Preview
FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
WORLD GLOBAL CAPITAL, LLC D/B/A SAMSON Index No.:
ADVANCE,
AFFIDAVIT IN SUPPORT
Plaintiff,
-against-
LONNIE BECUDE d/b/a PRO-SEAL USA and
LONNIE BECUDE,
Defendants.
STATE OF NEW JERSEY )
) ss.:
COUNTY OF HUDSON )
GUICHARD LUCIEN, being duly sworn, upon information and belief, deposes and says:
1. I am a natural person over the age of 18 and reside in the State of New York. I am an
Account Manager for Plaintiff WORLD GLOBAL CAPITAL, LLC D/B/A SAMSON ADVANCE
("SAM") and, as such, am fully familiar with the facts and circumstances hereinafter set forth.
2. I make this Affidavit in support of SAM's entry of a Judgment by Confession against
("
Defendant LONNIE BECUDE d/b/a PRO-SEAL USA ("Defendant PSU") and Defendant LONNIE
(" "Defendants"
BECUDE ("Defendant Lonnie") (collectively, "Defendants").
3. On October 23, 2017, Defendant PSU entered into a secured merchant agreement (the
"Agreement" accounts-
"Agreement") whereby SAM agreed to buy all rights of the Defendant PSU's future
receivable, having a face value of $14,900.00. The purchase price for these receivables was $10,000.00.
"A"
Attached hereto as Exhibit is a true and accurate copy of the Agreement.
4. Pursuant to the Agreement, Defendant PSU authorized SAM to debit from its bank
account, by means of an online ACH debit, a percentage of Defendant PSU's accounts-receivable (the
Percentage" —$14,900.00 —was
"Specified ),until the purchased amount of receivables paid in full.
1 of 5
FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
5. Defendant PSU agreed to exclusively use one bank account approved by SAM (the
"Account"
"Account"), into which Defendant PSU agreed to deposit all of itsreceipts, and from which SAM was to
conduct its ACH debits of the Specified Percentage of said receipts.
6. The Agreement provided that in the event Defendant PSU used a bank account other than
the Account, or Defendant PSU prevented SAM from debiting the Account, either by instructing the
bank to block SAM's ACH debits or via other means, Defendant PSU was in default of the Agreement.
See Exhibit "A", Para. 3.1.
7. In addition, Defendant Lonnie executed a personal guarantee of performance,
guaranteeing Defendant PSU's performance of its obligations under the Agreement (the "Personal
Guarantee"
Guarantee"). See Exhibit "A".
8. The Personal Guarantee provides that in the event of Defendant PSU's default under any
of the terms of the Agreement, including blocking ACH debits or depositing their accounts-receivable
into a bank account other than the Account, SAM may enforce its rights against Defendant PSU under
the Agreement against Defendant Lonnie, without first seeking recourse from Defendant PSU.
9. Furthermore, Defendant Lonnie executed and delivered into SAM's possession, a
notarized Affidavit of Confession of Judgment, authorizing SAM to enter judgment against Defendant
Defendants'
PSU and Defendant Lonnie, jointly and severally, in the event of Defendants default of the Agreement,
plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums.
10. Defendant PSU made payments under the Agreement totaling $2,677.00, and has stopped
remitting payments to SAM on or about February 26, 2018, although they are stillconducting regular
business operations and still in receipt of accounts-receivable. This is a default under the Agreement and
Amount"
there remains a balance due and owing to SAM in the amount of $12,223.00 (the "Default Amount").
11. While the Agreement does not have a provision stating that SAM must send Defendant
PSU and Defendant Lonnie a Notice of Default prior to entering any judgment, Defendant PSU and
2 of 5
FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
Defendant Lonnie were made aware that a Confession of Judgment will be entered against them lest
they settle their outstanding balance.
12. Defendant PSU and Defendant Lonnie continue to be in default per paragraph 3.1 of the
Agreement, entitled "Events of Default", and continue to refuse to honor their obligations owed to SAM,
by inter alia, blocking SAM's access to the Account, and by preventing SAM from debiting the Account
per the Agreement. See Exhibit "A", Para. 3.1.
13. Based on the foregoing, SAM requests the entry of judgment in its favor, plus interest
from February 26, 2018, the date of default whereby Defendant PSU ceased making payments pursuant
to the Agreement, and was in breach thereof.
14. Furthermore, pursuant to the Affidavit of Confession of Judgment executed by Defendant
PSU, SAM is entitled to legal fees of twenty-five percent (25%) of the Default Amount, which amount
totals $3,055.75.
15. Accordingly, there remains a balance due and owing to SAM in the amount of
$12,223.00, plus interest from February 26, 2018 (the date of default whereby Defendant PSU ceased
making payments under the Agreement), plus legal fees in the amount of $3,055.75, in addition to costs.
16. No prior request for the within-requested relief has been made.
17. SAM respectfully requests that the Court enter judgment against Defendants, jointly and
severally, in the amount of $12,223.00, plus interest from February 26, 2018, plus legal fees in the
amount of $3,055.75, and costs, and that the Court grant such other and further relief as this Court
deems just and proper.
3 of 5
FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
Dated: Jersey City, New Jersey
April I 1,2018
GUICHARD LUCIEN
On April 11, 2018, before me, the undersigned Notary Public in and for said state, personally appeared
GUICHARD LUCIEN, personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she
executed the same in his/her capacity, and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
NOTARY PUBLIC
(yy(lliillliii(
I;
ol i(0
~~ d'j'.. 03-0~-:. '~q
/y~ ~E OF +iIII'
>/li u u i)(h
4 of 5
FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
Index No. Year RJI No. Hon.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
WORLD GLOBAL CAPITAL, LLC D/B/A SAMSON ADVANCE,
Plaintiff,
-against-
LONNIE BECUDE d/b/a PRO-SEAL USA and LONNIE BECUDE,
Defendants.
AFFIDAVIT WITH EXHIBITS
RENATA BUKHMAN, Esq.
Attorney for Plaintiff
Office and Post Office Address, Telephone
17 STATE STREET
SUITE 4000
NEW YORK, NEW YORK 10004
PHONE: (646)774-3308
FAX: (978)313-6609
Serviceof a copyof the within is hereby
admitted.
Dated,
Attorney(s)for
Pleasetakenotice
O Notice of Entry
thatthewithin is a (certified)true copy of a
duly enteredin the office of the clerk of the within namecourton
O Notice of settlement
thatanorder of which thewithin is a true copy will bepresentedfor
settlementto theHON. oneof thejudges
of thewithin namedcourt, at on at
Dated, Yours, etc.
Attorney(s)for
5 of 5
Preview
FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE WORLD GLOBAL CAPITAL, LLC D/B/A SAMSON Index No.: ADVANCE, AFFIDAVIT IN SUPPORT Plaintiff, -against- LONNIE BECUDE d/b/a PRO-SEAL USA and LONNIE BECUDE, Defendants. STATE OF NEW JERSEY ) ) ss.: COUNTY OF HUDSON ) GUICHARD LUCIEN, being duly sworn, upon information and belief, deposes and says: 1. I am a natural person over the age of 18 and reside in the State of New York. I am an Account Manager for Plaintiff WORLD GLOBAL CAPITAL, LLC D/B/A SAMSON ADVANCE ("SAM") and, as such, am fully familiar with the facts and circumstances hereinafter set forth. 2. I make this Affidavit in support of SAM's entry of a Judgment by Confession against (" Defendant LONNIE BECUDE d/b/a PRO-SEAL USA ("Defendant PSU") and Defendant LONNIE (" "Defendants" BECUDE ("Defendant Lonnie") (collectively, "Defendants"). 3. On October 23, 2017, Defendant PSU entered into a secured merchant agreement (the "Agreement" accounts- "Agreement") whereby SAM agreed to buy all rights of the Defendant PSU's future receivable, having a face value of $14,900.00. The purchase price for these receivables was $10,000.00. "A" Attached hereto as Exhibit is a true and accurate copy of the Agreement. 4. Pursuant to the Agreement, Defendant PSU authorized SAM to debit from its bank account, by means of an online ACH debit, a percentage of Defendant PSU's accounts-receivable (the Percentage" —$14,900.00 —was "Specified ),until the purchased amount of receivables paid in full. 1 of 5 FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 5. Defendant PSU agreed to exclusively use one bank account approved by SAM (the "Account" "Account"), into which Defendant PSU agreed to deposit all of itsreceipts, and from which SAM was to conduct its ACH debits of the Specified Percentage of said receipts. 6. The Agreement provided that in the event Defendant PSU used a bank account other than the Account, or Defendant PSU prevented SAM from debiting the Account, either by instructing the bank to block SAM's ACH debits or via other means, Defendant PSU was in default of the Agreement. See Exhibit "A", Para. 3.1. 7. In addition, Defendant Lonnie executed a personal guarantee of performance, guaranteeing Defendant PSU's performance of its obligations under the Agreement (the "Personal Guarantee" Guarantee"). See Exhibit "A". 8. The Personal Guarantee provides that in the event of Defendant PSU's default under any of the terms of the Agreement, including blocking ACH debits or depositing their accounts-receivable into a bank account other than the Account, SAM may enforce its rights against Defendant PSU under the Agreement against Defendant Lonnie, without first seeking recourse from Defendant PSU. 9. Furthermore, Defendant Lonnie executed and delivered into SAM's possession, a notarized Affidavit of Confession of Judgment, authorizing SAM to enter judgment against Defendant Defendants' PSU and Defendant Lonnie, jointly and severally, in the event of Defendants default of the Agreement, plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums. 10. Defendant PSU made payments under the Agreement totaling $2,677.00, and has stopped remitting payments to SAM on or about February 26, 2018, although they are stillconducting regular business operations and still in receipt of accounts-receivable. This is a default under the Agreement and Amount" there remains a balance due and owing to SAM in the amount of $12,223.00 (the "Default Amount"). 11. While the Agreement does not have a provision stating that SAM must send Defendant PSU and Defendant Lonnie a Notice of Default prior to entering any judgment, Defendant PSU and 2 of 5 FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 Defendant Lonnie were made aware that a Confession of Judgment will be entered against them lest they settle their outstanding balance. 12. Defendant PSU and Defendant Lonnie continue to be in default per paragraph 3.1 of the Agreement, entitled "Events of Default", and continue to refuse to honor their obligations owed to SAM, by inter alia, blocking SAM's access to the Account, and by preventing SAM from debiting the Account per the Agreement. See Exhibit "A", Para. 3.1. 13. Based on the foregoing, SAM requests the entry of judgment in its favor, plus interest from February 26, 2018, the date of default whereby Defendant PSU ceased making payments pursuant to the Agreement, and was in breach thereof. 14. Furthermore, pursuant to the Affidavit of Confession of Judgment executed by Defendant PSU, SAM is entitled to legal fees of twenty-five percent (25%) of the Default Amount, which amount totals $3,055.75. 15. Accordingly, there remains a balance due and owing to SAM in the amount of $12,223.00, plus interest from February 26, 2018 (the date of default whereby Defendant PSU ceased making payments under the Agreement), plus legal fees in the amount of $3,055.75, in addition to costs. 16. No prior request for the within-requested relief has been made. 17. SAM respectfully requests that the Court enter judgment against Defendants, jointly and severally, in the amount of $12,223.00, plus interest from February 26, 2018, plus legal fees in the amount of $3,055.75, and costs, and that the Court grant such other and further relief as this Court deems just and proper. 3 of 5 FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 Dated: Jersey City, New Jersey April I 1,2018 GUICHARD LUCIEN On April 11, 2018, before me, the undersigned Notary Public in and for said state, personally appeared GUICHARD LUCIEN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC (yy(lliillliii( I; ol i(0 ~~ d'j'.. 03-0~-:. '~q /y~ ~E OF +iIII' >/li u u i)(h 4 of 5 FILED: ERIE COUNTY CLERK 04/11/2018 02:45 PM INDEX NO. 805776/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 Index No. Year RJI No. Hon. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE WORLD GLOBAL CAPITAL, LLC D/B/A SAMSON ADVANCE, Plaintiff, -against- LONNIE BECUDE d/b/a PRO-SEAL USA and LONNIE BECUDE, Defendants. AFFIDAVIT WITH EXHIBITS RENATA BUKHMAN, Esq. Attorney for Plaintiff Office and Post Office Address, Telephone 17 STATE STREET SUITE 4000 NEW YORK, NEW YORK 10004 PHONE: (646)774-3308 FAX: (978)313-6609 Serviceof a copyof the within is hereby admitted. Dated, Attorney(s)for Pleasetakenotice O Notice of Entry thatthewithin is a (certified)true copy of a duly enteredin the office of the clerk of the within namecourton O Notice of settlement thatanorder of which thewithin is a true copy will bepresentedfor settlementto theHON. oneof thejudges of thewithin namedcourt, at on at Dated, Yours, etc. Attorney(s)for 5 of 5