Preview
FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
Index No.
FIRST NATIONAL BANK OF OMAHA, Plaintiff designates Yates
A SUBSIDIARY OF FIRST NATIONAL County as the place of trial.
OF NEBRASKA, INC.
1620 Dodge Street
Omaha NE 68197
Plaintiff, SUMMONS
vs.
KENNETH J RIEHL The basis of the venue is
4571 Pre Emption Rd Defendant's residence in
Dundee NY 14837-9710 Yates County.
The transaction took place
in Yates County.
Defendant.
To the Above-Named Defendant:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a
Answer*
copy of your to the annexed complaint upon Plaintiffs attorney at the address stated below, within the
time provided by law as noted on the next page; upon your failure to appear or Answer, Judgment will be taken
against you for the relief dem ded in the Complaint, tog er with the costs of this action.
Dated: , 2024
Mark H. Stein, Esq.
Lacy Katzen LLP
Attorneys for Plaintiff
Legacy Tower, 600 Bausch & Lomb Place
Mailing Address: P.O. Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
730003159
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FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
Note: The law provides that:
(1) if this Summons is served by its delivery to you personally within the County of Yates, you must
answer within twenty (20) days after such service; or
(2) if this Summons is served by delivery to any person other than you personally, or is not personally
delivered to you within the State of New York, you are allowed thirty (30) days after service is complete within
which to Answer.
*
You need not physically go to the Court to serve an Answer.
This communication is from a debt collector. This is an attempt to collect a debt.
Any information obtained will be used for that purpose.
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FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
FIRST NATIONAL BANK OF OMAHA, A SUBSIDIARY OF
FIRST NATIONAL OF NEBRASKA, INC.
Plaintiff,
VERIFIED
-vs- COMPLAINT
KENNETH J RIEHL
Defendant.
First National Bank of Omaha, a subsidiary of First National of Nebraska, Inc. ("Plaintiff"),
by its attorney, complaining of the Defendant, alleges:
1. Plaintiff is a privately owned banking company and is a subsidiary of First National
of Nebraska, Inc., having an office at 1620 Dodge Street, Omaha, Nebraska and is the original creditor
in this action.
2. Upon information and belief, Defendant is a resident of Dundee, Yates County, State
of New York.
AS AND FOR A FIRST CAUSE OF ACTION:
3. Plaintiff repeats and realleges each and every allegation set forth in the foregoing
paragraphs of this complaint as if fully set forth herein.
4. Defendant made application for a Mastercard Credit Card.
5. Pursuant to said application, Plaintiff issued a Mastercard Credit Card to Defendant
along with a Credit Agreement, a copy of which is attached hereto as Exhibit "A". The Credit
Card was assigned an account number ending in XXXXXXXXXXXX1620.
6. Pursuant to said agreement the first use of the card meant that Defendant accepted the
terms of the agreement.
7. Defendant charged goods and services on said account, made payments on said
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FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
account, and eventually defaulted by failing to make payments as agreed. Defendant last paid the
"B"
Credit Card account on March 30, 2023 in the amount of $100.00. Attached hereto as Exhibit
and made a part hereof is a copy of the account statement recording Defendant's last payment at
which time the account balance owed was $2280.08.
8. The account was charged-off on November 30, 2023, at which time Defendant owed
Plaintiff the sum of $3055.16. A copy of the statement reflecting the balance due of $3055.16, sent
to Defendant is attached hereto as Exhibit "C".
9. By reason of the foregoing, Defendant owes Plaintiff $3055.16, plus post-charge-off
interest in the amount of post-charge-off fees and charges in the amount of less post-
$0.00, $0.00,
charge-off credits and/or payments made by or on behalf of Defendant in the amount of $0.00.
AS AND FOR A SECOND CAUSE OF ACTION:
10. Plaintiff repeats and realleges each and every allegation set forth in the foregoing
paragraphs of this complaint as if fully set forth herein.
11. Plaintiff rendered statements of this account on a periodic basis which Defendant
retained without objection thereby creating an account stated by and between the parties.
12. Plaintiff provided the final statement of account, a copy of which is attached hereto as
Exhibit "C", to Defendant on or about November 3, 2023.
13. After giving credit to Defendant for all payments made and credits received there is
now due and owing from Defendant to Plaintiff, on account thereof, the sum of $3055.16.
WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $3055.16,
plus the costs and disbursements of this action.
Dated: , 2024
Mark H. Stein, Esq.
Lacy Katzen LLP
Attorneys for Plaintiff
Legacy Tower, 600 Bausch & Lomb Place
Mailing Address: P.O. Box 22878
Rochester, New York 14692-2878
Telephone: (585) 324-5775 (866) 250-2112
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VERIFICATION
Mark H. Stein, Esq., an attorney duly admitted to practice before the Courts of the State
of New York, affirms as follows, under penalty of perjury:
I am a member of the law firm of Lacy Katzen LLP, attorneys for First National Bank Of
Omaha, a subsidiary of First National of Nebraska, Inc. I am fully familiar with the facts and
circumstances of this matter from my review of the file and other work herein to date. I have
read the foregoing Complaint and know the contents thereof. The same is true to the best of my
knowledge, except as to matters therein stated to be alleged upon information and belief and as
to those matters I believe it to be true. The pleading's material allegations are within my
knowledge based upon information contained in my file and the attached Affidavit of Facts
executed by an employee of First National Bank Of Omaha, a subsidiary of First National of
Nebraska, Inc. Further, First National Bank Of Omaha, a subsidiary of First National of
Nebraska, Inc. is not in Monroe County, New York where my office is located.
Dated: , 2024
Mark H. Stein, Esq.
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FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
--------------------------------------------x
First National Bank Of Omaha, a subsidiary of
First National of Nebraska, Inc.
Plaintiff/Petitioner,
-against- Index No.
Kenneth J Riehl
Defendant/Respondent.
---------------------------------------x
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE, that the matter captioned above, which has been commenced by filing of the
accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section
202.5-bb of the Uniform Rules for the Trail Courts. This notice is being served as required by Subdivision (b)
(3) of that Section.
The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of
documents with the County Clerk and the court and for the electronic service of those documents, court
documents, claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their
representation within the e-filed matter on the Consent/Represent page in NYSCEF. Failure to do so may
result in an inability to receive electronic notice of document filings.
Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack
the computer equipment or with all the requisite knowledge to and self-
(along employees) comply; 2)
represented parties who choose not to participate in e-filing. For additional information about electronic filing,
including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the
NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourtsaov; mailing address: 60 Centre
Street, New York, New York 1007).
Dated: _
600 Bausch & Lomb Place
Mark H. Stein, Esq. Rochester, NY 14604
LACY KATZEN LLP (585) 454-5650
mstein@lacykatzen.com
To: Kenneth J Riehl
4571 Pre Emption Rd
Dundee NY 14837-9710
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Preview
FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF YATES Index No. FIRST NATIONAL BANK OF OMAHA, Plaintiff designates Yates A SUBSIDIARY OF FIRST NATIONAL County as the place of trial. OF NEBRASKA, INC. 1620 Dodge Street Omaha NE 68197 Plaintiff, SUMMONS vs. KENNETH J RIEHL The basis of the venue is 4571 Pre Emption Rd Defendant's residence in Dundee NY 14837-9710 Yates County. The transaction took place in Yates County. Defendant. To the Above-Named Defendant: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a Answer* copy of your to the annexed complaint upon Plaintiffs attorney at the address stated below, within the time provided by law as noted on the next page; upon your failure to appear or Answer, Judgment will be taken against you for the relief dem ded in the Complaint, tog er with the costs of this action. Dated: , 2024 Mark H. Stein, Esq. Lacy Katzen LLP Attorneys for Plaintiff Legacy Tower, 600 Bausch & Lomb Place Mailing Address: P.O. Box 22878 Rochester, New York 14692-2878 Telephone: (585) 324-5775 (866) 250-2112 730003159 1 of 6 FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 Note: The law provides that: (1) if this Summons is served by its delivery to you personally within the County of Yates, you must answer within twenty (20) days after such service; or (2) if this Summons is served by delivery to any person other than you personally, or is not personally delivered to you within the State of New York, you are allowed thirty (30) days after service is complete within which to Answer. * You need not physically go to the Court to serve an Answer. This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. 2 of 6 FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF YATES FIRST NATIONAL BANK OF OMAHA, A SUBSIDIARY OF FIRST NATIONAL OF NEBRASKA, INC. Plaintiff, VERIFIED -vs- COMPLAINT KENNETH J RIEHL Defendant. First National Bank of Omaha, a subsidiary of First National of Nebraska, Inc. ("Plaintiff"), by its attorney, complaining of the Defendant, alleges: 1. Plaintiff is a privately owned banking company and is a subsidiary of First National of Nebraska, Inc., having an office at 1620 Dodge Street, Omaha, Nebraska and is the original creditor in this action. 2. Upon information and belief, Defendant is a resident of Dundee, Yates County, State of New York. AS AND FOR A FIRST CAUSE OF ACTION: 3. Plaintiff repeats and realleges each and every allegation set forth in the foregoing paragraphs of this complaint as if fully set forth herein. 4. Defendant made application for a Mastercard Credit Card. 5. Pursuant to said application, Plaintiff issued a Mastercard Credit Card to Defendant along with a Credit Agreement, a copy of which is attached hereto as Exhibit "A". The Credit Card was assigned an account number ending in XXXXXXXXXXXX1620. 6. Pursuant to said agreement the first use of the card meant that Defendant accepted the terms of the agreement. 7. Defendant charged goods and services on said account, made payments on said 3 of 6 FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 account, and eventually defaulted by failing to make payments as agreed. Defendant last paid the "B" Credit Card account on March 30, 2023 in the amount of $100.00. Attached hereto as Exhibit and made a part hereof is a copy of the account statement recording Defendant's last payment at which time the account balance owed was $2280.08. 8. The account was charged-off on November 30, 2023, at which time Defendant owed Plaintiff the sum of $3055.16. A copy of the statement reflecting the balance due of $3055.16, sent to Defendant is attached hereto as Exhibit "C". 9. By reason of the foregoing, Defendant owes Plaintiff $3055.16, plus post-charge-off interest in the amount of post-charge-off fees and charges in the amount of less post- $0.00, $0.00, charge-off credits and/or payments made by or on behalf of Defendant in the amount of $0.00. AS AND FOR A SECOND CAUSE OF ACTION: 10. Plaintiff repeats and realleges each and every allegation set forth in the foregoing paragraphs of this complaint as if fully set forth herein. 11. Plaintiff rendered statements of this account on a periodic basis which Defendant retained without objection thereby creating an account stated by and between the parties. 12. Plaintiff provided the final statement of account, a copy of which is attached hereto as Exhibit "C", to Defendant on or about November 3, 2023. 13. After giving credit to Defendant for all payments made and credits received there is now due and owing from Defendant to Plaintiff, on account thereof, the sum of $3055.16. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $3055.16, plus the costs and disbursements of this action. Dated: , 2024 Mark H. Stein, Esq. Lacy Katzen LLP Attorneys for Plaintiff Legacy Tower, 600 Bausch & Lomb Place Mailing Address: P.O. Box 22878 Rochester, New York 14692-2878 Telephone: (585) 324-5775 (866) 250-2112 4 of 6 FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 VERIFICATION Mark H. Stein, Esq., an attorney duly admitted to practice before the Courts of the State of New York, affirms as follows, under penalty of perjury: I am a member of the law firm of Lacy Katzen LLP, attorneys for First National Bank Of Omaha, a subsidiary of First National of Nebraska, Inc. I am fully familiar with the facts and circumstances of this matter from my review of the file and other work herein to date. I have read the foregoing Complaint and know the contents thereof. The same is true to the best of my knowledge, except as to matters therein stated to be alleged upon information and belief and as to those matters I believe it to be true. The pleading's material allegations are within my knowledge based upon information contained in my file and the attached Affidavit of Facts executed by an employee of First National Bank Of Omaha, a subsidiary of First National of Nebraska, Inc. Further, First National Bank Of Omaha, a subsidiary of First National of Nebraska, Inc. is not in Monroe County, New York where my office is located. Dated: , 2024 Mark H. Stein, Esq. 5 of 6 FILED: YATES COUNTY CLERK 02/21/2024 11:21 AM INDEX NO. 2024-5041 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/21/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES --------------------------------------------x First National Bank Of Omaha, a subsidiary of First National of Nebraska, Inc. Plaintiff/Petitioner, -against- Index No. Kenneth J Riehl Defendant/Respondent. ---------------------------------------x NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE, that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trail Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, claimed exemption (see below) as required by Section 202.5-bb(e) must immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment or with all the requisite knowledge to and self- (along employees) comply; 2) represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section 202.5-bb, consult the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourtsaov; mailing address: 60 Centre Street, New York, New York 1007). Dated: _ 600 Bausch & Lomb Place Mark H. Stein, Esq. Rochester, NY 14604 LACY KATZEN LLP (585) 454-5650 mstein@lacykatzen.com To: Kenneth J Riehl 4571 Pre Emption Rd Dundee NY 14837-9710 6 of 6