Preview
FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS Purchased:
PCA Acquisitions V, LLC as assignee of Capital One Bank, Index No.
N.A.
, Plaintiff, SUMMONS
-against-
David D Dalrymple Basis of venue is the residence of
defendant(s) and/or the county
, Defendant(s). where the transaction took place
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorney an answer
to the complaint in this action within twenty days after the service of this summons, exclusive of the
day of service, or within thirty days after service is complete if this summons is not personally
delivered to you within the State of New York. In case of your failure to answer, judgment will be
taken against you by default for the relief demanded in the complaint.
Plaintiff’s address: 1002 Justison Street Wilmington, DE 19801
Defendant's address: 1902 Beverley Rd Apt 3e Brooklyn NY 11226-4809
Dated: May 14, 2024
/S/Stuart M. Berger
Stuart M. Berger, Esq.
Portnoy Schneck, L.L.C.
22 Saw Mill River Rd, Ste 305
Hawthorne, NY 10532
Phone: 914/747-6090
Attorney for Plaintiff
File No. J2301763
NOTE: The law provides that:
1. If this summons is served by its delivery to you personally, you must appear and answer
within TWENTY (20) days after such service; or
2. If this summons is served by its delivery to any person other than you personally, or by
publication, or by any means other than personal delivery to you, you are allowed THIRTY (30) days
after the proof of service thereof is filed with the Clerk of the this Court within which to appear and
answer.
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FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
Index No.
PCA Acquisitions V, LLC as assignee of Capital One Bank,
N.A. COMPLAINT
, Plaintiff,
-against-
David D Dalrymple
, Defendant(s).
Plaintiff, by and through its attorney, Portnoy Schneck, L.L.C., complaining of the
Defendant(s) alleges:
1. That at all times hereinafter mentioned, Plaintiff, PCA Acquisitions V, LLC as assignee of
Capital One Bank, N.A., is a foreign limited liability company duly registered to conduct business in
the State of New York. Plaintiff was duly licensed by the NYC Department of Consumer and
Worker Protection at the time of services rendered. Plaintiff's Debt Collection Agency license
number is 1404558-DCA.
2. Plaintiff is not the original creditor. On or about March 23, 2023 Plaintiff, by purchase and
assignment, acquired from Capital One N.A. , original creditor, all right, title, and interest in the
defaulted account; account number ************3357, this is the same account number as printed
on the most recent monthly statement recording a purchase transaction last payment, or balance
transfer of Defendant(s), DAVID D DALRYMPLE . The amount due at the time of sale by the
original creditor was $1,080.41.
3. The last payment on the account was made on or about March 8, 2022 in the amount of
$43.00.
4. The account balance printed on the most recent monthly statement recording a purchase,
last payment or balance transfer was $835.84.
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FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
CAUSE OF ACTION
5. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered
into by defendant(s).
6. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the
sum of $1,080.41. Payment has been demanded by Plaintiff but has not been made.
7. The itemization of the amount sought of $1,080.41: (I) the total amount of the debt due as
of charge off $1,080.41; (II) The total amount of interest accrued since charge-off $.00; (III) the total
amount of non-interest charges or fees accrued since charge off $.00; (IV) the total amount of
payments and/or credits made on the debt since charge-off $.00. A copy of the charge-off statement
is annexed hereto as Exhibit A.
WHEREFORE, Plaintiff demands Judgment against Defendant(s) for the sum of $1,080.41,
with costs and disbursements of this action.
Dated: May 14, 2024
/S/Stuart M. Berger
Stuart M. Berger, Esq.
Portnoy Schneck, L.L.C.
22 Saw Mill River Rd, Ste 305
Hawthorne, NY 10532
Phone: 914/747-6090
Attorney for Plaintiff
File No. J2301763
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FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
PCA Acquisitions V, LLC as assignee of Capital One Bank, N.A. Index No.
Plaintiff/Petitioner,
-against-
David D Dalrymple
Defendant/Respondent.
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)
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.nycourthelp.gov
Page 1 of 2 EFM-3
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FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
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
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: efile@nycourts.gov).
Dated:May 15, 2024
Name Address
Stuart M. Berger, Esq. 22 Saw Mill River Rd, Ste 305
Hawthorne, NY 10532
Firm Name Phone
Portnoy Schneck, L.L.C. 914/747-6090
E-Mail
smb@thepslawfirm.com
To: DAVID D DALRYMPLE
1902 Beverley Rd Apt 3e
Brooklyn NY 11226-4809
Index # Page 2 of 2 EFM-3
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Preview
FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Purchased: PCA Acquisitions V, LLC as assignee of Capital One Bank, Index No. N.A. , Plaintiff, SUMMONS -against- David D Dalrymple Basis of venue is the residence of defendant(s) and/or the county , Defendant(s). where the transaction took place To the above named Defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon plaintiff’s attorney an answer to the complaint in this action within twenty days after the service of this summons, exclusive of the day of service, or within thirty days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff’s address: 1002 Justison Street Wilmington, DE 19801 Defendant's address: 1902 Beverley Rd Apt 3e Brooklyn NY 11226-4809 Dated: May 14, 2024 /S/Stuart M. Berger Stuart M. Berger, Esq. Portnoy Schneck, L.L.C. 22 Saw Mill River Rd, Ste 305 Hawthorne, NY 10532 Phone: 914/747-6090 Attorney for Plaintiff File No. J2301763 NOTE: The law provides that: 1. If this summons is served by its delivery to you personally, you must appear and answer within TWENTY (20) days after such service; or 2. If this summons is served by its delivery to any person other than you personally, or by publication, or by any means other than personal delivery to you, you are allowed THIRTY (30) days after the proof of service thereof is filed with the Clerk of the this Court within which to appear and answer. 1 of 5 FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No. PCA Acquisitions V, LLC as assignee of Capital One Bank, N.A. COMPLAINT , Plaintiff, -against- David D Dalrymple , Defendant(s). Plaintiff, by and through its attorney, Portnoy Schneck, L.L.C., complaining of the Defendant(s) alleges: 1. That at all times hereinafter mentioned, Plaintiff, PCA Acquisitions V, LLC as assignee of Capital One Bank, N.A., is a foreign limited liability company duly registered to conduct business in the State of New York. Plaintiff was duly licensed by the NYC Department of Consumer and Worker Protection at the time of services rendered. Plaintiff's Debt Collection Agency license number is 1404558-DCA. 2. Plaintiff is not the original creditor. On or about March 23, 2023 Plaintiff, by purchase and assignment, acquired from Capital One N.A. , original creditor, all right, title, and interest in the defaulted account; account number ************3357, this is the same account number as printed on the most recent monthly statement recording a purchase transaction last payment, or balance transfer of Defendant(s), DAVID D DALRYMPLE . The amount due at the time of sale by the original creditor was $1,080.41. 3. The last payment on the account was made on or about March 8, 2022 in the amount of $43.00. 4. The account balance printed on the most recent monthly statement recording a purchase, last payment or balance transfer was $835.84. 2 of 5 FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 CAUSE OF ACTION 5. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 6. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $1,080.41. Payment has been demanded by Plaintiff but has not been made. 7. The itemization of the amount sought of $1,080.41: (I) the total amount of the debt due as of charge off $1,080.41; (II) The total amount of interest accrued since charge-off $.00; (III) the total amount of non-interest charges or fees accrued since charge off $.00; (IV) the total amount of payments and/or credits made on the debt since charge-off $.00. A copy of the charge-off statement is annexed hereto as Exhibit A. WHEREFORE, Plaintiff demands Judgment against Defendant(s) for the sum of $1,080.41, with costs and disbursements of this action. Dated: May 14, 2024 /S/Stuart M. Berger Stuart M. Berger, Esq. Portnoy Schneck, L.L.C. 22 Saw Mill River Rd, Ste 305 Hawthorne, NY 10532 Phone: 914/747-6090 Attorney for Plaintiff File No. J2301763 3 of 5 FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS PCA Acquisitions V, LLC as assignee of Capital One Bank, N.A. Index No. Plaintiff/Petitioner, -against- David D Dalrymple Defendant/Respondent. 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) 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.nycourthelp.gov Page 1 of 2 EFM-3 4 of 5 FILED: KINGS COUNTY CLERK 05/20/2024 11:23 AM INDEX NO. 513976/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/20/2024 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys 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 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: efile@nycourts.gov). Dated:May 15, 2024 Name Address Stuart M. Berger, Esq. 22 Saw Mill River Rd, Ste 305 Hawthorne, NY 10532 Firm Name Phone Portnoy Schneck, L.L.C. 914/747-6090 E-Mail smb@thepslawfirm.com To: DAVID D DALRYMPLE 1902 Beverley Rd Apt 3e Brooklyn NY 11226-4809 Index # Page 2 of 2 EFM-3 5 of 5