Preview
FILED: TIOGA COUNTY CLERK 02/16/2022 03:49 PM INDEX NO. 2022-00062365
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
PORTFOLIO RECOVERY ASSOCIATES, LLC, CONSUMER CREDIT TRANSACTION
120 CORPORATE BLVD
NORFOLK, VA 23502 SUMMONS
PLAINTIFF,
Index No: _______________
- against -
CHRISTOPHER T HUBBELL
68 VANWOERT RD
SPENCER NY 14883-9725,
DEFENDANT.
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF TIOGA
THE TRANSACTION TOOK PLACE IN THE COUNTY OF TIOGA
PLEASE TAKE NOTICE YOU ARE HEREBY SUMMONED to answer in TIOGA COUNTY SUPREME
COURT, 16 COURT STREET OWEGO NY 13827, the annexed verified complaint in this action and to serve a
copy of your answer on the Plaintiff's Attorney within twenty (20) days after the service of this summons,
exclusive of the day of service, where service is made by delivery upon you personally within New York State, or
within thirty (30) days after the completion of service where service is made in any other manner. In case of your
failure to appear or answer, judgment may be taken against you by default for the relief demanded in the complaint.
The basis for venue is that the Consumer Credit transaction took place in the County of TIOGA and that the
Defendant is the resident of 68 VANWOERT RD, SPENCER NY 14883-9725 and is therefore subject to the
jurisdiction of the court.
Dated January 28, 2022 /s/Christa L. Muratore
[ ] Christa 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: 23479718 866/428-8102
NOTE: The laws or rules of court provide that:
(a) If this summons is served by its deliver to you, or (for corporation) an agent authorized to receive service
personally within the County of TIOGA, you must answer within 20 days after such service; or
(b) If this summons is served otherwise than as designated in subdivision A above you are allowed THIRTY
days to Answer after the proof of service thereof is filed with the Clerk of this Court.
(c) You are required to file a copy of your answer together with proof of service with the clerk of the district in
which the action is brought within 10 days of the service of the answer.
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FILED: TIOGA COUNTY CLERK 02/16/2022 03:49 PM INDEX NO. 2022-00062365
SUPREME COURT OF THE STATE OF NEW YORK
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/16/2022
COUNTY OF TIOGA
Index No.:______________
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD.
NORFOLK, VA 23502
PLAINTIFF, COMPLAINT
-against-
CHRISTOPHER T HUBBELL
68 VANWOERT RD
SPENCER NY 14883-9725,
DEFENDANT.
Plaintiff, Portfolio Recovery Associates, LLC (hereinafter “Plaintiff”), by and through its attorneys, as
and for its complaint against the Defendant CHRISTOPHER T HUBBELL (hereinafter “Defendant”) alleges as follows:
1. Plaintiff is a Delaware Limited Liability Company authorized to do business in New York with its principal place
of business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502.
2. Upon information and belief, Defendant resides at 68 VANWOERT RD, SPENCER NY 14883-9725.
3. A(n) CITIBANK, N.A./SEARS credit account was issued to Defendant on or about January 4, 2015, with an
account number at the time of charge off ending in ************8798 (hereinafter "Account"). Defendant used, or
authorized the use of, the Account to make purchases and/or transactions. Defendant received periodic billing
statements for the Account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was
assigned and transferred all rights, title, and interest in the Account. On or about January 30, 2020 the Account was
assigned, transferred, and sold to the Plaintiff by CITIBANK, N.A..
FIRST CAUSE OF ACTION (Account Stated)
4. Plaintiff repeats and realleges the allegations in paragraphs 1-3 of the complaint as if fully set forth herein.
5. Defendant is indebted to Plaintiff in the sum of $4,428.97 as a balance due on the Account for charges incurred
or authorized by Defendant under the account agreement and credit privileges provided by Plaintiff's predecessor.
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FILED: TIOGA COUNTY CLERK 02/16/2022 03:49 PM INDEX NO. 2022-00062365
6. Defendant was provided account statements showing the balance due on the Account. Defendant agreed to an
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/16/2022
account stated balance due of $4,428.97. The amount currently due and owing on the account is $4,428.97.
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 (Breach of Contract)
8. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 7 as if fully set 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 credit privileges provided under the Account agreement.
11. In exchange for said valuable consideration, Defendant agreed to make periodic payments toward the full
amount due as detailed within the Account agreement. By using and/or authorizing the use of the Account Defendant
accepted and became subject to all the terms and conditions of the Account agreement.
12. Defendant had breached the Account agreement by defaulting on the payment obligations. As a result of said
breach, Defendant's debt to Plaintiff is due and owing for the total sum of $4,428.97.
WHEREFORE, Plaintiff demands judgment against the Defendant as follows:
1. for the principal sum of $4,428.97;
2. all court costs of this action;
3. along with any other further relief as the court may deem just and proper.
Dated: January 28, 2022 /s/Christa L. Muratore
[ ] Christa 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 #: 23479718
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Preview
FILED: TIOGA COUNTY CLERK 02/16/2022 03:49 PM INDEX NO. 2022-00062365 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA PORTFOLIO RECOVERY ASSOCIATES, LLC, CONSUMER CREDIT TRANSACTION 120 CORPORATE BLVD NORFOLK, VA 23502 SUMMONS PLAINTIFF, Index No: _______________ - against - CHRISTOPHER T HUBBELL 68 VANWOERT RD SPENCER NY 14883-9725, DEFENDANT. THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF TIOGA THE TRANSACTION TOOK PLACE IN THE COUNTY OF TIOGA PLEASE TAKE NOTICE YOU ARE HEREBY SUMMONED to answer in TIOGA COUNTY SUPREME COURT, 16 COURT STREET OWEGO NY 13827, the annexed verified complaint in this action and to serve a copy of your answer on the Plaintiff's Attorney within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within New York State, or within thirty (30) days after the completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment may be taken against you by default for the relief demanded in the complaint. The basis for venue is that the Consumer Credit transaction took place in the County of TIOGA and that the Defendant is the resident of 68 VANWOERT RD, SPENCER NY 14883-9725 and is therefore subject to the jurisdiction of the court. Dated January 28, 2022 /s/Christa L. Muratore [ ] Christa 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: 23479718 866/428-8102 NOTE: The laws or rules of court provide that: (a) If this summons is served by its deliver to you, or (for corporation) an agent authorized to receive service personally within the County of TIOGA, you must answer within 20 days after such service; or (b) If this summons is served otherwise than as designated in subdivision A above you are allowed THIRTY days to Answer after the proof of service thereof is filed with the Clerk of this Court. (c) You are required to file a copy of your answer together with proof of service with the clerk of the district in which the action is brought within 10 days of the service of the answer. 1 of 3 FILED: TIOGA COUNTY CLERK 02/16/2022 03:49 PM INDEX NO. 2022-00062365 SUPREME COURT OF THE STATE OF NEW YORK NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/16/2022 COUNTY OF TIOGA Index No.:______________ PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD. NORFOLK, VA 23502 PLAINTIFF, COMPLAINT -against- CHRISTOPHER T HUBBELL 68 VANWOERT RD SPENCER NY 14883-9725, DEFENDANT. Plaintiff, Portfolio Recovery Associates, LLC (hereinafter “Plaintiff”), by and through its attorneys, as and for its complaint against the Defendant CHRISTOPHER T HUBBELL (hereinafter “Defendant”) alleges as follows: 1. Plaintiff is a Delaware Limited Liability Company authorized to do business in New York with its principal place of business at Riverside Commerce Center, 120 Corporate Blvd, Norfolk, VA 23502. 2. Upon information and belief, Defendant resides at 68 VANWOERT RD, SPENCER NY 14883-9725. 3. A(n) CITIBANK, N.A./SEARS credit account was issued to Defendant on or about January 4, 2015, with an account number at the time of charge off ending in ************8798 (hereinafter "Account"). Defendant used, or authorized the use of, the Account to make purchases and/or transactions. Defendant received periodic billing statements for the Account. Defendant defaulted in making the required payments. Subsequently, Plaintiff was assigned and transferred all rights, title, and interest in the Account. On or about January 30, 2020 the Account was assigned, transferred, and sold to the Plaintiff by CITIBANK, N.A.. FIRST CAUSE OF ACTION (Account Stated) 4. Plaintiff repeats and realleges the allegations in paragraphs 1-3 of the complaint as if fully set forth herein. 5. Defendant is indebted to Plaintiff in the sum of $4,428.97 as a balance due on the Account for charges incurred or authorized by Defendant under the account agreement and credit privileges provided by Plaintiff's predecessor. 2 of 3 FILED: TIOGA COUNTY CLERK 02/16/2022 03:49 PM INDEX NO. 2022-00062365 6. Defendant was provided account statements showing the balance due on the Account. Defendant agreed to an NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/16/2022 account stated balance due of $4,428.97. The amount currently due and owing on the account is $4,428.97. 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 (Breach of Contract) 8. Plaintiff repeats and realleges the allegations contained in paragraphs 1 through 7 as if fully set 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 credit privileges provided under the Account agreement. 11. In exchange for said valuable consideration, Defendant agreed to make periodic payments toward the full amount due as detailed within the Account agreement. By using and/or authorizing the use of the Account Defendant accepted and became subject to all the terms and conditions of the Account agreement. 12. Defendant had breached the Account agreement by defaulting on the payment obligations. As a result of said breach, Defendant's debt to Plaintiff is due and owing for the total sum of $4,428.97. WHEREFORE, Plaintiff demands judgment against the Defendant as follows: 1. for the principal sum of $4,428.97; 2. all court costs of this action; 3. along with any other further relief as the court may deem just and proper. Dated: January 28, 2022 /s/Christa L. Muratore [ ] Christa 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 #: 23479718 3 of 3