On May 28, 2019 a
Complaint,Petition
was filed
involving a dispute between
Capital One Bank,
and
Lindley M Chapman,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM INDEX NO. 000460-2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019
Mary F. Strickland , County Cl
Livingston County Government Ce
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182'
243-7010 ~ Fax 243-792
(585) (585)
Livingston County Clerk Recording P
Received From: Return To:
ADAM MICHAEL HUGHES ADAM MICHAEL HUGH
Document Type: CIVIL ACTION -
MISC Document Desc: SUMMO
Plaintiff Defendant
CAPITAL ONE BANK (USA), N.A. CHAPMAN LINDLEY M
Recorded Information:
State of New York
Index #: 000460-2019
County of Livingstañ
EFiling through NYSCE
Livingston
This sheet conMMLaes the Clerk's endoreement equit¤d by section 319 of the Real Property Law
1 of 4
Index
INDEX # : 000460-2019
NO. 000460-2019
FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019
Nort
Index No:
Date Filed:
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK 0808B 365151
COUNTY OF LIVINGSTON Clt Acet: XXXXXXXXXXXX2231
CAPITAL ONE BANK (USA), N.A. SUMMONS AND COMPLAINT
Plaintiff The basis of the venue designated is: County in which defendant(s) resides
against The defendant resides in the county of LIVINGSTON
The transaction took place out of state.
LINDLEY M CHAPMAN
Defendant(s)
-----...----________________--______-------X
To the above named Defendant(s)
You are hereby summoned and required to answer the complaint in this action and to serve a copy of your answer, or,
if the complaint is not served with summons, to serve a notice of appearance, on the Plaintiff s Attorney(s)
within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the
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, judgement will be taken against you by default for the relief
demanded in the complaint.
May 10, 2019
Defendant's address:
LINDLEY M CHAPMAN
78 CHESTNUT AVE 2
DANSVILLE NY 14437
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203
Westbury, NY 11590
(516) 334-3500 Ext: 5926 Adam Hy'gh 8, Dana ck
New York City Department of Consumer Affairs cen : 046078-DCA
Upon your failure to appear, judgment will be taken against you by default for the sum of $ 2818.50
with statutory costs and disbursements of this action.
This is an attempt to collect a debt, any information obtained will be used for that purpose.
We are a Debt Collector.
2 of 4
Index NO.
INDEX #: 000460-2019
000460-2019
FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019
SUPREME COURT OF THE STATE OF NEW YORK 1NDEX #:
COUNTY OF LIVINGSTON
- ------------------------X OUR FILE #: 0808B -365151
CAPITAL ONE BANK (USA), N.A.
Plaintiff, COMPLAINT
-against-
LINDLEY M CHAPMAN
Plaintiffs Address:
Defendant(s) 15000 Capital One Dr.
-------X Richmond VA 23238
PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s),
allege(s) upon information and belief:
1. Plaintiff
isa Corp licensed to do business in NY.
Upon information and belief Plaintiffis notrequired to be licensedby the New York City Department of
Consumer Affairs.
2. Defendant LINDLEY M CHAPlviAN resides or has itsprincipalplace of
business at:78 CHESTNUT AVE 2 DANSVILLE NY 14437
3. Upon Information and beliefthe transaction of bminess occurred within LIVINGSTON County.
4. CAUSE OF ACTION NUMBER ONE:
Defenan+(s) executed an agreement wherein Plaintiffagreed to extend credit or cash advance on a revolving basis which
credit oradvance was tobe paid in monthly iñ±11s:±. There remains due and owing the sum of$2818.50.
5. That no portion of the aforementioned sum has been paid, although duly demanded.
6. CAUSE OF ACTION NUMBER TWO:
Plaintiffrepeats each allegaticñ contained in paragraphs I through 5, inclusive.
7. An account was taken and stated showing a balance of $ 2818.50 due and owing toPlaintiffby Defendant(s), no part of
which has been paid, although duly densñdcd, which Defendant(s) did not object to.
Plaintiffexpressly disclaims any rightto attorney fees thatitmay have.
Total amount credited sincechargeoff: $ 125.00
WHEREFORE Plaintiffdemands judgment against Defendant(s) in thesum of $ 2818.50 on the first
cause of action;
the sum of $ 2818.50 on the second cause of action; together with statutory costsand disbursements.
DATED: May 10, 2019
Westbury, New York
Adam Hughes, ana Arrick
YOURS, etc.
MALEN & ASSOCIATES, p.c.
Attorneys for Plaintiff This isan attempt to collecta debt. Any infermation cbtained willbe
123 Frost Street,Suite 203 used for thatpurpose. We are a Debt Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5926
New York City Department of Censumer Affairs License: 2046078-DCA
3 of 4
INDEX #:
Index NO.000460-2019
000460-2019
FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
____-_______.....---______-_______________
CAPITAL ONE BANK (USA), N.A. File No. 0808B 365151
Plaintiff
-against-
LINDLEY M CHAPMAN Index#:
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 ofthe 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 documents, court documents 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 allemployees)
the requisite knowledge to comply; and 2) self-represented parties who choose not to
participate in e-filing. For additional information 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: May 10, 2019
Adam Hug na Arrick, Es
MALEN & ASSO IA P.C.
123 Frost Street
Westbury, NY 11590
516.334.3500
To: LINDLEY M CHAPMAN
78 CHESTNUT AVE 2
DANSVILLE NY 14437
This is an attempt to collect a debt, any information obtained shall be used for that
purpose. We are Debt Collectors.
New York City Department of Consumer Affairs License: 2046078-DCA
supremeefile
4 of 4
Document Filed Date
May 28, 2019
Case Filing Date
May 28, 2019
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM INDEX NO. 000460-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019 Mary F. Strickland , County Cl Livingston County Government Ce 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' 243-7010 ~ Fax 243-792 (585) (585) Livingston County Clerk Recording P Received From: Return To: ADAM MICHAEL HUGHES ADAM MICHAEL HUGH Document Type: CIVIL ACTION - MISC Document Desc: SUMMO Plaintiff Defendant CAPITAL ONE BANK (USA), N.A. CHAPMAN LINDLEY M Recorded Information: State of New York Index #: 000460-2019 County of Livingstañ EFiling through NYSCE Livingston This sheet conMMLaes the Clerk's endoreement equit¤d by section 319 of the Real Property Law 1 of 4 Index INDEX # : 000460-2019 NO. 000460-2019 FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019 Nort Index No: Date Filed: CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK 0808B 365151 COUNTY OF LIVINGSTON Clt Acet: XXXXXXXXXXXX2231 CAPITAL ONE BANK (USA), N.A. SUMMONS AND COMPLAINT Plaintiff The basis of the venue designated is: County in which defendant(s) resides against The defendant resides in the county of LIVINGSTON The transaction took place out of state. LINDLEY M CHAPMAN Defendant(s) -----...----________________--______-------X To the above named Defendant(s) You are hereby summoned and required to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with summons, to serve a notice of appearance, on the Plaintiff s Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the 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, judgement will be taken against you by default for the relief demanded in the complaint. May 10, 2019 Defendant's address: LINDLEY M CHAPMAN 78 CHESTNUT AVE 2 DANSVILLE NY 14437 Attorney(s) for Plaintiff Malen & Associates, p.c. 123 Frost Street, Suite 203 Westbury, NY 11590 (516) 334-3500 Ext: 5926 Adam Hy'gh 8, Dana ck New York City Department of Consumer Affairs cen : 046078-DCA Upon your failure to appear, judgment will be taken against you by default for the sum of $ 2818.50 with statutory costs and disbursements of this action. This is an attempt to collect a debt, any information obtained will be used for that purpose. We are a Debt Collector. 2 of 4 Index NO. INDEX #: 000460-2019 000460-2019 FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019 SUPREME COURT OF THE STATE OF NEW YORK 1NDEX #: COUNTY OF LIVINGSTON - ------------------------X OUR FILE #: 0808B -365151 CAPITAL ONE BANK (USA), N.A. Plaintiff, COMPLAINT -against- LINDLEY M CHAPMAN Plaintiffs Address: Defendant(s) 15000 Capital One Dr. -------X Richmond VA 23238 PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s), allege(s) upon information and belief: 1. Plaintiff isa Corp licensed to do business in NY. Upon information and belief Plaintiffis notrequired to be licensedby the New York City Department of Consumer Affairs. 2. Defendant LINDLEY M CHAPlviAN resides or has itsprincipalplace of business at:78 CHESTNUT AVE 2 DANSVILLE NY 14437 3. Upon Information and beliefthe transaction of bminess occurred within LIVINGSTON County. 4. CAUSE OF ACTION NUMBER ONE: Defenan+(s) executed an agreement wherein Plaintiffagreed to extend credit or cash advance on a revolving basis which credit oradvance was tobe paid in monthly iñ±11s:±. There remains due and owing the sum of$2818.50. 5. That no portion of the aforementioned sum has been paid, although duly demanded. 6. CAUSE OF ACTION NUMBER TWO: Plaintiffrepeats each allegaticñ contained in paragraphs I through 5, inclusive. 7. An account was taken and stated showing a balance of $ 2818.50 due and owing toPlaintiffby Defendant(s), no part of which has been paid, although duly densñdcd, which Defendant(s) did not object to. Plaintiffexpressly disclaims any rightto attorney fees thatitmay have. Total amount credited sincechargeoff: $ 125.00 WHEREFORE Plaintiffdemands judgment against Defendant(s) in thesum of $ 2818.50 on the first cause of action; the sum of $ 2818.50 on the second cause of action; together with statutory costsand disbursements. DATED: May 10, 2019 Westbury, New York Adam Hughes, ana Arrick YOURS, etc. MALEN & ASSOCIATES, p.c. Attorneys for Plaintiff This isan attempt to collecta debt. Any infermation cbtained willbe 123 Frost Street,Suite 203 used for thatpurpose. We are a Debt Collector. Westbury, N.Y. 11590 (516) 334-3500 Extension: 5926 New York City Department of Censumer Affairs License: 2046078-DCA 3 of 4 INDEX #: Index NO.000460-2019 000460-2019 FILED: LIVINGSTON COUNTY CLERK 05/28/2019 04:50 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON ____-_______.....---______-_______________ CAPITAL ONE BANK (USA), N.A. File No. 0808B 365151 Plaintiff -against- LINDLEY M CHAPMAN Index#: 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 ofthe 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 documents, court documents 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 allemployees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information 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: May 10, 2019 Adam Hug na Arrick, Es MALEN & ASSO IA P.C. 123 Frost Street Westbury, NY 11590 516.334.3500 To: LINDLEY M CHAPMAN 78 CHESTNUT AVE 2 DANSVILLE NY 14437 This is an attempt to collect a debt, any information obtained shall be used for that purpose. We are Debt Collectors. New York City Department of Consumer Affairs License: 2046078-DCA supremeefile 4 of 4