Preview
FILED: YATES COUNTY CLERK 06/25/2021 11:11 AM INDEX NO. 2021-5156
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021
CONSUMER CREDIT TRANSACTION
CREDIT CARD DEBT
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
American Express National Bank
SUMMONS
115 West Towne Ridge Parkway
Sandy, Utah 84070
Index No.:
Date Purchased:
Plaintiff,
Plaintiff(s) designate(s) Yates
-vs-
County as the place of trial
JAMES HENDERSON AKA JAMES R. HENDERSON . .
The basis of the venue 1s
1274 Voak Road
DEFENDANT'S LOCATION
Penn Yan NY 14527
Defendant.
To the above named Defendant:
YOU ARE HEREBY SUMMONED and required to appear in the Su e Court of the County of Yates
located at 451 Liberty Street, City of Penn Yan, State of New York, by servi g swer to the annexed Verified
Complaint upon Plaintiff's attorney at the address stated below, or if thçr s rney, upon the Plaintiff at the
below·
address stated above, within the time provided by law as noted o ailure to so answer, judgment
will be taken agains you for the relief demanded in the complaint, t e the costs of this action.
Dated:
RE , GO STElN & CRANE, LLP
V. S. Vilkhu, Esq.
Attorney(s) for Plaintiff
Office and Post Office Address
28 East Main Street, Suite 1800
Rochester, New York 14614
NOTE: The law provides that: (585) 325-6202
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 served outside the
County of Yates, or by publication, or by any means other than personal delivery to you within the
County of Yates, you are allowed thirty (30) days after service is complete within which to
answer.
* to the court
You need not physically go to serve an answer.
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 06/25/2021 11:11 AM INDEX NO. 2021-5156
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF YATES
American Express National Bank
115 West Towne Ridge Parkway
Sandy, Utah 84070
Plaintiff,
VERIFIED
-vs-
COMPLAINT
JAMES HENDERSON AKA JAMES R. HENDERSON
1274 Voak Road
Penn Yan NY 14527
Defendant.
THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE.
Plaintiff for its complaint against the Defendant herein, alleges as follows:
FIRST: Plaintiff is a national bank, having a place of business in the County of Salt Lake, State of Utah.
SECOND: On April 1, 2018 American Express Bank, FSB merged with American Express National Bank,
with American Express National Bank
surviving as the
entity after the merger. See,
https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-actions-jan-
2018.html. See also, 12 U.S.C. § 1828 et seq.
THIRD: Upon information and belief, the Defendant is a resident of the County of Yates, State of New
York.
AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES:
FOURTH: Upon information and belief, that heretofore and within six years last past, at the specific
instance and request of the Defendant, Plaintiff loaned certain monies to Defendant amounting to the sum of
$24,385.17, on the account ending in ***********2003, and although duly demanded, no part of said sum has
been paid by Defendant to Plaintiff.
AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES:
"FIRST" "FOURTH"
FIFTH: Repeats and re-alleges the allegations contained in paragraphs through
above.
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FILED: YATES COUNTY CLERK 06/25/2021 11:11 AM INDEX NO. 2021-5156
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021
SIXTH: An account has been stated between the parties; the Plaintiff has rendered a true and accurate
statement of the account ending in ***********2003 to the Defendant, who has received and retained same
without due objection.
WHEREFORE, Plaintiff demands judgment against the Defendant in the sum 24,385.17, together with
the costs and disbursements of this action.
Dated:
RELI GO STEIN & CRANE, LLP
V. S. Vilkhu, Esq.
Attorney(s) for Plaintiff
Office and Post Office Address
28 East Main Street, Suite 1800
Rochester, New York 14614
(585) 325-6202
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FILED: YATES COUNTY CLERK 06/25/2021 11:11 AM INDEX NO. 2021-5156
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021
ATTORNEY'S VERIFICATION BY AFFIRMATION
STATE OF NEW YORK
COUNTY OF MONROE) SS:
I, the undersigned, am an attorney admitted to practice in the Courts of the State of New York and I am the
attorney of record, or of counsel with the attorney(s) of record for Plaintiff.
I have read the annexed Verified Complaiñt and know the contents thereof and the same are true to my
knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those
matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon
the following: Correspondence, memoranda and statements of account in deponent's possession.
The reason I make this affirmation instead of Plaintiff is because an officer of Plaintiff is not within the
County of Monroe and deponent is one of the attorneys for said corporation.
I affirm that the foregoing statements are true under penalties of .
RELIN, OLDÊ IN & CRANE, LLP
V. S. Vilkhu, Esq.
Attorney(s) for Plaintiff
Office and Post Office Address
28 East Main Street, Suite 1800
Rochester, New York 14614
(585) 325-6202
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Preview
FILED: YATES COUNTY CLERK 06/25/2021 11:11 AM INDEX NO. 2021-5156 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021 CONSUMER CREDIT TRANSACTION CREDIT CARD DEBT STATE OF NEW YORK SUPREME COURT COUNTY OF YATES American Express National Bank SUMMONS 115 West Towne Ridge Parkway Sandy, Utah 84070 Index No.: Date Purchased: Plaintiff, Plaintiff(s) designate(s) Yates -vs- County as the place of trial JAMES HENDERSON AKA JAMES R. HENDERSON . . The basis of the venue 1s 1274 Voak Road DEFENDANT'S LOCATION Penn Yan NY 14527 Defendant. To the above named Defendant: YOU ARE HEREBY SUMMONED and required to appear in the Su e Court of the County of Yates located at 451 Liberty Street, City of Penn Yan, State of New York, by servi g swer to the annexed Verified Complaint upon Plaintiff's attorney at the address stated below, or if thçr s rney, upon the Plaintiff at the below· address stated above, within the time provided by law as noted o ailure to so answer, judgment will be taken agains you for the relief demanded in the complaint, t e the costs of this action. Dated: RE , GO STElN & CRANE, LLP V. S. Vilkhu, Esq. Attorney(s) for Plaintiff Office and Post Office Address 28 East Main Street, Suite 1800 Rochester, New York 14614 NOTE: The law provides that: (585) 325-6202 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 served outside the County of Yates, or by publication, or by any means other than personal delivery to you within the County of Yates, you are allowed thirty (30) days after service is complete within which to answer. * to the court You need not physically go to serve an answer. THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1 of 4 FILED: YATES COUNTY CLERK 06/25/2021 11:11 AM INDEX NO. 2021-5156 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF YATES American Express National Bank 115 West Towne Ridge Parkway Sandy, Utah 84070 Plaintiff, VERIFIED -vs- COMPLAINT JAMES HENDERSON AKA JAMES R. HENDERSON 1274 Voak Road Penn Yan NY 14527 Defendant. THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Plaintiff for its complaint against the Defendant herein, alleges as follows: FIRST: Plaintiff is a national bank, having a place of business in the County of Salt Lake, State of Utah. SECOND: On April 1, 2018 American Express Bank, FSB merged with American Express National Bank, with American Express National Bank surviving as the entity after the merger. See, https://www.occ.treas.gov/topics/licensing/interpretations-and-actions/2018/interpretations-and-actions-jan- 2018.html. See also, 12 U.S.C. § 1828 et seq. THIRD: Upon information and belief, the Defendant is a resident of the County of Yates, State of New York. AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES: FOURTH: Upon information and belief, that heretofore and within six years last past, at the specific instance and request of the Defendant, Plaintiff loaned certain monies to Defendant amounting to the sum of $24,385.17, on the account ending in ***********2003, and although duly demanded, no part of said sum has been paid by Defendant to Plaintiff. AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES: "FIRST" "FOURTH" FIFTH: Repeats and re-alleges the allegations contained in paragraphs through above. 2 of 4 FILED: YATES COUNTY CLERK 06/25/2021 11:11 AM INDEX NO. 2021-5156 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021 SIXTH: An account has been stated between the parties; the Plaintiff has rendered a true and accurate statement of the account ending in ***********2003 to the Defendant, who has received and retained same without due objection. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum 24,385.17, together with the costs and disbursements of this action. Dated: RELI GO STEIN & CRANE, LLP V. S. Vilkhu, Esq. Attorney(s) for Plaintiff Office and Post Office Address 28 East Main Street, Suite 1800 Rochester, New York 14614 (585) 325-6202 3 of 4 FILED: YATES COUNTY CLERK 06/25/2021 11:11 AM INDEX NO. 2021-5156 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/25/2021 ATTORNEY'S VERIFICATION BY AFFIRMATION STATE OF NEW YORK COUNTY OF MONROE) SS: I, the undersigned, am an attorney admitted to practice in the Courts of the State of New York and I am the attorney of record, or of counsel with the attorney(s) of record for Plaintiff. I have read the annexed Verified Complaiñt and know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: Correspondence, memoranda and statements of account in deponent's possession. The reason I make this affirmation instead of Plaintiff is because an officer of Plaintiff is not within the County of Monroe and deponent is one of the attorneys for said corporation. I affirm that the foregoing statements are true under penalties of . RELIN, OLDÊ IN & CRANE, LLP V. S. Vilkhu, Esq. Attorney(s) for Plaintiff Office and Post Office Address 28 East Main Street, Suite 1800 Rochester, New York 14614 (585) 325-6202 4 of 4