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