Preview
FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM INDEX NO. 129097-2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021
Ontario County Clerk Recording Page
Return To Matthew J. Hoose, County Clerk
STEVEN P. BANN Ontario County Clerk
7 Entin Road 20 Ontario Street
Parsippany, NJ 07054 Canandaigua, New York 14424
(585) 396-4200
Document Type: SUMMONS + COMPLAINT Receipt Number: 537938
Plaintiff Defendant
MIDLAND CREDIT MANAGEMENT INC MAXIM, DAVID W
Fees
Control #: 202103260121
Total Fees Paid: $0.00
Index #: 129097-2021
State of New York
County of Ontario
EFiling through NYSCEF with a total page count of
6.
Ontario County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
PK
Do Not Detach
1 of 6
202103260121 IndexNO.
INDEX # : 129097-2021
129097-2021
FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021
File # M383041
CONSUMER CREDIT TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
---------------------------------
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff, Index No.
-against- SUMMONS
DAVID W MAXIM
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:
6532 GILLIS RD
VICTOR, NY 145649508
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: 03/18/2021 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 802
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Steven P. Bann , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong Esq.
2 of 6
202103260121 IndexNO.
INDEX #: 129097-2021
129097-2021
FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021
File # M383041
SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF ONTARIO
----------------------------------
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff(s) Index No.
-against- COMPLAINT
DAVID W MAXIM
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 CREDIT MANAGEMENT, INC., is a limited
liability company formed under the laws of the State of
Delaware and having taken assignment of is owner of
CITIBANK, N.A. (BEST BUY CREDIT CARD) account number
ending in 5357.
2. DAVID W MAXIM resides within the jurisdictional limits of
this court.
3. Plaintiff alleges that DAVID W MAXIM is the responsible
person for this account.
4. DAVID W MAXIM failed to repay the balance owed on the
account, which is in default.
5. The debt was assigned from the original creditor
CITIBANK, N.A. (BEST BUY CREDIT CARD) to Plaintiff.
6. The date of last payment is on or about April 7, 2018.
7. Upon information and belief, the statute of limitations
for the cause of action asserted herein is 4 years and
therefore has not expired.
8. There is now due and owing the Plaintiff, as the assignee
of the account, from DAVID W MAXIM the sum of $1,970.93.
3 of 6
202103260121 IndexNO.
INDEX #: 129097-2021
129097-2021
FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021
WHEREFORE, Plaintiff demands judgment against DAVID W MAXIM
for the sum of $1,970.93 plus costs and disbursements of this
action and for such further and other relief as the Court deems
just and proper.
Dated: 03/18/2021 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broadway Suite 802
New York, NY 10007
(888)312-8600
[X] By:
____________________________
Steven P. Bann , Esq.
[ ] By:____________________________
Ian Z. Winograd Esq.
[ ] By:____________________________
David B. Warshaw Esq.
[ ] By:____________________________
Craig S. Stiller Esq.
[ ] By:____________________________
Howard Schachter Esq.
[ ] By:____________________________
Patrick Wong 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 6
202103260121 IndexNO.
INDEX #: 129097-2021
129097-2021
FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONTARIO
------------------------------------------------------------------x
MIDLAND CREDIT MANAGEMENT, INC.
Plaintiff/Petitioner,
- against - Index No.
DAVID W MAXIM
Defendant/Respondent.
------------------------------------------------------------------x
NOTICE OF ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)
You have received this Notice because:
1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the
New York State Courts E-filing system (“NYSCEF”), and
2) You are a Defendant/Respondent (a party) in this case.
! If you are represented by an attorney:
Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2).
! If you are not represented by an attorney:
You will be served with all documents in paper and you must serve and file your
documents in paper, unless you choose to participate in e-filing.
If you choose to participate in e-filing, you must have access to a computer and a
scanner or other device to convert documents into electronic format, a connection
to the internet, and an e-mail address to receive service of documents.
The benefits of participating in e-filing include:
! serving and filing your documents electronically
! free access to view and print your e-filed documents
! limiting your number of trips to the courthouse
! paying any court fees on-line (credit card needed)
To register for e-filing or for more information about how e-filing works:
! visit: www.nycourts.gov/efile-unrepresented or
! contact the Clerk’s Office or Help Center at the court where the case was filed. Court
contact information can be found at www.nycourts.gov
Page5 1
of of
6 2 EFM-1
202103260121 IndexNO.
INDEX #: 129097-2021
129097-2021
FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021
To find legal information to help you represent yourself visit www.nycourthelp.gov
Information for Attorneys
(E-filing is Mandatory for Attorneys)
An attorney representing a party who is served with this notice must either:
1) immediately record his or her representation within the e-filed matter on the
NYSCEF site www.nycourts.gov/efile ; or
2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending and serve on all parties. Exemptions from mandatory e-filing are limited to
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 knowledge to operate such equipment. [Section 202.5-bb(e)]
For additional information about electronic filing and to create a NYSCEF account, visit the
NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: nyscef@nycourts.gov).
Dated: 03/18/2021
Steven P. Bann
______________________________ 305 Broadway Suite 802
Name _______________________________
Pressler, Felt & Warshaw, LLP New York, NY 10007
______________________________ _______________________________
Firm Name Address
1-888-312-8600
_______________________________
Phone
Sbann@pfwattorneys.com
E-Mail
To: DAVID W MAXIM
6532 GILLIS RD
VICTOR, NY 145649508
PFW File Number M383041 2/24/20
Index # Page6 2
of of 2
6 EFM-1
Preview
FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM INDEX NO. 129097-2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021 Ontario County Clerk Recording Page Return To Matthew J. Hoose, County Clerk STEVEN P. BANN Ontario County Clerk 7 Entin Road 20 Ontario Street Parsippany, NJ 07054 Canandaigua, New York 14424 (585) 396-4200 Document Type: SUMMONS + COMPLAINT Receipt Number: 537938 Plaintiff Defendant MIDLAND CREDIT MANAGEMENT INC MAXIM, DAVID W Fees Control #: 202103260121 Total Fees Paid: $0.00 Index #: 129097-2021 State of New York County of Ontario EFiling through NYSCEF with a total page count of 6. Ontario County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York PK Do Not Detach 1 of 6 202103260121 IndexNO. INDEX # : 129097-2021 129097-2021 FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021 File # M383041 CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO --------------------------------- MIDLAND CREDIT MANAGEMENT, INC. Plaintiff, Index No. -against- SUMMONS DAVID W MAXIM 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: 6532 GILLIS RD VICTOR, NY 145649508 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: 03/18/2021 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway Suite 802 New York, NY 10007 (888)312-8600 [X] By: ____________________________ Steven P. Bann , Esq. [ ] By:____________________________ Ian Z. Winograd Esq. [ ] By:____________________________ David B. Warshaw Esq. [ ] By:____________________________ Craig S. Stiller Esq. [ ] By:____________________________ Howard Schachter Esq. [ ] By:____________________________ Patrick Wong Esq. 2 of 6 202103260121 IndexNO. INDEX #: 129097-2021 129097-2021 FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021 File # M383041 SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF ONTARIO ---------------------------------- MIDLAND CREDIT MANAGEMENT, INC. Plaintiff(s) Index No. -against- COMPLAINT DAVID W MAXIM 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 CREDIT MANAGEMENT, INC., is a limited liability company formed under the laws of the State of Delaware and having taken assignment of is owner of CITIBANK, N.A. (BEST BUY CREDIT CARD) account number ending in 5357. 2. DAVID W MAXIM resides within the jurisdictional limits of this court. 3. Plaintiff alleges that DAVID W MAXIM is the responsible person for this account. 4. DAVID W MAXIM failed to repay the balance owed on the account, which is in default. 5. The debt was assigned from the original creditor CITIBANK, N.A. (BEST BUY CREDIT CARD) to Plaintiff. 6. The date of last payment is on or about April 7, 2018. 7. Upon information and belief, the statute of limitations for the cause of action asserted herein is 4 years and therefore has not expired. 8. There is now due and owing the Plaintiff, as the assignee of the account, from DAVID W MAXIM the sum of $1,970.93. 3 of 6 202103260121 IndexNO. INDEX #: 129097-2021 129097-2021 FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021 WHEREFORE, Plaintiff demands judgment against DAVID W MAXIM for the sum of $1,970.93 plus costs and disbursements of this action and for such further and other relief as the Court deems just and proper. Dated: 03/18/2021 PRESSLER, FELT & WARSHAW, LLP Attorneys for Plaintiff 305 Broadway Suite 802 New York, NY 10007 (888)312-8600 [X] By: ____________________________ Steven P. Bann , Esq. [ ] By:____________________________ Ian Z. Winograd Esq. [ ] By:____________________________ David B. Warshaw Esq. [ ] By:____________________________ Craig S. Stiller Esq. [ ] By:____________________________ Howard Schachter Esq. [ ] By:____________________________ Patrick Wong 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 6 202103260121 IndexNO. INDEX #: 129097-2021 129097-2021 FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONTARIO ------------------------------------------------------------------x MIDLAND CREDIT MANAGEMENT, INC. Plaintiff/Petitioner, - against - Index No. DAVID W MAXIM Defendant/Respondent. ------------------------------------------------------------------x NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system (“NYSCEF”), and 2) You are a Defendant/Respondent (a party) in this case. ! If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2). ! If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: ! serving and filing your documents electronically ! free access to view and print your e-filed documents ! limiting your number of trips to the courthouse ! paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: ! visit: www.nycourts.gov/efile-unrepresented or ! contact the Clerk’s Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov Page5 1 of of 6 2 EFM-1 202103260121 IndexNO. INDEX #: 129097-2021 129097-2021 FILED: ONTARIO COUNTY CLERK 03/26/2021 12:57 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/26/2021 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.gov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to 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 knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: nyscef@nycourts.gov). Dated: 03/18/2021 Steven P. Bann ______________________________ 305 Broadway Suite 802 Name _______________________________ Pressler, Felt & Warshaw, LLP New York, NY 10007 ______________________________ _______________________________ Firm Name Address 1-888-312-8600 _______________________________ Phone Sbann@pfwattorneys.com E-Mail To: DAVID W MAXIM 6532 GILLIS RD VICTOR, NY 145649508 PFW File Number M383041 2/24/20 Index # Page6 2 of of 2 6 EFM-1