Preview
FILED: WARREN COUNTY CLERK 08/16/2021 12:19 PM INDEX NO. EF2021-69361
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
Prog
Index No:
Date Filed:
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK 0808B 397785
COUNTY OF WARREN Clt Acet: XXXXXXXXXXXX6362
--- -----------------------x
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 WARREN
The transaction took place out of state.
RONALD GOODSPEED
Defendant(s)
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,
if the 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 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.
Aug 4, 2021
Defendant's address:
RONALD GOODSPEED
2383 RIDGE RD
QUEENSBURY NY 12804-6968
Attorney(s) for Plaintiff
Malen & Associates, p.c.
123 Frost Street, Suite 203
Westbury, NY 11590
(516) 334-3500 Ext: 5906 dam Hughe N cholas Tem eton
New York Department of Consut icense: 2046078- CA
City
Upon your failure to appear, judgment will be taken against you by default for the sum of $ 4047.26
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: WARREN COUNTY CLERK 08/16/2021 12:19 PM INDEX NO. EF2021-69361
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
SUPREME COURT OF THE STATE OF NEW YORK INDEX #:
COUNTY OF WARREN
-----------------------------------X OUR FILE #: 0808B -397785
CAPITAL ONE BANK (USA), N.A.
Plaintiff, COMPLAINT
-against-
RONALD GOODSPEED
PlaintiffsAddress:
Defendant(s) 15000 Capital One Dr.
------------------------ ---X Richmond VA 23238
PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defêñdant(s),
allege(s) upon information and belief:
1. Plaintiff
isa National Banking Association.
Upon inferrñaticñ and beliefPlaintiffis notrequired to be licensedby the New York City Department of
Consumer Affairs.
2. Defendant RONALD GOODSPEED resides or has itsprincipalplace of
business at:2383 RIDGE RD QUEENSBURY NY 12804-6968
3. Upon Information and belief the transactioñ of business occurred within WARREN County.
4. CAUSE OF ACTION NUMBER ONE:
Defendent(s) executed an agreement wherein Plaintiffagreed to extend credit or cash advance on a revolving basis which
credit oradvance was tobe paid inmonthly installmenm There remains due and owing the sum of $4047.26.
Account number ending in:XXXXXXXXXXXX6362 Card Type: PLATINUM
5. That no portion of the aforersenticaed sum has been paid, although demendM
duly
6. CAUSE OF ACTION NUMBER TWO:
Plaintiffrepeats each allegation contained in paragraphs 1 through 5, inclusive.
7. An account was taken and statedshowing a balance of $ 4047.26 due and owing to Plaintiffby Defendant(s), no part of
which has been paid, although duly demanded, which Defendant(s) did not object to.
Plaintiffexpressly disclaims any right to attorney fees thatitmay have.
WHEREFORE Plaintiffdemands judgment againstDefendant(s) in the sum of $ 4047.26 on the firstcause of action;
the sum of $ 4047.26 on the second cause of action;together with statutory costsand disbursersents.
DATED: Aug 4, 2021
Westbury, New Y ork //
Afam Hugites, lflolas Templeh n
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 that purpose. We area Debt Collector.
Westbury, N.Y. 11590
(516) 334-3500 Extension: 5906
New York City Departiñeñt of Consumer Affairs License: 2046078-DCA
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FILED: WARREN COUNTY CLERK 08/16/2021 12:19 PM INDEX NO. EF2021-69361
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN
..-_______________..__._________......_______
CAPITAL ONE BANK (USA), N.A. File No. 0808B 397785
Plaintiff
-against-
RONALD GOODSPEED 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 allemployees)
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: Aug 4, 2021
-"
am Hughes s ., ~diolas Temple n, Esq.
ALEN SOCIATES, P.C.
Street
Westbury, NY 11590
516.334.3500
To: RONALD GOODSPEED
2383 RIDGE RD
QUEENSBURY NY 12804-6968
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: WARREN COUNTY CLERK 08/16/2021 12:19 PM INDEX NO. EF2021-69361
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
---------------------------------------X
CAPITAL ONE BANK (USA), N.A.
Plaintiff,
FILE NO: 0808B 397785
-against- AFFIDAVIT OF
INVESTICATOR
RONALD GOODSPEED 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:
RONALD GOODSPEED
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 wherein I piovided Lhem 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's file. In response to my
inquiry it was confirmed on 08/03/21 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 br h o th y service t the
presenL Lime.
Mary Joy pr
Sworn to before me on
Notary Public
aen-n EMoy 08/O3/21 Public,State of New York
Notary
Demetra D. Rornanelli NOTARY
Qualified in Nassau County
No. 01R06402110
Commission Expires Dec.23,2023
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FILED: WARREN COUNTY CLERK 08/16/2021 12:19 PM INDEX NO. EF2021-69361
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
Resuns
aso0 Aug42021 0623AM
Department of Defense Mañpovver Data Center
SCRA5.8
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9664
Birth Date:
Last Name: GOODSPEED
First Name: RONALD
Middle Name:
Status As Of: Aug-03-2021
Certificate ID: MCGNTW1LROZWTRS
OnActiveDutyOnActiveDutyStatusDate
ActwoDutyStartDate ActNeDutyEndDate StetUS Service
Component
NA NA No NA
reflectsthemdividuals'
ThisreSp00Se activedutystatus SÑontheActiveDuty$tatusDate
LeftActiveDutyWdhin367DaysofActiveDutyStatusDa
AdiveDutySiartDate AchveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse whom" --
ratincts -'- ?_31Isttactive
dutystatuswittun367daysproceding
theAo&ve
DutyStatusDate
TheMember
orHui/Her
UnitWasNobfied
ofa FutureCaB-Up
toActiveDutyonActiveDutyStatusDate
OrderNohficanon
StartDate OrderNotfic-"a-E-J Date Status Service
Component
Thn araaaremt t
whether
theindividual
orhis/herunithasreceived
earlynotification
toreportforactNeduty
Upon scarching the data banks of the Department of Defense Manpower Data Center, based on the id~md=
that you provided, the above Is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard).
This status includes ! f:r:2::
on a Servicememberor his/her unit receiving ne!Mcedon of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
40D Giglirig Rd.
Seaside, CA93955
File #: 397785
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FILED: WARREN COUNTY CLERK 08/16/2021 12:19 PM INDEX NO. EF2021-69361
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
Page 1 of 2
Secured Card I PlatinumMastercard ending in 6362
2021 - Jun 03,2021 I31 days in Billing
Cycle
May 04,
*
. a . u A us t S a
Payment Due Date For online
and phone payments,the Previous Balance $3,986.16
deadlineis 8pm ET.
PAST DUE Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$4,047.26 $4,047.26 I Transactions + $0.00
IMPORTANT: Your accounthas chargedoff andis now serviced
by the Cash Advances + $0.00
Recoveriesdepartment at1-800-258-9319. Your full
balanceis due.
Any
payment you make willreduceyour balanceand helppay off your debt Fees Charged + $0.00
faster.
The amount you owe may differ
if you've
enteredintoa separate
payment agreement. InterestCharged + $61.10
New Balance = $4,047.26
AvailableCredit (asof Jun 03, 2021) N/A
Account Notifications
New York residents
may contactthe New York StateDepartmeiitof Financial
Servicesto obtain
a competh'e of credit
listing card and grace
rates, fees,
periods.
Contact theNew York StateDepartment of Financial
Services:
I-877-226-5697 or www.dfs.ny.gov.
Pay or manage your account
at capitalone.com Customer Service:1-800-227-4825 See reverse for
important
Information
Caps
HONALD GOODSPEED
2383 RIDGE RD
QUEENSBURY, NY 12804-6968
plupj..
Igglgil[pIppli|||ig|l .
II|ll|||gnglg|pgggp
Payment Due Date: Past Due Account ending in 6362
New Balance Minimum Payment Due Amount Enclosed CapitalOne
$4,047,26 $4,047.26 $ ;°à Bsotan L 60197-6492
l"
Pleasesendus this portionof yourstatementandonlyonecheck(arone moneyorder)payableto CapitatOne 'l'l" 'liii 'l'l"I"
I I "'I I
teensure yourpaymentis processedpromptly.Allowat least sevenbusinessda
or delivery.
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