SUMMONS + COMPLAINT August 05, 2024 (2024)

 
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 D: OUN PK 08 09:4 SIV INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF 08/05/2024 CONSUMER CREDIT TRANSACTION Date Purchased: SUPREME COURT OF THE STATE OF NEW YORK Index Ne COUNTY OF KINGS Xx Cavalry SPV I, LLC SUMMONS Plaintiff, Plaintiff's Address: -against- 1 American Lane, Suite 220 Greenwich CT 06831 RYAN W HAWK Defendant(s). The Basis of Venue is: CPLR SEC. 503(f). Defendants residence is in the County of KINGS. Defendant(s) Address: DEF1- 480 MONROE ST UNIT 4, BROOKLYN NY 11221-1770 TO THE ABOVE NAMED DEFENDANT(S): 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 service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose. Sp ? J Dated: July 24, 2024 Matter #520770 Ye & (J Stephen Einstein 1 Scott Morris Anthony S. Poulin (J Dianne Ramdeen CO Sharil Clarke O Richa Bhandari Oo Oo O ou Tromberg, Morris & Partners, PLLC Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 (212) 267-3550 SUMAN S_S_SUP-SUM 1 of 13D: OUN PK 08 09:4 SIV INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 SUPREME COURT OF THE STATE OF NEW YORK INDEX Ne: COUNTY OF KINGS Cavalry SPV I, LLC Plaintiff, -against- COMPLAINT RYAN W HAWK Defendant(s). Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that: 1 Plaintiff is an active foreign entity conducting business in the state of CT. Plainiff is licensed by the NYC Department of Consumer Affairs, Debt Collection Agency License #1327348. 2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which this action is brought, or the Defendant(s) transacted business within the venue in which this action is brought, either in person or through an agent, and the instant cause of action arose out of said transaction. 3. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein has not expired. AS AND FOR A FIRST CAUSE OF ACTION 4. Upon information and belief the Defendant(s) hereto entered into a Revolving Credit Account Agreement (hereinafter "Account") with Citibank, N.A. (hereinafter "Original Creditor"), the Original Creditor as defined by CPLR §105(q-1), bearing an account number on the most recent statement ending in #XXXXXXXXXXXX0524, as so evidenced in the statement attached hereto, wherein Defendant(s) agreed to pay Original Creditor all amounts charged to said Account. 5. Upon information and belief the date of last payment on this account was 03/02/2022 in the amount of $56.96. 6. Upon information and belief, Defendant(s) incurred charges by use of the said Account and defaulted. As a result of the Defendant’s default the Original Creditor closed the Account and subsequently charged it off on 10/07/2022 in the amount of $2,695.81. Pursuant to CPLR §3016(j) a copy of the Charge-Off Statement is attached hereto. 7. Subsequently, the Original Creditor sold/ assigned the Account, including all rights, title and interest in and to the outstanding balance owed by Defendant(s). Plaintiff, purchased and/or took by assignment the account herein on or about 09/28/2023. The complete chain of sale and assignment and dates sold and/or assigned are as follows: Assignor Date of Transfer Amt. at Time of Transfer Transfer 1: Citibank, N.A. 9/28/2023 $2,695.81 S_S_COM-RTL 2 of 13D: OUN PK 08 09:4 SIV INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 8. At this time, Defendant(s) owes $2,695.81 on the Account. This amount includes a charge-off balance of $2,695.81, post-charge-off interest of $0.00, non-interest charges or fees accrued since charge- off of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00; and that amount has not been paid despite due demand. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $2,695.81, together with the costs of this action. CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Partners, PLLC Deponent certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable under the circ*mstances, the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 24th day of July, 2024. Sp ? 0 Za Matter #520770 Cstépnen fein oO Scott Morris [xt Anthony S. Poulin LJ Dianne Ramdeen (] Sharil Clarke (J Richa Bhandari O Oo S_S_COM-RTL 3 of 13D: OUN PK 08 09:4 SIV INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 Tromberg, Morris & Partners, PLLC EXHIBIT “A” (CHARGE-OFF/ LAST STATEMENT) Matter #: 520770 S_EXH-COSM 4 of 13D: OUN PK 08 09° SIV INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 CITI? / AADVANTAGE® PLATINUM SELECT® CARD Citi | asavantagee, RYAN W HAWK .citicards.com Member Since 2016 Account number ending in: 0524 Customer Service 1-800-846-8444 Billing Period: 09/08/22-10/07/22 TTY:711 BOX 6500 SIOUX FALLS, SD 57117 OCTOBER STATEMENT Account Summary Minimum payment due: $2,695.81 Previous balance $2,695.81 New balance as of 10/07/22: $2,695.81 Payments -$0.00 Payment due date: 10/07/22 Credits -$0.00 See the last page of this statement for important information about how to Purchases +$0.00 avoid paying interest on purchases. Cash advances +$0.00 Fees +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Interest +$0.00 date listed above, you may have to pay a late fee of up to $40 and your APRs New balance $2,695.81 may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: |f you make only the minimum payment each Credit Limit period, you will pay more in interest and it will take you longer to pay off your Revolving Credit limit $2,100 balance. For example: Includes $700 cash advance limit If you make no additional You will pay off the And you will end uj charges using this card balance shown on this aying an estimated and éach month you pay... statement in about... otal of... Only the minimum payment 1 month(s) $2,696 For information about credit counseling services, call 1-877-337-8188, For Payments, send check to: CITI CARDS, PO BOX 78045, Phoenix, AZ, 85062-8045 ® Pay online www.citicards.com Minimum payment due $2,695.81 © Pay by phone 1-800-846-8444 New balance $2,695.81 @ Pay by mail Use this coupon Payment due date 10/07/22 # Enclose a valid check or money order payable to CITI CARDS. No cash or foreign currency. Amount enclosed: * Write the last four digits of your account number on your check. 000000 WE 34 A0 Account number ending in 0524 Please make check payable to CITI CARDS. RYAN W HAWK CITI CARDS 4114 N 28TH ST PO BOX 78045, APT 4030 Phoenix, AZ 85062-8045 PHOENIX AZ 85016a D: PK 09° SIV INDEX NO. 521069/2024 OUN 08NYSCEF DOC. NO. 1 RECEIVED NYSCEF 08/05/2024 www.citicards.com Customer Service 1-800-846-8444 Page 2 of 2 TTY:711 RYAN W HAWK Account Summary Trans. Post date date Description Amount Fees charged Total fees charged in this billing period $0.00 Interest charged Total interest charged in this billing period $0.00 2022 totals year-to-date Total fees charged in 2022 $240.00 Total interest charged in 2022 $438.48 Interest charge calculation Days in billing cycle: 30 Your Annual Percentage Rate (APR)is the annual interest rate on your account. Annual percentage Balance subject Balance type rate (APR) to interest rate Interest charge Standard Purch 29.99% (V) $0.00 (D) $0.00 “Pur Pr 052819 24.99% (V) $0.00 (D) $0.00 Standard Adv 29.99% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages Minimum Payment Due includes past due amounts. Your account may be with a collection vendor and when you call our number, you may be referred to the vendor. You may reach us at the toll-free number shown above. Monday-Friday 7am to 10 pm, Saturday 7 am to 7 pm, and Sunday 8 am to 7 pm Central Time. ©2022 Citibank, N.A. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world. American Airlines, American Eagle, AAdvantage, AAdvantage Million Miler, MileSAAver, Business Extra, Flagship, Admirals Club, Platinum Pro, AAdvantage MileUp, AA Cargo, the Flight Symbol logo and the Tail Design are marks of American Airlines, Inc. 6 of 13D: OUN PK 08 09:4 SIV INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 Tromberg, Morris & Partners, PLLC EXHIBIT “B” (LAST USE OF CARD STATEMENT/ BALANCE) Matter #: 520770 S_EXH-LPAM 7 of 13D: OUN Pi 08 09° DM INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 CITI® / AADVANTAGE® PLATINUM SELECT® CARD citr | AAdvantage “@. RYAN W HAWK www.citicards.com Member Since 2016 Account number ending in: 0524 Customer Service 1-888-766-CITI(2484) Billing Period: 02/08/22-03/07/22 TTY:711 BOX 6500 SIOUX FALLS, SD 57117 Your account is overlimit $34.00. Please pay MARCH STATEMENT at least the minimum payment due, which Minimum payment due: $93.37 includes an overlimit amount. New balance as of 03/07/22: $2,134.00 Payment due date: 04/03/22 Account Summary See the last page of this statement for Important information about how to Previous balance $1,807.63 avoid paying interest on purchase: Payments “$56.96 Credits -$0.00 Late Payment Warning: If we do not receive your minimum payment by the Purchases +$344.96 date listed above, you may have to pay a late fee of up to $40 and your APRs Cash advances +$0.00 may be increased up to the Penalty APR of 29.99%. Fees +$0.00 Minimum Payment Warning: If you make only the minimum payment each Interest +$38.37 period, you will pay more in interest and it will take you longer to pay off your New balance $2,134.00 balance. For example: If you make no additional You will pay off the And you will end up Credit Limit charges using this card balance shown on this paying an estimated and each month you pay... statement in about... total of. . Revolving Credit limit $2,100 Includes $700 cash advance limit Only the minimum payment | 13 year(s) $5,859 For information about credit counseling services, call 1-877-337-8187. eo a AMERICAN AIRLINES. oe Every sa co AADVANTAGE® MILES AAdvantage® Miles Earned this period: 452 » See page 3 for more information about your rewards For Payments, send check to: CITI CARDS, PO BOX 78045, Phoenix, AZ, 85062-8045, Pay your bill from virtually anywhere Minimum payment due $93.37 with the Citi Mobile® App and Citi® Online New balance $2,134.00 To download: Text 'Appt5' to MyCiti (692484) Payment due date 04/03/22 or go to your device's app store. Or visit www.citicards.com Amount enclosed: 000000 WE 00 AO Account number ending in 0524 Please make check payable to CITI CARDS. RYAN W HAWK CITI CARDS 4114 N 28TH ST PO BOX 78045, APT 4030 Phoenix, AZ 85062-8045 PHOENIX AZ 85016-5970OUN PK 08 09:4 DM INDEX NO. 521069/2024NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/05/2024 www.citicards.com Customer Service 1-888-766-CITI(2484) Page 2 of 3 TTY:711 RYAN W HAWK ees Account Summary AADVANTAGE® aa prey Trans. Post MILES EARNED wae co date date Description Amount THIS PERIOD: 452 Payments, Credits and Adjustments Purchase 343 03/02 ONLINE PAYMENT, THANK YOU. -$56.96 Bonus 109 Standard Purchases Accumulated This Period 452 » Visit aa.com/aadvantage to 02/20 MONROE SMOKE SHOP. BROOKLYN NY Si1.44 redeem miles, book flights and 02/20 532 SMOKE SHOP BROOKLYN NY $23.91 much more American Airlines reserves the right to change the 02/20 PHOTOBOOTH VEND BROOKLYN NY $5.00 AAdvantage® program and its terms and conditions at any time without notice, and to end the AAdvantage” 02/20 BIRRIELANDIA BROOKLYN NY $23.33 program with six months' notice. Any such changes may affect your ability to use the awards or mileage credits that you have accumulated. Unless specified, 02/22 UBER TRIP 8005928996 CA $35.34 AAdvantage® miles e yed through thi motion/offer 02/22 CHICK-FIL-A #03528 NEW YORK NY $11.64 do not count toward status qualifice ion or AAdvantage Million Miler™ status. American Airlines is not responsible for products or services offered by other participating companies. For complete details about the AAdvantage® program, www.aa.com/aadvantage. 02/23 MTA*NYCT PAYGO NEW YORK NY $2.75 American Airlines, American Eagle, AAdvantage, AAdvantage Mill n Miler, MileSAAver, Business Extra, 02/23 SQ *HUNGRY GHOST DEKAL Brooklyn, NY $9.74 Flagship, Admirals Club, Platinum Pro, AAdvantage MileUp, AA Cargo, the Flight Symbol logo and the Tail Design are marks of American Airlines, Inc. 02/23 IDEAL FOOD BASKET BROOKLYN NY $15.41 02/24 STARBUCKS STORE 26028 NEW YORK NY $7.88 02/24 E SMOKE & CONVENIENCE NEW YORK NY $16.49 02/25 McDonalds 4484 NEW YORK NY $7.38 02/25 STARBUCKS STORE 09722 NEW YORK NY $7.88 02/25 CURB TAX! APP 718-756-1656 NY $15.36 02/26 ABDO GOURMET DELI BROOKLYN NY $14.03 03/02 STARBUCKS STORE 21352 BROOKLYN NY $7.88 03/02 E SMOKE & CONVENIENCE NEW YORK NY $18.49 03/04 STARBUCKS STORE 21352 BROOKLYN NY $7.88 03/06 JC EQUIPMENT VEND WHITESTONE. NY 82. 00 Fees charged Total fees charged in this billing period $0.00 Interest charged Date Description Amount 03/07 INTEREST CHARGED TO STANDARD PURCH $19.76 03/07 INTEREST CHARGED TO PUR PR-05/28/19. $18.61 Total interest charged in this billing period $38.37 2022 totals year-to-date Total fees charged 2022 $0.00 Total interest charged in 2022 $116.67 9 of 13a D: PK 09° SIV INDEX NO. 521069/2024 OUN 08NYSCEF DOC. NO. 1 RECEIVED NYSCEF 08/05/2024 www.citicards.com Customer Service 1-888-766-CITI(2484) Page 3 of 3 TTY:711 RYAN W HAWK Interest charge calculation Days in billing cycle: 28 Your Annual Percentage Rate (APR)s the annual interest rate on your account. Annual percentage Balance subject ‘PURCHASES "ADVANCES Standard Adv 29.99% (V) $0.00 (D) $0.00 | Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages ©2021 Citibank, N.A. Citi, Citi and Arc Design and other marks used herein are service marks of Citigroup Inc. or its affiliates, used and registered throughout the world. American Airlines, American Eagle, AAdvantage, AAdvantage Million Miler, MileSAAver, Business Extra, Flagship, Admirals Club, Platinum Pro, AAdvantage MileUp, AA Cargo, the Flight Symbol logo and the Tail Design are marks of American Airlines, Inc. 10 of 13D: eS T ST Pi 

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