FILED: NEW YORK COUNTY CLERK 07/26/2013 INDEX NO. 156836/2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/26/2013 CONSUMER CREDIT TRANSACTION ------------------------------------------------------------x Index No. Date Purchased: Plaintiff resides at: 4315 S 2700 W Salt Lake City 84184 WESLEY W COLL Plaintiff, Defendant(s). ------------------------------------------------------------x S U M M O N S The basis of venue designated is defendant s residence: 161 PRINCE ST APT 20 New York, NY 10012, or the transaction took place in the County Of New York 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 within twenty (20) days after the service of this summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or within thirty (30) days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Defendant's address: Wesley W Coll 161 Prince St Apt 20 New York, NY 10012 Attorneys for Plaintiff By: /s/ George Panteris George Panteris (718) 281-2154 Our File #: 00-26760
--------------------------------------------------------x Index No. WESLEY W COLL, Plaintiff, VERIFIED COMPLAINT Defendant(s) ---------------------------------------------------------------x Plaintiff, by its attorneys, Panteris & Panteris, LLP, complaining of the defendant(s) alleges as follows: 1. Plaintiff is a Federal Savings Bank with offices for the transaction of business at 4315 S 2700 W Salt Lake City, UT 84184. 2. Upon information and belief, the defendant, was and still is a resident of the county in which this action is brought, or the defendant transacted business within the county in which this action is brought, either in person or through an agent and the instant cause of action arose out of said transaction. AS AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 2 as if more fully set forth at length herein. 4. The defendant herein entered into a credit card agreement with Plaintiff. 5. Plaintiff issued credit card to the defendant under account number ending in 92006, and defendant agreed to pay for any goods and services or obtained monies upon said credit card.
6. The defendant charged goods and services or obtained monies advanced upon such credit card upon which there is a balance due and owing, of the principal amount of $49,415.91. 7. No part of the balance due has been paid although duly demanded, and there is presently due and owing the sum of $49,415.91. AS AND FOR A SECOND CAUSE OF ACTION 8. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 7 as if more fully set forth at length herein. 9. Plaintiff duly stated an account to defendant in the amount of $49,415.91, and the same was retained without objection. 10. By reason thereof, an account was taken and stated between the parties hereto. WHEREFORE, it is respectfully requested that Plaintiff be awarded judgment on its first and second causes of action in the amount of $49,415.91 costs and disbursements of this action. Attorneys for Plaintiff By: /s/ George Panteris George Panteris (718) 281-2154 Our File #: 00-26760
ATTORNEY VERIFICATION GEORGE PANTERIS, being duly sworn, deposes and says: 1. I am a member of the firm of Panteris & Panteris, LLP, attorneys for the plaintiff, with offices at 35-16 Bell Boulevard, Bayside, New York 11361. 2. I have read the foregoing complaint and know the contents thereof. 3. To my knowledge, the contents of the complaint are true except to matters alleged on information and belief, and as to those matters I believe them to be true. 4. The grounds of my belief as to all matters not stated upon my knowledge are review of documents and records in possession of plaintiff, and conversations and communications with employees, agents and servants of plaintiff. 5. The reason I make this verification instead of plaintiff is that plaintiff is not in the County in which its attorneys have their office. /s/ George Panteris GEORGE PANTERIS
=========================================== Plaintiff(s), Index No. WESLEY W COLL, Defendant(s). =========================================== =================================================================== SUMMONS AND VERIFIED COMPLAINT =================================================================== Attorney for Plaintiff Tel: (718) 281-2154 Fax: (718) 281-4746