Preview
FILED: MADISON COUNTY CLERK 02/22/2024 10:42 AM INDEX NO. EF2024-1168
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
STATE OF NEW YORK
SUPREME COURT
COUNTY OF MADISON
CLIENT AFFIDAVIT
AmeriCU Credit Union
Plaintiff, Index No.:
vs.
Damian A. Croyle
Defendant.
STATE OF NEW YORK)
COUNTY OF ONEIDA) SS:
Sc sqn ;O dhcmS , being duly sworn, deposes and says:
1. I am low )½it¾9ewn spa. for AmeriCU Credit Union ("Plaintiff"), the Plaintiff
in the above-captioned matter. I am fully familiar with this action based upon my review of
Plaintiff's books and records, which are and were made in the regular course of business, as well
as upon my own personal knowledge and investigation into this matter.
2. Among other financial transactions, Plaintiff provides financing for equipment to
individuals.
3. On or about December 1, 2016, Damian A. Croyle purchased a 2012 Jeep
Wrangler VIN #: IC4BJWCG8CL103249 (the "Collateral") by virtue of a Retail Installment
Contract, dated December 1, 2016 (the "Contract"). A copy of the Contract is appended
hereto as Exhibit "A".
4. Plaintiff perfected their lien interest in the Collateral. A copy of a report obtained
which sets forth Plaintiff as the lienholder and the associated Department of Motor Collateral
Lien Status is appended hereto as Exhibit "B".
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FILED: MADISON COUNTY CLERK 02/22/2024 10:42 AM INDEX NO. EF2024-1168
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
5, Defendant is currently in default for the payment due and owing as of March 31,
2021 for the 2012 Jeep Wrangler VIN #: IC4BJWCG8CL103249 and for each and every
payment thereafter. A copy of the pay history is appended hereto as Exhibit "C".
6. As September 27, 2022, the balance due under the Contract is $9,635.73, with
interest accruing at a rate of 4.25% per annum.
7. On or about April 26, 2016, Damian A. Croyle purchased a 2016 Moomba HIN #:
ISRMG0851416 and a 2016 Boatmate trailer VIN#: 5A7BB222GT001016 (the "Collateral")
by virtue of a Retail Installment Contract, dated April 26, 2016 (the "Contract"). A copy of
the Contract is appended hereto as Exhibit "D".
8. Upon information and belief, the lien paperwork was left to the Defendant to file and
complete with the Department of Motor Vehicles. It appears that Defendant filed ownership
paperwork, but the lien paperwork was never completed, which is why there is no evidence of a
Department of Motor Vehicle perfected lien.
9. Defendant is currently in default for the payment due and owing as of January 26,
2022 for the 2016 Moomba HIN #: ISRMG085I416 and a 2016 Boatmate trailer VIN#:
5A7BB222GT001016 and for each and every payment thereafter. A copy of the pay history is
appended hereto as Exhibit "E".
10. As September 27, 2022, the balance due under the Contract is $37,759.27, with
interest accruing at a rate of 7.25% per annum.
11. Upon information and belief, Defendant is in possession of the subject Collateral.
12. Plaintiff has attempted to peacefully recover possession of the Collateral or for
Defendant to remit payment. However, Defendant have yet to comply with Plaintiff's lawful
demands.
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FILED: MADISON COUNTY CLERK 02/22/2024 10:42 AM INDEX NO. EF2024-1168
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024
13. Specifically, Defendant has failed to respond to Plaintiff's requests for surrender or
payment. Additionally, the Collateral is locked in at the property located at 2797 State Route
12B, Hamilton, NY 13346 and Plaintiff is not able to obtain it,
14. Plaintiff has attempted to peacefully recover possession of the Collateral to no avail.
15. If an Order of Seizure is not granted, it is likely, based upon Defendant's conduct in
not allowing the repossession of the Collateral, that the Collateral will become unavailable for
seizure by reason of being transferred, concealed, disposed of, or removed from the state, or will
become substantially impaired in value. See CPLR Section 7102(c)(7).
16. Plaintiff has not applied for any other provisional remedies in this action.
17. No prior motion has been made for the relief sought herein.
18. There are no known defenses to this action.
WHEREFORE, Plaintiff respectfully demands the Court grant the following relief:
A. Granting Plaintiff an Order of Seizure directing the Sheriff of Madison County or
any County within the State of New York to take possession of the Collateral for
plaintiffs benefit, and
B. Issuing a Temporary Restraining Order prohibiting Defendant from selling or
otherwise disposing of the Collateral during the pendency of this action and
C. Ordering Damian A. Croyle to pay the full amount owed on the Loans to Plaintiff.
Name: >r t h½ cm5
Title: loss N Wy44-wn SpctM
Sworn to me on the
day of February, 2024.
Notary Public
REBECCA MARiE BARISH
Notary Public, State of New York
Reg. No. 01BA6394854 3
Qualified in Oneida County
Comrnission Expires 07/15/ j.7
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Preview
FILED: MADISON COUNTY CLERK 02/22/2024 10:42 AM INDEX NO. EF2024-1168 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF MADISON CLIENT AFFIDAVIT AmeriCU Credit Union Plaintiff, Index No.: vs. Damian A. Croyle Defendant. STATE OF NEW YORK) COUNTY OF ONEIDA) SS: Sc sqn ;O dhcmS , being duly sworn, deposes and says: 1. I am low )½it¾9ewn spa. for AmeriCU Credit Union ("Plaintiff"), the Plaintiff in the above-captioned matter. I am fully familiar with this action based upon my review of Plaintiff's books and records, which are and were made in the regular course of business, as well as upon my own personal knowledge and investigation into this matter. 2. Among other financial transactions, Plaintiff provides financing for equipment to individuals. 3. On or about December 1, 2016, Damian A. Croyle purchased a 2012 Jeep Wrangler VIN #: IC4BJWCG8CL103249 (the "Collateral") by virtue of a Retail Installment Contract, dated December 1, 2016 (the "Contract"). A copy of the Contract is appended hereto as Exhibit "A". 4. Plaintiff perfected their lien interest in the Collateral. A copy of a report obtained which sets forth Plaintiff as the lienholder and the associated Department of Motor Collateral Lien Status is appended hereto as Exhibit "B". 1 of 3 FILED: MADISON COUNTY CLERK 02/22/2024 10:42 AM INDEX NO. EF2024-1168 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 5, Defendant is currently in default for the payment due and owing as of March 31, 2021 for the 2012 Jeep Wrangler VIN #: IC4BJWCG8CL103249 and for each and every payment thereafter. A copy of the pay history is appended hereto as Exhibit "C". 6. As September 27, 2022, the balance due under the Contract is $9,635.73, with interest accruing at a rate of 4.25% per annum. 7. On or about April 26, 2016, Damian A. Croyle purchased a 2016 Moomba HIN #: ISRMG0851416 and a 2016 Boatmate trailer VIN#: 5A7BB222GT001016 (the "Collateral") by virtue of a Retail Installment Contract, dated April 26, 2016 (the "Contract"). A copy of the Contract is appended hereto as Exhibit "D". 8. Upon information and belief, the lien paperwork was left to the Defendant to file and complete with the Department of Motor Vehicles. It appears that Defendant filed ownership paperwork, but the lien paperwork was never completed, which is why there is no evidence of a Department of Motor Vehicle perfected lien. 9. Defendant is currently in default for the payment due and owing as of January 26, 2022 for the 2016 Moomba HIN #: ISRMG085I416 and a 2016 Boatmate trailer VIN#: 5A7BB222GT001016 and for each and every payment thereafter. A copy of the pay history is appended hereto as Exhibit "E". 10. As September 27, 2022, the balance due under the Contract is $37,759.27, with interest accruing at a rate of 7.25% per annum. 11. Upon information and belief, Defendant is in possession of the subject Collateral. 12. Plaintiff has attempted to peacefully recover possession of the Collateral or for Defendant to remit payment. However, Defendant have yet to comply with Plaintiff's lawful demands. 2 2 of 3 FILED: MADISON COUNTY CLERK 02/22/2024 10:42 AM INDEX NO. EF2024-1168 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 02/22/2024 13. Specifically, Defendant has failed to respond to Plaintiff's requests for surrender or payment. Additionally, the Collateral is locked in at the property located at 2797 State Route 12B, Hamilton, NY 13346 and Plaintiff is not able to obtain it, 14. Plaintiff has attempted to peacefully recover possession of the Collateral to no avail. 15. If an Order of Seizure is not granted, it is likely, based upon Defendant's conduct in not allowing the repossession of the Collateral, that the Collateral will become unavailable for seizure by reason of being transferred, concealed, disposed of, or removed from the state, or will become substantially impaired in value. See CPLR Section 7102(c)(7). 16. Plaintiff has not applied for any other provisional remedies in this action. 17. No prior motion has been made for the relief sought herein. 18. There are no known defenses to this action. WHEREFORE, Plaintiff respectfully demands the Court grant the following relief: A. Granting Plaintiff an Order of Seizure directing the Sheriff of Madison County or any County within the State of New York to take possession of the Collateral for plaintiffs benefit, and B. Issuing a Temporary Restraining Order prohibiting Defendant from selling or otherwise disposing of the Collateral during the pendency of this action and C. Ordering Damian A. Croyle to pay the full amount owed on the Loans to Plaintiff. Name: >r t h½ cm5 Title: loss N Wy44-wn SpctM Sworn to me on the day of February, 2024. Notary Public REBECCA MARiE BARISH Notary Public, State of New York Reg. No. 01BA6394854 3 Qualified in Oneida County Comrnission Expires 07/15/ j.7 3 of 3