Comenity Bank v. Anna Ferera, E2017002870, 1 (N.Y. Sup. Ct., Monroe County Nov. 21, 2017) (2024)

FILED: MONROE COUNTY CLERK 11/21/2017 09:52 AM
`FILED: MONROE COUNTY CLERK 113-12017 09:52 1
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. E2017002870
`INDEX NO- 32017002870
`
`
`
`
`
`R«C«IV«D VYSCEF: 11/21/2017
`RECEIVED NYSCEF: 11/21/2017
`
`
`
`CONSUMER CREDIT TRANSACTION
`
`CREDIT CARD DEBT
`
`
`COUNTY OF MONROE
`
`Index No.
`Date Purchased
`
`Plaintiff(s) designate(s)
`MONROE
`
`County as the place of trial.
`The basis of the venue is
`
`DEFENDANT’ S LOCATION
`
`SUMMONS
`
`STATE OF NEW YORK
`
`SUPREME COURT
`
`Comenity Bank
`220 West Schrock Road
`
`Westerville, Ohio 43081
`
`-vs-
`
`Plaintiff(s)
`
`Anna Ferera
`
`207 Peck Road
`
`Hilton, New York 14468
`
`Defendant; s)
`To the above named Defendant(s)
`
`YOU ARE HEREBY SUMMONED and required to appear in the Supreme Court of the County
`of MONROE located at 99 Exchange Boulevard, City of Rochester, State of New York, by serving an
`answer to the annexed complaint upon plaintiffs attorney at the address stated below, or if there is no
`attorney, upon the plaintiff at the address stated above, within the time provided by law as noted below;
`upon your failure to so answer, judgment will be taken against you for the relief demanded in the
`complaint, together with the costs of this action.
`
`Dated: November 17, 2017
`
`RELIN, GOLDSTEIN & CRANE, LLP
`
`W1Jlfi.
`Muditha Halliyadde, Esq.
`Attorney(s) for Plaintiff
`Office and Post Office Address
`
`28 East Main Street —Suite 1800
`
`Rochester, NY 14614
`
`NOTE: The law provides that:
`
`(585) 325-6202
`
`1)
`
`2)
`
`If this summons is served by its delivery to you personally within the County of MONROE,
`you must answer within twenty (20) days after such service; or
`
`If this summons is served by delivery to any person other than you personally, or is served
`outside the County of MONROE, or by publication, or by any means other than personal
`delivery to you within the County of MONROE, you are allowed thirty (30) days after
`service is complete within which to answer.
`
`* You need not physically go to the court to serve an answer.
`
`THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR, ANY
`INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
`
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`1 of 5
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`

`

`FILED: MONROE COUNTY CLERK 11/21/2017 09:52 AM
`FILED: MONROE COUNTY CLERK 11m2017 09:52 ‘
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. E2017002870
`INDEX NO- 32017002870
`
`
`
`
`
`R«C«IV«D VYSCEF: 11/21/2017
`RECEIVED NYSCEF: 11/21/2017
`
`
`
`STATE OF NEW YORK
`
`SUPREME COURT
`
`Comenity Bank
`220 West Schrock Road
`
`Westerville, Ohio 43081
`
`vs.
`
`Anna Ferera
`
`207 Peck Road
`
`Hilton, New York 14468
`
`
`
`
`COUNTY OF MONROE
`
`Plaintiff,
`
`VERIFIED
`
`W
`
`Defendant(s 1.
`
`THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR, ANY
`INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
`
`Plaintiff for its complaint against the defendant(s) herein, alleges as follows:
`
`FIRST: Plaintiff is a corporation, having a place of business in the County of Franklin, State of
`
`Ohio.
`
`SECOND: Upon information and belief, the defendant(s) is a resident of the County of Monroe,
`State of New York.
`
`AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES:
`
`THIRD: Upon information and belief, that heretofore and within six years last past, at the
`specific instance and request of the defendant(s), plaintiff loaned certain monies to defendant(s)
`amounting to the sum of $5,893.66, and although duly demanded, no part of said sum has been paid by
`defendant(s) to plaintiff.
`
`AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES:
`
`FOURTH: Repeats and re-alleges the allegations contained in paragraphs “FIRST” through
`“THIRD” above.
`
`FIFTH: An account has been stated between the parties; the plaintiff has rendered a true and
`accurate statement of account to the defendant, who has received and retained same without due
`
`objection.
`
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`FILED: MONROE COUNTY CLERK 11/21/2017 09:52 AM
`FILED: MONROE COUNTY CLERK 11312017 09:52 A
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. E2017002870
`INDEX No- 332017002870
`
`
`
`
`
`R«C«IV«D VYSCEF: 11/21/2017
`RECEIVED NYSCEF: 11/21/2017
`
`
`
`WHEREFORE, plaintiff demands judgment against the defendant(s) in the sum of $5,893.66,
`together with the costs and disbursem*nts of this action.
`
`Dated. November 17, 2017
`
`
`
`l MAL/1, '
`i
`M
`Relin, Goldstein & Crane, LLP
`Muditha Halliyadde, Esq.
`Attorneys for Plaintiff
`Office & P. O. Box Address
`
`28 East Main Street —Suite 1800
`
`Rochester, NY 14614
`(585) 325-6202
`
`30f5
`3 of 5
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`FILED: MONROE COUNTY CLERK 11/21/2017 09:52 AM
`FILED: MONROE COUNTY CLERK 11m2017 09:52 ‘
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. E2017002870
`INDEX NO- 32017002870
`
`
`
`
`
`R«C«IV«D VYSCEF: 11/21/2017
`RECEIVED NYSCEF: 11/21/2017
`
`
`
`ATTORNEY’S VERIFICATION BY AFFIRMATION
`
`STATE OF NEW YORK
`
`COUNTY OF MONROE) SS:
`
`1, the undersigned, am an attorney admitted to practice in the courts of the State of New York
`and that: I am the attorney of record, or of counsel with the attorney(s) of record for plaintiff.
`
`I have read the annexed Complaint and know the contents thereof and the same are true to my
`knowledge, except those matters therein which are stated to be alleged on information and belief, and as
`to those matters, I believe them to be true. My belief, as to those matters therein not stated upon
`knowledge, is based upon the following: Correspondence, memoranda and statements of account in
`deponent’s possession.
`
`The reason I make this affirmation instead of plaintiff is because an officer of plaintiff is not
`within the County of Monroe and deponent is one of the attorneys for said corporation.
`
`I affirm that the foregoing statements are true under penalties of perjury.
`
`Date: November 17, 2017
`
`,W1 MJP '
`Muditha Halliyadde, Esq.
`Relin, Goldstein & Crane, LLP
`Attorneys at Law
`28 East Main Street —Suite 1800
`
`Rochester, New York 14614
`
`(585) 325-6202
`
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`4 of 5
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`FILED: MONROE COUNTY CLERK 11/21/2017 09:52 AM
`FILED: MONROE COUNTY CLERK 11m2017 09:52 ‘
`
`NYSCEF DOC. NO.
`1
`NYSCEF DOC. NO. 1
`
`
`INDEX NO. E2017002870
`INDEX NO- 32017002870
`
`
`
`
`
`R«C«IV«D VYSCEF: 11/21/2017
`RECEIVED NYSCEF: 11/21/2017
`
`
`
`Anna Ferera
`
`207 Peck Road
`
`Hilton, New York 14468
`
`CIVIL COURT CITY OF NEW YORK
`
`TRIBUNAL CIVIL DE LA CIUDAD DE NUEVA YORK
`
`COUNTY OF MONROE
`
`INDEX (LIBRO) NO.
`
`Plaintiff/Demandante: C omcnity Bank
`
`Defendant/Demandado: Anna Ferera
`
`ATTENTION: A SUMMONS AND COMPLAINT HAS BEEN FILED ON A CONSUMER CREDIT
`
`TRANSACTION ASKING THE COURT TO RENDER A JUDGMENT AGAINST YOU. YOU MAY
`
`WISH TO CONTACT AN ATTORNEY. YOU MUST ANSWER AT THE LOCATION AND
`
`WITHIN THE TIME SPECIFIED ON THE SUMMONS.
`
`IF YOU DO NOT APPEAR IN COURT
`
`THE COURT MAY GRANT A JUDGMENT AGAINST YOU.
`
`IF A JUDGMENT IS GRANTED
`
`AGAINST YOU YOUR PROPERTY CAN BE TAKEN. PART OF YOUR PAY CAN BE TAKEN
`
`FROM YOU (GARNISHED), AND YOUR CREDIT RATING CAN BE AFFECTED.
`
`
`IF YOU HAVE NOT RECEIVED THE SUMMONS AND COMPLAINT GO TO THE CIVIL COURT
`
`CLERK’S OFFICE SPECIFIED ON THE RETURN ADDRESS AND BRING THIS NOTICE WITH
`
`YOU.
`
`ATENCION: BASADO EN UNA TRANSACCION DE CREDITO AL CONSUMIDOR, SE HA
`
`SOMETIDO UNA QUERELLA Y UNA CITACION JUDICIAL ANTE EL TRIBUNAL CIVIL,
`SOLICITANDO QUE SE EMITA UN FALLO JUDICIAL EN CONTRA SUYA, POR LO QUE
`USTED QUERRA COMUNICARSE CON UN ABOGADO. USTED TIENE QUE SOMETER UNA
`RESPUESTA ANTE EL TRIBUNAL, EN EL LUGAR Y EL MOMENTO INDICADO EN LA
`
`CITACION. SI NO COMPARECE ANTE EL TRIBUNAL, SE PUEDE EMITIR UN FALLO
`
`JUDICIAL EN SU CONTRA. DE SER ASI, SUS PERTENENCIAS PUEDEN SER EMBARGADAS,
`PARTE DE SU SALARIO PUEDE SER EMBARGADO Y LA CLASIFICACION DE SU CREDITO
`
`PUEDE SER AFECTADA NEGATIVAMENTE. SI NO HA RECIBIDO LA CITACION Y LA
`
`QUERELLA. DIRIJASE AL DESPACHO DEL SECRETARIO JUDICIAL INDICADO EN LA
`
`DIRECCION DEL REMITENTE Y TRAIGA ESTA NOTIFICACION CON USTED.
`
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Comenity Bank v. Anna Ferera, E2017002870, 1 (N.Y. Sup. Ct., Monroe County Nov. 21, 2017) (2024)

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