On April 23, 2018 a
Complaint,Petition
was filed
involving a dispute between
Portfolio Recovery Associates,Llc,
and
Philip Zmuda,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Erie County.
Preview
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FILED: ERIE COUNTY CLERK 04/23/2018 11:43 AM INDEX NO. 806318/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018
SUPREME COURT OF THE STATE OF NEW YORK INDEX # V
COUNTY OF ERIE SUMMONS
_______________________________________________ _
PORTFOLIO RECOVERY ASSOCIATES,LLC PLAINTIFF'S ADDRESS
PLAINTIFF, 120 CORPORATE BLVD
NORFOLK VA 23502
- AGAINST - X
DEFENDANT'S ADDRESSES ---.
PHILIP ZMUDA 5620 MEADOW DR
DEFENDANT(S) . HAMBURG NY 14075
-
CONSUMER CREDIT TRANSACTION
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF ERIE
THE TRANSACTION TOOK PLACE IN THE COUNTY OF ERIE
TO THE ABOVE NAMED DEFENDANT(S) : PHILIP ZMUDA
YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO
SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN
20 DAYS AFTER THE SERVICE OF THIS SUMMONS, i EXCLUSIVE OF THE DAY OF
SERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS
SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK) .
UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE
RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF
THIS ACTION.
DATED THE 15 DAY OF MARCH , 2018
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
E312001380612 60 MOTOR PARKWAY
ORIG CRED: SYNCHRONY BANK COMMACK, NY 11725
ORIG ACCT# END IN: 0612 (631) 393-9400
NOTE: THE LAW PROVIDES THAT:
(A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
THE COUNTY OF ERIE YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER
SUCH SERVICE: OR
(B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU
OR IS SERVED OUTSIDE THE COUNTY OF ERIE OR BY PUBLI-
PERSONALLY, ,
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF ERIE YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
DEFENDANT'S POB;
1 of 2
FILED: ERIE COUNTY CLERK 04/23/2018 11:43 AM INDEX NO. 806318/2018
NYSCEF DOC.
SUPREME
NO. 1
COURT OF THE STATE OF NEW YORK
RECEIVED NYSCEF: 04/23/2018
COUNTY OF ERIE FORMAL COMPLAINT
..._________-_____---_______________... _ _ ___...__ ____
PORTFOLIO RECOVERY ASSOCIATES,LLC
PLAINTIFF,
- AGAINST -
PHILIP ZMUDA
DEFENDANT(S).
____________________________----__..__--_________
PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON
INFORMATION AND BELIEF, ALLEGES:
1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS
BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY
IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT
THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION
2. ON INFORMATION AND BELIEF THE DEFENDANT IN PERSON OR THROUGH
AN AGENT MADE PURCHASES UNDER A CREDIT AGREEMENT
AT DEFENDANT'S REQUEST - A COPY OF WHICH WAS FURNISHED TO
DEFENDANT. PLAINTIFF, i AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY
OWNED BY THE BELOW CREDITOR, i PURCHASED IT FOR VALUE. ~ THE DEFENDANT WAS NOTIFIED
OF SAME.
3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 2,618.93 ,DUE AND
OWING ON PLAINTIFF'S CAUSE OF ACTION. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH
DULY DEMANDED.
4. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
1'
5. PLAINTIFF, i AS OWNER, i IS AUTHORIZED TO PROCEED WITH THIS ACTION.
CHAIN OF TITLE:
PORTFOLIO RECOVERY ASSOCIATES,LLC who purchased this account from SYNCHRONY
BANK on 02/19/2015.
THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN
THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT
IjUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF
2,618.93
TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION
WE ARE DEBT COLLECTORS; ANY FORSTER 6 GARBUS LLP
INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF
IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY
COMMACK, NY 11725
DATED: THE 15 DAY OF MARCH , 2018
VALERIEE.W S JOELD. LEiDERMANTESSE.GUNTHERTARAHJORDAN
PURSUANTTOPART130-1.1-aOFTHERULESOFTHE
CHIEFADMINISTRATORTHISSIGNATUREAPPLIES
TOTHEATTACHEDSUMMONSANDCOMPLAINT
E312001380612
2 of 2
Document Filed Date
April 23, 2018
Case Filing Date
April 23, 2018
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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†FILED: ERIE COUNTY CLERK 04/23/2018 11:43 AM INDEX NO. 806318/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/23/2018 SUPREME COURT OF THE STATE OF NEW YORK INDEX # V COUNTY OF ERIE SUMMONS _______________________________________________ _ PORTFOLIO RECOVERY ASSOCIATES,LLC PLAINTIFF'S ADDRESS PLAINTIFF, 120 CORPORATE BLVD NORFOLK VA 23502 - AGAINST - X DEFENDANT'S ADDRESSES ---. PHILIP ZMUDA 5620 MEADOW DR DEFENDANT(S) . HAMBURG NY 14075 - CONSUMER CREDIT TRANSACTION THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF ERIE THE TRANSACTION TOOK PLACE IN THE COUNTY OF ERIE TO THE ABOVE NAMED DEFENDANT(S) : PHILIP ZMUDA YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN 20 DAYS AFTER THE SERVICE OF THIS SUMMONS, i EXCLUSIVE OF THE DAY OF SERVICE (OR WITHIN 30 DAYS AFTER THE SERVICE IS COMPLETE IF THIS SUMMONS IS NOT PERSONALLY DELIVERED TO YOU WITHIN THE STATE OF NEW YORK) . UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION. DATED THE 15 DAY OF MARCH , 2018 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF E312001380612 60 MOTOR PARKWAY ORIG CRED: SYNCHRONY BANK COMMACK, NY 11725 ORIG ACCT# END IN: 0612 (631) 393-9400 NOTE: THE LAW PROVIDES THAT: (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY OF ERIE YOU MUST APPEAR AND ANSWER WITHIN 20 DAYS AFTER SUCH SERVICE: OR (B) IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU OR IS SERVED OUTSIDE THE COUNTY OF ERIE OR BY PUBLI- PERSONALLY, , CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF ERIE YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. DEFENDANT'S POB; 1 of 2 FILED: ERIE COUNTY CLERK 04/23/2018 11:43 AM INDEX NO. 806318/2018 NYSCEF DOC. SUPREME NO. 1 COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 04/23/2018 COUNTY OF ERIE FORMAL COMPLAINT ..._________-_____---_______________... _ _ ___...__ ____ PORTFOLIO RECOVERY ASSOCIATES,LLC PLAINTIFF, - AGAINST - PHILIP ZMUDA DEFENDANT(S). ____________________________----__..__--_________ PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON INFORMATION AND BELIEF, ALLEGES: 1. THAT THE DEFENDANT(S) RESIDES IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT; OR THAT THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT IN PERSON OR THROUGH HIS AGENT AND THAT THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION 2. ON INFORMATION AND BELIEF THE DEFENDANT IN PERSON OR THROUGH AN AGENT MADE PURCHASES UNDER A CREDIT AGREEMENT AT DEFENDANT'S REQUEST - A COPY OF WHICH WAS FURNISHED TO DEFENDANT. PLAINTIFF, i AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY OWNED BY THE BELOW CREDITOR, i PURCHASED IT FOR VALUE. ~ THE DEFENDANT WAS NOTIFIED OF SAME. 3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 2,618.93 ,DUE AND OWING ON PLAINTIFF'S CAUSE OF ACTION. NO PART OF SAID SUM HAS BEEN PAID ALTHOUGH DULY DEMANDED. 4. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. 1' 5. PLAINTIFF, i AS OWNER, i IS AUTHORIZED TO PROCEED WITH THIS ACTION. CHAIN OF TITLE: PORTFOLIO RECOVERY ASSOCIATES,LLC who purchased this account from SYNCHRONY BANK on 02/19/2015. THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT IjUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF 2,618.93 TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION WE ARE DEBT COLLECTORS; ANY FORSTER 6 GARBUS LLP INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY COMMACK, NY 11725 DATED: THE 15 DAY OF MARCH , 2018 VALERIEE.W S JOELD. LEiDERMANTESSE.GUNTHERTARAHJORDAN PURSUANTTOPART130-1.1-aOFTHERULESOFTHE CHIEFADMINISTRATORTHISSIGNATUREAPPLIES TOTHEATTACHEDSUMMONSANDCOMPLAINT E312001380612 2 of 2