Preview
FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
____________________ _______________________ Plaintiff designates ONONDAGA County
MIDLAND CREDIT MANAGEMENT, INC as the place of trial; the defendant resides
in ONONDAGA County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. C596532
ROBERT TALLARICO
DEFENDANT. SUMMONS
____________________ _______________________ Plaintiff s address: 350 CAMINO DE LA
RE1NA, STE 100
SAN DIEGO, CA 92108
The Basis of the Venue isDefendant's
Residence
CONSUMER CREDIT TRANSACTION
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, or, ifthe complaiñt isnot served with this summons, to serve a
notice of appearance, on the plaintiff s attorney within 20 days after the service of this summons
exclusive of the day of service (or within 30 days afterthe service is complete ifthis summons is
not personally delivered to you within the stateof New York); and in case of your failureto
appear or answer, judgmeñt will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: December 15, 2020
Selip & Stylianou, LLP
Attorneys forplaintiff
P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004
(516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500
Refer to S&S File No. C596532
Defendant to be served: ROBERT TALLARICO, 10 CURTIS AVE, BALDWINSVILLE, NY
13027
This comniesicatiGñ is from a debt collector and is an attempt to collect a debt. Any
information entained will be used for that purpose.
By.
MARGA F1 LESZKIEWICZ ESQ.
IIIIIII!!!!!!!!!!!!!!!!!!!!IIIIIIIIIIIIIIIIII
IIIIIIIII IIIIIIIIIIIIIIIIIIII!|||!!!!!!!!!!!!!!|IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
MIDLAND CREDIT MANAGEMENT, INC
PLAINTIFF, INDEX NUMBER:
-AGAINST- S&S FILE NO. C596532
ROBERT TALLARICO COMPLAINT
DEFENDANT.
____________________ _____________________________
Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiffisa foreigncorporation licensedto transactbusiness inNew York.
2. Upon information and belief,the Defendant(s) residesor has an office inthe county inwhich
thisaction is brought,or theDefendant(s) transacted business within the county inwhich thisaction is
brought, eitherinperson or through an agent and the instantcause of action arose out ofsaid transaction.
3. Based upon a reasonable inquiry,the Statute of Limitations forthe cause of action asserted
hereinhas not expired.
FACTS
4. Plaintiffspredecessor in interest,CREDIT ONE BANK , N.A. (hereinafter"Original
Creditor"),offered to open an account, account no. ending in 9575 (11éreliiafter
the "Account"), in
Defendant's name on April 16, 2019, subjectto theterms and conditions provided, or made availablein
electronicformat, to theDefendant (the "Agreement").
5. Defendant accepted the offerby using the Account.
6. Defendant defaulted by failingto repay the Account balance. The Defendant's lastpayment
was receivedon or about August 06, 2019 inthe amount of $51.00.
7. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make
allthe requiredpayments, and as a resultthe Account was charged off on April 01, 2020 inthe amount of
$830.32.
8. The OriginalCreditor sold theAccount, including allright,titleand interestin and tothe
outstanding balance owed by Defendant. Plaintiffpurchased the Account on or about May 20, 2020 and is
now the owner and assignee of theAccount.
AS AND FOR A FIRST CAUSE OF ACTION
9. Plaintiff
repeats and re-alleges each and every allegation contained in theforegoing
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FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020
paragraphs as ifmore fullysetforth herein.
10. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all
payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$830.32, no part of
which has been paid despite due demand therefor.
WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $830.32 together
with costs and disbursements.
The undersigned attorney hereby certifies
that,to thebest of his/herknowledge, information, and belief,
formed afteran inquiry reasonable under the circumstances, the presentation of thewithin corœplaiñt and
the contentions therein are not frivolousas defined in part130-1.1(c) of therules of theChief
Administrator.
Dated: DECEMBER 15,2020
YOURS,
By:
MARGA LESZKIEWICZ ESQ.
Selip & Stylianou, LLP, Attorneys for Plaintiff
199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (866) 848-8975 ext.8991;
S&S File No. C596532
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FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
_____________________________________ ____________
Midland Credit Management, Inc
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
ROBERT TALLARICO S&S FILE NO. C596532
DEFENDANT.
____________________ _____________________________
NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing
System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the
Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that
Section.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed
matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of
the limited exemptions from mandatory e-filing (see below). Failure to record representation may result
in an inability to receive electronic notice of any document filings. Claiming an exemption will require
the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF
account and obtain a userID and password. For additional information about electronic filing, and to
create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the
NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60
Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) 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; and
2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such
parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the
action is pending.)
Dated: December 15, 2020
Selip af S(ylianou, LLP
By: MARGARET LESZKIEWICZ ESQ., Attorney for Plaintiff
P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004
(516) 686-8991; (800) 293-6006 ext. 8991;
To: ROBERT TALLARICO, 10 CURTIS AVE, BALDWINSVILLE, NY 13027
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Preview
FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ____________________ _______________________ Plaintiff designates ONONDAGA County MIDLAND CREDIT MANAGEMENT, INC as the place of trial; the defendant resides in ONONDAGA County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. C596532 ROBERT TALLARICO DEFENDANT. SUMMONS ____________________ _______________________ Plaintiff s address: 350 CAMINO DE LA RE1NA, STE 100 SAN DIEGO, CA 92108 The Basis of the Venue isDefendant's Residence CONSUMER CREDIT TRANSACTION 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, or, ifthe complaiñt isnot served with this summons, to serve a notice of appearance, on the plaintiff s attorney within 20 days after the service of this summons exclusive of the day of service (or within 30 days afterthe service is complete ifthis summons is not personally delivered to you within the stateof New York); and in case of your failureto appear or answer, judgmeñt will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: December 15, 2020 Selip & Stylianou, LLP Attorneys forplaintiff P.O. Box 9004, 199 Crossways Park Dr., Woodbury, NY 11797-9004 (516) 364-6006 ext. 8991; (866) 848-8975 ext. 8991; TTY/TRS: (516) 422-8500 Refer to S&S File No. C596532 Defendant to be served: ROBERT TALLARICO, 10 CURTIS AVE, BALDWINSVILLE, NY 13027 This comniesicatiGñ is from a debt collector and is an attempt to collect a debt. Any information entained will be used for that purpose. By. MARGA F1 LESZKIEWICZ ESQ. IIIIIII!!!!!!!!!!!!!!!!!!!!IIIIIIIIIIIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIIIII!|||!!!!!!!!!!!!!!|IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 of 4 FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA MIDLAND CREDIT MANAGEMENT, INC PLAINTIFF, INDEX NUMBER: -AGAINST- S&S FILE NO. C596532 ROBERT TALLARICO COMPLAINT DEFENDANT. ____________________ _____________________________ Plaintiff,by itsattorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiffisa foreigncorporation licensedto transactbusiness inNew York. 2. Upon information and belief,the Defendant(s) residesor has an office inthe county inwhich thisaction is brought,or theDefendant(s) transacted business within the county inwhich thisaction is brought, eitherinperson or through an agent and the instantcause of action arose out ofsaid transaction. 3. Based upon a reasonable inquiry,the Statute of Limitations forthe cause of action asserted hereinhas not expired. FACTS 4. Plaintiffspredecessor in interest,CREDIT ONE BANK , N.A. (hereinafter"Original Creditor"),offered to open an account, account no. ending in 9575 (11éreliiafter the "Account"), in Defendant's name on April 16, 2019, subjectto theterms and conditions provided, or made availablein electronicformat, to theDefendant (the "Agreement"). 5. Defendant accepted the offerby using the Account. 6. Defendant defaulted by failingto repay the Account balance. The Defendant's lastpayment was receivedon or about August 06, 2019 inthe amount of $51.00. 7. Demand forpayment of theAccount was made on Defendant, but Defendant failedto make allthe requiredpayments, and as a resultthe Account was charged off on April 01, 2020 inthe amount of $830.32. 8. The OriginalCreditor sold theAccount, including allright,titleand interestin and tothe outstanding balance owed by Defendant. Plaintiffpurchased the Account on or about May 20, 2020 and is now the owner and assignee of theAccount. AS AND FOR A FIRST CAUSE OF ACTION 9. Plaintiff repeats and re-alleges each and every allegation contained in theforegoing 2 of 4 FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020 paragraphs as ifmore fullysetforth herein. 10. As a resultof Defendant's breach of theAgreement, and aftercrediting Defendant for all payments and credits,there is now due and owing by Defendant to Plaintiffthe sum of$830.32, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiffdemands judgment against Defendant(s) inthe amount of $830.32 together with costs and disbursements. The undersigned attorney hereby certifies that,to thebest of his/herknowledge, information, and belief, formed afteran inquiry reasonable under the circumstances, the presentation of thewithin corœplaiñt and the contentions therein are not frivolousas defined in part130-1.1(c) of therules of theChief Administrator. Dated: DECEMBER 15,2020 YOURS, By: MARGA LESZKIEWICZ ESQ. Selip & Stylianou, LLP, Attorneys for Plaintiff 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (866) 848-8975 ext.8991; S&S File No. C596532 3 of 4 FILED: ONONDAGA COUNTY CLERK 12/16/2020 05:39 PM INDEX NO. 008627/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA _____________________________________ ____________ Midland Credit Management, Inc PLAINTIFF, -AGAINST- INDEX NUMBER: ROBERT TALLARICO S&S FILE NO. C596532 DEFENDANT. ____________________ _____________________________ NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by the filing of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a userID and password. For additional information about electronic filing, and to create a NYSCEF account, visitthe NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60 Centre Street, New York, New York 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) 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; and 2) parties who expect to represent themselves and who choose not to participate in e-filing. (Such parties are encouraged to visit www.nycourthelp.gov or contact the Help Center in the court where the action is pending.) Dated: December 15, 2020 Selip af S(ylianou, LLP By: MARGARET LESZKIEWICZ ESQ., Attorney for Plaintiff P.O. Box 9004, 199 Crossways Park Drive, Woodbury, NY 11797-9004 (516) 686-8991; (800) 293-6006 ext. 8991; To: ROBERT TALLARICO, 10 CURTIS AVE, BALDWINSVILLE, NY 13027 4 of 4