Preview
FILED: FRANKLIN COUNTY CLERK 11/03/2022 02:37 PM INDEX NO. E2022-570
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/03/2022
CONSUMER CREDIT TRANSACTION
SUPREME COURT
COUNTY OF FRANKLIN STATE OF NEW YORK
DISCOVER BANK, Index No.
Plaintiff
- vs. - S U M M O N S
DANIEL DRAKE, The basis of the venue designated is
Defendant's residence.
133 BROADWAY
APT 4 Plaintiff's address:
SARANAC LAKE, NY 12983 c/o Discover Products Inc.
Defendant(s) 6500 New Albany Road
New Albany, OH 43054
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 the attorneys for plaintiff within 20 days after the service of the
Summons, exclusive of the days of service (or within 30 days after the service is complete if this
summons is not personally delivered to you within the State of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded herein. The basis of venue is the Defendant( sidence.
DATED:
[ JASON P AGEN, ESQ.
[ ] JOSEPH S, ESQ.
[ ] ELIZAB CLARKE, ESQ.
[ ]STEPHA MAIDA, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
100 CORPORATE WOODS, SUITE 230
ROCHESTER, NY 14623
(585)427-0482
ZANYLITIGATION@ZWICKERPC.COM
267194030591
1 of 3
FILED: FRANKLIN COUNTY CLERK 11/03/2022 02:37 PM INDEX NO. E2022-570
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/03/2022
SUPREME COURT
COUNTY OF FRANKLIN STATE OF NEW YORK
DISCOVER BANK, Index No.
Plaintiff,
vs. COMPLAINT
DANIEL DRAKE,
Defendant(s).
Plaintiff, by and through its attorneys, Zwicker & Associates P.C., complaining of
Defendant(s), respectfully alleges upon information and belief:
1. Plaintiff is a FDIC-insured Delaware State Bank. Plaintiff is the original creditor.
2. Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to
allow this Court to maintain jurisdiction and venue of Plaintiff's claims.
3. Defendant(s) entered into a credit agreement (hereinafter "Agreement") with
Plaintiff.
4. The last four digits of the account number that was printed on the most recent
monthly statement recording a purchase transaction, last payment, or balance transfer was 2156.
5. The balance printed on the most recent monthly statement recording a purchase
transaction, last payment, or balance transfer was $3,611.88.
6. The last payment, in the amount of $79.00 posted to the account on 10/12/20.
7. Defendant(s) defaulted on the terms of the aforementioned Agreement.
8. There is now due and owing to Plaintiff from Defendant(s), as a result of the
aforementioned breach of the Agreement by Defendant(s), the sum of $4,297.36, itemized as
follows: $4,499.17, the total amount due at charge-off; plus $0.00, the total amount of interest
accrued since charge-off; plus $0.00, the total amount of non-interest charges or fees accrued
267194030591
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FILED: FRANKLIN COUNTY CLERK 11/03/2022 02:37 PM INDEX NO. E2022-570
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/03/2022
since charge-off; less $201.81, the total amount of payments and/or credits since charge-off.
9. The contract or other written instrument on which the action is based is attached
hereto as Exhibit A.
Wherefore, Plaintiff demands judgment in the amount of $4,297.36 against
Defendant(s), plus post-judgment interest, and court costs to the extent permitted by applicable
law.
DATED: Î 21
[ ASON ERHAGEN, ESQ.
[ JOSEP KAS, ESQ.
[ } ELIZA H CLARKE, ESQ.
[ ]STEPH IE MAIDA, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
100 CORPORATE WOODS, SUITE 230
ROCHESTER, NY 14623
(585)427-0482
ZANYLITIGATION@ZWICKERPC.COM
267194030591
3 of 3
Preview
FILED: FRANKLIN COUNTY CLERK 11/03/2022 02:37 PM INDEX NO. E2022-570 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/03/2022 CONSUMER CREDIT TRANSACTION SUPREME COURT COUNTY OF FRANKLIN STATE OF NEW YORK DISCOVER BANK, Index No. Plaintiff - vs. - S U M M O N S DANIEL DRAKE, The basis of the venue designated is Defendant's residence. 133 BROADWAY APT 4 Plaintiff's address: SARANAC LAKE, NY 12983 c/o Discover Products Inc. Defendant(s) 6500 New Albany Road New Albany, OH 43054 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 the attorneys for plaintiff within 20 days after the service of the Summons, exclusive of the days of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded herein. The basis of venue is the Defendant( sidence. DATED: [ JASON P AGEN, ESQ. [ ] JOSEPH S, ESQ. [ ] ELIZAB CLARKE, ESQ. [ ]STEPHA MAIDA, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 100 CORPORATE WOODS, SUITE 230 ROCHESTER, NY 14623 (585)427-0482 ZANYLITIGATION@ZWICKERPC.COM 267194030591 1 of 3 FILED: FRANKLIN COUNTY CLERK 11/03/2022 02:37 PM INDEX NO. E2022-570 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/03/2022 SUPREME COURT COUNTY OF FRANKLIN STATE OF NEW YORK DISCOVER BANK, Index No. Plaintiff, vs. COMPLAINT DANIEL DRAKE, Defendant(s). Plaintiff, by and through its attorneys, Zwicker & Associates P.C., complaining of Defendant(s), respectfully alleges upon information and belief: 1. Plaintiff is a FDIC-insured Delaware State Bank. Plaintiff is the original creditor. 2. Defendant(s) reside(s) and/or maintain(s) an address and/or domicile sufficient to allow this Court to maintain jurisdiction and venue of Plaintiff's claims. 3. Defendant(s) entered into a credit agreement (hereinafter "Agreement") with Plaintiff. 4. The last four digits of the account number that was printed on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer was 2156. 5. The balance printed on the most recent monthly statement recording a purchase transaction, last payment, or balance transfer was $3,611.88. 6. The last payment, in the amount of $79.00 posted to the account on 10/12/20. 7. Defendant(s) defaulted on the terms of the aforementioned Agreement. 8. There is now due and owing to Plaintiff from Defendant(s), as a result of the aforementioned breach of the Agreement by Defendant(s), the sum of $4,297.36, itemized as follows: $4,499.17, the total amount due at charge-off; plus $0.00, the total amount of interest accrued since charge-off; plus $0.00, the total amount of non-interest charges or fees accrued 267194030591 2 of 3 FILED: FRANKLIN COUNTY CLERK 11/03/2022 02:37 PM INDEX NO. E2022-570 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/03/2022 since charge-off; less $201.81, the total amount of payments and/or credits since charge-off. 9. The contract or other written instrument on which the action is based is attached hereto as Exhibit A. Wherefore, Plaintiff demands judgment in the amount of $4,297.36 against Defendant(s), plus post-judgment interest, and court costs to the extent permitted by applicable law. DATED: Î 21 [ ASON ERHAGEN, ESQ. [ JOSEP KAS, ESQ. [ } ELIZA H CLARKE, ESQ. [ ]STEPH IE MAIDA, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 100 CORPORATE WOODS, SUITE 230 ROCHESTER, NY 14623 (585)427-0482 ZANYLITIGATION@ZWICKERPC.COM 267194030591 3 of 3