On December 07, 2011 a
Complaint,Petition
was filed
involving a dispute between
Acm Opportunity Fund Llc,
and
Ashley Yarington,
for Commercial
in the District Court of Niagara County.
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INDEX NO. E145778/2011
(FILED: NIAGARA COUNTY CLERK 12707720171)
07/2011
CONSUMER CREBUTIVRANGAOTIOR/
NStfPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NIAGARA Our File No. MF07307
Court Index No.
ACM OPPORTUNITY FUND LLC Date Purchased:
SUMMONS
Plaintiff's address:
Plaintiff 2800 N 44TH ST STE 310
-against- PHOENIX, AZ 85008
ASHLEY YARINGTON
I
Defendant (s)
{A
0
The basis of venue is:
{NMA
The transaction took place in the State of New York, County of NIAGARA
To the above named defendant (s):
YOU ARE HEREBY SUMMONED
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. Upon failure to answer, judgment will be taken against you for the
relief demanded in the complaint, together with the costs of this action.
hy
Dated: November 30, 2011 fh) LIPS, P.C
i ||
KIRSCHENBAI
Attorneys for Pl
BY:
MICHAEL ko
40 Daniel Sreel, Sul
P.O. Box 9000
Farmingdale, NY 11735-9000
(516) 746-1144
NOTE: The Law or rules of court provide that:
(a) If this summons is served by its delivery to you personally within the State of New York, you must
answer within 20 days after such service; 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 30 days after service is complete within which to answer.
Defendant (s) Address:
5459 IDE RD NEWFANE NY 14108
WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
SUPREME COURT OF THE STATE OF NEW YORK Our File No. MF07307
COUNTY OF NIAGARA
ACM OPPORTUNITY FUND LLC Court Index No.
Plaintiff COMPLAINT
-against-
ASHLEY YARINGTON shires] B98
Defendant (s)
Plaintiff, by its attomeys, complaining of the defendant(s), respectfully alleges
1 Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City
Department of Consumer Affairs, license number 1394537.
2. 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 an agent and that the
instant cause of action arose out of said transaction.
FOR A FIRST CAUSE OF ACTION
3. The defendant(s) heretofore entered into a credit card agreement plaintiff's predecessor in interest,
HSBC BANK NEVADA NA.
4. Under the terms of the agreement the defendant(s) were authorized and did make, charge purchases
and obtain cash advances and were obligated to repay the same together applicable interest however,
defendant(s) defaulted in making the payment due leaving a balance of $3,716.44 as of August 11, 2011
5. Plaintiff took by assignment ali right, title and interest to receive the payments due pursuant to, and in
accordance with the said credit card agreement, and is the legal assignee ofthe original creditor.
6. Defendant(s) is/are liable to plaintiff as a result of defendant(s) breach of agreement.
FOR A SECOND CAUSE OF ACTIO!
7. That heretofore, plaintiff, or the assignor, rendered to defendant(s) nthly, full, just and true accounts of
the indebtedness due and owing by defendant(s) as a result of the aforesaid/transaction, which is the sum set forth
above, and said statements were delivered to, BCI fed , accepted and retained by defendant(s) without objection,
resulting in an account stated for the amount clai above.
WHEREFORE, plaintiff demands judgemi st the defendant(s) for |the sum of $3,716.44 with interest from
August 11, 2011, together with costs and disbu;
|
November 30, 2011 KIRSCHENBAUM & PHILLIPS, P.C.
l‘| Attomeys for Plaintiff
40 Daniel Street, Suite 7
Rw, P.O} Box 9000
MICHAEL L. Farmingdale, NY 11735-9000
(516) 746-1144
Document Filed Date
December 07, 2011
Case Filing Date
December 07, 2011
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INDEX NO. E145778/2011 (FILED: NIAGARA COUNTY CLERK 12707720171) 07/2011 CONSUMER CREBUTIVRANGAOTIOR/ NStfPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA Our File No. MF07307 Court Index No. ACM OPPORTUNITY FUND LLC Date Purchased: SUMMONS Plaintiff's address: Plaintiff 2800 N 44TH ST STE 310 -against- PHOENIX, AZ 85008 ASHLEY YARINGTON I Defendant (s) {A 0 The basis of venue is: {NMA The transaction took place in the State of New York, County of NIAGARA To the above named defendant (s): YOU ARE HEREBY SUMMONED 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. Upon failure to answer, judgment will be taken against you for the relief demanded in the complaint, together with the costs of this action. hy Dated: November 30, 2011 fh) LIPS, P.C i || KIRSCHENBAI Attorneys for Pl BY: MICHAEL ko 40 Daniel Sreel, Sul P.O. Box 9000 Farmingdale, NY 11735-9000 (516) 746-1144 NOTE: The Law or rules of court provide that: (a) If this summons is served by its delivery to you personally within the State of New York, you must answer within 20 days after such service; 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 30 days after service is complete within which to answer. Defendant (s) Address: 5459 IDE RD NEWFANE NY 14108 WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SUPREME COURT OF THE STATE OF NEW YORK Our File No. MF07307 COUNTY OF NIAGARA ACM OPPORTUNITY FUND LLC Court Index No. Plaintiff COMPLAINT -against- ASHLEY YARINGTON shires] B98 Defendant (s) Plaintiff, by its attomeys, complaining of the defendant(s), respectfully alleges 1 Plaintiff is a limited liability company. Plaintiff is licensed as a debt collector by the New York City Department of Consumer Affairs, license number 1394537. 2. 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 an agent and that the instant cause of action arose out of said transaction. FOR A FIRST CAUSE OF ACTION 3. The defendant(s) heretofore entered into a credit card agreement plaintiff's predecessor in interest, HSBC BANK NEVADA NA. 4. Under the terms of the agreement the defendant(s) were authorized and did make, charge purchases and obtain cash advances and were obligated to repay the same together applicable interest however, defendant(s) defaulted in making the payment due leaving a balance of $3,716.44 as of August 11, 2011 5. Plaintiff took by assignment ali right, title and interest to receive the payments due pursuant to, and in accordance with the said credit card agreement, and is the legal assignee ofthe original creditor. 6. Defendant(s) is/are liable to plaintiff as a result of defendant(s) breach of agreement. FOR A SECOND CAUSE OF ACTIO! 7. That heretofore, plaintiff, or the assignor, rendered to defendant(s) nthly, full, just and true accounts of the indebtedness due and owing by defendant(s) as a result of the aforesaid/transaction, which is the sum set forth above, and said statements were delivered to, BCI fed , accepted and retained by defendant(s) without objection, resulting in an account stated for the amount clai above. WHEREFORE, plaintiff demands judgemi st the defendant(s) for |the sum of $3,716.44 with interest from August 11, 2011, together with costs and disbu; | November 30, 2011 KIRSCHENBAUM & PHILLIPS, P.C. l‘| Attomeys for Plaintiff 40 Daniel Street, Suite 7 Rw, P.O} Box 9000 MICHAEL L. Farmingdale, NY 11735-9000 (516) 746-1144