On December 31, 2018 a
Motion-Secondary
was filed
involving a dispute between
Coconut Funding Llc,
and
Everett Jolly,
Uptick Newswire Llc Dba Upticknewswire.Com,
for Commercial - Contract
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 12/31/2018 04:53 PM INDEX NO. 800033/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/31/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
.___ ---X
COCONUT FUNDING LLC, Index No.:
Plaintiff,
AFFIDAVIT IN SUPPORT
-against-
UPTICK NEWSWIRE LLC
DBA UPTICKNEWSWIRE.COM and
EVERETT JOLLY,
Defendants.
---··-- ------··------------X
STATE OF CALIFORNIA, COUNTY OF ORANGE) ss:
Jacob Pearlüian being duly sworn, hereby deposes and says as follows, under penalties
of perjury:
1. That, I am a Managing Member of the Plaintiff in the within action and as such I
am fully familiar with the facts and circumstances of this case.
2. That, I hereby submit this Affidavit in sepport of the entry of judgment against
UPTiCK NEWSWIRE LLC DBA UPTICKNEWSWIRE.COM and EVERETT JOLLY
(collectively herein "Defendañts"), and request entry thereof against Defendants, jointly and
severally, in the sum of $ 15,200.00, less any amounts remitted pursuant to the Agreement for
the Purchase and Sale of Future Receipts dated about September 4, 2018 (hereinafter
"Agreement").
3. The information contained in this Affidavit is,unless otherwise iñdicated, based
on my personal review of Plaintiff's records. I am familiar with the manner and method by
which Plaintiff maintains its business records. Those records are kept in the regular course of
business. Entries therein are made contemporaneous to the time of the act or occünence
1 of 3
FILED: ERIE COUNTY CLERK 12/31/2018 04:53 PM INDEX NO. 800033/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/31/2018
recorded by a person with knowledge or at the direction of a person with actual knowledge of the
event or transaction recorded.
Defendants'
4. That, pursuant to the Agicemcñt, a percentage of receivables
purchased was to be paid daily.
5.. The Confession of Judgment is fora material breach of the Agreement, including
a debt due to the Plaintiff arising from the following facts:
a. Pursuant to the .Agreernent, for a purchasc price, Defendants agreed to allow
Plaintiff to collect a percentage of his/her/its/their accounts receivable until Plaintiff had been
paid in.full;
b. Defendants defaulted under the terms of the Agreemeñt;
c. As of the date hereof, Plaintiff has collected the sum of $ 0.00;
d. As such, the uncollected amount to date is $ 15,200.00 (hereinafter "Uncollected
Amount");
e. Defendants agreed to accrued interest on the Uncollected Amount at a rate of
interest of sixteen percent (16%); and
f. Defendants agreed to legal fees to Plaintiff calculated at thirty-three percent
(33%).
6. The Agreement does not provide for any notices of default.
7. Defendants defaulted on the Agreement, leaving an Uncollected Amount due on
the receivables of $ 15,200.00,
2 of 3
FILED: ERIE COUNTY CLERK 12/31/2018 04:53 PM INDEX NO. 800033/2019
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/31/2018
8. The Defendants have not made any paynients on the balance, leaving a balance
due of $ 15,200.00.
9. The value of the receivables that were purchased by Plaintiff and to the extent that
they have not been paid to Plaintiff is $ 15,200.00.
10. I am fully familiar with the signature on the Confession of Judgment. It is the
signature of EVERETT JOLLY, an Owner of Defendant UPTICK NEWSW1RE LLC DBA
UPTICKNEWSWIRE.COM. As Owner, EVERETT JOLLY has full authority to bind that
entity, and he is the Owner of said entity who negotiated and entered into the Agreement with
Plaintiff and signed the Confession of Judgment.
Jacob Pearlman, Managing Member
Sworn to before me the
6 I day of December, 2018. coc. oate: Q35)Ï# Pages
NotaryName: Gwynn M. Nakamura First Circuit
Affidud- t y)
Doc. Description
Notã Sign a ure Date
NOT Y PUBLIC
Commission Expires: '"",
* PUBUC NOTARY
PUBUC
No. 15-99 *
s.. ..4 No. 15-99
GWYNN M. NAKAMURA onan
NOTARY PUBUC FIRST JUDICIAL ClRCUlT
STATE 0F HAWAll
COMMISSION EXPlRES 3/15/2010
3 of 3
Document Filed Date
December 31, 2018
Case Filing Date
December 31, 2018
Category
Commercial - Contract
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FILED: ERIE COUNTY CLERK 12/31/2018 04:53 PM INDEX NO. 800033/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/31/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE .___ ---X COCONUT FUNDING LLC, Index No.: Plaintiff, AFFIDAVIT IN SUPPORT -against- UPTICK NEWSWIRE LLC DBA UPTICKNEWSWIRE.COM and EVERETT JOLLY, Defendants. ---··-- ------··------------X STATE OF CALIFORNIA, COUNTY OF ORANGE) ss: Jacob Pearlüian being duly sworn, hereby deposes and says as follows, under penalties of perjury: 1. That, I am a Managing Member of the Plaintiff in the within action and as such I am fully familiar with the facts and circumstances of this case. 2. That, I hereby submit this Affidavit in sepport of the entry of judgment against UPTiCK NEWSWIRE LLC DBA UPTICKNEWSWIRE.COM and EVERETT JOLLY (collectively herein "Defendañts"), and request entry thereof against Defendants, jointly and severally, in the sum of $ 15,200.00, less any amounts remitted pursuant to the Agreement for the Purchase and Sale of Future Receipts dated about September 4, 2018 (hereinafter "Agreement"). 3. The information contained in this Affidavit is,unless otherwise iñdicated, based on my personal review of Plaintiff's records. I am familiar with the manner and method by which Plaintiff maintains its business records. Those records are kept in the regular course of business. Entries therein are made contemporaneous to the time of the act or occünence 1 of 3 FILED: ERIE COUNTY CLERK 12/31/2018 04:53 PM INDEX NO. 800033/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/31/2018 recorded by a person with knowledge or at the direction of a person with actual knowledge of the event or transaction recorded. Defendants' 4. That, pursuant to the Agicemcñt, a percentage of receivables purchased was to be paid daily. 5.. The Confession of Judgment is fora material breach of the Agreement, including a debt due to the Plaintiff arising from the following facts: a. Pursuant to the .Agreernent, for a purchasc price, Defendants agreed to allow Plaintiff to collect a percentage of his/her/its/their accounts receivable until Plaintiff had been paid in.full; b. Defendants defaulted under the terms of the Agreemeñt; c. As of the date hereof, Plaintiff has collected the sum of $ 0.00; d. As such, the uncollected amount to date is $ 15,200.00 (hereinafter "Uncollected Amount"); e. Defendants agreed to accrued interest on the Uncollected Amount at a rate of interest of sixteen percent (16%); and f. Defendants agreed to legal fees to Plaintiff calculated at thirty-three percent (33%). 6. The Agreement does not provide for any notices of default. 7. Defendants defaulted on the Agreement, leaving an Uncollected Amount due on the receivables of $ 15,200.00, 2 of 3 FILED: ERIE COUNTY CLERK 12/31/2018 04:53 PM INDEX NO. 800033/2019 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 12/31/2018 8. The Defendants have not made any paynients on the balance, leaving a balance due of $ 15,200.00. 9. The value of the receivables that were purchased by Plaintiff and to the extent that they have not been paid to Plaintiff is $ 15,200.00. 10. I am fully familiar with the signature on the Confession of Judgment. It is the signature of EVERETT JOLLY, an Owner of Defendant UPTICK NEWSW1RE LLC DBA UPTICKNEWSWIRE.COM. As Owner, EVERETT JOLLY has full authority to bind that entity, and he is the Owner of said entity who negotiated and entered into the Agreement with Plaintiff and signed the Confession of Judgment. Jacob Pearlman, Managing Member Sworn to before me the 6 I day of December, 2018. coc. oate: Q35)Ï# Pages NotaryName: Gwynn M. Nakamura First Circuit Affidud- t y) Doc. Description Notã Sign a ure Date NOT Y PUBLIC Commission Expires: '"", * PUBUC NOTARY PUBUC No. 15-99 * s.. ..4 No. 15-99 GWYNN M. NAKAMURA onan NOTARY PUBUC FIRST JUDICIAL ClRCUlT STATE 0F HAWAll COMMISSION EXPlRES 3/15/2010 3 of 3