Preview
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.
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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
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
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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
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
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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
---------------------------------------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
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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
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
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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
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,
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