Preview
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
SUPREME COURT OF THE STATE OF NEW YORK
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
COUNTY OF CHEMUNG Index No.
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd CONSUMER CREDIT
Norfolk, VA 23502-9901 TRANSACTION
Plaintiff, SUMMONS
-against-
CHRISTINE A DUTTON
3133 LAKE RD LOT 19
HORSEHEADS, NY 14845-3113
Defendant.
PLEASE TAKE NOTICE YOU ARE HEREBY SUMMONED to answer in ELMIRA SUPREME COURT, 224 LAKE
STREET, ELMIRA, NY 14902, the annexed verified complaint in this action and to serve a copy of your answer on the
Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service, where service is
made by delivery upon you personally within New York State, or within thirty (30) days after the completion of service where
service is made in any other manner. In case of your failure to appear or answer, judgment may be taken against you by default
for the relief demanded in the complaint.
The basis for venue is that the Consumer Credit transaction took place in the County of CHEMUNG and that the Defendant is
the resident of 3133 LAKE RD LOT 19, HORSEHEADS, NY 14845-3113 and is therefore subject to the jurisdiction of the
court.
Dated:May 19, 2023
Christa L. Muratore, Esq. / Kristen S. Mantyla, Esq. / Mark Cullen, Esq. / Robert N.
Polas Jr., Esq. / Sheena Daneshyar, Esq.
In-House Attorneys for Plaintiff
PORTFOLIO RECOVERY ASSOCIATES, LLC
100 Park Avenue, Suite 1600
NEW YORK, NY, 10017
866/428-8102
YOU NEED NOT PHYSICALLY GO TO THE COURT TO SERVE AN ANSWER
NOTE: The laws or rules of court provide that:
(a) If this summons is served by its deliver to you, or (for corporation) an agent authorized to receive service personally
within the County of CHEMUNG, you must answer within 20 days after such service; or
(b) If this summons is served otherwise than as designated in subdivision A above you are allowed THIRTY days to
Answer after the proof of service thereof is filed with the Clerk of this Court.
(c) You are required to file a copy of your answer together with proof of service with the clerk of the district in which the
action is brought within 10 days of the service of the answer.
1 of 8
FILE #: 574058
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG Index No.
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd
Norfolk, VA 23502-9901
Plaintiff,
COMPLAINT
-against-
PRA File No. 574058
CHRISTINE A DUTTON
3133 LAKE RD LOT 19
HORSEHEADS, NY 14845-3113
Defendant.
Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC (hereinafter
“Plaintiff”), by and through its attorneys as and for its complaint against the Defendant
CHRISTINE A DUTTON (hereinafter “Defendant” ”) alleges as follows:
1. Plaintiff is a Delaware Limited Liability Company authorized to do business in New York
with its principal place of business at Riverside Commerce Center, 120 Corporate Blvd,
Norfolk, VA 23502-9901.
2. Upon information and belief, Defendant resides at 3133 LAKE RD LOT 19,
HORSEHEADS, NY 14845-3113.
3. A(n) CITIBANK, N.A. / GOODYEAR credit account was issued to Defendant on or
about August 26, 2019, with an account number at the time of charge off ending in
XXXXXXXXXXXXX5404 (hereinafter "Account"). Defendant used, or authorized the use
of, the credit account to make purchases and/or transactions. Defendant received periodic
billing statements for the credit account. Defendant defaulted in making the required
payments.
APCMGLGJBLDMFODJCIDPCIEK
AJAJBBGCEKINPLDODKGOMICK
AEILMBPDHCOELMBLFFBAIMNK
ADIAGKOLPNLPNPIILBGMOCJK
AGAEOMCBCDFIANNFCCEINKNK
AAMCOGMIEGIOOECKEAECICEK
2 of 8
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
4. Subsequently, Plaintiff was assigned and transferred all right, title and interest in the
credit account. On or about 01/19/2021 the account was assigned, transferred and sold to the
Plaintiff by CITIBANK, N.A..
a.
NAME DATE TYPE
CITIBANK, N.A. 08/26/2019 CHARGE OFF CREDITOR
CITIBANK, N.A. 08/26/2019 ORIGINAL CREDITOR
CITIBANK, N.A. 08/26/2019 SELLER
transferred to 08/26/2019 followed by:
b. CITIBANK, N.A. 01/19/2021 transferred to Plaintiff.
5. Upon Defendant's request, Original Creditor issued the revolving credit Account for the
Defendant's use and benefit.
6. Under the Account agreement, Defendant used or authorized the use of the Account and
thereby incurred charges and otherwise used credit privileges provided under the Account
agreement. (Please see the attached Terms and Conditions)
7. In exchange for said valuable consideration, Defendant agreed to make periodic
payments toward the full amount due as detailed within the Account agreement. By using
and/or authorizing the use of the Account Defendant accepted and became subject to all the
terms and conditions of the Account agreement.
3 of 8
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
8. Defendant had breached the Account agreement by defaulting on the payment
obligations. As a result of said breach, Defendant's debt to Plaintiff is due and owing for the
total sum of $1,212.86.
9. The balance on the last transaction statement is $1,276.57.
10. The last payment was made on this account on or about 05/03/2021 in the amount of
$110.26.
11. The Account was charged off by the Original Creditor on or about December 9, 2020.
The total amount due at the time was $1,723.12. (See attached Account Statement).
12. The final statement was made available to Defendant on or about December 9, 2020.
THIS SECTION IS INTENTIONALLY LEFT BLANK
4 of 8
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
ACCOUNTING OF AMOUNT DUE
13. The principal or charge-off balance is $1,723.12.
14. Since charge-off the Account has accrued interest totaling $0.00.
15. Since charge-off the non-interest charges and fees added to this account total $0.00.
16. As of the date of this complaint, the total amount of payments and/or credits on the
Account are $510.26.
17. Defendant is indebted to Plaintiff in the sum of $1,212.86 as a balance due on the account
for charges incurred or authorized by Defendant under the account agreement and credit
privileges provided by Plaintiff’s predecessor.
18. Demand has been made upon Defendant for the balance due. Despite said demand,
Defendant has failed or refused to pay.
THIS SECTION IS INTENTIONALLY LEFT BLANK
5 of 8 FILE #: 574058
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
19. As a result, Defendant's debt to Plaintiff has become due and owing for the total sum of
$1,212.86.
WHEREFORE, Plaintiff demands judgment against the Defendant as follows:
1. for the principal sum of $1,212.86; Plaintiff waives its right to statutory post-judgment
interest at the applicable rate;
2. all court costs of this action;
3. along with any other further relief as this court may deem just and proper.
Dated May 19, 2023
Christa L. Muratore, Esq.
Kristen S. Mantyla, Esq.
Mark Cullen, Esq.
Robert N. Polas Jr., Esq.
Sheena Daneshyar, Esq.
Attorneys for Plaintiff
Portfolio Recovery Associates, LLC
100 Park Avenue, Suite 1600
NEW YORK, NY 10017
Phone: 866/428-8102
www.PRApay.com
LitigationFilingNY@portfoliorecovery.com
NewYork_RA@portfoliorecovery.com
THIS SECTION IS INTENTIONALLY LEFT BLANK
6 of 8 FILE #: 574058
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG Index No.
PORTFOLIO RECOVERY ASSOCIATES, LLC
Plaintiff,
-against-
CHRISTINE A DUTTON
Defendant.
NOTICE OF ELECTRONIC FILING
(Consensual Case)
(Uniform Rule § 202.5-b)
You have received this Notice because:
1. The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system ("NYSCEF"), and
2. You are a Defendant/Respondent (a party) in this case.
• If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2).
• If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
• If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection to
the Internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
• serving and filing your documents electronically
• free access to view and print your e-filed documents
• limiting your number of trips to the courthouse
• paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
• visit: http://www.nycourts.gov/efile-unrepresented or
• contact the Clerk's Office or Help Center at the court where the case was filed.
Court contact information can be found at http://www.nycourts.gov/.
Page 1 of 2 EF-3
7 of 8
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023
To find legal information to help you represent yourself visit http://www.nycourthelp.gov/.
Information for Attorneys
An attorney representing a party who is served with this notice must either consent or decline
consent to electronic filing and service through NYSCEF for this case.
Attorneys registered with NYSCEF may record their consent electronically in the manner
provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to
participate in e-filing must first create a NYSCEF account and obtain a user ID and password
prior to recording their consent by going to http://www.nycourts.gov/efile/.
Attorneys declining to consent must file with the court and serve on all parties of record a
declination of consent.
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at http://www.nycourts.gov/efile/ or contact the NYSCEF RESOURCE
CENTER (phone: 646-386-3033; e-mail: efile@nycourts.gov).
Dated: May 19, 2023
Christa L. Muratore 100 Park Avenue, Suite 1600
Name Address
PORTFOLIO RECOVERY
ASSOCIATES, LLC NEW YORK, NY, 10017
Firm Name
866/428-8102
Phone
LitigationFilingNY@portfoliorecovery.com
E-mail
To: CHRISTINE A DUTTON
3133 LAKE RD LOT 19
HORSEHEADS, NY 14845-3113
6/6/18
Index # Page 2 of 2 EF-3
8 of 8
Preview
FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 SUPREME COURT OF THE STATE OF NEW YORK NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 COUNTY OF CHEMUNG Index No. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd CONSUMER CREDIT Norfolk, VA 23502-9901 TRANSACTION Plaintiff, SUMMONS -against- CHRISTINE A DUTTON 3133 LAKE RD LOT 19 HORSEHEADS, NY 14845-3113 Defendant. PLEASE TAKE NOTICE YOU ARE HEREBY SUMMONED to answer in ELMIRA SUPREME COURT, 224 LAKE STREET, ELMIRA, NY 14902, the annexed verified complaint in this action and to serve a copy of your answer on the Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within New York State, or within thirty (30) days after the completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment may be taken against you by default for the relief demanded in the complaint. The basis for venue is that the Consumer Credit transaction took place in the County of CHEMUNG and that the Defendant is the resident of 3133 LAKE RD LOT 19, HORSEHEADS, NY 14845-3113 and is therefore subject to the jurisdiction of the court. Dated:May 19, 2023 Christa L. Muratore, Esq. / Kristen S. Mantyla, Esq. / Mark Cullen, Esq. / Robert N. Polas Jr., Esq. / Sheena Daneshyar, Esq. In-House Attorneys for Plaintiff PORTFOLIO RECOVERY ASSOCIATES, LLC 100 Park Avenue, Suite 1600 NEW YORK, NY, 10017 866/428-8102 YOU NEED NOT PHYSICALLY GO TO THE COURT TO SERVE AN ANSWER NOTE: The laws or rules of court provide that: (a) If this summons is served by its deliver to you, or (for corporation) an agent authorized to receive service personally within the County of CHEMUNG, you must answer within 20 days after such service; or (b) If this summons is served otherwise than as designated in subdivision A above you are allowed THIRTY days to Answer after the proof of service thereof is filed with the Clerk of this Court. (c) You are required to file a copy of your answer together with proof of service with the clerk of the district in which the action is brought within 10 days of the service of the answer. 1 of 8 FILE #: 574058 FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG Index No. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502-9901 Plaintiff, COMPLAINT -against- PRA File No. 574058 CHRISTINE A DUTTON 3133 LAKE RD LOT 19 HORSEHEADS, NY 14845-3113 Defendant. Plaintiff, PORTFOLIO RECOVERY ASSOCIATES, LLC (hereinafter “Plaintiff”), by and through its attorneys as and for its complaint against the Defendant CHRISTINE A DUTTON (hereinafter “Defendant” ”) alleges as follows: 1. Plaintiff is a Delaware Limited Liability Company authorized to do business in New York with its principal place of business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502-9901. 2. Upon information and belief, Defendant resides at 3133 LAKE RD LOT 19, HORSEHEADS, NY 14845-3113. 3. A(n) CITIBANK, N.A. / GOODYEAR credit account was issued to Defendant on or about August 26, 2019, with an account number at the time of charge off ending in XXXXXXXXXXXXX5404 (hereinafter "Account"). Defendant used, or authorized the use of, the credit account to make purchases and/or transactions. Defendant received periodic billing statements for the credit account. Defendant defaulted in making the required payments. APCMGLGJBLDMFODJCIDPCIEK AJAJBBGCEKINPLDODKGOMICK AEILMBPDHCOELMBLFFBAIMNK ADIAGKOLPNLPNPIILBGMOCJK AGAEOMCBCDFIANNFCCEINKNK AAMCOGMIEGIOOECKEAECICEK 2 of 8 FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 4. Subsequently, Plaintiff was assigned and transferred all right, title and interest in the credit account. On or about 01/19/2021 the account was assigned, transferred and sold to the Plaintiff by CITIBANK, N.A.. a. NAME DATE TYPE CITIBANK, N.A. 08/26/2019 CHARGE OFF CREDITOR CITIBANK, N.A. 08/26/2019 ORIGINAL CREDITOR CITIBANK, N.A. 08/26/2019 SELLER transferred to 08/26/2019 followed by: b. CITIBANK, N.A. 01/19/2021 transferred to Plaintiff. 5. Upon Defendant's request, Original Creditor issued the revolving credit Account for the Defendant's use and benefit. 6. Under the Account agreement, Defendant used or authorized the use of the Account and thereby incurred charges and otherwise used credit privileges provided under the Account agreement. (Please see the attached Terms and Conditions) 7. In exchange for said valuable consideration, Defendant agreed to make periodic payments toward the full amount due as detailed within the Account agreement. By using and/or authorizing the use of the Account Defendant accepted and became subject to all the terms and conditions of the Account agreement. 3 of 8 FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 8. Defendant had breached the Account agreement by defaulting on the payment obligations. As a result of said breach, Defendant's debt to Plaintiff is due and owing for the total sum of $1,212.86. 9. The balance on the last transaction statement is $1,276.57. 10. The last payment was made on this account on or about 05/03/2021 in the amount of $110.26. 11. The Account was charged off by the Original Creditor on or about December 9, 2020. The total amount due at the time was $1,723.12. (See attached Account Statement). 12. The final statement was made available to Defendant on or about December 9, 2020. THIS SECTION IS INTENTIONALLY LEFT BLANK 4 of 8 FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 ACCOUNTING OF AMOUNT DUE 13. The principal or charge-off balance is $1,723.12. 14. Since charge-off the Account has accrued interest totaling $0.00. 15. Since charge-off the non-interest charges and fees added to this account total $0.00. 16. As of the date of this complaint, the total amount of payments and/or credits on the Account are $510.26. 17. Defendant is indebted to Plaintiff in the sum of $1,212.86 as a balance due on the account for charges incurred or authorized by Defendant under the account agreement and credit privileges provided by Plaintiff’s predecessor. 18. Demand has been made upon Defendant for the balance due. Despite said demand, Defendant has failed or refused to pay. THIS SECTION IS INTENTIONALLY LEFT BLANK 5 of 8 FILE #: 574058 FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 19. As a result, Defendant's debt to Plaintiff has become due and owing for the total sum of $1,212.86. WHEREFORE, Plaintiff demands judgment against the Defendant as follows: 1. for the principal sum of $1,212.86; Plaintiff waives its right to statutory post-judgment interest at the applicable rate; 2. all court costs of this action; 3. along with any other further relief as this court may deem just and proper. Dated May 19, 2023 Christa L. Muratore, Esq. Kristen S. Mantyla, Esq. Mark Cullen, Esq. Robert N. Polas Jr., Esq. Sheena Daneshyar, Esq. Attorneys for Plaintiff Portfolio Recovery Associates, LLC 100 Park Avenue, Suite 1600 NEW YORK, NY 10017 Phone: 866/428-8102 www.PRApay.com LitigationFilingNY@portfoliorecovery.com NewYork_RA@portfoliorecovery.com THIS SECTION IS INTENTIONALLY LEFT BLANK 6 of 8 FILE #: 574058 FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG Index No. PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff, -against- CHRISTINE A DUTTON Defendant. NOTICE OF ELECTRONIC FILING (Consensual Case) (Uniform Rule § 202.5-b) You have received this Notice because: 1. The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system ("NYSCEF"), and 2. You are a Defendant/Respondent (a party) in this case. • If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see "Information for Attorneys" pg. 2). • If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. • If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the Internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: • serving and filing your documents electronically • free access to view and print your e-filed documents • limiting your number of trips to the courthouse • paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: • visit: http://www.nycourts.gov/efile-unrepresented or • contact the Clerk's Office or Help Center at the court where the case was filed. Court contact information can be found at http://www.nycourts.gov/. Page 1 of 2 EF-3 7 of 8 FILED: CHEMUNG COUNTY CLERK 07/19/2023 11:49 AM INDEX NO. 2023-5529 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/19/2023 To find legal information to help you represent yourself visit http://www.nycourthelp.gov/. Information for Attorneys An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to http://www.nycourts.gov/efile/. Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at http://www.nycourts.gov/efile/ or contact the NYSCEF RESOURCE CENTER (phone: 646-386-3033; e-mail: efile@nycourts.gov). Dated: May 19, 2023 Christa L. Muratore 100 Park Avenue, Suite 1600 Name Address PORTFOLIO RECOVERY ASSOCIATES, LLC NEW YORK, NY, 10017 Firm Name 866/428-8102 Phone LitigationFilingNY@portfoliorecovery.com E-mail To: CHRISTINE A DUTTON 3133 LAKE RD LOT 19 HORSEHEADS, NY 14845-3113 6/6/18 Index # Page 2 of 2 EF-3 8 of 8