Preview
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.
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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
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
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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
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
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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
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
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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
tment of asoâ„¢
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
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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
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