Preview
INDEX NO. AQ0139/2012
(FILED: ALBANY COUNTY CLERK 07/31/2012)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF 07/31/2012
INDEX NUMBER.
County Clerk, ALBANY
Application for INDEX NUMBER
Pursuant to
Section 8018-A-CPLR
FEE: $210.00
SUPREME COURT: ALBANY COUNTY
TITLE OF ACTION OR PROCEEDING
ASSET ACCEPTANCE, LLC
28405 VAN DYKE
WARREN MI 48093
TYPE OF ACTION:
-VS-
CONTRACT
GENARD SHAFIR
5 EMERSON DR
LATHAM NY 12110-4913
Name and Address of Attorney for Plaintiff or Petitioner
Fulton, Friedman & Gullace, LLP
28 EAST MAIN STREET SUITE 500, ROCHESTER NY 14614
Name and Address of Attorney for Defendant or Respondent
Name of Payor
Fulton, Friedman & Gullace, LLP
DO NOT DETACH
RECEIPT
FEE: $210.00
SUPREME COURT, ALBANY COUNTY
Endorse This Index Number
on all papers
ASSET ACCEPTANCE, LLC
-VS-
GENARD SHAFIR
NY_0103 File No.: 11-147893
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTY OF ALBANY Index No.
STATE OF NEW YORK
ASSET ACCEPTANCE, LLC
28405 VAN DYKE
WARREN MI 48093 SUMMONS
Plaintiff,
-against-
GENARD SHAFIR
5 EMERSON DR
LATHAM NY 121104913
Defendant(s).
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 twenty days after the service of this summons, exclusive of the day of service,
or if service of this summons is made by any means other than by personal delivery to you within the
state, within thirty days after such service is complete. In case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.
Venue is based on the residence of the Defendant(s), which is the County of ALBANY State of
New York.
Dated: July 18, 2012 FULTON, FRIED! Ab & GULLACE, LLP
Jason P. Verhagen, Esq.
Patricia“A. Blair, Esq. / Tr chs, E
FULTON, FRIEDMAN & GULLACE, LLP
Attorneys for Plaintiff
28 EAST MAIN STREET SUITE 500
ROCHESTER NY 14614
(877) 386-5383
NYC Department of Consumer Affairs License Numbers 1328139, 1344745, 134474, and 1394439.
NY_0100 File No.: 11-147893
SUPREME COURT
COUNTY OF ALBANY Index No.
STATE OF NEW YORK.
ASSET ACCEPTANCE, LLC
28405 VAN DYKE
WARREN MI 48093 COMPLAINT
Plaintiff,
~against-
GENARD SHAFIR
5 EMERSON DR
LATHAM NY 121104913
Defendant(s).
The Plaintiff for a complaint against Defendant(s) alleges upon information and belief:
1 That at all times relevant to this action , the Plaintiff was and still is a foreign limited liability
company, having an office and place for the regular transaction of business at the address set forth above.
2 That at all times relevant to this action, the Plaintiff held and continues to hold a valid New York
City debt collection agency license under license number 1255250.
3 Upon information and belief, at the time of the commencement of this action the Defendant
resided at the address in the caption of this action in the County of ALBANY and State of New York.
4. That the Defendant entered into a Credit Card Agreement, account number XXXXXXXXXXXX-
7945 with CITIBANK wherein CITIBANK agreed to extend credit to Defendant and Defendant agreed to
repay any monies advanced. Said agreement included an annual finance charge.
5 Pursuant to said Agreement, Defendant(s) or persons authorized by the Defendant(s) incurred
indebtedness through the use of one or more credit cards issued in the name of Defendant(s).
6. Thereafter, the Defendant(s) breached the agreement by defaulting on the payment obligations
contained therein.
7. That the Agreement between the Defendant(s) and CITIBANK was assigned to the Plaintiff or
the Plaintiffs predecessor and the Plaintiff's is now the owner and holder of the agreement.
8 That the Defendant(s) now owe the Plaintiff $14,688.07 plus interest at the statutory rate from
May 31, 2011. Upon information and belief, Defendant's last payment posted to the account on
November 06, 2008.
9. That no part of the amount due and owing has been paid although payment has been duly
demanded.
NY_0101 File No.: 11-147893
WHEREFORE, the Plaintiff demands judgment against the Defendant(s) for the sum of
$14,688.07 plus interest from May 31, 2011 together with the costs and disbursements of this action.
Dated: July 18,2012 FULTON, FRIEDMAN & GULLACE, LLP
—
Jason P. Very gen, Esq. /, fariaJ. Reed,
Patricia A’ Blair, Esq. / Jw enrichs, Esq.
FULTON, FRIEDMAN & GULLACE, LLP
Attorneys for Plaintiff
28 EAST MAIN STREET SUITE 500
ROCHESTER NY 14614
(877) 386-5383
NY_0101 File No.: 11-147893
Affidavit #
ALBANY SUPREME COURT COUNTY OF ALBANY
STATE OF NEW YORK File Date_ 07/17/2012 Index No
ASSET ACCEPTANCE, LLC
Plaintiff,
-against-
GENARD SHAFIR
Defendant(s).
STATE OF )
COUNTY OF )SS.:
being duly swom deposes and says;deponent is not a party herein, I am over 18 years of age
and reside at 2
That on ff at, tt_____ am/pm at 5 EMERSON DR , LATHAM, NY 12110-4913, I served the within
Summons and Complaint on GENARD SHAFIR, defendant therein named.
oO INDIVIDUAL: By delivering a true copy of each to said defendant(s) personally; deponent knew the person so served to be
the person described as said defendant therein. Defendant(s) confirmed identity.
oO SUITABLE AGE: By delivering thereat a true copy of each to , aperson of suitable age
and discretion. Said premises is defendant(s)'s - actual place of business - dwelling place - usual place of abode - within the state.
Oo AFFIXING TO DOOR, ETC.: By affixing a true copy of each to the door of said premises, which is defendant(s)'s - actual
place of business - dwelling place - usual place of abode - last known-address - within the state. Deponent was unable, with due
diligence to find defendant(s) or a person of suitable age and discretion thereat, having called there on
Attempt 1: at am/pm
Attempt 2: at am/pm
Attempt 3: at am/pm
O MAILING TO RESIDENCE: On. deponent enclosed a copy of same in a first class postpaid properly
addressed envelope marked "Personal and Confidential" in an official depository under the exclusive care and custody of the United
States Post Office in the State of New York to the defendant at defendant(s)'s last known address at 5 EMERSON DR , LATHAM,
NY 12110-4913.
SEX SKIN TYPE HAIR TYPE ATTRIBUTES AGE HEIGHT WEIGHT
Male White Black Balding 14-20 Yrs Under 5' Under 100 Lbs.
Female Black Brown Beard 21-35 Yrs 5'0-5'3" 100-130 Lbs.
Yellow Blonde Mustache 35-50 Yrs 514" 1g" 131-160 Lbs.
Brown Gray Glasses 51-65 Yrs 5'9".6'0" 161-200 Lbs.
Red Red Over 65 Yrs. Over 60" Over 200 Lbs.
White
Other features:
O MILITARY SERVICE: To the best of my knowledge, information and belief after reasonable inquiry, the said defendant(s)
at the time of service was not engaged in military service of the United States.
Subscribed and sworn to before me
this day of. 2012.
Notary Public
My Commission Expires:
NY_0107G File No.: 11-147893
Preview
INDEX NO. AQ0139/2012 (FILED: ALBANY COUNTY CLERK 07/31/2012) NYSCEF DOC. NO. 1 RECEIVED NYSCEF 07/31/2012 INDEX NUMBER. County Clerk, ALBANY Application for INDEX NUMBER Pursuant to Section 8018-A-CPLR FEE: $210.00 SUPREME COURT: ALBANY COUNTY TITLE OF ACTION OR PROCEEDING ASSET ACCEPTANCE, LLC 28405 VAN DYKE WARREN MI 48093 TYPE OF ACTION: -VS- CONTRACT GENARD SHAFIR 5 EMERSON DR LATHAM NY 12110-4913 Name and Address of Attorney for Plaintiff or Petitioner Fulton, Friedman & Gullace, LLP 28 EAST MAIN STREET SUITE 500, ROCHESTER NY 14614 Name and Address of Attorney for Defendant or Respondent Name of Payor Fulton, Friedman & Gullace, LLP DO NOT DETACH RECEIPT FEE: $210.00 SUPREME COURT, ALBANY COUNTY Endorse This Index Number on all papers ASSET ACCEPTANCE, LLC -VS- GENARD SHAFIR NY_0103 File No.: 11-147893 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTY OF ALBANY Index No. STATE OF NEW YORK ASSET ACCEPTANCE, LLC 28405 VAN DYKE WARREN MI 48093 SUMMONS Plaintiff, -against- GENARD SHAFIR 5 EMERSON DR LATHAM NY 121104913 Defendant(s). 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 twenty days after the service of this summons, exclusive of the day of service, or if service of this summons is made by any means other than by personal delivery to you within the state, within thirty days after such service is complete. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Venue is based on the residence of the Defendant(s), which is the County of ALBANY State of New York. Dated: July 18, 2012 FULTON, FRIED! Ab & GULLACE, LLP Jason P. Verhagen, Esq. Patricia“A. Blair, Esq. / Tr chs, E FULTON, FRIEDMAN & GULLACE, LLP Attorneys for Plaintiff 28 EAST MAIN STREET SUITE 500 ROCHESTER NY 14614 (877) 386-5383 NYC Department of Consumer Affairs License Numbers 1328139, 1344745, 134474, and 1394439. NY_0100 File No.: 11-147893 SUPREME COURT COUNTY OF ALBANY Index No. STATE OF NEW YORK. ASSET ACCEPTANCE, LLC 28405 VAN DYKE WARREN MI 48093 COMPLAINT Plaintiff, ~against- GENARD SHAFIR 5 EMERSON DR LATHAM NY 121104913 Defendant(s). The Plaintiff for a complaint against Defendant(s) alleges upon information and belief: 1 That at all times relevant to this action , the Plaintiff was and still is a foreign limited liability company, having an office and place for the regular transaction of business at the address set forth above. 2 That at all times relevant to this action, the Plaintiff held and continues to hold a valid New York City debt collection agency license under license number 1255250. 3 Upon information and belief, at the time of the commencement of this action the Defendant resided at the address in the caption of this action in the County of ALBANY and State of New York. 4. That the Defendant entered into a Credit Card Agreement, account number XXXXXXXXXXXX- 7945 with CITIBANK wherein CITIBANK agreed to extend credit to Defendant and Defendant agreed to repay any monies advanced. Said agreement included an annual finance charge. 5 Pursuant to said Agreement, Defendant(s) or persons authorized by the Defendant(s) incurred indebtedness through the use of one or more credit cards issued in the name of Defendant(s). 6. Thereafter, the Defendant(s) breached the agreement by defaulting on the payment obligations contained therein. 7. That the Agreement between the Defendant(s) and CITIBANK was assigned to the Plaintiff or the Plaintiffs predecessor and the Plaintiff's is now the owner and holder of the agreement. 8 That the Defendant(s) now owe the Plaintiff $14,688.07 plus interest at the statutory rate from May 31, 2011. Upon information and belief, Defendant's last payment posted to the account on November 06, 2008. 9. That no part of the amount due and owing has been paid although payment has been duly demanded. NY_0101 File No.: 11-147893 WHEREFORE, the Plaintiff demands judgment against the Defendant(s) for the sum of $14,688.07 plus interest from May 31, 2011 together with the costs and disbursements of this action. Dated: July 18,2012 FULTON, FRIEDMAN & GULLACE, LLP — Jason P. Very gen, Esq. /, fariaJ. Reed, Patricia A’ Blair, Esq. / Jw enrichs, Esq. FULTON, FRIEDMAN & GULLACE, LLP Attorneys for Plaintiff 28 EAST MAIN STREET SUITE 500 ROCHESTER NY 14614 (877) 386-5383 NY_0101 File No.: 11-147893 Affidavit # ALBANY SUPREME COURT COUNTY OF ALBANY STATE OF NEW YORK File Date_ 07/17/2012 Index No ASSET ACCEPTANCE, LLC Plaintiff, -against- GENARD SHAFIR Defendant(s). STATE OF ) COUNTY OF )SS.: being duly swom deposes and says;deponent is not a party herein, I am over 18 years of age and reside at 2 That on ff at, tt_____ am/pm at 5 EMERSON DR , LATHAM, NY 12110-4913, I served the within Summons and Complaint on GENARD SHAFIR, defendant therein named. oO INDIVIDUAL: By delivering a true copy of each to said defendant(s) personally; deponent knew the person so served to be the person described as said defendant therein. Defendant(s) confirmed identity. oO SUITABLE AGE: By delivering thereat a true copy of each to , aperson of suitable age and discretion. Said premises is defendant(s)'s - actual place of business - dwelling place - usual place of abode - within the state. Oo AFFIXING TO DOOR, ETC.: By affixing a true copy of each to the door of said premises, which is defendant(s)'s - actual place of business - dwelling place - usual place of abode - last known-address - within the state. Deponent was unable, with due diligence to find defendant(s) or a person of suitable age and discretion thereat, having called there on Attempt 1: at am/pm Attempt 2: at am/pm Attempt 3: at am/pm O MAILING TO RESIDENCE: On. deponent enclosed a copy of same in a first class postpaid properly addressed envelope marked "Personal and Confidential" in an official depository under the exclusive care and custody of the United States Post Office in the State of New York to the defendant at defendant(s)'s last known address at 5 EMERSON DR , LATHAM, NY 12110-4913. SEX SKIN TYPE HAIR TYPE ATTRIBUTES AGE HEIGHT WEIGHT Male White Black Balding 14-20 Yrs Under 5' Under 100 Lbs. Female Black Brown Beard 21-35 Yrs 5'0-5'3" 100-130 Lbs. Yellow Blonde Mustache 35-50 Yrs 514" 1g" 131-160 Lbs. Brown Gray Glasses 51-65 Yrs 5'9".6'0" 161-200 Lbs. Red Red Over 65 Yrs. Over 60" Over 200 Lbs. White Other features: O MILITARY SERVICE: To the best of my knowledge, information and belief after reasonable inquiry, the said defendant(s) at the time of service was not engaged in military service of the United States. Subscribed and sworn to before me this day of. 2012. Notary Public My Commission Expires: NY_0107G File No.: 11-147893