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INDEX NO. E2021010112
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/10/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3489560
Book Page CIVIL
Return To: No. Pages: 4
MICHAEL JAMES FLORIO
Instrument: AFFIRMATION
Control #: 202307101188
Index #: E2021010112
Date: 07/10/2023
JEFFERSON CAPITAL SYSTEMS, LLC Time: 2:09:30 PM
MALDONADO, BERNADETTE
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MTNA
lof 4
OUN kK DIV INDE& MOE 2621020002)
112
MONRO 106
NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 07/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
- wo ------~-------=== -- +--+ Index No. B2021010112
JEFFERSON CAPITAL SYSTEMS, LLC
Plaintiff,
-against- AFFIRMATION
BERNADETTE MALDONADO
Defendant. F&G File No. FZEM1180558
---------- + eee. xX
Edward J. Damsky, Esq., an attorney duly admitted to practice
iaw in the Courts of the State of New York, hereby affirms the
following to be true, pursuant to CPLR §2106, and under the penalties
of perjury states as follows:
1 I am an associate attorney with Forster & Garbus, LLP,
attorneys of record for Jefferson Capital Systems, LLC (hereinafter
"Plaintiff")
and as such am fully familiar with the facts and
circumstances had herein by review of the files and records kept in
this office with respect to this action and review of all documents of
Plaintiff submitted to this office in connection with this claim.
2 This affirmation is submitted in support of Plaintiff's
application for the entry of judgment based upon the failure of
Bernadette Maldonado {hereinafter "Defendant") to make payments as set
forth in a settlement stipulation dated November 24, 2021.
3 This action was commenced by the filing of a Summons and
Complaint on November 8, 2021. Copies of the Summons, Complaint and
Affidavit of Service are annexed as Exhibit "A". Subsequent thereto,
the parties entered into a settiement stipulation wherein the
Defendant agreed to pay Plaintiff the sum of $2,142.20 by an initial
payment of $90.00 due on or before December 15, 2021; followed by
consecutive monthly payments of $90.00 due on or before the 15th day
of each and every month thereafter, until the settled amount is fully
paid.
20f 4
OUN kK DIV INDH€xNO E262192.0012) 112
MONRO 106
NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 07/10/2023
A copy of the settlement stipulation dated November 24, 2021 is
annexed as Exhibit up
4 Defendant made payments between January 7, 2022 and April 1,
2022, totaling $270.00. A payment history is annexed as Exhibit "Cc".
Defendant failed to make any further payments and is therefore in
cefault. Pursuant to paragraph five (5) of the settlement stipulation,
Plaintiff mailed a Notice of Default to Defendant. A copy of the Notice
of Default is annexed as Exhibit "D". More than ten (10) days have
elapsed since the mailing of the notice and no payment has been
received. Annexed hereto as Exhibit "E" is account documentation.
5. Thus, Plaintiff hereby seeks an Order granting judgment in
favor of Plaintiff against Defendant, pursuant to the terms of the
settlement stipulation, for the sum of $1,872.20 plus disbursements of
this action.
6 CPLR §2104 states in part that "an agreement between parties or
their attorneys relating to any matter in an action, other than one
made between counsel in open court, is not binding upon a party unless
it is in a writing subscribed by him or his attorney or reduced to the
form of an order and entered." Here, the fully executed settlement
stipulation lays out the terms of the agreement and is clearly meant
to be complete and definite. "Stipulations of settlement are favored
by the courts and not lightly cast aside...[o]nly where there is cause
sufficient to invalidate a contract, such as fraud, collusion, mistake
or accident, will a party be relieved" from the terms of the
agreement. Hallock v. State of New York, 64 N.Y.2d 224, 239 (1984).
There has been no claim of fraud, collusion, mistake or accident
herein.
7 Upon information and belief, Defendant is not on active duty
status in any branch of the United States military. A non-military
affirmation is annexed as Exhibit "F".
3 0f 4
OUN kK DIV INDH€xNO E262192.0012) 112
MONRO 106
NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 07/10/2023
8 If Judgment is awarded by the court, post judgment interest will
accrue at 2% per annum.
9 Plaintiff has made no pricr application for the relief sought
herein.
WHEREFORE, Plaintiff requests that this Court issue an Order
directing the Clerk of the Court to enter judgment in favor of
Plaintiff and against Defendant in the sum of $1,872.20 together with
disbursements of this action, and fer such other and further relief as
this Court may deem just and proper.
Dated: Islandia, New York Y¥p
dune 29, 2023
|
0Bie ST
By: Edward
BAHUS,
Dams ky,
LLP
Esq
Attorneys or Plaintiff
2950 Expr eBsS Dr s, Suite 100
Islandia, 1749
(631) 39349400
(PLEASE NOTE THAT WE ARE REQUIRED, UNDER FEDERAL LAW, TO ADVISE YOU
THAT WE ARE DEBT COLLECTORS AND ANY INFORMATION WE OBTAIN WILL BE USED
IN ATTEMPTING TO COLLECT THIS DEBT. THIS IS A COMMUNICATION FROM A
DEBT COLLECTOR}
4 of 4
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INDEX NO. E2021010112 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/10/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3489560 Book Page CIVIL Return To: No. Pages: 4 MICHAEL JAMES FLORIO Instrument: AFFIRMATION Control #: 202307101188 Index #: E2021010112 Date: 07/10/2023 JEFFERSON CAPITAL SYSTEMS, LLC Time: 2:09:30 PM MALDONADO, BERNADETTE Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MTNA lof 4 OUN kK DIV INDE& MOE 2621020002) 112 MONRO 106 NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 07/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE - wo ------~-------=== -- +--+ Index No. B2021010112 JEFFERSON CAPITAL SYSTEMS, LLC Plaintiff, -against- AFFIRMATION BERNADETTE MALDONADO Defendant. F&G File No. FZEM1180558 ---------- + eee. xX Edward J. Damsky, Esq., an attorney duly admitted to practice iaw in the Courts of the State of New York, hereby affirms the following to be true, pursuant to CPLR §2106, and under the penalties of perjury states as follows: 1 I am an associate attorney with Forster & Garbus, LLP, attorneys of record for Jefferson Capital Systems, LLC (hereinafter "Plaintiff") and as such am fully familiar with the facts and circumstances had herein by review of the files and records kept in this office with respect to this action and review of all documents of Plaintiff submitted to this office in connection with this claim. 2 This affirmation is submitted in support of Plaintiff's application for the entry of judgment based upon the failure of Bernadette Maldonado {hereinafter "Defendant") to make payments as set forth in a settlement stipulation dated November 24, 2021. 3 This action was commenced by the filing of a Summons and Complaint on November 8, 2021. Copies of the Summons, Complaint and Affidavit of Service are annexed as Exhibit "A". Subsequent thereto, the parties entered into a settiement stipulation wherein the Defendant agreed to pay Plaintiff the sum of $2,142.20 by an initial payment of $90.00 due on or before December 15, 2021; followed by consecutive monthly payments of $90.00 due on or before the 15th day of each and every month thereafter, until the settled amount is fully paid. 20f 4 OUN kK DIV INDH€xNO E262192.0012) 112 MONRO 106 NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 07/10/2023 A copy of the settlement stipulation dated November 24, 2021 is annexed as Exhibit up 4 Defendant made payments between January 7, 2022 and April 1, 2022, totaling $270.00. A payment history is annexed as Exhibit "Cc". Defendant failed to make any further payments and is therefore in cefault. Pursuant to paragraph five (5) of the settlement stipulation, Plaintiff mailed a Notice of Default to Defendant. A copy of the Notice of Default is annexed as Exhibit "D". More than ten (10) days have elapsed since the mailing of the notice and no payment has been received. Annexed hereto as Exhibit "E" is account documentation. 5. Thus, Plaintiff hereby seeks an Order granting judgment in favor of Plaintiff against Defendant, pursuant to the terms of the settlement stipulation, for the sum of $1,872.20 plus disbursements of this action. 6 CPLR §2104 states in part that "an agreement between parties or their attorneys relating to any matter in an action, other than one made between counsel in open court, is not binding upon a party unless it is in a writing subscribed by him or his attorney or reduced to the form of an order and entered." Here, the fully executed settlement stipulation lays out the terms of the agreement and is clearly meant to be complete and definite. "Stipulations of settlement are favored by the courts and not lightly cast aside...[o]nly where there is cause sufficient to invalidate a contract, such as fraud, collusion, mistake or accident, will a party be relieved" from the terms of the agreement. Hallock v. State of New York, 64 N.Y.2d 224, 239 (1984). There has been no claim of fraud, collusion, mistake or accident herein. 7 Upon information and belief, Defendant is not on active duty status in any branch of the United States military. A non-military affirmation is annexed as Exhibit "F". 3 0f 4 OUN kK DIV INDH€xNO E262192.0012) 112 MONRO 106 NYSCEF BOC. NO. 7 RECEIVED NYSCEF: 07/10/2023 8 If Judgment is awarded by the court, post judgment interest will accrue at 2% per annum. 9 Plaintiff has made no pricr application for the relief sought herein. WHEREFORE, Plaintiff requests that this Court issue an Order directing the Clerk of the Court to enter judgment in favor of Plaintiff and against Defendant in the sum of $1,872.20 together with disbursements of this action, and fer such other and further relief as this Court may deem just and proper. Dated: Islandia, New York Y¥p dune 29, 2023 | 0Bie ST By: Edward BAHUS, Dams ky, LLP Esq Attorneys or Plaintiff 2950 Expr eBsS Dr s, Suite 100 Islandia, 1749 (631) 39349400 (PLEASE NOTE THAT WE ARE REQUIRED, UNDER FEDERAL LAW, TO ADVISE YOU THAT WE ARE DEBT COLLECTORS AND ANY INFORMATION WE OBTAIN WILL BE USED IN ATTEMPTING TO COLLECT THIS DEBT. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR} 4 of 4