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FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
SUPREMECOURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
---..--------------------------------------X
DAKA CAPITAL GROUP, INC., Index No.:
Plaintiff, AFFIDAVIT OF
NON-PAYMENT
-against-
INTERNATIONAL SCHOOLS LLC, INTERNATIONAL
SCHOOLS; ACADEMY HOME CARE SERVICES LLC;
STRAWBERRY HILL DAYCARE; HELPING HANDS
EARLY CHILDHOOD INCORPORATED;
STRAWBERRY INTERNATIONAL SCHOOLS OF
BRIDGETON and DOSSIE MAE BONDS AND
DARLENE PATE,
Defendants.
------------------------------------------X
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
JARED STARK, being duly sworn, hereby deposes and says as follows, under the
penalties of perjury:
1. I am an underwriter atDAKA CAPITAL GROUP, INC. ("DCG"), the Plaintiff in
the above-referenced action. I am fully familiar with the facts and circumstance asserted herein.
2. I make this Affidavit in support of Plaintiff's application for the entry of judgment
by confession pursuant to CPLR § 3218 against Defendants INTERNATIONAL SCHOOLS LLC,
INTERNATIONAL SCHOOLS; ACADEMY HOME CARE SERVICES LLC; STRAWBERRY
HILL DAYCARE: HELPING HANDS EARLY CHILDHOOD INCORPORATED;
STRAWBERRY INTERNATIONAL SCHOOLS OF BRIDGETON and DOSSTE MAE BONDS
"Defendants"
AND DARLENE PATE (collectively, "Defendants"), jointly and severally.
3. On or about February 26, 2018, the Parties entered into a secured merchant
"Agreement"
agreement (the "Agreement") whereby Plaintiff purchased certain future receivables from
Parties'
Defendants. The value of the receivables purchased was $74,950.00. A copy of the
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FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
Agreement is annexed hereto as Exhibit "A".
Defendants'
4. Pursuant to said Agreement, 11% of receivables purchased were to be
paid daily until the purchased amount of receivables was paid in full.
5. On or about April 11, 2018, Defendants defaulted under the Agreement by to
failing
make payment as required thereunder.
6. Upon information and belief, Defendants caused their receivables to be deposited in
a separate account or blocked the ACH payment to the Plaintiff, thus converting the receivables
purchased by Plaintiff,so that Plaintiff could not collect the receivables they purchased.
7. As of April 11, 2018, the Defendants have paid the receivables purchased due to
Plaintiff in the amount of $22,739.92.
8. There is a current outstanding balance owed to Plaintiff under the Agreement of
$57,210.08. The aforesaid amount represents all obligations owed to Plaintiff including the
outstanding balance of receivables and any fees owing to Plaintiff under the Agreement.
9. In addition, Defendant DOSSIE MAE BONDS AND DARLENE PATE executed
and delivered into DCG's possession, a notarized Affidavit of Confession, authorizing DCG to
Defendants'
enter judgment against the Defendants, jointly and severally, in the event of default
of the Agreement, plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums,
which amount totals $14,302.52.
10. Furthermore, pursuant to the Affidavit of Confession of Judgment executed by
Defendant DOSSIE MAE BONDS AND DARLENE PATE, in addition to the totalaforesaid sums,
DCG is entitled to interest at the rate of sixteen percent (16%) per annum from April 11, 2018, or
the highest rate allowed by law, whichever is greater.
11. I am fully familiar with the signature of the Confession of Judgment. It is the
signature of DOSSIE MAE BONDS AND DARLENE PATE the principal of Defendant
INTERNATIONAL SCHOOLS LLC, INTERNATIONAL SCHOOLS; ACADEMY HOME
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FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
HELPING HANDS EARLY
STRAWBERRY HILL DAYCARE;
CARE SERVICES LLC;
INTERNATIONAL SCHOOLS OF
STRAWBERRY
CHILDHOOD INCORPORATED;
full to bind
DARLENE PATE have authority
DOSSIE MAE BONDS AND
BRIDGETON, and
' the secured
negotiated and entered into
of said entities who
are the principals
the entities,and they
Confession of Judgment.
' and signed the
Plaintiff (Exhibit "A")
merchant agreement with
of their obligations.
Defendants are in breach
12. The
judgment against Defendants,
that the Court enter
request
13. therefore, respectfully
I,
the amount of $14,302.52,
plus legal fees in
the amount of $57,210.08,
and severally, in
jointly
such other and further
that the Court grant
and costs, and
interest from April 11, 2018,
plus 16%
deems just and proper.
relief as this Court
PAGE TO FOLLO%
BLANK. SIGNATURE
INTENTIONALLY LEFT
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FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018
Signature Page to Affidavit ofNon-Payment
Sworn to me this April 11, 2018
JARED S A
(
NO I
I'
~
JOSEPH SINGER
NotaryPublic,Stateof New York
Reg. No. 01S16351954
Qualifiedin NassauCounty
Commission ExpiresDecember 20, 2020
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Preview
FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 SUPREMECOURT OF THE STATE OF NEW YORK COUNTY OF ERIE ---..--------------------------------------X DAKA CAPITAL GROUP, INC., Index No.: Plaintiff, AFFIDAVIT OF NON-PAYMENT -against- INTERNATIONAL SCHOOLS LLC, INTERNATIONAL SCHOOLS; ACADEMY HOME CARE SERVICES LLC; STRAWBERRY HILL DAYCARE; HELPING HANDS EARLY CHILDHOOD INCORPORATED; STRAWBERRY INTERNATIONAL SCHOOLS OF BRIDGETON and DOSSIE MAE BONDS AND DARLENE PATE, Defendants. ------------------------------------------X STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) JARED STARK, being duly sworn, hereby deposes and says as follows, under the penalties of perjury: 1. I am an underwriter atDAKA CAPITAL GROUP, INC. ("DCG"), the Plaintiff in the above-referenced action. I am fully familiar with the facts and circumstance asserted herein. 2. I make this Affidavit in support of Plaintiff's application for the entry of judgment by confession pursuant to CPLR § 3218 against Defendants INTERNATIONAL SCHOOLS LLC, INTERNATIONAL SCHOOLS; ACADEMY HOME CARE SERVICES LLC; STRAWBERRY HILL DAYCARE: HELPING HANDS EARLY CHILDHOOD INCORPORATED; STRAWBERRY INTERNATIONAL SCHOOLS OF BRIDGETON and DOSSTE MAE BONDS "Defendants" AND DARLENE PATE (collectively, "Defendants"), jointly and severally. 3. On or about February 26, 2018, the Parties entered into a secured merchant "Agreement" agreement (the "Agreement") whereby Plaintiff purchased certain future receivables from Parties' Defendants. The value of the receivables purchased was $74,950.00. A copy of the 1 of 4 FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 Agreement is annexed hereto as Exhibit "A". Defendants' 4. Pursuant to said Agreement, 11% of receivables purchased were to be paid daily until the purchased amount of receivables was paid in full. 5. On or about April 11, 2018, Defendants defaulted under the Agreement by to failing make payment as required thereunder. 6. Upon information and belief, Defendants caused their receivables to be deposited in a separate account or blocked the ACH payment to the Plaintiff, thus converting the receivables purchased by Plaintiff,so that Plaintiff could not collect the receivables they purchased. 7. As of April 11, 2018, the Defendants have paid the receivables purchased due to Plaintiff in the amount of $22,739.92. 8. There is a current outstanding balance owed to Plaintiff under the Agreement of $57,210.08. The aforesaid amount represents all obligations owed to Plaintiff including the outstanding balance of receivables and any fees owing to Plaintiff under the Agreement. 9. In addition, Defendant DOSSIE MAE BONDS AND DARLENE PATE executed and delivered into DCG's possession, a notarized Affidavit of Confession, authorizing DCG to Defendants' enter judgment against the Defendants, jointly and severally, in the event of default of the Agreement, plus legal fees of twenty-five percent (25%) of the total of the aforesaid sums, which amount totals $14,302.52. 10. Furthermore, pursuant to the Affidavit of Confession of Judgment executed by Defendant DOSSIE MAE BONDS AND DARLENE PATE, in addition to the totalaforesaid sums, DCG is entitled to interest at the rate of sixteen percent (16%) per annum from April 11, 2018, or the highest rate allowed by law, whichever is greater. 11. I am fully familiar with the signature of the Confession of Judgment. It is the signature of DOSSIE MAE BONDS AND DARLENE PATE the principal of Defendant INTERNATIONAL SCHOOLS LLC, INTERNATIONAL SCHOOLS; ACADEMY HOME 2 of 4 FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 HELPING HANDS EARLY STRAWBERRY HILL DAYCARE; CARE SERVICES LLC; INTERNATIONAL SCHOOLS OF STRAWBERRY CHILDHOOD INCORPORATED; full to bind DARLENE PATE have authority DOSSIE MAE BONDS AND BRIDGETON, and ' the secured negotiated and entered into of said entities who are the principals the entities,and they Confession of Judgment. ' and signed the Plaintiff (Exhibit "A") merchant agreement with of their obligations. Defendants are in breach 12. The judgment against Defendants, that the Court enter request 13. therefore, respectfully I, the amount of $14,302.52, plus legal fees in the amount of $57,210.08, and severally, in jointly such other and further that the Court grant and costs, and interest from April 11, 2018, plus 16% deems just and proper. relief as this Court PAGE TO FOLLO% BLANK. SIGNATURE INTENTIONALLY LEFT 3 of 4 FILED: ERIE COUNTY CLERK 04/11/2018 07:24 PM INDEX NO. 805767/2018 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2018 Signature Page to Affidavit ofNon-Payment Sworn to me this April 11, 2018 JARED S A ( NO I I' ~ JOSEPH SINGER NotaryPublic,Stateof New York Reg. No. 01S16351954 Qualifiedin NassauCounty Commission ExpiresDecember 20, 2020 4 of 4