On December 04, 2019 a
Complaint,Petition
was filed
involving a dispute between
Department Stores National Bank,
and
Dawn E Carey,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 12/04/2019 09:06 AM INDEX NO. 001069-2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/04/2019
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182' ~
(585) 243-7010 Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
KEITH H. ROTHMAN KEITH H. ROTHMAN
1787 VETERANS HWY 1787 VETERANS HWY
ISLANDIA, NY 11749 ISLANDIA, NY 11749
Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT
Plaintiff Defendant
DEPARTMENT STORES NATIONAL BANK CAREY DAWN E
Recorded Information:
State of New York
Index #: 001069-2019
County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet cen&±: the Clerk's endomement required by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not
1 ofDetach
4
Index
INDEX #
NO.: 001069-2019
001069-2019
FILED: LIVINGSTON COUNTY CLERK 12/04/2019 09:06 AM
NYSCEF SUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK Index No. RECEIVED NYSCEF: 12/04/2019
COUNTY OF LIVINGSTON Date Filed:
________________________________________
DEPARTMENT STORES NATIONAL BANK
SUMMONS (ORIGINAL )
Plaintiff
-against-
DÄWN E CAREY The basis of venue is:
DEFENDANT'S RESIDENCE
Defendant(s) Plaintiff's Residence:
________________________________________ 5800 SOUTH CORPORATE PLACE
SIOUX FALLS, SD 57108
CONSUMER CREDIT TRANSACTION County of MINNEHAHA
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(s) within
TWENTY days after the service of this summons, exclusive of the day of
service (or within THIRTY 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 herein.
Dated: Islandia, New York
DECEMBER 3, 2019 RUBIN & ROTHMAN, LLC
Attorneys for Plaintiff
1787 Veterans Highway
Islandia, N.Y. 11749
(631) 234-1500
DEFENDANT(S) ADDRESS:
DÄWN E CAREY
7133 W SWAMP RD CONESUS, NY 14435-9707
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
Our File No. 1320517 Y 13 0- 0 U SZM 000
000005728281
2 of 4
Index#:001069-2019
INDEX NO. 001069-2019
FILED: LIVINGSTON COUNTY CLERK 12/04/2019 09:06 AM
NYSCEF SUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/04/2019
COUNTY OF LIVINGSTON Index No.
________________________________________
DEPARTMENT STORES NATIONAL BANK
Plaintiff
-against- COMPLAINT (ORIGINAL)
DÄWN E CAREY
Defendant(s)
________________________________________
Plaintiff, by its attorneys, complaining of the defendant(s), alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. Defendant(s) resides in the county in which this action is brought;
or transacted business in the county in which this action is brought
in person or through an agent, or this cause of action arose out of
said transaction. Plaintiff is not required to be licensed by the
NYC Dept of Consumer Affairs because it is the original creditor.
2. Plaintiff is a national bank located in South Dakota.
3. Defendant(s) used a credit card issued by plaintiff and agreed to
make payments for goods and services charged and/or cash advances
made upon such card.
4. Defendant(s) failed to make the payments due pursuant to such agreement,
and $ 2,450.61 is now due and owing to plaintiff from defendant(s),
WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of
$ 2,450.61 and the costs and disbursements of this action.
RUBIN & ROTHMAN, LLC
DECEMBER 3, 2019 Attorneys for Plaintiff
1787 Veterans Highway
Islandia, NY 11749
(631) 234-1500
Deponent is an attorney associated with Rubin & Rothman, LLC. To the best
of deponent's knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, the summons and complaint or the
contentions therein are not frivolous as defined in section 130-1.1(c)
of the Rules of the Chief Adm. and the matter was not obtained through
illegal conduct or in violation of 22 NYCRR 1200.41-a (DR 7-111).
Dated: DECEMBER 3, 2019 /S
C ELINE TIERNE
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
Our File No. 1320517 X 14 0- 0 U SZM 000
000005728281
3 of 4
Index#:001069-2019
INDEX NO. 001069-2019
FILED: LIVINGSTON COUNTY CLERK 12/04/2019 09:06 AM
NYSCEF SUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/04/2019
COUNTY OF LIVINGSTON
________________________________________
DEPARTMENT STORES NATIONAL BANK
Plaintiff
-against- Index No.
DAWN E CAREY
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 of the accompanying 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 court docu-
documents,
ments, 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 informa-
tion 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: Islandia, New York
DECEMBER , 2019
s/ RUBIN & ROTHMAN, LLC
A ELINE TIERN 1787 VETERANS HIGHWAY
RUBIN & ROTHMAN, LLC ISLANDIA, NY 11749
(631) 234-1500
NYDOCS@RUBINROTHMAN.COM
To: DÄWN E CAREY
7133 W SWAMP RD
CONESUS, NY 14435-9707
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
Our File No. 1320517 X 15 0- 0 U SZM 000
000005728281
4 of 4
Document Filed Date
December 04, 2019
Case Filing Date
December 04, 2019
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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