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  • Second Round Limited Partnership v. Megan BreslinOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Second Round Limited Partnership v. Megan BreslinOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Second Round Limited Partnership v. Megan BreslinOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Second Round Limited Partnership v. Megan BreslinOther Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

Preview

FILED: ERIE COUNTY CLERK 04/10/2018 04:16 PM INDEX NO. 805678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index N9 COUNTY OF ERIE X Second Round Limited Partnership SUMMONS Plaintiff, Plaintiff's Address: -against- 1701 Directors Blvd. Ste. 900 Austin TX 78744 Megan Breslin Defendant(s). The basis of Venue is CPLR Sec. 503(f) Defendant resides in County of: ERIE X Consumer Credit Transaction Defendant(s) Address: DEF.#1 - 72 BURNS Tonawanda NY 14150 CT, 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 Plaintiff's 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 collect a debt. Any information obtained will be used for that purpose. Dated: March 30, 2018 S.E ACCT. NO. 252314.001 U Anthony S. Pou in Stephanie R. Vetch Stephen Einstein Rafeena Khairullah Mariya Burtseva g Rimsha Khan Stephen Einstein & Associates, P.C. Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 "PDH~ IIIIIIIII IIIII,IIIII 1 of 7 FILED: ERIE COUNTY CLERK 04/10/2018 04:16 PM INDEX NO. 805678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE Second Round Limited Partnership Plaintiff, VERIFIED COMPLAINT -against- Megan Breslin Defendant(s). Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is an active foreign entity conducting business in the state of TX. 2. Upon information and belief, Defendant(s) is/are resident(s) of the State of New York, County of ERIE. Upon information and belief following Consumer Credit Transaction occurred in County of ERIE. AS AND FOR A FIRST CAUSE OF ACTION 3. The Defendant(s) hereto entered into a Credit Agreement with Plaintiff's predecessor in interest, Synchrony Bank, bearing account #XXXXXXXXXXXX4192 who charged off the debt on 01/27/2016. 4. Upon information and belief, Plaintiff's predecessor in interest duly performed all conditions on its part under the agreement. 5. The Plaintiff thereafter took by assignment all the rights, titleand interest to receive the monies due pursuant to and in accordance with the said agreement and is the legal assignee of the original creditor. 6. Upon information and belief, Plaintiff advised Defendant, in writing, of said balance due and demanding payment. No payment has been forthcoming. 2 of 7 FILED: ERIE COUNTY CLERK 04/10/2018 04:16 PM INDEX NO. 805678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 7. Defendant(s) defaulted in payment and pursuant to the terms of the agreement now owe a balance of $1,488.41 as of 1/27/2016, no part of which has been paid despite due demand therefore. AS AND FOR A SECOND CAUSE OF ACTION 8. That heretofore, upon information and belief, Plaintiff's predecessor in interest rendered to Defendant(s) monthly, fulland truth accounts of the indebtedness owing by the Defendant(s) as a result of the above Agreement, in an amount as hereinabove set forth, which account statements were delivered to and accepted without objection by the Defendant(s) resulting in an account stated in the sum of $1,488.41 as of 1/27/2016, no part of which has been paid despite due demand therefore. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,488.41 plus costs and disbursements. VERIFICATION: The undersigned, affirms under penalties 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 plaintiffs place of business is located outside the county where affirmant maintains his law practice. Affirmed this 30th day of March, 2018. (i Anthony S. Poulin t Stephanie R. Vetch Stephen Einstein Rafeena Khairullah Mariya Burtseva Rimsha Khan S. E Acct. ¹ 252314.001 I 3 of 7 FILED: ERIE COUNTY CLERK 04/10/2018 04:16 PM INDEX NO. 805678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERJE Second Round Limited Partnership Plaintiff -against- Megan Breslin Defendant(s) SUMMONS AND VERIFIED COMPLAINT Signature (Rulp43 -1. 1 Anthony S. Poulin Stephanie R. Vetch Rafeena Khairullah Stephen Einstein g Mariya Burtseva Rimsha Khan P LAW OFFICE OF STEPHEN EINSTEIN 8 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 of a 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 2018 at _ A.M Dated, 4 of 7 FILED: ERIE COUNTY CLERK 04/10/2018 04:16 PM INDEX NO. 805678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK INDEX N9 COUNTY OF ERIE Second Round Limited - Partnership Plaintiff/Demandante, vs. Megan Breslin - Defendant(s)/Demandando, Megan Breslin 72 BURNS CT Tonawanda, NY 14150 ATTENTION: A LAWSUIT HAS BEEN FILED AGAINST YOU CLAIMING THAT YOU OWE MONEY FOR AN UNPAID CONSUMER DEBT. YOU SHOULD RESPOND TO THE LAWSUIT BY FILING AN "ANSWER". YOU MAY WISH TO CONTACT AN ATTORNEY. IF YOU DO NOT RESPOND TO THE LAWSUIT, THE COURT MAY ENTER A MONEY JUDGMENT AGAINST YOU. ONCE ENTERED, A JUDGMENT IS GOOD AND CAN BE USED AGAINST YOU FOR TWENTY YEARS, AND YOUR PERSONAL PROPERTY AND MONEY , INCLUDING A PORTION OF YOUR PAYCHECK AND/OR BANK ACCOUNT, MAY BE TAKEN FROM YOU.ALSO, A JUDGMENT WILL AFFECT YOUR CREDIT SCORE AND CAN AFFECT YOUR ABILITY TO RENT A HOME, FIND A JOB, OR TAKE OUT A LOAN. YOU CANNOT BE ARESTED OR SENT TO JAIL FOR OWING A DEBT. ADDITIONLAL INFORMATION CAN BE FOUND ON THE COURT SYSTEM WEBSITE AT: www.nycourts.gov PRECAUCION: SE HA PRESENTADO UNA DEMANDA EN SU CONTRA RECLAMANDO QUE USTED DEBE DINERO POR UNA DEUDA AL CONSUMIDOR NO SALDADA. USTED DEBE TAN PRONTO COMO LE SEA POSIBLE, PARA RESPONDER A LA DEMANDA "CONTESTACION." PRESENTANDO UNA QUIZAS USTED QUIERA COMUNICARSE CON UN ABOGADO. SI USTED NO PRESENTA UNA CONTESTACION, EL TRIBUNAL PUEDE EMITER UN FALLO MONETARIO EN CONTRA SUYA. UNA VEZ EMITIDO, ESE FALLO ES VALIDO Y PUEDE SER UTILIZADO CONTRA USTED POR UN PERIDO DE VEINTE ANOS, Y CONTRA SU PROPIEDAD PERSONAL Y SU DINERO, INCLUYENDO UNA PORCION DE SALARIO Y/O SU CUENTA BANCARIA LOS CUALES PUEDEN SER EMBARGADOS. ADEMAS, UN FALLO MONETARIO AFECTA SU CREDITO Y PUEDE AFECTAR SU CAPACIDAD DE ALQUILAR UNA CASA, ENCONTRAR TRABAJO 0 SOLICITAR UN PRESTAMO PARA COMPRAR UN AUTOMOVIL. USTED NO PUEDE SER ARRESTADO NI APRESADO POR ADEUDAR DINERO.PUEDE OBTENER INFORMACION ADICIONAL EN EL SITIO WEB DEL SISTEMA: www.nycourts.gov S E. Acc. <1252314.001 5 of 7 FILED: ERIE COUNTY CLERK 04/10/2018 04:16 PM INDEX NO. 805678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE X Second Round Limited Partnership Plaintiff/Petitioner, -against- INDEX N9: Megan Breslin 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 itcharge 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 documents 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: ERIE COUNTY CLERK 04/10/2018 04:16 PM INDEX NO. 805678/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/10/2018 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 .''t Resource Center (phone: 646- t' m 386-3033; e-mail: efiley n3eourN ). Dated: March 30, 2018 3 ] Anthony S. Poulin ] Stephanie R. Vetch Stephen Einstein Rafeena Khairullah I Mariya Burtseva Rimsha Khan (212) 267-3550 Stephen Einstein & Associates, P.C www.stepheneinstein.com S.E acc. #252314.001 TO: Megan Breslin 72 BURNS CT Tonawanda TonawandaNY NY 14150 7 of 7