Preview
FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021
SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION
COUNTYOFWAYNE
------------------ - - -- ------ - - -- - - ---- - - -- - - - - -- -X SUMMONS
Bank of America, N. A.
Plaintiff, COURT INDEX#:
MJRF#: 02119802
-Against-
MARK WILLIAM DACIW Plaintiff's Address:
655 PAPER MILL ROAD
Defendant(s) NEWARK,DE 19711
-------------------------------------------------X
Defendant's Address:
3377 AUTUMN WOOD DR
MACEDON,NY 14502
The basis of the venue is:
DEFENDANT RESIDES IN THE COUNTY
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 Plaintiff's
Attorneys within the time provided by law as noted below. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will b entere
against you by default for the relief demanded in the complaint.
MM 2 5 2021
Dated:
S
LOOLY , JEFFREY , R00NEY & FLYNN LLP
Attorneys for Pl ainti ff
6851 Jeri cho Tpke, Suite 220
P.0. BOX 9036
Syosset , NY 11791-9036
(516)656-5300
NOTE:The law provides that:
(a)If this summons is served by its delivery to you personally within the State of New
York you must appear and answer within TWENTY days after such service; or
(b)If this summons is served by delivery to any person other than you personally,or is
served outside the State of New York or by publication,or by any means other than
personal delivery to you within the State of New York, you are allowed THIRTY days after
service is complete to answer.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
(FIAS) 0103AM
1 of 4
FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021
SUPREMECOURTOFTHESTATE OFNEWYORK
COUNTYOFWAYNE
---------------------------------------------X
Bank of America, N.A.
v . INDEX#:
MARK WILLIAM DACIW MJRF#: 02119802
---------------------------------------------X
COMPLAINT
Plaintiff,Bank of America,N.A.,through its attorneys upon information and belief,claims
as follows:
1. That the defendant(s) resides in the county in which this action is brought;or that
the defendant(s) transacted business within the county in which this action is brought in
person or through his/her agent and that the instant cause of action arose out of the
said transaction.
2. Plaintiff is a national banking association organized and existing under the laws of
the United States of America.
3. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the
successor-in-interest to FIA Card Services,N.A.("FIA"),formerly known as MBNA America
Bank,N.A. FIA was merged into and under the charter and title of Plaintiff effective
October 1,2014.
FIRST CAUSE OF ACTION
4. Defendant applied for and received a credit account, which is owned and administered
by Plaintiff(the "Account").Defendant used or authorized the use of the Account for the
acquisition of goods,services,balance transfers or cash advances in accordance with the
customer agreement("Agreement") governing use of the Account with Plaintiff.
5. Defendant breached the Agreement by failing to make periodic payments as required
thereby and the Account was subsequently charged-off. The entire balance on the Account
is owed to Plaintiff and is presently due and payable in full.
6. The current Account balance is $4,108.26, which includes any applicable payments and
credits. The Account is not accruing post charge-off interest.
SECOND CAUSE OF ACTION
7. In accordance with federal regulations,monthly periodic statements for the Account
have been provided to the Defendant and retained without successful objection. Attached
hereto and incorporated herein as Exhibit "A" is a of the last periodic statement
copy
provided to Defendant prior to charge-off. Based on Plaintiff's records, there are no
unresolved billing disputes related to the Account.
WHEREFORE,Plaintiff,Bank of America,N.A.,prays that judgment be entered against Defendant
for:
the sum of $4,108.26,together with costs and disbursements.
Respectfully su tted
MAY 25 2021
Dated:
STEVEN BYRNE
MULLOOLY,JEFFREY,R00NEY & FLYNN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset, NY 11791-9036
(516)656-5300
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
(FIAS)
2 of 4
FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WAYNE
---------------------------------------------X
Bank of America, N.A.
v. INDEX#:
MARK WILLIAM DACIW MJRF#: 02119802
---------------------------------------------X
***** NOTICE OF ELECTRONIC FILING *****
_______________________________________
(Mandatory Commencement Case Uniform Rule § 202.5-bb(a) (2) (v) and (vi))
(Consensual Case Uniform Rule § 202.5-b)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2) You are a Defendant/Respondent (a party) in this case.
* If you are represented an attorney:
by
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2).
* If you are not represented an attorney:
by
You will be served with all documents in paper and you must serve and file your documents
in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection to the
internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
* and your documents
serving filing electronically
* free access to view and print your e-filed documents
* your number of trips to the courthousements
limiting
* court fees on-line (credit card needed)
paying any
To register for e-filing or for more information about how e-filing works:
* visit: www.nycourts.gov/efile-unrepresented orded
* contact the Clerk's Office or Center at the court where the case was filed. Court
Help
contact information can be found at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourts.gov
***** INFORMATION FOR ATTORNEYS *****
Attorneys representing a partymust either consent or decline consent to electronic filing
and service through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner
provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to
participate in e-filing must first create a NYSCEF account and obtain a user ID and
password prior to recording their consent by going to www.nycourts.gov/efile.
Attorneys declining to consent must file with the court and serve on all parties of
record declination of consent.
3 of 4
FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021
For additional information about electronic filing and to create a NYSCEF ac ount, visit
the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resourc Cente
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov.
Dated: 2 5
202
MULLOOLY,JEFFREY,R00NEY & FLYNN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
TO:MARK WILLIAM DACIW
3377 AUTUMN WOOD DR
MACEDON,NY 14502
Mjrf#:02119802
4 of 4
Preview
FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021 SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION COUNTYOFWAYNE ------------------ - - -- ------ - - -- - - ---- - - -- - - - - -- -X SUMMONS Bank of America, N. A. Plaintiff, COURT INDEX#: MJRF#: 02119802 -Against- MARK WILLIAM DACIW Plaintiff's Address: 655 PAPER MILL ROAD Defendant(s) NEWARK,DE 19711 -------------------------------------------------X Defendant's Address: 3377 AUTUMN WOOD DR MACEDON,NY 14502 The basis of the venue is: DEFENDANT RESIDES IN THE COUNTY 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 Plaintiff's Attorneys within the time provided by law as noted below. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will b entere against you by default for the relief demanded in the complaint. MM 2 5 2021 Dated: S LOOLY , JEFFREY , R00NEY & FLYNN LLP Attorneys for Pl ainti ff 6851 Jeri cho Tpke, Suite 220 P.0. BOX 9036 Syosset , NY 11791-9036 (516)656-5300 NOTE:The law provides that: (a)If this summons is served by its delivery to you personally within the State of New York you must appear and answer within TWENTY days after such service; or (b)If this summons is served by delivery to any person other than you personally,or is served outside the State of New York or by publication,or by any means other than personal delivery to you within the State of New York, you are allowed THIRTY days after service is complete to answer. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. (FIAS) 0103AM 1 of 4 FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021 SUPREMECOURTOFTHESTATE OFNEWYORK COUNTYOFWAYNE ---------------------------------------------X Bank of America, N.A. v . INDEX#: MARK WILLIAM DACIW MJRF#: 02119802 ---------------------------------------------X COMPLAINT Plaintiff,Bank of America,N.A.,through its attorneys upon information and belief,claims as follows: 1. That the defendant(s) resides in the county in which this action is brought;or that the defendant(s) transacted business within the county in which this action is brought in person or through his/her agent and that the instant cause of action arose out of the said transaction. 2. Plaintiff is a national banking association organized and existing under the laws of the United States of America. 3. Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services,N.A.("FIA"),formerly known as MBNA America Bank,N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1,2014. FIRST CAUSE OF ACTION 4. Defendant applied for and received a credit account, which is owned and administered by Plaintiff(the "Account").Defendant used or authorized the use of the Account for the acquisition of goods,services,balance transfers or cash advances in accordance with the customer agreement("Agreement") governing use of the Account with Plaintiff. 5. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 6. The current Account balance is $4,108.26, which includes any applicable payments and credits. The Account is not accruing post charge-off interest. SECOND CAUSE OF ACTION 7. In accordance with federal regulations,monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. Attached hereto and incorporated herein as Exhibit "A" is a of the last periodic statement copy provided to Defendant prior to charge-off. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. WHEREFORE,Plaintiff,Bank of America,N.A.,prays that judgment be entered against Defendant for: the sum of $4,108.26,together with costs and disbursements. Respectfully su tted MAY 25 2021 Dated: STEVEN BYRNE MULLOOLY,JEFFREY,R00NEY & FLYNN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset, NY 11791-9036 (516)656-5300 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. (FIAS) 2 of 4 FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WAYNE ---------------------------------------------X Bank of America, N.A. v. INDEX#: MARK WILLIAM DACIW MJRF#: 02119802 ---------------------------------------------X ***** NOTICE OF ELECTRONIC FILING ***** _______________________________________ (Mandatory Commencement Case Uniform Rule § 202.5-bb(a) (2) (v) and (vi)) (Consensual Case Uniform Rule § 202.5-b) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2) You are a Defendant/Respondent (a party) in this case. * If you are represented an attorney: by Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2). * If you are not represented an attorney: by You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: * and your documents serving filing electronically * free access to view and print your e-filed documents * your number of trips to the courthousements limiting * court fees on-line (credit card needed) paying any To register for e-filing or for more information about how e-filing works: * visit: www.nycourts.gov/efile-unrepresented orded * contact the Clerk's Office or Center at the court where the case was filed. Court Help contact information can be found at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourts.gov ***** INFORMATION FOR ATTORNEYS ***** Attorneys representing a partymust either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to www.nycourts.gov/efile. Attorneys declining to consent must file with the court and serve on all parties of record declination of consent. 3 of 4 FILED: WAYNE COUNTY CLERK 06/02/2021 10:40 AM INDEX NO. CV087275 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/02/2021 For additional information about electronic filing and to create a NYSCEF ac ount, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resourc Cente (phone: 646-386-3033; e-mail: nyscef@nycourts.gov. Dated: 2 5 202 MULLOOLY,JEFFREY,R00NEY & FLYNN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 TO:MARK WILLIAM DACIW 3377 AUTUMN WOOD DR MACEDON,NY 14502 Mjrf#:02119802 4 of 4