On January 29, 2021 a
Complaint,Petition
was filed
involving a dispute between
Lvnv Funding Llc,
and
Donald Warner,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Cortland County.
Preview
FILED: CORTLAND COUNTY CLERK 01/29/2021 03:11 PM INDEX NO. EF21-047
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V
01/29/2021 V
COUNTY OF CORTLAND SUMMONS
LVNV FUNDING LLC PLAINTIFF'S ADDRESS
PLAINTIFF, 6801 S CIMARRON 424J
LAS VEGAS NV 89113 ;g
- AGAINST - X
DEFENDANT'S ADDRESSES
DONALD WARNER 6006 US ROUTE 11
DEFENDANT(S). HOMER NY 13077-9448
CONSUMER CREDIT TRANSACTION
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF CORTLAND
THE TRANSACTION TOOK PLACE IN THE COUNTY OF CORTLAND
TO THE ABOVE NAMED DEFENDANT(S): DONALD WARNER
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, 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 7 DAY OF JANUARY , 2021
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
Q64682420628 60 MOTOR PARKWAY
ORIG CRED: COMENITY CAPITAL BANK COMMACK, NY 11725
ORIG ACCT# END IN: 1160 (631) 393-9400
NOTE: THE LAW PROVIDES THAT:
(A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
THE COUNTY OF CORTLAND 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 CORTLAND OR BY PUBLI-
PERSONALLY, ,
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF CORTLAND YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
2021288483
EF21-047
01/29/2021 03:11:01PM
Pages 2
SUMMONS + COMPLAINT
III I Elizabeth Larkin, County Clerk
1 of 2
FILED: CORTLAND COUNTY CLERK 01/29/2021 03:11 PM INDEX NO. EF21-047
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 01/29/2021
COUNTY OF CORTLAND FORMAL COMPLAINT
________________________________________________
LVNV FUNDING LLC
PLAINTIFF,
- AGAINST -
DONALD WARNER
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, AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY
OWNED BY THE BELOW CREDITOR, PURCHASED IT FOR VALUE. THE DEFENDANT WAS NOTIFIED
OF SAME.
3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 2,468.59 ,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.
CHAIN OF TITLE:
LVNV Funding LLC who purchased this account from Sherman Originator LLC on
05/15/2019 who purchased this account from Sherman Originator III LLC on
05/15/2019 who purchased this account from Comenity Capital Bank on 05/15/2019.
DEFAULT DATE 11/01/2018. ORIGINAL CREDITOR: COMENITY CAPITAL BANK
ORIGINAL ACCOUNT NUMBER ENDING IN: 1160
ON INFORMATION AND BELIEF THE CAUSES OF ACTION ASSERTED THEREIN ARE NOT
OUTSIDE OF THE APPLICABLE STATUTE OF LIMITATIONS FOR ENFORCING THE DEBT.
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 AGAINST DEFENDANT(S) FOR THE SUM OF
2,468.59
TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION
WE ARE DEBT COLLECTORS; ANY FORSTER & 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 7 DAY OF JANUARY , 2021
TESS GUNTHER H JORDANANNETTE T. ALTMAN MICHAELFLORIO
PURSUANTTOPART130-1.1-aOF THERULESOFTHE
CHIEFADMINISTRATORTHISSIGNATUREAPPLIES
TOTHEATTACHEDSUMMONSANDCOMPLAINT
Q64682420628 2 of 2
Document Filed Date
January 29, 2021
Case Filing Date
January 29, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CORTLAND COUNTY CLERK 01/29/2021 03:11 PM INDEX NO. EF21-047 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V 01/29/2021 V COUNTY OF CORTLAND SUMMONS LVNV FUNDING LLC PLAINTIFF'S ADDRESS PLAINTIFF, 6801 S CIMARRON 424J LAS VEGAS NV 89113 ;g - AGAINST - X DEFENDANT'S ADDRESSES DONALD WARNER 6006 US ROUTE 11 DEFENDANT(S). HOMER NY 13077-9448 CONSUMER CREDIT TRANSACTION THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF CORTLAND THE TRANSACTION TOOK PLACE IN THE COUNTY OF CORTLAND TO THE ABOVE NAMED DEFENDANT(S): DONALD WARNER 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, 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 7 DAY OF JANUARY , 2021 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF Q64682420628 60 MOTOR PARKWAY ORIG CRED: COMENITY CAPITAL BANK COMMACK, NY 11725 ORIG ACCT# END IN: 1160 (631) 393-9400 NOTE: THE LAW PROVIDES THAT: (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY OF CORTLAND 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 CORTLAND OR BY PUBLI- PERSONALLY, , CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF CORTLAND YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. 2021288483 EF21-047 01/29/2021 03:11:01PM Pages 2 SUMMONS + COMPLAINT III I Elizabeth Larkin, County Clerk 1 of 2 FILED: CORTLAND COUNTY CLERK 01/29/2021 03:11 PM INDEX NO. EF21-047 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 01/29/2021 COUNTY OF CORTLAND FORMAL COMPLAINT ________________________________________________ LVNV FUNDING LLC PLAINTIFF, - AGAINST - DONALD WARNER 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, AS PURCHASER OF THIS ACCOUNT, WHICH WAS ORIGINALLY OWNED BY THE BELOW CREDITOR, PURCHASED IT FOR VALUE. THE DEFENDANT WAS NOTIFIED OF SAME. 3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 2,468.59 ,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. CHAIN OF TITLE: LVNV Funding LLC who purchased this account from Sherman Originator LLC on 05/15/2019 who purchased this account from Sherman Originator III LLC on 05/15/2019 who purchased this account from Comenity Capital Bank on 05/15/2019. DEFAULT DATE 11/01/2018. ORIGINAL CREDITOR: COMENITY CAPITAL BANK ORIGINAL ACCOUNT NUMBER ENDING IN: 1160 ON INFORMATION AND BELIEF THE CAUSES OF ACTION ASSERTED THEREIN ARE NOT OUTSIDE OF THE APPLICABLE STATUTE OF LIMITATIONS FOR ENFORCING THE DEBT. 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 AGAINST DEFENDANT(S) FOR THE SUM OF 2,468.59 TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION WE ARE DEBT COLLECTORS; ANY FORSTER & 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 7 DAY OF JANUARY , 2021 TESS GUNTHER H JORDANANNETTE T. ALTMAN MICHAELFLORIO PURSUANTTOPART130-1.1-aOF THERULESOFTHE CHIEFADMINISTRATORTHISSIGNATUREAPPLIES TOTHEATTACHEDSUMMONSANDCOMPLAINT Q64682420628 2 of 2