Motion-Secondary: Western Division Federal Credit Union v. Laura Chadwick

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                                FILED:         ERIE      COUNTY         CLERK        06/23/2014                                                     INDEX    NO.   802406/2014
   NYSCEF     DOC.   NO.   4                                                                                  RECEIVED      NYSCEF:     06/23/2014




                  STATE OF NEW YORK
                  SUPREME COURT             :  COUNTY OF ERIE


                  WESTERN DIVISION FEDERAL CREDIT UNION,

                                                      Plaintiff,                          Index No.:    802406/20 14

                           vs.

                  LAURA CHADWICK,

                                                      Defendant.



                                                        ATTORNEY AFFIDAVIT



                  STATE OF NEW YORK                   )
                                                      ) ss:
                  COUNTY OF ERIE                      )


                                    ERIN L.    CODY, ESQ., being duly          sworn,  deposes    and  says:



                                    1.       I am an attorney at law,     duly admitted to practice in the State of New York

                  and I am an associate with the law firm of Rupp,           Baase, Pfalzgraf,    Cunningham & Coppola LLC,

                  attorneys for plaintiff, Western Division Federal Credit Union (“Western Division FCU”).                      As

                  such,  I am fully familiar with the facts and circumstances of this           action.



                                    2.       I submit this   affidavit in support of Western Division FCU’s           motion,

                 pursuant to CPLR 3215, for default judgment against defendant Laura Chadwick (“Chadwick”).
                                    3.       This  action arises   out of certain unauthorized withdrawals made by

                  Chadwick from a Western Division FCU checking                 account belonging to William Hark (“Hark”)

                  after Hark’s   death.   See Affidavit of Robert W.       Harms,    sworn to June    11,  2014

                  (“Harms Affidavit”)      at ¶9[ 6-7.



                                    4.       Western Division FCU commenced this action by filing a summons                    and

                  complaint in the Erie County Clerk’s Office on March 7,              2014.   A copy of the    summons      and

                  complaint is    attached hereto as Exhibit A.



                                    5.       Chadwick was      duly served with the summons          and complaint.     A copy of

                  the affidavit of service is    attached hereto as Exhibit B.



                                    6.       Chadwick was      served with a Notice of Service and Affidavit pursuant to

                  CPLR    § 32 15(g) on or about April      10, 2014.    A copy of the Notice is     attached hereto    as

                  Exhibit C.



                                    7.       The time for Chadwick to answer,          move, or appear with respect to the

                  complaint has     now expired, and Chadwick has not answered, moved,                or otherwise appeared.



                                    8.       Chadwick’s time to      answer,   move, or otherwise appear was not extended

                  at any other point in time.     Chadwick,     therefore,   isin default.


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                                   9.       Western Division FCU makes this           instant motion for entry of default

                 judgment against Chadwick for the principal            amount of $4,771.03.



                                    10.     All necessary prerequisites to the entry of the default judgment have been

                 completed.



                                    11.     After a diligent search, Chadwick has been determined not to be               in the

                 military service as    defined by the military law      and the Servicemembers        Civil Relief Act.     A copy

                 of the Department of Defense certification stating that Laura Chadwick is not an active member

                 of military service    at this time is  attached as Exhibit D.



                                    12.      Chadwick is not an      infant, absentee, or incompetent to the best of my

                 knowledge,     information,   and belief.



                                    13.      Based on the foregoing,      Western Division FCU respectfully requests            that

                  this Court grant it a default judgment against Chadwick for the principal amount of $4,771.03.




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                                    WHEREFORE, your deponent respectfully requests                   that this Court issue an

                  order granting Western Division Federal Credit Union’s motion for default judgment against

                  Laura Chadwick in the principal         amount of $4,771.03,      together with the costs     and disbursements

                  in this action,  and for such other and further relief as       this Court deems just and proper.

                                                                                        //
                                                                                     /              ‘k_J
                                                                                  t      “.—     ‘—,

                                                                        ErLlZody


                  Sworn to before me tiis
                  17t’ay of June 2014.
                     I’
                             [7
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