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  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One Bank (Usa), N.A. v. Kimberly M BerlinOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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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 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. 1 of 6 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 2 of 6 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 3 of 6 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 4 of 6 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 5 of 6 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 6 of 6