Preview
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No: E2023-0194
County of CAYUGA
--------------------------------------------x Our File No.: 0808M 409715
CAPITAL ONE, N.A.
Plaintiff,
-against-
SAMANTHA A HANLY
Defendant(s)
-------------------------------------------x
AFFIRMATION OF CERTIFIED COPY OF AFFIDAVIT OF FACTS
The undersigned under penalties of perjury affirms the following:
1. I am an attorney associated with the law firm of Malen & Associates, p.c.
attorneys for the plaintiff and I am familiar with the facts contained herein.
2. I make this affirmation in support of plaintiff's entry of a Judgment.
3. I hereby certify that the annexed affidavit of facts is a copy of the
original affidavit of facts which our office received from Plaintiff.
4. Upon receipt of the original affidavit of facts it is scanned into our
imaging database. The document annexed hereto was printed from the
imaging database and is an exact copy of the original affidavit.
5. Our office is scanning all documents received as its normal business
practice into our "worm" database and is deemed a business record.
WHEREFORE, plaintiff respectfully requests this Court accept the annexed
affidavit of facts as a certified copy of the original.
Dated: May 31, 2023
dam Hughes, ic as Templet n, Dana Arrick
M len & ociat s, p.c.
y-fdf Plaintiff
123 Frost Street
Westbury, NY 11590
(516) 334-3500
1 of 8
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CAYUGA
----------------------------------------------------------) AFFIDAVIT FOR
CAPITAL ONE, N.A. Plaintiff ) DEFAULT JUDGMENT
)
)
against ) Index No: B2023-0194
SAMANTHA A HANLY )
) Our File No:
) 0808M 409715
Defendant(s) )
----------------------------------------------------------)
judgcovshtaff
2 of 8
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
New York State Unified Court System nycourts gov
- 2
UCS-CCR3 (05/2022)
Affidavit of Facts
Page ,
by Original Creditor gov
nycourthelp
The undersigned, being duly sworn, deposes and says
t I, Marva Hinton am a/an [E3employee ¡officer Omember] of Capital One, N.A. successor
by merger to Capital One Bank (USA), N.A. ("Plaintiff"), and I have access to Plaintiff S
books and records ("Business Records"), including electronic records, relating to the account
("Account") of SAMANTHA A HANLY ("Defendant"). The last four digits of the Account
number are XXXXXXXXXXXX4805. In my position, I have personal knowledge of the
procedures for creating and maintaining Plaintiffs Business Records. Plaintiffs Business
Records were made in the regular course of business, and it was the regular course of such
business to make the Business Records. The records were made at or near the time of the
events recorded Based on my review of Plaintiff's Business Records, I have personal
knowledge of the facts set forth in this affidavit.
2. [Check this paragraph if Servicer]
O Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authonzed
Servicer to service and maintain the Business Records relating to the Account, along with
giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff
regarding the Account.
3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to
pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement
The amount of the last payment, if any, made by Defendant was $147.00, made on 01/29/2022
Defendant is now in default and demand for payment has been made. A true and correct copy
of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to
this affidavit
4. [Check this paragraph if seeking judgment on an account stated cause of action]
I have personal knowledge of Plaintiffs procedures for generating and account
mailing
statements to customers. It is the regular practice of Plaintiff's business to provide penodic
account statements to its customers. On or about /____ /_______ _, Plaintiff sent one or
more account statements relating to the Account to Defendant stating the amount due as
$________. The account statement(s) were mailed to Defendant's last known
address and Plaintiffs records do not reflect that the statement(s) were returned by the post
office or that the Defendant objected to them. A true and correct of the final account
copy
statement(s) is attached as an exhibit to this affidavit.
5. [Check this paragraph if seeking judgment on a revolving consumer credit accound
20 At this time. Defendant owes $5945.75 on the Account. This amount includes a charge-off
balance of $5945.75 post-charge-off interest of $00.00 post-charge-off fees and charges of
$00.00 less any post-charge-off credits or payments made by or on behalf of the Defendant of
$00.00
BHIIt-
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IsM1IIII
IMMMIIMBNIllMMtifu10sIMM11N11
IEMMgisine
i·MI i·41tR ü*if"rd- II I I sas
ADA Accomrnodations Spoken or Sign Language Interpreters
aaa@nycourts gov " 212-428-2760 " 646-386-5670
interpreter@nycourts.gov 1-800-couRT-NY(2684869}
3 of 8
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
UCS-CCR3 (05/2022) Page 2
8. Check this paragraph if seeking judgment on a non-revolving consumer credit account]
O At this time, Defendant owes $ on the Account. As set forth in the exhibits
attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) finance
charge or charges: (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney s
fees (vi) interest; and (vii) any other fees and charges, less any credits or payments made by
or on behalf of the Defendant of $
T. As set forth in New York CPLR Article the interest rate applicable to the Account pursuant
50,
to section five thousand four of this chapter applies.
8 [Check if not seeking post-judgment interest]
UA Plaintiff explicitly disclaims any right to post-judgment interest on this Account
WWEREFORE, deponent demands judgment against Defendant for $5945.75 together with the costs
and asbursements of this action.
The above statements are true and correct to the best of my personal knowledge.
Affiant Signature
Marva Hinton
Commonwealth of Virginia, County of Henrico Affiant Name
Swam to before me this day
d May____ .20d
Notary Public
PUBUC
REG#714632
o MY COMMISSION
EXPIRµs
06f30/2025
4 of 8
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
CERTIFICATE OF CONFORMITY
NYS RPL § 299-a
The undersigned does hereby certify that he is an attorney-at-law duly admitted to
practice in the Commonwealth of Virginia and residing in the Commonwealth of Virginia; that
he is fully acquainted with the laws of the Commonwealth of Virginia pertaining to the
acknov.ledgment or proof of deeds of real property to be recorded therein; and that he is a person
duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real
l'roperty Law of the State of New York. The undersigned certifies that the acknowledgment
upon the foregoing document by Marva Hinton, before Debbie Levenson-Melvin, a notary public
in the Commonwealth of Virginia, was taken in the manner prescribed by the laws of the
Conunonwealth of Virginia and conforms to those laws in all respects.
Witness my signature this __ day of May 2023.
William Weaver Snidow, Jr.
Virginia State Bar No. 43219
5 of 8
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
Capital One Account Itemization
Defendant's Full Name SAMANTHA A HANLY
Last Payment Date 01/29/2022
Last Payment Amount $147.00
Charge Off Date 09/05/2022
Chame Off Amount $5945.75
Total Post Charge Off Interest $00.00
lotat Post Charge Off Fees $00.00
Total Post Charge Off Credits $00.00
N00000051976215
011475949
A330
MAllžN & ASSOCIATES, P C.
6 of 8
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
Platinum Card I Platinum Mastercard e n 4805
n 04, 2022 Feb 01 M2
m r onhne and phone paymens. the Previous Salance 0
. n deadhne 6 Sam ET
Payment 00
mmurn Payment Due Other Credits ½ 00
9150.00 oD
. NT MBNEiGO t receive your minimum payment Cash Advances
. s tw n a late fee of up to $40 00
805 Chamerj a Q0
M.UM me anly me mmtmum
o . m1 we :n mterest ami d wm take vou nterest Charged
New Balance DE1
. eay ½AFd w e B I pä n
. .. .. . ....... .. . . . wadable L emt as 01 Feo Dal
er Cash Advance Credit Limit 1200 00
$13.818
57 056 Avahable Credit for Cash Advances M.00
.. . mm s b½ ..Ww: off m about 3 year5 $6,762
Manage your acoon
. ______ anytime
anyWhere,
Pay your bill, set Up aieUS and me
voth the Candal Onr motwle app
Account Notifications
Please check page 3 of this staternent for your Account Notifications-
De Feb 28 2022 Account encmg m 4805
n Payment Due Amount Enclosed Capital one
Q P 0 Box 6492
. O() ---- carol stream a 60197 6G2
7 of 8
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023
Q .
Platim
Aug
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4, 2022 · Sep03
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edrun adoniv·mctsimonemoneyorder)syawetocnitm0re d!" d )rh'
. sM oos leag sevenimsinessdas for dehvers.
8 of 8
Preview
FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No: E2023-0194 County of CAYUGA --------------------------------------------x Our File No.: 0808M 409715 CAPITAL ONE, N.A. Plaintiff, -against- SAMANTHA A HANLY Defendant(s) -------------------------------------------x AFFIRMATION OF CERTIFIED COPY OF AFFIDAVIT OF FACTS The undersigned under penalties of perjury affirms the following: 1. I am an attorney associated with the law firm of Malen & Associates, p.c. attorneys for the plaintiff and I am familiar with the facts contained herein. 2. I make this affirmation in support of plaintiff's entry of a Judgment. 3. I hereby certify that the annexed affidavit of facts is a copy of the original affidavit of facts which our office received from Plaintiff. 4. Upon receipt of the original affidavit of facts it is scanned into our imaging database. The document annexed hereto was printed from the imaging database and is an exact copy of the original affidavit. 5. Our office is scanning all documents received as its normal business practice into our "worm" database and is deemed a business record. WHEREFORE, plaintiff respectfully requests this Court accept the annexed affidavit of facts as a certified copy of the original. Dated: May 31, 2023 dam Hughes, ic as Templet n, Dana Arrick M len & ociat s, p.c. y-fdf Plaintiff 123 Frost Street Westbury, NY 11590 (516) 334-3500 1 of 8 FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CAYUGA ----------------------------------------------------------) AFFIDAVIT FOR CAPITAL ONE, N.A. Plaintiff ) DEFAULT JUDGMENT ) ) against ) Index No: B2023-0194 SAMANTHA A HANLY ) ) Our File No: ) 0808M 409715 Defendant(s) ) ----------------------------------------------------------) judgcovshtaff 2 of 8 FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 New York State Unified Court System nycourts gov - 2 UCS-CCR3 (05/2022) Affidavit of Facts Page , by Original Creditor gov nycourthelp The undersigned, being duly sworn, deposes and says t I, Marva Hinton am a/an [E3employee ¡officer Omember] of Capital One, N.A. successor by merger to Capital One Bank (USA), N.A. ("Plaintiff"), and I have access to Plaintiff S books and records ("Business Records"), including electronic records, relating to the account ("Account") of SAMANTHA A HANLY ("Defendant"). The last four digits of the Account number are XXXXXXXXXXXX4805. In my position, I have personal knowledge of the procedures for creating and maintaining Plaintiffs Business Records. Plaintiffs Business Records were made in the regular course of business, and it was the regular course of such business to make the Business Records. The records were made at or near the time of the events recorded Based on my review of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. [Check this paragraph if Servicer] O Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authonzed Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. 3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement The amount of the last payment, if any, made by Defendant was $147.00, made on 01/29/2022 Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this affidavit 4. [Check this paragraph if seeking judgment on an account stated cause of action] I have personal knowledge of Plaintiffs procedures for generating and account mailing statements to customers. It is the regular practice of Plaintiff's business to provide penodic account statements to its customers. On or about /____ /_______ _, Plaintiff sent one or more account statements relating to the Account to Defendant stating the amount due as $________. The account statement(s) were mailed to Defendant's last known address and Plaintiffs records do not reflect that the statement(s) were returned by the post office or that the Defendant objected to them. A true and correct of the final account copy statement(s) is attached as an exhibit to this affidavit. 5. [Check this paragraph if seeking judgment on a revolving consumer credit accound 20 At this time. Defendant owes $5945.75 on the Account. This amount includes a charge-off balance of $5945.75 post-charge-off interest of $00.00 post-charge-off fees and charges of $00.00 less any post-charge-off credits or payments made by or on behalf of the Defendant of $00.00 BHIIt- I AplMWIlrWMaHNIMblitIII IsM1IIII IMMMIIMBNIllMMtifu10sIMM11N11 IEMMgisine i·MI i·41tR ü*if"rd- II I I sas ADA Accomrnodations Spoken or Sign Language Interpreters aaa@nycourts gov " 212-428-2760 " 646-386-5670 interpreter@nycourts.gov 1-800-couRT-NY(2684869} 3 of 8 FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 UCS-CCR3 (05/2022) Page 2 8. Check this paragraph if seeking judgment on a non-revolving consumer credit account] O At this time, Defendant owes $ on the Account. As set forth in the exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) finance charge or charges: (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney s fees (vi) interest; and (vii) any other fees and charges, less any credits or payments made by or on behalf of the Defendant of $ T. As set forth in New York CPLR Article the interest rate applicable to the Account pursuant 50, to section five thousand four of this chapter applies. 8 [Check if not seeking post-judgment interest] UA Plaintiff explicitly disclaims any right to post-judgment interest on this Account WWEREFORE, deponent demands judgment against Defendant for $5945.75 together with the costs and asbursements of this action. The above statements are true and correct to the best of my personal knowledge. Affiant Signature Marva Hinton Commonwealth of Virginia, County of Henrico Affiant Name Swam to before me this day d May____ .20d Notary Public PUBUC REG#714632 o MY COMMISSION EXPIRµs 06f30/2025 4 of 8 FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 CERTIFICATE OF CONFORMITY NYS RPL § 299-a The undersigned does hereby certify that he is an attorney-at-law duly admitted to practice in the Commonwealth of Virginia and residing in the Commonwealth of Virginia; that he is fully acquainted with the laws of the Commonwealth of Virginia pertaining to the acknov.ledgment or proof of deeds of real property to be recorded therein; and that he is a person duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real l'roperty Law of the State of New York. The undersigned certifies that the acknowledgment upon the foregoing document by Marva Hinton, before Debbie Levenson-Melvin, a notary public in the Commonwealth of Virginia, was taken in the manner prescribed by the laws of the Conunonwealth of Virginia and conforms to those laws in all respects. Witness my signature this __ day of May 2023. William Weaver Snidow, Jr. Virginia State Bar No. 43219 5 of 8 FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 Capital One Account Itemization Defendant's Full Name SAMANTHA A HANLY Last Payment Date 01/29/2022 Last Payment Amount $147.00 Charge Off Date 09/05/2022 Chame Off Amount $5945.75 Total Post Charge Off Interest $00.00 lotat Post Charge Off Fees $00.00 Total Post Charge Off Credits $00.00 N00000051976215 011475949 A330 MAllžN & ASSOCIATES, P C. 6 of 8 FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 Platinum Card I Platinum Mastercard e n 4805 n 04, 2022 Feb 01 M2 m r onhne and phone paymens. the Previous Salance 0 . n deadhne 6 Sam ET Payment 00 mmurn Payment Due Other Credits ½ 00 9150.00 oD . NT MBNEiGO t receive your minimum payment Cash Advances . s tw n a late fee of up to $40 00 805 Chamerj a Q0 M.UM me anly me mmtmum o . m1 we :n mterest ami d wm take vou nterest Charged New Balance DE1 . eay ½AFd w e B I pä n . .. .. . ....... .. . . . wadable L emt as 01 Feo Dal er Cash Advance Credit Limit 1200 00 $13.818 57 056 Avahable Credit for Cash Advances M.00 .. . mm s b½ ..Ww: off m about 3 year5 $6,762 Manage your acoon . ______ anytime anyWhere, Pay your bill, set Up aieUS and me voth the Candal Onr motwle app Account Notifications Please check page 3 of this staternent for your Account Notifications- De Feb 28 2022 Account encmg m 4805 n Payment Due Amount Enclosed Capital one Q P 0 Box 6492 . O() ---- carol stream a 60197 6G2 7 of 8 FILED: CAYUGA COUNTY CLERK 06/14/2023 09:51 AM INDEX NO. E2023-0194 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 06/14/2023 Q . Platim Aug m Card i Piatipunt 4, 2022 · Sep03 Mastercard en ty storitia ion ccouri Stity ria u am eaymem oue o he cred s no 7 R GT CW nD. 75 . ransachons 00 s m serwcea W me -- cash Advances . .93 9 Your fun balance is due. Any j .. 2. o M u(e y n DCe and help pay Oji y00f 000 Fees Charged ma f you ve entered nto a separate New Balance BCS Available Credit (as of Sec 3 2022) Account Notifications n .C the NewYcM State Departmenl of Fmancal Semces to Obtain a t0mparahve credir canj rates im. hshng M . . . e popà rtment of Emant .at $0cvves l·877W6 6697 Or Wmv4is ny gGV “ 5 0Aler SGruice 800 227, !G25 fee zeserss fa Due Account ending m 4805 . knmum Payment Due Amount Ecclosed Candal One d r Q4R p . 75 . s .p ---- Car I 9ream I 60197 64T edrun adoniv·mctsimonemoneyorder)syawetocnitm0re d!" d )rh' . sM oos leag sevenimsinessdas for dehvers. 8 of 8