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FILED: WARREN COUNTY CLERK 08/11/2021 05:40 PM INDEX NO. EF2021-69355
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
____________________________________________ Plaintiff designates WARREN as
County
DISCOVER BANK the place of trial;the defendant resides in
WARREN County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. D164826
ROBERT J AKLEY
DEFENDANT. SUMMONS
Plaintiffs address: C/O DISCOVER
PRODUCTS INC.
6500 NEW ALBANY ROAD EAST, NEW
ALBANY, OH 43054
The Basis of the Venue isDefendant's
Residence
CONSUMER CREDIT TRANSACTION
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, or, ifthe complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days afterthe service of this summons,
exclusive of the day of service (orwithin 30 days after the service iscomplete ifthis summons is
not personally delivered to you within the stateof New York); and in case of your failureto
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: August 10, 2021
Selip & Stylianou, LLP
Attorneys forplaintiff
P.O. Box 9004, 199 Crossways Park Dr.,Woodbury, NY 11797-9004
(516) 364-6006 ext. 8991; (866) 848-8975 ext.8991; TTY/TRS: (516) 422-8500
Refer to S&S File No. D164826
Defendant to be served: ROBERT J AKLEY, 117 RIVER ST, WARRENSBURG, NY 12885
This cens::kati6ñ is from a debt cellectGr and is an attempt to collect a debt. Any
information obtaiñêd will be used for that purpose.
By:
DAVID CO EN ESQ.
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FILED: WARREN COUNTY CLERK 08/11/2021 05:40 PM INDEX NO. EF2021-69355
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
DISCOVER BANK
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. D164826
ROBERT J AKLEY COMPLAINT
DEFENDANT.
________________________.
Plaintiff,by itsattorneys, coiiiplaiilliigof the Defendant(s), respectfully alleges that:
1. Plaintiffisa statechartered bank insured by the FDIC.
2. Upon information and belief,the Defendant(s) residesor has an officein thecounty in which
thisaction is brought,or theDefendant(s) transacted business within the county in which thisaction is
brought, eitherinperson or through an agent and the instantcause of action arose out ofsaid transaction.
3. Plaintiffisauthorized to bringthe lawsuit pursuant to New York State Banking Law §200
(4).
4. Based upon a reasonable inquiry,the Statute of Limitations forthe causes of actionasserted
hereinhas not expired.
FACTS
5. A creditaccount, account no. ending in 3710 (hereafter the "Account"), was opened in
Defendant's name, subjectto theterms and conditions provided, or made available in electronicformat, to
the Defendant (the "Agreement").
6. Defendant used the Account and incurred a balance.
7. Defendant breached the terms of theAgreement by failing to make the agreed-upon payments
when due.
8. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make
allthe requiredpayments. The balance currently due and owing is$3,003.76.
AS AND FOR A FIRST CAUSE OF ACTION
9. Plaintiff
repeats and realleges each and every allegationcontained inthe foregoing paragraphs
as ifmore fully setfor herein.
10. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all
payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$3,003.76, no part
of which has been paid despite due demand therefor.
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FILED: WARREN COUNTY CLERK 08/11/2021 05:40 PM INDEX NO. EF2021-69355
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2021
WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $3,003.76 together
with disbursements, with post-judgment interestto accrue thereon as authorized by law.
The undersigned attorney hereby certifies
that,to thebest of his/herknowledge, information, and belief,
formed afteran inquiry reasonable under the circumstances, the presentation of thewithin compkint and
the contentions therein are not frivolousas defined in part130-1.1(c) of therules of theChief
Administrator.
Dated: AUGUST 10, 2021
YOURS, ETC.
By:
DAVID COH ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext. 8991;
S&S File No. D164826
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FILED: WARREN COUNTY CLERK 08/11/2021 05:40 PM INDEX NO. EF2021-69355
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
____________________ _____________________________
DISCOVER BANK
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
ROBERT J AKLEY S&S FILE NO. D164826
DEFENDANT.
____________________ _____________________________
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing
of the accoilipailying documents with the County Clerk via the New York State Courts Electronic Filing
System ("NYSCEF"), 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.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. For additional information about electronic filing, and to
create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the
NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60
Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or
internet connection or that they lack (along with all employees subject to their direction) the operational
knowledge to comply with e-filing requirements; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: August 10, 2021
Selip & S ianou, LLP
By: DAVID COHEN ESQ., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: ROBERT J AKLEY, 117 RIVER ST, WARRENSBURG, NY 12885
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