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  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Capital One, N.A. v. Paul DykemanOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: YATES COUNTY CLERK 09/28/2021 02:52 PM INDEX NO. 2021-5250 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/28/2021 Prog Index No: _- Date Filed: CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK 0808B 398511 COUNTY OF YATES Clt Acet: XXXXXXXXXXXX0330 ________..-_____________..--___________.·--------X CAPITAL ONE, 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 YATES The transaction took place out of state. PAUL DYKEMAN Defendant(s) ________________________.._____ -- ,X 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 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 ofNew York); and in case of your failure to appear or answer, judgersent will be taken against you by default for the relief demanded in the complaint. Sep 15, 2021 Defendant's address: PAUL DYKEMAN 229 E ELM ST PENN YAN NY 14527-1360 Attorney(s) for Plaintiff Malen & Associates, p.c. 123 Frost Street, Suite 203 C Westbury, NY 11590 (516) 334-3500 EXt: 5939 Adam Hughes,QSicholas Tem New York City Department of Consumer Affairs License: 2046078-DCA Upon your failure to appear, judgment will be taken against you by default for the sum of $ 2863.02 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: YATES COUNTY CLERK 09/28/2021 02:52 PM INDEX NO. 2021-5250 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/28/2021 SUPREME COURT OF THE STATE OF NEW YORK INDEX #: COUNTY OF YATES -----------------------------------X OUR FILE #: 0808B -398511 CAPITAL ONE, N.A. Plaintiff, COMPLAINT -against- PAUL DYKEMAN Plaintiffs Address: Defendant(s) 1680 Capital One Drive ---------------------------------------X McLean VA 22102 PLAINTIFF BY ITS ATTORNEYS, MALEN & ASSOCIATES, P.C. COMPLAINING OF the Defendant(s), allege(s) upon information and belief: 1. Plaintiff is a National Banking Association. Upon information and belief Plaintiff is not required to be licensed by the New York City Department of Consumer Affairs. 2. Defendant PAUL DYKEMAN resides or has its principal place of business at: 229 E ELM ST PENN YAN NY 14527-1360 3. Upon Information and belief the transaction of'ûüsiñess occurred within YATES County. 4. CAUSE OF ACTION NUMBER ONE: Defendant(s) executed an agreemcat wherein Plaintiff agreed to extend credit or cash advance on a revolving basis which credit or advance was to be paid in monthly installments. There remains due and owing the sum of $2863.02. Account number ending in: XXXXXXXXXXXX0330 Card Type: WALMART REWARDS CARD 5. That no portion of the aforcmcaticñed sum has been paid, although duly demanded. 6. CAUSE OF ACTION NUMBER TWO: Plaintiff repeats each allegation contained in paragraphs 1 through 5, inclusive. 7. An account was taken and stated showing a balance of $ 2863.02 due and owing to Plaintiff by Defeñdañt(s), no part of which has been paid, although duly demanded, which Defendent(s) did not object to. Plaintiff expressly disclaims any right to attorney fees that it may have. WHEREFORE Plaintiff demands judgment against Defendant(s) in the sum of $ 2863.02 on the first cause of action; the sum of $ 2863.02 on the second cause of action; together with statatcIy costs and disbursements. DATED: Sep 15, 2021 Westbury, New York Adam Hughes, icholas Templeton ) YOURS, etc. MALEN & ASSOCIATES, p.c. Attorneys for Plaintiff This is an attempt to collect a debt. Any information obtained will be 123 Frost Street, Suite 203 used for that purpose. We are a Debt Collector. Westbury, N.Y. 11590 (5 I 6) 334-3500 Extension: 5939 New York City Department of Consumer Affairs License: 2046078-DCA 2 of 6 FILED: YATES COUNTY CLERK 09/28/2021 02:52 PM INDEX NO. 2021-5250 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/28/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES __________________________ CAPITAL ONE, N.A. File No. 0808B 398511 Plaintiff -against- PAUL DYKEMAN 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 roprosented 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: Sep 20, 2021 Adam Hughes, Esq., Nicholas Templeton, Esq. MALEN & ASSOCIATES, P.C. 123 Frost Street Westbury, NY 11590 516.334.3500 To: PAUL DYKEMAN 229 E ELM ST PENN YAN NY 14527-1360 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: YATES COUNTY CLERK 09/28/2021 02:52 PM INDEX NO. 2021-5250 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/28/2021 ---------------------------------------X CAPITAL ONE, N.A. Plaintiff, FILE NO: 0808B 398511 -against- AFFIDAVIT OF INVESTIGATOR PAUL DYKEMAN 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: PAUL DYKEMAN 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 UniLed StaLes 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 1 provided them 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 09/15/21 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 branc the military service at the present time. Mary Joy Sprirfgma Sworn to befo e me on af f inonmil mary j oy O9/15/21 NOTARY STEPHANIE PHILPS Public,State of New York Notary No. 01PH6205020 Qualified in Nassau County expires 4, 2025 Gommission May 4 of 6 FILED: YATES COUNTY CLERK 09/28/2021 02:52 PM INDEX NO. 2021-5250 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/28/2021 Departmêñt of Defense Resuhs asof: 60p4202M27 27AM Manpower Data Center SCRA5.9 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-5410 Birth Date: Last Name: DYKEMAN First Name: PAUL Middle Name: Status As Of: Sep-15-2021 Certificate ID: VTWH8R9RCCM9JC1 . . . .. . . . . .. . . . . OriActiveDulyOnActiveDutyStatus Date ActiveDutyShiftDate AcGveDutyEndDate Status Service Component NA NA No NA Thisresponse theindividuals' reflects achvedutystatusbasedontheActveDutyStalusDate .. LeftActiveDutyWithin307DaysofAchwe DutySlatusData AchveDulyS1nitDate Achwa DutyEndDate Status Servico Component Thisresponse re ectswherethemdMdual lehac1we theActiveDutystatusDate dutystatuswithin367dayspreceding IheMember orElis/Her ofa Future UnitWasNolitied C--vg -ye DutyonActiveDutySlotusDate orderNoUlicehon StartDale OrderNoUrmUon EU Dale . Status . Componen Service NA NA No NA Tlusresponse reIHmts whether U-, emiynotire-iaaMaa ncrhis/herunthasrecewed foractiveduly Upon searching the data banks of the r. .÷-ni of Defense Manpower Data center, based on the !±±r 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). Ihls status Includes !nfarmannn on a Seru!cemember or his/her unit receiving net!!!c=aen of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 File #: 398511 5 of 6 FILED: YATES COUNTY CLERK 09/28/2021 02:52 PM INDEX NO. 2021-5250 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/28/2021 can WalmarD walmartPow=e= Card Account Ending n 0330 Feb. 17, 2021 - Mar. 19, 2021 I 31 days in Billing Cycle Payment Due Date For online and phone payments, Previous Balance $2,807.89 the deadline is 8pm ET. ST DA UP E Payments $0.00 New Balance $2,863.02 $2 863.02 Transactions + $0.00 IMPORTANT ACCOUNT UPDATES: Quick Cash + $0.00 Your full balance is due. Any payment you make will reduce your balance Fees Charged + $0.00 and help pay off your debt faster. The amount you owe may differ if you've entered into a separate payment agreement. Interest Charged + $55.13 New Balance = $2,863.02 Available Credit (as of Mar. 19, 2021) N/A 300079 Cap Account Notifications New York residents may contact the New York State Department of Financial Services to obtain a comperative listingof credit card rates, fees, and grace periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or mmdfs.ny.gov. Pay or manage your account at www.capitalone.com Customer Service: 1-800-258-9319 See reverse for !mpedent |,,‡mst|s , caps 4°°°³° WalmarD|t PAUL DYKEMAN 229 E ELM ST PENN YAN, NY 14527-1360 lli|pi||g|r j•ij!!!! j:¡:! : ! n I gin pilillig|gil Payment Due Date: Past Due Account Ending in 0330 New Balance M diTiüm Payment Due Amount Enclosed Capital One $2,863.02 $2,863.02 $ ;°;"st,4a°°®L60197-4069 Ig[ll |jlilgllililijug|ligligginn|li|j|lg|g[igl!-:!!; " '!.. Pleasesend us this portion of your statementand only one check (or one moneyorder) payableto Capital Oneto ensureyourpaymentis processedpromptly.Allowat leastsevenbusinessdaysfordelivery, 6 of 6