On March 02, 2018 a
Complaint,Petition
was filed
involving a dispute between
Capital One Bank,
and
Barbara L Byer,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018
$$EREME COURT 0 $$E $TATE 0 NE TORK neex N
COUNTŸ O ER E Da e ed
CAPITAL OÃZ BAHK (UBA), N.A.
Plaintiff
—
ag-a;-i-n8t-
Def eiidarit (s)
CHECK ALL THAT APPLY:
O The document filedcontainsno confidential
personal as defined
information, in 22 NYCRR 202..5(e).
The document filedis REDACTED in accordancewith 22 NYCRR 202.5(e).
The document filedis UN-REDACTED inaccordance with 22 NYCRR 202.5(e).
O (a) The document filedcontains SSN (as authorized
by theorder specifiedbelow).
(b) The document filedcontainsconfidential
personalinformation as defined
under22 NYCRR 202.5(e) (as authorized
by the order
specifiedbelow).
O This document was previouslyfiledREDACTED.
Date:
This document was previouslyfiledUN-REDACTED.
Date:
O The document filedseeks a remedyunder 22 NYCRR 202.5(e)(2).
O The document filedseeks a remedyunder 22 NYCRR 202.5(e)(3).
O Additionalinformation:
There:ts::a rjledorder of the::Court::regarding:
previo11$jy
Date of order:
O Date orderfiled:
O Other identifyinginformationforsuch order:
Date of order:
O Other identifyinginformation forsuch order:
/
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Coiinsel aypearinIIfor: CA.P XTAL ORE BA:gK U8A.)
F l riii eUnr
yr eineteedIP oCI
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2/28/2Oi.a
REDS1V032615
1213136 000004992361
1 of 4
FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018
NYSCEF SUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK Index No. ~ RECEIVED NYSCEF: 03/02/2018
COUNTY OF ERIE Date Filed:
________________________________________
CAPITAL ONE BANK (USA), N.A.
SUMMONS (ORIG INAL )
Plaintiff
-against-
BARBARA L BYER 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
FEBRUARY 28, 2018 RUBIN & ROTHMAN, LLC
Attorneys for Plaintiff
1787 Veterans Highway
Islandia, N.Y. 11749
(631) 234-1500
DEFENDANT(S) ADDRESS:
BARBARA L BYER
66 WESTBROOK DR BUFFALO, NY 14225-2015
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. ~ 1213136 X 18 0- 0 U SZM 000
000004992361
2 of 4
FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018
NYSCEF SUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK ACCT#: ************6620 RECEIVED NYSCEF: 03/02/2018
COUNTY OF ERIE Index No. ~
________________________________________
CAPITAL ONE BANK (USA), N.A.
Plaintiff
-against- COMPLAINT (ORIGINAL)
BARBARA L BYER
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 $ 1,106.55 is now due and owing to plaintiff from defendant(s),
WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of
$ 1,106.55 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
FEBRUARY 28, 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- R 7- 1 .
ý
Dated: FEBRUARY 28, 2018 S/
ADRIENN DERVENKA
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. 1213136 X 19 0- 0 U SZM 000
000004992361
3 of 4
FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018
NYSCEF SUPREME
DOC. NO.COURT
1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 03/02/2018
COUNTY OF ERIE
________________________________________
CAPITAL ONE BANK (USA), N.A.
Plaintiff
-against- Index No. ~
BARBARA L BYER
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: slandia, New York
EB ARY 28, 2018
/s/ RUBIN & ROTHMAN, LLC
ADRIENNE CERVENKA 1787 VETERANS HIGHWAY
RUBIN & ROTHMAN, LLC ISLANDIA, NY 11749
(631) 234-1500
NYDOCS@RUBINROTHMAN.COM
To: BARBARA L BYER
66 WESTBROOK DR
BUFFALO, NY 14225-2015
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. 1213136 X 20 0- 0 U SZM 000
000004992361
4 of 4
Document Filed Date
March 02, 2018
Case Filing Date
March 02, 2018
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/02/2018 $$EREME COURT 0 $$E $TATE 0 NE TORK neex N COUNTŸ O ER E Da e ed CAPITAL OÃZ BAHK (UBA), N.A. Plaintiff — ag-a;-i-n8t- Def eiidarit (s) CHECK ALL THAT APPLY: O The document filedcontainsno confidential personal as defined information, in 22 NYCRR 202..5(e). The document filedis REDACTED in accordancewith 22 NYCRR 202.5(e). The document filedis UN-REDACTED inaccordance with 22 NYCRR 202.5(e). O (a) The document filedcontains SSN (as authorized by theorder specifiedbelow). (b) The document filedcontainsconfidential personalinformation as defined under22 NYCRR 202.5(e) (as authorized by the order specifiedbelow). O This document was previouslyfiledREDACTED. Date: This document was previouslyfiledUN-REDACTED. Date: O The document filedseeks a remedyunder 22 NYCRR 202.5(e)(2). O The document filedseeks a remedyunder 22 NYCRR 202.5(e)(3). O Additionalinformation: There:ts::a rjledorder of the::Court::regarding: previo11$jy Date of order: O Date orderfiled: O Other identifyinginformationforsuch order: Date of order: O Other identifyinginformation forsuch order: / Sigaifum offilii-. pp~< >~I~: ADRXENME CERVEK[Uk Coiinsel aypearinIIfor: CA.P XTAL ORE BA:gK U8A.) F l riii eUnr yr eineteedIP oCI ser: jets l®, no 2/28/2Oi.a REDS1V032615 1213136 000004992361 1 of 4 FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018 NYSCEF SUPREME DOC. NO.COURT 1 OF THE STATE OF NEW YORK Index No. ~ RECEIVED NYSCEF: 03/02/2018 COUNTY OF ERIE Date Filed: ________________________________________ CAPITAL ONE BANK (USA), N.A. SUMMONS (ORIG INAL ) Plaintiff -against- BARBARA L BYER 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 FEBRUARY 28, 2018 RUBIN & ROTHMAN, LLC Attorneys for Plaintiff 1787 Veterans Highway Islandia, N.Y. 11749 (631) 234-1500 DEFENDANT(S) ADDRESS: BARBARA L BYER 66 WESTBROOK DR BUFFALO, NY 14225-2015 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. ~ 1213136 X 18 0- 0 U SZM 000 000004992361 2 of 4 FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018 NYSCEF SUPREME DOC. NO.COURT 1 OF THE STATE OF NEW YORK ACCT#: ************6620 RECEIVED NYSCEF: 03/02/2018 COUNTY OF ERIE Index No. ~ ________________________________________ CAPITAL ONE BANK (USA), N.A. Plaintiff -against- COMPLAINT (ORIGINAL) BARBARA L BYER 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 $ 1,106.55 is now due and owing to plaintiff from defendant(s), WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of $ 1,106.55 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 FEBRUARY 28, 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- R 7- 1 . ý Dated: FEBRUARY 28, 2018 S/ ADRIENN DERVENKA 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. 1213136 X 19 0- 0 U SZM 000 000004992361 3 of 4 FILED: ERIE COUNTY CLERK 03/02/2018 10:46 AM INDEX NO. 803299/2018 NYSCEF SUPREME DOC. NO.COURT 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 03/02/2018 COUNTY OF ERIE ________________________________________ CAPITAL ONE BANK (USA), N.A. Plaintiff -against- Index No. ~ BARBARA L BYER 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: slandia, New York EB ARY 28, 2018 /s/ RUBIN & ROTHMAN, LLC ADRIENNE CERVENKA 1787 VETERANS HIGHWAY RUBIN & ROTHMAN, LLC ISLANDIA, NY 11749 (631) 234-1500 NYDOCS@RUBINROTHMAN.COM To: BARBARA L BYER 66 WESTBROOK DR BUFFALO, NY 14225-2015 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. 1213136 X 20 0- 0 U SZM 000 000004992361 4 of 4