Preview
FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
____________________ _______________________ Plaintiff designates ERIE as the
County
TD BANK USA, N.A. place of trial; the defendant resides in
ERIE County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. F045093
JULIA A ADAMS
DEFENDANT. SUMMONS
______ Plaintiffs address: 7000 TARGET
PARKWAY NORTH MS-NCB-0464,
BROOKLYN PARK, MN 55445
The Basis of the Venue isDefendant'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, ifthe complaini is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days afterthe service of this summons,
exclusive of the day of service (or within 30 days after the service iscomplete ifthis summons is
not personally delivered to you within the stateof New York); and in case of your failureto
appear or answer, judgrñent will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: December 30, 2019
Selip & Stylianou, LLP
Attorneys forplaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006; (866) 848-8975 ext. 8991; Refer to S&S File No. F045093
Defendant to be served: JULIA A ADAMS, 1964 BAILEY AVE, BUFFALO, NY 14211
This come--=L-sti..ñ is from a debt callectar and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
By:
DAVID CO ESQ.
1111Ill|||ll
111C""IIII|ll
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FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
_________________________________________________
TD BANK USA, N.A.
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. F045093
JULIA A ADAMS COMPLAINT
DEFENDANT.
____________________ _____________________________
Plaintiff,by itsattorneys, 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.
3. Based upon a reasonable inquiry, the Statute of Limitations for the causes of
action asserted herein has not expired.
FACTS
4. A Target-branded credit card account no. XXXX-XXXX-
revolving account,
XXXX-0302, was opened on December 18, 2012 in the Defendant's name (hereinafter
the "Account"), subject to the terms and conditions provided, or made available in
electronic format, to the Defendant (the "Agreement").
5. Defendant used the Account and incurred a balance.
6. Defendant breached the terms of the Agreement to make the agreed-
by failing
upon payments when due.
7. Demand for payment of the Account was made on Defendant, but Defendant
failed to make all the required payments. The balance currently due and owing is
$5,668.70.
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FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
AS AND FOR A FIRST CAUSE OF ACTION
8. Plaintiff repeats and realleges each and every allegation contained in the
foregoing paragraphs as if more fully set forth herein.
9. That upon information and belief, Plaintiff rendered to Defendant a full and
true account of the indebtedness owing by the Defendant as a result of nonpayment of the
Account, which statement was delivered to and accepted without objection by the
Defendant, resulting in an account stated in the sum of $5,668.70, no part of which has
been paid despite due demand therefor.
10. After crediting Defendant for allpayments and credits, there is now due and
owing by Defendant to Plaintiff the sum of $5,668.70, no part of which has been paid
despite due demand therefor.
AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff repeats and realleges each and every allegation contained in the
foregoing paragraphs as if more fully set for herein.
12. As a result of Defendant's breach of the Agreement, and after crediting
Defendant for all payments and credits, there is now due and owing by Defendant to
Plaintiff the sum of $5,668.70, no part of which has been paid despite due demand
therefor.
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FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the amount of
$5,668.70 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(c) of the rules of the Chief Administrator.
Dated: DECEMBER 30, 2019
YOURS, ETC.
By:
DAVID CO ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext.8991;
S&S File No. F045093
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Preview
FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ____________________ _______________________ Plaintiff designates ERIE as the County TD BANK USA, N.A. place of trial; the defendant resides in ERIE County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. F045093 JULIA A ADAMS DEFENDANT. SUMMONS ______ Plaintiffs address: 7000 TARGET PARKWAY NORTH MS-NCB-0464, BROOKLYN PARK, MN 55445 The Basis of the Venue isDefendant'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, ifthe complaini is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days afterthe service of this summons, exclusive of the day of service (or within 30 days after the service iscomplete ifthis summons is not personally delivered to you within the stateof New York); and in case of your failureto appear or answer, judgrñent will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: December 30, 2019 Selip & Stylianou, LLP Attorneys forplaintiff P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 364-6006; (866) 848-8975 ext. 8991; Refer to S&S File No. F045093 Defendant to be served: JULIA A ADAMS, 1964 BAILEY AVE, BUFFALO, NY 14211 This come--=L-sti..ñ is from a debt callectar and is an attempt to collect a debt. Any information obtained will be used for that purpose. By: DAVID CO ESQ. 1111Ill|||ll 111C""IIII|ll 1 of 4 FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE _________________________________________________ TD BANK USA, N.A. PLAINTIFF, INDEX NUMBER: -AGAINST- S&S FILE NO. F045093 JULIA A ADAMS COMPLAINT DEFENDANT. ____________________ _____________________________ Plaintiff,by itsattorneys, 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. 3. Based upon a reasonable inquiry, the Statute of Limitations for the causes of action asserted herein has not expired. FACTS 4. A Target-branded credit card account no. XXXX-XXXX- revolving account, XXXX-0302, was opened on December 18, 2012 in the Defendant's name (hereinafter the "Account"), subject to the terms and conditions provided, or made available in electronic format, to the Defendant (the "Agreement"). 5. Defendant used the Account and incurred a balance. 6. Defendant breached the terms of the Agreement to make the agreed- by failing upon payments when due. 7. Demand for payment of the Account was made on Defendant, but Defendant failed to make all the required payments. The balance currently due and owing is $5,668.70. 2 of 4 FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 AS AND FOR A FIRST CAUSE OF ACTION 8. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. 9. That upon information and belief, Plaintiff rendered to Defendant a full and true account of the indebtedness owing by the Defendant as a result of nonpayment of the Account, which statement was delivered to and accepted without objection by the Defendant, resulting in an account stated in the sum of $5,668.70, no part of which has been paid despite due demand therefor. 10. After crediting Defendant for allpayments and credits, there is now due and owing by Defendant to Plaintiff the sum of $5,668.70, no part of which has been paid despite due demand therefor. AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats and realleges each and every allegation contained in the foregoing paragraphs as if more fully set for herein. 12. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all payments and credits, there is now due and owing by Defendant to Plaintiff the sum of $5,668.70, no part of which has been paid despite due demand therefor. 3 of 4 FILED: ERIE COUNTY CLERK 12/31/2019 12:15 PM INDEX NO. 817395/2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/31/2019 WHEREFORE, Plaintiff demands judgment against Defendant(s) in the amount of $5,668.70 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(c) of the rules of the Chief Administrator. Dated: DECEMBER 30, 2019 YOURS, ETC. By: DAVID CO ESQ. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext.8991; S&S File No. F045093 4 of 4