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FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
EXHIBIT B
FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
CLERK INDEX NO. 2022-00022471
F ILED : CLINTON COUNTY 12 /23 /2022 0 9: 49 A14
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
Midland Credit Management, Inc, Index No.:
Plaintiff, Date Purchased
vs. SUMMONS
The basis of the venue designated is
The defendant resides in the
JUSTIN WEMPLE, County of Clinton
Defendant. The transaction took place in the
County of Clinton
To the above-named Defendant:
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 Plaintiff's Attorney(s) at the address stated below 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 ofNew 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.
Dated: Williams 1 e,
, 20 By
MAG '
L ROUP, LLP
Heather A. hnson, Esq.
Lisa Steine , Esq.
Attorneys for Plaintiff
600 Essjay Rd., Suite 200
Williamsville, NY 14221
(833) 769-2757
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FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
INDEX NO. 2022-00022471
F ILED : CL INTON COUNTY CLERK 12 / 2 3 / 2 0 2 2 0 9 : 4 9 AM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022
TO: JUSTIN WEMPLE
1310 TROUT POND RD 146
KEESEVILLE, NY 12944-3226
WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT
COLLECTOR.
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FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
INDEX NO. 2022-00022471
F I LED : CL INTON COUNTY CLERK 12 / 2 3 / 2 0 2 2 0 9 : 4 9 AM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
Midland Credit Management, Inc,
COMPLAINT
Plaintiff,
vs.
Index No.:
JUSTIN WEMPLE,
Defendant.
Plaintiff, Midland Credit Management, Inc, by its attorneys, Mandarich Law Group, LLP,
complaining of the Defendant, JUSTIN WEMPLE, alleges the following:
1. Plaintiff is a foreign limited liability company organized and existing by virtue of the laws
of Delaware, with a principal place of business located at 350 Camino De La Reina, Suite 100,
San Diego, California 92108.
2. Upon information and belief, Defendant JUSTIN WEMPLE, was and is a natural person
residing at 1310 TROUT POND RD 146 , County of Clinton, State of New York.
3. Plaintiff took by assignment and/or purchased, for value, all rights, title, and interest of
certain accounts, including the account identified below, which originated with COMENITY
CAPITAL BANK (hereinafter the "Original Creditor").
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FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
INDEX NO. 2022-00022471
F I LED : CL INTON COUNTY CLERK 12 / 23 / 2 0 2 2 0 9 : 4 9 AM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022
4. The chain of title is as follows:
Date of Assignor: Assignee: Account Balance at
Assignment Transfer:
(On or About):
5/21/2021 COMENITY CAPITAL Midland Credit $2,791.56
BANK Management, Inc
5. The Original Creditor issued a consumer credit card account to the Defendant bearing an
account number ending in XXXXXXXXXXXXXX4774 as printed on the most recent account
statement recording a purchase transaction, payment or balance transfer (hereinafter the
"Account"), which Account is the subject of this action.
6. Defendant entered into an agreement with the Original Creditor and made purchases,
received cash, merchandise, and/or credit on the Account.
7. A copy of the Charge-Off statement for the Account is attached hereto.
8. An itemization of the Account is as follows:
Total due at charge-off: $2,791.56
Total interest accrued since charge-off: $0.00
Total non-interest charges/fees accrued since charge-off: $0.00
Total amount of payments and/or credits since charge-off: $0.00
9. The last payment on the account was made on: 09/10/2020 in the amount of $70.00.
10. The Account balance printed on the most recent Account statement provided by the
Original Creditor recording a purchase, transaction, last payment or balance transfer was
$2,389.07.
11. Defendant agreed to but failed to make payments on said Account and $2,791.56 is now
due and owing to the Plaintiff from Defendant, which amount has been demanded and remains
unpaid.
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FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
INDEX NO. 2022-00022471
F ILED : CL INTON COUNTY CLERK 12 /23 / 2 0 2 2 0 9 : 4 9 Ab$
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/23/2022
12. Defendant is in default and Plaintiff, as owner of the Account, is authorized to proceed
with this action.
13. Plaintiff has suffered damages in the amount of $2,791.56, together with the costs and
disbursements incurred in this action.
14. The causes of action asserted herein are not outside of the applicable statute of limitations
for enforcing the debt.
WHEREFORE, Plaintiff, Midland Credit Management, Inc, respectfully requests judgment
against the Defendant, JUSTIN WEMPLE, for the sum of $2,791.56, all costs and disbursements of
this action, with interest from the date of any judgment granted or ordered, and for such other and
further relief as this Court deems just and proper.
Dated: Williamsvi e, New York
, 20 By:
MAN ' 's H LAW LLP
GROUP,
Heather A. ohnson, Esq.
Lisa Stein , Esq.
Attorneys for Plaintiff
600 Essjay Rd., Suite 200
Williamsville, NY 14221
(833) 769-2757
MLG-4617040
TO: JUSTIN WEMPLE
1310 TROUT POND RD 146
KEESEVILLE, NY 12944-3226
WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT
COLLECTOR.
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FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
FILED: CLINTON COUNTY CLERK 12/23/2022 09:49 AM INDEX NO. 2022 -00022471
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/23/2022
.................................................................................................--....................._._...................................._........_.._............_.
PAGE 1OF4
Surr mary of account activi Pa ment information
Accountno. '"*-""-""-4774 Newbalance $2,791.56
Minimum paymentdue $488.00
P'eviousbalance $2,706.83 Payment duedate 05/10/2021
Payments D.00
Othercredits D.00 Latepaymentwarning:
Purchases O00 Ifwedonotreceiveyourminimum paymentby 05/10/2021 youmay
Otherdebits 0.00 aveto payup toa$40.00latefee.
Cashadvance O00
Balance transfer Minirnurnpayrnentwarning:Ifyoumakeonlytheminimum
0.00 payment foreachperiod,youwillpaymoreinin1erest
Feescharged 40.00 anditwilltake
Interestcharged youfonger to payoffyourbalances. Forexample:
44.93
Newbalance $2,791.56 lf youmakenoadditional Youwill payoN Andyouwill
chargesusingthiscard thehalanceshown anduppayingan
Pastdueamount 415.00 andeachmonthyoupay· ontheatatement estimatedintal
Creditlimit $2.500.00 in about: of:
Availablecredil $0.00
M owt Mt M00
Onlytheminir,umpayment| 11years
Forinformation creditcounseling
436003
Availablecash $0.00 regarding services,
Statement closingdate 04/14/2021
Daysinblltingcycle 30
Skipsigninginto payanduseComenity's
EasyPay.
Its safeandconvenient.
Useyoursmartphone
cameraorcode
readertoscantheQRcodeprintedonyourpaymentstubbelowtogetstarted.
Detairs Ofyour transactions
TRANS DATE TRANSACTON DESCRIPTEN/L.OGATION AMOUNT
Fees
04/10/2021 LATEFEE 40.00
Totalfeeschargedfor this period $40.00
................._......._.......-......_......................_.._.........................-.................................._...._...................................-........
Interest charged
Interestchargeon purchases $44.93
Interestchargeon cashadvance SO.00
Interestchargean balancetransfer $0.00
Totalinterestfor this period $44.93
2021totalayearto date
Totalfeeschargedin2021 $149.00
Totalinterestchargedin2021 S171.66
Interest char"e calculation
YourAnnualPercentageRate(APR)istheannualinterestrateonyouraccount.SeeBALANCE COMPUTATION METHOO
onpage2formoredetails.MnimumInterestchargemayexceedinterestchargebelow,peryourcreditcardagreement
TYPE OF BALAMCESUeJECT INTEREST
BALANcE APR TOINTERESTRATE CHARGE
Purchases 19.9900%(v) 2,734.91(DA) 44.93
Cashadvances 25.9900%M D.00(DA) 0.00
-...----- ---- -- -.-......-... --..-- -- - - ..e n.
Account
number "*"---""-4774
3 e Newbalance Minimum payment
S2,791.56 $488.00
994
Yes,I havemovedorupdated Maitedpayments
mustreachusbySpmET
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JUSTINWEMPLE Pleaseretumthisportion
alongwithyourpayment
to:
1310TROUTPONDRD PO BOX659820
KEESEVlLLENY12944.3226 SAN ANTONIO TX78265-9120
FILED: CLINTON COUNTY CLERK 07/21/2023 11:57 AM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 07/21/2023
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