Preview
FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021
CONSUMER CREDIT TRANSACTION
Date Purchased:
SUPREME COURT OF THE STATE OF NEW YORK Index №
COUNTY OF LEWIS X
Second Round Sub, LLC SUMMONS
Plaintiff, Plaintiff's Address:
-against- 1701 Directors Blvd. Ste. 900
Austin TX 78744
Erica Johnson
Defendant(s).
The Basis of Venue is:
CPLR SEC. 503(f). Defendants
residence is in the County of LEWIS.
X
Defendant(s) Address:
DEF.#1 - 4424 GRIFFITH RD, LOWVILLE NY 13367-4315
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: December 1, 2020
Matter # 397994 ____________________________
Evridike Kollis Stephanie R. Vetch
Aksana Bondartseva Joseph J. Cassotta
Alex Pesochin Anthony Poulin
Stephen Einstein Krista Rose
Scott Morris
Tromberg, Morris & Poulin, PLLC f/k/a Stephen Einstein &
Associates, P.C.
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
(212) 267-3550
*SM0000397994*
S_S_SUP-SUM
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FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK INDEX №:
COUNTY OF LEWIS
Second Round Sub, LLC
Plaintiff,
-against-
COMPLAINT
Erica Johnson
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) reside or is employed in of the State of New York, County
of LEWIS; 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.
AS AND FOR A FIRST CAUSE OF ACTION
3. The Defendant(s) hereto entered into a Credit Agreement with Plaintiff‘s predecessor in interest,
Comenity Bank, bearing account #XXXXXXXXXXXXXX2296 who charged off the debt on
07/31/2019.
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, title and 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.
7. Defendant(s) defaulted in payment and pursuant to the terms of the agreement now owe a balance
of $1,973.12 as of 7/31/2019, 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, full and 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 $1,973.12
as of 7/31/2019, no part of which has been paid despite due demand therefore.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,973.12, plus costs
and disbursements.
CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC f/k/a Stephen
Einstein & Associates, P.C. Deponent certifies that, to the best of their knowledge, information and belief,
formed after an inquiry reasonable under the circumstances, the presentation of the paper or the
contentions therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge,
and an initiating pleading, the matter was not obtained through illegal conduct, and the matter was not
obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 1st day of December, 2020.
____________________________
Matter # 397994 Evridike Kollis Stephanie R. Vetch
Aksana Bondartseva Joseph J. Cassotta
Alex Pesochin Anthony Poulin
Stephen Einstein Krista Rose
Scott Morris
S_S_COM-RTL
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FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 1 Index No. Year RECEIVED NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LEWIS
Second Round Sub, LLC
Plaintiff
-against-
Erica Johnson
Defendant(s)
SUMMONS AND VERIFIED COMPLAINT
Signature (Rule 130-1. 1-a)
____________________________
Evridike Kollis Stephanie R. Vetch
Aksana Bondartseva Joseph J. Cassotta
Alex Pesochin Anthony Poulin
Stephen Einstein Krista Rose
Scott Morris
LAW OFFICE OF
TROMBERG, MORRIS & POULIN, PLLC F/K/A 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 of a copy of the within ___________________ is hereby admitted.
Dated,
Attorney(s) for Plaintiff(s)
Sir: Please take notice
NOTICE OF ENTRY:
That within is a (certified) true copy of a duly entered in the office of the clerk
of 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 _____ 2020 at __ A.M
Dated,
S_S_SUP-BB
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FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021
SUPREME COURT OF THE STATE OF NEW YORK INDEX №:
COUNTY OF LEWIS
Second Round Sub, LLC
Plaintiff,
-against-
Erica Johnson
Defendant(s).
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
(along with all employees subject to their direction) the operational knowledge to comply with e-
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.
S_S-EFI
4 of 5
FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021
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: December 1, 2020
____________________________
Evridike Kollis Stephanie R. Vetch
Aksana Bondartseva Joseph J. Cassotta
Alex Pesochin Anthony Poulin
Stephen Einstein Krista Rose
Scott Morris
39 Broadway, Suite 1250
New York, N.Y. 10006
Tromberg, Morris & Poulin, PLLC f/k/a Stephen Einstein &
Associates, P.C.
(212) 267-3550
www.tmppllc.com
TO: Erica Johnson
4424 GRIFFITH RD
LOWVILLE NY 13367-4315
Matter # 397994
S_S-EFI
5 of 5
Preview
FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 CONSUMER CREDIT TRANSACTION Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index № COUNTY OF LEWIS X Second Round Sub, LLC SUMMONS Plaintiff, Plaintiff's Address: -against- 1701 Directors Blvd. Ste. 900 Austin TX 78744 Erica Johnson Defendant(s). The Basis of Venue is: CPLR SEC. 503(f). Defendants residence is in the County of LEWIS. X Defendant(s) Address: DEF.#1 - 4424 GRIFFITH RD, LOWVILLE NY 13367-4315 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: December 1, 2020 Matter # 397994 ____________________________ Evridike Kollis Stephanie R. Vetch Aksana Bondartseva Joseph J. Cassotta Alex Pesochin Anthony Poulin Stephen Einstein Krista Rose Scott Morris Tromberg, Morris & Poulin, PLLC f/k/a Stephen Einstein & Associates, P.C. Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 *SM0000397994* S_S_SUP-SUM 1 of 5 FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK INDEX №: COUNTY OF LEWIS Second Round Sub, LLC Plaintiff, -against- COMPLAINT Erica Johnson 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) reside or is employed in of the State of New York, County of LEWIS; 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. AS AND FOR A FIRST CAUSE OF ACTION 3. The Defendant(s) hereto entered into a Credit Agreement with Plaintiff‘s predecessor in interest, Comenity Bank, bearing account #XXXXXXXXXXXXXX2296 who charged off the debt on 07/31/2019. 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, title and 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. 7. Defendant(s) defaulted in payment and pursuant to the terms of the agreement now owe a balance of $1,973.12 as of 7/31/2019, 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, full and 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 $1,973.12 as of 7/31/2019, no part of which has been paid despite due demand therefore. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,973.12, plus costs and disbursements. CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC f/k/a Stephen Einstein & Associates, P.C. Deponent certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 1st day of December, 2020. ____________________________ Matter # 397994 Evridike Kollis Stephanie R. Vetch Aksana Bondartseva Joseph J. Cassotta Alex Pesochin Anthony Poulin Stephen Einstein Krista Rose Scott Morris S_S_COM-RTL 2 of 5 FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 1 Index No. Year RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LEWIS Second Round Sub, LLC Plaintiff -against- Erica Johnson Defendant(s) SUMMONS AND VERIFIED COMPLAINT Signature (Rule 130-1. 1-a) ____________________________ Evridike Kollis Stephanie R. Vetch Aksana Bondartseva Joseph J. Cassotta Alex Pesochin Anthony Poulin Stephen Einstein Krista Rose Scott Morris LAW OFFICE OF TROMBERG, MORRIS & POULIN, PLLC F/K/A 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 of a copy of the within ___________________ is hereby admitted. Dated, Attorney(s) for Plaintiff(s) Sir: Please take notice NOTICE OF ENTRY: That within is a (certified) true copy of a duly entered in the office of the clerk of 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 _____ 2020 at __ A.M Dated, S_S_SUP-BB 3 of 5 FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 SUPREME COURT OF THE STATE OF NEW YORK INDEX №: COUNTY OF LEWIS Second Round Sub, LLC Plaintiff, -against- Erica Johnson Defendant(s). 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 (along with all employees subject to their direction) the operational knowledge to comply with e- 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. S_S-EFI 4 of 5 FILED: LEWIS COUNTY CLERK 01/12/2021 06:36 PM INDEX NO. EFCA2021-000010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/12/2021 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: December 1, 2020 ____________________________ Evridike Kollis Stephanie R. Vetch Aksana Bondartseva Joseph J. Cassotta Alex Pesochin Anthony Poulin Stephen Einstein Krista Rose Scott Morris 39 Broadway, Suite 1250 New York, N.Y. 10006 Tromberg, Morris & Poulin, PLLC f/k/a Stephen Einstein & Associates, P.C. (212) 267-3550 www.tmppllc.com TO: Erica Johnson 4424 GRIFFITH RD LOWVILLE NY 13367-4315 Matter # 397994 S_S-EFI 5 of 5