Preview
FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021
NYSCEFSUPREME COURT
DOC. NO. 1 OF THE STATE OF NEW YORK Index No. RECEIVED NYSCEF: 12/11/2023
COUNTY OF DUTCHESS Date Filed: ________________
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CAPITAL ONE, N.A. SUCCESSOR BY
MERGER TO CAPITAL ONE BANK (USA),
N.A.
SUMMONS (ORIGINAL)
Plaintiff
-against-
AMANDA L DUNLOP The basis of venue is:
DEFENDANT'S RESIDENCE
Defendant(s) Plaintiff's Residence:
---------------------------------------- 1680 CAPITAL ONE DRIVE
MCLEAN, VA 22102
CONSUMER CREDIT TRANSACTION County of FAIRFAX
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 Plaintiff's Attorney(s) within
TWENTY days after the service of this summons, exclusive of the day of
service (or within THIRTY 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 herein.
Dated: Islandia, New York
RUBIN & ROTHMAN, LLC
DECEMBER 11, 2023 Attorneys for Plaintiff
By: _____________________
ALISON WILAND
1787 Veterans Highway
Islandia, NY 11749
(631) 234-1500
DEFENDANT(S) ADDRESS:
AMANDA L DUNLOP
52 HARTS VILLAGE RD APT 3 MILLBROOK, NY 12545
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2110651
Our File No 1535482 Y 7 0- 0 V SZM 000
000006726690
1 of 5
FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021
NYSCEFSUPREME COURT
DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/11/2023
COUNTY OF DUTCHESS Index No.
----------------------------------------
CAPITAL ONE, N.A. SUCCESSOR BY
MERGER TO CAPITAL ONE BANK (USA),
N.A.
Plaintiff
-against- COMPLAINT (ORIGINAL)
AMANDA L DUNLOP
Defendant(s)
----------------------------------------
Plaintiff, by its attorneys, complaining of the defendant(s), alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. Defendant(s) resides in the county in which this action is brought;
or transacted business in the county in which this action is brought
in person or through an agent, or this cause of action arose out of
said transaction. Plaintiff is not required to be licensed by the
NYC Dept of Consumer Affairs because it is not a Debt Collection
Agency as defined by NYC Adm. Code Section 20-489(a).
2. Plaintiff is a national banking association.
3. Defendant(s) used a revolving credit account with Plaintiff and
agreed to make payments for goods and services charged, balance
transfers, and/or cash advances made upon such card.
4. Defendant(s) later defaulted on the terms of the agreement.
5. The last payment in good and collectable funds was received
on or about 5/28/23 in the amount of $ 25.00.
6. The last four digits of the account number printed on the most recent
monthly statement recording a purchase transaction, last payment or
balance transfer are 5124
7. The account balance printed on the most recent monthly statement
recording a purchase transaction, last payment or balance transfer is
$ 6,059.26.
8. The plaintiff is the entity that owned the consumer credit account at
the date of default giving rise to the cause of action and is the
original creditor as defined by CPLR 105(q-1).
2 of 5
FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2023
9. Defendant(s) failed to make the payments due pursuant to the credit
account and $ 5,984.26 is now due and owing to plaintiff from
defendant. This amount includes a charge-off balance of $ 6,059.26,
post charge-off interest of $ .00, post charge-off non-interest
charges or fees and/or other balance adjustments of $ .00,
less post charge-off payments, balance adjustments and/or credits made
on the debt of $ 75.00 .
10. A copy of the charge-off statement issued for the account at issue
is attached hereto.
WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of
$ 5,984.26 and the costs and disbursements of this action.
Plaintiff waives any contractual attorney's fees that may be due
from Defendant(s).
RUBIN & ROTHMAN, LLC
DECEMBER 11, 2023 Attorneys for Plaintiff
1787 Veterans Highway
Islandia, NY 11749
(631) 234-1500
Deponent is an attorney associated with Rubin & Rothman, LLC. To the best
of deponent's knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, the summons and complaint or the
contentions therein are not frivolous as defined in section 130-1.1(c)
of the Rules of the Chief Adm. and the matter was not obtained through
illegal conduct or in violation of 22 NYCRR 1200, Rule 4.5.
Dated: DECEMBER 11, 2023 ______________________
ALISON WILAND
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2110651
Our FILE
OUR File NO
No 1535482 X 9 0- 0 V SZM 000
000006726690
3 of 5
FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021
NYSCEFSUPREME COURT
DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/11/2023
COUNTY OF DUTCHESS
----------------------------------------
CAPITAL ONE, N.A. SUCCESSOR BY
MERGER TO CAPITAL ONE BANK (USA),
N.A.
Plaintiff
-against- Index No.
AMANDA L DUNLOP
Defendant(s)
----------------------------------------
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
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 by an attorney:
Give this Notice to your attorney. (Attorneys: see "Information for
Attorneys" pg. 2).
If you are not represented by an attorney:
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:
Serving and filing your documents electronically.
Free access to view and print your e-filed documents.
Limiting your number of trips to the courthouse.
Paying any court fees on-line (credit card needed).
Our file no.: 1535482 Page 1 of 2 12/11/23 EFM-1
4 of 5
FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2023
To register for e-filing or for more information about how e-filing works:
Visit: www.nycourts.gov/efile-unrepresented or
Contact the Clerk's Office or Help Center at the court where the case was
filed. Court contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourt.
gov
Information for Attorneys
(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: Islandia, New York
DECEMBER 11, 2023
____________________ RUBIN & ROTHMAN, LLC
ALISON WILAND 1787 VETERANS HIGHWAY
RUBIN & ROTHMAN, LLC ISLANDIA, NY 11749
(631) 234-1500
NYDOCS@RUBINROTHMAN.COM
To: AMANDA L DUNLOP
52 HARTS VILLAGE RD APT 3
MILLBROOK, NY 12545
Index no.: Page 2 of 2 12/11/23 EFM-1
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2110651
Our File No 1535482 X 11 0- 0 V SZM 000
000006726690
5 of 5
Preview
FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021 NYSCEFSUPREME COURT DOC. NO. 1 OF THE STATE OF NEW YORK Index No. RECEIVED NYSCEF: 12/11/2023 COUNTY OF DUTCHESS Date Filed: ________________ ---------------------------------------- CAPITAL ONE, N.A. SUCCESSOR BY MERGER TO CAPITAL ONE BANK (USA), N.A. SUMMONS (ORIGINAL) Plaintiff -against- AMANDA L DUNLOP The basis of venue is: DEFENDANT'S RESIDENCE Defendant(s) Plaintiff's Residence: ---------------------------------------- 1680 CAPITAL ONE DRIVE MCLEAN, VA 22102 CONSUMER CREDIT TRANSACTION County of FAIRFAX 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 Plaintiff's Attorney(s) within TWENTY days after the service of this summons, exclusive of the day of service (or within THIRTY 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 herein. Dated: Islandia, New York RUBIN & ROTHMAN, LLC DECEMBER 11, 2023 Attorneys for Plaintiff By: _____________________ ALISON WILAND 1787 Veterans Highway Islandia, NY 11749 (631) 234-1500 DEFENDANT(S) ADDRESS: AMANDA L DUNLOP 52 HARTS VILLAGE RD APT 3 MILLBROOK, NY 12545 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2110651 Our File No 1535482 Y 7 0- 0 V SZM 000 000006726690 1 of 5 FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021 NYSCEFSUPREME COURT DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/11/2023 COUNTY OF DUTCHESS Index No. ---------------------------------------- CAPITAL ONE, N.A. SUCCESSOR BY MERGER TO CAPITAL ONE BANK (USA), N.A. Plaintiff -against- COMPLAINT (ORIGINAL) AMANDA L DUNLOP Defendant(s) ---------------------------------------- Plaintiff, by its attorneys, complaining of the defendant(s), alleges: AS AND FOR A FIRST CAUSE OF ACTION 1. Defendant(s) resides in the county in which this action is brought; or transacted business in the county in which this action is brought in person or through an agent, or this cause of action arose out of said transaction. Plaintiff is not required to be licensed by the NYC Dept of Consumer Affairs because it is not a Debt Collection Agency as defined by NYC Adm. Code Section 20-489(a). 2. Plaintiff is a national banking association. 3. Defendant(s) used a revolving credit account with Plaintiff and agreed to make payments for goods and services charged, balance transfers, and/or cash advances made upon such card. 4. Defendant(s) later defaulted on the terms of the agreement. 5. The last payment in good and collectable funds was received on or about 5/28/23 in the amount of $ 25.00. 6. The last four digits of the account number printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer are 5124 7. The account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer is $ 6,059.26. 8. The plaintiff is the entity that owned the consumer credit account at the date of default giving rise to the cause of action and is the original creditor as defined by CPLR 105(q-1). 2 of 5 FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2023 9. Defendant(s) failed to make the payments due pursuant to the credit account and $ 5,984.26 is now due and owing to plaintiff from defendant. This amount includes a charge-off balance of $ 6,059.26, post charge-off interest of $ .00, post charge-off non-interest charges or fees and/or other balance adjustments of $ .00, less post charge-off payments, balance adjustments and/or credits made on the debt of $ 75.00 . 10. A copy of the charge-off statement issued for the account at issue is attached hereto. WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of $ 5,984.26 and the costs and disbursements of this action. Plaintiff waives any contractual attorney's fees that may be due from Defendant(s). RUBIN & ROTHMAN, LLC DECEMBER 11, 2023 Attorneys for Plaintiff 1787 Veterans Highway Islandia, NY 11749 (631) 234-1500 Deponent is an attorney associated with Rubin & Rothman, LLC. To the best of deponent's knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the summons and complaint or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Rules of the Chief Adm. and the matter was not obtained through illegal conduct or in violation of 22 NYCRR 1200, Rule 4.5. Dated: DECEMBER 11, 2023 ______________________ ALISON WILAND WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2110651 Our FILE OUR File NO No 1535482 X 9 0- 0 V SZM 000 000006726690 3 of 5 FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021 NYSCEFSUPREME COURT DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/11/2023 COUNTY OF DUTCHESS ---------------------------------------- CAPITAL ONE, N.A. SUCCESSOR BY MERGER TO CAPITAL ONE BANK (USA), N.A. Plaintiff -against- Index No. AMANDA L DUNLOP Defendant(s) ---------------------------------------- NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) 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 by an attorney: Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2). If you are not represented by an attorney: 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: Serving and filing your documents electronically. Free access to view and print your e-filed documents. Limiting your number of trips to the courthouse. Paying any court fees on-line (credit card needed). Our file no.: 1535482 Page 1 of 2 12/11/23 EFM-1 4 of 5 FILED: DUTCHESS COUNTY CLERK 12/11/2023 10:56 AM INDEX NO. 2023-55021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/11/2023 To register for e-filing or for more information about how e-filing works: Visit: www.nycourts.gov/efile-unrepresented or Contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourt. gov Information for Attorneys (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: Islandia, New York DECEMBER 11, 2023 ____________________ RUBIN & ROTHMAN, LLC ALISON WILAND 1787 VETERANS HIGHWAY RUBIN & ROTHMAN, LLC ISLANDIA, NY 11749 (631) 234-1500 NYDOCS@RUBINROTHMAN.COM To: AMANDA L DUNLOP 52 HARTS VILLAGE RD APT 3 MILLBROOK, NY 12545 Index no.: Page 2 of 2 12/11/23 EFM-1 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2110651 Our File No 1535482 X 11 0- 0 V SZM 000 000006726690 5 of 5