Preview
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