Preview
FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022
SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION
COUNTYOFTIOGA
- - - - ------------------------------------------- - -X SUMMONS
JPMorgan Chase Bank, N.A.
Plaintiff, COURT INDEX#:
MJRF#: 02195013
-Against-
JACQUELINE MOE Plaintiff's Address:
201 N WALNUT STREET
Defendant(s) WILMINGTON,DE 19801
_ ___________- -- _ _ _ _ ___- - _ __-_- _ ____----- _ _ _ _ _ ____Ç
Defendant's Address:
328 KING HILL RD
NEWARK VALLEY,NY 13811
Plaintiff designates TIOGA County as the place of trial. The basis of the venue is:
DEFENDANT RESIDES IN THE COUNTY
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 Plaintiff's
attorneys within the time provided by law as noted below. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for the relief demanded in the comp int.
Dated: December 20, 2022 /(,
GERALD W. KERRI S. FLYNN
~KRISTINE D. FLYNN -JONATHAN A BARRETO
~SCOTT SCHWABER 'AMY GAVLIK
HULLOOLY,JEFFREY,R00NEY & FL TiN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
P.0.BOX 9036
Syosset, NY 11791-9036
(516)656-5300
NOTE: The law provides that:
(a)If this summons is served by its delivery to you personally within the State of New
York you must appear and answer within TWENTY days after such service; or
(b)If this summons is served by delivery to any person other than you personally, or is
served outside the State of New York or by publication, or by any means other than
personal delivery to you within the State of New York, you are allowed THIRTY days after
service is complete to answer.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
(FIAS) 0001JN
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FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFTIOGA
JPMorgan Chase Bank, N.A.
v. INDEX#:
JACQUELINE MOE MJRF#: 02195013
___________ ________________________________Ç
COMPLAINT
Plaintiff, JPMorgan Chase Bank, N.A., through its attorneys upon information and belief,
claims as follows:
1. That the Defendant(s) resides in the county in which this action is brought; or that
the Defendant(s) transacted business within the county in which this action is brought in
person or through his/her agent and that the instant cause of action arose out of the
said transaction.
2. Plaintiff is a national banking association chartered under the laws of the United
States.
3. Plaintiff is successor-in-interest to Chase Bank USA,N.A.("Chase USA"). Chase USA was
merged into and under the charter and title of Plaintiff, effective May 18,2019.
FIRST CAUSE OF ACTION
4. Defendant applied for and received a credit account (the "Account"), which is owned
and administered by Plaintiff, the original creditor, JPMorgan Chase Bank, N.A. Defendant
used or authorized the use of the Account for the acquisition of goods, services, balance
transfers or cash advances in accordance with the customer agreement("Agreement")
governing use of the Account with Plaintiff.
5. The last payment in good and collectable funds was received on or about 6/30/22 for
the sum of $820.00. Defendant breached the Agreement by failing to make periodic
payments as required thereby and the Account was subsequently charged-off. The entire
balance on the Account is owed to Plaintiff and is presently due and payable in full.
6. Itemization of the amount sought:
Total amount of the debt due as of charge-off: $46,476.76
Total amount of interest accrued since charge-off: +$0.00
Total amount of fees accrued since charge-off: +$0.00
Total amount of non-interest charges since charge-off: +$0.00
Total amount of payments and/or credits since charge-off: -$0.00
The current Account balance is: $46,476.76
The Account is not accruing post charge-off interest.
SECOND CAUSE OF ACTION
7. In accordance with federal regulations, monthly periodic statements for the Account
have been provided to the Defendant and retained without successful objection.
8. The final statement of Account was provided to the Defendant on or about 7/31/22.
Attached hereto as Exhibit "A" is a of the
copy charge-off statement.
9. Based on state law disclosure requirements, the last periodic statement recording a
purchase, last payment, or balance transfer provided to Defendant prior to charge-off
reflected Account number ending in 8982 and a balance of $46,476.76.
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FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022
10. Based on Plaintiff's records, there are no unresolved billing disputes related to the
Account.
WHEREFORE, Plaintiff, JPMorgan Chase Bank, N.A., prays that judgment be entered against
Defendant for:
the sum of $46,476.76.
Respectfully su mitted,
Dated: December 20, 2022
_GERALD W. FL _KERRI S. FLYNN
KRISTINE D. FLYNN JONATHAN A BARRETO
SCOTT SCHWABER /-AMY GAVLIK
MULLOOLY,JEFFREY,R00NEY & FLÝGN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
(FIAS)
Mjrf#:02195013
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FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
- _ __ __ ___ - _____ _____________________________-X
JPMorgan Chase Bank, N.A.
v. INDEX#:
JACQUELINE MOE MJRF#: 02195013
_ ____ ___ _______ _ _ _ _ _ _ _ _ _ ______________ _ _ -- - __Ç
______________________________________Ç
***** NOTICE OF ELECTRONIC FILING *****
_______________________________________
(Mandatory Case: Uniform Rule § 202.5-bb)
(Consensual Case: Uniform Rule § 202.5-b)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
* If you are represented an attorney:
by
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2).
* If you are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your documents
in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection to the
internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
* and your documents
serving filing electronically
* free access to view and print your e-filed documents
* your number of trips to the courthouse
limiting
* court fees on-line (credit card needed)
paying any
To register for e-filing or for more information about how e-filing works:
* visit: http://www.nycourts.gov/efile-unrepresented or
* contact the Clerk's Office or Center at the court where the case was filed. Court
Help
contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourthelp.gov
***** INFORMATION FOR ATTORNEYS *****
Consensual Case:
An attorney representing a party who is served with this notice must either consent or
decline consent to electronic filing and service through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner
provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to
participate in e-filing must first create a NYSCEF account and obtain a user ID and
password prior to recording their consent by going to www.nycourts.gov/efile.
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FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022
Attorneys declining to consent must file with the court and serve on all parties of
record a declination of consent.
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: nyscef@nycourts.gov).
Mandatory Case: (E-filing is Mandatory for Attorneys)
_____ ____ _ _____
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 www.nycourts.gov/efile; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. 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 (along with all employees subject to their
direction) the knowledge to operate such equipment. [Section 202.5-bb(e)]
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: nyscef@nycourts.gov).
Dated: December 20, 2022
GERALD W. FLYNN KERRI S. FLYNN
_KRISTINE D. FLYN JONATHAN A BARRETO
SCOTT SCHWABER AMY GAVLIK
MULLOOLY,JEFFREY, ONEY & FL NN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
EFILE@MJRF.COM
TO:JACQUELINE MOE
328 KING HILL RD
NEWARK VALLEY,NY 13811
Mjrf#:02195013
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Preview
FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION COUNTYOFTIOGA - - - - ------------------------------------------- - -X SUMMONS JPMorgan Chase Bank, N.A. Plaintiff, COURT INDEX#: MJRF#: 02195013 -Against- JACQUELINE MOE Plaintiff's Address: 201 N WALNUT STREET Defendant(s) WILMINGTON,DE 19801 _ ___________- -- _ _ _ _ ___- - _ __-_- _ ____----- _ _ _ _ _ ____Ç Defendant's Address: 328 KING HILL RD NEWARK VALLEY,NY 13811 Plaintiff designates TIOGA County as the place of trial. The basis of the venue is: DEFENDANT RESIDES IN THE COUNTY 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 Plaintiff's attorneys within the time provided by law as noted below. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the comp int. Dated: December 20, 2022 /(, GERALD W. KERRI S. FLYNN ~KRISTINE D. FLYNN -JONATHAN A BARRETO ~SCOTT SCHWABER 'AMY GAVLIK HULLOOLY,JEFFREY,R00NEY & FL TiN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 P.0.BOX 9036 Syosset, NY 11791-9036 (516)656-5300 NOTE: The law provides that: (a)If this summons is served by its delivery to you personally within the State of New York you must appear and answer within TWENTY days after such service; or (b)If this summons is served by delivery to any person other than you personally, or is served outside the State of New York or by publication, or by any means other than personal delivery to you within the State of New York, you are allowed THIRTY days after service is complete to answer. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. (FIAS) 0001JN 1 of 5 FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFTIOGA JPMorgan Chase Bank, N.A. v. INDEX#: JACQUELINE MOE MJRF#: 02195013 ___________ ________________________________Ç COMPLAINT Plaintiff, JPMorgan Chase Bank, N.A., through its attorneys upon information and belief, claims as follows: 1. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business within the county in which this action is brought in person or through his/her agent and that the instant cause of action arose out of the said transaction. 2. Plaintiff is a national banking association chartered under the laws of the United States. 3. Plaintiff is successor-in-interest to Chase Bank USA,N.A.("Chase USA"). Chase USA was merged into and under the charter and title of Plaintiff, effective May 18,2019. FIRST CAUSE OF ACTION 4. Defendant applied for and received a credit account (the "Account"), which is owned and administered by Plaintiff, the original creditor, JPMorgan Chase Bank, N.A. Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement("Agreement") governing use of the Account with Plaintiff. 5. The last payment in good and collectable funds was received on or about 6/30/22 for the sum of $820.00. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 6. Itemization of the amount sought: Total amount of the debt due as of charge-off: $46,476.76 Total amount of interest accrued since charge-off: +$0.00 Total amount of fees accrued since charge-off: +$0.00 Total amount of non-interest charges since charge-off: +$0.00 Total amount of payments and/or credits since charge-off: -$0.00 The current Account balance is: $46,476.76 The Account is not accruing post charge-off interest. SECOND CAUSE OF ACTION 7. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. 8. The final statement of Account was provided to the Defendant on or about 7/31/22. Attached hereto as Exhibit "A" is a of the copy charge-off statement. 9. Based on state law disclosure requirements, the last periodic statement recording a purchase, last payment, or balance transfer provided to Defendant prior to charge-off reflected Account number ending in 8982 and a balance of $46,476.76. 2 of 5 FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 10. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. WHEREFORE, Plaintiff, JPMorgan Chase Bank, N.A., prays that judgment be entered against Defendant for: the sum of $46,476.76. Respectfully su mitted, Dated: December 20, 2022 _GERALD W. FL _KERRI S. FLYNN KRISTINE D. FLYNN JONATHAN A BARRETO SCOTT SCHWABER /-AMY GAVLIK MULLOOLY,JEFFREY,R00NEY & FLÝGN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. (FIAS) Mjrf#:02195013 3 of 5 FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA - _ __ __ ___ - _____ _____________________________-X JPMorgan Chase Bank, N.A. v. INDEX#: JACQUELINE MOE MJRF#: 02195013 _ ____ ___ _______ _ _ _ _ _ _ _ _ _ ______________ _ _ -- - __Ç ______________________________________Ç ***** NOTICE OF ELECTRONIC FILING ***** _______________________________________ (Mandatory Case: Uniform Rule § 202.5-bb) (Consensual Case: Uniform Rule § 202.5-b) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. * If you are represented an attorney: by Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2). * If you are not represented an attorney: by You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: * and your documents serving filing electronically * free access to view and print your e-filed documents * your number of trips to the courthouse limiting * court fees on-line (credit card needed) paying any To register for e-filing or for more information about how e-filing works: * visit: http://www.nycourts.gov/efile-unrepresented or * contact the Clerk's Office or Center at the court where the case was filed. Court Help contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourthelp.gov ***** INFORMATION FOR ATTORNEYS ***** Consensual Case: An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile. 4 of 5 FILED: TIOGA COUNTY CLERK 12/22/2022 02:54 PM INDEX NO. 2022-00062772 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/22/2022 Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. 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: nyscef@nycourts.gov). Mandatory Case: (E-filing is Mandatory for Attorneys) _____ ____ _ _____ 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 www.nycourts.gov/efile; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. 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 (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] 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: nyscef@nycourts.gov). Dated: December 20, 2022 GERALD W. FLYNN KERRI S. FLYNN _KRISTINE D. FLYN JONATHAN A BARRETO SCOTT SCHWABER AMY GAVLIK MULLOOLY,JEFFREY, ONEY & FL NN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 EFILE@MJRF.COM TO:JACQUELINE MOE 328 KING HILL RD NEWARK VALLEY,NY 13811 Mjrf#:02195013 5 of 5