Preview
FILED: LEWIS COUNTY CLERK 12/16/2022 05:34 PM INDEX NO. EFCA2022-000306
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW Purchased:
YORK COUNTY OF LEWIS
Index No.
Cavalry SPV I, LLC, as assignee of
Citibank, N.A.
, Plaintiff SUMMONS
-against-
Basis of venue is the residence of
CHERYL A MALBEUF defendant(s) and/or the county
9841 Erie Canal Rd where the transaction took place
Croghan NY 13327
, Defendant(s).
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's
attorney an answer to the complaint in this action within twenty days after
the service of this summons, exclusive of the day of service, or within
thirty days after service is complete if this summons is not personally
delivered to you within the State of New York. In case of your failure to
answer judgment will be taken against you by default for the relief
demandéd in the complaint.
Plaintiff's address: 1 American Lane, Suite 220 Greenwich, CT 06831
Defendant's address: 9841 Erie Canal Rd Croghan NY 13327
Dated: December 13, 2022
Grzegor2 Ows a 3f , s --
Portnoy Schn , ..L.C.
22 Saw Mill River Rd, Ste 305
Hawthorne, NY 10 32
Phone: 888/841-6574
Attorney for Plaintiff
File No. L2200958
NOTE: The law provides that:
1. If this summons is served by its delivery to you personally, you must
appear and answer within TWENTY (20) days after such service; or
2. If this summons is served by its delivery to person
any other than you
personally, or by publication, or by any means other than personal delivery
to you you are allowed THIRTY (30) days after the proof or service thereof
is filûd with the Clerk of the this Court within which to appear and
answer.
22330609
1 of 2
FILED: LEWIS COUNTY CLERK 12/16/2022 05:34 PM INDEX NO. EFCA2022-000306
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022
SUPREME COURT OF THE STATE OF NEW Index No.
YORK COUNTY OF LEWIS
COMPLAINT
Cavalry SPV I, LLC, as assignee of
Citibank, N.A.
, Plaintiff
-against-
CHERYL A MALBEUF
9841 Erie Canal Rd
Croghan NY 13327
, Defendant(s).
Plaintiff, by and through its attorney, Portnoy Schneck, L.L.C.,
complaining of the Defendant(s) alleges:
1. That at all times hereinafter mentioned, Plaintiff C&VALRY SPV I, LLC,
is a forei n limited liability company duly registered to conduct business
in the Sta e of New York
2. Plaintiff is not the original creditor. On
about June
or 29, 2022
Plaintiff, by purchase and assignment, acquiredfrom Citibank, N.A.
original creditor all right title, and interest in the defaulted account;
account number ************0112, this is the same account number as printed
on the most recent monthly statement recording a purchase transaction last
payment, or balance transfer of Defendant(s) CHERYL A MALBEOF . The amount
due at the time of sale by the original creditor was $12,235.95.
3. The last payment on the account was made on or about January 2, 2020 in
the amount of $350.00.
4. The account balance printed on the most recent monthly statement
recording a purchase, last payment or balance transfer was $11,168.57.
CAUSE OF ACTION
5. Plaintiff, through assignment is the lawful owner of a consumer credit
agreement entered into by defendaht(s).
6. Defendant(s) did breach the aforesaid consumer credit agreement and
Plaintiff seeks the sum of $12,235.95. Payment has been demanded by
Plaintiff but has not been made.
7. The itemization of the amount souqh of $12,235.95: (I) the total amount
of the debt due of as
charge off $12,235.95; (II) The total amount of
interest accrued since charge-off the total amount of non-
$.00; (III)
interest charges or fees accrued since charge off .00; (IV) the total
amount of payments and/or credits made on the debt since charge-off $.00.
A copy of the charge-off statement is annexed hereto as an exhibit.
WHEREFORE Plaintiff demands Judgment against Defendant(s) for the sum of
$12,235.95, with costs and disbursements of this action.
Dated: December 13, 2022
Grzegorz ws ny, q.
Portnoy ck, L. C.
22 Saw 1 iver Rd, Ste 305
Hawthorne, . 10532
Phone: 888/841-6574
Attorney for Plaintiff
File No. L2200958
2 of 2
Preview
FILED: LEWIS COUNTY CLERK 12/16/2022 05:34 PM INDEX NO. EFCA2022-000306 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW Purchased: YORK COUNTY OF LEWIS Index No. Cavalry SPV I, LLC, as assignee of Citibank, N.A. , Plaintiff SUMMONS -against- Basis of venue is the residence of CHERYL A MALBEUF defendant(s) and/or the county 9841 Erie Canal Rd where the transaction took place Croghan NY 13327 , Defendant(s). To the above named Defendant(s): YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorney an answer to the complaint in this action within twenty days after the service of this summons, exclusive of the day of service, or within thirty days after service is complete if this summons is not personally delivered to you within the State of New York. In case of your failure to answer judgment will be taken against you by default for the relief demandéd in the complaint. Plaintiff's address: 1 American Lane, Suite 220 Greenwich, CT 06831 Defendant's address: 9841 Erie Canal Rd Croghan NY 13327 Dated: December 13, 2022 Grzegor2 Ows a 3f , s -- Portnoy Schn , ..L.C. 22 Saw Mill River Rd, Ste 305 Hawthorne, NY 10 32 Phone: 888/841-6574 Attorney for Plaintiff File No. L2200958 NOTE: The law provides that: 1. If this summons is served by its delivery to you personally, you must appear and answer within TWENTY (20) days after such service; or 2. If this summons is served by its delivery to person any other than you personally, or by publication, or by any means other than personal delivery to you you are allowed THIRTY (30) days after the proof or service thereof is filûd with the Clerk of the this Court within which to appear and answer. 22330609 1 of 2 FILED: LEWIS COUNTY CLERK 12/16/2022 05:34 PM INDEX NO. EFCA2022-000306 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2022 SUPREME COURT OF THE STATE OF NEW Index No. YORK COUNTY OF LEWIS COMPLAINT Cavalry SPV I, LLC, as assignee of Citibank, N.A. , Plaintiff -against- CHERYL A MALBEUF 9841 Erie Canal Rd Croghan NY 13327 , Defendant(s). Plaintiff, by and through its attorney, Portnoy Schneck, L.L.C., complaining of the Defendant(s) alleges: 1. That at all times hereinafter mentioned, Plaintiff C&VALRY SPV I, LLC, is a forei n limited liability company duly registered to conduct business in the Sta e of New York 2. Plaintiff is not the original creditor. On about June or 29, 2022 Plaintiff, by purchase and assignment, acquiredfrom Citibank, N.A. original creditor all right title, and interest in the defaulted account; account number ************0112, this is the same account number as printed on the most recent monthly statement recording a purchase transaction last payment, or balance transfer of Defendant(s) CHERYL A MALBEOF . The amount due at the time of sale by the original creditor was $12,235.95. 3. The last payment on the account was made on or about January 2, 2020 in the amount of $350.00. 4. The account balance printed on the most recent monthly statement recording a purchase, last payment or balance transfer was $11,168.57. CAUSE OF ACTION 5. Plaintiff, through assignment is the lawful owner of a consumer credit agreement entered into by defendaht(s). 6. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $12,235.95. Payment has been demanded by Plaintiff but has not been made. 7. The itemization of the amount souqh of $12,235.95: (I) the total amount of the debt due of as charge off $12,235.95; (II) The total amount of interest accrued since charge-off the total amount of non- $.00; (III) interest charges or fees accrued since charge off .00; (IV) the total amount of payments and/or credits made on the debt since charge-off $.00. A copy of the charge-off statement is annexed hereto as an exhibit. WHEREFORE Plaintiff demands Judgment against Defendant(s) for the sum of $12,235.95, with costs and disbursements of this action. Dated: December 13, 2022 Grzegorz ws ny, q. Portnoy ck, L. C. 22 Saw 1 iver Rd, Ste 305 Hawthorne, . 10532 Phone: 888/841-6574 Attorney for Plaintiff File No. L2200958 2 of 2