On July 24, 2018 a
Complaint,Petition
was filed
involving a dispute between
Midland Funding Llc,
and
Michelle Aka Foster A K A Michelle L Paschall,
Michelle L Aka Paschall,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Oswego County.
Preview
FILED: OSWEGO COUNTY CLERK 07/24/2018 11:22 AM INDEX NO. EFC-2018-1227
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2018
File # F131319
CONSUMER CRED I T TRANSACTION
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
___________----------____________
MIDLAND FUNDING LLC
Plaintiff, Index No.
-against-
SUMMONS
MICHELLE FOSTER A/K/A MICHELLE L
PASCHALL
Plaintiff's Residence Address
2365 NORTHSIDE DR STE 300.
SAN DIEGO CA 92108
Defendant(s).
The Basis of this venue
designated is:
Defendant's residence
__________________.___________.____
Defendant's Residence Address:
23 CASTER RD
SANDY CREEK, NY 131452189
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: 07/19/18 PRESSLER, FELT & WARSHAW, LLP
Attorneys for Plaintiff
305 Broa way 9th Floor
New Y , 10 7
(516 222-7929
(X] y:
Craig . tiller , E q.
[ ) By:
Ian Z. Winog rac E sq.
[ ] By:
David B. Warshaw Esq.
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FILED: OSWEGO COUNTY CLERK 07/24/2018 11:22 AM INDEX NO. EFC-2018-1227
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2018
File 4 F131319
- COUNTY OSWEGO
SUPREME COURT OF THE STATE OF NEW YORK OF
__________________________________
MIDLAND FUNDING LLC
Plaintiff(s) Index No.
-against- COMPLAINT
MICHELLE FOSTER A/K/A MICHELLE L
PASCHALL
Defendant(s)
__________________________________
Plaintiff by its attorneys, 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 COMENITY CAPITAL
BANK (DENTALFIRST FINANCING) account number ending in
XXXXXXXXXXXX9431 .
2. MICHELLE FOSTER A/K/A MICHELLE L PASCHALL resides within
the jurisdictional limits of this court.
3. Plaintiff alleges that MICHELLE FOSTER A/K/A
.A/K/A MICHELLE L
PASCHALL , whose social security number ends in 099, is the
responsible person for this account.
4. MICHELLE FOSTER A/K/A MICHELLE L PASCHALL failed to repay
the balance owed on the account, which is in default.
5. The account was assigned from the original creditor
COMENITY CAPITAL BANK (DENTALFIRST FINANCING) to MIDLAND
FUNDING LLC, the present assignee.
6. The cause of action asserted herein accrued on or about
March 20, 2017, the governing law being the state of Utah.
7. The date of default is on or about March 20, 2017.
8. Upon information and belief, the statute of limitations for
the cause of action asserted herein is 4 years and
therefore has not expired.
9. There is now due and owing the plaintiff, as the assignee
of the account, from MICHELLE FOSTER A/K/A MICHELLE L
PASCHALL , the sum of $999.78.
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FILED: OSWEGO COUNTY CLERK 07/24/2018 11:22 AM INDEX NO. EFC-2018-1227
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/24/2018
WHEREFORE, Plaintiff demands judgment against MICHELLE FOSTER A/K/A
MICHELLE L PASCHALL
for the sum of $999.78 plus post judgment interest, costs and
disbursements of this action and for such further and other
relief as the Court deems just and proper.
Dated: 07/19/18 PRESSLER, FELT & WARSHAW, i LLP
Attorneys for Plaintiff
305 Broadway 9th Floor
New York, NY 10007
(516)222-
{X] By:
Cr ig S. S lie , sq.
( ] By:
Ian Z. Winograd Esq.
{ ) By:
David B. Warshaw 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.
3 of 3
Document Filed Date
July 24, 2018
Case Filing Date
July 24, 2018
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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