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INDEX NO. EF16-755
(FILED: CORTLAND COUNTY CLERK 1171772016 I1:16 AM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/17/2016
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTY OF CORTLAND STATE OF NEW YORK
AMERICAN EXPRESS BANK, FSB, Index No.
Plaintiff
- vs. - SUMMONS
MANUEL A CASTELLOT , The basis of the venue designated is
Defendant’s residence.
3296 ZELSNACK RD
MARATHON, NY 13803 Plaintiff's address:
Defendant(s) 4315 S. 2700 West
Salt Lake City, UT 84148
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 on the attorneys for plaintiff within 20 days after the service of the
Summons, exclusive of the days 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); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded herein. The basis of venue is the Defendant(s) residence.
(STEVEN P. BANN, ESQ.
}<] ALEX CAMERON, ESQ.
[ ] ANNA LUISA LOISELLE, ESQ.
[ ] JASON P. VERHAGEN, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
100 CORPORATE WOODS, SUITE 230
ROCHESTER, NY 14623
(585)427-0482
TM
EF16-755
11/17/2016 11:16:41 AM
Pages 3
SUMMONS + COMPLAINT
Elizabeth Larkin, County Clerk
1 of 3
SUPREME COURT
COUNTY OF CORTLAND STATE OF NEW YORK
AMERICAN EXPRESS BANK, FSB, Index No.
Plaintiff,
VS. COMPLAINT
MANUEL A CASTELLOT ,
Defendant(s).
PLAINTIFF, by and through its attorneys, Zwicker & Associates P.C., complaining of
Defendant(s), respectfully alleges upon information and belief.
FOR A FIRST CAUSE OF ACTION
1 Plaintiff is a federal savings bank organized under the laws of the United States of
America, with a principal place of business in Salt Lake City, Utah.
2 That upon information and belief the Defendant(s) is/are a resident of the county where
this action is brought.
3 That the Defendant(s) entered into a credit agreement (“Agreement”) with the Plaintiff
consisting of account ending in 1004.
4 That the Defendant(s) breached the terms of the aforementioned Agreement.
5 That there is now due and owing to the Plaintiff from the Defendant(s) as a result of the
aforementioned breach of the Agreement by the Defendant(s), the sum of $32,607.00.
IN THE ALTERNATIVE
6 Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 5.
7. That the parties entered into a credit relationship whereby Plaintiff extended credit
services to Defendant(s) based upon the promise of Defendant(s) to pay for the same. Plaintiff
performed all obligations it had under the Agreement and Plaintiff presented the Defendant(s)
with statement(s) of sum(s) due from the Defendant(s). Pursuant to the historical financial
transactions between the Plaintiff and Defendant, the amount due from the Defendant(s) to the
Plaintiff is $32,607.00. In spite of the Plaintiff's demands for Defendant(s) to pay the
outstanding amounts due, the Defendant(s) has/have failed, refused, and/or neglected to pay the
balance due. Therefore, the Plaintiff is entitled to judgment against the Defendant(s) based upon
an account stated.
2 of 3
WHEREFORE the Plaintiff, AMERICAN EXPRESS BANK, FSB, demands judgment
against the Defendant(s), MANUEL A CASTELLOT, for the sum of $32,607.00, the costs and
disbursements of this action, and for such other and further relief as the Court deems just and
proper.
P. BA "ESQ.
§ALEX CAMERON, ESQ.
[ ] ANNA LUISA LOISELLE, ESQ.
[ ] JASON P. VERHAGEN, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
100 CORPORATE WOODS, SUITE 230
ROCHESTER, NY 14623
(585)427-0482
3 of 3
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INDEX NO. EF16-755 (FILED: CORTLAND COUNTY CLERK 1171772016 I1:16 AM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/17/2016 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTY OF CORTLAND STATE OF NEW YORK AMERICAN EXPRESS BANK, FSB, Index No. Plaintiff - vs. - SUMMONS MANUEL A CASTELLOT , The basis of the venue designated is Defendant’s residence. 3296 ZELSNACK RD MARATHON, NY 13803 Plaintiff's address: Defendant(s) 4315 S. 2700 West Salt Lake City, UT 84148 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 on the attorneys for plaintiff within 20 days after the service of the Summons, exclusive of the days 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); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. The basis of venue is the Defendant(s) residence. (STEVEN P. BANN, ESQ. }<] ALEX CAMERON, ESQ. [ ] ANNA LUISA LOISELLE, ESQ. [ ] JASON P. VERHAGEN, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 100 CORPORATE WOODS, SUITE 230 ROCHESTER, NY 14623 (585)427-0482 TM EF16-755 11/17/2016 11:16:41 AM Pages 3 SUMMONS + COMPLAINT Elizabeth Larkin, County Clerk 1 of 3 SUPREME COURT COUNTY OF CORTLAND STATE OF NEW YORK AMERICAN EXPRESS BANK, FSB, Index No. Plaintiff, VS. COMPLAINT MANUEL A CASTELLOT , Defendant(s). PLAINTIFF, by and through its attorneys, Zwicker & Associates P.C., complaining of Defendant(s), respectfully alleges upon information and belief. FOR A FIRST CAUSE OF ACTION 1 Plaintiff is a federal savings bank organized under the laws of the United States of America, with a principal place of business in Salt Lake City, Utah. 2 That upon information and belief the Defendant(s) is/are a resident of the county where this action is brought. 3 That the Defendant(s) entered into a credit agreement (“Agreement”) with the Plaintiff consisting of account ending in 1004. 4 That the Defendant(s) breached the terms of the aforementioned Agreement. 5 That there is now due and owing to the Plaintiff from the Defendant(s) as a result of the aforementioned breach of the Agreement by the Defendant(s), the sum of $32,607.00. IN THE ALTERNATIVE 6 Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 5. 7. That the parties entered into a credit relationship whereby Plaintiff extended credit services to Defendant(s) based upon the promise of Defendant(s) to pay for the same. Plaintiff performed all obligations it had under the Agreement and Plaintiff presented the Defendant(s) with statement(s) of sum(s) due from the Defendant(s). Pursuant to the historical financial transactions between the Plaintiff and Defendant, the amount due from the Defendant(s) to the Plaintiff is $32,607.00. In spite of the Plaintiff's demands for Defendant(s) to pay the outstanding amounts due, the Defendant(s) has/have failed, refused, and/or neglected to pay the balance due. Therefore, the Plaintiff is entitled to judgment against the Defendant(s) based upon an account stated. 2 of 3 WHEREFORE the Plaintiff, AMERICAN EXPRESS BANK, FSB, demands judgment against the Defendant(s), MANUEL A CASTELLOT, for the sum of $32,607.00, the costs and disbursements of this action, and for such other and further relief as the Court deems just and proper. P. BA "ESQ. §ALEX CAMERON, ESQ. [ ] ANNA LUISA LOISELLE, ESQ. [ ] JASON P. VERHAGEN, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 100 CORPORATE WOODS, SUITE 230 ROCHESTER, NY 14623 (585)427-0482 3 of 3