Preview
FILED: CAYUGA COUNTY CLERK 02/24/2023 10:12 AM INDEX NO. E2023-0133
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2023
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW Purchased:
YORK COUNTY OF CAYUGA
Index No.
Cavalry SPV I LLC, as assignee of
Synchrony Bank formerly known as GE
Capital Retail Bank SUMMONS
, Plaintiff
-against- Basis of venue is the residence of
defendant(s) and/or the county
MICHELLE TUMBER where the transaction took place
5461 Martin Rd
Auburn NY 13021-9644
, 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
demand%d in the complaint.
Plaintiff's address: 1 American Lane, Suite 220 Greenwich, CT 06831
Defendant's address: 5461 Martin Rd Auburn NY 13021-9644
Dated: February 9, 2023
Grzegorz Ow / .
Portnoy Sc ec
R', L.L. .
22 Saw Mill er Rd, -e-305
Hawthorne N 10532
Phone: 888/ 41-6574
Attorney fo Plaintiff
File No. L2 01468
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 any person 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 of service thereof
is filbd with the Clerk of the this Court within which to appear and
answer.
22418626
1 of 2
FILED: CAYUGA COUNTY CLERK 02/24/2023 10:12 AM INDEX NO. E2023-0133
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2023
SUPREME COURT OF THE STATE OF NEW Index No.
YORK COUNTY OF CAYUGA
COMPLAINT
Cavalry SPV I LLC, as assignee of
Synchrony Bank formerly known as GE
Capital Retail Bank
, Plaintiff
-against-
MICHELLE TUMBER
5461 Martin Rd
Auburn NY 13021-9644
, 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, CAVALRY SPV I, LLC,
is a foreign limited liability company duly registered to conduct business
in the State of New York.
2. Plaintiff is not the original creditor. On or about November 12, 2022
Plaintiff by purchase and assignment, acquired from Synchrony Bank
formerly known as GE Capital Retail Bank , original creditor, all right,
title and interest in the defaulted account; account number
************0331, 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) MICHELLE TUMBER . The amount due at the
time of sale by the original creditor was $4,107.61.
3. The last payment on the account was made on or about September 4, 2020
in the amount of $108.00.
4. The account balance printed on the most recent monthly statement
recording a purchase, last payment or balance transfer was $3,379.64.
CAUSE OF ACTION
5. Plaintiff, through assignment, is the lawful owner of a consumer credit
agreement entered into by defendant(s).
6. Defendant(s) did breach the aforesaid consumer credit agreement and
Plaintiff seeks the sum of $4,067.61. Payment has been demanded by
Plaintiff but has not been made.
7. The itemization of the amount sough of $4,067.61: (I) the total amount
of the debt due as of charge off $4,107.61; (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 $40.00.
A copy of the charge-off statement is annexed hereto as an exhibit.
WHEREFORE, Plaintiff demands Judgment against Defendant(s) for the sum of
$4,067.61, with costs and disbursements of this action.
Dated: February 9, 2023
Grzegorz Owsla y, sq.
Portnoy Schne , L. .C..
22 Saw Mill River Rd, 5Ee 305
Hawthorne NY 10532
Phone: 888/841-6574
Attorney for Plaintiff
File No. L2201468
2 of 2
Preview
FILED: CAYUGA COUNTY CLERK 02/24/2023 10:12 AM INDEX NO. E2023-0133 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2023 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW Purchased: YORK COUNTY OF CAYUGA Index No. Cavalry SPV I LLC, as assignee of Synchrony Bank formerly known as GE Capital Retail Bank SUMMONS , Plaintiff -against- Basis of venue is the residence of defendant(s) and/or the county MICHELLE TUMBER where the transaction took place 5461 Martin Rd Auburn NY 13021-9644 , 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 demand%d in the complaint. Plaintiff's address: 1 American Lane, Suite 220 Greenwich, CT 06831 Defendant's address: 5461 Martin Rd Auburn NY 13021-9644 Dated: February 9, 2023 Grzegorz Ow / . Portnoy Sc ec R', L.L. . 22 Saw Mill er Rd, -e-305 Hawthorne N 10532 Phone: 888/ 41-6574 Attorney fo Plaintiff File No. L2 01468 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 any person 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 of service thereof is filbd with the Clerk of the this Court within which to appear and answer. 22418626 1 of 2 FILED: CAYUGA COUNTY CLERK 02/24/2023 10:12 AM INDEX NO. E2023-0133 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/24/2023 SUPREME COURT OF THE STATE OF NEW Index No. YORK COUNTY OF CAYUGA COMPLAINT Cavalry SPV I LLC, as assignee of Synchrony Bank formerly known as GE Capital Retail Bank , Plaintiff -against- MICHELLE TUMBER 5461 Martin Rd Auburn NY 13021-9644 , 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, CAVALRY SPV I, LLC, is a foreign limited liability company duly registered to conduct business in the State of New York. 2. Plaintiff is not the original creditor. On or about November 12, 2022 Plaintiff by purchase and assignment, acquired from Synchrony Bank formerly known as GE Capital Retail Bank , original creditor, all right, title and interest in the defaulted account; account number ************0331, 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) MICHELLE TUMBER . The amount due at the time of sale by the original creditor was $4,107.61. 3. The last payment on the account was made on or about September 4, 2020 in the amount of $108.00. 4. The account balance printed on the most recent monthly statement recording a purchase, last payment or balance transfer was $3,379.64. CAUSE OF ACTION 5. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 6. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $4,067.61. Payment has been demanded by Plaintiff but has not been made. 7. The itemization of the amount sough of $4,067.61: (I) the total amount of the debt due as of charge off $4,107.61; (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 $40.00. A copy of the charge-off statement is annexed hereto as an exhibit. WHEREFORE, Plaintiff demands Judgment against Defendant(s) for the sum of $4,067.61, with costs and disbursements of this action. Dated: February 9, 2023 Grzegorz Owsla y, sq. Portnoy Schne , L. .C.. 22 Saw Mill River Rd, 5Ee 305 Hawthorne NY 10532 Phone: 888/841-6574 Attorney for Plaintiff File No. L2201468 2 of 2