Preview
FILED: TIOGA COUNTY CLERK 07/22/2021 03:30 PM INDEX NO. 2021-00062079
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
Prog
Index No:
Date Filed
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK 0808B 395054
COUNTY OF TIOGA Clt Acet: XXXXXXXXXXXX7744
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 TIOGA
The transaction took place out of state.
KIMBERLY M BERLIN
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 Plaintiffs 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.
Jun 23, 2021
Defendant's address:
KIMBERLY M BERLIN
E14 POST TRAILER 44
APALACHIN NY 13732-4415
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203
Westbury, NY 11590
(516) 334-3500 Ext: 5926 Adam Hu , s Te leton
New York Department of Con r Aff License: 2046078- CA
City
Upon your failure to appear, judgment will be taken against you by default for the sum of $ 3957.22
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: TIOGA COUNTY CLERK 07/22/2021 03:30 PM INDEX NO. 2021-00062079
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF TIOGA
-----------------------------------X OUR FILE #: 0808B -395054
CAPITAL ONE BANK (USA), N.A.
Plaintiff, COMPLAINT
-against-
KIMBERLY M BERLIN
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 information and beliefPlaintiffis notrequired to be licensedby the New York City Department of
Consumer Affairs.
2. Defendant KIMBERLY M BERLIN resides or has itsprincipalplace of
business at:E14 POST TRAILER 44 APALACHIN NY 13732-4415
3. Upon Information and belief the tranwetion of business occurred within TIOGA County.
4. CAUSE OF ACTION NUMBER ONE:
Defeedsñt(s) executed an agrccmcat wherein Plaintiffagreed to extend creditor cash advance on a revolving basis which
credit oradvance was tobe paid in monthly installments. There remains due and owing the sum of$3957.22.
Account number ending in:XXXXXXXXXXXX7744 Card Type: PLATINUM
5. That no portion of the aforementioned sum has been paid, although duly dcm£ñded.
6. CAUSE OF ACTION NUMBER TWO:
Plaintiffrepeats each allegationcontained in paragraphs 1 through 5, inclusive.
7. An account was taken and stated showing a balance of $ 3957.22 due and owing to Plaintiffby Defanenr(s), no part of
which has been paid, although duly demended, which Defendant(s) did not object to.
Plaintiffexpicamly disclaims any right to attorney fees thatitmay have.
WHEREFORE Plaintiffdemands judgment against Defendant(s) in the sum of $ 3957.22 on the cause
first of action;
the sum of $ 3957.22 on the second cause of action; together with statstory costsand disbursements.
DATED: Jun 23, 2021
Westbury, New York
N'
dam Hughes, ÉÏlas Templeton
YOURS, etc.
MALEN & ASSOCIATES, p.c.
Attorneys for Plaintiff This isan attempt to collecta debt.Any information obtained will be
123 Frost Street,Suite 203 used for thatpurpose. We are a Debt Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5926
New York City Department of Consumer Affairs License: 2046078-DCA
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FILED: TIOGA COUNTY CLERK 07/22/2021 03:30 PM INDEX NO. 2021-00062079
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
___-_____________________________________..__
CAPITAL ONE BANK (USA), N.A. File No. 0808B 395054
Plaintiff
-against-
KIMBERLY M BERLIN 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 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: Jun 23, 2021
A Hughes q.,Ni6holas Temple n, Esq.
'
MA & OCIATES, P.C.
123 Frost Street
Westbury, NY 11590
516.334.3500
To: KIMBERLY M BERLIN
E14 POST TRAILER 44
APALACHIN NY 13732-4415
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: TIOGA COUNTY CLERK 07/22/2021 03:30 PM INDEX NO. 2021-00062079
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
---------------------------------------X
CAPITAL ONE BANK (USA), N.A.
Plaintiff,
FILE NO: 0808B 395054
-against- AFFIDAVIT OF
INVE5TIGATOR
KIMBERLY M BERLIN 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.
PlaiuLiff has aLLempLed Lo confirm if the following defendanL(s),
hereinafter known as "the Defendant(s)", are in the military service:
KIMBERLY M BERLIN
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 wheiein I provided Lhem w1Lh Lhe DefendanL(s) name(s), date(s)
of birth or social security number(s) which we know is accurate because
the information is contained in Plaintiff's file. In response to my
inquiry it was confirmed on 06/23/21 that the Defendant(s) were not in
any branch of the military service.
From the facts above set for) , I am convinced that the
Defendant(s) are not in any bra ch of the ilitary service at the
present time.
Mary a
Sworn to be re m on
af f inonmilmaryjoy 06/23/21
no
STEPHANIE PHILPS
Public,State of New York
Notary
01PH6205020
No.
Qualified in Nassau County
expires 4, 2025
Commission May
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FILED: TIOGA COUNTY CLERK 07/22/2021 03:30 PM INDEX NO. 2021-00062079
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
asd A23-202%23.18
Resuns AM
Department of Defense Manpswer Data Center
SCRA58
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9291
Birth Date:
Last Name: BERLIN
First Name: KIMBERLY
Middle Name: M
Status As Of: Jun-23-2021
Certificate ID: S2YXXS88WZ3VZYJ
OnAc0veDutyOnActiveDalyStatusDate
.
ActiveDutyStartDate AclueDutyEndDale . Status SemceComponent
NA NA . No . NA
Ihisresponse theindividuals'
reflects dutystatusbasedorttheActiveDutyStalusDale
achve
left ActiveDutyWithin367DaysofAt.tiveDutyStatusDate
ActtvaDutySimloate ActiveDutyEndDate Status Service
Component
No . NA
.......-
Thisresportso
reNects
wheretheindwidual
leItacitvedutystatuswithin367dayspreceding
theActiveDuty310111s
Dale
Themumimu.:|ä'HerUnitWasNoti1íW ac"" la.a.atam
Cali-Up D_ªyonActiveDutyStatusDate
OrderNoUfication
StartDale OujviiwiiiunissiEndDate Status SemceCamponent
NA . . No . NA
Thisresponse
tellects
whether
themdividuaF
orNs/herunithasrecewed toreportforactiveduty
emiynolilicaDon
Upon searching the data banks of the D;:-'m:nt Data Center, based on the ::::-s:2:-
of Defense unnnnwar that you provided, the above is the status of
the individual on the active duty status date as to alf branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard) an a Serurnarnamhar ar his/her unit receiving notiñcet!on of future orders to report for Active Duty
This status includes |n: --22:n
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
File#: 395054
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FILED: TIOGA COUNTY CLERK 07/22/2021 03:30 PM INDEX NO. 2021-00062079
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2021
Page 1 of 4
C Platinum MasterCard Account
I
Ending in7744
Jun.25, 2020 Jul.24, 2020 30 (fays in Billing
Cycle
Payment Information
PPaymentDue Date For online
and phone pãÿrnents, Previous Balance $3,883.46
--
the deadline
is 8pm ET.
Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$3,957.22 $3,957.22 Transactions +$0.00
UPDATES· Cash Advances + $0.00
IMPORTANT ACCOUNT
. . Fees Charged + $0.00
Your full
balance you make will
is due. Any payment reduce your balance
and helppay offyourdebtfaster.Thearnountyou owe if
may differ I
InterestCharged + $73.76
you'veentered payment
into a separate agreement. -------.-----·-----
New Balance = $3,957.22
Available Credit(as ofJul._24 2020)
300079
Account Notifications
(D New York residentsmay contactthe New York State
Depäitiiiéitt
of
FinancialServices to obtain
a c~"p?'?+½ of credit
listing cardrates,
fees,and grace periods.
Contactthe New York State
Departrnentof
FinancialServices:
1-877-226-5697 or www.dfs.ny.gov.
Pay or manage your account
on ourmobile app or atwww capitafonie.mm Customer Service:
1-800-258-9319 See reverse for
ImportantInformation
Pleasesendus this portionof yourstatementand onlyonecheck(oronemoneyorder)to
ensureyourpaymentis processedpromptly.Allowat leastsevenbusinessdaysfor delivery. 400030
Payment Due Date:Past Due Account Ending in 7744
New Balance Minimum Payment Due Amount Enclosed
$3,957.22 $3,957.22 $
KINBERLY M BERLIN
E14 POST TRAILER PARK LOT 44
APALACHIN, NY 13732-4415 Capital one
P.0. Box 6992
111Ï Carol Stream, IL 60197-h4'i2
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