FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 05/23/2023
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2023005377
`
`Receipt # 3442161
`
`Book Page CIVIL
`
`No. Pages: 19
`
`Instrument: EFILING INDEX NUMBER
`
`Control #:
`Index #:
`
`202305240234
`E2023005377
`
`Date: 05/24/2023
`
`Time: 9:38:33 AM
`
`Return To:
`ANTHONY SCOTT POULIN
`39 Broadway Suite 1250
`New York, NY 10006
`
` LVNV FUNDING LLC
`
` Small, Charlie
`
` State Fee Index Number
` County Fee Index Number
` State Fee Cultural Education
` State Fee Records
`Management
`
`Total Fees Paid:
`
`$165.00
`$26.00
`$14.25
`$4.75
`
`$210.00
`
`Employee: CW
`
`State of New York
`
`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
`
`MONROE COUNTY CLERK
`
`1 of 19
`
`

`

`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`CONSUMER CREDIT TRANSACTION
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`LVNV Funding LLC
`
`
`
`
`-against-
`
`
`
`Charlie Small
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`Defendant(s).
`
`X
`
`Date Purchased:
`
`
`
`Index №
`
`
`SUMMONS
`Plaintiff's Address:
`355 S Main Street
`Greenville SC 29601
`
`
`
`
`
`The Basis of Venue is:
`
`CPLR SEC. 503(f). Defendants
`residence is in the County of
`
`MONROE.
`
`
`
`X
`
`
`
`DEF1- 96 YATES ST, ROCHESTER NY 14609-2227
`
`
`
`
`
`
`Defendant(s) Address:
`
`
`
`
`
`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.
`
`
`
`
`Dated: May 10, 2023
`Matter # 488694
`
`
`
`
`
`
`We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose.
`
`____________________________
` Stephen Einstein
` Urva S. Ahmed
` Anthony S. Poulin
` Joseph J. Cassotta
` Scott Morris
` Joseph G. Devine
` Chester Andrew Guala
` Gerard W. DeStefano
`
`
`Tromberg, Morris & Poulin, PLLC.
`Attorneys for the Plaintiff
`39 Broadway, Suite 1250
`New York, N.Y. 10006
`(212) 267-3550
`
`*SM0000488694*
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`S_S_SUP-SUM
`
`2 of 19
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`

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`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`(cid:44)(cid:49)(cid:39)(cid:40)(cid:59)(cid:3)(cid:651)(cid:29)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)
`
`
`
`COMPLAINT
`
`
`
`
`
`
`
`Plaintiff,
`
`
`Defendant(s).
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`
`LVNV Funding LLC
`
`
`
`
`-against-
`
`
`
`
`Charlie Small
`
`
`
`
`
`
`
`
`
`Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that:
`
`1. Plaintiff is an active foreign entity conducting business in New York.
`
`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 Synchrony Bank (hereinafter "Original Creditor"), the Original
`Creditor as defined by CPLR §105(g-1), bearing an account number on the most recent statement ending
`in #XXXXXXXXXXXX8855, 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, Defendant(s) incurred charges by use of the said Account and
`de(cid:73)(cid:68)(cid:88)(cid:79)(cid:87)ed(cid:17) (cid:36)(cid:86) (cid:68) (cid:85)e(cid:86)(cid:88)(cid:79)(cid:87) (cid:82)(cid:73) (cid:87)(cid:75)e (cid:39)e(cid:73)end(cid:68)n(cid:87)(cid:182)(cid:86) de(cid:73)(cid:68)(cid:88)(cid:79)(cid:87) (cid:87)(cid:75)e Original Creditor closed the Account and
`subsequently charged it off on 02/21/2021 in the amount of $1,337.87. Pursuant to CPLR §3016(j) a
`copy of the Charge-Off Statement is attached hereto as Exhibit A.
`
`6. Susequently, 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 03/24/2021. The complete chain of sale and assignment and dates sold
`and/or assigned are as follows:
`
`
`Assignor
`Transfer 1: Synchrony Bank
`Transfer 2: Resurgent Acquisitions LLC
`
`
`
`
`
`Date of Transfer Amt. at Time of Transfer
`03/24/2021
`$1,337.87
`03/24/2021
`$1,337.87
`
`
`
`
`
`
`
`7. Upon information and belief the date of last payment on this account was 07/03/2020 in the amount
`of $181.00.
`
`
`S_S_COM-RTL
`
`3 of 19
`
`

`

`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`8. The account balance printed on the most recent monthly statement recording a purchase transaction,
`last payment or balance transfer is attached hereto as Exhibit B.
`
`9. At this time, Defendant(s) owes $1,337.87 on the Account. This amount includes a charge-off
`balance of $1,337.87, post-charge-off interest of $0.00, post-charge-off fees and charges 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 amount of $1,337.87, plus
`costs and disbursements.
`
`CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC. Deponent
`certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable
`under the circumstances, 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 as 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 10th day of May, 2023.
`
`
`Matter # 488694
`
`
`
`
`
`
`
`____________________________
` Stephen Einstein
` Urva S. Ahmed
` Anthony S. Poulin
` Joseph J. Cassotta
` Scott Morris
` Joseph G. Devine
` Chester Andrew Guala
` Gerard W. DeStefano
`
`
`
`
`
`
`
`
`
`S_S_COM-RTL
`
`4 of 19
`
`

`

`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`Matter #: 488694
`
`
`
`S_EXH-COSM
`
`EXHIBIT “A”
`
`(CHARGE-OFF/ LAST STATEMENT)
`
`
`
`
`
`
`
`5 of 19
`
`

`

`
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`0F 240234) 23005377
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
`
`
`NYSCHCBenne -
`1 €
`AccountAccess: jcpenneymastercard.com
`RECEIVED NYSCEF: @RARLiYSMM.B
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`Y
`Account Number ending in EIBS55
`CustomerService: 1-800-388-7193
`Platinum Cardmember
`26 DayBilling Cycle from 01/27/2021 to 02/21/2021
`
`PaymentInformation
`$0.00
`New Balance:
`$0.00
`AmountPast Due:
`$532.00
`Total Minimum Payment Due:
`;
`.
`.
`02/23/2021
`Payment Due Date:
`Late Payment Warning:
`If we do not receive your Total Minimum Payment
`Due by the Payment Due Datelisted above, you may haveto paya late fee
`up to $38.00.
`
`Payments must be received by 5pm ET on
`02/23/2021 if mailed, or by 11:59pm ET on
`02/23/2021 for online and phone payments. Your
`in-store payment mustbe received during store
`hours on 02/23/2021.
`
`NOTICE: Your payment maybe converted into an
`electronic debit. See reverse for details, Billing
`Rights Information and other important
`information.
`
`Account Summary
`Previous Balance asof 01/27/2021
`OtherCredits
`Fees Charged
`New Balance asof 02/21/2021
`
`$1,299.87
`- 1,337.87
`* 38.00
`$0.00
`
`Credit Limit
`Available Credit
`Cash AdvanceLimit
`Available Cash
`JCPenney Mastercard Rewards
`Current Status
`PLATINUM
`See Rewards Detail section.
`
`$1,100
`None
`$220
`None
`
`JCPenney Mastercard Rewards Detail
`Mastercard Rewards Points as o102/21/2021
`Previous Point Balance
`Points Activity On This Statement
`Purchasesoutside of JCPenney & jcp.com
`Adjustments
`BonusPoints
`Points Redeemed
`New Point Balance
`Points Neededfor a Certificate
`
`0
`0
`0
`0
`0
`1,000
`
`0
`
`Earn 1 Mastercard Rewardspoint for every $1 spent outside
`of JCPenney & jcp.com, and automatically receive a $10
`JCPenney Mastercard rewardscertificate for every 1,000
`rewardspoints.
`
`Plus, spend $500 at JCPenney & jcp.com to earn Gold Card
`status, or $1,000 at JCPenney & jcp.com to earn Platinum
`Card status and enjoy even more exclusive benefits!
`
`Find more details at jcp.com/credit.
`
`Jc Penney €
`Platinum Cardmember
`
`)
`
`CHARLIE SMALL
`LITIGATION PRACTICE GROUP
`1351 CALLE AVANZADO STE 4
`SAN CLEMENTECA 92673
`
`PLEASE DETACH AND RETURNTHIS STUB WITH YOUR CHECK PAYABLE TO SYNCHRONY BAI
`
`Account Number
`New Balance
`Total Minimum Payment Due
`Payment Due Date
`Amount
`$
`Enclosed
`
`week toe ee BBS
`$0.00
`$532.00
`02/23/2021
`
`New address or email? Print changes on the back.
`
`Amount
`Past Due
`
`$0.00
`
`Make Synchrony Bank/JCP
`Payment P.O. Box 960090
`To: Orlando FL 32896-0090
`
`5433
`
`BCJ
`
`1
`
`3.
`
`23
`
`210221
`
`2& PASE oe 3
`6 of 19
`
`1246
`
`0400 C832
`
`01HJ5433
`
`

`

`TD SRA 02H 2 3005377
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
`
`NYSCI
` ED NYSCI
`EF’:
`05/23/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`
`Need an extra card?
`
`
`
`Call us at 1-866-448-4367
`
`7 of 19
`7 of 19
`
`

`

`SB RH0M 2 3005377
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
`
`
`NYSCHEBRC NO.
`RECEIVED NYSCEF:_ GHABLIF/SMALB
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`enney ‘@
`Account Number ending in SEBS55
`Platinum Cardmember
`26 DayBilling Cycle from 01/27/2021 to 02/21/2021
`
`DID YOU KNOW...
`With your JCPenney Mastercard®, you’re automatically a Rewards member! Plus, you can
`earn $10 JCPenney Rewards 2X faster when you shop with your card at JCPenney and jcp.com.
`Purchases subject to credit approval. Exclusions apply. See your Rewards Program Terms and Conditions for details.
`as
`
`The JCPenney Mastercard is issued by Synchrony Bank pursuanttoalicense JCP
`
`by Mastercard International Incorporated. Mastercard is a registered trademark,
`enney.
`and the circles design is a trademark of Mastercard International Incorporated. REWAR $)
`Cae
`.
`
`
`
`Transaction Detail
`
`Date
`Reference #
`Description
`Amount
`
`Other Credits
`-$1,337.87
`CHARGE OFF ACCOUNT-PRINCIPALS
`02/21
`F1246001L00999990
`-$906.44
`02/21
`F1246001L00999990
`CHARGE OFF ACCOUNT-INTEREST CHARGE
`-$431.43
`Total Fees Charged This Period
`$38.00
`
`02/18
`LATE FEE
`$38.00
`Total Interest Charged This Period
`$0.00
`
`02/21
`INTEREST CHARGE ON PURCHASES
`$0.00
`02/21
`INTEREST CHARGE ON CASH ADVANCES
`$0.00
`
`2021 Year-to-Date Fees and Interest
`Total Fees Charged
`
`Total Interest Charged
`
`Total Interest Paid
`
`
`Interest Charge Calculation
`Your Annual Percentage Rate (APR) is the annualinterest rate on your account.
`
`(v) = variable rate
`
`aomCasalge Rate aRate a
`
`
`eer 25.99%|25.99%(vy||g.00|00|g.00|
`Cash Advances
`25.99% (v’
`$0.00
`$0.00
`
`
`
`Cardmember News& Information
`"Please rememberthatif we do not receive the total minimum payment due on your account by the due date, you will be
`assesseda late fee."
`
`Did you know your Mastercard offers Mastercard ID Theft Protection. For more information about this benefit or to view the
`current benefits offered by Mastercard, please visit: www.mastercard.com/corecredit-GTB.
`Statement not provided to customer.
`
`5433
`
`BCJ
`
`1
`
`3
`
`23
`
`210221
`
`BX PAGE 4 OF 3
`8 of 19
`
`1246
`
`0400 C832
`
`0O1HJ5433
`
`

`

`
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`TRIACS 240234) > 3005377
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
`
`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/23/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`
`5433
`
`BCJ
`
`1
`
`3
`
`23
`
`«210221
`
`OX RAGE 7 gt 3
`9 of 19
`
`1246
`
`0400 C832
`
`0O1HJ5433
`
`

`

`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
`
`
`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`Matter #: 488694
`
`
`
`S_EXH-LPAM
`
`EXHIBIT “(cid:37)”
`
`(LAST USE OF CARD STATEMENT/ BALANCE)
`
`
`
`
`
`
`
`10 of 19
`
`

`

` 09240234) 23005377
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
`
`
`
`
`NYSCE
`1 @ Account Access: jcpenneymastercard.com
`RECEIVED NYSCEF: @RARL#e/SMALB
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`.
`Account Number ending in HIBSSS
`Fiatinum/Cerdmembey ae
`31 DayBilling Cycle from 06/26/2020 to 07/26/2020
`
`CustomerService: 1-866-227-5213
`
`PaymentInformation
`
`$927.58
`New Balance:
`5
`$38.00
`, Total Minimum PaymentDue:
`08/18/2020
`—<7
`Payment DueDate:
`Late Payment Warning:
`If we do not receive your Total Minimum Payment
`Due by the Payment Due Datelisted above, you may haveto paya late fee
`up to $38.00.
`If you make only the minimum payment each
`Minimum Payment Warning:
`period, you will pay morein interest and it will take you longerto pay off
`your balance. For example:
`
`And you will end
`Youwill pay off
`If you make no
`up paying an
`the balance
`additional charges
`estimated total
`shownonthis
`using this card
`and each month
`statementin
`of...
`
` you pay.... about...
`
`
`Payments must be received by 5pm ET on
`08/18/2020if mailed, or by 11:59pm ET on
`08/18/2020 for online and phone payments. Your
`in-store payment must be received during store
`hours on 08/18/2020.
`NOTICE: Your payment may be converted into an
`electronic debit. See reverse for details, Billing
`Rights Information and other important
`information.
`
`New Yorkresidents may contact the New York State
`Departmentof Financial Services by telephone or
`visit its website for free information on comparative
`credit card rates, fees and grace periods.
`NY State Dept of Financial Services:
`1-800-342-3736 http:/Avww.dis.ny.gov
`
`
`
`
`
`
`
`Only the Minimum
`payment
`
`3 years
`
`$1,334.00
`
`If you would like information about—_credit counseling services, call
`1-877-302-8775.
`
`Account Summary
`Previous Balance asof 06/26/2020
`Payments
`Interest Charges
`New Balance asof 07/26/2020
`
`$1,087.44
`- 181.00
`+ 21.14
`$927.58
`
`Credit Limit
`Available Credit
`eeeten Limit
`JCPenney Mastercard Rewards
`Current Status
`PLATINUM
`See RewardsDetail section.
`
`$1,100
`$172
`a
`
`in your area has reopened!
`
`A JCPenneystore
`
`m=
`
`A
`
`contact-free
`curbside pickup
`
`enhanced
`cleaning
`
`contactless
`checkout
`
`Visit j¢p.com/openstores to learn more.
`
`PLEASE DETACH AND RETURNTHIS STUB WITH YOUR CHECK PAYABLE TO SYNCHRONY BAI
`
`JCPenney @)AccountNumberSAHHEEBBS
`
`
`Platinum Cardmember
`mostarcard,
`New Balance
`$927.58
`Total Minimum Payment Due
`$38.00
`Payment Due Date
`08/18/2020
`Amount
`eed
`New address or email? Print changes on the back.
`
`i
`|
`eT Foe aha eat
`Yew Ano Bay vox sIEY os 2
`WON JOOSMey Mae Terca cc. COM
`
`CHARLIE SMALL
`96 YATES ST
`ROCHESTERNY 14609-2227
`
`Make Synchrony Bank/JCP
`Payment P.O. Box 960090
`To: Orlando FL 32896-0090
`
`5433
`
`BCT
`
`1
`
`7
`
`23
`
`200726
`
`11PAS% 1 pd 5
`11 of 19
`
`1246
`
`0400 C832
`
`0O1HJ5433
`
`

`

`TD SRA 02H 2 3005377
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
`
`NYSCI
` ED NYSCI
`EF’:
`05/23/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`
`Need an extra card?
`
`
`
`Call us at 1-866-448-4367
`
`12 of 19
`12 of 19
`
`

`

`0F 240234 23005377
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
`
`
`
`NYSCERESE Aj
`RECEIVED NYSCEF:_ GHABLIF/SMALE
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`Nn
`‘@
`Account Number ending in SEBS55
`
`Platinum Cardmember
`
`mastercard.
`
`31 DayBilling Cycle from 06/26/2020 to 07/26/2020
`
`JCPenney Mastercard Rewards Detail
`Mastercard Rewards Points as o7/26/2020
`Previous Point Balance
`Points Activity On This Statement
`Purchasesoutside of JCPenney & jcp.com
`Adjustments
`BonusPoints
`Points Redeemed
`New Point Balance
`Points Needed for a Certificate
`
`0
`0
`0
`0
`0
`1,000
`
`0
`
`Earn 1 Mastercard Rewardspoint for every $1 spent outside
`of JCPenney & jcp.com, and automatically receive a $10
`JCPenney Mastercard rewardscertificate for every 1,000
`rewardspoints.
`
`Plus, spend $500 at JCPenney & jcp.com to earn Gold Card
`status, or $1,000 at JCPenney & jcp.com to earn Platinum
`Card status and enjoy even more exclusive benefits!
`
`Find more details at jcp.com/credit.
`
`DID YOU KNOW...
`With your JCPenney Mastercard®, you’re automatically a Rewards member! Plus, you can
`earn $10 JCPenney Rewards 2X faster when you shop with your card at JCPenney and jcp.com.
`Purchases subject to credit approval. Exclusions apply. See your Rewards Program Terms and Conditions for details.
`The JCPenney Mastercard is issued by Synchrony Bank pursuant to a license
`JCPenn
`a ==
`C- e a
`by Mastercard International Incorporated. Mastercard is a registered trademark,
`ey
`and thecircles design is a trademark of Mastercard International Incorporated.
`
`
`
`Transaction Detail
`
`Date
`Reference #
`Description
`Amount
`
`Payments
`-$181.00
`07/03
`8546680J900XTMJG6
`PHONE/ONLINE PMT THANK YOU
`-$181.00
`Total Fees Charged This Period
`$0.00
`
`Total Interest Charged This Period
`$21.14
`
`07/26
`INTEREST CHARGE ON PURCHASES
`$21.14
`07/26
`INTEREST CHARGE ON CASH ADVANCES
`$0.00
`
`2020 Year-to-Date Fees andInterest
`Total Fees Charged
`Total Interest Charged
`Total Interest Paid
`
`$179.00
`$164.04
`$142.90
`
`Interest Charge Calculation
`Your Annual Percentage Rate (APR)
`is the annualinterest rate on your account.
`
`(v) = variable rate
`
`
`salance[__suis|“his”_{renetnotae|“cetie| _Shoge_
`PurchasesiY25.99%|25.99%(vy||g957.84|s4| sat.|a|
`
`Percentage Rate
`
`Interest Rate
`
`Charged
`
`Balance
`
`Date
`
`New Promotional Financing Plans
`Eligible card purchases maybebilled under one of the following promotions: No Interestfor 6, 12, 18, 24 or 30 months. For each
`promotion, after the promotion ends, a 25.99% APRwill apply. If a (v) is shown after your APRin the Interest Charge Calculation
`section ofthis billing statement, the APRis a variable rate and will vary with the market based on the Prime Rate. Minimum monthly
`payments are required. See promotional advertising for further details.
`
`Eligible card purchases maybebilled under one of the following promotions: NoInterest if Paid in Full Within 6, 12, 18, 24 or 30
`months. For each promotion, if the promotional balanceis notpaid in full within the promotional period, interest will be imposed
`from the date of purchase at the APRthat applies to your account when the promotional purchaseis made. For each promotion,
`after the promotion ends, a 25.99% APRwill apply. If a (v) is shown after your APRin the Interest Charge Calculation section of this
`billing statement, the APRis a variable rate and will vary with the market based on the Prime Rate. Minimum monthly payments are
`required. See promotional advertising for furtherdetails.
`
`JCPenney
`
`Easy to give. Sure to please.
`
`JCPenney
`
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`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`0F 240234) 23005377
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
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`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/23/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`
`Cardmember News & Information
`Weare here to support you and are working hard to ensure our Synchrony team members can continue to provide you with
`uninterrupted, dependable service. We encourage you to use our online and mobile servicing tools.
`
`As COVID-19 andits impact continue to evolve and develop, we remain focused on the health and safety of our employees and our
`communities, as well as our commitment to you, our customers.
`
`Weare also aware that some of our customers may experience financial hardship as a result of COVID-19.If you are impacted,
`please contact us to discuss how we can help.
`Did you know your Mastercard offers Mastercard ID Theft Protection. For more information about this benefit or to view the
`current benefits offered by Mastercard, please visit: www.mastercard.com/corecredit-GTB.
`Synchrony Bank may continue to obtain information, including employment and incomeinformation from others about you
`(including requesting reports from consumerreporting agencies and other sources) to review, maintain or collect your account.
`Synchrony is committed to servicing your JCPenney Credit Card/Mastercard account. Please make payments when due by sending
`to the address on your billing statement, visiting jcpcreditcard.com or at your local CheckFreePay* and MoneyGram*locations.
`*Fees may apply.
`
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`202305240234
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`CIVIL202305240234
`DESH 022 3005377
`*“ MONROE COUNTY CLERK” 05/23/2
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
`
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`
`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/23/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
`
`JCPenney
`Re.
`
`
`
`Dear Valued JCPenney Cardmember,
`
`| hope you, your families, and loved onesare staying safe and healthy during this
`wee ee eea ate
`
`e Plus, any rewards earned betweenApril 1-30, 2020,will be extended
`an additional 60 days.
`e Check your revised expiration dates at jep.com/rewards.
`
`JCPenney is welcoming customers backto select stores in a phased approach
`as it is safe to do so and continuing to offer our Contact-free curbside pickup service
`at all open stores — check out our JCPenneyblogfor the latest store opening,
`https://companyblog.jcpnewsroom.com/storesopen/.
`
`SPECIAL
`FINANCING
`
`Exclusively for JCPenney
`Mastercard® Cardmembers
`
`Use your card for a more convenient way
`to pay for large purchases—in store and jcp.com!
`- Furniture (online only)
`- Window treatments
`- Optical
`- Fine jewelry & watches
`
`
`
`"Subject to credit approval. See store associate or jcp.cem tordetails.
`The JCPenney Mastercardis issued by Synchrony Bank pursuant te a license by Mastercard International Incorporated.
`Mastercard is a registered trademark, and the circles
`design is a trademark of Mastercard International Incorporated.
`
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` Se 2402340 23005377
`202305240234
`05/24/2023 09:38:33 AM
`CIVIL202305240234
`INDEX NO. E2023005377
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`
`
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`
`NYSCEF DOC. NO.
`1
`RECEIVED NYSCEF: 05/23/2023
`NYSCEF DOC. NO. 1
`RECEIVED NYSCEF: 05/23/2023
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`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
` Index No.
`
`
`Year
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`
`
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`
`
`
`
`
`
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`LVNV Funding LLC
`
`Plaintiff
`
`-against-
`
`Charlie Small
`
`Defendant(s)
`
`
`SUMMONS AND COMPLAINT
`
`Signature (Rule 130-1. 1-a)
`
`____________________________
` Stephen Einstein
` Urva S. Ahmed
` Anthony S. Poulin
` Joseph J. Cassotta
` Scott Morris
` Joseph G. Devine
` Chester Andrew Guala
` Gerard W. DeStefano
`
`
`
`
`LAW OFFICE OF
`TROMBERG, MORRIS & POULIN, PLLC.
`Attorney(s) for Plaintiff
`Office and Post Office Address
`39 Broadway, Suite 1250
`New York, New York 10006
`(212) 267-3550
`Fax (212) 227-9656
`
`Service of a copy of the within ___________________ is hereby admitted.
`Dated,
`
`Attorney(s) for Plaintiff(s)
`
`
`
`
`
`Sir: Please take notice
`
`
`NOTICE OF ENTRY:
`
`That within is a (certified) true copy of a duly entered in the office of the clerk
`of the within named court on
`
`NOTICE OF SETTLEMENT
`
`That an order __________________ of which the within is a true copy of a
`Settlement to the HON.
`___________________ Presented for one of the
`judges
`
`Of the within named court, at
`On the ___ day of _____ 2023 at __ A.M
`Dated,
`
`S_S_SUP-BB
`
`
`17 of 19
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`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`Plaintiff,
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`
`LVNV Funding LLC
`
`
`
`
`-against-
`
`
`
`
`Charlie Small
`
`
`
`
`
`
`
`Defendant(s).
`
`
`
`(cid:44)(cid:49)(cid:39)(cid:40)(cid:59)(cid:3)(cid:651)(cid:29)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)(cid:3)
`
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`
`
`
`
`
`NOTICE OF COMMENCEMENT OF ACTION
`SUBJECT TO MANDATORY ELECTRONIC FILING
`
`
`
`
`
`PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
`
`electronically filed case in the New York State Courts Electronic Filing System (“NYSCEF”) as
`required by CPLR § 2111 and Uniform Rule § 202.5-bb (MANDATORY ELECTRONIC FILING).
`This notice is being served as required by that rule.
`
`
`NYSCEF is designed for the electronic filing of documents with the County Clerk and the
`court and for the electronic service of those documents, court documents, and court notices upon
`counsel and unrepresented litigants who have consented to electronic filing.
`
`Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be
`filed with the County Clerk and the court and served on other parties simply, conveniently, and
`quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
`NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
`documents are served automatically on all consenting e-filers as soon as the document is uploaded to
`the website, which sends out an immediate email notification of the filing.
`
`The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record,
`nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can
`be done on-line.
`
`Parties represented by an attorney: An attorney representing a party who is served with this
`notice must either: 1) immediately record his or her representation within the e-filed matter on the
`NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is
`pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that
`they lack the computer hardware and/or scanner and/or internet connection or that they lack (along
`with all employees subject to their direction) the operational knowledge to comply with e-filing
`requirements. [Section 202.5-bb(e)]
`
`Parties not represented by an attorney: Unrepresented litigants are exempt from efiling.
`They can serve and file documents in paper form and must be served with documents in paper
`form. However, an unrepresented litigant may participate in e-filing. For information on how to
`participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where
`the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also are
`encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action
`was filed. An unrepresented litigant who consents to e-filing may cease participation at any time.
`However, the other parties may continue to e-file their court documents in the case.
`
`
`S_S-EFI
`
`
`18 of 19
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`

`05/24/2023 09:38:33 AM
`202305240234
`FILED: MONROE COUNTY CLERK 05/23/2023 06:00 PM
`NYSCEF DOC. NO. 1
`
`CIVIL202305240234
`INDEX NO. E2023005377
`
`RECEIVED NYSCEF: 05/23/2023
`
`
`
`
`____________________________
` Stephen Einstein
` Urva S. Ahmed
` Anthony S. Poulin
` Joseph J. Cassotta
` Scott Morris
` Joseph G. Devine
` Chester Andrew Guala
` Gerard W. DeStefano
`
`
`Tromberg, Morris & Poulin, PLLC.
`39 Broadway, Suite 1250
`New York, N.Y. 10006
`(212) 267-3550
`www.tmppllc.com
`
`
`
`
`
`
`
`
`For additional information about electronic filing and to create a NYSCEF account, visit the
`NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-
`386-3033; e-mail: efile@nycourts.gov).
`
`Dated: May 10, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TO:
`Charlie Small
`
`96 Yates St
`Rochester NY 14609-2227
`
`
`
`
`
`
`
`
`
`
`
`Matter # 488694
`
`
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`
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`S_S-EFI
`
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`19 of 19
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`