FILED: JEFFERSON COUNTY CLERK 06/17/2021 01:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-00001491
`
`RECEIVED NYSCEF: 06/17/2021
`
`CONSUMER CREDIT TRANSACTION
`
`File # P210894
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF JEFFERSON
`---------------------------------
`MIDLAND CREDIT MANAGEMENT, INC.
`Plaintiff,
`
`Index No.
`SUMMONS
`
`-against-
`DIANE PORCELLO A/K/A DIANE C
`PORCELLO
`
`Defendant(s).
`
`---------------------------------
`Defendant's Residence Address:
`8370 S MAIN ST
`EVANS MILLS, NY 136373200
`
`Plaintiff's Residence Address
`350 CAMINO DE LA REINA, SUITE
`100
`SAN DIEGO CA 92108
`
`The Basis of this venue
`designated is:
`Defendant's residence
`
`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: 06/07/2021
`
`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:____________________________
`Ryan R. Tappan Esq.
`[ ] By:____________________________
`Craig S. Stiller Esq.
`[ ] By:____________________________
`Howard Schachter Esq.
`
`1 of 7
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`
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`FILED: JEFFERSON COUNTY CLERK 06/17/2021 01:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-00001491
`
`RECEIVED NYSCEF: 06/17/2021
`
`File # P210894
`SUPREME COURT OF THE STATE OF NEW YORK - COUNTY OF JEFFERSON
`----------------------------------
`MIDLAND CREDIT MANAGEMENT, INC.
`Plaintiff(s)
`-against-
`DIANE PORCELLO A/K/A DIANE C
`PORCELLO
`
`Index No.
`COMPLAINT
`
`Defendant(s)
`----------------------------------
`Plaintiff by its attorney, Pressler, Felt & Warshaw, LLP
`complaining of the Defendant(s) alleges upon information and
`belief as follows:
`
`FACTS COMMON TO ALL COUNTS
`
`1. Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., is a limited
`liability company formed under the laws of the state of Delaware
`and is authorized to do business in the State of New York.
`
`2. Plaintiff alleges that DIANE PORCELLO A/K/A DIANE C PORCELLO is
`the responsible person for the accounts sued upon herein.
`
`3. DIANE PORCELLO A/K/A DIANE C PORCELLO resides within the
`jurisdictional limits of this court.
`
`FIRST CAUSE OF ACTION
`
`4. Plaintiff repeats, realleges and reiterates each and every
`allegation contained in Facts Common to All Counts as if set forth
`at length herein.
`
`5. Plaintiff is the assignee and current owner of COMENITY CAPITAL
`BANK account number ending in 6061. The debt was assigned from the
`original creditor COMENITY CAPITAL BANK to Plaintiff.
`
`6. Plaintiff alleges that the Defendant DIANE PORCELLO A/K/A DIANE
`C PORCELLO is the person who incurred the debt on account number
`ending in 6061.
`
`7. DIANE PORCELLO A/K/A DIANE C PORCELLO failed to repay the
`balance owed on the account number ending in 6061, which is in
`default.
`
`8. The date of last payment is on or about February 9, 2019.
`
`9. Upon information and belief, the statute of limitations for this
`account is 6 years and, therefore, has not expired.
`
`10. There is now due and owing the Plaintiff, as the assignee of
`the account number ending in 6061 from the Defendant, DIANE
`PORCELLO A/K/A DIANE C PORCELLO , the sum of $3,341.09.
`
`2 of 7
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`FILED: JEFFERSON COUNTY CLERK 06/17/2021 01:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-00001491
`
`RECEIVED NYSCEF: 06/17/2021
`
`SECOND CAUSE OF ACTION
`
`11. Plaintiff repeats, realleges and reiterates each and every
`allegation contained in Facts Common to All Counts as if set forth
`at length herein.
`
`12. Plaintiff is the assignee and current owner of COMENITY BANK
`account number ending in 5299. The debt was assigned from the
`original creditor COMENITY BANK to Plaintiff.
`
`13. Plaintiff alleges that the Defendant DIANE PORCELLO A/K/A DIANE
`C PORCELLO is the person who incurred the debt on account number
`ending in 5299.
`
`14. DIANE PORCELLO A/K/A DIANE C PORCELLO failed to repay the
`balance owed on the account number ending in 5299, which is in
`default.
`
`15. The date of last payment is on or about October 9, 2019.
`
`16. Upon information and belief, the statute of limitations for
`this account is 3 years and, therefore, has not expired.
`
`17. There is now due and owing the Plaintiff, as the assignee of
`the account number ending in 5299 from the Defendant, DIANE
`PORCELLO A/K/A DIANE C PORCELLO , the sum of $2,773.46.
`
`THIRD CAUSE OF ACTION
`
`18. Plaintiff repeats, realleges and reiterates each and every
`allegation contained in Facts Common to All Counts as if set forth
`at length herein.
`
`19. Plaintiff is the assignee and current owner of COMENITY BANK
`account number ending in 9193. The debt was assigned from the
`original creditor COMENITY BANK to Plaintiff.
`
`20. Plaintiff alleges that the Defendant DIANE PORCELLO A/K/A DIANE
`C PORCELLO is the person who incurred the debt on account number
`ending in 9193.
`
`21. DIANE PORCELLO A/K/A DIANE C PORCELLO failed to repay the
`balance owed on the account number ending in 9193, which is in
`default.
`
`22. The date of last payment is on or about November 6, 2019.
`
`23. Upon information and belief, the statute of limitations for
`this account is 3 years and, therefore, has not expired.
`
`24. There is now due and owing the Plaintiff, as the assignee of
`the account number ending in 9193 from the Defendant, DIANE
`PORCELLO A/K/A DIANE C PORCELLO , the sum of $2,703.71.
`
`3 of 7
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`FILED: JEFFERSON COUNTY CLERK 06/17/2021 01:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-00001491
`
`RECEIVED NYSCEF: 06/17/2021
`
`FOURTH CAUSE OF ACTION
`
`25. Plaintiff repeats, realleges and reiterates each and every
`allegation contained in Facts Common to All Counts as if set forth
`at length herein.
`
`26. Plaintiff is the assignee and current owner of COMENITY BANK
`account number ending in 3592. The debt was assigned from the
`original creditor COMENITY BANK to Plaintiff.
`
`27. Plaintiff alleges that the Defendant DIANE PORCELLO A/K/A DIANE
`C PORCELLO is the person who incurred the debt on account number
`ending in 3592.
`
`28. DIANE PORCELLO A/K/A DIANE C PORCELLO failed to repay the
`balance owed on the account number ending in 3592, which is in
`default.
`
`29. The date of last payment is on or about November 6, 2019.
`
`30. Upon information and belief, the statute of limitations for
`this account is 3 years and, therefore, has not expired.
`
`31. There is now due and owing the Plaintiff, as the assignee of
`the account number ending in 3592 from the Defendant, DIANE
`PORCELLO A/K/A DIANE C PORCELLO , the sum of $1,876.48.
`
`FIFTH CAUSE OF ACTION
`
`32. Plaintiff repeats, realleges and reiterates each and every
`allegation contained in Facts Common to All Counts as if set forth
`at length herein.
`
`33. Plaintiff is the assignee and current owner of COMENITY BANK
`account number ending in 2212. The debt was assigned from the
`original creditor COMENITY BANK to Plaintiff.
`
`34. Plaintiff alleges that the Defendant DIANE PORCELLO A/K/A DIANE
`C PORCELLO is the person who incurred the debt on account number
`ending in 2212.
`
`35. DIANE PORCELLO A/K/A DIANE C PORCELLO failed to repay the
`balance owed on the account number ending in 2212, which is in
`default.
`
`36. The date of last payment is on or about November 6, 2019.
`
`37. Upon information and belief, the statute of limitations for
`this account is 3 years and, therefore, has not expired.
`
`38. There is now due and owing the Plaintiff, as the assignee of
`the account number ending in 2212 from the Defendant, DIANE
`PORCELLO A/K/A DIANE C PORCELLO , the sum of $1,193.03.
`
`4 of 7
`
`
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`FILED: JEFFERSON COUNTY CLERK 06/17/2021 01:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-00001491
`
`RECEIVED NYSCEF: 06/17/2021
`
`WHEREFORE, Plaintiff demands judgment against DIANE PORCELLO A/K/A
`DIANE C PORCELLO in the first cause of action for the sum of
`$3,341.09 and in the second cause of action for the sum of
`$2,773.46 and in the third cause of action for the sum of $2,703.71
`and in the fourth cause of action for the sum of $1,876.48 and in
`the fifth cause of action for the sum of $1,193.03 for a total of
`$11,887.77 plus costs and disbursem*nts and for such further and
`other relief as the Court deems just and proper.
`
`Dated: 06/07/2021
`
`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:____________________________
`Ryan R. Tappan Esq.
`[ ] By:____________________________
`Craig S. Stiller Esq.
`[ ] By:____________________________
`Howard Schachter 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.
`
`5 of 7
`
`
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`FILED: JEFFERSON COUNTY CLERK 06/17/2021 01:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-00001491
`
`RECEIVED NYSCEF: 06/17/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF
`JEFFERSON
`------------------------------------------------------------------x
`MIDLAND CREDIT MANAGEMENT, INC.
`Plaintiff/Petitioner,
`
`- against -
`DIANE PORCELLO A/K/A DIANE C PORCELLO
`
`
`
`Index No.
`
`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
`
`Page 1 of 2
`6 of 7
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`EFM-1
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`FILED: JEFFERSON COUNTY CLERK 06/17/2021 01:49 PM
`NYSCEF DOC. NO. 1
`
`INDEX NO. EF2021-00001491
`
`RECEIVED NYSCEF: 06/17/2021
`
`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
`www.nycourts.gov/efile
`NYSCEF site
`; or
`
`within
`
`the
`
`e-filed
`
`
`
`matter
`
`on
`
`the
`
`this
`action
`is
`where
`2)
`file
`the
`
`
`
`
`Notice
`of
`Opt-Out
`form
`with
`the
`clerk
`of
`the
`court
`mandatory
`pending
`and serve on all parties. Exemptions from
`e-filing
`are limited to
`and/or
`the
`they
`attorneys
`
`
`computer
`who
` certify
`in
`good
`faith
`that
`lack
`hardware
`scanner
`and/or
`internet
`
`they
` lack
`connection
`or
`that
`(along
`
` with
`all
`employees
`subject
`to
`their
`such
`direction)
`the
`knowledge
`
`to
`operate
`equipment.
`[Section
`202.5-bb(e)]
`
`For
`additional
`information
`about
`electronic
`
`
` filing and
`to
`create
`NYSCEF
`or
`www.nycourts.gov/efile
`website
`at
`contact
`the
`(phone: 646-386-3033; e-mail:
`nyscef@nycourts.gov).
`
`a
`NYSCEF
`account,
`NYSCEF
`Resource
`
`visit
`the
`Center
`
`
`
`
`
`Dated:
`
`06/07/2021
`
`
`
`
`
`Steven P. Bann
`______________________________
`Name
`Pressler, Felt & Warshaw, LLP
`______________________________
`
`Firm Name
`
`
`
`305 Broadway Suite 802
`_______________________________
`New York, NY 10007
`_______________________________
`Address
`
`
`
`1-888-312-8600
`
`_______________________________
`Phone
`
` Sbann@pfwattorneys.com
`E-Mail
`
`To:
`
`
`
`DIANE PORCELLO A/K/A DIANE C PORCELLO
`
`8370 S MAIN ST
`
`EVANS MILLS, NY 136373200
`
` PFW File Number P210894
`
`Index #
`
`Page 2 of 2
`7 of 7
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`2/24/20
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`EFM-1
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