Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
____________________________________________ Plaintiffdesignates WESTCHESTER
MIDLANDCREDIT MANAGEMENT,
INC County as the place of trial; the defendant
resides in WESTCHESTER
County
PLAINTIFF,
INDEX NUMBER:
-AGAINST. PURCHASE
DATE:
S&S FILE NO. C609550
LEIGH STEPHENSON
DEFENDANT. SUMMONS
____________________________________________ Plaintiffs address: 350 CAMINODELA
REINA, STE 100
SANDIEGO, CA92108
The Basis of the Venue is Defendant's
Residence
CONSUMER
CREDITTRANSACTION
TO THEABOVENAMED
DEFENDANT(S):
YOUAREHEREBYSUMMONED
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 NewYork); 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: May 31, 2024
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. C609550
Defendant to be served: NY
LEIGH STEPHENSON,1207 JAMESST, MAMARONECK,
10543
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:
MITCHELLSELIP E Q.
IIIllIllllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
COURTOFTHESTATEOFNEWYORK
SUPREME
COUNTY
OFWESTCHESTER
__________________________________________________
MIDLANDCREDIT MANAGEMENT,
INC
PLAINTIFF, INDEXNUMBER:
-AGAINST- S&S FILE NO. C609550
LEIGH STEPHENSON 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 NewYork.
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, BANK(hereinafter
SYNCHRONY "Original Creditor"),
opened a PAYPAL-brandedaccount (hereinafter the "Account") in Defendants nameon November 06,
2018, subject to the terms and conditions provided, or madeavailable 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 4747, and the balance owed as set forth in the Last Activity
Statement was $859.68.
6. Defendant breached the terms of the Agreement by failing to makethe agreed-upon payments
when due.
7. Demandfor payment of the Account was madeon Defendant, but Defendant failed to make
all the required payments. The Defendant's last payment was madeon or about July 22, 2021 in the amount
of $134.00.
8. As a result of Defendants default, the Original Creditor closed the Account and subsequently
charged it off on March 13, 2022 in the amount of $1,261.03, 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: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
outstanding balance owedby Defendant. The account balance at time of the sale was
$1,261.03. Plaintiff purchased the Account on or about February 24, 2023 and is now the owner and
assignee of the Account. The full chain of title of the Account is as follows:
" On or about 02/24/2023, Midland Credit Management, Inc purchased the account from
SYNCHRONY
BANK.
10. The balance currently due and owing is $1,261.03, itemized as follows:
Balance due at time of charge-off: $1,261.03
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 ANDFORA FIRST CAUSEOFACTION
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 sumof $1,261.03, no part
of which has been paid despite due demand therefor.
WHEREFORE,
Plaintiff demandsjudgment against Defendant(s) in the amount of $1,261.03 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: MAY31, 2024
MITCHELLSELIP ES .
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. C609550
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FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
__________________________________________________
Midland Credit Management, Inc
PLAINTIFF,
-AGAINST-
INDEX NUMBER:
LEIGH STEPHENSON S&SFILE NO. C609550
DEFENDANT.
__________________________________________________
NOTICE OFCOMMENCEMENT
OFACTIONSUBJECTTO MANDATORY
ELECTRONIC
FILING
PLEASETAKENOTICEthat the matter captioned above, which has been commenced by the filing
of the accompanying documents with the County Clerk via the NewYork 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 NYSCEFaccount, visit the NYSCEFwebsite at www.nycourts.gov/efile or contact the
NYSCEFResource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60
Centre Street, NewYork, NewYork 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 and
requirements;
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: May 31, 2024
Selip & Stylianou, L P
By: MITCHELLSELIP 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: NY 10543
LEIGH STEPHENSON,1207 JAMESST, MAMARONECK,
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Preview
FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER ____________________________________________ Plaintiffdesignates WESTCHESTER MIDLANDCREDIT MANAGEMENT, INC County as the place of trial; the defendant resides in WESTCHESTER County PLAINTIFF, INDEX NUMBER: -AGAINST. PURCHASE DATE: S&S FILE NO. C609550 LEIGH STEPHENSON DEFENDANT. SUMMONS ____________________________________________ Plaintiffs address: 350 CAMINODELA REINA, STE 100 SANDIEGO, CA92108 The Basis of the Venue is Defendant's Residence CONSUMER CREDITTRANSACTION TO THEABOVENAMED DEFENDANT(S): YOUAREHEREBYSUMMONED 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 NewYork); 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: May 31, 2024 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. C609550 Defendant to be served: NY LEIGH STEPHENSON,1207 JAMESST, MAMARONECK, 10543 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: MITCHELLSELIP E Q. IIIllIllllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 of 4 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 COURTOFTHESTATEOFNEWYORK SUPREME COUNTY OFWESTCHESTER __________________________________________________ MIDLANDCREDIT MANAGEMENT, INC PLAINTIFF, INDEXNUMBER: -AGAINST- S&S FILE NO. C609550 LEIGH STEPHENSON 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 NewYork. 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, BANK(hereinafter SYNCHRONY "Original Creditor"), opened a PAYPAL-brandedaccount (hereinafter the "Account") in Defendants nameon November 06, 2018, subject to the terms and conditions provided, or madeavailable 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 4747, and the balance owed as set forth in the Last Activity Statement was $859.68. 6. Defendant breached the terms of the Agreement by failing to makethe agreed-upon payments when due. 7. Demandfor payment of the Account was madeon Defendant, but Defendant failed to make all the required payments. The Defendant's last payment was madeon or about July 22, 2021 in the amount of $134.00. 8. As a result of Defendants default, the Original Creditor closed the Account and subsequently charged it off on March 13, 2022 in the amount of $1,261.03, 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: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 outstanding balance owedby Defendant. The account balance at time of the sale was $1,261.03. Plaintiff purchased the Account on or about February 24, 2023 and is now the owner and assignee of the Account. The full chain of title of the Account is as follows: " On or about 02/24/2023, Midland Credit Management, Inc purchased the account from SYNCHRONY BANK. 10. The balance currently due and owing is $1,261.03, itemized as follows: Balance due at time of charge-off: $1,261.03 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 ANDFORA FIRST CAUSEOFACTION 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 sumof $1,261.03, no part of which has been paid despite due demand therefor. WHEREFORE, Plaintiff demandsjudgment against Defendant(s) in the amount of $1,261.03 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: MAY31, 2024 MITCHELLSELIP ES . 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. C609550 3 of 4 FILED: WESTCHESTER COUNTY CLERK 06/06/2024 12:43 PM INDEX NO. 63579/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/06/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER __________________________________________________ Midland Credit Management, Inc PLAINTIFF, -AGAINST- INDEX NUMBER: LEIGH STEPHENSON S&SFILE NO. C609550 DEFENDANT. __________________________________________________ NOTICE OFCOMMENCEMENT OFACTIONSUBJECTTO MANDATORY ELECTRONIC FILING PLEASETAKENOTICEthat the matter captioned above, which has been commenced by the filing of the accompanying documents with the County Clerk via the NewYork 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 NYSCEFaccount, visit the NYSCEFwebsite at www.nycourts.gov/efile or contact the NYSCEFResource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov; mailing address: 60 Centre Street, NewYork, NewYork 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 and requirements; 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: May 31, 2024 Selip & Stylianou, L P By: MITCHELLSELIP 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: NY 10543 LEIGH STEPHENSON,1207 JAMESST, MAMARONECK, 4 of 4