Preview
FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
____________________________________________ Plaintiff designates TIOGA as the
County
CAPITAL ONE, N.A. place of trial; the defendant resides in
TIOGA County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. N471887
WILLIAM B CORDICK
DEFENDANT. SUMMONS
____________________________________________ Plaintiffs address: 4851 COX ROAD, GLEN
ALLEN, VA 23060
The Basis of the Venue isDefendant'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, ifthe complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days afterthe service of this summons,
exclusive of the day of service (orwithin 30 days after the service iscomplete ifthis summons is
not personally delivered to you within the stateof New York); and in case of your failureto
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: December 15, 2022
Selip & Stylianou, LLP
Attorneys forplaintiff
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. N471887
Defendant to be served: WILLIAM B CORDICK, 2624 BORNT HILL RD, ENDICOTT, NY
13760
This communication is from a debt collector and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
By:
DONNA A. MPA ESQ.
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FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
__________________________________________________
CAPITAL ONE, N.A.
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. N471887
WILLIAM B CORDICK COMPLAINT
DEFENDANT.
__________________________________________________
Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiffisa nationalbanking association organized pursuant to federallaw and is successor
by merger effective October 1, 2022 to CapitalOne Bank (USA), N.A. (see attached OCC letterdated
September 21, 2022).
2. Upon information and belief,the Defendant(s) residesor has an office in thevenue in which
thisaction is brought,or theDefendant(s) transacted business within the venue in which thisaction is
brought, eitherinperson or through an agent, and the instantcause of actionarose out ofsaid transaction.
3. Based upon a reasonable inquiry,the Statute of Limitations forthe causes of actionasserted
hereinhas 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 isattached),the Defendant isnot
an activemember of any branch of theUnited States Military.
FACTS
5. A revolving credit account (hereafterthe "Account") was opened in Defendant's name, subject
to theterms and conditions provided, or made available in electronicformat, to theDefendant (the
"Agreement"). A copy of thecharge-off statement isattached hereto.Plaintiffis theoriginalcreditor (as
defined inNY CPLR § 105(q-1)) and owner of theAccount.
6. Defendant used the Account and incurred a balance. The lastfourdigitsof theAccount
number on the most recent monthly statement recording a purchase transaction, lastpayment, or balance
transfer(the "LastActivity Statement") are 2922,and the balance owed as setforthin theLast Activity
Statement was $7,789.93.
7. Defendant breached the terms of theAgreement by failing to make the agreed-upon payments
when due.
8. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make
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FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022
allthe requiredpayments. The Defendant's lastpayment was made on orabout October 05,
2021 inthe amount of $169.00.
9. As a resultof Defendant's default,the Plaintiffclosed the Account and subsequently charged it
off on May 12, 2022 in theamount of $8,591.24, as reflectedinthe attached statement, which was mailed
or otherwise made availableto theDefendant on or about May 12,2022.
10. The balance currently due and owing is$8,591.24, itemized as follows:
Balance due at time of charge-off: $8,591.24
Plus total amount of interest accrued since charge-off: $0.00
Plus total amount of non-interest charges or fees since charge-off: $0.00
Plus total amount of dishonored payments: $0.00
Less total amount of payments and/or credits since charge-off: $0.00
AS AND FOR A FIRST CAUSE OF ACTION
11. Plaintiff
repeats and realleges each and every allegationcontained inthe foregoing paragraphs
as ifmore fully setfor herein.
12. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all
payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$8,591.24, no part
of which has been paid despite due demand therefor.
WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $8,591.24 together
with disbursements. Plaintiffexpressly disclaims any right to attorneyfees thatitmay have.
The undersigned attorney hereby certifies
that,to thebest of his/herknowledge, information, and belief,
formed afteran inquiry reasonable under the circumstances, the presentation of thewithin complaint and
the contentionstherein are not frivolousas defined in part130-1.1(c) of therules of theChief
Administrator.
Dated: DECEMBER 15, 2022
YOURS,
By:
DONNA A. C A 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. N471887
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FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
__________________________________________________
CAPITAL ONE, N.A.
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
WILLIAM B CORDICK S&S FILE NO. N471887
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: December 15, 2022
Selip & St ou, LLP
By: DONNA A. CIAMPA 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: WILLIAM B CORDICK, 2624 BORNT HILL RD, ENDICOTT, NY 13760
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Preview
FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA ____________________________________________ Plaintiff designates TIOGA as the County CAPITAL ONE, N.A. place of trial; the defendant resides in TIOGA County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. N471887 WILLIAM B CORDICK DEFENDANT. SUMMONS ____________________________________________ Plaintiffs address: 4851 COX ROAD, GLEN ALLEN, VA 23060 The Basis of the Venue isDefendant'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, ifthe complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days afterthe service of this summons, exclusive of the day of service (orwithin 30 days after the service iscomplete ifthis summons is not personally delivered to you within the stateof New York); and in case of your failureto 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: December 15, 2022 Selip & Stylianou, LLP Attorneys forplaintiff 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. N471887 Defendant to be served: WILLIAM B CORDICK, 2624 BORNT HILL RD, ENDICOTT, NY 13760 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. By: DONNA A. MPA ESQ. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 of 4 FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA __________________________________________________ CAPITAL ONE, N.A. PLAINTIFF, INDEX NUMBER: -AGAINST- S&S FILE NO. N471887 WILLIAM B CORDICK COMPLAINT DEFENDANT. __________________________________________________ Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiffisa nationalbanking association organized pursuant to federallaw and is successor by merger effective October 1, 2022 to CapitalOne Bank (USA), N.A. (see attached OCC letterdated September 21, 2022). 2. Upon information and belief,the Defendant(s) residesor has an office in thevenue in which thisaction is brought,or theDefendant(s) transacted business within the venue in which thisaction is brought, eitherinperson or through an agent, and the instantcause of actionarose out ofsaid transaction. 3. Based upon a reasonable inquiry,the Statute of Limitations forthe causes of actionasserted hereinhas 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 isattached),the Defendant isnot an activemember of any branch of theUnited States Military. FACTS 5. A revolving credit account (hereafterthe "Account") was opened in Defendant's name, subject to theterms and conditions provided, or made available in electronicformat, to theDefendant (the "Agreement"). A copy of thecharge-off statement isattached hereto.Plaintiffis theoriginalcreditor (as defined inNY CPLR § 105(q-1)) and owner of theAccount. 6. Defendant used the Account and incurred a balance. The lastfourdigitsof theAccount number on the most recent monthly statement recording a purchase transaction, lastpayment, or balance transfer(the "LastActivity Statement") are 2922,and the balance owed as setforthin theLast Activity Statement was $7,789.93. 7. Defendant breached the terms of theAgreement by failing to make the agreed-upon payments when due. 8. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make 2 of 4 FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022 allthe requiredpayments. The Defendant's lastpayment was made on orabout October 05, 2021 inthe amount of $169.00. 9. As a resultof Defendant's default,the Plaintiffclosed the Account and subsequently charged it off on May 12, 2022 in theamount of $8,591.24, as reflectedinthe attached statement, which was mailed or otherwise made availableto theDefendant on or about May 12,2022. 10. The balance currently due and owing is$8,591.24, itemized as follows: Balance due at time of charge-off: $8,591.24 Plus total amount of interest accrued since charge-off: $0.00 Plus total amount of non-interest charges or fees since charge-off: $0.00 Plus total amount of dishonored payments: $0.00 Less total amount of payments and/or credits since charge-off: $0.00 AS AND FOR A FIRST CAUSE OF ACTION 11. Plaintiff repeats and realleges each and every allegationcontained inthe foregoing paragraphs as ifmore fully setfor herein. 12. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$8,591.24, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $8,591.24 together with disbursements. Plaintiffexpressly disclaims any right to attorneyfees thatitmay have. The undersigned attorney hereby certifies that,to thebest of his/herknowledge, information, and belief, formed afteran inquiry reasonable under the circumstances, the presentation of thewithin complaint and the contentionstherein are not frivolousas defined in part130-1.1(c) of therules of theChief Administrator. Dated: DECEMBER 15, 2022 YOURS, By: DONNA A. C A 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. N471887 3 of 4 FILED: TIOGA COUNTY CLERK 12/16/2022 05:14 PM INDEX NO. 2022-00062761 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA __________________________________________________ CAPITAL ONE, N.A. PLAINTIFF, -AGAINST- INDEX NUMBER: WILLIAM B CORDICK S&S FILE NO. N471887 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: December 15, 2022 Selip & St ou, LLP By: DONNA A. CIAMPA 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: WILLIAM B CORDICK, 2624 BORNT HILL RD, ENDICOTT, NY 13760 4 of 4