arrow left
arrow right
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Gerilyn LindseyOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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 Teriípleto 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. 1 of 6 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 2 of 6 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 3 of 6 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 ™ EPHANIE PHILPS Notary Public,State of New York No. 01PH6205020 Qualified in Nassau County Commission expires May 4, 2025 4 of 6 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 theAcÜve DutystalusDole orHislHer TheMember OnitWasNob5ad Call-uptoActiveDutyonActiveDutyStatusDate 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=!œmember 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 5 of 6 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 inÎ Carol Stream, IL 60197-649P 6 of 6