Preview
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
Cavalry SPV I,LLC
Plaintiff, SUMMONS
-against- Index No.:
Date Filed:
Kristine D Oles
33 Marsdale Ct
Selkirk NY 12158
Defendant(s).
TO THE ABOVE-NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint annexed
hereto by serving a copy of your Answer on Plaintiff's attorneys within twenty (20) days after service
ofthis Summons, exclusive of the date of service (or within thirty (30) days after service is complete
if this Summons is not personally delivered to you in New York State) and in case of your failure
to appear or answer, Judgment will be taken against you by default for the amount of money
demanded in the annexed Verified Complaint.
Dated: August 11, 2021 GIRVIN & F AZZO, P.C.
By:
Christopher P Langlois, Esq.
Attorneys for Plaintiff
Office and P.O. Address
P. O. Box 11623
Albany, New York 12211
(877) 814-6976
The basis of venue designated above is that Defendant(s) reside(s) in the County of Albany.
1 of 11
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
Cavalry SPV I,LLC
Plaintiff VERIFIED
COMPLAINT
-against-
Index No.:
Dated Filed:
Kristine D Oles
33 Marsdale Ct
Selkirk NY 12158
Defendant.
Plaintiff Cavalry SPV I,LLC by and through itsattorneys, Girvin & Ferlazzo, P.C., sets for
the following as and for its Verified Complaint against the Defendant:
1. Plaintiff Cavalry SPV I, LLC is a foreigñ limited liability company duly organized
and existing under the laws of the State of Delaware, and is duly registered to do business in the
State of New York.
2. At all times relevant herein, Plaintiff Cavalry SPV I,LLC was duly licensed by the
New York State Department of Consumer Affairs (License No, 1327348), and has been continuously
so licensed since 2009.
3. Defendant applied for and was granted a credit account by Plaintiff's predecessor-in
interest, Department Stores National Bank/Macy's, designated and assigned Account No.
********5190.
4. Defendant failed to timely make one or more monthly payments toward the
outstanding balance, as required under the terms and conditions governing said credit account, and
2 of 11
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was in default of said credit agreement..
5. In order to resolve the default, the Plaintiff and Defendant entered into a Stipulation
of Settlement (hereinafter "Stipulation") on April 30, 2021 wherein the Defendant admitted that he
owes a total of $2,517.82 and agreed to make installments payments in the amount of $105.00 on
or by the last business day of each month beginning April 30, 2021. A copy of the Stipulation is
attached.
6. The Defendant paid a total of $105.00 pursuant to the Stipulation, the last payment
being made on May 11, 2021.
7. The Defendant failed to continue to make payments as agreed to in the Stipulation
and therefore is in default of the Stipulation
8. Pursuant to the terms of the Stipulation, a written notice that the Defendant was in
breach of the Defendant's obligations under the Stipulation was sent to the Defendant on July 29,
2021. A copy of the written notice is attached
9. The Defendant failed to cure the breach of the Defendant's obligations under the
Stipulation.
10. By reason of the foregoing and in accordance with the terms of the Stipulation, the
Defendant is indebted to the Plaintiff in the amount of $2,412.82, which is the original agreed upon
amount less all amounts paid pursuant to the Stipulation.
3 of 11
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
WHEREFORE, Plaintiff Cavalry SPV I, LLC demands that Judgment be entered herein
against the named Defendant in the amount of $2,412.82, together with the costs and disbursements
of the action.
Dated: August 11, 2021
GIRVIN & FERLAZZO, P.C.
Attorneys for Plain
By:
Christopher P Langlois
Office and P.O. Address
20 Corporate Woods Boulevard
Albany, New York 12211
T: 518-462-0300
F: 518-462-5037
4 of 11
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
VERIFICATION
STATE OF NEW YORK )
) S.S.:
COUNTY OF ALBANY )
Christopher P Langlois, being duly sworn, deposes and states that he is an attorney duly
admitted to practice in the State of New York, and is an associate of Girvin & Ferlazzo, P.C.,
attorneys for Plaintiff in the above captioned action; that he has read the foregoing Verified
Complaint and is familiar with the contents thereof; and that the matters set forth therein are true to
his knowledge, except as to matters therein stated to be alleged upon information and belief, and as
to those matters he believes them to be true.
The grounds of deponent's belief are his review of documents and other information
pertaining to the matters raised herein. The reason why this Verification is not made by the parties
represented by the undersigned is that such parties do not reside in the county where the undersigned
has his office.
Christopher P Langlois
Swom to before me this
gust 11, 2021
ot Public, State of New York
JUDITH A. MOAK
NOTARY PUBLl0 State M New York
No 01M06080559
Oualifiea m Albany County
2
Commission Expires 9/16/20-1
5 of 11
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
SUPREMECOURT OF THE STATE OF NEW YORK
COUNTYOFALBANY
Cavalry SPV I,LLC
Plaintiff/Petitioner,
- against-
Kristine D OleS IndexNo.
Defendant/Respondent.
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that thematter captionedabove,which hasbeencommcncedby filing of the accomp=ying decürucat with the County
Clerk, is subjectto mandatoryelectronic filing pursuantto Section202.5-bbof the Uniform Rules for the Trial Courts. This notice is being servedasrequired
by Subdivision (b) (3) of that Section.
The New York StateCourts Electronic Filing System("NYSCEF") is designedfor the electronic filing of documentswith the County Clerk and
thecourt andfor the electronicserviceofthose docum=t,
court documents,andcourt noticesupon ecuneelandself-representedparties.Counseland/orparties
who do not notify the court of a claimed eæ.ption
(see below) as required by Section 202.5-bb(e) must immahtely
record their representationwithin the
e-filed matter on the Consentpage in NYSCEF. Failure to do so may result in an inability to receiveelectronic notice of document filings.
E=mptic= from mandatorye-filing are limited to: 1) attorneyswho certify in good faith that they lack the computer equipmentand (along with
all employees) the requisiteknowledge to comply; and 2) self-representedparties who choosenot to participãte in e-filing. For additional !---r±n
about
electronic filing, including accessto Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF ResourceCenterat
646386-3033or efile(4courts.state.ny.us.
Dated: August 11,2021
(Sigaâtürc) 20 Corcorate Woods Blvd. Albany.. NY
1221I (Address)
P Langlois
Christopher (Name) 5 18-462-0300
(Phone)
Girvin& Ferlazzo. PC (Firm Name)
(E-Mail)
To:
Kristine D Oles
33 Marsdale Ct
Selkirk NY 12158
6 of 11
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
STATE OF NEW YORK
COUNTY OF
Cavalry SPV I,LLC,
Plaintiff, Index No,:
-against-
Kristine D Oles,
Defendant.
STIPULATION OF SETTLEMENT
This Stipulation of Senlement ("Stipulailow') is entered into by and hetween Cavalry SPV I,
LLC, ("Cavalry") and Kristine D Oles ("Defendant").
WHEREAS, Cavalry, as assignee of Department Stores National Bank/Macy's, has filed or
intends to file the above captioned action seeking to recover from Defendant the amount of
$2,517.82, which is due and owing from Defoudant to Cavalry under a credit account (Account No.
********5190) granted by Cavalry's predecessor-in-interest, of which Cavalry now is the owner;
and
WHEREAS, both Cavalry and Defendânt desire to resolve the olaim herein idthoüt the need
for further litigation.
NOW, THEREFORE, itf a hereby stipu!eted and agreed between Cavalry and Defendant as
follows:
1. Defendant admits thathe/ahe owes a totalof $2,517.82 to under the above-
Cavalry
referenced credit account,
2. Defendant and Cavalry have agreed that Defendant shall pay the amount of $2,517.82
accordiñg to the terms set forth below in full satisfaction of the amounts claimed to be due and
owing under the above-referenced oredit account.
3. Defendant shall pay the amount of $2,517.82 by maldng monthly installment
payments in the amount of $ 105.00 due by the last business day of each month (the "Due Date"),
beginning April 30, 2021, and each conseeütive month thereafter untilthe agreed upon amount is
paid in full, Payment in excess of the above mir imum payment will be applied to the account
balance but shall not relieve Defendant of the obligation to pay the next mMmum payment.
P.C."
4. All payments shall be made payable to "Girvin & Ferlazzo, as attorneys and
malled to Girvin & Fedazza, P.C., P, O. Box 11623, Albany, New York 12211 so as to be received
7 of 11
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
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on or before the Due Date. Once the full amount has been paid, Cavalry will filea discontinuance
with prejudice with the court clerk.
5, In the event a judgment has been or isentered against Defendant by the Court inthis
matter, Cavalry will file a etisfstica of judgment upon D±nd=Fs making all of the payments
provided under this Stipulation.
6. In the event that Defendant defaults in any payment required under this Stipulation,
and ifsuch defauk isnot cured within ten (10) days of the mailing of a written notice of the default
by Cavalry or itsreprescatative to Defendant at 33 Marsdale Ct, Selkirk NY 12158, then the amount
of $2,517.82 less all amounts paid pursuant to this Stipulation shall become immediately due and
payable to Cavalry, and Cavalry shallbe entitled to the immediate entry of a judgracht, plus interest
and costs, against Defendant and in favor of Cavalry in that amount.
7, Defendant agrees that he/she shall notify Plaintiff's attomeys of each change of
address within 10 days of the change.
8. Defêñd:-t and Cavalry agree that the Court shall retain jurlediction over this matter
for the purposes of entering judgment based upon this Stipulation of Settlement in the event that
Defendant defaults in any payrnent ofthe emound as specified above.
9. This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be one and the same instrument. The exchange of copies of this Agreement and or
signature pages by facsimile tranarnis:sionor .pdf shall canatitute effective execution and delivery of
this Agreemcñt as to the parties and may be used in lieu of the original Agreemcat for allpurposes,
Signatures of the parties transmitted by facsimile or .pdf shall be deemed to be their original
signatures for allpurposes.
CAVALRY SPV I,LLC
By: Dated: Ù 3
/··•
, 2021
A ex S. Dahle, Esq.
Girvin & Perlazzo, P,C.
20 Corporate Woods Boulevard
Albany, New York 12211
T: 518-462-0300
F: 518-462-5037
By: Dated: 3D 2/ , 2021
Kristine D Oles
33 Marsdale Ct
Selkirk NY 12158
914/204-0525
8 of 11
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
GIRVIN
220,PC
ATTORNEY S AY LAW
P.O. Box 11623
Albany, New York 12211
tollfree:877-814-6978
fax:(518)603-7185
wwwairvinfaw,com
July 29, 2021
Kristine D Oles
33 Marsdale Ct
Selldrk NY 12158
Re: Cavalry SPV I,LLC vs. Kristine D Oles
Cavahy Account No: 21881507
Dear Kristine D Oles:
This fmn represents Cavalry SPV I,LLC, in the above-referenced matter.
"6"
Pursuant to Paragraph of the enclosed Stipulation of Senlement, please accept this
letter as written notice that we have not received the stipulated payments of $105.00 due in May
and June, 2021, toward the balance of $2,517.82, of which $2,412.82 remains due and owing.
As a result, you are in default of the Stipulation of Settlement.
Pursuant to the Stipulation, to cure this default you must pay a total of $210.00 to this
office within ten (10) days of the mailing of this notice. If you fail to cure this default, we shall
be entitled to pursue allrights and remedies available under law, a judgnient in
including seeking
court against you.
Thank you for your anticipated cooperation.
Very truly yours,
Girvin & F a , .C.
By:
Christopher P. Langlois, Esq.
CPL/dl
Enclosures
PURSUANT TO 15 USC 1692(E)(11), PLEASE TAKE NOTICE THAT THIS
COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT
A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
9 of 11
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
Transaction History For Account: 21881507
Transaction Date TransactionType Amount
05/11/21 CREDIT -$105.00
12/23/20 INITIALBALANCE $2517.82
Wednesday, July28, 2021 CavalryTr=nsactionHistory Page 1/1
10 of 11
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021
$000.512 DaiM11464282
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11 of 11
Preview
FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY Cavalry SPV I,LLC Plaintiff, SUMMONS -against- Index No.: Date Filed: Kristine D Oles 33 Marsdale Ct Selkirk NY 12158 Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to appear and answer the Verified Complaint annexed hereto by serving a copy of your Answer on Plaintiff's attorneys within twenty (20) days after service ofthis Summons, exclusive of the date of service (or within thirty (30) days after service is complete if this Summons is not personally delivered to you in New York State) and in case of your failure to appear or answer, Judgment will be taken against you by default for the amount of money demanded in the annexed Verified Complaint. Dated: August 11, 2021 GIRVIN & F AZZO, P.C. By: Christopher P Langlois, Esq. Attorneys for Plaintiff Office and P.O. Address P. O. Box 11623 Albany, New York 12211 (877) 814-6976 The basis of venue designated above is that Defendant(s) reside(s) in the County of Albany. 1 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY Cavalry SPV I,LLC Plaintiff VERIFIED COMPLAINT -against- Index No.: Dated Filed: Kristine D Oles 33 Marsdale Ct Selkirk NY 12158 Defendant. Plaintiff Cavalry SPV I,LLC by and through itsattorneys, Girvin & Ferlazzo, P.C., sets for the following as and for its Verified Complaint against the Defendant: 1. Plaintiff Cavalry SPV I, LLC is a foreigñ limited liability company duly organized and existing under the laws of the State of Delaware, and is duly registered to do business in the State of New York. 2. At all times relevant herein, Plaintiff Cavalry SPV I,LLC was duly licensed by the New York State Department of Consumer Affairs (License No, 1327348), and has been continuously so licensed since 2009. 3. Defendant applied for and was granted a credit account by Plaintiff's predecessor-in interest, Department Stores National Bank/Macy's, designated and assigned Account No. ********5190. 4. Defendant failed to timely make one or more monthly payments toward the outstanding balance, as required under the terms and conditions governing said credit account, and 2 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 was in default of said credit agreement.. 5. In order to resolve the default, the Plaintiff and Defendant entered into a Stipulation of Settlement (hereinafter "Stipulation") on April 30, 2021 wherein the Defendant admitted that he owes a total of $2,517.82 and agreed to make installments payments in the amount of $105.00 on or by the last business day of each month beginning April 30, 2021. A copy of the Stipulation is attached. 6. The Defendant paid a total of $105.00 pursuant to the Stipulation, the last payment being made on May 11, 2021. 7. The Defendant failed to continue to make payments as agreed to in the Stipulation and therefore is in default of the Stipulation 8. Pursuant to the terms of the Stipulation, a written notice that the Defendant was in breach of the Defendant's obligations under the Stipulation was sent to the Defendant on July 29, 2021. A copy of the written notice is attached 9. The Defendant failed to cure the breach of the Defendant's obligations under the Stipulation. 10. By reason of the foregoing and in accordance with the terms of the Stipulation, the Defendant is indebted to the Plaintiff in the amount of $2,412.82, which is the original agreed upon amount less all amounts paid pursuant to the Stipulation. 3 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 WHEREFORE, Plaintiff Cavalry SPV I, LLC demands that Judgment be entered herein against the named Defendant in the amount of $2,412.82, together with the costs and disbursements of the action. Dated: August 11, 2021 GIRVIN & FERLAZZO, P.C. Attorneys for Plain By: Christopher P Langlois Office and P.O. Address 20 Corporate Woods Boulevard Albany, New York 12211 T: 518-462-0300 F: 518-462-5037 4 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 VERIFICATION STATE OF NEW YORK ) ) S.S.: COUNTY OF ALBANY ) Christopher P Langlois, being duly sworn, deposes and states that he is an attorney duly admitted to practice in the State of New York, and is an associate of Girvin & Ferlazzo, P.C., attorneys for Plaintiff in the above captioned action; that he has read the foregoing Verified Complaint and is familiar with the contents thereof; and that the matters set forth therein are true to his knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters he believes them to be true. The grounds of deponent's belief are his review of documents and other information pertaining to the matters raised herein. The reason why this Verification is not made by the parties represented by the undersigned is that such parties do not reside in the county where the undersigned has his office. Christopher P Langlois Swom to before me this gust 11, 2021 ot Public, State of New York JUDITH A. MOAK NOTARY PUBLl0 State M New York No 01M06080559 Oualifiea m Albany County 2 Commission Expires 9/16/20-1 5 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 SUPREMECOURT OF THE STATE OF NEW YORK COUNTYOFALBANY Cavalry SPV I,LLC Plaintiff/Petitioner, - against- Kristine D OleS IndexNo. Defendant/Respondent. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that thematter captionedabove,which hasbeencommcncedby filing of the accomp=ying decürucat with the County Clerk, is subjectto mandatoryelectronic filing pursuantto Section202.5-bbof the Uniform Rules for the Trial Courts. This notice is being servedasrequired by Subdivision (b) (3) of that Section. The New York StateCourts Electronic Filing System("NYSCEF") is designedfor the electronic filing of documentswith the County Clerk and thecourt andfor the electronicserviceofthose docum=t, court documents,andcourt noticesupon ecuneelandself-representedparties.Counseland/orparties who do not notify the court of a claimed eæ.ption (see below) as required by Section 202.5-bb(e) must immahtely record their representationwithin the e-filed matter on the Consentpage in NYSCEF. Failure to do so may result in an inability to receiveelectronic notice of document filings. E=mptic= from mandatorye-filing are limited to: 1) attorneyswho certify in good faith that they lack the computer equipmentand (along with all employees) the requisiteknowledge to comply; and 2) self-representedparties who choosenot to participãte in e-filing. For additional !---r±n about electronic filing, including accessto Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF ResourceCenterat 646386-3033or efile(4courts.state.ny.us. Dated: August 11,2021 (Sigaâtürc) 20 Corcorate Woods Blvd. Albany.. NY 1221I (Address) P Langlois Christopher (Name) 5 18-462-0300 (Phone) Girvin& Ferlazzo. PC (Firm Name) (E-Mail) To: Kristine D Oles 33 Marsdale Ct Selkirk NY 12158 6 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 STATE OF NEW YORK COUNTY OF Cavalry SPV I,LLC, Plaintiff, Index No,: -against- Kristine D Oles, Defendant. STIPULATION OF SETTLEMENT This Stipulation of Senlement ("Stipulailow') is entered into by and hetween Cavalry SPV I, LLC, ("Cavalry") and Kristine D Oles ("Defendant"). WHEREAS, Cavalry, as assignee of Department Stores National Bank/Macy's, has filed or intends to file the above captioned action seeking to recover from Defendant the amount of $2,517.82, which is due and owing from Defoudant to Cavalry under a credit account (Account No. ********5190) granted by Cavalry's predecessor-in-interest, of which Cavalry now is the owner; and WHEREAS, both Cavalry and Defendânt desire to resolve the olaim herein idthoüt the need for further litigation. NOW, THEREFORE, itf a hereby stipu!eted and agreed between Cavalry and Defendant as follows: 1. Defendant admits thathe/ahe owes a totalof $2,517.82 to under the above- Cavalry referenced credit account, 2. Defendant and Cavalry have agreed that Defendant shall pay the amount of $2,517.82 accordiñg to the terms set forth below in full satisfaction of the amounts claimed to be due and owing under the above-referenced oredit account. 3. Defendant shall pay the amount of $2,517.82 by maldng monthly installment payments in the amount of $ 105.00 due by the last business day of each month (the "Due Date"), beginning April 30, 2021, and each conseeütive month thereafter untilthe agreed upon amount is paid in full, Payment in excess of the above mir imum payment will be applied to the account balance but shall not relieve Defendant of the obligation to pay the next mMmum payment. P.C." 4. All payments shall be made payable to "Girvin & Ferlazzo, as attorneys and malled to Girvin & Fedazza, P.C., P, O. Box 11623, Albany, New York 12211 so as to be received 7 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 on or before the Due Date. Once the full amount has been paid, Cavalry will filea discontinuance with prejudice with the court clerk. 5, In the event a judgment has been or isentered against Defendant by the Court inthis matter, Cavalry will file a etisfstica of judgment upon D±nd=Fs making all of the payments provided under this Stipulation. 6. In the event that Defendant defaults in any payment required under this Stipulation, and ifsuch defauk isnot cured within ten (10) days of the mailing of a written notice of the default by Cavalry or itsreprescatative to Defendant at 33 Marsdale Ct, Selkirk NY 12158, then the amount of $2,517.82 less all amounts paid pursuant to this Stipulation shall become immediately due and payable to Cavalry, and Cavalry shallbe entitled to the immediate entry of a judgracht, plus interest and costs, against Defendant and in favor of Cavalry in that amount. 7, Defendant agrees that he/she shall notify Plaintiff's attomeys of each change of address within 10 days of the change. 8. Defêñd:-t and Cavalry agree that the Court shall retain jurlediction over this matter for the purposes of entering judgment based upon this Stipulation of Settlement in the event that Defendant defaults in any payrnent ofthe emound as specified above. 9. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be one and the same instrument. The exchange of copies of this Agreement and or signature pages by facsimile tranarnis:sionor .pdf shall canatitute effective execution and delivery of this Agreemcñt as to the parties and may be used in lieu of the original Agreemcat for allpurposes, Signatures of the parties transmitted by facsimile or .pdf shall be deemed to be their original signatures for allpurposes. CAVALRY SPV I,LLC By: Dated: Ù 3 /··• , 2021 A ex S. Dahle, Esq. Girvin & Perlazzo, P,C. 20 Corporate Woods Boulevard Albany, New York 12211 T: 518-462-0300 F: 518-462-5037 By: Dated: 3D 2/ , 2021 Kristine D Oles 33 Marsdale Ct Selkirk NY 12158 914/204-0525 8 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 GIRVIN 220,PC ATTORNEY S AY LAW P.O. Box 11623 Albany, New York 12211 tollfree:877-814-6978 fax:(518)603-7185 wwwairvinfaw,com July 29, 2021 Kristine D Oles 33 Marsdale Ct Selldrk NY 12158 Re: Cavalry SPV I,LLC vs. Kristine D Oles Cavahy Account No: 21881507 Dear Kristine D Oles: This fmn represents Cavalry SPV I,LLC, in the above-referenced matter. "6" Pursuant to Paragraph of the enclosed Stipulation of Senlement, please accept this letter as written notice that we have not received the stipulated payments of $105.00 due in May and June, 2021, toward the balance of $2,517.82, of which $2,412.82 remains due and owing. As a result, you are in default of the Stipulation of Settlement. Pursuant to the Stipulation, to cure this default you must pay a total of $210.00 to this office within ten (10) days of the mailing of this notice. If you fail to cure this default, we shall be entitled to pursue allrights and remedies available under law, a judgnient in including seeking court against you. Thank you for your anticipated cooperation. Very truly yours, Girvin & F a , .C. By: Christopher P. Langlois, Esq. CPL/dl Enclosures PURSUANT TO 15 USC 1692(E)(11), PLEASE TAKE NOTICE THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 9 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 Transaction History For Account: 21881507 Transaction Date TransactionType Amount 05/11/21 CREDIT -$105.00 12/23/20 INITIALBALANCE $2517.82 Wednesday, July28, 2021 CavalryTr=nsactionHistory Page 1/1 10 of 11 FILED: ALBANY COUNTY CLERK 08/12/2021 10:01 AM INDEX NO. 907100-21 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/12/2021 $000.512 DaiM11464282 12211 ZIP has NEOPOST 12158 OLES CT MARSDALE NY D RISTINE SELKRK 33 .. I .. ... - - .- 12214 11623 c GIRVIN P Albany,NewYork P.O.BOX o, Z Z F 11 of 11