Preview
FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
____________________ _______________________ Plaintiff designates WASHINGTON
TD BANK USA, N.A. County as the place of trial; the defendant
resides in WASHINGTON County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. F046527
JENNIFER L BRUECKNER
DEFENDANT. SUMMONS
_____________________________________ ______ Plaintiffs address: 7000 TARGET
PARKWAY NORTH MS-NCB-0464,
BROOKLYN PARK, MN 55445
The Basis of the Venue isDefendant's
Residence
CONSUMER CREDIT TRANSACTION
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, ifthe complaint isnot served with this summons, to serve a
notice of appearance, on the plaintiff s attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days afterthe service is complete ifthis summons is
not personally delivered to you within the stateof New York); and in case of your failureto
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: March 06, 2020
Selip & Stylianou, LLP
Attorneys forplaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006; (866) 848-8975 ext. 8991; Refer to S&S File No. F046527
Defendant to be served: JENNIFER L BRUECKNER, 579 COOT HILL RD, ARGYLE, NY
12809
This comme--leâtioñ is from a debt cGilector and is an attempt to collect a debt. Any
information ebtained will be used for that purpose.
By:
DanieleCAdfer, Esq
111111111111111111111111111111111111111111111
11111111P 111111111111111111 1111111111111111111111111111111111111111111111111111111111111
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FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
TD BANK USA, N.A.
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. F046527
JENNIFER L BRUECKNER COMPLAINT
DEFENDANT.
_____________________________________ ____________
Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiffisa nationalbanking association organized pursuant to federallaw.
2. Upon information and belief,the Defendant(s) residesor has an officeinthe county inwhich
thisaction is brought,or theDefendant(s) transacted business within the county inwhich thisaction is
brought, eitherinperson or through an agent and the instantcause of action arose out ofsaid transaction.
3. Based upon a reasonable inquiry,the Statute of Limitations forthe causes of actionasserted
herein has not expired.
FACTS
4. A Target-branded revolving credit card account, account no. XXXX-XXXX-XXXX-2740,
was opened on November 23, 2007 inthe Defendant's name (hereinafter the "Account"), subject to the
terms and conditions provided, or made available in electronicformat,to theDefendant (the "Agreement").
5. Defendant used the Account and incurred a balance.
6. Defendant breached the terms of theAgreement by failing to make the agreed-upon payments
when due.
7. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make
allthe requiredpayments. The balance currently due and owing is$2,370.60.
AS AND FOR A FIRST CAUSE OF ACTION
8. Plaintiff
repeats and realleges each and every allegationcontained inthe foregoing paragraphs
as ifmore fully setforthherein.
9. That upon information and belief,Plaintiffrendered to Defendant a fulland true account of
the indebtedness owing by the Defendant as a resultof nonpayment of theAccount, which statement was
deliveredto and accepted without objection by the Defendant, resulting in an account statedin the sum of
$2,370.60, no part ofwhich has been paid despite due demand therefor.
10. After creditingDefendant for allpayments and credits,there is now due and owing by
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FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020
Defendant to Plaintiff
the sum of$2,370.60, no part ofwhich has been paid despite due
demand therefor.
AS AND FOR A SECOND CAUSE OF ACTION
11. Plaintiff
repeats and realleges each and every allegationcontained inthe foregoing paragraphs
as ifmore fully setfor herein.
12. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all
payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$2,370.60, no part
of which has been paid despite due demand therefor.
WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $2,370.60 together
with costs and disbursements.
The undersigned attorney hereby certifies
that,to thebest of his/herknowledge, information, and belief,
formed afteran inquiry reasonable under the circumstances, the presentation of thewithin complaint and
the contentionstherein are not frivolousas defined in part130-1.1(c) of therules of theChief
Administrator.
Dated: March 06, 2020
Respectfully su ,
By:
Daniel er,Esq.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext.8991;
S&S File No. F046527
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FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WASHINGTON
_________________________________________________
TD BANK USA, N.A.
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
JENNIFER L BRUECKNER S&S FILE NO. F046527
DEFENDANT.
____________________ _____________________________
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing
System ("NYSCEF"), 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.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. For additional information about electronic filing, and to
create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the
NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60
Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or
internet connection or that they lack (along with all employees subject to their direction) the operational
knowledge to comply with e-filing requirements; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: March 06, 2020
Sellf48fylianou,
By: Daniel H. Adler, Esq., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: JENNIFER L BRUECKNER, 579 COOT HILL RD, ARGYLE, NY 12809
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Preview
FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON ____________________ _______________________ Plaintiff designates WASHINGTON TD BANK USA, N.A. County as the place of trial; the defendant resides in WASHINGTON County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. F046527 JENNIFER L BRUECKNER DEFENDANT. SUMMONS _____________________________________ ______ Plaintiffs address: 7000 TARGET PARKWAY NORTH MS-NCB-0464, BROOKLYN PARK, MN 55445 The Basis of the Venue isDefendant's Residence CONSUMER CREDIT TRANSACTION 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, ifthe complaint isnot served with this summons, to serve a notice of appearance, on the plaintiff s attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days afterthe service is complete ifthis summons is not personally delivered to you within the stateof New York); and in case of your failureto appear or answer, judgment will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: March 06, 2020 Selip & Stylianou, LLP Attorneys forplaintiff P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 364-6006; (866) 848-8975 ext. 8991; Refer to S&S File No. F046527 Defendant to be served: JENNIFER L BRUECKNER, 579 COOT HILL RD, ARGYLE, NY 12809 This comme--leâtioñ is from a debt cGilector and is an attempt to collect a debt. Any information ebtained will be used for that purpose. By: DanieleCAdfer, Esq 111111111111111111111111111111111111111111111 11111111P 111111111111111111 1111111111111111111111111111111111111111111111111111111111111 1 of 4 FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON TD BANK USA, N.A. PLAINTIFF, INDEX NUMBER: -AGAINST- S&S FILE NO. F046527 JENNIFER L BRUECKNER COMPLAINT DEFENDANT. _____________________________________ ____________ Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiffisa nationalbanking association organized pursuant to federallaw. 2. Upon information and belief,the Defendant(s) residesor has an officeinthe county inwhich thisaction is brought,or theDefendant(s) transacted business within the county inwhich thisaction is brought, eitherinperson or through an agent and the instantcause of action arose out ofsaid transaction. 3. Based upon a reasonable inquiry,the Statute of Limitations forthe causes of actionasserted herein has not expired. FACTS 4. A Target-branded revolving credit card account, account no. XXXX-XXXX-XXXX-2740, was opened on November 23, 2007 inthe Defendant's name (hereinafter the "Account"), subject to the terms and conditions provided, or made available in electronicformat,to theDefendant (the "Agreement"). 5. Defendant used the Account and incurred a balance. 6. Defendant breached the terms of theAgreement by failing to make the agreed-upon payments when due. 7. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make allthe requiredpayments. The balance currently due and owing is$2,370.60. AS AND FOR A FIRST CAUSE OF ACTION 8. Plaintiff repeats and realleges each and every allegationcontained inthe foregoing paragraphs as ifmore fully setforthherein. 9. That upon information and belief,Plaintiffrendered to Defendant a fulland true account of the indebtedness owing by the Defendant as a resultof nonpayment of theAccount, which statement was deliveredto and accepted without objection by the Defendant, resulting in an account statedin the sum of $2,370.60, no part ofwhich has been paid despite due demand therefor. 10. After creditingDefendant for allpayments and credits,there is now due and owing by 2 of 4 FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020 Defendant to Plaintiff the sum of$2,370.60, no part ofwhich has been paid despite due demand therefor. AS AND FOR A SECOND CAUSE OF ACTION 11. Plaintiff repeats and realleges each and every allegationcontained inthe foregoing paragraphs as ifmore fully setfor herein. 12. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$2,370.60, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $2,370.60 together with costs and disbursements. The undersigned attorney hereby certifies that,to thebest of his/herknowledge, information, and belief, formed afteran inquiry reasonable under the circumstances, the presentation of thewithin complaint and the contentionstherein are not frivolousas defined in part130-1.1(c) of therules of theChief Administrator. Dated: March 06, 2020 Respectfully su , By: Daniel er,Esq. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext.8991; S&S File No. F046527 3 of 4 FILED: WASHINGTON COUNTY CLERK 03/09/2020 05:01 PM INDEX NO. EC2020-31604 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/09/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WASHINGTON _________________________________________________ TD BANK USA, N.A. PLAINTIFF, -AGAINST- INDEX NUMBER: JENNIFER L BRUECKNER S&S FILE NO. F046527 DEFENDANT. ____________________ _____________________________ NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System ("NYSCEF"), 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. Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a userID and password. For additional information about electronic filing, and to create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60 Centre Street, New York, New York 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements; and 2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.) Dated: March 06, 2020 Sellf48fylianou, By: Daniel H. Adler, Esq., Attorney for Plaintiff P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; To: JENNIFER L BRUECKNER, 579 COOT HILL RD, ARGYLE, NY 12809 4 of 4