Preview
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
Prog
Index No:
Date Filed:
****CONSUMER CREDIT TRANSACTION****
SUPREME COURT OF THE STATE OF NEW YORK 0808M 423468
COUNTY OF OSWEGO Clt Acet: XXXXXXXXXXXX7033
______________________-..___________________--Ç
CAPITAL ONE, N.A. SUMMONS
Plaintiff The basis of the venue designated is: County in which defendant(s) resides
against The defendant resides in the county of OSWEGO
The transaction took place out of state.
CYNTHIA J SANDLER
Defendant(s)
-------------------------____________________Ç
To the above named Defendant(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 Plaintiffs Attorney(s)
within 20 days aner the service of this summons, exclusive of the day of service (or within 30 days aRer the
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, judgement will be taken against you by default for the relief
demanded in the complaint.
Feb 26, 2024
Defendant's address:
CYNTHIA J SANDLER
252 DURBIN RD
HANNIBAL NY 13074-0312
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203
Westbury, NY 11590
(516) 334-3500 Ext: 5926 A Hu hes icholas Temp n
New York City Department of Consum icense: 2046078-D
Upon your failure to appear, judgment will be taken against you by default for the sum of $ 2054.65
with statutory 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.
1 of 7
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF OSWEGO
--------------------------X OUR FILE #: 0808M -423468
CAPITAL ONE, N.A.
Plaintiff, COMPLAINT
-against-
CYNTHIA J SANDLER
Plaintiff s Address:
Defendant(s) 15000 Capital One Drive
---------------------------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 National Banking Association and is the Original Creditor.
Capital One, N.A. is the successor by merger to Capital One Bank (USA), N.A.
Upon information and belief Plaintiff is not required to be licensed by the New York City Department of
Consumer Affairs.
2. Defendant CYNTHIA J SANDLER resides or has its principal place of
business at: 252 DURBIN RD HANNIBAL NY 13074-0312
3. Upon Information and belief the transaction of business occurred within OSWEGO 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 $2054.65.
Account number ending in: XXXXXXXXXXXX7033 Card Type: QUICKSILVER
5. That no portion of the aforementioned sum has been paid, although duly demanded.
Plaintiff expressly disclaims any right to attorney fees that it may have.
Total amount due of debt at Charge-Off: $ 2054.65
Total amount of Interest acrrued since Charge-Off: None
Total amount of Non-Interest charges or fees accrued since Charge-Off: None
Total amount credited since Charge-Off: $ .00
Date of last payment: 09/02/22 Amount of last payment: $ 50.00
The Account Balance printed on the most recent monthly statement recording a purchase
last payment or balance transfer: $ 2004.16
WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 2054.65 on the first cause of action;
together with statutory costs and disbursements.
DATED: Feb 26, 2024
Westbury, New York
dam Hughes, Ni olas Templeton
MALEN & ASSOCIATES, p.cN
Attorneys for Plaintiff This is an attempt to collect Anó information
a debt. obtained will be
123 Frost Street, Suite 203 used for that purpose. We are a Debt Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5926
New York City Department of Consumer Affairs License: 2046078-DCA
2 of 7
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
-------------------------------------------
CAPITAL ONE, N.A. File No. 0808M 423468
Plaintiff
-against-
CYNTHIA J SANDLER Index#:
Defendant(s)
-----------------------------------------
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been
commenced by filing accompanyingof the documents with the County Clerk, 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.
The New York State Courts Electronic Filing System ("NYSCEF") is
designed for the electronic filing of documents with the County Clerk and the court
and for the electronic service of those documents, court documents, and court notices
upon counsel and self-represented parties. Counsel and/or parties who do not notify
the court of a claimed exemption (see below) as required by Section 202.5-bb(e)
must immediately record their representation within the e-filed matter on the Consent
page in NYSCEF. Failure to do so may result in an inability to receive electronic
notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify
in good faith that they lack the computer equipment and (along with all employees)
the requisite knowledge to comply; and 2) self-represented parties who choose not to
participate in e-filing. For additional information about electronic filing, including
access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile
or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
Dated: Feb 26, 2024
A Hughes, i as Templetðn
M E S .IATES, P.C.
123 Frost Street
Westbury, NY 11590
516.334.3500
To: CYNTHIA J SANDLER
252 DURBIN RD
HANNIBAL NY 13074-0312
This is an attempt to collect a debt, any information obtained shall be used for that
purpose. We are Debt Collectors.
New York City Department of Consumer Affairs License: 2046078-DCA
supremeefile
3 of 7
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
Page 1 of 2
Quicksilver Credit Card I Visa Platinum ending in 7033
QUICKSlWER Feb 22, 2023 - Mar 24, 2023 I 31 days in Billing Cycle
Payment Due Date For online and phone payments, the Previous Balance $2,045.96
deadline is 8pm ET.
Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$2,054.65 $2,054.65 Transactions +$0.00
IMPORTANT: Your account has charged off and is now serviced by the Cash Advances + $0.00
Recoveries department at 1-800-258-9319. Your fuH balance is due. Any
payment you make will reduce your balance and help pay off your debt Fees Charged + $0.00
faster. The amount you owe may differ if you've entered into a separate
payment agreement. Interest Charged + $8.69
New Balance = $2,054.65
Available Credit (as of Mar 24, 2023) N/A
Account Notifications
New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace
periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov.
Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information
CYNTHIA J SANDLER
252 DURBIN RD
HANNIBAL, NY 13074-0312
I li|||ul glilllli|glg|glln|l 11111 I
li|þ|ugllul|
Payment Due Date: Past Due Account ending in 7033
New Balance Minimum Payment Due Amount Enclosed Capital One
$2,054.65 $2,054.65 $ ;°¿°S°tea°m°°. 60197-4069
Pleasesendusthis portionof yourstatementandonlyonecheck(oronemoneyorder)payableto CapitalOne I I 'I 'll'II "" I I 'lll"II"Ill"
te ensureyourpaymentis processed promptly.Allowat leastsevenbusinessd
4 of 7
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
Page 1 of 2
Quicksilver Credit Card I Visa Platinum ending in 7033
QUICKSlWER Feb 22, 2023 - Mar 24, 2023 I 31 days in Billing Cycle
MMMelilitSS111AI1AAP:If
Payment Due Date For online and phone payments, the Previous Balance $2,045.96
deadline is 8pm ET.
Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$2,054.65 $2,054.65 Transactions +$0.00
IMPORTANT: Your account has charged off and is now serviced by the Cash Advances + $0.00
Recoveries department at 1-800-258-9319. Your full balance is due. Any
payment you make will reduce your balance and help pay off your debt Fees Charged + $0.00
faster. The amount you owe may differ if you've entered into a separate
payment agreement. Interest Charged + $8.69
New Balance = $2,054.65
Available Credit (as of Mar 24, 2023) N/A
Account Notifications
New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace
periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov.
Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information
CYNTHIA J SANDLER
252 DURBIN RD
HANNIBAL, NY 13074-0312
l|gli|||niggli||i|ngllil 111111u|gl 11u|lpgl1111s|g|gli|g
Payment Due Date: Past Due Account ending in 7033
New Balance Minimum Payment Due Amount Enclosed Capital One
$2,054.65 $2,054.65 $ S°t,ea 60197-4069
Pleasesendusthis portionof yourstatementandonlyonecheck(oronemoneyorder)payableto CapitalOne II I 'I 'll'lll"" I I 'I " "I
to ensureyourpaymentis processed promptly.Allowat leastsevenbusinessda
5 of 7
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
---------------------------------------X
CAPITAL ONE, N.A.
Plaintiff,
FILE NO: 0808M 423468
-against- AFFIDAVIT OF
INVESTIGATOR
CYNTHIA J SANDLER NON-MILITARY STATUS
Defendant(s).
__________________--___________________Ç
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned being duly sworn, deposes and says: That
your deponent is not a party to this action, is over the age of
eighteen of years, and is employed by Malen & Associates, P.C., 123
Frost Street, Westbury, NY 11590.
Plaintiff has attempted to confirm if the following defendant(s),
hereinafter known as "the Defendant(s)", are in the military service:
CYNTHIA J SANDLER
I have been requested by Malen & Associates, P.C., attorneys
for Plaintiff to swear as to my own personal knowledge whether or not
the Defendant(s) are in military service pursuant to United States
Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A.
App. Secs. 501 et seq and the New York State Military Law, Article XIII,
Soldiers and Sailors Civil Relief Act, Sections 300 to 327.
I communicated with the Department of Defense, Defense
Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington,
VA 22209 wherein I provided them with the Defendant(s) name(s), date(s)
of birth or social security number(s) which we know is accurate because
the information is contained in Plaintiff's file. In response to my
inquiry it was confirmed on 02/26/24 that the Defendant(s) were not in
any branch of the military service.
From the facts above set forth, I am convinced that the
Defendant(s) are not in any branch of the military service at the
present time.
Lauren Chapin
Sworn to before me on
affinonmil lauren2 02/2s/24
NOTARY
Notary Public, State of New York
Demetra D. Romanelli
Qualified in Nassau County
No. 01R06402110
Commission Expires Dec.23,2027
6 of 7
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024
Department of Defense Manpower Data Center Results
asof: Feb-26-2024
05:59:37
AM
SCRA5 19
Status Report
Pursuant to Seivicemembers Civil Relief Act
SSN: XXX-XX-7868
Birth Date:
Last Name: SANDLER
First Name: CYNTHIA
Middle Name: J
Status As Of: Feb-26-2024
Certificate ID: T57ZSOD7RY28Y4X
OnAcilveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponsereflectstheindividuals'
aclivedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWilhin367DaysofAcliveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse
reflects
wheretheindividual
leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
TheMember
orHis/HerUnitWasNotified
ofa FutureCall-Up
toActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotification
EndDate Status Service
Component
NA NA No NA
Thisresponse whether
reflects theindividual
orhis/herunithasreceived
earlynotification
toreportforactiveduty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you
provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine
Corps, Air Force, Space Force, NOAA, Public
Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
File #: 423468
7 of 7
Preview
FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 Prog Index No: Date Filed: ****CONSUMER CREDIT TRANSACTION**** SUPREME COURT OF THE STATE OF NEW YORK 0808M 423468 COUNTY OF OSWEGO Clt Acet: XXXXXXXXXXXX7033 ______________________-..___________________--Ç CAPITAL ONE, N.A. SUMMONS Plaintiff The basis of the venue designated is: County in which defendant(s) resides against The defendant resides in the county of OSWEGO The transaction took place out of state. CYNTHIA J SANDLER Defendant(s) -------------------------____________________Ç To the above named Defendant(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 Plaintiffs Attorney(s) within 20 days aner the service of this summons, exclusive of the day of service (or within 30 days aRer the 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, judgement will be taken against you by default for the relief demanded in the complaint. Feb 26, 2024 Defendant's address: CYNTHIA J SANDLER 252 DURBIN RD HANNIBAL NY 13074-0312 Attorney(s) for Plaintiff Malen & Associates, p.c. 123 Frost Street, Suite 203 Westbury, NY 11590 (516) 334-3500 Ext: 5926 A Hu hes icholas Temp n New York City Department of Consum icense: 2046078-D Upon your failure to appear, judgment will be taken against you by default for the sum of $ 2054.65 with statutory 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. 1 of 7 FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX #: COUNTY OF OSWEGO --------------------------X OUR FILE #: 0808M -423468 CAPITAL ONE, N.A. Plaintiff, COMPLAINT -against- CYNTHIA J SANDLER Plaintiff s Address: Defendant(s) 15000 Capital One Drive ---------------------------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 National Banking Association and is the Original Creditor. Capital One, N.A. is the successor by merger to Capital One Bank (USA), N.A. Upon information and belief Plaintiff is not required to be licensed by the New York City Department of Consumer Affairs. 2. Defendant CYNTHIA J SANDLER resides or has its principal place of business at: 252 DURBIN RD HANNIBAL NY 13074-0312 3. Upon Information and belief the transaction of business occurred within OSWEGO 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 $2054.65. Account number ending in: XXXXXXXXXXXX7033 Card Type: QUICKSILVER 5. That no portion of the aforementioned sum has been paid, although duly demanded. Plaintiff expressly disclaims any right to attorney fees that it may have. Total amount due of debt at Charge-Off: $ 2054.65 Total amount of Interest acrrued since Charge-Off: None Total amount of Non-Interest charges or fees accrued since Charge-Off: None Total amount credited since Charge-Off: $ .00 Date of last payment: 09/02/22 Amount of last payment: $ 50.00 The Account Balance printed on the most recent monthly statement recording a purchase last payment or balance transfer: $ 2004.16 WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 2054.65 on the first cause of action; together with statutory costs and disbursements. DATED: Feb 26, 2024 Westbury, New York dam Hughes, Ni olas Templeton MALEN & ASSOCIATES, p.cN Attorneys for Plaintiff This is an attempt to collect Anó information a debt. obtained will be 123 Frost Street, Suite 203 used for that purpose. We are a Debt Collector. Westbury, N.Y. 11590 (516) 334-3500 Extension: 5926 New York City Department of Consumer Affairs License: 2046078-DCA 2 of 7 FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO ------------------------------------------- CAPITAL ONE, N.A. File No. 0808M 423468 Plaintiff -against- CYNTHIA J SANDLER Index#: Defendant(s) ----------------------------------------- NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing accompanyingof the documents with the County Clerk, 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. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel and/or parties who do not notify the court of a claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us. Dated: Feb 26, 2024 A Hughes, i as Templetðn M E S .IATES, P.C. 123 Frost Street Westbury, NY 11590 516.334.3500 To: CYNTHIA J SANDLER 252 DURBIN RD HANNIBAL NY 13074-0312 This is an attempt to collect a debt, any information obtained shall be used for that purpose. We are Debt Collectors. New York City Department of Consumer Affairs License: 2046078-DCA supremeefile 3 of 7 FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 Page 1 of 2 Quicksilver Credit Card I Visa Platinum ending in 7033 QUICKSlWER Feb 22, 2023 - Mar 24, 2023 I 31 days in Billing Cycle Payment Due Date For online and phone payments, the Previous Balance $2,045.96 deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $2,054.65 $2,054.65 Transactions +$0.00 IMPORTANT: Your account has charged off and is now serviced by the Cash Advances + $0.00 Recoveries department at 1-800-258-9319. Your fuH balance is due. Any payment you make will reduce your balance and help pay off your debt Fees Charged + $0.00 faster. The amount you owe may differ if you've entered into a separate payment agreement. Interest Charged + $8.69 New Balance = $2,054.65 Available Credit (as of Mar 24, 2023) N/A Account Notifications New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov. Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information CYNTHIA J SANDLER 252 DURBIN RD HANNIBAL, NY 13074-0312 I li|||ul glilllli|glg|glln|l 11111 I li|þ|ugllul| Payment Due Date: Past Due Account ending in 7033 New Balance Minimum Payment Due Amount Enclosed Capital One $2,054.65 $2,054.65 $ ;°¿°S°tea°m°°. 60197-4069 Pleasesendusthis portionof yourstatementandonlyonecheck(oronemoneyorder)payableto CapitalOne I I 'I 'll'II "" I I 'lll"II"Ill" te ensureyourpaymentis processed promptly.Allowat leastsevenbusinessd 4 of 7 FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 Page 1 of 2 Quicksilver Credit Card I Visa Platinum ending in 7033 QUICKSlWER Feb 22, 2023 - Mar 24, 2023 I 31 days in Billing Cycle MMMelilitSS111AI1AAP:If Payment Due Date For online and phone payments, the Previous Balance $2,045.96 deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $2,054.65 $2,054.65 Transactions +$0.00 IMPORTANT: Your account has charged off and is now serviced by the Cash Advances + $0.00 Recoveries department at 1-800-258-9319. Your full balance is due. Any payment you make will reduce your balance and help pay off your debt Fees Charged + $0.00 faster. The amount you owe may differ if you've entered into a separate payment agreement. Interest Charged + $8.69 New Balance = $2,054.65 Available Credit (as of Mar 24, 2023) N/A Account Notifications New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov. Pay or manage your account at capitalone.com Customer Service: 1-800-227-4825 See reverse for Important Information CYNTHIA J SANDLER 252 DURBIN RD HANNIBAL, NY 13074-0312 l|gli|||niggli||i|ngllil 111111u|gl 11u|lpgl1111s|g|gli|g Payment Due Date: Past Due Account ending in 7033 New Balance Minimum Payment Due Amount Enclosed Capital One $2,054.65 $2,054.65 $ S°t,ea 60197-4069 Pleasesendusthis portionof yourstatementandonlyonecheck(oronemoneyorder)payableto CapitalOne II I 'I 'll'lll"" I I 'I " "I to ensureyourpaymentis processed promptly.Allowat leastsevenbusinessda 5 of 7 FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 ---------------------------------------X CAPITAL ONE, N.A. Plaintiff, FILE NO: 0808M 423468 -against- AFFIDAVIT OF INVESTIGATOR CYNTHIA J SANDLER NON-MILITARY STATUS Defendant(s). __________________--___________________Ç STATE OF NEW YORK, COUNTY OF NASSAU The undersigned being duly sworn, deposes and says: That your deponent is not a party to this action, is over the age of eighteen of years, and is employed by Malen & Associates, P.C., 123 Frost Street, Westbury, NY 11590. Plaintiff has attempted to confirm if the following defendant(s), hereinafter known as "the Defendant(s)", are in the military service: CYNTHIA J SANDLER I have been requested by Malen & Associates, P.C., attorneys for Plaintiff to swear as to my own personal knowledge whether or not the Defendant(s) are in military service pursuant to United States Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act, Sections 300 to 327. I communicated with the Department of Defense, Defense Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209 wherein I provided them with the Defendant(s) name(s), date(s) of birth or social security number(s) which we know is accurate because the information is contained in Plaintiff's file. In response to my inquiry it was confirmed on 02/26/24 that the Defendant(s) were not in any branch of the military service. From the facts above set forth, I am convinced that the Defendant(s) are not in any branch of the military service at the present time. Lauren Chapin Sworn to before me on affinonmil lauren2 02/2s/24 NOTARY Notary Public, State of New York Demetra D. Romanelli Qualified in Nassau County No. 01R06402110 Commission Expires Dec.23,2027 6 of 7 FILED: OSWEGO COUNTY CLERK 03/13/2024 05:43 PM INDEX NO. EFC-2024-0428 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2024 Department of Defense Manpower Data Center Results asof: Feb-26-2024 05:59:37 AM SCRA5 19 Status Report Pursuant to Seivicemembers Civil Relief Act SSN: XXX-XX-7868 Birth Date: Last Name: SANDLER First Name: CYNTHIA Middle Name: J Status As Of: Feb-26-2024 Certificate ID: T57ZSOD7RY28Y4X OnAcilveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponsereflectstheindividuals' aclivedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWilhin367DaysofAcliveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse reflects wheretheindividual leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate TheMember orHis/HerUnitWasNotified ofa FutureCall-Up toActiveDutyonActiveDutyStatusDate OrderNotification StartDate OrderNotification EndDate Status Service Component NA NA No NA Thisresponse whether reflects theindividual orhis/herunithasreceived earlynotification toreportforactiveduty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 File #: 423468 7 of 7