Preview
FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021
coNstn@R cREDI'r rRAlIsAclroN (NoN-c$RD)
SUPREME COURT OF THE STATE OF NEW YORK
:::T:_::_:::::::: _____ _ __ __x fndex No.
MID*HUDSON VALLEY FEDERAL CRSDIT UNION, Dale filed:
f./K/a CENTRAL HUDSON EMPLOYEES FEDERAL Plaintiff designates
CREDIT UNION DUTCHESS County as
the place of trial
The basis of venue is
the county where t.he
Plaintiff, Defendant resides.
*against-
SUMMONS
Plaintiff/ s address:
DONNA WHEATLY, 1099 Morton Blvd.
--:::::illl:----"
(S)
[:13;;'3; ill"131o'
TO THE ABOVE NAMED DEFENDANT :
YOU ARE HEREBY SUMMONED to answer the complaint in this
action and to serve a copy of your answer r QYr if the complaint
is not served with this summons, to serve a notice of
appearance/ on the Plaintiff's Attorney(s) within 20 days after
the service of this summons, exclusive of the day of service ( or
within 30 days after the service is complete if this summons i s
not personally delivered to you within the State of New York);
and in case of your failure to appear or wer, judgment will
be taken agaj-nst you by default for the manded herein.
Dated: Purchase, NY
June 15, 202I PE FREEDMAN
e (s) for Plaintiff
Defendant's Address: West chester Ave., Ste 410
L27 Fulton Ave. rchase, NY L0517
Poughkeepsie, NY L2603 (9L41 289-0040
Upon your failure to appear, judgment will be taken against you
by default for the sum of $9,951,.68' with interest from
September 28, 20L7, and the costs of thls actj-on.
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FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021
SUPREME COURT OF THE STATE OT NElf YORK
COUNTY OT DUTCHESS
*--------x
MTD.HUDSON VALT,EY FEDERAL CREDIT UNTON,
T/K/a CENTRAL HUDSON EMPLOYEES
TEDERAL CREDIT UNION lndex No.
Plaintiff,
VERITIED COMPLAI
-against-
DONNA WHEATLY,
----::::l1ill:----"
Plaintiff Mid-Hudson Valley Federal Credit Union, f/k/a
Central Hudson Employees Federal Credit Union, by its attorney'
Perry Dean Freedmanr ES and for its verified complaint against
Defendant alleges as follows:
THE PARTIE$
1. Plaintiff is a Federal Credit Union, organized and existing
under and by virtue of the Federal Credit Union Act, LZ U.S.C.
1787 (a) (1) , with offices located at 1-099 Morton BIvd.,
Kingston, New York,
2. Defendant, DONNA WHEATI,Y/ is upon information and belief, and
at all times hereinafter mentioned was' a natural person
residing at t27 I'ulton Ave, Apt J2, Poughkeepsie, NY 12603.
AS AND FOR A FIRST CAUSE OF ACTION
T]N PAYMENT OF PROMTSSORY NOTE
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FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021
3. On August 11, L994, Defendant executed a promissory note in
favor of Plaintiff, pursuant to which Plaintiff l-ent Defendant
the sum of $5,000.00, and Defendant. promised to repay said sum
at an interest rat.e of 8.258 by monthly payments.
4. Pursuant to the terms of the promissory note, Defendant is in
default of same, and the full balance of the note is
automatically accelerated, in the event Defendant fails to
make any monthly payment as stated above.
5. Def endant i-s in def ault in payment of the promissory note by
failing Lo make any payments to Plaintiff since March 2J,
2017, and the balance due and owing Pl-aintlff after crediting
Defendant with any and all payments made thereunder, is the
sum of $4, 457 . 1L.
6 Pursuant to the terms of the promissory note' upon Defendant's
default in payment of same, Defendant is required to pay all
Plaintiff's costs and reasonable attorney's fees incurred in
coll-ecting the sums owed.
?. As a result of Defendant's default in payment of the
promissory note, Plaintiff has been damaged in the sum of
$4,451 .7r, plus interest from September 28, 201"7 ,
AS AND FOR A SECOND CAUSE OT'ACTION
(BREACH OF CREDIT AGREEMENT)
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FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021
8. On or about Aprit 6 , 20L7, Plaintiff and Defendant entered
into a "Visa credit card agreement" (hereinafter "the credit
agreement"), pursuant to which Plaintiff issued Defendant- a
Vlsa credit card, for purposes of advancing credit to
Defendant, and Defendant aqreed to repay Plaintiff on a
monthly basis at an interest rat.e of L2 .7 42 .
9. Pursuant to the aforesaid credit agreement, Plaintiff, at
Defendant's specific requests, advanced monies on Defendant's
behalf at the aforesaid agreed upon interest rate.
1-0. Ptaintiff advanced the sum of $5,494.57 to Defendant and
Defendant has failed to lepay said sum or any part thereof,
and is in defaul-t of the aforesaid credit agreement.
11. By reason of Defendant's breach of contract, Plaintiff has
been damaged in the sum of $5,494,57, plus interest from
September 28, 201,1 .
WHEREFORE, it is respectfully requested that judgment be
granted as foll-ows:
L) 0n the first. cause of action:
2) For the sum of $4,457.lL, plus interest from September 28,
201-1 ;
3) On the second cause of action:
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FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647
NYSCEF
1 DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021
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a) f'or the sum of $5, 4 94.57 plus interest from September 28,
20t'7 i
4) For Plaintiffts reasonable attorneyrs fees j-ncurred herein;
5) For the costs and disbursementg incurred herein; and
6) For such other and further relief as lhis court deems Just and
proper.
Dated: Purchase' NY
July 30, 2A2t
Yoursl etc
DMAN
Att f Plaintiff
2500 stchester Ave., Ste 410
Purcbase, NY 105?7
(9L4) 289*0040
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FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021
VERIFICAT]ON
STATE OF NEW YORK
COUNTY OF ULSTER SS. :
HILARY NICHOLS, being duly sworn' deposes and says:
1. I am the Loss Mitigation Manager of Mid-Hudson Valley
FederaL Credlt Union, and am authorj-zed to bring the within
proceeding.
2. I have read the annexed Complaint and the contents
thereof are true t.o my own knowledqe, except as to those matters
which are alleged on information and belief, and as to those
matters, I believe them t.o be true.
3. The reason why this Verification is made by me and not by
the ptaintiff is that the plalntiff is a corporation.
4. The informati-on stated above is based on the books and
records plaintiff provided me and/or of my own personal knowledge.
NICHOLS
Sworn to before me this
L day of ftutgUS{ , 20al
MEGAN MILLER
Now\rb*
Notary Publlc, State of
No.01M16409281t
Qualllled ln UbtotCounty nqI
OTARY P IC CommlssLn ExPlrcl Septsmbet 28,20:
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Preview
FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647 .t .l NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021 coNstn@R cREDI'r rRAlIsAclroN (NoN-c$RD) SUPREME COURT OF THE STATE OF NEW YORK :::T:_::_:::::::: _____ _ __ __x fndex No. MID*HUDSON VALLEY FEDERAL CRSDIT UNION, Dale filed: f./K/a CENTRAL HUDSON EMPLOYEES FEDERAL Plaintiff designates CREDIT UNION DUTCHESS County as the place of trial The basis of venue is the county where t.he Plaintiff, Defendant resides. *against- SUMMONS Plaintiff/ s address: DONNA WHEATLY, 1099 Morton Blvd. --:::::illl:----" (S) [:13;;'3; ill"131o' TO THE ABOVE NAMED DEFENDANT : YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer r QYr if the complaint is not served with this summons, to serve a notice of appearance/ on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service ( or within 30 days after the service is complete if this summons i s not personally delivered to you within the State of New York); and in case of your failure to appear or wer, judgment will be taken agaj-nst you by default for the manded herein. Dated: Purchase, NY June 15, 202I PE FREEDMAN e (s) for Plaintiff Defendant's Address: West chester Ave., Ste 410 L27 Fulton Ave. rchase, NY L0517 Poughkeepsie, NY L2603 (9L41 289-0040 Upon your failure to appear, judgment will be taken against you by default for the sum of $9,951,.68' with interest from September 28, 20L7, and the costs of thls actj-on. 1 of 6 FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021 SUPREME COURT OF THE STATE OT NElf YORK COUNTY OT DUTCHESS *--------x MTD.HUDSON VALT,EY FEDERAL CREDIT UNTON, T/K/a CENTRAL HUDSON EMPLOYEES TEDERAL CREDIT UNION lndex No. Plaintiff, VERITIED COMPLAI -against- DONNA WHEATLY, ----::::l1ill:----" Plaintiff Mid-Hudson Valley Federal Credit Union, f/k/a Central Hudson Employees Federal Credit Union, by its attorney' Perry Dean Freedmanr ES and for its verified complaint against Defendant alleges as follows: THE PARTIE$ 1. Plaintiff is a Federal Credit Union, organized and existing under and by virtue of the Federal Credit Union Act, LZ U.S.C. 1787 (a) (1) , with offices located at 1-099 Morton BIvd., Kingston, New York, 2. Defendant, DONNA WHEATI,Y/ is upon information and belief, and at all times hereinafter mentioned was' a natural person residing at t27 I'ulton Ave, Apt J2, Poughkeepsie, NY 12603. AS AND FOR A FIRST CAUSE OF ACTION T]N PAYMENT OF PROMTSSORY NOTE 2 of 6 FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021 3. On August 11, L994, Defendant executed a promissory note in favor of Plaintiff, pursuant to which Plaintiff l-ent Defendant the sum of $5,000.00, and Defendant. promised to repay said sum at an interest rat.e of 8.258 by monthly payments. 4. Pursuant to the terms of the promissory note, Defendant is in default of same, and the full balance of the note is automatically accelerated, in the event Defendant fails to make any monthly payment as stated above. 5. Def endant i-s in def ault in payment of the promissory note by failing Lo make any payments to Plaintiff since March 2J, 2017, and the balance due and owing Pl-aintlff after crediting Defendant with any and all payments made thereunder, is the sum of $4, 457 . 1L. 6 Pursuant to the terms of the promissory note' upon Defendant's default in payment of same, Defendant is required to pay all Plaintiff's costs and reasonable attorney's fees incurred in coll-ecting the sums owed. ?. As a result of Defendant's default in payment of the promissory note, Plaintiff has been damaged in the sum of $4,451 .7r, plus interest from September 28, 201"7 , AS AND FOR A SECOND CAUSE OT'ACTION (BREACH OF CREDIT AGREEMENT) 3 of 6 FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021 8. On or about Aprit 6 , 20L7, Plaintiff and Defendant entered into a "Visa credit card agreement" (hereinafter "the credit agreement"), pursuant to which Plaintiff issued Defendant- a Vlsa credit card, for purposes of advancing credit to Defendant, and Defendant aqreed to repay Plaintiff on a monthly basis at an interest rat.e of L2 .7 42 . 9. Pursuant to the aforesaid credit agreement, Plaintiff, at Defendant's specific requests, advanced monies on Defendant's behalf at the aforesaid agreed upon interest rate. 1-0. Ptaintiff advanced the sum of $5,494.57 to Defendant and Defendant has failed to lepay said sum or any part thereof, and is in defaul-t of the aforesaid credit agreement. 11. By reason of Defendant's breach of contract, Plaintiff has been damaged in the sum of $5,494,57, plus interest from September 28, 201,1 . WHEREFORE, it is respectfully requested that judgment be granted as foll-ows: L) 0n the first. cause of action: 2) For the sum of $4,457.lL, plus interest from September 28, 201-1 ; 3) On the second cause of action: 4 of 6 FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647 NYSCEF 1 DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021 I '| a) f'or the sum of $5, 4 94.57 plus interest from September 28, 20t'7 i 4) For Plaintiffts reasonable attorneyrs fees j-ncurred herein; 5) For the costs and disbursementg incurred herein; and 6) For such other and further relief as lhis court deems Just and proper. Dated: Purchase' NY July 30, 2A2t Yoursl etc DMAN Att f Plaintiff 2500 stchester Ave., Ste 410 Purcbase, NY 105?7 (9L4) 289*0040 5 of 6 FILED: DUTCHESS COUNTY CLERK 08/25/2021 01:27 PM INDEX NO. 2021-53647 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/25/2021 VERIFICAT]ON STATE OF NEW YORK COUNTY OF ULSTER SS. : HILARY NICHOLS, being duly sworn' deposes and says: 1. I am the Loss Mitigation Manager of Mid-Hudson Valley FederaL Credlt Union, and am authorj-zed to bring the within proceeding. 2. I have read the annexed Complaint and the contents thereof are true t.o my own knowledqe, except as to those matters which are alleged on information and belief, and as to those matters, I believe them t.o be true. 3. The reason why this Verification is made by me and not by the ptaintiff is that the plalntiff is a corporation. 4. The informati-on stated above is based on the books and records plaintiff provided me and/or of my own personal knowledge. NICHOLS Sworn to before me this L day of ftutgUS{ , 20al MEGAN MILLER Now\rb* Notary Publlc, State of No.01M16409281t Qualllled ln UbtotCounty nqI OTARY P IC CommlssLn ExPlrcl Septsmbet 28,20: 6 of 6