Preview
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
.CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE COUNTY OF ORANGE
STATE OF NEW YORK: COUNTY OF ORANGE
CAVALRY SPV LLC Index No.:
I, ,
Date Purchased
Plaintiff,
vs. SUMMONS
The basisof.the venue designated is
The defendant resides in the
x of ORANGE
County
DANA FnMORE ,
The transaction took place in the
Defendant. County of ORANGE
To the above-named Defendant:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve
a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
sppearance, on the Plaintiff's Attorney(s) at the address stated below within 20 days after the
service of this summons, exclusive of the day of seivice (or within 30 days after the service is
complete ifthis summons is not personally delivered to you within the State of New York); and in
case of your failure to appear or answer, judg=ent will be taken against you by defaü|t for the
relief demanded in the complaint.
Dated: East Amherst, NY
o , 20 By:
GRO A & KARASZEWSKl, PLLC
. Grossman, Esq.
Darleen V. Karaszewski, Esq.
Scott J. Whitbeck, Esq.
Attorneys for Plaintiff
5965 Transit Road, Suite 500
East Amherst, New York 14051
(888) 201-6643
Filed in Orange County 07/23/2018 01:39:04 PM $0.00 1Bk:of 8
5131 Pg: 1907 Index: # EF007617-2018 Clerk: DB
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
TO: DANAFULMORE
3319 WHISPERING HLS
CHESTER NY 10918-1532
2 of 8
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE COUNTY OF ORANGE
STATE OF NEW YORK: COUNTY OF ORANGE
CAVALRY SPV I, LLC.,
COMPLAINT
Plaintiff, Index No.:
vs.
DANA FULMORE ,
Defendant.
Plaintiff, CAVALRY SPV 1, LLC , by its attorneys, GROSSMAN & KARASZEWSI(I,
PLLC, complaining of the Defendant, DANA FULMORE , alleges the following:
1. Plaintiff is a foreign limited liability company organized and existing by virtue of
the laws of Delaware, with a principal place of business located at 500 Summit Lake Drive, Suite
400, Valhalla, New York 10595.
2. Plaintiff is theassignee or purchaser of allrights and privileges ofcertain accounts,
including this account, which originated with Citibañk, N.A. (hereinafter the "Original Creditor"),
which issued a consumer credit card account to the Defendant (original account number ending in
XXXXXXXXXXXX6549), which is the subject of this action.
3. That .upon information and belief, Defendant DANA FULMORE, was and is a
natural person residing at 3319 WHISPERING HLS, CHESTER, County of ORANGE, State of
New Vork.
3 of 8
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
AS AND FOR A FIRST CAUSE OF ACTION
4. On or about 06/23/2017, Plaintiff purchased certain accounts that originated with
Original Creditor. Defcñdañt is:obligated on one of those accounts, as more specifically described
below.
5. The Defendant and Criginal Creditor eñtcred into an agreement wherein the
Defendant received cash, merchañdise, and/or credit on the consumer credit card·account issued
by the Original Creditor. See SCHEDULE A.
6. Defendant agreed to make payments for goods and services charged and/or cash
advances made upon said consumer credit card accõüñt.
7. Defendet failed to make paymcñts due pursuant to the agreement and 58,391.69
is now.due and owing to the Plaintiff from Defendant.
8. Payment of the defaulted balance has been duly demeded and remains üñpaid.
9. Plaintiff has suffered damages in the amount of $8,391.69, together with the costs
.and disbursements herein.
WHEREFORE, Plaintiff, CAVALRY SPV 1, LLC , respectfully reques.ts judgment
against the Defendant, DANA FULMORE , as follows:
a. On itsfirst cause of action, the sum of $8,391.69, together with interest froin
the date of any judgment granted or ordered; and
b. All costs and disbursements of this action; and
4 of 8
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
c. For such other and further relief as this Court deems just and proper.
Dated: East Amherst, New York
, hs \ p , 20 \ By:
GROSS KARASZEWSKl, PLLC
.il . Grossman Esq.
Darleen V. Karaszewski, Esq.
Scott J. Whitbeck, Esq.
Attorneys for Plaintry
5965 Transit Road, Suite 500
East Amherst, New York 14051
(888) 201-6643
GK - 95793
TO: DANA FULMORE
3319 WHISPERING HLS
CHES.TER NY 10918-1532
5 of 8
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
SCHEDULE A
6 of 8
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
ThankYou®
Citi Preferred Card
DANA FULMORE How toreach us
Member Since2006 Account number ending in:6549 www.citicards.com
Period:09/12/15-10/I3/IS
Billing 1-BOO-THANKYOU(1-800-842-6596)
BOX 6500 SIOUX FALL5, SD 57117
Your account ispast due. Please pay al
!eastthe minimum payment due, which
Minimum payment due: $8,525.07
includes a past due amount of $1556.25 and
New balance: $8,525.07 an Overlimit amount of $825.07.
Payment due date: 11/09/15 Account Summary
Previous balance $8,391.69
,tah $O.00
Late Payment Warning: If we do not
receive your minimum payment by the
date listed you have to fee of
a late your Credits -$0.00
above. may pay up to $35and APRs
may be increasedup to thevariablePenaltyAPR of 29.99%. Purchases +$0.00
Warning:ll "d±™_" each Cash advances &S0.00
Minimum Payment you make onlythe Dayiiñrd
period,you will
pay more in interest
and It·will
take you longerto pay off.your
M
fees +$0.00
balance.For example:
est
II ou make no edd!!!cce! You willpay offthe And you will.end
up
charges usingthis card balanceshown on this aying.anestimated New balance $8,525.07
and each month you pay... statement In about... otat of-
Credit Limit
Only the minimumpayment 1 month(s) $8,525
Credit limit $7,700
For inf ormation
about credit counseling services.can
i-877-337-B188NewYork includes$2 ' 4DOcash'advance
IImit
residents ma the New York State Bankin
contact Department a comparative
to octain
of
listingcre 11card fees
rates, andgraceperiods F877-226-5697.
calling
Please print Address Changes on the reverse side
Pay onlineww=_c!!!cerds.com
Minimum payment due $B,525.07
Pay by phone 1-800-THANKYOU
-New balance $8,525.07
(I-800-842-6596)
Payment due date 11/09/15
Pay by'mall Use this·coupon
• r.nclosea valid checkor moneyorderpayable
to CITICARD5.Nocashor foreigncurrency.
• write the last four digits of your
accountnumberonyourchect.
Account number ending in 6549
000000 MC 32 A O
DANA FULMORE CITI CARDS
3319 WHISPERING HLS PO BOX 9001D37
CHESTER NY 10918-1532 KY.40290-1037
Louisville,
7 of 8
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018
DANA FULMORE www±!t!cards.com Page 2 of2
1·BO.3-THANKYO U(1-800-B42-6596)
Account Summary
Trans. Post
.te a escription Amount
..
Fees charged
Totalfees charged in this period
billing $0.00
interest charged
Date Desaiption Amount
....................... ..
10/13 INTEREST CHARGED TO STANDARD PURCH $133.38
Totalinterest charged In this period
blIllng $133.38
5 totals year-to-date
Totalfees charg-J in2015 $315.00
Total Interestcharged.tn 2015 $1,209.46
Interest charge calculation Days In billing cycle:32
ou n ual P rc a e Rate rate on your account.
APR)ls the annualinterest
.
Annualpercentage Balance subject
Balance type rate(APR) toInterestrate interestcharge
.............................
......................................
.....................
.V.RCHASES
..... .
. 17.99% (V)
. . ..................... SB 456.12 (D) 5133.3B
. ..
ADVANCES ........ ........................ .......
StandardAdv 25.24% (V) SO.OD (D) $0.00
Your Annual Percentage Rate (APR) is Eneannual inte rest rate on your account. APRs followed
by (V) rnay vary. Balances lollowed
by (D) are deter mined by the daily balance method
(including current
transactions).
Account messages
Please note that ifwe received your pay by phone or online pay-êrd between
5 p.m. ET and men:ÿht ET on the lastday of your billingperiod,your payraé,
willnot be reflected until·yournext statemént.
Help is ave!!éb!e!Please callthe toll-freenumber shown above to learnabout
our special pcyment options. Call - 7 am to 9 pm, or
Monday Friday, 5aturday,
8 am to5 pm, Central Time, Please give us the opportunity toassistyou.
8 of 8
Preview
FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 .CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE COUNTY OF ORANGE STATE OF NEW YORK: COUNTY OF ORANGE CAVALRY SPV LLC Index No.: I, , Date Purchased Plaintiff, vs. SUMMONS The basisof.the venue designated is The defendant resides in the x of ORANGE County DANA FnMORE , The transaction took place in the Defendant. County of ORANGE To the above-named Defendant: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of sppearance, on the Plaintiff's Attorney(s) at the address stated below within 20 days after the service of this summons, exclusive of the day of seivice (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judg=ent will be taken against you by defaü|t for the relief demanded in the complaint. Dated: East Amherst, NY o , 20 By: GRO A & KARASZEWSKl, PLLC . Grossman, Esq. Darleen V. Karaszewski, Esq. Scott J. Whitbeck, Esq. Attorneys for Plaintiff 5965 Transit Road, Suite 500 East Amherst, New York 14051 (888) 201-6643 Filed in Orange County 07/23/2018 01:39:04 PM $0.00 1Bk:of 8 5131 Pg: 1907 Index: # EF007617-2018 Clerk: DB FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 TO: DANAFULMORE 3319 WHISPERING HLS CHESTER NY 10918-1532 2 of 8 FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE COUNTY OF ORANGE STATE OF NEW YORK: COUNTY OF ORANGE CAVALRY SPV I, LLC., COMPLAINT Plaintiff, Index No.: vs. DANA FULMORE , Defendant. Plaintiff, CAVALRY SPV 1, LLC , by its attorneys, GROSSMAN & KARASZEWSI(I, PLLC, complaining of the Defendant, DANA FULMORE , alleges the following: 1. Plaintiff is a foreign limited liability company organized and existing by virtue of the laws of Delaware, with a principal place of business located at 500 Summit Lake Drive, Suite 400, Valhalla, New York 10595. 2. Plaintiff is theassignee or purchaser of allrights and privileges ofcertain accounts, including this account, which originated with Citibañk, N.A. (hereinafter the "Original Creditor"), which issued a consumer credit card account to the Defendant (original account number ending in XXXXXXXXXXXX6549), which is the subject of this action. 3. That .upon information and belief, Defendant DANA FULMORE, was and is a natural person residing at 3319 WHISPERING HLS, CHESTER, County of ORANGE, State of New Vork. 3 of 8 FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 AS AND FOR A FIRST CAUSE OF ACTION 4. On or about 06/23/2017, Plaintiff purchased certain accounts that originated with Original Creditor. Defcñdañt is:obligated on one of those accounts, as more specifically described below. 5. The Defendant and Criginal Creditor eñtcred into an agreement wherein the Defendant received cash, merchañdise, and/or credit on the consumer credit card·account issued by the Original Creditor. See SCHEDULE A. 6. Defendant agreed to make payments for goods and services charged and/or cash advances made upon said consumer credit card accõüñt. 7. Defendet failed to make paymcñts due pursuant to the agreement and 58,391.69 is now.due and owing to the Plaintiff from Defendant. 8. Payment of the defaulted balance has been duly demeded and remains üñpaid. 9. Plaintiff has suffered damages in the amount of $8,391.69, together with the costs .and disbursements herein. WHEREFORE, Plaintiff, CAVALRY SPV 1, LLC , respectfully reques.ts judgment against the Defendant, DANA FULMORE , as follows: a. On itsfirst cause of action, the sum of $8,391.69, together with interest froin the date of any judgment granted or ordered; and b. All costs and disbursements of this action; and 4 of 8 FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 c. For such other and further relief as this Court deems just and proper. Dated: East Amherst, New York , hs \ p , 20 \ By: GROSS KARASZEWSKl, PLLC .il . Grossman Esq. Darleen V. Karaszewski, Esq. Scott J. Whitbeck, Esq. Attorneys for Plaintry 5965 Transit Road, Suite 500 East Amherst, New York 14051 (888) 201-6643 GK - 95793 TO: DANA FULMORE 3319 WHISPERING HLS CHES.TER NY 10918-1532 5 of 8 FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 SCHEDULE A 6 of 8 FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 ThankYou® Citi Preferred Card DANA FULMORE How toreach us Member Since2006 Account number ending in:6549 www.citicards.com Period:09/12/15-10/I3/IS Billing 1-BOO-THANKYOU(1-800-842-6596) BOX 6500 SIOUX FALL5, SD 57117 Your account ispast due. Please pay al !eastthe minimum payment due, which Minimum payment due: $8,525.07 includes a past due amount of $1556.25 and New balance: $8,525.07 an Overlimit amount of $825.07. Payment due date: 11/09/15 Account Summary Previous balance $8,391.69 ,tah $O.00 Late Payment Warning: If we do not receive your minimum payment by the date listed you have to fee of a late your Credits -$0.00 above. may pay up to $35and APRs may be increasedup to thevariablePenaltyAPR of 29.99%. Purchases +$0.00 Warning:ll "d±™_" each Cash advances &S0.00 Minimum Payment you make onlythe Dayiiñrd period,you will pay more in interest and It·will take you longerto pay off.your M fees +$0.00 balance.For example: est II ou make no edd!!!cce! You willpay offthe And you will.end up charges usingthis card balanceshown on this aying.anestimated New balance $8,525.07 and each month you pay... statement In about... otat of- Credit Limit Only the minimumpayment 1 month(s) $8,525 Credit limit $7,700 For inf ormation about credit counseling services.can i-877-337-B188NewYork includes$2 ' 4DOcash'advance IImit residents ma the New York State Bankin contact Department a comparative to octain of listingcre 11card fees rates, andgraceperiods F877-226-5697. calling Please print Address Changes on the reverse side Pay onlineww=_c!!!cerds.com Minimum payment due $B,525.07 Pay by phone 1-800-THANKYOU -New balance $8,525.07 (I-800-842-6596) Payment due date 11/09/15 Pay by'mall Use this·coupon • r.nclosea valid checkor moneyorderpayable to CITICARD5.Nocashor foreigncurrency. • write the last four digits of your accountnumberonyourchect. Account number ending in 6549 000000 MC 32 A O DANA FULMORE CITI CARDS 3319 WHISPERING HLS PO BOX 9001D37 CHESTER NY 10918-1532 KY.40290-1037 Louisville, 7 of 8 FILED: ORANGE COUNTY CLERK 07/23/2018 01:39 PM INDEX NO. EF007617-2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/23/2018 DANA FULMORE www±!t!cards.com Page 2 of2 1·BO.3-THANKYO U(1-800-B42-6596) Account Summary Trans. Post .te a escription Amount .. Fees charged Totalfees charged in this period billing $0.00 interest charged Date Desaiption Amount ....................... .. 10/13 INTEREST CHARGED TO STANDARD PURCH $133.38 Totalinterest charged In this period blIllng $133.38 5 totals year-to-date Totalfees charg-J in2015 $315.00 Total Interestcharged.tn 2015 $1,209.46 Interest charge calculation Days In billing cycle:32 ou n ual P rc a e Rate rate on your account. APR)ls the annualinterest . Annualpercentage Balance subject Balance type rate(APR) toInterestrate interestcharge ............................. ...................................... ..................... .V.RCHASES ..... . . 17.99% (V) . . ..................... SB 456.12 (D) 5133.3B . .. ADVANCES ........ ........................ ....... StandardAdv 25.24% (V) SO.OD (D) $0.00 Your Annual Percentage Rate (APR) is Eneannual inte rest rate on your account. APRs followed by (V) rnay vary. Balances lollowed by (D) are deter mined by the daily balance method (including current transactions). Account messages Please note that ifwe received your pay by phone or online pay-êrd between 5 p.m. ET and men:ÿht ET on the lastday of your billingperiod,your payraé, willnot be reflected until·yournext statemént. Help is ave!!éb!e!Please callthe toll-freenumber shown above to learnabout our special pcyment options. Call - 7 am to 9 pm, or Monday Friday, 5aturday, 8 am to5 pm, Central Time, Please give us the opportunity toassistyou. 8 of 8