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  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Simone L GreenOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: TOMPKINS COUNTY CLERK 04/01/2021 02:24 PM INDEX NO. EF2021-0226 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/01/2021 Cl2021-05343 Index # : EF2021-0226 Index No: Date Filed: CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK 0808B 393571 COUNTY OF TOMPKINS Clt Acet: XXXXXXXXXXXX7036 -------------------------------------------x 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 TOMPKINS The transaction took place out of state. SIMONE L GREEN Defendant(s) __-__________..-------------------------------X To the above named Defendant(s) Y ou 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. Mar 23, 2021 Defendant's address: SIMONE L GREEN 208 CYPRESS CT APT 7 ITHACA NY 14850 Attorney(s) for Plaintiff Malen & Associates, p.c. 123 Frost Street, Suite 203 Westbury, NY 11590 (516) 334-3500 Ext: 5905 dam Hug s,Nicholas l emplet New York City Department of Consu s License: 2046078-DC Upon your failure to appear, judgment will be taken against you by default for the sum of $ 14605.29 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. 1 of 6 FILED: TOMPKINS COUNTY CLERK 04/01/2021 02:24 PM INDEX NO. EF2021-0226 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/01/2021 CI2021-05343 Index #: EF2021-0226 SUPREME COURT OF THE STATE OF NEW YORK INDEX #: COUNTY OF TOMPKINS ---------------------------------------X OUR FILE #: 0808B -393571 CAPITAL ONE BANK (USA), N.A. Plaintiff, COMPLAINT -againSt- SIMONE L GREEN Plaintiffs Address: Defendant(s) 15000 Capital One Dr. -------------------------------------X Richmond VA 23238 PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Dcfcñd añt(s), allege(s) upon information and belief: L Plaintiffis a National Banking Association. Upon information and belief Plaintiffisnot required to be licensed by the New York City Department of Consumer Affairs. 2. Defendant SIMONE L GREEN resides or has itsprincipalplace of business at:208 CYPRESS CT APT 7 ITHACA NY 14850 3. Upon Information and belief the transactionof business occurred within TOMPKINS County. 4. CAUSE OF ACTION NUMBER ONE: Defendant(s) executed an agreemeñt wherein Plaintiffagreed to extend creditor cash advance on a revolvingbasis which creditor advance was tobe paid in mcathly installments There remains due and owing thesum of $14605.29. Account number ending in:XXXXXXXXXXXX7036 Card Type: QUICKSILVER 5. That no portion of theaforementioned sum has been paid, although duly demanded. 6. CAUSE OF ACTION NUMBER TWO: Plaintiffrepeats each allegation contained in paragraphs 1 through 5, inclusive. 7. An account was takenand stated showing a balance of $ 14605.29 due and owing toPlaintiffby Defendant(s), no part of which has been paid, although duly demanded, which Defendant(s) did not object to. Plaintiffexpressly disclainisany right to attorney fees thatitmay have. WHEREFORE PlaintiffAmands judgacñt against Defwant(s) in thesum of $14605.29 on the cause first of action; the sum of$ 14605.29 on the second cause of action; together ith costs and disbursements statutory DATED: Mar 23, 2021 Westbury, New York m Hughe fcholas Templeton YOURS, etc. MALEN & ASSOCIATES, p.c. Attorneys for Plaintiff This is anattempt to collect a debt.Any information obtained will be 123 Frost Street, Suite203 used for thatpurpose. We area Debt Collector. Westbury, N.Y. 11590 (516) 334-3500 Extension: 5905 New York City Department of Consumer Affairs License: 20460'/8-DCA 2 of 6 FILED: TOMPKINS COUNTY CLERK 04/01/2021 02:24 PM INDEX NO. EF2021-0226 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/01/2021 Cl2021-05343 Index #: EF2021-0226 Surname UCURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS __________________....____________________ CAPITAL ONE BANK (USA), N.A. File No. 0808B 393571 Plaintiff against SIMONE L GREEN 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 of the 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) attomeys who certify in good faith that they lack the computer equipment and (along with all employees) 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: Mar 23, 2021 dam Hu , Esq., icholas Templeton, ASSOCIATES, P.C. 123 rost Street Westbury, NY 11590 516.334.3500 To: SIMONE L GREEN 208 CYPRESS CT APT '/ ITHACA NY 14850 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 3 of 6 FILED: TOMPKINS COUNTY CLERK 04/01/2021 02:24 PM INDEX NO. EF2021-0226 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/01/2021 CI2021-05343 Index #: EF2021-0226 ____________________________________---X CAP1TAL ONE BANK (USA), N.A. Plaintiff, FTLE NO: 0808B 393571 -aydinsL- AFFIDAV1T OF INVESTIGATOR SIMONE L GREEN NON-MILITARY STATUS Defendant(s) . ---------------------------------------X STATE OF NEW YORK, COUNTY OF NASSAU The undersigned bein g duly sworn, deposes and says: That your deponent is not a party to this action, is over the age of eighteen of years, and is employed by Malen & Associates, P.C., 123 Frost Street, Westbury, NY 11590. Plaintiff has attempted to confirm if the following defendant(s), hereinafter known as "the Defendant(s)", are in the military cervice: ............. SIMONE L GREEN I have been requested by Malen & Associates, P-C., attorneys for Plaintiff to swear as to my own personal knowledge whether or not the Defendant(s) are in military service pursuant to United States Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act, Sections 300 to 327. I communicated with the Department of Defense, Defense Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209 wherein I provided them with the Defendant(s) name(s), date(s) of birth or social security number(s) which we know is accurate because the information is contained in Plaintiffis file. In response to my inquiry it was confirmed on 03/23/21 that the Defendant(s) were not in any branch of the military service. From the facts above set forth, I am convinced that the Defendant(s) are not in any branph qf the military service at the present time. Mary Joy Sp n man Sworn o efore me on Wol ryW1ic affinonmil maryjoy 03/23 21 NOTARY Qu? d r NaGS&.U County COf 00 ii88iO0 GX Q i FGSfVlEm 4, 2021 4 of 6 FILED: TOMPKINS COUNTY CLERK 04/01/2021 02:24 PM INDEX NO. EF2021-0226 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/01/2021 tment of aso™ Resuns CI2021-05343 Defense Mañpówer Data Center Index #: EF2021-0226 SCRA5.7 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-5352 Birth Date: Last Name: GREEN First Name: SIMONE Middle Name: L Status As Of: Mar-23-2021 Certificate ID: MPDGTLJ28LDJZBM . . . OnActiveDutyOnActiveDutyStatusDate . ActveDulyStartDate Achve DutyEndDate . .. . Status. . . Service Component This;cã;cr. activedutystausbasedantheActwoDutyStatusDate ctstheindividualt . LeftActiveDutyWithili367DaysofAcGve DutyStatusDatu : ActWe DutyStertDate . ActiveDutyEndDate.. . . Status . S:rd : No . NA Thisresponse renects wheremeindwidual leftoc1we dutystatuswi1Nn 367daysofeceding theActiveDutyStatusDate TheMember orHistHer ofa Future UnitWasNotilled toActiveDutyonActiveDutyStatusDate Cell-Up . . . . OrderNohficahom StartDale OrderNohficulian EndDale Status SemceComponent . NA No NA Thisresponse rellects whether1he ofhisther trufmduist unithasreceived noblicabon eeuty toreportforacImeduty - Upon searching the data banks of the Dept ent of Defense Menpower Data Center, based on the that you provided, the above is the status of the individuai on the active duty status date as to all branches of the Unife==ed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and -- Coast Guard). This status includes Mr f or his/her unit receiving rintificatinn of future orders to report for Active Duty. on a Servicciiisiiiber Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 File#: 393571 5 of 6 FILED: TOMPKINS COUNTY CLERK 04/01/2021 02:24 PM INDEX NO. EF2021-0226 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: Paon 1 of 4 04/01/2021 Cl2021-05343 Index #: EF2021-0226 Dec. 25,2019 an. 4 2 PayrnentDue Date For online and phone payments, Provious Balanco $14,3GG G8 is 8pm the deadline ET. Payments $0.00 New Balance Minimum Payment Due Ollier Credits $0.00 $14,605.29 $14,605.29 Transactions + so.o0 Cash Advances + $0 00 IMPORTANT ACCOUNT UPDATES: . .. . . Fees C1iarged + $0.00 Your full balanceis due. Any payment you make willreduceyour balance and helppay off your debt faster. The amount if you owe may differ InterestCharged + $238.61 you'veenteredintoa separatepayment agiccinent. New Balance = $14,605.29 AvailableCredit (as ofJan. 24, 2020) N/A 300079 ® P Account Notifications New Yorkresidentsmay contactthe New York State Department of Financial Services a compalative to obtain of credit listilig card rates, fees, and graceperiods.Contactthe New York State Department of Services: Financial 1-877-226-5697 or www.dfs,ny.gov. Pay or manage your account on ourmobile app or atwww.capitalogie.com. Customer 1-800-258-9319 Service: See reverse for 'nf6rñ Important 81100 - Pleasesendusthis portionof yourstatementand onlyonecheck(orone moneyorder)to Cap/flig ensureyourpaymentisprocessedpromptly.Allowat least sevenbusinessdaysfordelivery. 400030 Payment Due Date: Past Due Account Ending in 7036 New Balance Minimum Due Payi1ielil Amount Enclosed $14,605.29 $14,605.29 $ SIl10NE L -- GREEN APT 7 208 CYPRESS CT Capital One ITHACA, NY 14850-7517 P-0. Box 6Ll'I2 Carol Stream, IL 601'l7-6ti'i2 6 of 6