Preview
FILED: WASHINGTON COUNTY CLERK 08/16/2021 03:10 PM INDEX NO. EC2021-33230
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
CONSUMER CREDIT TRANSACTION
STATE OF NEW YORK
SUPREME COURT COUNTY OF WASHINGTON
Index No.
FIRST NATIONAL BANK OF OMAHA, Plaintiff designates
A SUBSIDIARY OF FIRST NATIONAL Washington County as the
OF NEBRASKA, INC. place of trial.
1620 Dodge Street
Omaha NE 68197
Plaintiff, SUMMONS
vs.
MICHAEL TRAVER The basis of the venue is
3 Woodell Rd Defendant's residence in
Granville NY 12832-4921 Washington County.
The transaction took place
in Washington County.
Defendant.
To the Above-Named Defendant:
YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a
of your Answer* to the at address stated within the
copy annexed complaint upon Plaintiffs attorney the below,
time provided by law as noted on the next page; upon your failure to appear or Answer, Judgmêñt willbe taken
against you for the relief demanded in the Complaint, together with the costs of this action.
Dated: - ___ , 2021
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
710001175
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FILED: WASHINGTON COUNTY CLERK 08/16/2021 03:10 PM INDEX NO. EC2021-33230
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
Note: The law provides that:
(1) ifthis Summons isserved by itsdelivery to you personally within the County of Washington, you
must answer within twenty (20) days after such service; or
(2) ifthis Summons is served by delivery to any person other than you personally, or is notpei sonally
delivered to you within the State of New Yoriq 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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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF WASHINGTON
FIRST NATIONAL BANK OF OMAHA, A SUBSIDIARY OF
FIRST NATIONAL OF NEBRASKA, INC.
Plaintiff,
VERIFIED
-vs- COMPLAINT
MICHAEL TRAVER
Defendant.
Plaintiff, by itsattorney, coruplainiñg of the Defendant, alleges:
1. Plaintiff is a privately owned ba.nling company and is a subsidiary of First National
of Nebraska, Inc.,having an office at 1620 Dodge Street, Omaha, Nebraska.
2. Upon information and belief, Defendant is a resident of Granville, Washington
County, State of New York.
AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES:
"1"
3. Plaintiff repeats and realleges each and every allegation set forth in Paragraphs
"2"
and 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.
6. That pursuant to said agreement the firstuse 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
account, and eventually defaulted by failing to make payments as agreed. As of May 28, 2021,
Defendant owed Plaintiff the sum of $5372.68.
AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES:
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"1"
8. Plaintiff repeats and realleges each and every allegation set forth in Paragraphs
"7"
through of this complaint as if fully set forth herein.
9. Plaintiff rendered statemeñts of this account on a periodic basis which Defendant
retained without objection thereby creating an account stated by and between the parties.
10. After giving credit to Defendant for allpaymcats made and credits received there is
now due and owing from the Defendant to the Plaintiff, on account thereof, the sum of $5372.68.
WHEREFORE, Plaintiff demands judgment agaiñst Defendant for the sum of $5372.68,
plus the costs and disbursements of this action.
Dated: , 2021
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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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021
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 itto 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 of First National of
subsidiary
Nebraska, Inc. is not in Monroe County, New York where my office is located.
Dated: Ý Ó , 2021
Mark H. Stein, Esq.
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Preview
FILED: WASHINGTON COUNTY CLERK 08/16/2021 03:10 PM INDEX NO. EC2021-33230 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 CONSUMER CREDIT TRANSACTION STATE OF NEW YORK SUPREME COURT COUNTY OF WASHINGTON Index No. FIRST NATIONAL BANK OF OMAHA, Plaintiff designates A SUBSIDIARY OF FIRST NATIONAL Washington County as the OF NEBRASKA, INC. place of trial. 1620 Dodge Street Omaha NE 68197 Plaintiff, SUMMONS vs. MICHAEL TRAVER The basis of the venue is 3 Woodell Rd Defendant's residence in Granville NY 12832-4921 Washington County. The transaction took place in Washington County. Defendant. To the Above-Named Defendant: YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action and to serve a of your Answer* to the at address stated within the copy annexed complaint upon Plaintiffs attorney the below, time provided by law as noted on the next page; upon your failure to appear or Answer, Judgmêñt willbe taken against you for the relief demanded in the Complaint, together with the costs of this action. Dated: - ___ , 2021 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 710001175 1 of 5 FILED: WASHINGTON COUNTY CLERK 08/16/2021 03:10 PM INDEX NO. EC2021-33230 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 Note: The law provides that: (1) ifthis Summons isserved by itsdelivery to you personally within the County of Washington, you must answer within twenty (20) days after such service; or (2) ifthis Summons is served by delivery to any person other than you personally, or is notpei sonally delivered to you within the State of New Yoriq 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 5 FILED: WASHINGTON COUNTY CLERK 08/16/2021 03:10 PM INDEX NO. EC2021-33230 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF WASHINGTON FIRST NATIONAL BANK OF OMAHA, A SUBSIDIARY OF FIRST NATIONAL OF NEBRASKA, INC. Plaintiff, VERIFIED -vs- COMPLAINT MICHAEL TRAVER Defendant. Plaintiff, by itsattorney, coruplainiñg of the Defendant, alleges: 1. Plaintiff is a privately owned ba.nling company and is a subsidiary of First National of Nebraska, Inc.,having an office at 1620 Dodge Street, Omaha, Nebraska. 2. Upon information and belief, Defendant is a resident of Granville, Washington County, State of New York. AS AND FOR A FIRST CAUSE OF ACTION, PLAINTIFF ALLEGES: "1" 3. Plaintiff repeats and realleges each and every allegation set forth in Paragraphs "2" and 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. 6. That pursuant to said agreement the firstuse 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 account, and eventually defaulted by failing to make payments as agreed. As of May 28, 2021, Defendant owed Plaintiff the sum of $5372.68. AS AND FOR A SECOND CAUSE OF ACTION, PLAINTIFF ALLEGES: 3 of 5 FILED: WASHINGTON COUNTY CLERK 08/16/2021 03:10 PM INDEX NO. EC2021-33230 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 "1" 8. Plaintiff repeats and realleges each and every allegation set forth in Paragraphs "7" through of this complaint as if fully set forth herein. 9. Plaintiff rendered statemeñts of this account on a periodic basis which Defendant retained without objection thereby creating an account stated by and between the parties. 10. After giving credit to Defendant for allpaymcats made and credits received there is now due and owing from the Defendant to the Plaintiff, on account thereof, the sum of $5372.68. WHEREFORE, Plaintiff demands judgment agaiñst Defendant for the sum of $5372.68, plus the costs and disbursements of this action. Dated: , 2021 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 5 FILED: WASHINGTON COUNTY CLERK 08/16/2021 03:10 PM INDEX NO. EC2021-33230 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/16/2021 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 itto 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 of First National of subsidiary Nebraska, Inc. is not in Monroe County, New York where my office is located. Dated: Ý Ó , 2021 Mark H. Stein, Esq. 5 of 5