FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`PEARL DELTA FUNDING, LLC,
`
`
`Plaintiff,
`
`
`
`
`-against-
`
`
`SLICKWRAPS INC. and
`JONATHAN WESTON ENDICOTT,
`
`
`
`
`
`Defendants.
`
`
`
`Index No.:
`
`SUMMONS
`
`Plaintiff’s address is
`200 Broadway, Suite 2020
`New York, New York 10038
`
`
`TO THE ABOVE-NAMED DEFENDANTS:
`
`YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff attorney, at the
`
`address stated below, an answer to the attached complaint. If this summons was personally
`delivered upon you in the State of New York, the answer must be served within twenty days after
`such service of the summons, excluding the date of service. If the summons was not personally
`delivered to you within the State of New York, the answer must be served within thirty days after
`service of the summons is complete as provided by law.
`
`If you do not serve an answer to the attached complaint within the applicable time
`limitation stated above, a judgment may be entered against you, by default, for the relief demanded
`in the complaint, without further notice to you.
`
`The basis for venue is pursuant to the Contract entered into between the parties.
`
`Dated:
`
`
`The nature of this action is breach of contract.
`The relief sought is money damages.
`
`
`New York, New York
`September 24, 2019
`
`
`Theodore Jon Cohen, Esq.
`Attorney for Plaintiff
`112 West 34th Street, 18th Floor, PMB 27813
`New York, New York 10120
`Phone: (347) 899-4192
`Email: t.j.cohen.attorney@gmail.com
`
`
`
`Defendants to be served:
`SLICKWRAPS INC., 355 N. Mosley Street, Wichita, Kansas 67202
`JONATHAN WESTON ENDICOTT, 2024 S Welsh Street, Wichita, Kansas 37230
`
`
`
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`1 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`PEARL DELTA FUNDING, LLC,
`
`
`Plaintiff,
`
`
`
`-against-
`
`
`
` Index No.:
`
`
`VERIFIED
`COMPLAINT
`
`SLICKWRAPS INC. and
`JONATHAN WESTON ENDICOTT,
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`Plaintiff PEARL DELTA FUNDING, LLC ("Plaintiff'), by its attorney, Theodore Jon
`
`Cohen, Esq., for its complaint herein against SLICKWRAPS INC. ("Defendant") and
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`JONATHAN WESTON ENDICOTT ("Guarantor") (Company Defendant and Guarantor shall be
`
`collectively referred to as “Defendants”), alleges as follows:
`
`The Parties
`
`1.
`
`At all relevant times, Plaintiff was and is a Delaware Limited Liability Company
`
`qualified to do business in the State of New York.
`
`2.
`
`Upon information and belief, at all relevant times, Company Defendant was and is
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`a company organized and existing under the laws of the State of Kansas.
`
`3.
`
`Upon information and belief, at all relevant times, Guarantor was and is an
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`individual residing in the State of Kansas.
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`The Facts
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`4.
`
`On or about April 19, 2019, Plaintiff and Defendants entered into an agreement
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`(the "Agreement") whereby Plaintiff agreed to purchase rights to Company Defendant's future
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`receivables having an agreed upon value of $84,500.00.
`
`5.
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`Pursuant to the Agreement, Company Defendant agreed to exclusively use one
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`bank account approved by Plaintiff (the “Account”) into which the Company Defendant agreed to
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`deposit all of its receipts and from which Plaintiff was authorized to make daily ACH withdrawals
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`1
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`2 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 613305/2019
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`RECEIVED NYSCEF: 09/25/2019
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`until $84,500.00 was fully paid to Plaintiff.
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`6.
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`The Agreement provided that in the event Company Defendant used a bank
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`account other than the Account, closed the Account without prior authorization of Plaintiff, or
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`otherwise prevented Plaintiff from making the agreed upon ACH withdrawals, the Company
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`Defendant was in default of the Agreement.
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`7.
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`In addition, Guarantor agreed to guarantee any and all amounts owed to Plaintiff
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`from Company Defendant upon Company Defendant’s breach in performance of its Agreement
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`obligations.
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`8.
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`Plaintiff remitted the purchase price for the future receivables to Company
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`Defendant as agreed and thereby fulfilled all of its Agreement obligations.
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`9.
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`On or about August 9, 2019, Company Defendant blocked Plaintiff’s access to the
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`Account prevented Plaintiff from making the agreed upon ACH withdrawals and otherwise
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`defaulted under the terms of the Agreement by breaching its representations and warranties to
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`Plaintiff in direct violation of the Agreement.
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`10.
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`Company Defendant made payments totaling $56,400.00 leaving a balance of
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`$28,100.00. In addition, pursuant to the Agreement, Company Defendant incurred NSF fees in the
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`amount of $105.00 and a default account fee in the amount of $2,500.00.
`
`11.
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`Additionally, Guarantor is responsible for all amounts incurred as a result of any
`
`default in the Agreement by Company Defendant.
`
`12.
`
`There remains a balance due and owing to Plaintiff on the Agreement in the
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`amount of $30,705.00 plus interest at the statutory rate, costs, disbursements and attorney's fees.
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`AS AND FOR THE FIRST CAUSE OF ACTION (Breach of Contract)
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`13.
`
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`through 12 of this complaint as though fully set forth at length herein.
`
`2
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`3 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
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`14.
`
`Upon information and belief, Company Defendant is still conducting business
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`operations and still collecting receivables.
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`15.
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`During the course of the Agreement, the unpaid sums became due and payable to
`
`Plaintiff, in full as required by Plaintiff or pursuant to the terms of the Agreement in the event of
`
`any action constituting a default or breach of any of covenants or warranties contained in the
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`Agreement. Any outstanding balance owed by the Company Defendant at the time of default
`
`became immediately due and payable.
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`16.
`
`By reason of the foregoing, Plaintiff has suffered damages in the amount of
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`$30,705.00, plus interest at the statutory rate, costs, disbursements and attorney's fees.
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`AS AND FOR A SECOND CAUSE OF ACTION (Breach of Guarantee)
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`17.
`
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`through 16 of this complaint as though fully set forth at length herein.
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`18.
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`Pursuant to the Agreement, Guarantor guaranteed that Company Defendant would
`
`perform its obligations thereunder and that Guarantor would be individually, jointly, and severally
`
`liable for any loss suffered by Plaintiff as a result of a breach by Company Defendant.
`
`19.
`
`20.
`
`Company Defendant has breached the Agreement as detailed above.
`
`By reason of the foregoing, Plaintiff is entitled to judgement against Guarantor
`
`based on Guarantor’s breach of the guarantee in the sum of $30,705.00, plus interest at the
`
`statutory rate, costs, disbursements and attorney’s fees.
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`AS AND FOR A THIRD CAUSE OF ACTION (Unjust Enrichment)
`
`21.
`
`Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
`
`through 20 of this complaint as though fully set forth at length herein.
`
`22.
`
`Defendants have been unjustly enriched in that they have received the purchase
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`price for the future receivables, yet have failed to pay the sum of $30,705.00 pursuant to the
`
`3
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`4 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
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`Agreement.
`
`23.
`
`By reason of the foregoing, Plaintiff is entitled to judgment against the Defendants
`
`for unjust enrichment in the amount of $30,705.00, plus interest at the statutory rate, costs,
`
`disbursements and attorney’s fees.
`
` WHEREFORE, Plaintiff requests judgement against Defendants as follows:
`
`
`
`
`
`(i)
`
`On the first cause of action of the complaint, Plaintiff requests judgement
`
`
`
`
`
`
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`against Company Defendant in the amount of $30,705.00, plus interest at the
`
`statutory rate, costs, disbursements and attorney’s fees;
`
`(ii)
`
`On the second cause of action of the complaint, Plaintiff requests
`
`judgement against Guarantor in the amount of $30,705.00, plus interest at the
`
`statutory rate, costs, disbursements and attorney’s fees;
`
`(iii) On the third cause of action of the complaint, Plaintiff requests
`
`judgement against Defendants in an amount of $30,705.00, plus interest at the
`
`statutory rate, costs, disbursements and attorney’s fees;
`
`(iv)
`
`For such other and further relief as this Court deems just and proper.
`
`Dated: New York, New York
`
`September 24, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`Theodore Jon Cohen, Esq.
`Attorney for Plaintiff
`112 West 34th Street, 18th Floor, PMB 27813
`New York, New York 10120
`Phone: (347) 899-4192
`Email: t.j.cohen.attorney@gmail.com
`
`4
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`5 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
`
`FILED: NASSAU COUNTY CLERK 09E2019 12:19 P
`NYSCEF DOC. NO.
`1
`
`INDEX NO- “3305/2019
`
`
`
`
`
`R*.C*.IV*.D \IYSCEF:
`09/25/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`PEARL DELTA FUNDING, LLC,
`Plaintiff,
`
`-against-
`
`
`
`Index No.:
`
`VERIFICATION BY A PARTY
`
`
`
`
` Defendants.
`
`SLICKWRAPS INC. and
`
`JONATHAN WESTON ENDICOTT,
`
`
`ss.:
`
`) )
`
`)
`
`STATE OF NEW JERSEY
`
`COUNTY OF HUDSON
`
`ELIE FRIEDMAN, being duly sworn states that he is an Authorized Officer of
`
`Plaintiff in the within action. I have read the foregoing Verified Complaint and know the
`
`contents thereof; the same is true to my own knowledge, except as to matters therein stated to
`
`be alleged on information and belief, and as to those matters, I believe them to be true.
`
`The foregoing statements are true under penalties of perjury.
`
`ELIE FRIEDMAN, all, Raw“
`
`On Septemberfli 2019, before me personally appeared ELIE FRIEDMAN, personally known to me or proved to
`me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
`acknowledged to me that
`e executed the same in his capacity, and that by his signature on the instrument, the
`
`individual, or the persongs’or/entifyupdn\behalfofwhich the individual acted, executed the instrument.
`j); /w x
`\k/
`\\\
`
`3
`
`ii
`
`Wb——%,J————*___———_——
`Notary Public, State of New Jersey
`(\
`i
`.
`.,
`\‘43,_..«\
`1
`My Commission Expires: Jr“{/3147 Li 3-53V1LS-2
`
`Notary Stamp/Seal.
`
`Alina T Castro
`Notary Public - State of NJ
`Comm. No. 50098079
`Qualified in Hudson County
`Commission Expires
`
`February 4. 2034
`
`6 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`PEARL DELTA FUNDING, LLC,
`
`
`Plaintiff,
`
`
`
`
`-against-
`
`
`SLICKWRAPS INC. and
`JONATHAN WESTON ENDICOTT,
`
`
`
`
`Index No.:
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`NOTICE OF ELECTRONIC FILING (Mandatory Case, Uniform Rule §202.5-bb)
`YOU HAVE RECEIVED THIS NOTICE because:
`1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
`New York State Courts E-filing system (“NYSCEF”), and
`2) You are a Defendant/Respondent (a party) in this case.
`If you are represented by an attorney - Give this Notice to your attorney.
`•
`(Attorneys: see “Information for Attorneys” below).
`If you are not represented by an attorney: You will be served with all
`•
`documents in paper and you must serve and file your documents in paper, unless you choose
`to participate in e-filing. If you choose to participate in e-filing, you must have access to a
`computer and a scanner or other device to convert documents into electronic format, a
`connection to the internet, and an e-mail address to receive service of documents.
`The benefits of participating in e-filing include:
`serving and filing your documents electronically
`•
`free access to view and print your e-filed documents
`•
`limiting your number of trips to the courthouse
`•
`paying any court fees on-line (credit card needed)
`•
`To register for e-filing or for more information about how e-filing works:
`visit: www.nycourts.gov/efile-unrepresented or
`•
`contact the Clerk’s Office or Help Center at the court where the case was filed.
`•
`Court contact information can be found at www.nycourts.gov
`To find legal information to help you represent yourself visit www.nycourthelp.gov.
`
`
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`1
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`7 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
`
`Information for Attorneys (E-filing is Mandatory for Attorneys)
`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 www.nycourts.gov/efile; or
`2) file the Notice of Opt-Out form with the clerk of the court where this action is pending
`and serve on all parties. 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 knowledge to operate such
`equipment. [Section 202.5-bb(e)]
`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: September 24, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`Theodore Jon Cohen, Esq.
`Attorney for Plaintiff
`
`112 West 34th Street, 18th Floor, PMB 27813
`New York, New York 10120
`Phone: (347) 899-4192
`Email: t.j.cohen.attorney@gmail.com
`
`
`To:
`SLICKWRAPS INC., 355 N. Mosley Street, Wichita, Kansas 67202
`JONATHAN WESTON ENDICOTT, 2024 S Welsh Street, Wichita, Kansas 37230
`
`
`
`2
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`8 of 9
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`FILED: NASSAU COUNTY CLERK 09/25/2019 12:19 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 613305/2019
`
`RECEIVED NYSCEF: 09/25/2019
`
`
`
`
`
`
`
`
`
`Year: 2019
`Index No.
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
`
`PEARL DELTA FUNDING, LLC,
`
`
`
`
`
`
`SLICKWRAPS INC. and
`JONATHAN WESTON ENDICOTT,
`
`
`
`
`RJI No.
`
`Hon.
`
`-against-
`
`Plaintiff,
`
` Defendants.
`
`SUMMONS, VERIFIED COMPLAINT and NOTICE OF ELECTRONIC FILING
`
`
`
`Theodore Jon Cohen, Esq.
`Attorney for Plaintiff
`Office and Post Office Address, Telephone
`112 West 34th Street, 18th Floor, PMB 27813
`New York, New York 10120
`Phone: (347) 899-4192
`Email: t.j.cohen.attorney@gmail.com
`
`
`Pursuant to 22 NYCRR 130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State,
`certifies that, upon information and belief and reasonable inquiry, the contentions contained in the annexed document
`are not frivolous.
`
`Dated: September 24, 2019
`
`
`Signature:
`
`
`
`
`
`To:
`
`Attorney(s) for
`
`
`Service of a copy of the within is hereby admitted.
`
`Dated:
`
`
`Attorney(s) for
`
`
`
`
` Theodore Jon Cohen, Esq.
`
`
`
`
`
`
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`9 of 9
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