Preview
FILED: ULSTER COUNTY CLERK 09/01/2021 11:21 AM INDEX NO. EF2021-2453
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021
STATE OF NEW YORK
COUNTY COURT COUNTY OF ULSTER
PORTFOLIO RECOVERY ASSOCIATES, LLC, CONSUMER CREDIT TRANSACTION
120 CORPORATE BLVD
NORFOLK, VA 23502 SUMMONS
PLAINTIFF,
Index No:
- agains t -
SALVATORE LAMONTE
92 BROAD ST
WEST HURLEY NY 12491-5405,
DEFENDANT.
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF ULSTER
THE TRANSACTION TOOK PLACE IN THE COUNTY OF ULSTER
PLEASE TAKE NOTICE YOU ARE HEREBY SUMMONED to answer inULSTER COUNTY COURT,
244 FAIR STREET KINGSTON, NY 12401, the annexed verified comphint inthis action and to serve a copy
of your answer on the Phintiffs Attorney within twenty (20) days afterthe service of thissummons, exclusive of
the day of service, where service ismade by delivery upon you personally within New York State, or within
thirty(30) days afterthe completion of service where service ismade in any other manner. In case of your failure
to appear or answer, judgment may be taken against you by defaultfor the reliefdemanded inthe compkint.
The basis for venue isthat the Defendant isthe resident of 92 BROAD ST, WEST HURLEY NY 12491-5405
and istherefore subject to the jurisdiction of the court.
Dated: , 2021 ___
isa L. Muratore, Esq.
[ ] Kristen S. Mantyla, Esq.
[ ] Sheena Daneshyar, Esq.
PORTFOLIO RECOVERY ASSOCIATES, LLC
100 Park Avenue, Suite 1600
New York, New York 10017
File No: 23378196 866/428-8102
NOTE: The hws or rules of court provide that:
(a) Ifthis sunmons isserved by itsdeliverto you, or (for corporation) an agent authorized to receive service
personally within the County of ULSTER, youmust answer within 20 days after such service; or
(b) Ifthis summons isserved otherwise than as designated in subdivision A above you are allowed THIRTY
days to Answer afterthe proof of service thereof isfiled with the Clerk of thisCourt.
(c) You are required to filea copy of your answer together with proof of service with the clerk of the district
inwhich the action isbrought within 10 days of the service of the answer.
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FILED: ULSTER COUNTY CLERK 09/01/2021 11:21 AM INDEX NO. EF2021-2453
NYSCEF STATE
DOC. OFNO.NEW1 YORK RECEIVED NYSCEF: 09/01/2021
COUltTY COURT COUNTY OF ULSTER
Index No.:
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD.
NORFOLK, VA 23502
PLAINTIFF, COMPLAINT
-against-
SALVATORE LAMONTE
92 BROAD ST
WEST HURLEY NY 12491-5405,
DEFENDANT.
Plaintiff,PortfolioRecovery Associates, LLC (hereinafter "Plaintiff"),
by and through itsattorneys, as
and foritscomplaint against the Defendant SALVATORE LAMONTE (hereinafter "Defendant") alleges as follows:
1. Plaintiffisa Delaware Limited LiabilityCompany authorized to do business in New York with itsprincipal
place of business at Riverside Coremerce Center, 120 Corporate Blvd, Norfolk, VA 23502.
2. Upon information and belief, Defendant resides at 92 BROAD ST, WEST HURLEY NY 12491-5405.
3. A(n) SYNCHRONY BANK/AMAZON.COM credit account was issued to Defendant on or about June 12,
2015, with an account number at the time of charge off ending in ************0685 (hereinafter "Account").
Defendant used, or authorized the use of, the Account to make purchases and/or transactions. Defendant received
periodic billingstatements for the Account. Defendant defaulted inmaking the required payments. Subseqaently,
Plaintiffwas assigned and transferred allrights,title,and interestin theAccount. On or about February 20, 2019 the
Account was assigned, transferred, and soldto the Plaintiffby SYNCHRONY BANK.
FIRST CAUSE OF ACTION (Account Stated)
4. Plaintiffrepeats and realleges the allegations in paragraphs 1-3 of the compkint as iffully set forthherein.
5. Defendant isindebted to Plaintiffinthe sum of $1,265.97 as a balance due on the Account for charges incurred
or authorized by Defendant under the account agreement and creditprivileges provided by Plaintiffspredecessor.
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FILED: ULSTER COUNTY CLERK 09/01/2021 11:21 AM INDEX NO. EF2021-2453
NYSCEF 6. DOC.Defendant
NO. 1 was provided account statements showing the balance due on the Account. Defendant
RECEIVED agreed
NYSCEF: toan09/01/2021
.
ilBcount stated balance due of $1,265.97. The amount currently due and owing on the accõüüt is$1,265.97.
7. Demand has been made upon Defendant for the balance due. Despite said demand, Defendant has failed and
refused to pay.
SECOND CAUSE OF ACTION (Bre ach of Contract)
8. Plaintiffrepeats and reallegesthe allegations contaked in paragraphs 1 through 7 as iffullyset forth herein.
9. Upon Defendant's request, Original Creditor issued the Account for the Defendant's use and benefit.
10. Under the Account agreement, Defendant used or authorized the use of the Account and thereby incurred
charges and otherwise used creditprivileges provided under the Account agreement.
11. In exchange for said valuable consideration, Defendant agreed to make periodic payments toward the full
amount due as detaHed within the Account agreement. By using and/or authorizing the use of the Account Defendant
accepted and became subject to allthe terms and conditions of the Account agreement.
12. Defendant had breached the Account agreement by defaulting on the payment obligations. As a resultof said
breach, Defendant's debt to Plaintiff
isdue and owing for the totalsum of $1,265.97.
WHEREFORE, Plaintiffdemands judgment against the Defendant as follows:
1. for the principalsum of $1,265.97;
2. allcourt costs of thisaction;
3. along with any otherfurther reliefas the court may deem just and proper.
Dated: _
sta L. Muratore, Esq.
[ ] Kristen S. Mantyla, Esq.
[ } Sheena Daneshyar, Esq.
PORTFOLIO RECOVERY ASSOCIATES, LLC
100 Park Avenue, Suite 1600
New York, New York 10017
866/428-8102
FILE #: 23378196
3 of 3
Preview
FILED: ULSTER COUNTY CLERK 09/01/2021 11:21 AM INDEX NO. EF2021-2453 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/01/2021 STATE OF NEW YORK COUNTY COURT COUNTY OF ULSTER PORTFOLIO RECOVERY ASSOCIATES, LLC, CONSUMER CREDIT TRANSACTION 120 CORPORATE BLVD NORFOLK, VA 23502 SUMMONS PLAINTIFF, Index No: - agains t - SALVATORE LAMONTE 92 BROAD ST WEST HURLEY NY 12491-5405, DEFENDANT. THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF ULSTER THE TRANSACTION TOOK PLACE IN THE COUNTY OF ULSTER PLEASE TAKE NOTICE YOU ARE HEREBY SUMMONED to answer inULSTER COUNTY COURT, 244 FAIR STREET KINGSTON, NY 12401, the annexed verified comphint inthis action and to serve a copy of your answer on the Phintiffs Attorney within twenty (20) days afterthe service of thissummons, exclusive of the day of service, where service ismade by delivery upon you personally within New York State, or within thirty(30) days afterthe completion of service where service ismade in any other manner. In case of your failure to appear or answer, judgment may be taken against you by defaultfor the reliefdemanded inthe compkint. The basis for venue isthat the Defendant isthe resident of 92 BROAD ST, WEST HURLEY NY 12491-5405 and istherefore subject to the jurisdiction of the court. Dated: , 2021 ___ isa L. Muratore, Esq. [ ] Kristen S. Mantyla, Esq. [ ] Sheena Daneshyar, Esq. PORTFOLIO RECOVERY ASSOCIATES, LLC 100 Park Avenue, Suite 1600 New York, New York 10017 File No: 23378196 866/428-8102 NOTE: The hws or rules of court provide that: (a) Ifthis sunmons isserved by itsdeliverto you, or (for corporation) an agent authorized to receive service personally within the County of ULSTER, youmust answer within 20 days after such service; or (b) Ifthis summons isserved otherwise than as designated in subdivision A above you are allowed THIRTY days to Answer afterthe proof of service thereof isfiled with the Clerk of thisCourt. (c) You are required to filea copy of your answer together with proof of service with the clerk of the district inwhich the action isbrought within 10 days of the service of the answer. 1 of 3 FILED: ULSTER COUNTY CLERK 09/01/2021 11:21 AM INDEX NO. EF2021-2453 NYSCEF STATE DOC. OFNO.NEW1 YORK RECEIVED NYSCEF: 09/01/2021 COUltTY COURT COUNTY OF ULSTER Index No.: PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD. NORFOLK, VA 23502 PLAINTIFF, COMPLAINT -against- SALVATORE LAMONTE 92 BROAD ST WEST HURLEY NY 12491-5405, DEFENDANT. Plaintiff,PortfolioRecovery Associates, LLC (hereinafter "Plaintiff"), by and through itsattorneys, as and foritscomplaint against the Defendant SALVATORE LAMONTE (hereinafter "Defendant") alleges as follows: 1. Plaintiffisa Delaware Limited LiabilityCompany authorized to do business in New York with itsprincipal place of business at Riverside Coremerce Center, 120 Corporate Blvd, Norfolk, VA 23502. 2. Upon information and belief, Defendant resides at 92 BROAD ST, WEST HURLEY NY 12491-5405. 3. A(n) SYNCHRONY BANK/AMAZON.COM credit account was issued to Defendant on or about June 12, 2015, with an account number at the time of charge off ending in ************0685 (hereinafter "Account"). Defendant used, or authorized the use of, the Account to make purchases and/or transactions. Defendant received periodic billingstatements for the Account. Defendant defaulted inmaking the required payments. Subseqaently, Plaintiffwas assigned and transferred allrights,title,and interestin theAccount. On or about February 20, 2019 the Account was assigned, transferred, and soldto the Plaintiffby SYNCHRONY BANK. FIRST CAUSE OF ACTION (Account Stated) 4. Plaintiffrepeats and realleges the allegations in paragraphs 1-3 of the compkint as iffully set forthherein. 5. Defendant isindebted to Plaintiffinthe sum of $1,265.97 as a balance due on the Account for charges incurred or authorized by Defendant under the account agreement and creditprivileges provided by Plaintiffspredecessor. 2 of 3 FILED: ULSTER COUNTY CLERK 09/01/2021 11:21 AM INDEX NO. EF2021-2453 NYSCEF 6. DOC.Defendant NO. 1 was provided account statements showing the balance due on the Account. Defendant RECEIVED agreed NYSCEF: toan09/01/2021 . ilBcount stated balance due of $1,265.97. The amount currently due and owing on the accõüüt is$1,265.97. 7. Demand has been made upon Defendant for the balance due. Despite said demand, Defendant has failed and refused to pay. SECOND CAUSE OF ACTION (Bre ach of Contract) 8. Plaintiffrepeats and reallegesthe allegations contaked in paragraphs 1 through 7 as iffullyset forth herein. 9. Upon Defendant's request, Original Creditor issued the Account for the Defendant's use and benefit. 10. Under the Account agreement, Defendant used or authorized the use of the Account and thereby incurred charges and otherwise used creditprivileges provided under the Account agreement. 11. In exchange for said valuable consideration, Defendant agreed to make periodic payments toward the full amount due as detaHed within the Account agreement. By using and/or authorizing the use of the Account Defendant accepted and became subject to allthe terms and conditions of the Account agreement. 12. Defendant had breached the Account agreement by defaulting on the payment obligations. As a resultof said breach, Defendant's debt to Plaintiff isdue and owing for the totalsum of $1,265.97. WHEREFORE, Plaintiffdemands judgment against the Defendant as follows: 1. for the principalsum of $1,265.97; 2. allcourt costs of thisaction; 3. along with any otherfurther reliefas the court may deem just and proper. Dated: _ sta L. Muratore, Esq. [ ] Kristen S. Mantyla, Esq. [ } Sheena Daneshyar, Esq. PORTFOLIO RECOVERY ASSOCIATES, LLC 100 Park Avenue, Suite 1600 New York, New York 10017 866/428-8102 FILE #: 23378196 3 of 3