Preview
FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF CHAUTAUQUA Date Filed:
CAPITAL ONE BANK (USA), N.A.
SUMMONS (ORIGINAL)
Plaintiff
-against-
KELLY E FRANK The basis of venue is:
DEFENDANT'S RESIDENCE
Defendant(s) Plaintiff's Residence:
4851 COX ROAD
GLEN ALLEN, VA 23060
CONSUMER CREDIT TRANSACTION County of HENRICO
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
DECEMBER 5, 2018 RUBIN & ROTHMAN, LLC
Attorneys for Plaintiff
1787 Veterans Highway
Islandia, N.Y. 11749
(631) 234-1500
DEFENDANT(S) ADDRESS:
KELLY E FRANK
2240 LAFAYETTE ST FALCONER, NY 14733-9652
WE ARE A±TisMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
No. 1260910 X 2 0- O U SZM 000
Our File
000005336433
1 of 4
FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018
SUPREME COURT OF THE STATE OF NEW YORK ACCT#: ************0521
COUNTY OF CHAUTAUQUA Index No.
CAPITAL ONE BANK (USA), N.A.
Plaintiff
-against- COMPLAINT (ORIGINAL)
KELLY E FRANK
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. Defendant(s) used a credit card issued by plaintiff and agreed to
make payments for goods and services charged and/or cash advances
made upon such card.
4. Defendant(s) failed to make the payments due pursuant to such agreement,
and $ 3,475.08 is now due and owing to plaintiff from defendant(s),
WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of
$ 3,475.08 and the costs and disbursements of this action.
Plaintiff waives any contractual attorney's fees that may be due
from defendant(s).
RUBIN & ROTHMAN, LLC
DECEMBER 5, 2018 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. -(c)
of the Rules of the Chief Adm. and the matter was not obtained through
illegal conduct or in violation of 22 NYCRR 1200.41-a (DR 7-111)
Dated: DECEMBER 5, 2018
C ELINE TIERNE
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
File No, 1260910 X 3 0- 0 U SZM 000
Our
000005336433
2 of 4
FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018
SUPREME COURT OF TH.E STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
CAPITAL ONE BANK (USA), N.A.
Plaintiff
-against- Index No.
KELLY E FRANK
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 court docu-
documents,
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
DECEMBER 5, 2018
/s RUBIN & ROTHMAN, LLC
JA ELINE TIERN 1787 VETERANS HIGHWAY
RUBIN Ec ROTHMAN, LLC ISLANDIA, NY 11749
(631) 234-1500
NYDOCS@RUBINROTHMAN.COM
To: KELLY E FRANK
2240 LAFAYETTE ST
FALCONER, NY 14733-9652
WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED NILL BE
USED FOR THAT PURPOSE, THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
NYC DCA LIC. 2045512
4 0- 0 U SZM 000
Our File No. 1260910 X
000005336433
3 of 4
FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018
SUPREME COURT OF THE STATE OF NEW YORK . . . Index- No ....
COUNTY OF CHAUTAUQUA D2tte Filed:
CAPITAL ONE BANK (USA) , N. A.
Plaintif f
. . -against-
KELLY E FRANK
Defendant (s)
REDACTION COVER PAGE
CHECK ALL THAT APPLY
O Tlledocument al containsno canGdemid persrmation
under 22 NYCRR 202 5(e)(as by the order specified
authorized below).
Thisdocument was previously
Aled R RDACTED.
Date
Thisdocumeni was previoushtiledDN-REDACTED.
Date
O The document filed
seeks a remedyunder 22 NYCRR 202.5teX2)
O The document tiled
sceks a remedy
under 22 NYCRR 202 5(ep)
O Additoud information:
. .
There is a previoásl¼
filedorderof the Coùrtregarding thisdocument:
Date of order:
Date orderBed:
Other mformolian
identifymg for such order.
. . The order ohhe Court filed
is being withthe redaded Tu!n¼edacteddocunen yes/ •
Date of order
O Other information
identifying forsuch order:
SigsatureoffUer: . .
PrintName: ACOLIELM-TXERNÉY
Counsel appearingfor: CARITAL _B USA N A
Fikr is Unrepresented
/ Prose es • no
12 /05/2018 . . . .
RJ DSi V0326)5
12 60910 000005336433
4 of 4
Preview
FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF CHAUTAUQUA Date Filed: CAPITAL ONE BANK (USA), N.A. SUMMONS (ORIGINAL) Plaintiff -against- KELLY E FRANK The basis of venue is: DEFENDANT'S RESIDENCE Defendant(s) Plaintiff's Residence: 4851 COX ROAD GLEN ALLEN, VA 23060 CONSUMER CREDIT TRANSACTION County of HENRICO 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 DECEMBER 5, 2018 RUBIN & ROTHMAN, LLC Attorneys for Plaintiff 1787 Veterans Highway Islandia, N.Y. 11749 (631) 234-1500 DEFENDANT(S) ADDRESS: KELLY E FRANK 2240 LAFAYETTE ST FALCONER, NY 14733-9652 WE ARE A±TisMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2045512 No. 1260910 X 2 0- O U SZM 000 Our File 000005336433 1 of 4 FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018 SUPREME COURT OF THE STATE OF NEW YORK ACCT#: ************0521 COUNTY OF CHAUTAUQUA Index No. CAPITAL ONE BANK (USA), N.A. Plaintiff -against- COMPLAINT (ORIGINAL) KELLY E FRANK 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. Defendant(s) used a credit card issued by plaintiff and agreed to make payments for goods and services charged and/or cash advances made upon such card. 4. Defendant(s) failed to make the payments due pursuant to such agreement, and $ 3,475.08 is now due and owing to plaintiff from defendant(s), WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of $ 3,475.08 and the costs and disbursements of this action. Plaintiff waives any contractual attorney's fees that may be due from defendant(s). RUBIN & ROTHMAN, LLC DECEMBER 5, 2018 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. -(c) of the Rules of the Chief Adm. and the matter was not obtained through illegal conduct or in violation of 22 NYCRR 1200.41-a (DR 7-111) Dated: DECEMBER 5, 2018 C ELINE TIERNE 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 File No, 1260910 X 3 0- 0 U SZM 000 Our 000005336433 2 of 4 FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018 SUPREME COURT OF TH.E STATE OF NEW YORK COUNTY OF CHAUTAUQUA CAPITAL ONE BANK (USA), N.A. Plaintiff -against- Index No. KELLY E FRANK 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 court docu- documents, 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 DECEMBER 5, 2018 /s RUBIN & ROTHMAN, LLC JA ELINE TIERN 1787 VETERANS HIGHWAY RUBIN Ec ROTHMAN, LLC ISLANDIA, NY 11749 (631) 234-1500 NYDOCS@RUBINROTHMAN.COM To: KELLY E FRANK 2240 LAFAYETTE ST FALCONER, NY 14733-9652 WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED NILL BE USED FOR THAT PURPOSE, THIS COMMUNICATION IS FROM A DEBT COLLECTOR. NYC DCA LIC. 2045512 4 0- 0 U SZM 000 Our File No. 1260910 X 000005336433 3 of 4 FILED: CHAUTAUQUA COUNTY CLERK 12/07/2018 03:55 PM INDEX NO. EK12018001861 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/07/2018 SUPREME COURT OF THE STATE OF NEW YORK . . . Index- No .... COUNTY OF CHAUTAUQUA D2tte Filed: CAPITAL ONE BANK (USA) , N. A. Plaintif f . . -against- KELLY E FRANK Defendant (s) REDACTION COVER PAGE CHECK ALL THAT APPLY O Tlledocument al containsno canGdemid persrmation under 22 NYCRR 202 5(e)(as by the order specified authorized below). Thisdocument was previously Aled R RDACTED. Date Thisdocumeni was previoushtiledDN-REDACTED. Date O The document filed seeks a remedyunder 22 NYCRR 202.5teX2) O The document tiled sceks a remedy under 22 NYCRR 202 5(ep) O Additoud information: . . There is a previoásl¼ filedorderof the Coùrtregarding thisdocument: Date of order: Date orderBed: Other mformolian identifymg for such order. . . The order ohhe Court filed is being withthe redaded Tu!n¼edacteddocunen yes/ • Date of order O Other information identifying forsuch order: SigsatureoffUer: . . PrintName: ACOLIELM-TXERNÉY Counsel appearingfor: CARITAL _B USA N A Fikr is Unrepresented / Prose es • no 12 /05/2018 . . . . RJ DSi V0326)5 12 60910 000005336433 4 of 4