Complaint,Petition: Capital One Bank (Usa), N.A. v. Deborah A Boehnke

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                                (FILED: NIAGARA COUNTY CLERK 1272172016 02:48 PM                                                            INDEX   NO.    E160268/2016
 NYSCEF DOC. NO. 1                                                         ‘                         RECEIVED    NYSCEF:       12/21/2016
   Nort

                                     Index No:
                                     Date Filed:

                                     CONSUMER CREDIT TRANSACTION
   SUPREME COURT OF THE STATE OF NEW YORK.                                                0808B 31 Set
   COUNTY OF NIAGARA
   eee eee erence nen nena nenneeene!
   CAPITAL ONE BANK (USA), N.A.                                                SUMMONS AND COMPLAINT


                             Plaintiff                  The basis of the venue designated is: County in which defendant(s) resides
                   against                         The defendant resides in the county of NIAGARA
                                                The transaction took place out of state.
  DEBORAH A BOEHNKE


                             Defendant
                                                nek
  To      the above name     erent       t(s)

  You are hereby summoned and required to answer the complaint in this action and to serve a copy of your answer, or,
  if the complaint is not served with summons, to serve a notice of appearance, on the Plaintiff's 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);
                                                                                                                          th
                   th
  and in case of our failure to appear or answer, judgement will be taken against you by default for the relief
  demanded in e complaint.
  Nov 22, 2016
  Defendant's address:
  DEBORAH A BOEHNKE
  944 BALMER RD
  YOUNGSTOWN NY 14174-9770




  Attorney(s) for Plaintiff
       falen & Associates, p.c.
  123 Frost Street, Suite 203


                                                                     ce)
  Westbury, NY 11590
  (516) 334-3500 Ext: 5906                        effrey Wolstein,

  The relief sought is: See attached complaint
  Upon your failure to ay ppear, judgment will be taken against you by default for the sum of $ 2577.33
  with costs and disbursements of this action.
  This is an attempt to collect a debt, any information obtained will be used for that purpose.
  We are a Debt Collector.



          OAC                              IOUT                                IOUT
                                                                                           ORIGINAL
Filed in Niagara County Clerk's Office                   12/21/2016 of 2                          Index # E160268/2016
SUPREME COURT OF THE STATE OF NEW YORK                                       INDEX # |
COUNTY OF NIAGARA
ences       meneeeenennnennnnnne ~-X   OUR FILE #: 0808B                             -318284
CAPITAL ONE BANK (USA), N.A.


            Plaintiff,                                 COMPLAINT
        -against-
DEBORAH A BOEHNKE


                                               Plaintiff's Address:
               Defendant(s)                          15000 Capital One Dr.
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     ene encncenennnnnnnnnnnnnenmnnnnee X             Richmond VA 23238

PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C, COMPLAINING OF the Defendant(s),
allege(s) upon information and belief:

   1. Plaintiff is a Corp licensed to do business in NY.

      Upon information and belief Plaintiff is not required to be licensed by the New York City Department of
      Consumer Affairs.
   2, Defendant DEBORAH A BOEHNKE resides or has its principal place of
      business at: 944 BALMER RD YOUNGSTOWN NY 14174-9770



   3. Upon Information and belief the transaction of business occurred within NIAGARA County.

   4. CAUSE OF ACTION NUMBER ONE:
      Defendant(s) executed an agreement wherein Plaintiff agreed to extend credit or cash advance on a revolving basis which
      credit or advance was to be paid in monthly installments, There remains due and owing the sum of $ 2577.33.



   5. That no portion of the aforementioned sum has been paid, although duly demanded.

   6, CAUSE OF ACTION NUMBER TWO:
     Plaintiff repeats each allegation contained in paragraphs 1 through 5, inclusive.

   7, An account was taken and stated showing a balance of $ 2577.33 due and owing to Plaintiff by Defendant(s), no part of
      which has been paid, although duly demanded, which Defendant(s) did not object to.

   Plaintiff expressly disclaims any right to attorney fees that it may have.

     WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 2577.33 on the first cause of action;
the sum of $ 2577.33 on the second cause of act; gn; together with costs and disbursements.


DATED: Nov 22, 2016
     Westbury, New York
                                        frey
                                            Aa  Wol;
     YOURS, etc.
     MALEN & ASSOCIATES, p.c.
     Attorneys for Plaintiff                This is an attempt to collect a debt. Any information obtained will be
     123 Frost Street, Suite 203                       ised for that purpose. We are a Debt Collector.
     Westbury, N.Y. 11590
     (516) 334-3500 Extension: 5906




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