Preview
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CLINTON
___________________________________________________________
MIDLAND CREDIT MANAGˆMENT INC. Plaintiff
DEFENDANTS
AFFIDAVIT IN
OPPOSITION TO
PLAINTIFF'S
MOTION FOR
SUMMARY
JUDGMENT
-against- Index No. 2022-00022471
JUSTIN WEMPLE Defendant
____________________________________..______________________
STATE OF NEW YORK )
COUNTY OF CLINTON ) SS.
I, JUSTIN WEMPLE (Defendant), being duly sworn, hereby deposes and says:
1. I am the defendant in this action, and I respectfully submit this affidavit in opposition to
the motion dated July 17th, 2023, made by Midland Credit Management, Inc.
2. I have personal knowledge of facts which bear on this motion.
3. The motion should be denied because of the following reasons.
4. Improper Service/ Lack Of Personal Jurisdiction.
a. Wrong Address Used Through Entire Process.
i. The Summons that was served to me by Deputy Matthew Pray of the
Essex County Sheriffs on January 1Ith, 2023 at 9:53am was improperly
completed. The summons incorrectly stated my address as "1310
12944-3226"
TROUT POND RD 146 KEESEVILLE, NY this is not my
correct address (1310 TROUT POND RD, KEESEVILLE, NY
"146"
12944-3326). My correct address does not include the number ,
which is a partial from one of my previous addresses. See Exhibit A.
ii. The Affidavit Of Service Completed by Deputy Matthew Pray of the
Essex County Sheriff s stated the improper address throughout as "1310
12944-3226"
TROUT POND RD 146 KEESEVILLE, NY this is not my
correct address (1310 TROUT POND RD KEESEVILLE, NY
"146"
12944-3326). My correct address does not include the number ,
which is a partial from one of my previous addresses. See Exhibit B.
1 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023
iii. The Request for Judicial Intervention Filed by the Plaintiff dated
7/17/2023, incorrectly stated my address as "1310 TROUT POND RD
12944-3226"
146 KEESEVILLE, NY this is not my correct address
(1310 TROUT POND RD KEESEVILLE, NY 12944-3326). My correct
"146"
address does not include the number , which is a partial from one
of my previous addresses. See Exhibit C.
iv. The Motion For Summary Judgement sent by the Clinton County Court
Clerk Post Marked 07/24/2023, incorrectly stated my address as "1310
12944-3226"
TROUT POND RD 146 KEESEVILLE, NY this is not
my correct address (1310 TROUT POND RD KEESEVILLE, NY
"146"
12944-3326). My correct address does not include the number ,
which is a partial from one of my previous addresses. See Exhibit D.
b. I do not Reside in the County Of Clinton New York.
i. The Summons received on January 11th, 2023 stated the basis of the
Clinton"
venue designated is "The defendant resides in the County Of
See Exhibit A.
ii. The Service Of the Summons was completed by Deputy Matthew Pray
of the Essex County Sheriffs on January 11th, 2023. The service of the
summons was completed by the Essex County Sheriffs Office, due to
jurisdiction and as my address does not fall within The County Of
Clinton New York. See Exhibit B.
iii. My answer to the summons completed on January 18th, 2023 at the
Clinton County Courthouse, I checked box 3. "I received the Summons
and Complaint, but service was not correct as required by law. I also
checked box 19-a "OUTSIDE OF NEW YORK CITY ONLY: Lack of
personal jurisdiction under Uniform City Court Act ss.213 (applies if
you do not work in the city where the case was filed and you are not a
resident of that city or (for all counties except Westchester and Nassau
counties) you are not a resident of a town next to that city within the
same county). My correct address was provided on my written answer
form, by notarized signature. See Exhibit E.
5. Judgment Proof Income
a. My answer to the summons completed on January 18th, 2023 at the Clinton
Reasons"
County Courthouse, I checked box 21. "Other and stated Judgment
Proof Income. I also checked box 22. "Please take notice that my only source of
is"
income and stated SS (social security) Disability "which is exempt from
collection". The Verification section of this written answer was sworn to be true
and witnessed and notarized before the Clinton County Clerk. See Exhibit E.
6. Expiration of Statute of Limitations
a. The Debt will be 14 days past the statute of limitations on the date of the
Hearing, scheduled for September 25th, 2023 by The Motion For Summary
2 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023
Judgement sent by the Clinton County Court Clerk Post Marked 07/24/2023.
See Exhibit D.
b. The last paym.ent made on the debt was $70.00 on September 10th, 2020. See
Exhibit F.
c. The cause of action accrued on September 10th, 2020. The statute of limitations
for the cause of action is 3 years. Based on my reasonable inquiry, I believe the
applicable statute of limitations for the cause of action expires on September 10,
2023.
7. In view of the foregoing, it is respectfully submitted that the motion should be denied.
SUPPORTING PAPERS:
Exhibit A - Summons & Complaint
1.)
2.) Exhibit B - Affidavit Of Service
3.) Exhibit C - Request for Judicial Intervention
Exhibit D - Motion For Judgement
4.) Summary
5.) Exhibit E - Written Answer
6.) Exhibit F - SELLER Account Itemization &
Billing Statement
_ WHEREFORE, THE UNDERSIGNED RESPECTFULLY REQUESTS THE WITHIN
OTIONhRDER TO SHOW CAUSE BE DENIED.
(CIRCLE ONE)
I declare under penalty of perjury that the foregoing is true and correct.
gnature Printed Name Dated
Sworn to before me this _L day of (20 .
MICHELLE AXTELL
() Notary Public, State of New York
AD Reg. No. 01AX6436927
Notary Public Qualified in Essex County
Commission Expires July 25, 2026
3 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023
EXHIBIT A
SUMMONS AND COMPLAINT
4 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 27 CLERK 12/23/2022 49 A
RECEIVED
INDEX NYSCEF:
NO. 09/11/2023
2022-00022471
FILED : CLINTON COUNTY 09:
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 ofthe 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
completeifthis 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 i , Y
, 20 By
MAN L ROUP, LLP
Heather A. hnson, Esq.
Lisa Steine , Esq.
Attorneys for Plaintiff
600 Essjay Rd., Suite 200
Williamsville, NY 14221
(833) 769-2757
1 of 5
5 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF
FILED
DOC. NO. 27
CLINTON COUNTY CLERK 12/23/2022
RECEIVED
INDEX NYSCEF:
NO. 09/11/2023
2022-00022471
: 09: 49 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.
2 of 5
6 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF
FILED
DOC. NO. 27
CLINTON COUNTY CLERK 12 /23/2022
RECEIVED
INDEX NYSCEF:
NO. 09/11/2023
2022-00022471
: 09 : 49 Al
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 organized and existing
liability company 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").
3 of 5
7 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 27 12/23/2022 09:4
RECEIVED
INDEX NYSCEF:
NO. 09/11/2023
2 02 2-00022471
FILED : CLINTON COUNTY CLERK 9 AN|
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.
4 of 5
8 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF DOC. NO. 27 RECEIVED
INDEX NYSCEF:
NO. 09/11/2023
2022-00022471
FILED : CLINTON COUNTY CLERK 12 /23/2022 09 : 49 A14
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 ' fH 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.
5 of 5
9 of 32
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471
NYSCEF
FILED:
DOC. CLINTON
NO. 27 COUNTY CLERK 12/23/2022 AM
RECEIVED
INDEX NYSCEF:
NO. 09/11/2023
2022-0002 2 471
09:49
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/23/2022
..._............._........._..................................................................................................-...........................
......__......._..................-
PAGE t OF4
SurWMãryofà Bcoun ëñ nYeejdhDãtier
Accounine. **-****-""-4774 Newbalance $2,791.56
Minimum paymentdue $488.00
Previous balance $2,706.63 Payment duedate 05/10/2021
Payments D.00
Othercredits 0.00 Latepaymentwarning:
Purchases 0.00 Nwedonotreceiveyourminimum payment by W12021 youmay
Otherdebits 0.00 haveto payuptoa$40.00latefee.
Cashadvance 0.00 Minimumpaymentwarning:Ifyoumakeonlytheminimum
Balancetransfer 0.00 payment foreachperiod,youwillpaymoreininterestanditwilllake
Feescharged 40.00 youlongerto payoffyourbalances.Forexample:
Interestcharged 44.93
Newbalance $2,791.56 Ifyoumakenoadditional Youwill payoN Andyouwilt
chargesusingthiscard thebalanceshown andup payingan
Pastdueamount 415.00 andeachmonthyoupay: on thestatement estimatedtotal
Creditlimit $2,500.00 in
Preview
FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CLINTON ___________________________________________________________ MIDLAND CREDIT MANAGˆMENT INC. Plaintiff DEFENDANTS AFFIDAVIT IN OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT -against- Index No. 2022-00022471 JUSTIN WEMPLE Defendant ____________________________________..______________________ STATE OF NEW YORK ) COUNTY OF CLINTON ) SS. I, JUSTIN WEMPLE (Defendant), being duly sworn, hereby deposes and says: 1. I am the defendant in this action, and I respectfully submit this affidavit in opposition to the motion dated July 17th, 2023, made by Midland Credit Management, Inc. 2. I have personal knowledge of facts which bear on this motion. 3. The motion should be denied because of the following reasons. 4. Improper Service/ Lack Of Personal Jurisdiction. a. Wrong Address Used Through Entire Process. i. The Summons that was served to me by Deputy Matthew Pray of the Essex County Sheriffs on January 1Ith, 2023 at 9:53am was improperly completed. The summons incorrectly stated my address as "1310 12944-3226" TROUT POND RD 146 KEESEVILLE, NY this is not my correct address (1310 TROUT POND RD, KEESEVILLE, NY "146" 12944-3326). My correct address does not include the number , which is a partial from one of my previous addresses. See Exhibit A. ii. The Affidavit Of Service Completed by Deputy Matthew Pray of the Essex County Sheriff s stated the improper address throughout as "1310 12944-3226" TROUT POND RD 146 KEESEVILLE, NY this is not my correct address (1310 TROUT POND RD KEESEVILLE, NY "146" 12944-3326). My correct address does not include the number , which is a partial from one of my previous addresses. See Exhibit B. 1 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023 iii. The Request for Judicial Intervention Filed by the Plaintiff dated 7/17/2023, incorrectly stated my address as "1310 TROUT POND RD 12944-3226" 146 KEESEVILLE, NY this is not my correct address (1310 TROUT POND RD KEESEVILLE, NY 12944-3326). My correct "146" address does not include the number , which is a partial from one of my previous addresses. See Exhibit C. iv. The Motion For Summary Judgement sent by the Clinton County Court Clerk Post Marked 07/24/2023, incorrectly stated my address as "1310 12944-3226" TROUT POND RD 146 KEESEVILLE, NY this is not my correct address (1310 TROUT POND RD KEESEVILLE, NY "146" 12944-3326). My correct address does not include the number , which is a partial from one of my previous addresses. See Exhibit D. b. I do not Reside in the County Of Clinton New York. i. The Summons received on January 11th, 2023 stated the basis of the Clinton" venue designated is "The defendant resides in the County Of See Exhibit A. ii. The Service Of the Summons was completed by Deputy Matthew Pray of the Essex County Sheriffs on January 11th, 2023. The service of the summons was completed by the Essex County Sheriffs Office, due to jurisdiction and as my address does not fall within The County Of Clinton New York. See Exhibit B. iii. My answer to the summons completed on January 18th, 2023 at the Clinton County Courthouse, I checked box 3. "I received the Summons and Complaint, but service was not correct as required by law. I also checked box 19-a "OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdiction under Uniform City Court Act ss.213 (applies if you do not work in the city where the case was filed and you are not a resident of that city or (for all counties except Westchester and Nassau counties) you are not a resident of a town next to that city within the same county). My correct address was provided on my written answer form, by notarized signature. See Exhibit E. 5. Judgment Proof Income a. My answer to the summons completed on January 18th, 2023 at the Clinton Reasons" County Courthouse, I checked box 21. "Other and stated Judgment Proof Income. I also checked box 22. "Please take notice that my only source of is" income and stated SS (social security) Disability "which is exempt from collection". The Verification section of this written answer was sworn to be true and witnessed and notarized before the Clinton County Clerk. See Exhibit E. 6. Expiration of Statute of Limitations a. The Debt will be 14 days past the statute of limitations on the date of the Hearing, scheduled for September 25th, 2023 by The Motion For Summary 2 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023 Judgement sent by the Clinton County Court Clerk Post Marked 07/24/2023. See Exhibit D. b. The last paym.ent made on the debt was $70.00 on September 10th, 2020. See Exhibit F. c. The cause of action accrued on September 10th, 2020. The statute of limitations for the cause of action is 3 years. Based on my reasonable inquiry, I believe the applicable statute of limitations for the cause of action expires on September 10, 2023. 7. In view of the foregoing, it is respectfully submitted that the motion should be denied. SUPPORTING PAPERS: Exhibit A - Summons & Complaint 1.) 2.) Exhibit B - Affidavit Of Service 3.) Exhibit C - Request for Judicial Intervention Exhibit D - Motion For Judgement 4.) Summary 5.) Exhibit E - Written Answer 6.) Exhibit F - SELLER Account Itemization & Billing Statement _ WHEREFORE, THE UNDERSIGNED RESPECTFULLY REQUESTS THE WITHIN OTIONhRDER TO SHOW CAUSE BE DENIED. (CIRCLE ONE) I declare under penalty of perjury that the foregoing is true and correct. gnature Printed Name Dated Sworn to before me this _L day of (20 . MICHELLE AXTELL () Notary Public, State of New York AD Reg. No. 01AX6436927 Notary Public Qualified in Essex County Commission Expires July 25, 2026 3 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2023 EXHIBIT A SUMMONS AND COMPLAINT 4 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 27 CLERK 12/23/2022 49 A RECEIVED INDEX NYSCEF: NO. 09/11/2023 2022-00022471 FILED : CLINTON COUNTY 09: 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 ofthe 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 completeifthis 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 i , Y , 20 By MAN L ROUP, LLP Heather A. hnson, Esq. Lisa Steine , Esq. Attorneys for Plaintiff 600 Essjay Rd., Suite 200 Williamsville, NY 14221 (833) 769-2757 1 of 5 5 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF FILED DOC. NO. 27 CLINTON COUNTY CLERK 12/23/2022 RECEIVED INDEX NYSCEF: NO. 09/11/2023 2022-00022471 : 09: 49 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. 2 of 5 6 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF FILED DOC. NO. 27 CLINTON COUNTY CLERK 12 /23/2022 RECEIVED INDEX NYSCEF: NO. 09/11/2023 2022-00022471 : 09 : 49 Al 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 organized and existing liability company 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"). 3 of 5 7 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 27 12/23/2022 09:4 RECEIVED INDEX NYSCEF: NO. 09/11/2023 2 02 2-00022471 FILED : CLINTON COUNTY CLERK 9 AN| 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. 4 of 5 8 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF DOC. NO. 27 RECEIVED INDEX NYSCEF: NO. 09/11/2023 2022-00022471 FILED : CLINTON COUNTY CLERK 12 /23/2022 09 : 49 A14 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 ' fH 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. 5 of 5 9 of 32 FILED: CLINTON COUNTY CLERK 09/11/2023 02:51 PM INDEX NO. 2022-00022471 NYSCEF FILED: DOC. CLINTON NO. 27 COUNTY CLERK 12/23/2022 AM RECEIVED INDEX NYSCEF: NO. 09/11/2023 2022-0002 2 471 09:49 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 12/23/2022 ..._............._........._..................................................................................................-........................... ......__......._..................- PAGE t OF4 SurWMãryofà Bcoun ëñ nYeejdhDãtier Accounine. **-****-""-4774 Newbalance $2,791.56 Minimum paymentdue $488.00 Previous balance $2,706.63 Payment duedate 05/10/2021 Payments D.00 Othercredits 0.00 Latepaymentwarning: Purchases 0.00 Nwedonotreceiveyourminimum payment by W12021 youmay Otherdebits 0.00 haveto payuptoa$40.00latefee. Cashadvance 0.00 Minimumpaymentwarning:Ifyoumakeonlytheminimum Balancetransfer 0.00 payment foreachperiod,youwillpaymoreininterestanditwilllake Feescharged 40.00 youlongerto payoffyourbalances.Forexample: Interestcharged 44.93 Newbalance $2,791.56 Ifyoumakenoadditional Youwill payoN Andyouwilt chargesusingthiscard thebalanceshown andup payingan Pastdueamount 415.00 andeachmonthyoupay: on thestatement estimatedtotal Creditlimit $2,500.00 in