Preview
FILED: BROOME COUNTY CLERK 06/11/2021 02:54 PM INDEX NO. EFCA2021001434
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
Prog
Index No:
Date Filed:
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK 0808B 395616
COUNTY OF BROOME Clt Acet: XXXXXXXXXXXX3380
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 BROOME
The transaction took place out of state.
GERILYN LINDSEY
Defendant(s)
-_________-___________-._____.-_____--------X
To the above named Defendant(s)
You are hereby summoned and required to answer the complaint in this action and to serve a copy of your answer, or,
ifthe 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 ifthis 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.
May 18, 2021
Defendant's address:
GERILYN LINDSEY
2218 FARM TO MARKET RD
JOHNSON CITY NY 13790-4508
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203 c
Westbury, NY 11590
(516) 334-3500 Ext: 5910 Adam Hughes, 'cholas TeriÃpleto
New York Department of Consumer Affairs License: - A
City
Upon your failure to appear, judgment will be taken against you by default for the sum of $ 4483.15
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: BROOME COUNTY CLERK 06/11/2021 02:54 PM INDEX NO. EFCA2021001434
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF BROOME
--------------------------------------X OUR FILE #: 0808B -395616
CAPITAL ONE BANK (USA), N.A.
Plaintiff, COMPLAINT
-against-
GERILYN LINDSEY
Plaintiffs Address:
Defendant(s) 15000 Capital One Dr.
---------------------------------X Richmond VA 23238
PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s),
allege(s)upon information and belief:
1. Plaintiff
isa National Banking Association.
Upon infonnation and belief Plaintiffisnot required to be licensed by the New York City Department of
Consumer Affairs.
2. Defendant GERILYN LINDSEY resides or has itsprincipalplace of
business at:2218 FARM TO MARKET RD JOHNSON CITY NY 13790-4508
3. Upon Information and belief the tramantion of business occurred within BROOME County.
4. CAUSE OF ACTION NUMBER ONE:
Deferdant(s) executed an agreerseñt wherein Plaintiffagreed to extend credit or cash advance on a revolving basis which
creditor advance was tobe paid in iñónthly installments.There remains due and owing the sum of$4483.15.
Account number ending in:XXXXXXXXXXXX3380 Card Type: QUICKSILVERONE
5. That no portion of the aforementioned sum has been paid, although duly demanded.
6. CAUSE OF ACTION NUMBER TWO:
Plaintiffrepeats each allegatian contained in parâgraphs 1 through 5, inclusive.
7. An account was taken and stated showing a balance of $ 4483.15 due and owing to Plaintiffby Defendent(s), no part of
which has been paid, although duly desiäñded, which Defendant(s) did not object to.
Plaintiffexpressly disclaims any right to attorneyfees thatitmay have.
Total amount credited since chargeoff: $ 100.00
WHEREFORE Plaintiffdemands judgment against Defendant(s) in the sum of $ 4483.15 on the firstcause of action;
the sum of$ 4483.15 on the second cause of action; together with statutory costsand disbursements.
DATED: May 18, 2021
Westbury, New York
Adam Hughes, lasTem'p
YOURS, etc.
MALEN & ASSOCIATES, p.c.
Attorneys forPlaintiff This isan attempt to collecta debt. Any information obtained willbe
123 Frost Street,Suite 203 used for thatpurpose. We are a Debt Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5910
New York City Department of Consumer AffairsLicense: 2046078-DCA
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FILED: BROOME COUNTY CLERK 06/11/2021 02:54 PM INDEX NO. EFCA2021001434
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BROOME
____-____________________-_____
CAPITAL ONE BANK (USA), N.A. File No. 0808B 395616
Plaintiff
-against-
GERILYN LINDSEY 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) attorneys 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 c-filing. For additional information about electronic filing, including
access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/ctile
or contact the NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
Dated: May 18, 202L
C
Adam Hughes, Esq., ic leton, Esq.
MALEN & ASSOCIATES, P.C.
123 Frost Street
Westbury, NY 11590
516.334.3500
To: GERILYN LINDSEY
2218 FARM TO MARKET RD
JOHNSON CITY NY 13790-4508
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: BROOME COUNTY CLERK 06/11/2021 02:54 PM INDEX NO. EFCA2021001434
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
---------------------------------------X
CAPITAL ONE BANK (USA), N.A.
Plaintiff,
FILE NO: 0808B 395616
-against- AFFIDAVIT OF
INVESTIGATOR
GERILYN LINDSEY NON-MILITARY STATUS
Defendant(s).
---------------------------------------X
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned being 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 service:
.____ .
GERILYN LINDSEY
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 Ts 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 com-mullicated 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 Plaintiff is file. In response to my
inquiry it was confirmed on 05/18/21 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 branch the military serv e at the
present time.
Maiy T
Sworn to befo me on
â„¢
EPHANIE PHILPS
Notary Public,State of New York
No. 01PH6205020
Qualified in Nassau County
Commission expires May 4, 2025
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FILED: BROOME COUNTY CLERK 06/11/2021 02:54 PM INDEX NO. EFCA2021001434
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
Ra""5'S°'*¹=2==
Department of Dêfêñsê Mañpower Data Center
SCRA5D
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-8919
Birth Date:
Last Name: LINDSEY
First Name: GERILYN
Middle Name:
Status As Of: May-18-2021
Certificate ID: KVJGOZ50BCODNDM
On}WWeDutyOnActiveDutyStatusDate
AclheDutyStart
Dale : . DutyEndData
. Actïwe . 5tal . . . Service
Component
NA NA . . No NA
resects
Thisresponse individuals'
111e ontheActiveOutyStatusDate
actyedutystatusbased
ActiveDutyStartData . ActiveDutyEndDate .. . SIdue . Servico
Cornpunent
NA NA
... . No NA
TInsrespen re ectswhereWad
± 367dayspieceding
leftactwedutystatuswi1Nn theAcÃœve
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orHislHer
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ofa Futura
StartDate
OlderNodhcanon OrderNotiW_mm r>ate . Status. .. . . Service
Component
NA NA . . . . . No NA
Ttusresponse
renects
whether orNs/hertruthasreceived
theandwidual toreportloractiveduly
earlynolitication
Upon search!ng the data banks of the DêpME-
* of Defense Manpower Data Center
based on the himmibnthat you provided, the above is the status of
the individual on the active duty status date as to all branches of the IIn!forriau
Services (Army, Navy, Marine Corps, Air Force, NOAA, PubHeHealth, and
Coast Guard).
This status includes information on a Ser=!Å“member or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
File #: 395616
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FILED: BROOME COUNTY CLERK 06/11/2021 02:54 PM INDEX NO. EFCA2021001434
-- Page 1 of 4
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/11/2021
Platinum MasterCard Account Ending in 3380
Aug. 17,2020 - Sep. 16,
2020 I 31 days in Billing
Cycle
. Payment IfiforlTlation
Payment Due Date For online
and phone payments Previous Balance $4,593.34
the deadline
is 8prnET.
P ST DA E Payments $100 00
New Balance Minimum Payment Due Other Credits $0.00
$4,583.15 $4,583.15 Transactions + $0.00
UPDATES· Cash Advances + $0.00
IMPORTANT ACCOUNT
es aged + $0.00
Your full
balanceis due. Any payment
you make willreduce your balance
and helppay off your debt
faster.
The amount you owe may differ
if
InterestCharged + $89.81
you'veenteredintoa separatepayrnentagreement.
New Balance = $4,583.15
Available Credit (as ofSep. 16, 2020) N/A
d
..
300079
Account Notifications
G) may contact
New York residents the New York StateDepartrnent
of
Hnancial to obtain
Services a cc,mpâiative of credit
listing card rates,
fees,and graceperiods.
Contact theNew York StateDepartrnentof
Financial 1-877-226-5697
Services: or www.dfs.ny.gov.
on our
Pay or manage your account mobile app or atwww capitalone.com. Customer Service:
1-800-258-9319 See reverse for
Important!±±n
Pleasesendusthis portionof yourstatementand onlyonecheck(orone moneyorder)to
ensureyourpaymentisprocessedpromptly.Allowat leastsevenbusinessdaysfordelivery. 400030
Payment Due Date:Past Due Account Ending in 3380
New Balance Minimum Payment Due Arnount Enclosed
$4,583.15 $4,583.15 $
GERILYN LINDSEY
2218 FARM TO MARKET RD
JOHNSON CITY, NY 13790-Li508 Capital One
P.0- Box 6492
inÃŽ Carol Stream, IL 60197-649P
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