On December 09, 2015 a
Motion-Secondary
was filed
involving a dispute between
Community Bank, N.A.,
and
Cynthia A Ingleston A K A Cynthia Ann Rowe,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Onondaga County.
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(FILED: ONONDAGA COUNTY CLERK 0470572016 I1:57 AM INDEX NO. 2015EF5001
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/05/2016
Onondaga Supreme Court
County of Onondaga State of New York
Index No, 2015EF5001
Community Bank, N.A,
Plaintiff(s), AFFIDAVIT IN SUPPORT
-vs- OF DEFAULT JUDGMENT
Cynthia A. Ingleston
a/k/a Cynthia Ann Rowe,
Defendant(s).
AMANDA C. SHAW, being duly swom, deposes and says:
1. Tam the managing member of the firm Riehlman, Shafer & Shaw, LLC (formerly in partnership
with Richlman, Shafer & Shafer), attorneys for the plaintiff in the above entitled action, and neither
I nor any partners of this firm are salaried employees of the plaintiff. As attorney for plaintiff in this
action, I am fully familiar with the facts and circumstances of the underlying case.
2. This affidavit is made in support of plaintiff's application for attorney's fees and default judgment
against the defendant(s), Cynthia A. Ingleston a/k/a Cynthia Ann Rowe.
3. The present case was referred to your deponent's office for collection efforts in September 2015.
4. Upon review of plaintiff's records, there is due and owing to the Plaintiff by the Defendant(s), the
sum of $6,797.41, plus interest from September 9, 2015, by reason of the Defendant(s) default
under the terms of a Retail Instalment Contract.
5. This action was commenced against the defendant(s) by the filing of a summons and complaint
on December 9, 2015. The defendant was thereafter alternately served with the summons and
complaint on January 12, 2016. Your deponent's records indicate that the defendant has neither
appeared nor answered in this action.
6. Your deponent reviewed the application and loan documents provided by the plaintiff and that
upon information and belief, Cynthia A. Ingleston a/k/a Cynthia Ann Rowe, was not active in any
federal or state military service at the time of the application or service of the summons and
complaint, Your deponent's firm further investigated the status of defendant's military service after
the default in appearance by reviewing the Department of Defense Manpower Data Center records.
The records indicate that the defendant(s) is not currently on active duty based upon the social
security number and name provided. A copy of the military status report is attached herewith,
WHEREFORE, deponent demands judgment against the Defendant(s) in the sum of $6,797.41, plus
interest from September 9, 2015, together with reasonable attorney fees, if provided by the contract
and allowed by laws of State of New York, and with the cos id disbursements of this action, less
payments made.
Dated: LhONAy 9,201
Amanda C. Shaw, Esq.
4
Sworn to before me on (ANLH i Lie
tf LUKE L. CHAPMAN
healt
yo
"Sal Public , State of New York
ied in Onondaga County
Notary No. 01CH6258320
My Commission Expires: 09/26/_//._
lof 1
Document Filed Date
April 05, 2016
Case Filing Date
December 09, 2015
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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(FILED: ONONDAGA COUNTY CLERK 0470572016 I1:57 AM INDEX NO. 2015EF5001 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 04/05/2016 Onondaga Supreme Court County of Onondaga State of New York Index No, 2015EF5001 Community Bank, N.A, Plaintiff(s), AFFIDAVIT IN SUPPORT -vs- OF DEFAULT JUDGMENT Cynthia A. Ingleston a/k/a Cynthia Ann Rowe, Defendant(s). AMANDA C. SHAW, being duly swom, deposes and says: 1. Tam the managing member of the firm Riehlman, Shafer & Shaw, LLC (formerly in partnership with Richlman, Shafer & Shafer), attorneys for the plaintiff in the above entitled action, and neither I nor any partners of this firm are salaried employees of the plaintiff. As attorney for plaintiff in this action, I am fully familiar with the facts and circumstances of the underlying case. 2. This affidavit is made in support of plaintiff's application for attorney's fees and default judgment against the defendant(s), Cynthia A. Ingleston a/k/a Cynthia Ann Rowe. 3. The present case was referred to your deponent's office for collection efforts in September 2015. 4. Upon review of plaintiff's records, there is due and owing to the Plaintiff by the Defendant(s), the sum of $6,797.41, plus interest from September 9, 2015, by reason of the Defendant(s) default under the terms of a Retail Instalment Contract. 5. This action was commenced against the defendant(s) by the filing of a summons and complaint on December 9, 2015. The defendant was thereafter alternately served with the summons and complaint on January 12, 2016. Your deponent's records indicate that the defendant has neither appeared nor answered in this action. 6. Your deponent reviewed the application and loan documents provided by the plaintiff and that upon information and belief, Cynthia A. Ingleston a/k/a Cynthia Ann Rowe, was not active in any federal or state military service at the time of the application or service of the summons and complaint, Your deponent's firm further investigated the status of defendant's military service after the default in appearance by reviewing the Department of Defense Manpower Data Center records. The records indicate that the defendant(s) is not currently on active duty based upon the social security number and name provided. A copy of the military status report is attached herewith, WHEREFORE, deponent demands judgment against the Defendant(s) in the sum of $6,797.41, plus interest from September 9, 2015, together with reasonable attorney fees, if provided by the contract and allowed by laws of State of New York, and with the cos id disbursements of this action, less payments made. Dated: LhONAy 9,201 Amanda C. Shaw, Esq. 4 Sworn to before me on (ANLH i Lie tf LUKE L. CHAPMAN healt yo "Sal Public , State of New York ied in Onondaga County Notary No. 01CH6258320 My Commission Expires: 09/26/_//._ lof 1