On December 29, 2023 a
SUMMONS + COMPLAINT
was filed
involving a dispute between
Citibank, N.A. Successor By Merger To Department Stores National Bank,
and
Philip P Stropoli,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Sullivan County.
Preview
FILED: SULLIVAN COUNTY CLERK 12/29/2023 10:05 AM
Index#E2023-2035 INDEX NO. E2023-2035
NYSCEFSUPREME COURT
DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED
12/29/2023 NYSCEF: 12/29/2023
COUNTY OF SULLIVAN Date Filed:
--------------------....--------------..
CITIBANK, N.A. SUCCESSOR BY MERGER
TO DEPARTMENT STORES NATIONAL BANK
SUMMONS (ORIGINAL)
Plaintiff
-against-
PHILIP P STROPOLI The basis of venue is:
DEFENDANT'S RESIDENCE
Defendant(s) Plaintiff's Residence:
---------------------------------------- 5800 SOUTH CORPORATE PLACE
SIOUX FALLS, SD 57108
CONSUMER CREDIT TRANSACTION County of LINCOLN
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
RUBIN & ROTHMAN, LC
12/28/2023
Attorneys for Plaintiff
1787 Veterans Highway
Islandia, N.Y. 11749
(631) 234-1500
DEFENDANT(S) ADDRESS:
PHILIP P STROPOLI
160 YULAN BARRYVILLE RD BARRYVILLE, NY 12719-5231
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. 2110651
Our File No 1539143 Y 101 0- 0 V SZM 000
000006741133
1 of 3
FILED: SULLIVAN COUNTY CLERK 12/29/2023 10:05 AM INDEX NO. E2023-2035
NYSCEFSUPREME COURT
DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/29/2023
COUNTY OF SULLIVAN
--------------------....--------------..
Index# E2023-2035
CITIBAEK, N.A. SUCCESSOR BY MERGER
TO DEPARTMENT STORES NATIONAL BANK
Plaintiff
-against- COMPLAINT (ORIGINAL)
PHILIP P STROPOLI
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 bank located in South Dakota.
3. Defendant(s) used a revolving credit account with Plaintiff and
agreed to make payments for goods and services charged, balance
transfers, and/or cash advances made upon such card.
4. Defendant(s) later defaulted on the terms of the agreement.
5. The last payment was received on or about 2/23/23 in the amount of
$ 119.69.
6. The last four digits of the account number printed on the most recent
monthly statement recording a purchase transaction, last payment or
balance transfer are 3973
7. The account balance printed on the most recent monthly statement
recording a purchase transaction, last payment or balance transfer is
$ 3,328.98.
8. The plaintiff is the entity that owned the consumer credit account at
the date of default giving rise to the cause of action and is the
original creditor as defined by CPLR 105(q-1).
2 of 3
FILED: SULLIVAN COUNTY CLERK 12/29/2023 10:05 AM INDEX NO. E2023-2035
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/29/2023
9. Defendant(s) failed to make the payments due pursuant to the credit
account and $ 4,285.75 is now due and owing to plaintiff from
defendant. This amount includes a charge-off balance of $ 4,285.75,
post charge-off interest of $ .00, post charge-off non-interest
charges or fees and/or other balance adjustments of $ .00,
less post charge-off payments, balance adjustments and/or credits made
on the debt of $ .00 .
10. A copy of the charge-off statement issued for the account at issue
is attached hereto.
WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of
$ 4,285.75 and the costs and disbursements of this action.
RUBIN & ROTHMAN, LLC
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 130-1.1(c)
of the Rules of the Chief Adm. and the matter was not obtained through
illegal conduct or in violation of 22 NYCRR 1200, Rul 4.5.
Dated: 12/2W2023 .
JONAT A BARRETO
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. 2110651
OUR F1LE NO 1539143 X 103 0- 0 V SZM 000
000006741133
3 of 3
Document Filed Date
December 29, 2023
Case Filing Date
December 29, 2023
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: SULLIVAN COUNTY CLERK 12/29/2023 10:05 AM Index#E2023-2035 INDEX NO. E2023-2035 NYSCEFSUPREME COURT DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED 12/29/2023 NYSCEF: 12/29/2023 COUNTY OF SULLIVAN Date Filed: --------------------....--------------.. CITIBANK, N.A. SUCCESSOR BY MERGER TO DEPARTMENT STORES NATIONAL BANK SUMMONS (ORIGINAL) Plaintiff -against- PHILIP P STROPOLI The basis of venue is: DEFENDANT'S RESIDENCE Defendant(s) Plaintiff's Residence: ---------------------------------------- 5800 SOUTH CORPORATE PLACE SIOUX FALLS, SD 57108 CONSUMER CREDIT TRANSACTION County of LINCOLN 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 RUBIN & ROTHMAN, LC 12/28/2023 Attorneys for Plaintiff 1787 Veterans Highway Islandia, N.Y. 11749 (631) 234-1500 DEFENDANT(S) ADDRESS: PHILIP P STROPOLI 160 YULAN BARRYVILLE RD BARRYVILLE, NY 12719-5231 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. 2110651 Our File No 1539143 Y 101 0- 0 V SZM 000 000006741133 1 of 3 FILED: SULLIVAN COUNTY CLERK 12/29/2023 10:05 AM INDEX NO. E2023-2035 NYSCEFSUPREME COURT DOC. NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/29/2023 COUNTY OF SULLIVAN --------------------....--------------.. Index# E2023-2035 CITIBAEK, N.A. SUCCESSOR BY MERGER TO DEPARTMENT STORES NATIONAL BANK Plaintiff -against- COMPLAINT (ORIGINAL) PHILIP P STROPOLI 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 bank located in South Dakota. 3. Defendant(s) used a revolving credit account with Plaintiff and agreed to make payments for goods and services charged, balance transfers, and/or cash advances made upon such card. 4. Defendant(s) later defaulted on the terms of the agreement. 5. The last payment was received on or about 2/23/23 in the amount of $ 119.69. 6. The last four digits of the account number printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer are 3973 7. The account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer is $ 3,328.98. 8. The plaintiff is the entity that owned the consumer credit account at the date of default giving rise to the cause of action and is the original creditor as defined by CPLR 105(q-1). 2 of 3 FILED: SULLIVAN COUNTY CLERK 12/29/2023 10:05 AM INDEX NO. E2023-2035 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/29/2023 9. Defendant(s) failed to make the payments due pursuant to the credit account and $ 4,285.75 is now due and owing to plaintiff from defendant. This amount includes a charge-off balance of $ 4,285.75, post charge-off interest of $ .00, post charge-off non-interest charges or fees and/or other balance adjustments of $ .00, less post charge-off payments, balance adjustments and/or credits made on the debt of $ .00 . 10. A copy of the charge-off statement issued for the account at issue is attached hereto. WHEREFORE, plaintiff requests judgment against defendant(s) in the sum of $ 4,285.75 and the costs and disbursements of this action. RUBIN & ROTHMAN, LLC 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 130-1.1(c) of the Rules of the Chief Adm. and the matter was not obtained through illegal conduct or in violation of 22 NYCRR 1200, Rul 4.5. Dated: 12/2W2023 . JONAT A BARRETO 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. 2110651 OUR F1LE NO 1539143 X 103 0- 0 V SZM 000 000006741133 3 of 3