Preview
FILED: SARATOGA COUNTY CLERK 08/27/2021 03:23 PM INDEX NO. EF20212601
NYSCEFSUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK Index No. RECEIVED NYSCEF: 08/27/2021
COUNTY OF SARATOGA Date Filed: ________________
----------------------------------------
BANK OF AMERICA, N.A.
SUMMONS (ORIGINAL)
Plaintiff
-against-
ANDREW R SWEENEY The basis of venue is:
DEFENDANT'S RESIDENCE
Defendant(s) Plaintiff's Residence:
---------------------------------------- 100 NORTH TRYON STREET
CHARLOTTE, NC 28202
CONSUMER CREDIT TRANSACTION County of MECKLENBURG
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, if the complaint is not served with this summons
to serve a notice of appearance, on the Plaintiff's Attorney(s) within
TWENTY days after the service of this summons, exclusive of the day of
service (or within THIRTY days after 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, judgment will be taken
against you by default for the relief demanded herein.
Dated: Islandia, New York
AUGUST 25, 2021 RUBIN & ROTHMAN, LLC
Attorneys for Plaintiff
1787 Veterans Highway
Islandia, N.Y. 11749
(631) 234-1500
DEFENDANT(S) ADDRESS:
ANDREW R SWEENEY
179 LAKE AVE APT 3 SARATOGA SPRINGS, NY 12866-2530
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
Our File No. 1406422 Y 7 0- 0 T SZK 000
000006110285
1 of 3
*000006110285*
FILED: SARATOGA COUNTY CLERK 08/27/2021 03:23 PM INDEX NO. EF20212601
NYSCEFSUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 08/27/2021
COUNTY OF SARATOGA Index No.
----------------------------------------
BANK OF AMERICA, N.A.
Plaintiff
-against- COMPLAINT (ORIGINAL)
ANDREW R SWEENEY
Defendant(s)
----------------------------------------
Plaintiff, by its attorneys, complaining of the defendant(s), alleges:
AS AND FOR A FIRST CAUSE OF ACTION
1. Defendant(s) resides in the county in which this action is brought;
or transacted business in the county in which this action is brought
in person or through an agent, or this cause of action arose out of
said transaction. Plaintiff is not required to be licensed by the
NYC Dept of Consumer Affairs because it is the original creditor.
2. Plaintiff is a national banking association.
3. Bank of America, N.A. ("BANA") is a wholly-owned subsidiary of Bank of
America Corporation and the successor-in-interest to FIA Card Services,
N.A., formerly known as MBNA America Bank, N.A. ("FIA"). FIA was merged
into and under the charter and title of BANA effective October 1, 2014.
4. Defendant(s) maintained a credit account with the plaintiff and agreed
to make payments for goods and services charged, balance transfers
and/or cash advances made upon such account.
5. Defendant(s) failed to make the payments due pursuant to such agreement,
and $ 2,931.01 is now due and owing to plaintiff from defendant(s).
WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of
$ 2,931.01 and the costs and disbursements of this action.
RUBIN & ROTHMAN, LLC
AUGUST 25, 2021 Attorneys for Plaintiff
1787 Veterans Highway
Islandia, NY 11749
(631) 234-1500
Deponent is an attorney associated with Rubin & Rothman, LLC. To the best
of deponent's knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, the summons and complaint or the
contentions therein are not frivolous as defined in section 130-1.1(c)
of the Rules of the Chief Adm. and the matter was not obtained through
illegal conduct or in violation of 22 NYCRR 1200, Rule 4.5.
Dated: AUGUST 25, 2021 ______________________
JOSEPH LATONA
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
Our File No. 1406422 X 8 0- 0 T SZK 000
000006110285
2 of 3
*000006110285*
FILED: SARATOGA COUNTY CLERK 08/27/2021 03:23 PM INDEX NO. EF20212601
NYSCEFSUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 08/27/2021
COUNTY OF SARATOGA
----------------------------------------
BANK OF AMERICA, N.A.
Plaintiff
-against- Index No.
ANDREW R SWEENEY
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 docu-
ments, 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 informa-
tion 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: Islandia, New York
AUGUST 25, 2021
____________________ RUBIN & ROTHMAN, LLC
JOSEPH LATONA 1787 VETERANS HIGHWAY
RUBIN & ROTHMAN, LLC ISLANDIA, NY 11749
(631) 234-1500
NYDOCS@RUBINROTHMAN.COM
To: ANDREW R SWEENEY
179 LAKE AVE APT 3
SARATOGA SPRINGS, NY 12866-2530
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
Our File No. 1406422 X 9 0- 0 T SZK 000
000006110285
3 of 3
*000006110285*
Preview
FILED: SARATOGA COUNTY CLERK 08/27/2021 03:23 PM INDEX NO. EF20212601 NYSCEFSUPREME DOC. NO.COURT 1 OF THE STATE OF NEW YORK Index No. RECEIVED NYSCEF: 08/27/2021 COUNTY OF SARATOGA Date Filed: ________________ ---------------------------------------- BANK OF AMERICA, N.A. SUMMONS (ORIGINAL) Plaintiff -against- ANDREW R SWEENEY The basis of venue is: DEFENDANT'S RESIDENCE Defendant(s) Plaintiff's Residence: ---------------------------------------- 100 NORTH TRYON STREET CHARLOTTE, NC 28202 CONSUMER CREDIT TRANSACTION County of MECKLENBURG 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, if the complaint is not served with this summons to serve a notice of appearance, on the Plaintiff's Attorney(s) within TWENTY days after the service of this summons, exclusive of the day of service (or within THIRTY days after 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, judgment will be taken against you by default for the relief demanded herein. Dated: Islandia, New York AUGUST 25, 2021 RUBIN & ROTHMAN, LLC Attorneys for Plaintiff 1787 Veterans Highway Islandia, N.Y. 11749 (631) 234-1500 DEFENDANT(S) ADDRESS: ANDREW R SWEENEY 179 LAKE AVE APT 3 SARATOGA SPRINGS, NY 12866-2530 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2045512 Our File No. 1406422 Y 7 0- 0 T SZK 000 000006110285 1 of 3 *000006110285* FILED: SARATOGA COUNTY CLERK 08/27/2021 03:23 PM INDEX NO. EF20212601 NYSCEFSUPREME DOC. NO.COURT 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 08/27/2021 COUNTY OF SARATOGA Index No. ---------------------------------------- BANK OF AMERICA, N.A. Plaintiff -against- COMPLAINT (ORIGINAL) ANDREW R SWEENEY Defendant(s) ---------------------------------------- Plaintiff, by its attorneys, complaining of the defendant(s), alleges: AS AND FOR A FIRST CAUSE OF ACTION 1. Defendant(s) resides in the county in which this action is brought; or transacted business in the county in which this action is brought in person or through an agent, or this cause of action arose out of said transaction. Plaintiff is not required to be licensed by the NYC Dept of Consumer Affairs because it is the original creditor. 2. Plaintiff is a national banking association. 3. Bank of America, N.A. ("BANA") is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. ("FIA"). FIA was merged into and under the charter and title of BANA effective October 1, 2014. 4. Defendant(s) maintained a credit account with the plaintiff and agreed to make payments for goods and services charged, balance transfers and/or cash advances made upon such account. 5. Defendant(s) failed to make the payments due pursuant to such agreement, and $ 2,931.01 is now due and owing to plaintiff from defendant(s). WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of $ 2,931.01 and the costs and disbursements of this action. RUBIN & ROTHMAN, LLC AUGUST 25, 2021 Attorneys for Plaintiff 1787 Veterans Highway Islandia, NY 11749 (631) 234-1500 Deponent is an attorney associated with Rubin & Rothman, LLC. To the best of deponent's knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the summons and complaint or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Rules of the Chief Adm. and the matter was not obtained through illegal conduct or in violation of 22 NYCRR 1200, Rule 4.5. Dated: AUGUST 25, 2021 ______________________ JOSEPH LATONA WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2045512 Our File No. 1406422 X 8 0- 0 T SZK 000 000006110285 2 of 3 *000006110285* FILED: SARATOGA COUNTY CLERK 08/27/2021 03:23 PM INDEX NO. EF20212601 NYSCEFSUPREME DOC. NO.COURT 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 08/27/2021 COUNTY OF SARATOGA ---------------------------------------- BANK OF AMERICA, N.A. Plaintiff -against- Index No. ANDREW R SWEENEY 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 docu- ments, 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 informa- tion 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: Islandia, New York AUGUST 25, 2021 ____________________ RUBIN & ROTHMAN, LLC JOSEPH LATONA 1787 VETERANS HIGHWAY RUBIN & ROTHMAN, LLC ISLANDIA, NY 11749 (631) 234-1500 NYDOCS@RUBINROTHMAN.COM To: ANDREW R SWEENEY 179 LAKE AVE APT 3 SARATOGA SPRINGS, NY 12866-2530 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2045512 Our File No. 1406422 X 9 0- 0 T SZK 000 000006110285 3 of 3 *000006110285*