Preview
FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018
Date Purchased:
SUPREME COURT OF THE STATE OF NEW YORK Index N9
COUNTYOFOSWEGO X
LVNV Funding LLC SUMMONS
Plaintiff, Plaintiff's Address:
-against- 6801 S. Cimarron Suite 424-
Road,
J
Misty DeFalco Las Vegas NV 89113
Defendant(s)· The basis of Venue is
CPLR Sec. 503(f)
Defendant resides in
County of: OSWEGO
X Consumer Credit Transaction
Defendant(s) Address:
DEF.#1 - 886 STATE RTE 11 Central Square NY 13036
L58,
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of
your answer 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 service is complete if this summons is not personally
delivered to you within the State of New York; and in the case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.
We are attorneys attempting to collect a debt. Any information obtained will be used for that
purpose.
7
Dated: March 12, 2018
/p~
S.E ACCT. NO. 260479.001
'
U Anthony S. Poulin Stephanie R. Vetch
U Joseph J. Cassotta Rafeena Khairullah
O Mariya Burtseva Rimsha Khan
Stephen Einstein 8 Associates, P.C.
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
"
"'PDB
* 2 8 2 MHG*
1 of 6
FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
LVNV Funding LLC
Plaintiff,
VERIFIED COMPLAINT
-against-
Misty DeFalco
Defendant(s).
1. Plaintiff is an active foreign entity conducting business in the state of NV.
2. Upon information and belief, Defendant(s) reside or is employed in of the State of New
York, County of OSWEGO; or that the Defendant(s) transacted business with within the
jurisdiction and venue where this action is brought in person or through an agent and that the
instant cause of action arose out of said transaction.
3. Upon information and belief the Defendant(s) hereto entered into a Retail Charge
Account Agreement with Plaintiff's predecessor in interest, Credit One Bank, N.A., bearing
account # XXXXXXXXXXXX2168 wherein Defendant(s) agreed to pay Credit One Bank, N.A.
all amounts charged to said account by the authorized use thereof.
4. Upon information and belief, the agreement containing the terms and conditions
governing the use of the credit account, including terms of payment were delivered to the
Defendant(s).
5. Plaintiff, as purchaser and assignee of the account herein, owns and retains all
beneficial rights and interests therein and Plaintiff has complete authority to settle, adjust,
compromise and satisfy the same and that the assignor has no further interest in said
account for any purpose.
6. Upon information and belief this obligation originated with Credit One Bank, N.A. with
a chain of title as follows:
CREDIT ONE BANK, N.A.
2 of 6
FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018
FNBM, LLC/ MHC RECEIVABLES, LLC
SHERMAN ORIGINATOR IllLLC
SHERMAN ORIGINATOR LLC
LVNV FUNDING LLC
7. Upon information and belief, Defendant(s) incurred charges by use of the said charge
account, less and credits, in the sum of $1,168.85, no part of which has been paid although
duly demanded.
8. Upon information and belief the the date of default on this account was 11/25/2016
and the cause of action asserted herein is not outside the applicable statute of limitations for
enforcing the debt.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of
$1,168.85 plus costs and disbursements in this action.
VERIFICATION: The undersigned, affirms under penalties of perjury, that he is a member of
the firm appearing as attorney of record for the plaintiff, has read this complaint and knows its
contents, and that the same is alleged upon information and belief and believes itto be true.
Affirmant says that the grounds of his belief are documents received from the Plaintiff and/or
pre-suit investigation. This verification is made by affirmant because plaintiffs place of business
is located outside the county where affirmant maintains his law pr9ptice. Affirmed this 12th day
of March, 2018.
Anthony S. Poulin Stephanie R. Vetch
Joseph J. Cassotta Rafeena Khairullah
Mariya Burtseva Rimsha Khan
S.E Acct. No 260479.001
A
3 of 6
FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018
IndexNo. Year2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
LVNV Funding LLC
Plaintiff
-against-
Misty DeFalco
Defendant(s)
SUMMONS AND VERIFIED COMPLAINT
'
Signature -1. 1-a)
(Rule/
/
S. Poulin Stephanie R. Vetch
Anthony
Joseph J. Cassotta Rafeena Khairullah
Mariya Burtseva Rimsha Khan
..
LAW OFFICE OF
STEPHEN EINSTEIN & ASSOCIATES, P.C.
Attorney(s) for Plaintiff
Office and Post Office Address
39 Broadway, Suite 1250
New York, New York 10006
(212) 267-3550
Fax (212) 227-9656
Service of a of the within is hereby admitted.
copy
Dated,
Attorney(s) for Plaintiff(s)
Sir: Please take notice
O NOTICE OF ENTRY:
That within is a true of a entered in the office of the clerk of
(certified) copy duly
the within named court on
NOTICE OF SETTLEMENT
That an order of which the within is a true copy of a Settlement
to the HON. Presented for one of the judges
Of the within named court, at
On the _ day of 2018 at __ A.M
Dated,
4 of 6
FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO X
LVNV Funding LLC
Plaintiff/Petitioner,
-against-
INDEX N9:
Misty DeFalco
Defendant/Respondent.
X
NOTICE REGARDING AVAILABILITY OF
ELECTRONIC FILING SUPREME COURT CASES
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice is
being served as required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to
be filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on all consenting e-filers as soon as the document is uploaded
to the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case
record, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid,
but this can be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with
this notice must either: 1) immediately record his or her representation within the e-filed matter on
the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action
is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith
that they lack the computer hardware and/or scanner and/or internet connection or that they lack
with all employees subject to their the operational knowledge to with e-
(along direction) comply
filing requirements. [Section 202.5-bb(e)]
Parties not represented by an attorney: Unrepresented litigants are exempt from
efiling. They can serve and file documents in paper form and must be served with documents
in paper form. However, an unrepresented litigant may participate in e-filing. For information on
how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the
court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented
litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court
where the action was filed. An unrepresented litigant who consents to e-filing may cease
participation at any time. However, the other parties may continue to e-file their court documents in
the case.
5 of 6
FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-
386-3033; e-mail: efile a oveouns.uov).
I
/
Dated: March 12, 2018
U Anthony S. Poulin t I Stephanie R. Vetch
U Joseph J. Cassotta l I Rafeena Khairullah
U Mariya Burtseva [
fag} Rimsha Khan
(212) 267-3550
Stephen Einstein & Associates, P.C.
www.stepheneinstein.com
S.E acc. #260479.001
TO: Misty DeFalco
886 STATE RTE 11 L58
Central Square NY 13036
6 of 6
Preview
FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018 Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index N9 COUNTYOFOSWEGO X LVNV Funding LLC SUMMONS Plaintiff, Plaintiff's Address: -against- 6801 S. Cimarron Suite 424- Road, J Misty DeFalco Las Vegas NV 89113 Defendant(s)· The basis of Venue is CPLR Sec. 503(f) Defendant resides in County of: OSWEGO X Consumer Credit Transaction Defendant(s) Address: DEF.#1 - 886 STATE RTE 11 Central Square NY 13036 L58, TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer 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 service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose. 7 Dated: March 12, 2018 /p~ S.E ACCT. NO. 260479.001 ' U Anthony S. Poulin Stephanie R. Vetch U Joseph J. Cassotta Rafeena Khairullah O Mariya Burtseva Rimsha Khan Stephen Einstein 8 Associates, P.C. Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 " "'PDB * 2 8 2 MHG* 1 of 6 FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO LVNV Funding LLC Plaintiff, VERIFIED COMPLAINT -against- Misty DeFalco Defendant(s). 1. Plaintiff is an active foreign entity conducting business in the state of NV. 2. Upon information and belief, Defendant(s) reside or is employed in of the State of New York, County of OSWEGO; or that the Defendant(s) transacted business with within the jurisdiction and venue where this action is brought in person or through an agent and that the instant cause of action arose out of said transaction. 3. Upon information and belief the Defendant(s) hereto entered into a Retail Charge Account Agreement with Plaintiff's predecessor in interest, Credit One Bank, N.A., bearing account # XXXXXXXXXXXX2168 wherein Defendant(s) agreed to pay Credit One Bank, N.A. all amounts charged to said account by the authorized use thereof. 4. Upon information and belief, the agreement containing the terms and conditions governing the use of the credit account, including terms of payment were delivered to the Defendant(s). 5. Plaintiff, as purchaser and assignee of the account herein, owns and retains all beneficial rights and interests therein and Plaintiff has complete authority to settle, adjust, compromise and satisfy the same and that the assignor has no further interest in said account for any purpose. 6. Upon information and belief this obligation originated with Credit One Bank, N.A. with a chain of title as follows: CREDIT ONE BANK, N.A. 2 of 6 FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018 FNBM, LLC/ MHC RECEIVABLES, LLC SHERMAN ORIGINATOR IllLLC SHERMAN ORIGINATOR LLC LVNV FUNDING LLC 7. Upon information and belief, Defendant(s) incurred charges by use of the said charge account, less and credits, in the sum of $1,168.85, no part of which has been paid although duly demanded. 8. Upon information and belief the the date of default on this account was 11/25/2016 and the cause of action asserted herein is not outside the applicable statute of limitations for enforcing the debt. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,168.85 plus costs and disbursements in this action. VERIFICATION: The undersigned, affirms under penalties of perjury, that he is a member of the firm appearing as attorney of record for the plaintiff, has read this complaint and knows its contents, and that the same is alleged upon information and belief and believes itto be true. Affirmant says that the grounds of his belief are documents received from the Plaintiff and/or pre-suit investigation. This verification is made by affirmant because plaintiffs place of business is located outside the county where affirmant maintains his law pr9ptice. Affirmed this 12th day of March, 2018. Anthony S. Poulin Stephanie R. Vetch Joseph J. Cassotta Rafeena Khairullah Mariya Burtseva Rimsha Khan S.E Acct. No 260479.001 A 3 of 6 FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018 IndexNo. Year2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO LVNV Funding LLC Plaintiff -against- Misty DeFalco Defendant(s) SUMMONS AND VERIFIED COMPLAINT ' Signature -1. 1-a) (Rule/ / S. Poulin Stephanie R. Vetch Anthony Joseph J. Cassotta Rafeena Khairullah Mariya Burtseva Rimsha Khan .. LAW OFFICE OF STEPHEN EINSTEIN & ASSOCIATES, P.C. Attorney(s) for Plaintiff Office and Post Office Address 39 Broadway, Suite 1250 New York, New York 10006 (212) 267-3550 Fax (212) 227-9656 Service of a of the within is hereby admitted. copy Dated, Attorney(s) for Plaintiff(s) Sir: Please take notice O NOTICE OF ENTRY: That within is a true of a entered in the office of the clerk of (certified) copy duly the within named court on NOTICE OF SETTLEMENT That an order of which the within is a true copy of a Settlement to the HON. Presented for one of the judges Of the within named court, at On the _ day of 2018 at __ A.M Dated, 4 of 6 FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO X LVNV Funding LLC Plaintiff/Petitioner, -against- INDEX N9: Misty DeFalco Defendant/Respondent. X NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SUPREME COURT CASES PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronic filing. Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does itcharge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack with all employees subject to their the operational knowledge to with e- (along direction) comply filing requirements. [Section 202.5-bb(e)] Parties not represented by an attorney: Unrepresented litigants are exempt from efiling. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant may participate in e-filing. For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. 5 of 6 FILED: OSWEGO COUNTY CLERK 04/19/2018 04:08 PM INDEX NO. EFC-2018-0645 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/19/2018 For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646- 386-3033; e-mail: efile a oveouns.uov). I / Dated: March 12, 2018 U Anthony S. Poulin t I Stephanie R. Vetch U Joseph J. Cassotta l I Rafeena Khairullah U Mariya Burtseva [ fag} Rimsha Khan (212) 267-3550 Stephen Einstein & Associates, P.C. www.stepheneinstein.com S.E acc. #260479.001 TO: Misty DeFalco 886 STATE RTE 11 L58 Central Square NY 13036 6 of 6