." Do not alter this document. Notify us if a change is necessary. Verify all completed spaces. Applicant's Name and Address 35510 Date 09/20/2018 LoanNo. 556-41 Jennifer R Lindsley PO BOX 244 POTTERSVILLE, NY. 12860-0244 ofLoan Purpose USED VEHICLE Check/Draft-Office UseOnly 2553 OldLoanBalance(s) (if any) InterestandOtherFeesonOldLoanBalance(s) Cashto Applicant AmountFinanced $ 3,728.12 t $ 9.29 t $ 12,893.15 = $ 16,630.56 Truth-in-Lending Disclosure Annual Percentage Rate 5.89 % Finance Charge S 3,243.96 Thecostof yourcreditas a yearlyrate Thedollaramountthe creditwillcostyou AmountFinanced$ 16,630.56 Totalof Payments$ 19,874.52 Theamountof creditprovidedto youonyourbehalf Theamountyouwillhavepaidafteryou havemadeallpayments YourPaymentSchedulewillbe: as sched led Number of Payments Amount of Payments When Payments Are Due 71 $ 276.04 Monthly, Beginning 11/19/2018 1 $ 275.68 FinalPayment 10/19/2024 Security: You are pledging a security interest in the collateral described below: Make and Year Collateral Description Serial Number 2010 HONDA PILOT-V6 020E Other: Shares and div@dendsin accordance with Section 107(11) of the Federal Credit Union Act Prepayment: If you pay off your loan early,ycu will not haveto pay a penalty.You must pay all accrued unpaid interestand other chargesand fees due beforea payment is appliedto the loan's pnncipalbalance. Late Payment: You will be chargeda $29.OOlatefee for every month in which any amount due is not receivedby the paymentdue date. See the PromissoryNote and Agreementfor informationconcerning nonpaymentand default. Retumed Loan Payment Fee: You will be charged a $29.00 fee Nyour payment is returnedunpaid. I certify that all informationprovided by me Is true and complete(Section1014,Title 18, U.S.Code makesit a federalcrimeto knowinglymakea false statementor reportinthe appication for the purposeof influencinga FederalCreditUnion),and I agreeto the conditionsset forth on the nextpage. Submit" By typing ycur nameand clicking on the "Acceptand button, you arecreatinganelectronicsignatureand denveringyour signed ePromissoryNote.Fromthat point on, the ePromissoryNotewill show yourtyped namewheneverit is displayed.If you choosenot to submitthe ePromissoryNote,you can click on the "I Decline to Sign Electronically" button.Please Note: Yourelectronicsignatureis not effectiveuntil you click on the "Acceptand Submit" button andthe ePromissoryNote is delivered.Oncesubmitted,yourelectronicsignaturewill bejust as enforceableas a handwrittensignature. By electronicallysigning,you expresslyagreethat this ePromissoryNote is a transferablerecord and that Navy Federalmay, at our option, convertthis ePromissory Noteandyourelectronicsignatureinto a paperoriginal Youfurtheragreeto bebound by your signaturewhetherit remainsin electronicform or is reducedto paper. Submit," I understandand agree to be bound By clicking "Accept and by the terms and conditions set forth in the ePromissoryNote, SecurityAgreement,and Disclosure,and Truth-in-LendingDisclosure. Applicant (Member} º Jennifer R Lindsley electronically signed on 2018-09-20 at 10:51 (Seal) Notice: See the following page(s) for additional disclosures and Security Agreement. Pursuant toyourstate's enactment of eithertheUniformElectronic TransactionsAct.theElectronicCommerceSecurityActM..),theWashington Eilectronic Authentication Act,or the Electronic Signatures andRecords Act (NY),theelectronicsignature in accordance is bindingandenforceable withstatelawandmaynotbedeniedlegaleffect © 2017NavyFederalNFCU23E(4-17) . 4 of 6 FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023 Member's Copy Promise to Pay ''The - Applicant(s)" jointry and severally, waiving rights of demand and notce, hereby promise(s) to pay to the order of Navy Federal the amount shown in the Truth-in-Lending Disclosureon the reverse, with interest on the unpaid bajance at the Annual Percentage Rate (APR) as shown in the payment schedule. Interest is charged on a daily basis from the date of the Promissory Note. APR does not reflect the effect of deposits required to securetNs loan. Consumer Credit Report - I authorize and understand Navy Federal may obtain a consumer credit report to conskjer me for other products and services with Navy Federal. Agreement Acknowledgment -Applicant acknowledges receipt of a competed copy of this instrument and Disclosurestatement prior to consummation of this loan. This agreement is entered into and shall be governed in all respects by federal aw and, when necessary,the laws of the State of Virginia. Statutory Uen - I acknowledge and pledge to Navy Federala statutory lien in my shares and dividends on deposit In all joint and individualaccounts and any monies held by Navy Federal now and in the future, to the extent of the loan made and any charges payable. The statutory lien does not apply to shares in any IndividualRetirementAccount. I acknowledge and pledge to Navy Federal a security interest in the collateral securing Foan(s)that I have with Navy Federal now and in the future, including any type of change or increase,and any proceeds from the sale of such collateraland of insurance thereon, not to exceed the unpaid balance of the loan. This securdy interest in collateral securing other loans does not apply to any loan(s)on my primary residence. Trust Account - If this loan is made to a trust with a Navy FederalTrust Account number, each person signing the note is jointy and severaHyliable for the loan. When the trust is revocable, all trustee(s)and naturalperson applicant(s)must sign the note and will be jointly and severally liable for the loan. Navy Federal Agreement Navy Federalpays the total cash amount of the loan to the Applicant or to the Applicant's account in another institutiondeskjnated by the Applicant, and has no financialties w th, or nght of recourse against, the sellerof the property from which an Applicant purchasesand financeswith Navy Federal. Guaranteed Asset Protection is voluntary and is not required in order to obtain credit. You have the right to cancel at any time for any reason. Referto the Guaranteed Asset Protecton Agreement and Disck)surefor a full explanation of the terms and conditions of the program. Guaranteed Asset Protection is only availabb for new and used vehicles. Security Agreement The owner(s) of the collateral warrant(s)that he/she is the owner of the colbteral listed on the front; that there are no other liens or claims against the collateral; and that as the owner(s), he/she has the right to make this agreement. If the collateraldescribed on the front is to be purchased with the proceeds of this loan, Applicant warrants the proceeds will not be used for any other purpose. If the collateral listed on the front is a boat or recreational vehicle, the owner(s) expressly agree(s), represent(s), and warrant(s) that it is and/or will be used for recreational purposes only. The owner(s) will appoint Navy Federal as owner(s)' attorney-in-fact with limited authority to take such steps and accomplish such acts as Navy Federal may deem necessary to perfect and continue the perfection of the security interest created by this Security Agreement and to protect the collateral. The owner(s) will defend the collateral against claims and demands of other persons and will not permit any other iens to the attached collateral. The owner(s) will also keep the collateral in good condition and will not knowinghf permit any action to impair its present value. The owner(s) will obtain written consent of owner(s)' Navy Federal prior to disposing of collateral. The owner(s) will: (1) maintain property insurance (from an insurer of choice) on the collateral covered by this Security Agreement against loss and damage with a collision deductible of no more than $500; (2) assign to Navy Federal the right to receive the proceeds of insurance, not to exceed the unpaid principal loan balance, interest, charges, and fees owed should the collateral be lost or damaged; and (3) provide satisfactory proof that the required coverage remains in effect. Failure to comply with this may result in converting this loan's annual percentage rate to Navy FederaFs prevailing rate for signature loans. We may also "force place" insurance at the Applicant's expense in the event that the Applicant/owner(s) fail(s) to comply with the insurance requirement. Any force-placed insurance will cover the loan's principal balance only and will not cover any personal belongings. As promptly as possible and no later than three months, the Applicant/owner(s) will delNer to Navy Federal a Certificate of Title or other proof of ownership reflecting Navy Federal as the first lien holder, The Certificate of Title must also show the individual Applicant/owner(s) as the registered owner(s) of the collateral. Failure to comply with this request can result in Navy Federal converting this loan's annual percentage rate to Navy Federal's prevailing unsecured personal loan rate and can increase your monthly payment. If Navy Federal exercises Its right to file for the lien-recorded title, filing fees will appear as a debit on the Applicant's savings account. Default Agreement The occurrence of any of the following shall constitute default: failureto rnake payments as specified; violationof any Applicant warranty given in this agreement; failure to perform in accordance with this agreernent; discovery that any warranty or statement of Applicant made in connection with this transaction is incorrect in any material respect: use of the collateral in any manner prohibited by law; limitation on the collateral by being attached, levied upon, seized in any proceeding, or heki by virtue of any lien, distress, or order; fadureto adequately insure and properly register the collateral; suspension or revocation of registration certificate or Applicant's operating license; death, insolvency, business failure, or entry of a discharge in bankruptcy or receivershipby or against the Applicant, Co-applicant/Guarantor, or Owner of CoKateral(other than Applicant) of any property of either. Navy Federal or its agent has the nght to take possession of the collateralwithout prior notice to the Applicant upon default. Any default by Applicant under any of the terms or provisions of any other agreement between Applicant and Navy Federal, whether existing now or in the future, shall constitute a default under all agreements. Under default, the balance due under this note, plus any interest, charges, and fees, shall become immediately payable without further notice to the Applicant at the option of Navy Federal. Nthe amount due is not paid immediately, Navy Federal shall have the right to take such action as is avaibbb to it under the law. Such action may include taking possession of all stated collateral and sell, or otherwise dispose of the same, or any part thereof, at public or private sale upon such terms as Navy Federal may elect, and apply the proceeds receivedfrom such a sale to the amounts owed. Applicant will be tiableto Navy Federalfor any deficiency to the extent permitted by law. Inthe event of defaut, all reasonablecosts of collection, including but not limited to court costs, expenses, and reasonable attomey's fees, will be paid by the Applicant. Navy Federal may also revoke any and all membership privibges previouslyextended to the Applicant (exceptthe rkjht to vote and to maintaina savings account) wthout prior notice to the Applicant. The waiver by Navy Federalof any defaut by the Appkant shall not be a waker of any subsequent default. If Applicant is in default, Navy Federal may obtain any information it deems necessary to cure or collect said default, including Applicant's current contact information,as permitted by law. Contact to an Applicant's employer will be limted to obtaining current contact information. The obligation of the Applicant to Navy Federalto repay that portion of this loan not covered by voluntary Guaranteed Asset Protection shall continue on to the Co-applicant/Guarantor's and the Applicant's heirs or estate. You agreethat if you do not make payments on your account in accordance with this agreement, you will accept calls from Navy Federalregarding your account at any telephone number provided by you (including celkjlar telephones).In addition, we may use pre-recorded voice messages or automatic dialing devices to "unsolicited" contact you at any telephone number associatedwth your account, You agree such callswill not be callsfor the purpose of state and federal laws. Military Annual Percentage Rate Statement The following statement applies to covered borrowers (Active Duty servicemembersand their dependents) under the Military Landing Act: Federallaw provides important protections to members of the Armed Forces and their dependents rebting to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurancepremiums; fees for ancillary products sold in connection with the credit transaction; any applk:ation fee charged (other than certain application fees for specified credit transactions or accounts); and any pardcipation fee charged (other than certain participationfees for a credit card account). If you would liketo hear this message orally, please call 1-800-667-9596. Pursuant toyourstate's enactment Transactions of eithertheUniformElectronic Commerce Act.theElectronic SecurityActdLL theWashington ElectronicAuthentication Act,or the Electronic Signatures andRecordsAct(NYLtheclectronicsignature in accordance is bindingandenforceable withstatelawandmaynotbedeniedlegaleffect. © 2017NavyFederalNFGU23E(4-17) 5 of 6 FILED: WARREN COUNTY CLERK 07/03/2023 10:30 AM INDEX NO. EF2023-71515 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/03/2023 Member's Copy Date and Time Signer Action Document IP Product Description 2018-09-20 ;457 App Started USED VEHICLE 10:20:41 2018-09-20 Booked USED VEMCLE 10:43:42 2018-09-20 .5457 Accessed Application USED VEHICLE 10:50:53 2018-09-20 :5457 Accepted ESIGN Consent USED VEHICLE 10:51:08 201849-20 :5457 Electronically Signed USED VENCLE 10:51:45 Document Pursuant toyourstate'senactment of eithertheUniformElectronic Transactions Commerce Act.theElectronic SecurityAct(IL), theWashington ElectronicAuthentication Act,or the Electronic Signatures andRecordsAct(NY),theclectronicsignature is bindingandenforceable withstatelawandmaynotbedeniedlegaleffect. inaccordance © 2017NavyFederalNFCU23E(4-17) 6 of 6