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FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
____________________ _______________________ Plaintiff designates YATES as the
County
CAPITAL ONE BANK (USA), N.A. place of trial; the defendant resides in
YATES County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. N451919
JULIE L DAVIS
DEFENDANT. SUMMONS
___________________________________ Plaintiffs address: 4851 COX ROAD, GLEN
ALLEN, VA 23060
The Basis of the Venue is Defendant's
Residence
CONSUMER CREDIT TRANSACTION
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, or, if the complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney 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 is
not personally delivered to you within the state of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: July 01, 2021
Selip & Stylianou, LLP
Attorneys for plaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500
Refer to S&S File No. N451919
Defendant to be served: JULIE L DAVIS, 256 STATE ROUTE 14, PENN YAN, NY 14527
enn---
This c.ñ is from a debt collector and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
YOURS, ETC.
Selip & Stylianou, LLP
By:
-- -¬ MICH EL EDER ESQ.
IIIIIIIIIIIIIIIII IIII
111111111||||| 551111111111111111111± DI111111111111111111111111111111111111111111111111111111111111
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FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. N451919
JULIE L DAVIS COMPLAINT
DEFENDANT.
_____________________________________
Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiff is a national banking association organized pursuant to federal law.
2. Upon information and belief, the Defendant(s) resides or has an office in the county in which
this action is brought, or the Defendant(s) transacted business within the county in which this action is
brought, either in person or through an agent and the instant cause of action arose out of said transaction.
3. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action asserted
herein has not expired.
4. Upon information and belief based upon information received from the United States
Department of Defense, Manpower Defense Data Center (a copy of which is attached), the Defendant is not
an active member of any branch of the United States Military.
FACTS
5. A credit account, account no. ending in 2604 (hereafter the "Account"), was opened in
Defendant's name, subject to the terms and conditions provided, or made available in electronic format, to
the Defendant (the "Agreement").
6. Defendant used the Account and incurred a balance.
7. Defendant breached the terms of the Agreement by failing to make the agreed-upon payments
when due, and as a result Plaintiff closed the Account. At the time the Plaintiff closed the Account, the
balance due and owing was $5,779.15, as reflected in the attached statement.
8. Demand for payment of the Account was made on Defendant, but Defendant failed to make
all the required payments. The balance currently due and owing is $5,779.15.
AS AND FOR A FIRST CAUSE OF ACTION
9. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs
as if more fully set forth herein.
10. That upon information and belief, Plaintiff rendered to Defendant a full and true account of
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FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021
the indebtedness owing by the Defendant as a result of nonpayment of the Account, which
statement (a copy of which is attached) was delivered to and accepted without objection by the Defendant,
resulting in an account stated in the sum of $5,779.15, no part of which has been paid despite due demand
therefor.
11. After crediting Defendant for all payments and credits, there is now due and owing by
Defendant to Plaintiff the sum of $5,779.15, no part of which has been paid despite due demand therefor.
AS AND FOR A SECOND CAUSE OF ACTION
12. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs
as if more fully set for herein.
13. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all
payments and credits, there is now due and owing by Defendant to Plaintiff the sum of $5,779.15, no part
of which has been paid despite due demand therefor.
WHEREFORE, Plaintiff demands jüdgracñt against Defendant(s) in the amount of $5,779.15 together
with disbursements. Plaintiff expressly disclaims any right to attorney fees that it may have.
The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief,
formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and
the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief
Administrator.
Dated: JULY 01, 2021
YOURS, T
By:
MICH L EDE ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext. 8991;
S&S File No. N451919
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FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
____________________ _____________________________
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
JULIE L DAVIS S&S FILE NO. N451919
DEFENDANT.
_____________________________________ ____________
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing
System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the
Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that
Section.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. 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@nycourts.gov; mailing address: 60
Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or
internet connection or that they lack (along with all employees subject to their direction) the operational
knowledge to comply with e-filing requirements; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: July 01, 2021
Seli & S lianou, LLP
By: MICHAEL RIEDER ESQ., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: JULIE L DAVIS, 256 STATE ROUTE 14, PENN YAN, NY 14527
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FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES ____________________ _______________________ Plaintiff designates YATES as the County CAPITAL ONE BANK (USA), N.A. place of trial; the defendant resides in YATES County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. N451919 JULIE L DAVIS DEFENDANT. SUMMONS ___________________________________ Plaintiffs address: 4851 COX ROAD, GLEN ALLEN, VA 23060 The Basis of the Venue is Defendant's Residence CONSUMER CREDIT TRANSACTION 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, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney 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 is not personally delivered to you within the state of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: July 01, 2021 Selip & Stylianou, LLP Attorneys for plaintiff P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500 Refer to S&S File No. N451919 Defendant to be served: JULIE L DAVIS, 256 STATE ROUTE 14, PENN YAN, NY 14527 enn--- This c.ñ is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. YOURS, ETC. Selip & Stylianou, LLP By: -- -¬ MICH EL EDER ESQ. IIIIIIIIIIIIIIIII IIII 111111111||||| 551111111111111111111± DI111111111111111111111111111111111111111111111111111111111111 1 of 4 FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES CAPITAL ONE BANK (USA), N.A. PLAINTIFF, INDEX NUMBER: -AGAINST- S&S FILE NO. N451919 JULIE L DAVIS COMPLAINT DEFENDANT. _____________________________________ Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is a national banking association organized pursuant to federal law. 2. Upon information and belief, the Defendant(s) resides or has an office in the county in which this action is brought, or the Defendant(s) transacted business within the county in which this action is brought, either in person or through an agent and the instant cause of action arose out of said transaction. 3. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action asserted herein has not expired. 4. Upon information and belief based upon information received from the United States Department of Defense, Manpower Defense Data Center (a copy of which is attached), the Defendant is not an active member of any branch of the United States Military. FACTS 5. A credit account, account no. ending in 2604 (hereafter the "Account"), was opened in Defendant's name, subject to the terms and conditions provided, or made available in electronic format, to the Defendant (the "Agreement"). 6. Defendant used the Account and incurred a balance. 7. Defendant breached the terms of the Agreement by failing to make the agreed-upon payments when due, and as a result Plaintiff closed the Account. At the time the Plaintiff closed the Account, the balance due and owing was $5,779.15, as reflected in the attached statement. 8. Demand for payment of the Account was made on Defendant, but Defendant failed to make all the required payments. The balance currently due and owing is $5,779.15. AS AND FOR A FIRST CAUSE OF ACTION 9. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. 10. That upon information and belief, Plaintiff rendered to Defendant a full and true account of 2 of 4 FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021 the indebtedness owing by the Defendant as a result of nonpayment of the Account, which statement (a copy of which is attached) was delivered to and accepted without objection by the Defendant, resulting in an account stated in the sum of $5,779.15, no part of which has been paid despite due demand therefor. 11. After crediting Defendant for all payments and credits, there is now due and owing by Defendant to Plaintiff the sum of $5,779.15, no part of which has been paid despite due demand therefor. AS AND FOR A SECOND CAUSE OF ACTION 12. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set for herein. 13. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all payments and credits, there is now due and owing by Defendant to Plaintiff the sum of $5,779.15, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiff demands jüdgracñt against Defendant(s) in the amount of $5,779.15 together with disbursements. Plaintiff expressly disclaims any right to attorney fees that it may have. The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief Administrator. Dated: JULY 01, 2021 YOURS, T By: MICH L EDE ESQ. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext. 8991; S&S File No. N451919 3 of 4 FILED: YATES COUNTY CLERK 07/02/2021 05:50 PM INDEX NO. 2021-5163 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES ____________________ _____________________________ CAPITAL ONE BANK (USA), N.A. PLAINTIFF, -AGAINST- INDEX NUMBER: JULIE L DAVIS S&S FILE NO. N451919 DEFENDANT. _____________________________________ ____________ NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a userID and password. 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@nycourts.gov; mailing address: 60 Centre Street, New York, New York 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements; and 2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.) Dated: July 01, 2021 Seli & S lianou, LLP By: MICHAEL RIEDER ESQ., Attorney for Plaintiff P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; To: JULIE L DAVIS, 256 STATE ROUTE 14, PENN YAN, NY 14527 4 of 4