Preview
FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
____________________________________________ Plaintiff designates CHEMUNG County
MIDLAND CREDIT MANAGEMENT, INC as the place of trial; the defendant resides
in CHEMUNG County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE DATE:
S&S FILE NO. C606836
HEATHER VANDERHOFF
DEFENDANT. SUMMONS
____________________________________________ Plaintiffs address: 350 CAMINO DE LA
REINA, STE 100
SAN DIEGO, CA 92108
The Basis of the Venue is Defendant'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, if the complaint is not served with this summons, to serve a
notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons,
exclusive of the day of service (or within 30 days after the service is complete if this summons is
not personally delivered to you within the state of New York); and in case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint, together with the costs of this action.
Dated: September 21, 2023
Selip & Stylianou, LLP
Attorneys for plaintiff
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. C606836
Defendant to be served: HEATHER VANDERHOFF, 672 W HILL RD, ELMIRA, NY 14903
This communication is from a debt collector and is an attempt to collect a debt. Any
information obtained will be used for that purpose.
By:
MIEHELL SELIP ESQ.
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FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
__________________________________________________
MIDLAND CREDIT MANAGEMENT,INC
PLAINTIFF, INDEXNUMBER:
-AGAINST- S&S FILE NO. C606836
HEATHERVANDERHOFF COMPLAINT
DEFENDANT.
__________________________________________________
Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that:
1. Plaintiff is a foreign corporation licensed to transact 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.
FACTS
4. Plaintiffs predecessor in interest, COMENITY CAPITAL BANK (hereinafter "Original
Creditor"), opened an ULTAMATE REWARDS-branded account (hereinafter the "Account") in
Defendant's name on November 30, 2018, subject to the terms and conditions provided, or made available
in electronic format, to the Defendant (the "Agreement").
5. Defendant used the Account and incurred a balance. The last four digits of the Account
number on the most recent monthly statement recording a purchase transaction, last payment, or balance
transfer (the "Last Activity Statement") are 1529, and the balance owed as set forth in the Last Activity
Statement was $648.37.
6. Defendant breached the terms of the Agreement by failing to make the agreed-upon payments
when due.
7. Demand for payment of the Account was made on Defendant, but Defendant failed to make
all the required payments. The Defendant's last payment was made on or about November 27, 2020 in the
amount of $69.00.
8. As a result of Defendants default, the Original Creditor closed the Account and subsequently
charged it off on July 31, 2021 in the amount of $1,048.51, as reflected in the attached statement.
9. The Original Creditor sold the Account, including all right, title and interest in and to the
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FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023
outstanding balance owed by Defendant. The account balance at time of the sale was
$1,048.51. Plaintiff purchased the Account on or about August 19, 2021 and is now the owner and assignee
of the Account. The full chain of title of the Account is as follows:
⬢ On or about 08/19/2021, Midland Credit Management, Inc purchased the account from
COMENITY CAPITAL BANK.
10. The balance currently due and owing is $1,048.51, itemized as follows:
Balance due at time of charge-off: $1,048.51
Plus total amount of interest accrued since charge-off: $0.00
Plus total amount of non-interest charges or fees since charge-off: $0.00
Plus total amount of dishonored payments: $0.00
Less total amount of payments and/or credits since charge-off: $0.00
AS AND FOR A FIRST CAUSE OF ACTION
11. Plaintiff repeats and re-alleges each and every allegation contained in the foregoing
paragraphs as if more fully set forth herein.
12. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all
payments and credits, there is now due and owing by Defendant to Plaintiff the sum of $1,048.51, no part
of which has been paid despite due demand therefor.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the amount of $1,048.51 together
with costs and disbursements.
The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief,
formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and
the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief
Administrator.
Dated: SEPTEMBER 21, 2023
YOUR , C.
By:
MIT ELL SELIP 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. C606836
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FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
__________________________________________________
Midland Credit Management, Inc
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
HEATHER VANDERHOFF S&S FILE NO. C606836
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, visit the 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: September 21, 2023
S ip & Stylianou, LL
By: MITCHELL SELIP 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: HEATHER VANDERHOFF, 672 W HILL RD, ELMIRA, NY 14903
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Preview
FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG ____________________________________________ Plaintiff designates CHEMUNG County MIDLAND CREDIT MANAGEMENT, INC as the place of trial; the defendant resides in CHEMUNG County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. C606836 HEATHER VANDERHOFF DEFENDANT. SUMMONS ____________________________________________ Plaintiffs address: 350 CAMINO DE LA REINA, STE 100 SAN DIEGO, CA 92108 The Basis of the Venue is Defendant'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, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiffs attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the state of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint, together with the costs of this action. Dated: September 21, 2023 Selip & Stylianou, LLP Attorneys for plaintiff 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. C606836 Defendant to be served: HEATHER VANDERHOFF, 672 W HILL RD, ELMIRA, NY 14903 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. By: MIEHELL SELIP ESQ. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 of 4 FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG __________________________________________________ MIDLAND CREDIT MANAGEMENT,INC PLAINTIFF, INDEXNUMBER: -AGAINST- S&S FILE NO. C606836 HEATHERVANDERHOFF COMPLAINT DEFENDANT. __________________________________________________ Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is a foreign corporation licensed to transact 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. FACTS 4. Plaintiffs predecessor in interest, COMENITY CAPITAL BANK (hereinafter "Original Creditor"), opened an ULTAMATE REWARDS-branded account (hereinafter the "Account") in Defendant's name on November 30, 2018, subject to the terms and conditions provided, or made available in electronic format, to the Defendant (the "Agreement"). 5. Defendant used the Account and incurred a balance. The last four digits of the Account number on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer (the "Last Activity Statement") are 1529, and the balance owed as set forth in the Last Activity Statement was $648.37. 6. Defendant breached the terms of the Agreement by failing to make the agreed-upon payments when due. 7. Demand for payment of the Account was made on Defendant, but Defendant failed to make all the required payments. The Defendant's last payment was made on or about November 27, 2020 in the amount of $69.00. 8. As a result of Defendants default, the Original Creditor closed the Account and subsequently charged it off on July 31, 2021 in the amount of $1,048.51, as reflected in the attached statement. 9. The Original Creditor sold the Account, including all right, title and interest in and to the 2 of 4 FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023 outstanding balance owed by Defendant. The account balance at time of the sale was $1,048.51. Plaintiff purchased the Account on or about August 19, 2021 and is now the owner and assignee of the Account. The full chain of title of the Account is as follows: ⬢ On or about 08/19/2021, Midland Credit Management, Inc purchased the account from COMENITY CAPITAL BANK. 10. The balance currently due and owing is $1,048.51, itemized as follows: Balance due at time of charge-off: $1,048.51 Plus total amount of interest accrued since charge-off: $0.00 Plus total amount of non-interest charges or fees since charge-off: $0.00 Plus total amount of dishonored payments: $0.00 Less total amount of payments and/or credits since charge-off: $0.00 AS AND FOR A FIRST CAUSE OF ACTION 11. Plaintiff repeats and re-alleges each and every allegation contained in the foregoing paragraphs as if more fully set forth herein. 12. As a result of Defendant's breach of the Agreement, and after crediting Defendant for all payments and credits, there is now due and owing by Defendant to Plaintiff the sum of $1,048.51, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the amount of $1,048.51 together with costs and disbursements. The undersigned attorney hereby certifies that, to the best of his/her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the presentation of the within complaint and the contentions therein are not frivolous as defined in part 130-1.1(c) of the rules of the Chief Administrator. Dated: SEPTEMBER 21, 2023 YOUR , C. By: MIT ELL SELIP 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. C606836 3 of 4 FILED: CHEMUNG COUNTY CLERK 09/27/2023 11:10 AM INDEX NO. 2023-5731 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHEMUNG __________________________________________________ Midland Credit Management, Inc PLAINTIFF, -AGAINST- INDEX NUMBER: HEATHER VANDERHOFF S&S FILE NO. C606836 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, visit the 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: September 21, 2023 S ip & Stylianou, LL By: MITCHELL SELIP 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: HEATHER VANDERHOFF, 672 W HILL RD, ELMIRA, NY 14903 4 of 4