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(FILED: SUFFOLK COUNTY CLERK 1172172012) INDEX NO. @35448/2012
NYSCPR AGE: tint oF THE STATE OF NEW YORK RECEIVED NYSCEF: 11/21/2012
COUNTY OF SUFFOLK
X PLAINTIFF DESIGNATES SUFFOLK
MIDLAND FUNDING LLC COUNTY AS THE PLACE OF TRIAL; THE
DEFENDANT RESIDES IN SUFFOLK
PLAINTIFF, COUNTY
-AGAINST- INDEX NUMBER:
PURCHASE DATE:
MECALA RIVERS C&S FILE NO. C513479
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: November 19, 2012
COHEN & SLAMOWITZ, LLP
ATTORNEYS FOR PLAINTIFF
P.O. Box 9004
199 CROSSWAYS PARK DR., WOODBURY, NY 11797-9004
(516) 686-8981; (800) 293-6006 ext. 8981; Refer to C&S File No. C513479
DEFENDANTS TO BE SERVED:
MECALA RIVERS, 12 CHAPEL PL, NORTH BABYLON NY 11703
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NTN A
st
oO
om
2
©
a
aSUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
MIDLAND FUNDING LLC
PLAINTIFF, INDEX NUMBER
-AGAINST- C&S FILE NO. C513479
MECALA RIVERS COMPLAINT
DEFENDANT(S).
=X
COMPLAINING OF THE DEFENDANT(S), RESPECTFULLY
PLAINTIFF, BY ITS ATTORNEYS
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, CHASE BANK USA, N.A. (HEREINAFTER
"ORIGINAL CREDITOR"), OFFERED TO OPEN A CREDIT CARD ACCOUNT, ACCOUNT
NO.XXXX-XXXX-XXXX-5621 (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 May 14, 2012 AND IS NOW THE OWNER AND ASSIGNEE OF THE
ACCOUNT.
8. DEFENDANT(S) NOW OWE A BALANCE OF $16,138.34 AS OF September 30, 2012 WITH
INTEREST FROM September 30, 2012, NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND
THEREFOR.
AS AND FOR A SECOND CAUSE OF ACTION
D, 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 $16,138.34, NO PART OF WHICH HAS BEEN PAID DESPITE DUE
DEMAND THEREFOR.WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) IN THE SUM OF
$16,138.34 WITH INTEREST FROM September 30, 2012 TOGETHER WITH FEES, COSTS AND
DISBURSEMENTS.
‘THE UNDERSIGNED ATTORNEY HEREBY CERTIFIES THAT, TO THE BEST OF HIS/HER
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
DATED: NOVEMBER 19, 2012
YOURS, ETC.
D. Cohen/M. i
ATTORNEYS FOR PLAINTIFF
NY 11797-9004
(516) 686-8981; (800) 293-6006 ext. 8981;
KNOWLEDGE, INFORMATION AND BELIEF, FORMED AFTER AN, INQUIRY REASONABLE UNDER,
ADMINISTRATOR.
COHEN & SLAMOWITZ, LLP
P.O. BOX 9004, 199 CROSSWAYS. PARK DRIVE, WOODBURY,
Refer to C&S File No. C513479265 Post Ave #150
Westbury, N.Y 11590.
MECALA RIVERS
12 CHAPEL PL
NORTH BABYLON NY 11703
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(FILED: SUFFOLK COUNTY CLERK 1172172012) INDEX NO. @35448/2012 NYSCPR AGE: tint oF THE STATE OF NEW YORK RECEIVED NYSCEF: 11/21/2012 COUNTY OF SUFFOLK X PLAINTIFF DESIGNATES SUFFOLK MIDLAND FUNDING LLC COUNTY AS THE PLACE OF TRIAL; THE DEFENDANT RESIDES IN SUFFOLK PLAINTIFF, COUNTY -AGAINST- INDEX NUMBER: PURCHASE DATE: MECALA RIVERS C&S FILE NO. C513479 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: November 19, 2012 COHEN & SLAMOWITZ, LLP ATTORNEYS FOR PLAINTIFF P.O. Box 9004 199 CROSSWAYS PARK DR., WOODBURY, NY 11797-9004 (516) 686-8981; (800) 293-6006 ext. 8981; Refer to C&S File No. C513479 DEFENDANTS TO BE SERVED: MECALA RIVERS, 12 CHAPEL PL, NORTH BABYLON NY 11703 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NTN A st oO om 2 © a aSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK MIDLAND FUNDING LLC PLAINTIFF, INDEX NUMBER -AGAINST- C&S FILE NO. C513479 MECALA RIVERS COMPLAINT DEFENDANT(S). =X COMPLAINING OF THE DEFENDANT(S), RESPECTFULLY PLAINTIFF, BY ITS ATTORNEYS 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, CHASE BANK USA, N.A. (HEREINAFTER "ORIGINAL CREDITOR"), OFFERED TO OPEN A CREDIT CARD ACCOUNT, ACCOUNT NO.XXXX-XXXX-XXXX-5621 (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 May 14, 2012 AND IS NOW THE OWNER AND ASSIGNEE OF THE ACCOUNT. 8. DEFENDANT(S) NOW OWE A BALANCE OF $16,138.34 AS OF September 30, 2012 WITH INTEREST FROM September 30, 2012, NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND THEREFOR. AS AND FOR A SECOND CAUSE OF ACTION D, 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 $16,138.34, NO PART OF WHICH HAS BEEN PAID DESPITE DUE DEMAND THEREFOR.WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) IN THE SUM OF $16,138.34 WITH INTEREST FROM September 30, 2012 TOGETHER WITH FEES, COSTS AND DISBURSEMENTS. ‘THE UNDERSIGNED ATTORNEY HEREBY CERTIFIES THAT, TO THE BEST OF HIS/HER 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 DATED: NOVEMBER 19, 2012 YOURS, ETC. D. Cohen/M. i ATTORNEYS FOR PLAINTIFF NY 11797-9004 (516) 686-8981; (800) 293-6006 ext. 8981; KNOWLEDGE, INFORMATION AND BELIEF, FORMED AFTER AN, INQUIRY REASONABLE UNDER, ADMINISTRATOR. COHEN & SLAMOWITZ, LLP P.O. BOX 9004, 199 CROSSWAYS. PARK DRIVE, WOODBURY, Refer to C&S File No. C513479265 Post Ave #150 Westbury, N.Y 11590. MECALA RIVERS 12 CHAPEL PL NORTH BABYLON NY 11703