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INDEX NO. 034356/2011
(FILED: ROCKLAND COUNTY CLERK 1271972011)
NYSCHREOE COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/19/2011
COUNTY OF ROCKLAND
an nnn ne nn eee PLAINTIFF DESIGNATES ROCKLAND
MIDLAND FUNDING LLC COUNTY AS THE PLACE OF TRIAL; THE
DEFENDANT RESIDES IN ROCKLAND
PLAINTIFF, COUNTY
-AGAINST- INDEX NUMBER:
PURCHASE DATE:
ROSELOR SAINT-GERMAN C&S FILE NO. C450238
DEFENDANT(S).
——. SUMMONS
PLAINTIFF'S ADDRESS:
8875 AERO DRIVE - STE 200
SAN DIEGO, CA 92123
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 PLAINTIFF'S 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: December 13, 2011
COHEN & SLAMOWITZ, LLP
ATTORNEYS FOR PLAINTIFF
P.O. Box 9004
199 CROSSWAYS PARK DR., WOODBURY, NY 11797-9004
(516) 686-898 1; (800) 293-6006 ext. 8981; Refer to C&S File No. C450238
DEFENDANTS TO BE SERVED:
ROSELOR SAINT-GERMAN, 13 ANN RR, SPRING VALLEY NY 10977
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
§ {NER A
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
nee ener renee nnnenennnanenenenesnnenennnnnnnn ae! X
MIDLAND FUNDING LLC
PLAINTIFF, INDEX NUMBER
-AGAINST- C&S FILE NO. C450238
ROSELOR SAINT-GERMAN COMPLAINT
DEFENDANT(S).
meee en enenmte nnn nnn ee -X
PLAINTIFF, BY ITS ATTORNEYS, Cc ‘OMPLAINING OF THE DEFENDANT(S), RESPECTFULLY
ALLEGES THAT:
1 PLAINTIFF IS A FOREIGN LIMITED LIABILITY COMPANY.
2. UPON INFORMATION AND BELIEF, THE DEFENDANT(S) RESIDES OR HAS AN
OFFICE IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, OR THE DEFENDANT(S)
TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, EITHER IN
PERSON OR THROUGH AN AGENT AND THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID
TRANSACTION.
AS AND FOR A FIRST CAUSE OF ACTION
3 PLAINTIFF REPEATS AND REALLEGES EACH AND EVERY ALLEGATION
CONTAINED IN THE FOREGOING PARAGRAPHS AS IF MORE FULLY SET FORTH HEREIN.
4 PLAINTIFF'S PREDECESSOR IN INTEREST, CITIBANK (HEREINAFTER "ORIGINAL
CREDITOR"), OFFERED TO OPEN A CREDIT CARD ACCOUNT, ACCOUNT NO.5121071958955498 *
(HEREINAFTER THE "ACCOUNT", IN DEFENDANT'S NAME.
5 DEFENDANT ACCEPTED THE OFFER BY-USING THE ACCOUNT.
6. DEFENDANT DEFAULTED BY FAILING TO REPAY THE BALANCE DUE UNDER THE.
ACCOUNT. DEMAND FOR PAYMENT WAS MADE, BUT DEFENDANT FAILED TO REPAY THE
BALANCE OWED.
7. THE ORIGINAL CREDITOR SOLD THE ACCOUNT, INCLUDING ALL RIGHT, TITLE
AND INTEREST IN AND TO THE OUTSTANDING BALANCE OWED BY DEFENDANT. PLAINTIFF
PURCHASED THE ACCOUNT ON June 10,2010 AND IS NOW THE OWNER AND ASSIGNEE OF THE
ACCOUNT.
8 DEFENDANT(S) NOW OWE A BALANCE OF $1,411.98 AS OF October 3, 2010 WITH
INTEREST FROM October 3, 2010, NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND
THEREFOR.
AS AND FOR A SECOND CAUSE OF ACTION
9 PLAINTIFF REPEATS AND REALLEGES EACH AND EVERY ALLEGATION
CONTAINED IN THE FOREGOING PARAGRAPHS AS IF MORE FULLY SET FORTH HEREIN.
10. THAT HERETOFORE, PLAINTIFF RENDERED TO DEFENDANT(S) A FULL AND TRUE
ACCOUNT OF THE INDEBTEDNESS OWING BY THE DEFENDANT(S) AS A RESULT OF THE ABOVE
AGREEMENT, IN AN AMOUNT AS HEREINABOVE SET FORTH WHICH ACCOUNT STATEMENT WAS
DELIVERED TO AND ACCEPTED WITHOUT OBJECTION BY THE DEFENDANT(S) RESULTING IN AN
ACCOUNT STATED IN THE SUM OF $1.41 1.98, NO PART OF WHICH HAS BEEN PAID DESPITE DUE
DEMAND THEREFOR.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) IN THE SUM OF
$1,411.98 WITH INTEREST FROM October 3, 2010 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 OF THE RULES OF THE CHIEF
ADMINISTRATOR.
DATED: DECEMBER 13, 2011
YOURS, ETC.
COHEN & SLAMOWITZ, LLP
BY:
D, Cohen/M. Slamowitz/L. John ESQS.
ATTORNEYS FOR PLAINTIFF
P.O, BOX 9004, 199 CROSSWAYS PAI [ DRIVE, WOODBURY,
NY 11797-9004
(516) 686-8981, (800) 293-6006 ext. 8981;
Refer to C&S File No. C450238
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INDEX NO. 034356/2011 (FILED: ROCKLAND COUNTY CLERK 1271972011) NYSCHREOE COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 12/19/2011 COUNTY OF ROCKLAND an nnn ne nn eee PLAINTIFF DESIGNATES ROCKLAND MIDLAND FUNDING LLC COUNTY AS THE PLACE OF TRIAL; THE DEFENDANT RESIDES IN ROCKLAND PLAINTIFF, COUNTY -AGAINST- INDEX NUMBER: PURCHASE DATE: ROSELOR SAINT-GERMAN C&S FILE NO. C450238 DEFENDANT(S). ——. SUMMONS PLAINTIFF'S ADDRESS: 8875 AERO DRIVE - STE 200 SAN DIEGO, CA 92123 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 PLAINTIFF'S 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: December 13, 2011 COHEN & SLAMOWITZ, LLP ATTORNEYS FOR PLAINTIFF P.O. Box 9004 199 CROSSWAYS PARK DR., WOODBURY, NY 11797-9004 (516) 686-898 1; (800) 293-6006 ext. 8981; Refer to C&S File No. C450238 DEFENDANTS TO BE SERVED: ROSELOR SAINT-GERMAN, 13 ANN RR, SPRING VALLEY NY 10977 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. § {NER A SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ROCKLAND nee ener renee nnnenennnanenenenesnnenennnnnnnn ae! X MIDLAND FUNDING LLC PLAINTIFF, INDEX NUMBER -AGAINST- C&S FILE NO. C450238 ROSELOR SAINT-GERMAN COMPLAINT DEFENDANT(S). meee en enenmte nnn nnn ee -X PLAINTIFF, BY ITS ATTORNEYS, Cc ‘OMPLAINING OF THE DEFENDANT(S), RESPECTFULLY ALLEGES THAT: 1 PLAINTIFF IS A FOREIGN LIMITED LIABILITY COMPANY. 2. UPON INFORMATION AND BELIEF, THE DEFENDANT(S) RESIDES OR HAS AN OFFICE IN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, OR THE DEFENDANT(S) TRANSACTED BUSINESS WITHIN THE COUNTY IN WHICH THIS ACTION IS BROUGHT, EITHER IN PERSON OR THROUGH AN AGENT AND THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION. AS AND FOR A FIRST CAUSE OF ACTION 3 PLAINTIFF REPEATS AND REALLEGES EACH AND EVERY ALLEGATION CONTAINED IN THE FOREGOING PARAGRAPHS AS IF MORE FULLY SET FORTH HEREIN. 4 PLAINTIFF'S PREDECESSOR IN INTEREST, CITIBANK (HEREINAFTER "ORIGINAL CREDITOR"), OFFERED TO OPEN A CREDIT CARD ACCOUNT, ACCOUNT NO.5121071958955498 * (HEREINAFTER THE "ACCOUNT", IN DEFENDANT'S NAME. 5 DEFENDANT ACCEPTED THE OFFER BY-USING THE ACCOUNT. 6. DEFENDANT DEFAULTED BY FAILING TO REPAY THE BALANCE DUE UNDER THE. ACCOUNT. DEMAND FOR PAYMENT WAS MADE, BUT DEFENDANT FAILED TO REPAY THE BALANCE OWED. 7. THE ORIGINAL CREDITOR SOLD THE ACCOUNT, INCLUDING ALL RIGHT, TITLE AND INTEREST IN AND TO THE OUTSTANDING BALANCE OWED BY DEFENDANT. PLAINTIFF PURCHASED THE ACCOUNT ON June 10,2010 AND IS NOW THE OWNER AND ASSIGNEE OF THE ACCOUNT. 8 DEFENDANT(S) NOW OWE A BALANCE OF $1,411.98 AS OF October 3, 2010 WITH INTEREST FROM October 3, 2010, NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND THEREFOR. AS AND FOR A SECOND CAUSE OF ACTION 9 PLAINTIFF REPEATS AND REALLEGES EACH AND EVERY ALLEGATION CONTAINED IN THE FOREGOING PARAGRAPHS AS IF MORE FULLY SET FORTH HEREIN. 10. THAT HERETOFORE, PLAINTIFF RENDERED TO DEFENDANT(S) A FULL AND TRUE ACCOUNT OF THE INDEBTEDNESS OWING BY THE DEFENDANT(S) AS A RESULT OF THE ABOVE AGREEMENT, IN AN AMOUNT AS HEREINABOVE SET FORTH WHICH ACCOUNT STATEMENT WAS DELIVERED TO AND ACCEPTED WITHOUT OBJECTION BY THE DEFENDANT(S) RESULTING IN AN ACCOUNT STATED IN THE SUM OF $1.41 1.98, NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND THEREFOR. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) IN THE SUM OF $1,411.98 WITH INTEREST FROM October 3, 2010 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 OF THE RULES OF THE CHIEF ADMINISTRATOR. DATED: DECEMBER 13, 2011 YOURS, ETC. COHEN & SLAMOWITZ, LLP BY: D, Cohen/M. Slamowitz/L. John ESQS. ATTORNEYS FOR PLAINTIFF P.O, BOX 9004, 199 CROSSWAYS PAI [ DRIVE, WOODBURY, NY 11797-9004 (516) 686-8981, (800) 293-6006 ext. 8981; Refer to C&S File No. C450238