Preview
FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM INDEX NO. 001062-2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019
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:
STEPHEN EINSTEIN STEPHEN EINSTEIN
39 BROADWAY SUITE 1250 39 BROADWAY SUITE 1250
NEW YORK, NY 10006 NEW YORK, NY 10006
Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT
Plaintiff Defendant
LVNV FUNDING LLC Patterson Kelly
Recorded Information:
State of New York
Index #: 001062-2019
County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet conMM&es the Clerk's endceement required by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not
1 ofDetach
7
Index
INDEX #
NO.: 001062-2019
001062-2019
FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019
Date Purchased:
SUPREME COURT OF THE STATE OF NEW YORK Index N9
COUNTY OF LIVINGSTON X
LVNV Funding LLC SUMMONS
Plaintiff, Plaintiffs Address:
-against- 6801 S. Cimarron Suite 424-
Road,
J
Kelly Patterson Las Vegas NV 89113
Defendant(s). The basis of Venue is
CPLR Sec. 503(f)
Defendant resides in
County of: LIVINGSTON
X Consumer Credit Transaction
Defendant(s) Address:
DEF.#1 - 200 Laughlin Ln Apt Geneseo NY 14454-9590
15,
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 on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of
the day of service, or within 30 days after service is complete if this summons is not personally
delivered to you within the State of New York; and in the case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the complaint.
We are attorneys attempting to co!!ect a debt. Any information obtained will be used for that
purpose.
Dated: October 28, 2019
Matter No. 347195.001
Evridike KoTs O Stephanie R. Vetch
Aksana Bondartseva D Rafeena Khairullah
Joseph J. Cassotta D Monique Aziza
Anthony Poulin O Stephen Einstein
Scott Morris O Alex Pesochin
Stephen Einstein & Associates, P.C.
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
*PDB*
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
LVNV Funding LLC
Plaintiff,
VERIFIED COMPLAINT
-against-
Kelly Patterson
Defendant(s).
1. Plaintiff is an active foreign entity conducting business in the state of NV.
2. Upon information and belief, Defendant(s) reside or is employed in of the State of New
York, County of LIVINGSTON; or that the Defendant(s) transacted business with within the
jurisdiction and venue where this action is brought in person or through an agent and that the
instant cause of action arose out of said transaction.
3. Upon information and belief the Defendant(s) hereto entered into a Retail Charge
Account Agreement with Plaintiff's predecessor in interest, Synchrony Bank, bearing account
# XXXXXXXXXXXX6183 wherein Defeñdañt(s) agreed to pay Synchrony Bank all amounts
charged to said account by the authorized use thereof.
4. Upon information and belief, the agreement containing the terms and conditions
governing the use of the credit account, including terms of payment were delivered to the
Defendant(s).
5. Plaintiff, as purchaser and assignee of the account herein, owns and retains all
beneficial rights and interests therein and Plaintiff has complete authority to settle, adjust,
compromise and satisfy the same and that the assignor has no further interest in said
account for any purpose.
6. Upon information and belief this obligation originated with Synchrony Bank with a
chain of title as follows:
SYNCHRONY BANK
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019
SHERMAN ORIGINATOR IllLLC
SHERMAN ORIGINATOR LLC
LVNV FUNDING LLC
7. Upon information and belief, Defendant(s) incurred charges by use of the said charge
account, less and credits, in the sum of $2,250.92, no part of which has been paid although
duly demanded.
8. Upon information and belief the the date of default on this account was 6/23/2017 and
the cause of action asserted herein is not outside the applicable statute of limitations for
enforcing the debt.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of
$2,250.92 plus costs and disbursements in this action.
VERIFICATION: The undersigned, affirms under peñãities of perjury, that he is a member of
the firm appearing as attorney of record for the plaintiff, has read this complaint and knows its
contents, and that the same is alleged upon information and belief and believes itto be true.
Affirmant says that the grounds of his belief are documents received from the Plaintiff and/or
pre-suit investigation. This verification is made by affirmant because plaintiff's place of business
is located outside the county where affirmant maintains his law practice. Affirmed this 28th day
of October, 2019.
Evri is Stephanie R. Vetch
Aksana Bondartseva O Rafeena Khairullah
Joseph J. Cassotta D Monique Aziza
Anthony Poulin O Stephen Einstein
O Scott Morris O Alex Pesochin
Matter. No 347195.001
4 of 7
Index NO.
INDEX #: 001062-2019
001062-2019
FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019
___
IndexNo. Year2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
LVNV Funding LLC
Plaintiff
-against-
Kelly Patterson
Defendant(s)
SUMMONS AND VERIFIED COMPLAINT
(Rule 130-1. 1-a)
Evri Kollis Stephanie R. Vetch
Aks va Rafeena Khairullah
Joseph J. Cassotta Monique Aziza
Anthony Poulin Stephen Einstein
Scott Morris Alex Pesochin
LAW OFFICE OF
STEPHEN EINSTEIN & ASSOCIATES, P.C.
Attorney(s) for Plaintiff
Office and Post Office Address
39 Broadway, Suite 1250
New York, New York 10006
(212) 267-3550
Fax (212) 227-9656
Service o of the within is hereby admitted.
copy
Dated,
Attorney(s) for Plaintiff(s)
Sir: Please take notice
O NOTICE OF ENTRY:
That within is a true of a entered in the office of the clerk of
(certified) copy duly
the within named court on
NOTICE OF SETTLEMENT
That an order of which the within is a true copy of a Settlement
to the HON. Presented for one of the judges
Of the within named court, at
On the _ day of 2019 at __ A.M
Dated,
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON X
LVNV Funding LLC
Plaintiff/Petitioner,
-against-
INDEX N9:
Kelly Patterson
Defendant/Respondent.
X
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice is
being served as required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to
be filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on all consenting e-filers as soon as the document is uploaded
to the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case
record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid,
but this can be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with
this notice must either: 1) immediately record his or her representation within the e-filed matter on
the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action
is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith
that they lack the computer hardware and/or scanner and/or internet connection or that they lack
with all employees subject to their the operational knowledge to with e-
(along direction) comply
filing requirements. [Section 202.5-bb(e)]
Parties not represented by an attorney: Unrepresented litigants are exempt from
efiling. They can serve and file documents in paper form and must be served with decuments
in paper form. However, an unrepresented litigant may participate in e-filing. For information on
how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the
court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented
litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court
where the action was filed. An unrepresented litigant who consents to e-filing may cease
participation at any time. However, the other parties may continue to e-file their court documents in
the case.
6 of 7
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019
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: October 28, 2019
idi ollis StephaÑe R. Vetch
Aksana Bondartseva Rafeena Khairullah
¤ Joseph J. Cassotta Monique Aziza
(212) 267-3550
Stephen Einstein & Associates, P.C.
www.stepheneinstein.com
S.E acc. #347195.001
TO: Kelly Patterson
200 Laughlin Ln Apt 15
Geneseo NY 14454-9590
7 of 7
Preview
FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM INDEX NO. 001062-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019 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: STEPHEN EINSTEIN STEPHEN EINSTEIN 39 BROADWAY SUITE 1250 39 BROADWAY SUITE 1250 NEW YORK, NY 10006 NEW YORK, NY 10006 Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT Plaintiff Defendant LVNV FUNDING LLC Patterson Kelly Recorded Information: State of New York Index #: 001062-2019 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet conMM&es the Clerk's endceement required by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not 1 ofDetach 7 Index INDEX # NO.: 001062-2019 001062-2019 FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019 Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index N9 COUNTY OF LIVINGSTON X LVNV Funding LLC SUMMONS Plaintiff, Plaintiffs Address: -against- 6801 S. Cimarron Suite 424- Road, J Kelly Patterson Las Vegas NV 89113 Defendant(s). The basis of Venue is CPLR Sec. 503(f) Defendant resides in County of: LIVINGSTON X Consumer Credit Transaction Defendant(s) Address: DEF.#1 - 200 Laughlin Ln Apt Geneseo NY 14454-9590 15, 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 on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. We are attorneys attempting to co!!ect a debt. Any information obtained will be used for that purpose. Dated: October 28, 2019 Matter No. 347195.001 Evridike KoTs O Stephanie R. Vetch Aksana Bondartseva D Rafeena Khairullah Joseph J. Cassotta D Monique Aziza Anthony Poulin O Stephen Einstein Scott Morris O Alex Pesochin Stephen Einstein & Associates, P.C. Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 *PDB* 2 of 7 FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM INDEXIndex NO. #: 001062-2019 001062-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON LVNV Funding LLC Plaintiff, VERIFIED COMPLAINT -against- Kelly Patterson Defendant(s). 1. Plaintiff is an active foreign entity conducting business in the state of NV. 2. Upon information and belief, Defendant(s) reside or is employed in of the State of New York, County of LIVINGSTON; or that the Defendant(s) transacted business with within the jurisdiction and venue where this action is brought in person or through an agent and that the instant cause of action arose out of said transaction. 3. Upon information and belief the Defendant(s) hereto entered into a Retail Charge Account Agreement with Plaintiff's predecessor in interest, Synchrony Bank, bearing account # XXXXXXXXXXXX6183 wherein Defeñdañt(s) agreed to pay Synchrony Bank all amounts charged to said account by the authorized use thereof. 4. Upon information and belief, the agreement containing the terms and conditions governing the use of the credit account, including terms of payment were delivered to the Defendant(s). 5. Plaintiff, as purchaser and assignee of the account herein, owns and retains all beneficial rights and interests therein and Plaintiff has complete authority to settle, adjust, compromise and satisfy the same and that the assignor has no further interest in said account for any purpose. 6. Upon information and belief this obligation originated with Synchrony Bank with a chain of title as follows: SYNCHRONY BANK 3 of 7 FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM INDEXIndexNO. #: 001062-2019 001062-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019 SHERMAN ORIGINATOR IllLLC SHERMAN ORIGINATOR LLC LVNV FUNDING LLC 7. Upon information and belief, Defendant(s) incurred charges by use of the said charge account, less and credits, in the sum of $2,250.92, no part of which has been paid although duly demanded. 8. Upon information and belief the the date of default on this account was 6/23/2017 and the cause of action asserted herein is not outside the applicable statute of limitations for enforcing the debt. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $2,250.92 plus costs and disbursements in this action. VERIFICATION: The undersigned, affirms under peñãities of perjury, that he is a member of the firm appearing as attorney of record for the plaintiff, has read this complaint and knows its contents, and that the same is alleged upon information and belief and believes itto be true. Affirmant says that the grounds of his belief are documents received from the Plaintiff and/or pre-suit investigation. This verification is made by affirmant because plaintiff's place of business is located outside the county where affirmant maintains his law practice. Affirmed this 28th day of October, 2019. Evri is Stephanie R. Vetch Aksana Bondartseva O Rafeena Khairullah Joseph J. Cassotta D Monique Aziza Anthony Poulin O Stephen Einstein O Scott Morris O Alex Pesochin Matter. No 347195.001 4 of 7 Index NO. INDEX #: 001062-2019 001062-2019 FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019 ___ IndexNo. Year2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON LVNV Funding LLC Plaintiff -against- Kelly Patterson Defendant(s) SUMMONS AND VERIFIED COMPLAINT (Rule 130-1. 1-a) Evri Kollis Stephanie R. Vetch Aks va Rafeena Khairullah Joseph J. Cassotta Monique Aziza Anthony Poulin Stephen Einstein Scott Morris Alex Pesochin LAW OFFICE OF STEPHEN EINSTEIN & ASSOCIATES, P.C. Attorney(s) for Plaintiff Office and Post Office Address 39 Broadway, Suite 1250 New York, New York 10006 (212) 267-3550 Fax (212) 227-9656 Service o of the within is hereby admitted. copy Dated, Attorney(s) for Plaintiff(s) Sir: Please take notice O NOTICE OF ENTRY: That within is a true of a entered in the office of the clerk of (certified) copy duly the within named court on NOTICE OF SETTLEMENT That an order of which the within is a true copy of a Settlement to the HON. Presented for one of the judges Of the within named court, at On the _ day of 2019 at __ A.M Dated, 5 of 7 FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM INDEXIndexNO. #: 001062-2019 001062-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON X LVNV Funding LLC Plaintiff/Petitioner, -against- INDEX N9: Kelly Patterson Defendant/Respondent. X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.5-bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronic filing. Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack with all employees subject to their the operational knowledge to with e- (along direction) comply filing requirements. [Section 202.5-bb(e)] Parties not represented by an attorney: Unrepresented litigants are exempt from efiling. They can serve and file documents in paper form and must be served with decuments in paper form. However, an unrepresented litigant may participate in e-filing. For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. 6 of 7 FILED: LIVINGSTON COUNTY CLERK 12/02/2019 06:21 PM INDEXIndex NO. #: 001062-2019 001062-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/02/2019 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: October 28, 2019 idi ollis StephaÑe R. Vetch Aksana Bondartseva Rafeena Khairullah ¤ Joseph J. Cassotta Monique Aziza (212) 267-3550 Stephen Einstein & Associates, P.C. www.stepheneinstein.com S.E acc. #347195.001 TO: Kelly Patterson 200 Laughlin Ln Apt 15 Geneseo NY 14454-9590 7 of 7