Preview
FILED: ERIE COUNTY CLERK 01/14/2020 02:26 PM INDEX NO. 817401/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/14/2020
STATE OF NEW YORK
COUNTY OF ERIE : ERIE COUNTY SUPREME COURT
AMHERST FEDERAL CREDIT UNION,
Plaintiff, STIPULATION
vs.
Index No. 817401/2019
MARKEITA C. FLOOD,
Defendant(s). ASSIGNED JUDGE:
Hon.
It is stipulated and agreed by and between the parties that this action is settled
on the following terms and conditions as to MARKEITA C. FLOOD:
1. Defendant(s) hereby admits due service of the Summons and Complaint in this
Defendant(s)'
action, withdraws the appearañce and Answer, if any, filed on behalf,
including any claims or Counterclaims relating to the cause of action in the underlying
Defendant(s)'
Complaint (whether or not asserted), but nevertheless submits person
and the subject matter of this action to the jurisdicticñ and venue of this Court, and
admits the allegations in the underlying Complaint.
2. Defeñdañt(s) admit that the Plaintiff is entitled to the following amount:
a. Principal amount in Complaint $1,754.56
b. Plus interest at 9.00% per annum from July 3, $84.36
2019
c. Plus reasonable attorney fees $438.64
d. Plus disbursements to date
i.filing fee $210,00
ii.service costs $40.00
e. Plus fee to file Stipulation/Motion $35.00
f. Less credits to date ($0.00)
*
g. *Total claimed due, plus interest at 9% per $2,562.56
annum from January 14, 2020, and all additional
costs and disbursements allowed by statute
upon entry of Judgment.
3. As settlement of this matter as to MARKEITA C. FLOOD, Defendant(s) shall pay
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FILED: ERIE COUNTY CLERK 01/14/2020 02:26 PM INDEX NO. 817401/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/14/2020
due"
to the Plaintiff the aforementioned "Total claimed ($2,562.56) in paragraph 2(g),
without further interest, as follows: in installments of $200.00 each month commencing
January 31, 2020, each payable on or before the same date of each subsequent month
(or last date of said subsequent month ifearlier) until said amount is paid in full.
4. All payments are to be made to the order of the attorney for Plaintiff, and to be
received at said attorney's office address on or before each due date.
5. Upon full payment by Defendant(s) in accordance with the terms of this
Stipulation, Plaintiff shall forward a signed Stipulation of Disccntinuance as to
MARKEITA C. FLOOD to be filed by the Defendant(s).
6. Upon default by Defendant(s), and if such default remains uncured for ten (10)
days, or ifany check or payment instrument tendered by or on behalf of Defendant(s)
fails to clear upon presentment or is otherwise reversed, Plaintiff may proceed pursuant
to CPLR 3215(i) for the amount specified in paragraph 2(g) ("Total claimed due", plus
interest and additional costs and disbursements, as noted in said paragraph), crediting
the Defeñdañt(s) with payments made hereunder, and proceed for the entry of
Judgment for said amount upon Attorney Affirmation as to the default, without further
notice.
7. This Stipulation may be signed in counter-parts.
DATED: January 14, 2020
William llecki
ILECKl & OSTROWSKI, LLP
Attorney(s) for Plaintiff
1 DELAWARE ROAD, SUITE 110
BUFFALO, NY 14217
Phone: (716) 838-4300
Fax: (716) 204-9728
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FILED: ERIE COUNTY CLERK 01/14/2020 02:26 PM INDEX NO. 817401/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/14/2020
Defendant(s) hereby acknowledge that Defendant(s) have read and understand
Defendant(s)'
the terms of this Stipulation; are aware of right to be represented by an
attorney and/or obtain legal counsel relative to this action and the terms of this
Stipulation; are aware of the rights noted in the Summons, including rights to dispute the
debt and seek verification of same; and knowingly and voluntarily sign this Stipulation.
This communication is from a debt collector. The debt collector is attempting to collect
a debt, and any information obtained will be used for that purpose.
M RKEITA C. FLOOD
... -
STATE OF NY )
COUNTY OF ERIE ) SS.:
On January 14, 2020, before me, the undersigned, a Notary Public in and for saidState, personally
appeared MARKEITA C. FLOOD, personally known to me or proved to me on the basis of satisfactory
evidence tobe the individual(s)whose name(s) (are) subscribed to the within instrument and ackñGVi|êdgêd to
me thathe/she/they executed the same inhis/her/theircapacit(ies), and that by his/her/theirsignature(s) on the
instrument, the individual(s),or the person upon behalf of which the individual(s) acted, executed the
instrument.
H TARY PUBLIC
Our number-
file 201916610
KRISTIAN L BRoWN
NUrARY PUMr,5TAE OF
No.01BR6317899
QualifiedinErieCounty
MyConunissionExpiscsJanuary12,W
3 of 3
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FILED: ERIE COUNTY CLERK 01/14/2020 02:26 PM INDEX NO. 817401/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/14/2020 STATE OF NEW YORK COUNTY OF ERIE : ERIE COUNTY SUPREME COURT AMHERST FEDERAL CREDIT UNION, Plaintiff, STIPULATION vs. Index No. 817401/2019 MARKEITA C. FLOOD, Defendant(s). ASSIGNED JUDGE: Hon. It is stipulated and agreed by and between the parties that this action is settled on the following terms and conditions as to MARKEITA C. FLOOD: 1. Defendant(s) hereby admits due service of the Summons and Complaint in this Defendant(s)' action, withdraws the appearañce and Answer, if any, filed on behalf, including any claims or Counterclaims relating to the cause of action in the underlying Defendant(s)' Complaint (whether or not asserted), but nevertheless submits person and the subject matter of this action to the jurisdicticñ and venue of this Court, and admits the allegations in the underlying Complaint. 2. Defeñdañt(s) admit that the Plaintiff is entitled to the following amount: a. Principal amount in Complaint $1,754.56 b. Plus interest at 9.00% per annum from July 3, $84.36 2019 c. Plus reasonable attorney fees $438.64 d. Plus disbursements to date i.filing fee $210,00 ii.service costs $40.00 e. Plus fee to file Stipulation/Motion $35.00 f. Less credits to date ($0.00) * g. *Total claimed due, plus interest at 9% per $2,562.56 annum from January 14, 2020, and all additional costs and disbursements allowed by statute upon entry of Judgment. 3. As settlement of this matter as to MARKEITA C. FLOOD, Defendant(s) shall pay 1 of 3 FILED: ERIE COUNTY CLERK 01/14/2020 02:26 PM INDEX NO. 817401/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/14/2020 due" to the Plaintiff the aforementioned "Total claimed ($2,562.56) in paragraph 2(g), without further interest, as follows: in installments of $200.00 each month commencing January 31, 2020, each payable on or before the same date of each subsequent month (or last date of said subsequent month ifearlier) until said amount is paid in full. 4. All payments are to be made to the order of the attorney for Plaintiff, and to be received at said attorney's office address on or before each due date. 5. Upon full payment by Defendant(s) in accordance with the terms of this Stipulation, Plaintiff shall forward a signed Stipulation of Disccntinuance as to MARKEITA C. FLOOD to be filed by the Defendant(s). 6. Upon default by Defendant(s), and if such default remains uncured for ten (10) days, or ifany check or payment instrument tendered by or on behalf of Defendant(s) fails to clear upon presentment or is otherwise reversed, Plaintiff may proceed pursuant to CPLR 3215(i) for the amount specified in paragraph 2(g) ("Total claimed due", plus interest and additional costs and disbursements, as noted in said paragraph), crediting the Defeñdañt(s) with payments made hereunder, and proceed for the entry of Judgment for said amount upon Attorney Affirmation as to the default, without further notice. 7. This Stipulation may be signed in counter-parts. DATED: January 14, 2020 William llecki ILECKl & OSTROWSKI, LLP Attorney(s) for Plaintiff 1 DELAWARE ROAD, SUITE 110 BUFFALO, NY 14217 Phone: (716) 838-4300 Fax: (716) 204-9728 2 of 3 FILED: ERIE COUNTY CLERK 01/14/2020 02:26 PM INDEX NO. 817401/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/14/2020 Defendant(s) hereby acknowledge that Defendant(s) have read and understand Defendant(s)' the terms of this Stipulation; are aware of right to be represented by an attorney and/or obtain legal counsel relative to this action and the terms of this Stipulation; are aware of the rights noted in the Summons, including rights to dispute the debt and seek verification of same; and knowingly and voluntarily sign this Stipulation. This communication is from a debt collector. The debt collector is attempting to collect a debt, and any information obtained will be used for that purpose. M RKEITA C. FLOOD ... - STATE OF NY ) COUNTY OF ERIE ) SS.: On January 14, 2020, before me, the undersigned, a Notary Public in and for saidState, personally appeared MARKEITA C. FLOOD, personally known to me or proved to me on the basis of satisfactory evidence tobe the individual(s)whose name(s) (are) subscribed to the within instrument and ackñGVi|êdgêd to me thathe/she/they executed the same inhis/her/theircapacit(ies), and that by his/her/theirsignature(s) on the instrument, the individual(s),or the person upon behalf of which the individual(s) acted, executed the instrument. H TARY PUBLIC Our number- file 201916610 KRISTIAN L BRoWN NUrARY PUMr,5TAE OF No.01BR6317899 QualifiedinErieCounty MyConunissionExpiscsJanuary12,W 3 of 3