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  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Mid-Hudson Valley Federal Credit Union v. Charlene HaightOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER -----------------------------------------X Index No. MID-HUDSON VALLEY FEDERAL CREDIT UNION, Date filed: Plaintiff designates ULSTER County as the place of trial The basis of venue is the county where the Plaintiff, Defendant resides. -against- SUMMONS CHARLENE HAIGHT, Plaintiff's address: 1099 Morton Blvd. Kingston, NY 12401 Defendant(s). County of Ulster ________________________________________x TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the c'omplaint 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 Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, jud. ent will be taken against you by default for the relief c anded h ein. Dated: Purchase, NY January 25, 2024 DE FRE DMAN Defendant's address: torney for Plaintiff 252 East Union St Apt 2 2500 Westchester Ave #410 Kingston, NY 12401 Purchase, NY 10577 (914)289-0040 Upon your failure to appear, judgment will be taken against you by default for the sum of $10,064.22, plus interest from October 26, 2023, and the costs of this action. 1 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 2 2 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER _____----________________________________Ç MID-HUDSON VALLEY FEDERAL CREDIT UNION, Index No. Plaintiff, VERIFIED COMPLAINT -against- CHARLENE HAIGHT, Defendant(s). ________________________________________Ç Plaintiff Mid-Hudson Valley Federal Credit Union, by its attorney, Perry Dean Freedman, as and for its verified complaint against Defendant alleges as follows: THE PARTIES 1. Plaintiff is a Federal Credit Union, organized and existing under and by virtue of the Federal Credit Union Act, 12 U.S.C. 1787 (a) (1), with offices located at 1099 Morton Blvd., Kingston, New York. 2. Plaintiff is the original and only creditor on this transaction. 3. Defendant CHARLENE HAIGHT, is upon information and belief, and at all times hereinafter mentioned was, a natural person residing at 252 East Union St., Apt 2, Kingston, NY 12401. AS AND FOR A FIRST CAUSE OF ACTION (BREACH OF CREDIT AGREEMENT) 3 3 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 4. On or about July 31, 2019, Plaintiff and Defendant agreement" entered into a "Visa credit card (hereinafter "the credit agreement"), pursuant to which Plaintiff issued Defendant a Visa credit card with the account number ending in 2691, for purposes of advancing credit to Defendant, and Defendant agreed to repay Plaintiff on a monthly basis at an interest rate of 10.49%. A copy of the Charge-Off statement for the account, forwarded to Defendant on October 2, 2023, is attached hereto as Exhibit "A". 5. Pursuant to the aforesaid credit agreement, Plaintiff, at Defendant's specific requests, advanced monies on Defendant's behalf at the aforesaid agreed upon interest rate. 6. Plaintiff advanced the sum of $6,874.92 to Defendant and Defendant has failed to repay said sum or any part thereof, and is in default of the aforesaid credit agreement. 7. An itemization of the Account ending in 2691 is as follows: " Total due at charge-off: $6,874.92 " Total interest accrued since charge off: $0.00 " Total non-interest charges/ fees accrued: $0.00 " Total amount of payments and/or credits since charge-off: $0.00 8. The last payment on the account was made on March 14, 2023, in the amount of $130.00. 9. By reason of Defendant's breach of contract, Plaintiff 4 4 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 has been damaged in the sum of $6,874.92, plus interest from October 26, 2023. AS AND FOR A SECOND CAUSE OF ACTION (DEFAULT IN PAYMENT OF PROMISSORY NOTE) 10. On July 5, 2019, Defendant executed a promissory note in favor of Plaintiff, pursuant to which Plaintiff lent Defendant the sum of $10,000.00, and Defendant promised to repay said sum at an interest rate of 11.25% by monthly payments. A copy of the promissory note is annexed hereto as Exhibit "B". 11. The last four digits of the account number are 9113. 12. Pursuant to the terms of the promissory note, Defendant is in default of same, and the full balance of the note is automatically accelerated, in the event Defendant fails to make any monthly payment as stated above. 13. Defendant is in default in payment of the promissory note by failing to make any payments to Plaintiff since April 19, 2023, in the amount of $250.00, and the balance due and owing Plaintiff after crediting Defendant with any and all payments made thereunder, is the sum of $3,189.30, plus interest from October 26, 2023. A transaction history itemizing principal, interest, and fees, is annexed hereto as Exhibit "C". 5 5 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 14. Pursuant to the terms of the promissory note, upon Defendant's default in payment of same, Defendant is required to pay all Plaintiff's costs and reasonable attorney's fees incurred in collecting the sums owed. 15. As a result of Defendant's default in payment of the promissory note, Plaintiff has been damaged in the sum of $3,189.30, plus interest from October 26,2023. WHEREFORE, it is respectfully requested that judgment be granted in Plaintiff's favor as follows: 1. On the first cause of action, for the sum of $6,874.92, plus interest from October 26, 2023; 2. On the second cause of action, for the sum of $3,189.30, plus interest from October 26, 2023; Plaintiff' 3. For reasonable attorney's fees incurred herein; 4. For the costs and disbursements incurred herein; and 5. For such other and further relief as this Court deems just and proper. Dated: Purchase, NY January 25, 2024 Yours, etc., 6 6 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 E Y DEA FREEDMAN A·torney for Plaintiff 2500 Westchester Avenue, Suite 410 Purchase, NY 10577 (914) 289-0040 WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 7 7 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 VERIFICATION STATE OF NEW YORK COUNTY OF ULSTER SS.: HILARY NICHOLS, being duly sworn, deposes and says: 1. I am the Loss Mitigation Manager of Mid-Hudson Valley Federal Credit Union, and am authorized to bring the within proceeding. 2. I have read the annexed Complaint and the contents thereof are true to my own knowledge, except as to those matters which are alleged on information and belief, and as to those matters, I believe them to be true. 3. The reason why this Verification is made by me and not by the plaintiff is that the plaintiff is a corporation. 4. The information stated above is based on the books and records plaintiff provided me and/or of my own personal knowledge. ‰ t N CHOLS Sworn to before me this day of , 20 NOTARY PUBLI COLLEEN J. BONDAR Nota Public, State of New York . No. 01806098023 Q fled in Ulster County Commission Expires September 2, 8 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 EXHIBIT "A 9 of 26 FILED: ULSTER COUNTY CLERK EX03/14/2024 04:42 PM INDEX NO. EF2024-709 9006 LWG 1 7 18 231018 0 PAGE1of 2 1 O 3516 4000 J7FH 01CV9006 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 Cardholder Name and Account Number Page 1 of 2 sMHV FEDERAL cREDIT Mo-HuosoNvau.Ey UNION CHAa eNeHAGH 252 E UNION ST APT 2 XXXX-XXXX-XXXX-2691 Account Information Account Summary Statement Closing Date 10/18/2023 Previous Balance $6,874.92 Credit Limit $6,000.00 - Payments $0.00 Available Credit NONE - Other Credits $0.00 Cash Credit Limit $6,000.00 + Purchases $0.00 Available Cash $0.00 + Cash Advances $0.00 Past Due Amount $761.00 + Other Debits $0.00 Amount Over Credit Limit $874.92 + Fees Charged $0.00 + Interest Charged $0.00 = New Balance $6,874.92 Payment Information Payment Due Date: 11/15/2023 Minimum Payment Due: $1,750.92 New Balance: $6,874.92 Late Payment If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00. Warning: Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. The table is based on your standard minimum payment and does not include any past due and overlimit amounts. For example: If you make no additional charges using this You will pay off the balance shown And you will end up paying an card and each month you pay... on this statement in about... estimated total of... Only the minimum payment 12 Years $6,875.00 If you would like information about credit counseling services, call 1-866-685-6322. Transactions Post Date Trans Date Reference Description Amount Fees TOTAL FEES FOR THIS PERIOD $0.00 Interest Charged 10/18 10/18 Interest Charge on Purchases $0.00 10/18 10/18 Interest Charge on Cash Advances $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 Remit Payment to: Mail Inquiries To: Questions? MID-HUDSON VALLEY FCU CUSTOMER SERVICE P.O. BOX 31112 TAMPA Call Customer Service: 866-820-2951 PO BOX 37603 PHILADELPHIA PA 19101-0603 FLORIDA 336313112 Lost or Stolen Card: 800-449-7728 We appreciate you & are here for your financial journey! Detachthebottomportionandretumpaymentusingenclosedenvelopeto bereceivednolaterthan by 5:00p.m.on theduedate.Pleaseuseblueor blackink. Payment Due Date MID-HUDSON VALLEY FCU November PO BOX 1429 Account Number XXXX-XXXX-XXXX-2691 KINGSTON NY 12402-1429 ¹ 2 4 6 10 11 New Balance $6,874.92 47 Please include your account Minimum Payment Due $1,750.92 number on your check. Amount Newaddress,phonenumberor e-mail? Enclosed O Checkthe boxto theleftandprintchangeson back. CHARLENE HAIGHT 252 E UNION ST APT 2 KINGSTON NY 12401-5637 VISA PO BOX 37603 PHILADELPHIA PA 19101-0603 Ilullullulmol.nt.II.Inl.I.I.Illl.ImullIllni.Ini.II.1 nin.II...I.......1Ill..I....II.II.I.III.Illll.In.nllmIIII.I 001750920068749246871740009626917 10 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 9006DOC. LWG 1 7 18 231018 0 E X PAGE2 of 2 1 0 3516 4000 J7FH 01CV9006 NYSCEF NO. 1 RECEIVED NYSCEF: 03/14/2024 Cardholder Name and Account Number Page 2 of 2 CHARLENE HAIGHT 252 E UNION ST APT 2 XXXX-XXXX-XXXX-2691 Transactions (continued) Post Date Trans Date Reference Description Amount NEW YORK RESIDENTS MAY CONTACT THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES BY TELEPHONE OR VISIT ITS WEBSITE FOR FREE INFORMATION ON COMPARATIVE CREDIT CARD RATES, FEES AND GRACE PERIODS. NY STATE DEPT OF FINANCIAL SERVICES: 1-800-342-3736 http://www.dfs.ny.gov/consumer/creditdebt.htm 2023 Totals Year-to-Date Total fees charged in 2023 $210.90 Total interest charged in 2023 $766.53 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance APR Balance Subject To Interest Charge Remaining % Interest Rate Balance Purchases 18.00% (V) $0.00 $0.00 $1,572.42 PROTECTED BALANCE 17.00% (V) $0.00 $0.00 $669.11 Cash Advances 18.00% (V) $0.00 $0.00 $0.00 PROTECTED BALANCE 17.00% (V) $0.00 $0.00 $4,633.39 Days in Billing Cycle: 30 (V) = Variable Rate See reverse side of page one for explanation of Interest Charge calculation. Credit Purchases calculated using Method G. Cash Advance Charges calculated using Method A. 11 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 "B" EXHIBIT 12 of 26 FILED: ULSTER COUNTY CLERK 03/14/2024 04:42 PM INDEX NO. EF2024-709 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/14/2024 MHV Mo-HuosoNVAREYFEOERR CREDITUNION P.O. Box 1429 " Kingston, NY 124o2 and Disclosure Statement (soinum - osoo-eLsm Covered Barrower Under Military Landing Act LoAN NuMBER UATuRITYDATE STEPRATE LOANDATE LOANTYPE 2 FIXEDRATE 91699113 7/19/2024 VARIABLERATE 7/5/2019 Signature BORROWER 2 BORROWER 1 (Name & Addreas) CHARLENE HAIGHT 81 ULSTER AVE ULSTER PARK, NY 12487 BORROWER 4 (Name & A BORROWER 3 (Name & Address) (e' TRUTH IN LENDING DISCLOSURE means an estimate) Amount Financed Total of PaymeIts Total Sale Price ANNUAL PERCENTAGE RATE FlilANCE CHARGE Theamountolcredit TheamountYouwill have The totalcostor Yourpurchaseoncreditis Thecostor Yourcreditasa yearlyrate. Thedollaramountthecredit wIIIcost You. providedtoYouor on paidalter Youhavemade $ Yourbehalf, allpaymentsas scheduled. whichincludesYourdownpaymeritof $ $14.286.08 $ . 11.26% % $ $3,267.34 $ $10,000.00 Prepayment: If You pay off early You will not have to Your Payment Schedule Will Be: Amount of Payments When Payments Are Due pay a penalty. Number of Payments Required Deposit: The Annual Percentage Rate does 8/19/2019 59 $ $238.11 Monthly (12/yr) not take into account Your required deposit, If any. Demand: O This obilgation has a demand feature. based on an assumed 1 $ $237.5g 7/19/2024 O All disclosures are maturity of one year. insurance from anyone You want Property Insurance: You may obtain propedy that is acceptable to the Credit Union. recreational vehicle foans