Preview
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 12:17 PM INDEX NO. 63430/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION
COUNTYOFWESTCHESTER
------------------------- - - - - - - - - - - - - ----- - - - - - - -x SUMMONS
JPMorgan Chase Bank, N.A.
Plaintiff, COURT INDEX#:
MJRF#: 02245772
-Against -
EGEN W WARNERJR Pl ainti ff 's Address:
201 N WALNUTSTREET
Defendant(s) WILMINGTON,DE 19801
___________________-_____________________________Ç
Defendant 's Address:
370 GARDENAVE
MOUNTVERNON,NY 10553
Plaintiff designates WESTCHESTERCounty as the place of trial. The basis of the venue is:
DEFENDANTRESIDES IN THE COUNTY
TO THE ABOVE NAMEDDEFENDANT(S):
YOUAREHEREBYSUMMONED
to answer the complaint in this action and to serve a copy of your answer on Plaintiff's
attorneys within the time provided by law as noted below. In case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded
in the complaint.
YOUARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for the relief demanded in the complaint.
Dated: May 28, 2024
GERALDW. FLYNN KE RI S. FLYNN
-KRISTINE D. FLYNN LVATOREANTHONYCANDELA
-AMY GAVLIK DANAMARIE ARRICK
MULLOOLY , R00NEY& FLYGNLLP
, JEFFREY
Attorneys for Pl ainti ff
6851 Jericho Tpke, Suite 220
P.0.BOX 9036
Syosset, NY 11791-9036
(516)656-5300
NOTE: The law provides that:
(a)Ifthis summons is served by its delivery to you personally within the State of New
York you must appear and answer within TWENTYdays after such service(not counting the
day of service itself); or
(b)If this summons is served by delivery to any person other than you personally, or is
served outside the State of New York or by publication, or by any means other than
personal delivery to you within the State of New York, you are allowed THIRTY days after
service is complete to answer.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR.
(FIAS) 0001JN
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FILED: WESTCHESTER COUNTY CLERK 06/04/2024 12:17 PM INDEX NO. 63430/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFWESTCHESTER
_____________________________________________Ç
JPMorgan Chase Bank , N. A.
Pl ainti ff ,
v . INDEX#:
EGENW WARNER
JR MJRF#: 02245772
Defendant (s)
_____________________________________________Ç
COMPLAINT
Plaintiff, JPMorgan Chase Bank, N.A., through its attorneys upon information and belief,
claims as follows:
1. That the Defendant(s) resides in the county in which this action is brought; or that
the Defendant(s) transacted business within the county in which this action is brought in
person or through his/her agent and that the instant cause of action arose out of the
said transaction.
2. Plaintiff is a national banking association chartered under the laws of the United
States.
3. Plaintiff is successor-in-interest to Chase Bank USA,N.A. ("Chase USA"). Chase USA was
merged into and under the charter and title of Plaintiff, effective May 18,2019.
FIRST CAUSEOFACTION
4. Defendant applied for and received a credit account (the "Account"), which is owned
and administered by Plaintiff, the original creditor, JPMorgan Chase Bank, N.A.,
Defendant used or authorized the use of the Account for the acquisition of goods,
services, balance transfers or cash advances in accordance with the customer
agreement("Agreement") governing use of the Account with Plaintiff.
5. The last payment in good and collectable funds was received on or about 4/07/23 for
the sum of $150.00. Defendant breached the Agreement by failing to make periodic
payments as required thereby and the Account was subsequently charged-off. The entire
balance on the Account is owed to Plaintiff and is presently due and payable in full.
5. Itemization of the amount sought:
Total amount of the debt due as of charge-off: $4,432.21
Total amount of interest accrued since charge-off: +$0.00
Total amount of fees accrued since charge-off: +$0.00
Total amount of non-interest charges since charge-off: +$0.00
Total amount of payments and/or credits since charge-off: -$0.00
The current Account balance is: $4,432.21
The Account is not accruing post charge-off interest.
SECONDCAUSEOFACTION
7. In accordance with federal regulations, monthly periodic statements for the Account
have been provided to the Defendant and retained without successful objection.
8. The final statement of Account was provided to the Defendant on or about 11/30/23.
Attached hereto as Exhibit "A" is a statement.
copy of the charge-off
9. Based on state law disclosure requirements, the last periodic statement recording a
purchase, last payment, or balance transfer provided to Defendant prior to charge-off
reflected Account number ending in 5643 and a balance of $3,667.71.
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FILED: WESTCHESTER COUNTY CLERK 06/04/2024 12:17 PM INDEX NO. 63430/2024
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024
10. Based on Plaintiff's records, there are no unresolved billing disputes related to the
Account.
WHEREFORE,Plaintiff, JPMorgan Chase Bank, N.A., prays that judgment be entered against
Defendant for:
the sum of $4,432.21.
Respectfully submitted,
Dated: May 28, 2024
_GERALDW. FLYNN KjRRI S. FLYNN
_KRISTINE D. FLYNN 4__ ALVATORE ANTHONYCANDELA
_AMYGAVLIK _DANAMARIE ARRICK
MULL00LY,JEFFREY,R00NEY & FLYNN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
THIS IS AN ATTEMPTTO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR.
(FIAS)
Mjrf#:02245772
3 of 3
Preview
FILED: WESTCHESTER COUNTY CLERK 06/04/2024 12:17 PM INDEX NO. 63430/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREMECOURTOFTHESTATEOFNEWYORK CONSUMERCREDITTRANSACTION COUNTYOFWESTCHESTER ------------------------- - - - - - - - - - - - - ----- - - - - - - -x SUMMONS JPMorgan Chase Bank, N.A. Plaintiff, COURT INDEX#: MJRF#: 02245772 -Against - EGEN W WARNERJR Pl ainti ff 's Address: 201 N WALNUTSTREET Defendant(s) WILMINGTON,DE 19801 ___________________-_____________________________Ç Defendant 's Address: 370 GARDENAVE MOUNTVERNON,NY 10553 Plaintiff designates WESTCHESTERCounty as the place of trial. The basis of the venue is: DEFENDANTRESIDES IN THE COUNTY TO THE ABOVE NAMEDDEFENDANT(S): YOUAREHEREBYSUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiff's attorneys within the time provided by law as noted below. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. YOUARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for the relief demanded in the complaint. Dated: May 28, 2024 GERALDW. FLYNN KE RI S. FLYNN -KRISTINE D. FLYNN LVATOREANTHONYCANDELA -AMY GAVLIK DANAMARIE ARRICK MULLOOLY , R00NEY& FLYGNLLP , JEFFREY Attorneys for Pl ainti ff 6851 Jericho Tpke, Suite 220 P.0.BOX 9036 Syosset, NY 11791-9036 (516)656-5300 NOTE: The law provides that: (a)Ifthis summons is served by its delivery to you personally within the State of New York you must appear and answer within TWENTYdays after such service(not counting the day of service itself); or (b)If this summons is served by delivery to any person other than you personally, or is served outside the State of New York or by publication, or by any means other than personal delivery to you within the State of New York, you are allowed THIRTY days after service is complete to answer. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR. (FIAS) 0001JN 1 of 3 FILED: WESTCHESTER COUNTY CLERK 06/04/2024 12:17 PM INDEX NO. 63430/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFWESTCHESTER _____________________________________________Ç JPMorgan Chase Bank , N. A. Pl ainti ff , v . INDEX#: EGENW WARNER JR MJRF#: 02245772 Defendant (s) _____________________________________________Ç COMPLAINT Plaintiff, JPMorgan Chase Bank, N.A., through its attorneys upon information and belief, claims as follows: 1. That the Defendant(s) resides in the county in which this action is brought; or that the Defendant(s) transacted business within the county in which this action is brought in person or through his/her agent and that the instant cause of action arose out of the said transaction. 2. Plaintiff is a national banking association chartered under the laws of the United States. 3. Plaintiff is successor-in-interest to Chase Bank USA,N.A. ("Chase USA"). Chase USA was merged into and under the charter and title of Plaintiff, effective May 18,2019. FIRST CAUSEOFACTION 4. Defendant applied for and received a credit account (the "Account"), which is owned and administered by Plaintiff, the original creditor, JPMorgan Chase Bank, N.A., Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement("Agreement") governing use of the Account with Plaintiff. 5. The last payment in good and collectable funds was received on or about 4/07/23 for the sum of $150.00. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 5. Itemization of the amount sought: Total amount of the debt due as of charge-off: $4,432.21 Total amount of interest accrued since charge-off: +$0.00 Total amount of fees accrued since charge-off: +$0.00 Total amount of non-interest charges since charge-off: +$0.00 Total amount of payments and/or credits since charge-off: -$0.00 The current Account balance is: $4,432.21 The Account is not accruing post charge-off interest. SECONDCAUSEOFACTION 7. In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. 8. The final statement of Account was provided to the Defendant on or about 11/30/23. Attached hereto as Exhibit "A" is a statement. copy of the charge-off 9. Based on state law disclosure requirements, the last periodic statement recording a purchase, last payment, or balance transfer provided to Defendant prior to charge-off reflected Account number ending in 5643 and a balance of $3,667.71. 2 of 3 FILED: WESTCHESTER COUNTY CLERK 06/04/2024 12:17 PM INDEX NO. 63430/2024 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/04/2024 10. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. WHEREFORE,Plaintiff, JPMorgan Chase Bank, N.A., prays that judgment be entered against Defendant for: the sum of $4,432.21. Respectfully submitted, Dated: May 28, 2024 _GERALDW. FLYNN KjRRI S. FLYNN _KRISTINE D. FLYNN 4__ ALVATORE ANTHONYCANDELA _AMYGAVLIK _DANAMARIE ARRICK MULL00LY,JEFFREY,R00NEY & FLYNN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 THIS IS AN ATTEMPTTO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATIONIS FROMA DEBT COLLECTOR. (FIAS) Mjrf#:02245772 3 of 3