Preview
FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
STATE OF NEWYORK
SUPREMECOURT : COUNTYOF BROOME
_____________________________________
VISIONS FEDERAL CREDIT UNION
24 McKinley Avenue SUMMONS
Endicott, New York 13760,
INDEX NO:
Plaintiff
-against-
Muath Kinsey
509 Crocker Hill Road
Binghamton, New York 13904-2519,
Defendant.
_____________________________________
CONSUMERCREDIT TRANSACTION
TO THE ABOVE-NAMEDDEFENDANT:
YOU ARE HEREBYSUMMONED and required to serve upon
Plaintiff's attorney an Answer to the Complaint in this action
within twenty days after the service of this Summons, exclusive
of the day of service, if this Summons is personally delivered
to you within the State of New York, or within thirty days after
service is complete, if this Summons is not personally delivered
to you within the State of New York. In case of your failure to
answer, judgment will be taken against you by default and for
the relief demanded in the Complaint.
of residence
The County of Defendant is Broome county, and
transact'
the county where the consumer credit took place is
Broome county.
The basis of the venue designate s the county where the
Defendant resides.
Dated: May 17, 2024
W liam M. Tho s, Esq.
SWAD & INGRAHAM,
Attorneys for Plaintiff
Office and P. O. Address
46 Front Street
Binghamton, New York 13905
Telephone: (607) 722-3495
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
STATE OF NEW YORK
SUPREMECOURT : COUNTYOF BROOME
_____________________________________
VISIONS FEDERAL CREDIT UNION
24 McKinley Avenue COMPLAINT
Endicott, New York 13760,
INDEX NO:
Plaintiff,
-against-
Muath Kinsey
509 Crocker Hill Road
Binghamton, New York 13904-2519,
Defendant.
_____________________________________
The Plaintiff, by its attorneys, Aswad & Ingraham, LLP, for
its complaint herein, alleges:
1. That the Plaintiff was at all times hereinafter
mentioned and still is, a Federal Credit Union with a principal
place of business at 24 McKinley Avenue, in the Village of
Endicott, County of Broome and State of New York.
2. That upon information and belief, the Defendant resides
at: 509 Crocker Hill Road, Binghamton, New York 13904-2519.
3. That for the purpose of obtaining a line of credit and
other credit rights, the Defendant entered, and executed a
Credit Card Agreement with the Plaintiff which provided for a
credit line and an arrangement for payment of the debt to the
Plaintiff. That Agreement is identified as follows: Dated:
March 28, 2023; Approved Line of Credit: $5,000.00; Last four
digits of account number: 8900. A copy of said Agreement is
attached hereto.
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
4. That the Defendant has defaulted on its obligation
under the Agreement to make the full payment due on September
28, 2023.
5. That the last payment made by Defendant to Plaintiff
on this obligation was received September 15, 2023, in the
amount of $303.00.
6. That due demand for payment has been made, the
necessary payments have not been made, and the entire amount
owing, with interest, is now in default and due and payable.
7. That attached hereto is the most recent statement of
account related to this obligation, which was provided to
Defendant on or about April 1, 2024. Also, attached is a copy
of the most recent monthly statement recording a purchase
transaction, last payment, or a balance transfer. The statement
shows an account balance of $5,113.06 as of September 30, 2023.
8. That the amount due is as follows: $5,121.59, which was
the amount owed at the time of charge off, plus interest in the
amount of $202.06 from February 27, 2024, the date of charge-
off, at the per annum rate of 18.00% plus interest to the date
of judgment, plus attorney fees to be determined by the Court
and costs and disbursements in the approximate amount of
$700.00.
WHEREFOREthe Plaintiff demands judgment against the
Defendant in the amount of $5,121.59, which was the amount owed
at the time of charge off, plus interest from February 27, 2024,
2
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
at the per annum rate of 18.00%, plus attorney fees to be
determined by the Court and costs and disbursements in the
approximate amount of $700.00, and for such other and further
relief as to the Court may seem just and proper.
Dated: May 17, 2024
W¼lliam M. Thomas, sq.
SWAD& INGRAHAM, LLP
Attorneys for Plaintiff
Office and P.O. Address
46 Front Street
Binghamton, New York 13905
Tele.: 607-722-3495
3
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
VERIFICATION OF COMPLAINT
STATE OF NEWYORK )
COUNTYOF BROOME ) ss.:
CHRISTOPHERALFARANO being duly sworn, did depose and say that
he is the Vice President/Chief Lending Officer of Visions
Federal Credit Union, the Corporation named in the within
action; that deponent has read the foregoing Complaint and knows
the contents thereof; and that the same is true to deponent's
own knowledge, except as to the matters therein stated to be
alleged on information and belief, and as to those matters
deponent believes it to be true. This verification is made by
deponent because Visions Federal Credit Union is a Federal
Credit Union. Deponent is an officer thereof, to-wit, its Vice
President/Chief Lending Officer. The grounds of deponent's
belief as to all matters not stated upon deponent's knowledge
are from review of the Credit Union files.
C istop e Alfarano
Sworn to before me this
9% d y of DA , 2024
Notary Public
CAROL york
PS a o New
Public PA6075430
Notary
fiOBB
Qua ed in ne , 20
Commission Expt
My
4
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
VISIONS
F E D E RA L CRE D I T U NI ON
24 McKinley Ave "
Endicott, NY 13760-5491 " 800.242.2120 " Fax 607.754.9772
February 27th, 2024
MUATHKINSEY
509CROCKERHILL RD
NY 13904-2519
BINGHAMTON,
Dear Member:
Re: Notification of Charge Off on Member# XXXXXX8900
This is to advise you that on 02/27/2024 we formally charged off a total of $ 5, 121. 59 as an
unreimbursed loss due to one of the following action(s) associated with your Visions membership:
L90 ELITE VISA SIGNATURE
The charged off amount shown may not reflect any subsequent payments or charge offs after that date.
If the total of your unreimbursed loss(es) is $250.00 or more you are subject to possible expulsion from
Visions. The credit union may exercise its right to terminate services as outlined in the policy printed on
the reverse.
Visions may hold a special membermeeting to take action on your membership under this policy. If held,
the meeting will be the third Wednesdayof June. A notice announcing the meeting will be posted in the
Visions'
second quarter edition of financial magazine, which is available to all memberson record.
If you do not have any other open loans, are not a co-signer on another member's loan, and wish
to close your membership, please complete the section below and return it in the envelope provided. If
you would like to take other action or discuss this further, please contact:
Employee: WILLIAM HEWITT MemberSolutions Department, 800.242.2120 ext. 10270
Member Name: MUATHKINSEY Member Number: XXXXXX8900
Cl I do not have any open loan(s) nor am I a co-signer on any open, outstanding loan(s) on
another member's account. Please close my account now, and send any remaining
balance to which I may be legally entitled via check to the address listed on my account.
Member Signature: Date:
Detach and return this portion in the pre-addressed envelope provided.
Member Solutions Department, 800.242.2120 ext. 10270 CODate: 02/27/2024
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
Keep For Your Records 24 McKinley Avenue 324848
Check No: Endicott, New York 13760-5491 CARDNUMBER
(800) 242-2120
Check Amt: visionsfcu.org
FEDERALCHEDIT UBhAON
Date:
AMOUNT
OFPAYMENT
ENCLOSED
If you use a bill paying service,
lease use credit card number .
CLOSINGDATE NEWBALANCE MINIMUMPAYMENT PAYMENT DUEDATE
or remittances· 09/30/23 $5,113.06 $321.06 10/28/23 "
MAKECHECKS
PAYABLE
TO:
MUATH KINSEY Visions Federal Credit Union
509 CROCKERHILL RD POBox 630685
BINGHAMTONNY 13904-2519 OH45263-0685
Cincinnati
45428992010012828200032106005113066
PLEASERETURN
THIS PORTIONTOENSUREPROPER
CREDIT
ISIOÑS
"~^
²
² ² ² ²
STATEMENT
OF ACCOUNT Page 1 of 3
Account Number: Credit Card Number XXXXXXXXXXXX8282
Statement Period: 09/01/23 through 09/30/23 Account Description: ID 90 ELITE VISA SIGNATURE
Previous Balance $5,306.03 TotalNewBalance $5,113.06
Payments -$303.00 Minimum Payment Due $321.06
Other Credits -$0.00 Payment Due Date 10/28/23 .
Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment
Cash Advances +$0.00 within 14 days of the date listed above, you will be assessed a late
Fees and Other Debits +$20.00 fee of $20.00.
Interest Charged +$73.50 Minimum Payment Warning: If you makeonly the minimum payment
NewBalance $5,113.06 each period, you will pay more in interest and it will take you longer to
pay off your balance. For example:
Past Due Amount $106.00 If you make no You will pay off the And you will
Credit Limit $5,000.00 additional charges using balance shown on end up paying
Available Credit 50.00 this card and each this statement in an estimated
Statement Date 09/30/2023 month you pay... about... total of...
Days in billing cycle 30 Only the minimum 19 years $14,781.00
Payment
Questions?
$6 768.00
Contact Center: 800.242.2120 $188.00 3 Years
(Savings = $8,013.00)
Lost or Stolen Credit Card: 833.224.5785 If you would like information about credit counseling services,
To access Rewards: 888.211.8384 Please call 1-877-277-4932.
Website: www.visionsfcu.org
Send billing inquiries and correspondence to:
24 McKinley Ave., Endicott, NY 13760
Post Tran Reference Description Amount
09/12 09/12 Visa Late Fee 20.00
09/30 See Fee SummaryBelow
09/15 09/15 Payment -303.00
Phone Payment 09/15/23 ARD1710459780
09/30 09/30 Insurance DPSLDU/CON 16.53
09/30 See Fee SummaryBelow
FEE SUMMARY
Notice: See reverse side for Important Information.
NEWYORKRESIDENTSMAYCONTACT THE NEW
YORKSTATEBANKINGDEPARTMENT
TOOBTAINA COMPARATIVELISTING OFCREDIT
CARDRATES,FEESANDGRACEPERIODS.NEWYORKSTATEBANKINGDEPARTMENT
800.518.8866
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
For Address Changes:
YoumaylogintoDigitalBankingat visionsfeu.org
orviatheVisIonsFCUMobileappandupdateyouraddressand/orcontactinformation withintheProfileandSettingsmenu.Youmay
alsovisitanyVisionsbranchorcanourContactCenterat 800-242-212D
duringregularbusinesshours,AdditionaHy,
youmayvolteto usatVisionsFederalCreditUnion.Address
24 McKinleyAve,EndicottNY,13760.Alladdresschangerequestsmustbeaccompanied
Corrections, bya validsignature,
asunsignedrequestscannotbeprocessed.
WhatTo Do If You Think You Find a Mistake on Your Statement:
If youthinkthereis anermronyourstatement, writetousatVisionsFederalCreditUnion,24 McKinleyAvenue,EndicottNY13760.
YoumayalsocallourContactCenterat800-242-2120 duringregularbusinesshours,or byloggingIntoDigitalBankingat visionsfcu.org
or viatheVisionsFCUMobileappandutinzeLive
Chal.
Inyourletter,giveus thefonowinginformallon:
" Accountinformation:
Yournameandaccountnumber.
" Donaramount:Thedollaramountofthesuspected error.
of pmblem:If youthinkthereis anermronyourbin,describewhatyoubelieveis wrongandwhyyoubelieveit is a mistake.
e Description
Yournustcontactuswithin6Ddaysaftertheerrorfirstappeared onyourstatement.
Youmustnotifyusof anypotentialerrorsin writingorelectronically.
Youmaycallus,butIfyoudo,we arenotrequiredto investigate potentialerrorsandyoumayhaveto paythe
amountInquestion.
WhHeweInvestigate whethertherehasbeenanerror,thetollowingaretrue
" Wecannottry tocollecttheamountinquestionorreportyouasdelinquent onthatamount
" Thechargein questionmayrerneinonyourstatement, andwe maycontinuetochargeyouinterestonthatamount.But,if wedetermine thatwemadea mistake,youwin
nothaveto paytheamountin question, or anyinterestorotherfeesrelatedto thatamount.
" WhHeyoudonothaveto paytheamountinquestion,youareresponsible fortheremainderof yourbalance.
" WecanapplyanyunpaidamountagainstyourcreditHmit
Your Rights If You Are Dissatisfied With Your Credit Card Purchases:
Ifyouaredissalisfiedwiththegoodsor servicesthatyouhavepurchased withyourcreditcard,andyouhavetriedingoodfaithtocorrecttheproblemwiththemerchant,
youmay
havetherightnotto paytheremaining amountdueonthepurchase.
Tousethisright.anthefonowing mustbetrue:
1. Thepurchasemusthavebeenmadeinyourhomestateorwithin100milesofyourcurrentmailingaddress,andthepurchase pricemusthavebeenmorethan$50.
(Note:Neitherof thesearenecessaryif yourpurchasewasbasedonanadvertisement we maHed toyou.or if weownthecompanythatsoldyouthegoodsor services.)
2. Youmusthaveusedyourcreditcardforthepurchase. Purchases madewithcashadvances fromanATMorwitha checkthataccessesyour
creditcardaccountdonotqualify.
3. Youmustnotyethavefunypaidforthepurchase,
if allthecriteriaabovearemetandyouarestiHdissatisfied withthepurchase, wrHetousatVisionsFederalCreditUnion,24McKinleyAvenue,
Endicott,NY13760or electronicany atwww.visionsfcu.organdloggingIntoDigitalBankingortheVisionsFCUMobileappandutHizing LiveChat.YoumayalsocanourContactCenter
at800-242-2120 duringregularbusinesshours.
Whilewe investigate,
thesamerulesapply10thedisputedamountas discussed
above.Afterwefinishourinvestigation,
wewinteHyouourdecision,Atthatpoint,if we thinkyouowean
amountandyoudonotpay,we mayreportyouasdelinquent.
To Report a Lost or Stolen Credit Card:
Ifyoubelieveyourcardand/orPINhavebeenlostorstolenor thalsomeone
hastransferred
or maytransfermoneyfromyouraccountwithoutyourpermission,you mayprotect
youraccountandblockyourcard24hoursa day,365daysa year,bycaning833.224.5785or byloggingintoDigitalBankingat visionsfcu.org
orviatheVisionsFCUMobileappand
accessingCardControls,
Ifanunauthorized
chargehaspostedto youraccountandyouhavenotbeenabletoreacharesolutionfromthemerchant. youmaydisputethechargethroughVisions'Credit
processorbyContacting
thedisputelineat 833-224-5785
within60daysafterthechargefirstappearedonyourstatement.
Finance Charge:
AHcashadvancesaccruefinancechargesfromthedateof postingtothedateof paymentin full.
Thefinancechargecalculation
methodapplicable
toyouraccountforcashadvances
andcreditpurchases
is asfoHows:
Visa® Platinum, Elite Visa Signature®, and Visa® Business Cash Rewards and Finance Charges:
WewiHbeginchargingyouinterestonpurchasesonthedatethetransaction
is postedtoyouraccount.Wewmbeginchargingyouinterestoncashadvances
andbalance
or thefirstdayof thebiHing
transfersonthedateof thetransaction cycleinwhichthetransaction is postedto youraccount,whichever is later(transaction
date).However.
wewin
notchargeyouanyinterestonnewpurchases if youraccounthada zeroorcreditbalanceat the beginning of thatbillingcycle.oryoupaidtheentirenewbalanceonthepreviouscycle's
statementby thepayment
bHI1ng duedateofthatstatement. Toavoidanadditionalfinancechargeonthebalanceof purchases. youmustpaytheentirenewbalanceontheblning
statementby thepaymentduedateof thatstatement.
HowWeCalculate Your Balance:
Interestchargesonyouraccountarecalculated separately forpurchases,balancetransfers,andcashadvances type").WecalculatetheInterestchargeforeach
("transaction
transactiontypebyapplyinggheperiodicrateto eachcorresponding "everagedallybefence."Togetthe'averagedenybalance'foratransaction type,welakethebeginning balancefor
thattransactiontypeeachday,addanynewtransactions of thattype,andsubtractanyunpaidinterestorotherfinancechargesandanyapplicable paymentsor credits.Thisgives
usthe dailybalanceforeachtransaction type.Then,foreachtransaction
balance" type,we addup allthedailybalances forthebHIlngcycleanddivideeachtotalby thenumberofdaysinthe
billingcycle.Thisgivesusthe"everage daily foreachtransaction type.
A minussign(-) precedinganyamountindicatesa credit(includinga paymentor adjustment) or a creditbalance.If the"newbalance"isa creditbalanceandif withinthesix-month period
followingthedateof thefirststatement
indicatingthecreditbalanceyoudonotrequesta refundorchargeenoughtouseupthecreditbalance.wewidtransferthecreditbalancetoyour
visionssavingaccountShareID01.Torequesta refund.canourContactCenterat800-242-2120 orwriteto usat theaddressIlstedabove.
Rev.8/2D22
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FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
VISIONS Federal Credit Union
VISIONS
iiiosWXE-ca-idiTumom slo sfcu.org
o
Account Number.
Statement Period: 09/01/2023 thru 09/30/2023
Page 3 of 3
Post Tran Reference Description Amount
Date Description Amount
09/12 Visa Late Fee $20.00
09/30 Insurance DPSLDU/CON $16.53
TOTALFEESFORTHIS PERIOD $36.53
INTERESTCHARGED
Interest Charged on Purchases $7.66
Interest Charged on Cash Advances $65.84
TOTALINTERESTFORTHIS PERIOD $73.50
YEARTODATETOTALS
Total Fees Year to Date $158.07
Total Charged This Year
Interest $421.16
Your Annual Percentage Rate (APR) on your account.
is the annual interest rate
Balance Subject to
Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge
Purchases 18.000% (v) $517.92 $7.66
Cash Advances 18.000% (v) $4,450.39 $65.84
(v)
= Variable rate
Total available points balance = 972
Points next to expire on 12/31/2028 = 972
For the most current point balance, or to request a redemption, the
"Rewards"
select option from your online banking
account at visionsfcu.or or call 888.211.8384.
Start spending with Visions - and get Rewards!
From daily spending to monthly subscriptions to online purchases,
expenses can lead to Rewards! By paying with a Visions credit card,
you could earn points that can be redeemed as cash back, gift cards,
ex riences, discounts, and more. Details at visionsfou.or /rewards.
. .
9 of 21
FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
Keep For Your Records 24 McKinley Avenue 324848
Check No: Endicott, NewYork 13760-5491 CARDNUMBER
(800) 242-2120
Check Amt:
visionsfcu.org
FEDER L C ˆDET I.IIVION
Date:
AMOUNTOFPAYMENTENCLOSED
If you use a bill ayin service.
lease use creÃŽit carÃŽ number
CLOSINGDATE NEWBALANCE MINIMUMPAYMENT PAYMENT
DUEDATE
for rernittances. 03/31/24 $5,121.59 $851.29 04/28/24
MAKEcHEcKSPAYABLETO:
I' ' n"'"HI'"¹'IliHllill
'"Ill0lll I l"I ''l i
MUATH KINSEY Visions Federal Credit Union
509 CROCKERHILL RD POBox 630685
BINGHAMTONNY 13904-2519 OH45263-0685
Cincinnati
'5428992010012828200085129005121596
PLEASERETURN
THIS PORTIONTO ENSURE
PROPER
CREDIT
. . _____________________ - - - . . -- - --- -- ...._______________ _ ... _____________ . .... _ __________ . _______..______....
Endicott.NewYork 13760-5491
""'"" """" """* 242-21²°
STATEMENT
OF ACCOUNT Page 1 of 3
Account Number: Credit Card Number: XXXXXXXXXXXX8282
Staternent Period: 03/01/24 through 03/31/24 Account Description: ID 90 C/O RISK ELITE VISA SIGNATURE
Previous Balance $5,121.59 Total NewBalance $5,121.59
Payments -$0.00 Minimum Payment Due $851.29
Other Credits -$0.00 Payment Due Date 04/28/24 .
Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment
Cash Advances +$0.00 within 14 days of the date listed above, you will be assessed a late
Fees and Other Debits +$0.00 fee of $20.00.
Interest Charged +$0.00 Minimum PaymentWarning: If you makeonly the minimum payment
NewBalance $5,121.59 each period, you will pay more in interest and it will take you longer to
pay off your balance. For example
Past Due Amount $749.29 If you makeno You will pay off the And you will
Credit Limit $0.00 additional charges using ¡ balance shown on end up paying
Available Credit $0.00 this card and each this statement in an estimated
Statement Date 03/31/2024 month you pay... , about... total of...
Days in billing cycle 31 Only the minimum 10 years $5,121.00
Payment
Questions?
$5,256.00
Contact Center: 800.242.2120 $146.00 3 Years
(Savings = $0.00)
Lost or Stolen Credit Card: 833.224.5785 If you would like information about credit counseling services,
To access Rewards: 888.211.8384 Please call 1-877-277-4932.
Website: www.visionsfou.org Send billing inquiries and correspondence to:
24 McKinley Ave., Endicott, NY 13760
Post Tran Reference Description Amount
No transactions this period
FEE SUMMARY
TOTALFEESFORTHIS PERIOD $0.00
Notice: See reverse side for Important information.
NEWYORKRESIDENTSMAYCONTACT THE NEWYORKSTATEBANKINGDEPARTMENT
TOOBTAINA COMPARATIVELISTING OFCREDIT
CARDRATES,FEESANDGRACEPERIODS.NEWYORKSTATEBANKINGDEPARTMENT
800.518.8866
10 of 21
FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024
Preview
FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 STATE OF NEWYORK SUPREMECOURT : COUNTYOF BROOME _____________________________________ VISIONS FEDERAL CREDIT UNION 24 McKinley Avenue SUMMONS Endicott, New York 13760, INDEX NO: Plaintiff -against- Muath Kinsey 509 Crocker Hill Road Binghamton, New York 13904-2519, Defendant. _____________________________________ CONSUMERCREDIT TRANSACTION TO THE ABOVE-NAMEDDEFENDANT: YOU ARE HEREBYSUMMONED and required to serve upon Plaintiff's attorney an Answer to the Complaint in this action within twenty days after the service of this Summons, exclusive of the day of service, if this Summons is personally delivered to you within the State of New York, or within thirty days after service is complete, if this Summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default and for the relief demanded in the Complaint. of residence The County of Defendant is Broome county, and transact' the county where the consumer credit took place is Broome county. The basis of the venue designate s the county where the Defendant resides. Dated: May 17, 2024 W liam M. Tho s, Esq. SWAD & INGRAHAM, Attorneys for Plaintiff Office and P. O. Address 46 Front Street Binghamton, New York 13905 Telephone: (607) 722-3495 1 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 STATE OF NEW YORK SUPREMECOURT : COUNTYOF BROOME _____________________________________ VISIONS FEDERAL CREDIT UNION 24 McKinley Avenue COMPLAINT Endicott, New York 13760, INDEX NO: Plaintiff, -against- Muath Kinsey 509 Crocker Hill Road Binghamton, New York 13904-2519, Defendant. _____________________________________ The Plaintiff, by its attorneys, Aswad & Ingraham, LLP, for its complaint herein, alleges: 1. That the Plaintiff was at all times hereinafter mentioned and still is, a Federal Credit Union with a principal place of business at 24 McKinley Avenue, in the Village of Endicott, County of Broome and State of New York. 2. That upon information and belief, the Defendant resides at: 509 Crocker Hill Road, Binghamton, New York 13904-2519. 3. That for the purpose of obtaining a line of credit and other credit rights, the Defendant entered, and executed a Credit Card Agreement with the Plaintiff which provided for a credit line and an arrangement for payment of the debt to the Plaintiff. That Agreement is identified as follows: Dated: March 28, 2023; Approved Line of Credit: $5,000.00; Last four digits of account number: 8900. A copy of said Agreement is attached hereto. 2 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 4. That the Defendant has defaulted on its obligation under the Agreement to make the full payment due on September 28, 2023. 5. That the last payment made by Defendant to Plaintiff on this obligation was received September 15, 2023, in the amount of $303.00. 6. That due demand for payment has been made, the necessary payments have not been made, and the entire amount owing, with interest, is now in default and due and payable. 7. That attached hereto is the most recent statement of account related to this obligation, which was provided to Defendant on or about April 1, 2024. Also, attached is a copy of the most recent monthly statement recording a purchase transaction, last payment, or a balance transfer. The statement shows an account balance of $5,113.06 as of September 30, 2023. 8. That the amount due is as follows: $5,121.59, which was the amount owed at the time of charge off, plus interest in the amount of $202.06 from February 27, 2024, the date of charge- off, at the per annum rate of 18.00% plus interest to the date of judgment, plus attorney fees to be determined by the Court and costs and disbursements in the approximate amount of $700.00. WHEREFOREthe Plaintiff demands judgment against the Defendant in the amount of $5,121.59, which was the amount owed at the time of charge off, plus interest from February 27, 2024, 2 3 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 at the per annum rate of 18.00%, plus attorney fees to be determined by the Court and costs and disbursements in the approximate amount of $700.00, and for such other and further relief as to the Court may seem just and proper. Dated: May 17, 2024 W¼lliam M. Thomas, sq. SWAD& INGRAHAM, LLP Attorneys for Plaintiff Office and P.O. Address 46 Front Street Binghamton, New York 13905 Tele.: 607-722-3495 3 4 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 VERIFICATION OF COMPLAINT STATE OF NEWYORK ) COUNTYOF BROOME ) ss.: CHRISTOPHERALFARANO being duly sworn, did depose and say that he is the Vice President/Chief Lending Officer of Visions Federal Credit Union, the Corporation named in the within action; that deponent has read the foregoing Complaint and knows the contents thereof; and that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because Visions Federal Credit Union is a Federal Credit Union. Deponent is an officer thereof, to-wit, its Vice President/Chief Lending Officer. The grounds of deponent's belief as to all matters not stated upon deponent's knowledge are from review of the Credit Union files. C istop e Alfarano Sworn to before me this 9% d y of DA , 2024 Notary Public CAROL york PS a o New Public PA6075430 Notary fiOBB Qua ed in ne , 20 Commission Expt My 4 5 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 VISIONS F E D E RA L CRE D I T U NI ON 24 McKinley Ave " Endicott, NY 13760-5491 " 800.242.2120 " Fax 607.754.9772 February 27th, 2024 MUATHKINSEY 509CROCKERHILL RD NY 13904-2519 BINGHAMTON, Dear Member: Re: Notification of Charge Off on Member# XXXXXX8900 This is to advise you that on 02/27/2024 we formally charged off a total of $ 5, 121. 59 as an unreimbursed loss due to one of the following action(s) associated with your Visions membership: L90 ELITE VISA SIGNATURE The charged off amount shown may not reflect any subsequent payments or charge offs after that date. If the total of your unreimbursed loss(es) is $250.00 or more you are subject to possible expulsion from Visions. The credit union may exercise its right to terminate services as outlined in the policy printed on the reverse. Visions may hold a special membermeeting to take action on your membership under this policy. If held, the meeting will be the third Wednesdayof June. A notice announcing the meeting will be posted in the Visions' second quarter edition of financial magazine, which is available to all memberson record. If you do not have any other open loans, are not a co-signer on another member's loan, and wish to close your membership, please complete the section below and return it in the envelope provided. If you would like to take other action or discuss this further, please contact: Employee: WILLIAM HEWITT MemberSolutions Department, 800.242.2120 ext. 10270 Member Name: MUATHKINSEY Member Number: XXXXXX8900 Cl I do not have any open loan(s) nor am I a co-signer on any open, outstanding loan(s) on another member's account. Please close my account now, and send any remaining balance to which I may be legally entitled via check to the address listed on my account. Member Signature: Date: Detach and return this portion in the pre-addressed envelope provided. Member Solutions Department, 800.242.2120 ext. 10270 CODate: 02/27/2024 6 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Keep For Your Records 24 McKinley Avenue 324848 Check No: Endicott, New York 13760-5491 CARDNUMBER (800) 242-2120 Check Amt: visionsfcu.org FEDERALCHEDIT UBhAON Date: AMOUNT OFPAYMENT ENCLOSED If you use a bill paying service, lease use credit card number . CLOSINGDATE NEWBALANCE MINIMUMPAYMENT PAYMENT DUEDATE or remittances· 09/30/23 $5,113.06 $321.06 10/28/23 " MAKECHECKS PAYABLE TO: MUATH KINSEY Visions Federal Credit Union 509 CROCKERHILL RD POBox 630685 BINGHAMTONNY 13904-2519 OH45263-0685 Cincinnati 45428992010012828200032106005113066 PLEASERETURN THIS PORTIONTOENSUREPROPER CREDIT ISIOÑS "~^ ² ² ² ² ² STATEMENT OF ACCOUNT Page 1 of 3 Account Number: Credit Card Number XXXXXXXXXXXX8282 Statement Period: 09/01/23 through 09/30/23 Account Description: ID 90 ELITE VISA SIGNATURE Previous Balance $5,306.03 TotalNewBalance $5,113.06 Payments -$303.00 Minimum Payment Due $321.06 Other Credits -$0.00 Payment Due Date 10/28/23 . Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment Cash Advances +$0.00 within 14 days of the date listed above, you will be assessed a late Fees and Other Debits +$20.00 fee of $20.00. Interest Charged +$73.50 Minimum Payment Warning: If you makeonly the minimum payment NewBalance $5,113.06 each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due Amount $106.00 If you make no You will pay off the And you will Credit Limit $5,000.00 additional charges using balance shown on end up paying Available Credit 50.00 this card and each this statement in an estimated Statement Date 09/30/2023 month you pay... about... total of... Days in billing cycle 30 Only the minimum 19 years $14,781.00 Payment Questions? $6 768.00 Contact Center: 800.242.2120 $188.00 3 Years (Savings = $8,013.00) Lost or Stolen Credit Card: 833.224.5785 If you would like information about credit counseling services, To access Rewards: 888.211.8384 Please call 1-877-277-4932. Website: www.visionsfcu.org Send billing inquiries and correspondence to: 24 McKinley Ave., Endicott, NY 13760 Post Tran Reference Description Amount 09/12 09/12 Visa Late Fee 20.00 09/30 See Fee SummaryBelow 09/15 09/15 Payment -303.00 Phone Payment 09/15/23 ARD1710459780 09/30 09/30 Insurance DPSLDU/CON 16.53 09/30 See Fee SummaryBelow FEE SUMMARY Notice: See reverse side for Important Information. NEWYORKRESIDENTSMAYCONTACT THE NEW YORKSTATEBANKINGDEPARTMENT TOOBTAINA COMPARATIVELISTING OFCREDIT CARDRATES,FEESANDGRACEPERIODS.NEWYORKSTATEBANKINGDEPARTMENT 800.518.8866 7 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 For Address Changes: YoumaylogintoDigitalBankingat visionsfeu.org orviatheVisIonsFCUMobileappandupdateyouraddressand/orcontactinformation withintheProfileandSettingsmenu.Youmay alsovisitanyVisionsbranchorcanourContactCenterat 800-242-212D duringregularbusinesshours,AdditionaHy, youmayvolteto usatVisionsFederalCreditUnion.Address 24 McKinleyAve,EndicottNY,13760.Alladdresschangerequestsmustbeaccompanied Corrections, bya validsignature, asunsignedrequestscannotbeprocessed. WhatTo Do If You Think You Find a Mistake on Your Statement: If youthinkthereis anermronyourstatement, writetousatVisionsFederalCreditUnion,24 McKinleyAvenue,EndicottNY13760. YoumayalsocallourContactCenterat800-242-2120 duringregularbusinesshours,or byloggingIntoDigitalBankingat visionsfcu.org or viatheVisionsFCUMobileappandutinzeLive Chal. Inyourletter,giveus thefonowinginformallon: " Accountinformation: Yournameandaccountnumber. " Donaramount:Thedollaramountofthesuspected error. of pmblem:If youthinkthereis anermronyourbin,describewhatyoubelieveis wrongandwhyyoubelieveit is a mistake. e Description Yournustcontactuswithin6Ddaysaftertheerrorfirstappeared onyourstatement. Youmustnotifyusof anypotentialerrorsin writingorelectronically. Youmaycallus,butIfyoudo,we arenotrequiredto investigate potentialerrorsandyoumayhaveto paythe amountInquestion. WhHeweInvestigate whethertherehasbeenanerror,thetollowingaretrue " Wecannottry tocollecttheamountinquestionorreportyouasdelinquent onthatamount " Thechargein questionmayrerneinonyourstatement, andwe maycontinuetochargeyouinterestonthatamount.But,if wedetermine thatwemadea mistake,youwin nothaveto paytheamountin question, or anyinterestorotherfeesrelatedto thatamount. " WhHeyoudonothaveto paytheamountinquestion,youareresponsible fortheremainderof yourbalance. " WecanapplyanyunpaidamountagainstyourcreditHmit Your Rights If You Are Dissatisfied With Your Credit Card Purchases: Ifyouaredissalisfiedwiththegoodsor servicesthatyouhavepurchased withyourcreditcard,andyouhavetriedingoodfaithtocorrecttheproblemwiththemerchant, youmay havetherightnotto paytheremaining amountdueonthepurchase. Tousethisright.anthefonowing mustbetrue: 1. Thepurchasemusthavebeenmadeinyourhomestateorwithin100milesofyourcurrentmailingaddress,andthepurchase pricemusthavebeenmorethan$50. (Note:Neitherof thesearenecessaryif yourpurchasewasbasedonanadvertisement we maHed toyou.or if weownthecompanythatsoldyouthegoodsor services.) 2. Youmusthaveusedyourcreditcardforthepurchase. Purchases madewithcashadvances fromanATMorwitha checkthataccessesyour creditcardaccountdonotqualify. 3. Youmustnotyethavefunypaidforthepurchase, if allthecriteriaabovearemetandyouarestiHdissatisfied withthepurchase, wrHetousatVisionsFederalCreditUnion,24McKinleyAvenue, Endicott,NY13760or electronicany atwww.visionsfcu.organdloggingIntoDigitalBankingortheVisionsFCUMobileappandutHizing LiveChat.YoumayalsocanourContactCenter at800-242-2120 duringregularbusinesshours. Whilewe investigate, thesamerulesapply10thedisputedamountas discussed above.Afterwefinishourinvestigation, wewinteHyouourdecision,Atthatpoint,if we thinkyouowean amountandyoudonotpay,we mayreportyouasdelinquent. To Report a Lost or Stolen Credit Card: Ifyoubelieveyourcardand/orPINhavebeenlostorstolenor thalsomeone hastransferred or maytransfermoneyfromyouraccountwithoutyourpermission,you mayprotect youraccountandblockyourcard24hoursa day,365daysa year,bycaning833.224.5785or byloggingintoDigitalBankingat visionsfcu.org orviatheVisionsFCUMobileappand accessingCardControls, Ifanunauthorized chargehaspostedto youraccountandyouhavenotbeenabletoreacharesolutionfromthemerchant. youmaydisputethechargethroughVisions'Credit processorbyContacting thedisputelineat 833-224-5785 within60daysafterthechargefirstappearedonyourstatement. Finance Charge: AHcashadvancesaccruefinancechargesfromthedateof postingtothedateof paymentin full. Thefinancechargecalculation methodapplicable toyouraccountforcashadvances andcreditpurchases is asfoHows: Visa® Platinum, Elite Visa Signature®, and Visa® Business Cash Rewards and Finance Charges: WewiHbeginchargingyouinterestonpurchasesonthedatethetransaction is postedtoyouraccount.Wewmbeginchargingyouinterestoncashadvances andbalance or thefirstdayof thebiHing transfersonthedateof thetransaction cycleinwhichthetransaction is postedto youraccount,whichever is later(transaction date).However. wewin notchargeyouanyinterestonnewpurchases if youraccounthada zeroorcreditbalanceat the beginning of thatbillingcycle.oryoupaidtheentirenewbalanceonthepreviouscycle's statementby thepayment bHI1ng duedateofthatstatement. Toavoidanadditionalfinancechargeonthebalanceof purchases. youmustpaytheentirenewbalanceontheblning statementby thepaymentduedateof thatstatement. HowWeCalculate Your Balance: Interestchargesonyouraccountarecalculated separately forpurchases,balancetransfers,andcashadvances type").WecalculatetheInterestchargeforeach ("transaction transactiontypebyapplyinggheperiodicrateto eachcorresponding "everagedallybefence."Togetthe'averagedenybalance'foratransaction type,welakethebeginning balancefor thattransactiontypeeachday,addanynewtransactions of thattype,andsubtractanyunpaidinterestorotherfinancechargesandanyapplicable paymentsor credits.Thisgives usthe dailybalanceforeachtransaction type.Then,foreachtransaction balance" type,we addup allthedailybalances forthebHIlngcycleanddivideeachtotalby thenumberofdaysinthe billingcycle.Thisgivesusthe"everage daily foreachtransaction type. A minussign(-) precedinganyamountindicatesa credit(includinga paymentor adjustment) or a creditbalance.If the"newbalance"isa creditbalanceandif withinthesix-month period followingthedateof thefirststatement indicatingthecreditbalanceyoudonotrequesta refundorchargeenoughtouseupthecreditbalance.wewidtransferthecreditbalancetoyour visionssavingaccountShareID01.Torequesta refund.canourContactCenterat800-242-2120 orwriteto usat theaddressIlstedabove. Rev.8/2D22 8 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 VISIONS Federal Credit Union VISIONS iiiosWXE-ca-idiTumom slo sfcu.org o Account Number. Statement Period: 09/01/2023 thru 09/30/2023 Page 3 of 3 Post Tran Reference Description Amount Date Description Amount 09/12 Visa Late Fee $20.00 09/30 Insurance DPSLDU/CON $16.53 TOTALFEESFORTHIS PERIOD $36.53 INTERESTCHARGED Interest Charged on Purchases $7.66 Interest Charged on Cash Advances $65.84 TOTALINTERESTFORTHIS PERIOD $73.50 YEARTODATETOTALS Total Fees Year to Date $158.07 Total Charged This Year Interest $421.16 Your Annual Percentage Rate (APR) on your account. is the annual interest rate Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 18.000% (v) $517.92 $7.66 Cash Advances 18.000% (v) $4,450.39 $65.84 (v) = Variable rate Total available points balance = 972 Points next to expire on 12/31/2028 = 972 For the most current point balance, or to request a redemption, the "Rewards" select option from your online banking account at visionsfcu.or or call 888.211.8384. Start spending with Visions - and get Rewards! From daily spending to monthly subscriptions to online purchases, expenses can lead to Rewards! By paying with a Visions credit card, you could earn points that can be redeemed as cash back, gift cards, ex riences, discounts, and more. Details at visionsfou.or /rewards. . . 9 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024001768 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Keep For Your Records 24 McKinley Avenue 324848 Check No: Endicott, NewYork 13760-5491 CARDNUMBER (800) 242-2120 Check Amt: visionsfcu.org FEDER L C ˆDET I.IIVION Date: AMOUNTOFPAYMENTENCLOSED If you use a bill ayin service. lease use creÎit carÎ number CLOSINGDATE NEWBALANCE MINIMUMPAYMENT PAYMENT DUEDATE for rernittances. 03/31/24 $5,121.59 $851.29 04/28/24 MAKEcHEcKSPAYABLETO: I' ' n"'"HI'"¹'IliHllill '"Ill0lll I l"I ''l i MUATH KINSEY Visions Federal Credit Union 509 CROCKERHILL RD POBox 630685 BINGHAMTONNY 13904-2519 OH45263-0685 Cincinnati '5428992010012828200085129005121596 PLEASERETURN THIS PORTIONTO ENSURE PROPER CREDIT . . _____________________ - - - . . -- - --- -- ...._______________ _ ... _____________ . .... _ __________ . _______..______.... Endicott.NewYork 13760-5491 ""'"" """" """* 242-21²° STATEMENT OF ACCOUNT Page 1 of 3 Account Number: Credit Card Number: XXXXXXXXXXXX8282 Staternent Period: 03/01/24 through 03/31/24 Account Description: ID 90 C/O RISK ELITE VISA SIGNATURE Previous Balance $5,121.59 Total NewBalance $5,121.59 Payments -$0.00 Minimum Payment Due $851.29 Other Credits -$0.00 Payment Due Date 04/28/24 . Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment Cash Advances +$0.00 within 14 days of the date listed above, you will be assessed a late Fees and Other Debits +$0.00 fee of $20.00. Interest Charged +$0.00 Minimum PaymentWarning: If you makeonly the minimum payment NewBalance $5,121.59 each period, you will pay more in interest and it will take you longer to pay off your balance. For example Past Due Amount $749.29 If you makeno You will pay off the And you will Credit Limit $0.00 additional charges using ¡ balance shown on end up paying Available Credit $0.00 this card and each this statement in an estimated Statement Date 03/31/2024 month you pay... , about... total of... Days in billing cycle 31 Only the minimum 10 years $5,121.00 Payment Questions? $5,256.00 Contact Center: 800.242.2120 $146.00 3 Years (Savings = $0.00) Lost or Stolen Credit Card: 833.224.5785 If you would like information about credit counseling services, To access Rewards: 888.211.8384 Please call 1-877-277-4932. Website: www.visionsfou.org Send billing inquiries and correspondence to: 24 McKinley Ave., Endicott, NY 13760 Post Tran Reference Description Amount No transactions this period FEE SUMMARY TOTALFEESFORTHIS PERIOD $0.00 Notice: See reverse side for Important information. NEWYORKRESIDENTSMAYCONTACT THE NEWYORKSTATEBANKINGDEPARTMENT TOOBTAINA COMPARATIVELISTING OFCREDIT CARDRATES,FEESANDGRACEPERIODS.NEWYORKSTATEBANKINGDEPARTMENT 800.518.8866 10 of 21 FILED: BROOME COUNTY CLERK 07/02/2024 09:26 AM INDEX NO. EFCA2024