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FILED: OSWEGO COUNTY CLERK 07/22/2020 05:42 PM INDEX NO. EFC-2020-0800 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2020 THIS IS A CONSUMER C SACTION STATE OF NEW Y ORK SUPREME COURT COUNTY OF OSWEGO Cavalry SPV I, LLC SUMMONS -against- Index No.: Date Filed: Linda Carpenter 438 Pendergast Rd Phoenix NY 1 3135-4236 ht(s). TO THE ABOVE-NAMED DANT(S): YOU ARE HEREB1tONED to appear and answer the Verified Cornplaint annexed hereto by serving a cour Answer on Plaintiff s attorneys within twenty (20) days after service of this Su clusive of the date of service (or within (30) days thirty after service is cornplete ifth ons isnot delivered to you in New York State) personally and in case of your failure to r answer, Judgment will be taken against you default for by the amount of rnoney deman annexed Verified Complaint. Dated: July 15, 2020 1GIRVIN & FERLAZZO, P.C. Alex S. Dahle, Esq. Attorneys for Plaintiff Office and P.O. Address P. O. Box 11623 Albany, New York 12211 (877) 814-6976 The basis of venue desigriat is that Defendaiit(s) in the of Oswego. reside(s) County 1 of 6 FILED: OSWEGO COUNTY CLERK 07/22/2020 05:42 PM INDEX NO. EFC-2020-0800 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO Cavalry SPV I,LLC Plaintiff VERIFIED COMPLAINT -against- Index No.: Dated Filed: Linda Carpenter 438 Pendergast Rd Phoenix NY 13135-4236 Defendant. Plaintiff Cavalry SPV I,LLC by and through itsattorneys, Girvin & Ferlazzo, P.C., sets for the following as and for itsVerified Complaint against the Defendant: FIRST CAUSE OF ACTION (BREACH OF CONTRACT) 1. Plaintiff Cavalry SPV I,LLC is a foreign limited liability company duly organized and existing under the laws of the State of Delaware, and is duly registered to do business in the State of New York. 2. At all times relevant herein, Plaintiff Cavalry SPV I,LLC was duly licensed by the New York State Departmcñ‡ of Consumer Affairs (License No, 1327348), and has been continuously so licensed since 2009. 3. Defendant applied for and was granted a credit account by Plaintiffs predecessor-in interest, Synchrony Bank/Walmart, designated and assigned Account No. ************8536. 4. Defendant made charges, and/or took cash advances, and/or otherwise borrowed against the credit account, resulting in an outstanding account balance of $2,787.75 as of July 15, 2020. 2 of 6 FILED: OSWEGO COUNTY CLERK 07/22/2020 05:42 PM INDEX NO. EFC-2020-0800 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2020 5. Defendant failed to timely make one or more monthly payments toward the outstanding balance, as required under the terms and conditions governing said credit account, and is in default of said credit agreement. 6. Despite written demand, Defendant has failed, refused, or neglected to make full payment of the balance due and owing in connection with the credit account. 7, Plaintiff is the owner of all right, title,and interest in the subject credit account pursuant to an Assignment and/or Bill of Sale entered into with the original creditor, or a successor to the original creditor, dated October 19, 2019. 8. By reason of the foregoing, Defendant is indebted to the Plaintiff in the amount of $2,787.75. SECOND CAUSE OF ACTION (ACCOUNT STATED) "1" "8" 9. The allegations contained in Taragraphs through of the First Count are incorporated by reference. 10. Periodic account statements setting forth charges and amounts due on the credit account were transmitted to Defendant. 11. Defendant received and retained said periodic account statements for an unreasonable period of time without protest or objection. 12. Defendant has failed, refused, or neglected to make full payment of the balance due and owing in connection with the credit account as represented on the account statcü cats. 13. Pursuant to the account statements sent to Defendant, Defendant is indebted to the Plaintiff in the amount of $2,787.75. 3 of 6 FILED: OSWEGO COUNTY CLERK 07/22/2020 05:42 PM INDEX NO. EFC-2020-0800 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2020 WHEREFORE, Plaintiff Cavalry SPV I,LLC demands that Judgment be entered herein against the named Defendant in the amount of $2,787.75, together with the costs and disbursem*nts of the action. Dated: July 15, 2020 GIRVIN & FERLAZZO, P.C. Attorneys for Plaintiff Alex S. Dahle Office and P.O. Address 20 Corporate Woods Boulevard Albany, New York 12211 T: 518-462-0300 F: 518-462-5037 4 of 6 FILED: OSWEGO COUNTY CLERK 07/22/2020 05:42 PM INDEX NO. EFC-2020-0800 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2020 VERIFICATION STATE OF NEW YORK ) ) S.S.: COUNTY OF ALBANY ) Alex S. Dahle, being duly swom, deposes and states thathe isan attorney duly admitted to practice in the State ofNew York, and is an associate of Girvin & Ferlazzo, P,C., attorneys for Plaintiff in the above captioned action; that he has readthe foregoing Verified Complsh t and is familiar with the contents thereof; and that the matters set forththerein are true to hisknowledge, except as to matters therein statedto be alleged upon information and belief,and asto those matters he believes them to be true. The grounds of deponent's beliefare his review of documents and other information pertaining to the matters raised herein. The reason why this Verification isnot made by the parties represented by the undersigned isthat suchparties do not reside in the county where the undersigned has his office. Alex S. Dahle Sworn to before me this J 15, 2020 Not y Public, State ofNew York JUDITH A. MOAK NOTARY PUBUC, State of New York No 01M06080559 Qualifieo in Albany Gounty GomrnissionExpres pp 9/16/20- 5 of 6 FILED: OSWEGO COUNTY CLERK 07/22/2020 05:42 PM INDEX NO. EFC-2020-0800 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/22/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO Plaintiff/Petitioner, - against- Linda Carpenter Index No. Defendant/R=pe::dent. NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE thatthe matter captioned above,which has been camnienced by filingofthe accompanying documents with the County Clerk, issubjectto mandatory electronicfilingpursaâñtto Section 202.5-bb of theUniform Rules forthe TrialCourts. This noticeis beingserved as requiredby Subdivision (b) (3)of thatSection. The New York StateCourts Electmnic Filing System ("NYSCEF") is designedforthe electronicfilingof documents with theCounty Clerk and the courtand forthe electronicserviceof those doct!me_ng court documents, and court noticesupon counsel and self-representedparties.Counsel and/or partieswho do notnotify thecourt ofa claimed exempden (seebelow) as requiredby Section202.5-bb(e) must immediately record theirrepresentation within the e-filed matter on theConsent page inNYSCEF. Failure to do so may resultinan inabilitytoreceive electronicnoticeof document filings. Exempdens from rñandatory are limited e-filing to: who 1) attorneys certifyingood faiththatthey lackthe computer sqdpmet and (along with allemployees) the requisitekñcwledge tocomply; and 2) self-represented partieswho choose not toparticipateine-filing. For additionalinformationabout electronicfiling,indarih.gaccess to Section202.5-bb, consult the NYSCEF website at www.nycourts.Rev/cfde or contactthe NYSCEF Resource Center at (646)386-3033 or efile(dlcourts.state-ny.us. Dated: July 15, 2020 (Signature) 20 Corporate Woods Blvd. Albany, NY 12211 (Address) Alex S. Dahle (Name) 5I8-462-0300 (Phone) Girvin & Ferlazzo, PC (Firm Name) (E-Mail) To: Linda Carpenter 438 Pendergast Rd Phoenix NY 13135-4236 6 of 6
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