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INDEX NO. 02/306/2012
(FILED: SUFFOLK COUNTY CLERK 0970572012)
RECEIVED NYSCEF 09/05/2012
NOG EME cA RTor THE STATE OF NEW YORK
COUNTY OF SUFFOLK
mec eeenenennme
nance nen. X PLAINTIFF DESIGNATES SUFFOLK
CAPITAL ONE BANK (USA), N.A. COUNTY AS THE PLACE OF TRIAL; THE
DEFENDANT RESIDES IN SUFFOLK
PLAINTIFF, COUNTY
-AGAINST- INDEX NUMBER:
PURCHASE DATE:
KENNETH S SUBENSKI C&S FILE NO. N341951
KSS CONSTRUCTION, INC.
DEFENDANT(S). SUMMONS
wanna nnn nn ne ne nee reece nnennnnnne ene!
PLAINTIFF'S ADDRESS:
4851 COX ROAD
GLEN ALLEN, VA 23060
THE BASIS OF THE VENUE IS
DEFENDANT'S RESIDENCE
CONSUMER CREDIT TRANSACTION
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 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), AND IN CASE OF YOUR FAILURE TO APPEAR OR ANSWER, JUDGMENT WILL BE TAKEN AGAINST
YOU BY DEFAULT FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE COSTS OF
THIS ACTION.
DATED: August 28, 2012
COHEN & SLAMOWITZ, LLP
ATTORNEYS FOR PLAINTIFF
P.O, Box 9004
199 CROSSWAYS PARK DR., WOODBURY, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991; Refer to C&S File No. N341951
DEFENDANTS TO BE SERVED:
KENNETH S SUBENSKI, 5 EDAN CT, AMITYVILLE NY 11701
KSS CONSTRUCTION, INC., 450 WEST BAY DRIVE, LONG BEACH NY 11561
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
i I AN
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
nanan eenannnsnenenentanenananananenanenanenemennseneennnenennnne,
CAPITAL ONE BANK (USA), N.A.
PLAINTIFF, INDEX NUMBER
-AGAINST- C&S FILE NO. N341951
KENNETH § SUBENSKI COMPLAINT
KSS CONSTRUCTION, INC.
DEFENDANT(S).
ee penne ene nee fae
PLAINTIFF, BY ITS ATTORNEYS, COMPLAINING OF THE DEFENDANT(S), RESPECTFULLY
ALLEGES THAT:
1 PLAINTIFF IS A NATIONAL BANKING ASSOCIATION ORGANIZED PURSUANT TO
FEDERAL LAW.
2 UPON INFORMATION AND BELIEF, THE DEFENDANT(S) RESIDES OR HAS AN
OFFICE IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, OR THE DEFENDANT(S)
TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, EITHER IN
PERSON OR THROUGH AN AGENT AND THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID
TRANSACTION.
AS AND FOR A FIRST CAUSE OF ACTION
3 PLAINTIFF REPEATS AND REALLEGES EACH AND EVERY ALLEGATION
CONTAINED IN THE FOREGOING PARAGRAPHS AS IF MORE FULLY SET FORTH HEREIN.
4 PLAINTIFF OFFERED TO OPEN A CREDIT ACCOUNT, ACCOUNT NO,
XXXXXXXXXXXX5578 (HEREINAFTER THE “ACCOUNT"), IN DEFENDANT'S NAME.
5 DEFENDANT ACCEPTED THE OFFER BY USING THE ACCOUNT.
6. DEFENDANT DEFAULTED BY FAILING TO MAKE PAYMENTS WHEN DUE.
7 DEMAND FOR PAYMENT OF THE ACCOUNT WAS MADE ON DEFENDANT, BUT
DEFENDANT FAILED TO MAKE ALL THE REQUESTED PAYMENTS.
8 AFTER CREDITING DEFENDANT FOR ALL PAYMENTS AND CREDITS, THERE {S
NOW DUE AND OWING BY DEFENDANT TO PLAINTIFF THE SUM OF $15,242.83, NO PART OF WHICH
HAS BEEN PAID DESPITE DUE DEMAND THEREFOR.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) IN THE SUM OF
$15,242.83 TOGETHER WITH COSTS AND DISBURSEMENTS.
THE UNDERSIGNED ATTORNEY HEREBY CERTIFIES THAT, TO THE BEST OF HIS/HER
KNOWLEDGE, INFORMATION AND BELIEF, FORMED AFTER AN INQUIRY REASONABLE UNDER
THE CIRCUMSTANCES, THE PRESENTATION OF THE WITHIN COMPLAINT AND THE CONTENTIONS
THEREIN ARE NOT FRIVOLOUS AS DEFINED IN PART 130-1.1 OF THE RULES OF THE CHIEF
ADMINISTRATOR.
DATED: AUGUST 28, 2012
YOURS, ETC,
COHEN & S$) ITZ, LLP
BY: (Wh
Doh
SA
. Slamowitz/K. Marshall ESOS.
ATTO! IEYS FOR PLAINTIFF
P.O. BO X 9004, 199 CROSSWAYS PARK DRIVE, WOODBURY,
NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
Refer to C&S File No. N341951
265 Post Ave #150
Westbury, N.Y 11590.
KENNETH S SUBENSKI
SEDAN CT
AMITYVILLE NY 11701
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INDEX NO. 02/306/2012 (FILED: SUFFOLK COUNTY CLERK 0970572012) RECEIVED NYSCEF 09/05/2012 NOG EME cA RTor THE STATE OF NEW YORK COUNTY OF SUFFOLK mec eeenenennme nance nen. X PLAINTIFF DESIGNATES SUFFOLK CAPITAL ONE BANK (USA), N.A. COUNTY AS THE PLACE OF TRIAL; THE DEFENDANT RESIDES IN SUFFOLK PLAINTIFF, COUNTY -AGAINST- INDEX NUMBER: PURCHASE DATE: KENNETH S SUBENSKI C&S FILE NO. N341951 KSS CONSTRUCTION, INC. DEFENDANT(S). SUMMONS wanna nnn nn ne ne nee reece nnennnnnne ene! PLAINTIFF'S ADDRESS: 4851 COX ROAD GLEN ALLEN, VA 23060 THE BASIS OF THE VENUE IS DEFENDANT'S RESIDENCE CONSUMER CREDIT TRANSACTION 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 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), AND IN CASE OF YOUR FAILURE TO APPEAR OR ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU BY DEFAULT FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE COSTS OF THIS ACTION. DATED: August 28, 2012 COHEN & SLAMOWITZ, LLP ATTORNEYS FOR PLAINTIFF P.O, Box 9004 199 CROSSWAYS PARK DR., WOODBURY, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; Refer to C&S File No. N341951 DEFENDANTS TO BE SERVED: KENNETH S SUBENSKI, 5 EDAN CT, AMITYVILLE NY 11701 KSS CONSTRUCTION, INC., 450 WEST BAY DRIVE, LONG BEACH NY 11561 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i I AN SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK nanan eenannnsnenenentanenananananenanenanenemennseneennnenennnne, CAPITAL ONE BANK (USA), N.A. PLAINTIFF, INDEX NUMBER -AGAINST- C&S FILE NO. N341951 KENNETH § SUBENSKI COMPLAINT KSS CONSTRUCTION, INC. DEFENDANT(S). ee penne ene nee fae PLAINTIFF, BY ITS ATTORNEYS, COMPLAINING OF THE DEFENDANT(S), RESPECTFULLY ALLEGES THAT: 1 PLAINTIFF IS A NATIONAL BANKING ASSOCIATION ORGANIZED PURSUANT TO FEDERAL LAW. 2 UPON INFORMATION AND BELIEF, THE DEFENDANT(S) RESIDES OR HAS AN OFFICE IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, OR THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, EITHER IN PERSON OR THROUGH AN AGENT AND THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION. AS AND FOR A FIRST CAUSE OF ACTION 3 PLAINTIFF REPEATS AND REALLEGES EACH AND EVERY ALLEGATION CONTAINED IN THE FOREGOING PARAGRAPHS AS IF MORE FULLY SET FORTH HEREIN. 4 PLAINTIFF OFFERED TO OPEN A CREDIT ACCOUNT, ACCOUNT NO, XXXXXXXXXXXX5578 (HEREINAFTER THE “ACCOUNT"), IN DEFENDANT'S NAME. 5 DEFENDANT ACCEPTED THE OFFER BY USING THE ACCOUNT. 6. DEFENDANT DEFAULTED BY FAILING TO MAKE PAYMENTS WHEN DUE. 7 DEMAND FOR PAYMENT OF THE ACCOUNT WAS MADE ON DEFENDANT, BUT DEFENDANT FAILED TO MAKE ALL THE REQUESTED PAYMENTS. 8 AFTER CREDITING DEFENDANT FOR ALL PAYMENTS AND CREDITS, THERE {S NOW DUE AND OWING BY DEFENDANT TO PLAINTIFF THE SUM OF $15,242.83, NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND THEREFOR. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) IN THE SUM OF $15,242.83 TOGETHER WITH COSTS AND DISBURSEMENTS. THE UNDERSIGNED ATTORNEY HEREBY CERTIFIES THAT, TO THE BEST OF HIS/HER KNOWLEDGE, INFORMATION AND BELIEF, FORMED AFTER AN INQUIRY REASONABLE UNDER THE CIRCUMSTANCES, THE PRESENTATION OF THE WITHIN COMPLAINT AND THE CONTENTIONS THEREIN ARE NOT FRIVOLOUS AS DEFINED IN PART 130-1.1 OF THE RULES OF THE CHIEF ADMINISTRATOR. DATED: AUGUST 28, 2012 YOURS, ETC, COHEN & S$) ITZ, LLP BY: (Wh Doh SA . Slamowitz/K. Marshall ESOS. ATTO! IEYS FOR PLAINTIFF P.O. BO X 9004, 199 CROSSWAYS PARK DRIVE, WOODBURY, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; Refer to C&S File No. N341951 265 Post Ave #150 Westbury, N.Y 11590. KENNETH S SUBENSKI SEDAN CT AMITYVILLE NY 11701