On December 05, 2019 a
Complaint,Petition
was filed
involving a dispute between
Midland Funding Llc,
and
Brieana Benedict,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM INDEX NO. 001073-2019
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182' ~
(585) 243-7010 Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
IAN ZEV WINOGRAD IAN ZEV WINOGRAD
7 ENTIN RD 7 ENTIN RD
PARSIPPANY, NJ 07054 PARSIPPANY, NJ 07054
Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT
Plaintiff Defendant
MIDLAND FUNDING LLC BENEDICT BRIEANA
Recorded Information:
State of New York
Index #: 001073-2019
County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet ct the Clerk's endoreement equind by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not
1 ofDetach
4
Index#:001073-2019
INDEX NO. 001073-2019
FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019
File # B291074
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF .NEW YORK
COUNTY OF LIVINGSTON
__________----___________________
MIDLAND FUNDING LLC
Plaintiff, Index No.
-against- ,SUNMONS
BRIEANA BENEDICT
Plaintiff's Residence Address
350 CAMINO DE LA REINA, SUITE
100
SAN DIEGO CA 92108
Defendant(s).
The Basis of this venue
designated is:
Defendant's residence
_________________________________
Defendant's Residence Address:
226 GENESEE ST APT 1
AVON, NY 144141344
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 twenty (20) days after the
service of this summons exclusive of the days of service (or
within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of
New York).
You are hereby notified that should you fail to appear or
answer, judgment will be taken against you by default for the
relief demanded in the complaint.
Dated: 11/29/19 PRESSLER, FELT & WARSH , LP
Attorne.ys for Plaint 4
305 Broadway 9th F1 or
New York, NY 1000 ,
(516)222-7929
[X] By: ____
Ian Z. ogr d , q.
[ ] By;
D B. Warshaw Esq.
[ ] By:
Steven P. Bann Esq.
[ ] By:
Craig S. Stiller Esq.
2 of 4
Index NO.
INDEX #: 001073-2019
001073-2019
FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019
File # B291074
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF LIVINGSTON
______________________________ ___
MIDLAND FUNDING LLC
Plaintiff(s) Index No.
- ag a i n s t- COMPLAINT
BRIEANA BENEDICT
Defendant(s)
__________________________________
Plaintiff by its attorney, Pressler, Felt & Warshaw, LLP
complaining of the Defendant(s) .alleges upon information and
belief as follows:
FIRST CAUSE OF ACTION
1. Plaintiff, MIDLAND FUNDING LLC, is a limited liability
company formed under the laws of the State of Delaware and
having taken assignment of is owner of SYNCHRONY BANK
(AMAZQN) account number ending in XXXXXXXXXXXX9595 .
2. BRIEANA BENEDICT resides within the jurisdictional limits
of this court.
3. Plaintiff alleges that BRIEANA BENEDICT is the responsible
person for this account.
4.. BRIEANA BENEDICT failed to repay the balance owed on the
account, which is in default.
5. The account was assigned from the original creditor,
SYNCHRONY BANK (AMAZON) to MIDLAND FUNDING LLC, the present
assignee.
6. The date of default is on or about March 28, 2016.
7. Upon information and bëlief, the statute of limitations for
the cause of action asserted hërein is 4 years and
therefore has not expired.
8. There is now due and owing the plaintiff, as the assignee
of the account, from BRIEANA BENEDICT , the sum .of
$1,201.94.
3 of 4
Index NO.
INDEX #: 001073-2019
001073-2019
FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019
WHEREFORE, Plaintiff demands judgment against BRIEANA BÉNEDICT
for the sum of S1.,201.94 plus costs. and disbursements of this
action and for such further and other relief as the Court deems
just and proper.
Dated: 11/29/19 PRESSLER, FELT & WARSHAW, LLP
Attorneys. for Plaintiff
305 Broadway 9th Floor
New York, NY 10007
(516)222-7929
[X] By:
Ian Z. r nogra
[ ] By:
· Warshaw
D d B. Esq.
·
( ] B
Steven P. Bann Esq.
( ] By:
Craig S. Stiller Esq.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
4 of 4
Document Filed Date
December 05, 2019
Case Filing Date
December 05, 2019
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM INDEX NO. 001073-2019 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' ~ (585) 243-7010 Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: IAN ZEV WINOGRAD IAN ZEV WINOGRAD 7 ENTIN RD 7 ENTIN RD PARSIPPANY, NJ 07054 PARSIPPANY, NJ 07054 Document Type: CIVIL ACTION - MISC Document Desc: SUMMONS + COMPLAINT Plaintiff Defendant MIDLAND FUNDING LLC BENEDICT BRIEANA Recorded Information: State of New York Index #: 001073-2019 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet ct the Clerk's endoreement equind by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not 1 ofDetach 4 Index#:001073-2019 INDEX NO. 001073-2019 FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 File # B291074 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF .NEW YORK COUNTY OF LIVINGSTON __________----___________________ MIDLAND FUNDING LLC Plaintiff, Index No. -against- ,SUNMONS BRIEANA BENEDICT Plaintiff's Residence Address 350 CAMINO DE LA REINA, SUITE 100 SAN DIEGO CA 92108 Defendant(s). The Basis of this venue designated is: Defendant's residence _________________________________ Defendant's Residence Address: 226 GENESEE ST APT 1 AVON, NY 144141344 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 twenty (20) days after the service of this summons exclusive of the days of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York). You are hereby notified that should you fail to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: 11/29/19 PRESSLER, FELT & WARSH , LP Attorne.ys for Plaint 4 305 Broadway 9th F1 or New York, NY 1000 , (516)222-7929 [X] By: ____ Ian Z. ogr d , q. [ ] By; D B. Warshaw Esq. [ ] By: Steven P. Bann Esq. [ ] By: Craig S. Stiller Esq. 2 of 4 Index NO. INDEX #: 001073-2019 001073-2019 FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 File # B291074 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF LIVINGSTON ______________________________ ___ MIDLAND FUNDING LLC Plaintiff(s) Index No. - ag a i n s t- COMPLAINT BRIEANA BENEDICT Defendant(s) __________________________________ Plaintiff by its attorney, Pressler, Felt & Warshaw, LLP complaining of the Defendant(s) .alleges upon information and belief as follows: FIRST CAUSE OF ACTION 1. Plaintiff, MIDLAND FUNDING LLC, is a limited liability company formed under the laws of the State of Delaware and having taken assignment of is owner of SYNCHRONY BANK (AMAZQN) account number ending in XXXXXXXXXXXX9595 . 2. BRIEANA BENEDICT resides within the jurisdictional limits of this court. 3. Plaintiff alleges that BRIEANA BENEDICT is the responsible person for this account. 4.. BRIEANA BENEDICT failed to repay the balance owed on the account, which is in default. 5. The account was assigned from the original creditor, SYNCHRONY BANK (AMAZON) to MIDLAND FUNDING LLC, the present assignee. 6. The date of default is on or about March 28, 2016. 7. Upon information and bëlief, the statute of limitations for the cause of action asserted hërein is 4 years and therefore has not expired. 8. There is now due and owing the plaintiff, as the assignee of the account, from BRIEANA BENEDICT , the sum .of $1,201.94. 3 of 4 Index NO. INDEX #: 001073-2019 001073-2019 FILED: LIVINGSTON COUNTY CLERK 12/05/2019 01:22 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2019 WHEREFORE, Plaintiff demands judgment against BRIEANA BÉNEDICT for the sum of S1.,201.94 plus costs. and disbursements of this action and for such further and other relief as the Court deems just and proper. Dated: 11/29/19 PRESSLER, FELT & WARSHAW, LLP Attorneys. for Plaintiff 305 Broadway 9th Floor New York, NY 10007 (516)222-7929 [X] By: Ian Z. r nogra [ ] By: · Warshaw D d B. Esq. · ( ] B Steven P. Bann Esq. ( ] By: Craig S. Stiller Esq. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 of 4