Preview
FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023
SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION
COUNTY OF WYOMING Our File No. DC46813
Court Index No.
DISCOVER BANK Date Purchased:
SUMMONS
Plaintiff's address:
Plaintiff 6500 NEW ALBANY RD E
-against- NEW OHIO 43054
ALBANY,
IIIIIIIIIIIIIIIIIII
Rachel E Debruyn
IIIMHllMIIIIH
Defendant (s)
IIIIIHHIIIIIIIIIIHIIH
IHNIMI|IH
The basis of venue is:
The defendant(s) reside in the State of New York, County of WYOMING
To the above named defendant (s):
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED
to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the
address indicated below within 20 days after service of this Summons (not counting the date of service
itself), or within 30 days after service is complete if the Summons is not delivered personally to you within
the State of New York.
YOU ARE 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: November 20, 2023
KI S ENBAUM & PHILLIPS, P.C.
Att r s for Plaintiff
BY
J A SZYMANSKA
40 Da iel Street, Suite 7
P.O. x 9000
Farmingdale, NY 11735-9000
1-866-746-1144
Defendant (s) Address:
29 Main St Uppr Attica NY 14011-1073
WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W1LL BE
USED FOR THAT PURPOSE.
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FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK Our File No. DC46813
RECEIVED NYSCEF: 11/28/2023
COUNTY OF WYOMING
DISCOVER BANK Court Index No.
Plaintiff COMPLAINT
-against-
************3373
Rachel E Debruyn
Defendant (s)
Plaintiff, by its attomeys, complaining of the defendant(s), respectfully alleges:
1. Plaintiff is a corporation authorized to do business in the State of New York. Under present rules plaintiff
is not required to be licensed as a debt collector by the New York City Department of Consumer Affairs.
2. That the defendant(s) resides in the county in which this action is brought.
3. Upon information and belief the causes of action asserted herein are not outside the applicable statute
of limitations.
FOR A FIRST CAUSE OF ACTION
4. The defendant(s) heretofore entered into a credit card agreement with the Plaintiff, original creditor,
DISCOVER BANK, where the original account number ended in *****-3373.
5. Under the terms of the agreement the defendant(s) were authorized to, and did make, charges,
purchases and/or obtained cash advances and were obligated to repay the same together with applicable interest.
6. The defendant('s') last payment on the instant account was received on or about June 4, 2022 in the
amount of $50.00.
7. The account balance printed on the most recent monthly statement recording a purchase transaction,
last payment or balance transfer was $1,401.65.
8. Defendant(s) defaulted in making additional payments as they became due leaving a final balance due
and owing as of December 30, 2022 in the amount of $1,697.14, broken down as follows:
Total amount due at charge-off: $1,697.14
Total interest since charge-off: $.00
Total non-interest charges since charge-off: $.00
Total payments/credits since charge-off: $63.40
9. Defendant(s) is/are liable to plaintiff as a result of defendant(s) breach of agreement.
FOR A SECOND CAUSE OF ACTION
10. That heretofore, plaintiff, or the assignor, rendered to defendant(s) monthly, 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 defendant(s) without objection.
11. Upon information and belief, on or about December 30, 2022 a final statement of account was mailed
to the defendant(s).
12. Defendant(s) is/are liable for an account stated for the amount claimed above.
WHEREFORE, plaintiff demands j ent against defendant (s), for the sum of $1,633.74 together with costs,
disbursements and statutory post judg t interest.
November 20, 2023 KIRSCHENBAUM & PHILLIPS, P.C.
Attorneys for Plaintiff
JOLA SZYMANSKA 40 Daniel Street, Suite 7
P.O. Box 9000
Farmingdale, NY 11735-9000
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FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023
SUPREME COURT OF THE STATE OF NEW YORK Index No.
COUNTY OF WYOMING Our File No. DC46813
X
DISCOVER BANK
Plaintiff,
-against-
Rachel E Debruyn
Defendant(s),
X
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above, which has been
commenced by filing of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System
("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This
notice is being served as required by Subdivision (b) (3) of that Section.
Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the
Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory
e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings.
Claiming an exemption will require the exempt party to serve and be served with hard copy documents.
Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a
user ID and password. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF
website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.qov:
mailing address: 60 Centre Street, New York, New York 10007).
Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to:
1) attomeys who certify in good faith that they lack the computer hardware and/or scanner and/or intemet connection or
that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing
requirements; and
2) parties who expect to represent themselves and who choose not to parti Lt in e-filing. (Such parties are encouraged
to visit www.nycourthelp.qov or contact the Help Center in the court wher i . ction is pending.)
Date: November 20, 2023
Rachel E Debruyn JOL SZYMANSKA
29 Main St Uppr KlR ENBAUM & PHILLIPS, P.C.
Attica NY 14011-1073 40 iel Street, Suite 7
P.O. ox 9000
Farmingdale, NY 11735
Telephone 1-866-746-1144
efile@collectlaw.com
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FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023
DISCOVERIT® CHROMECARDENDINGIN3373
CARDMEMBERSINCE2021
ACCount 12/0s/2022-12/30/2022 Payment Information
Summary
Previous Balance $1,697.14 New Balance Minimum Payment Payment Due Date
Payments and Credits -$1,697.14
50.00 S393.00 01/25/2023
Purchases +$0.00
Balance Transfers +$0.00 Late Payment Warning: If we do not receive your minimum payment by the date
Cash Advances +$0.00 listed above, you may have to pay a late fee of up to $41.00.
Fees Charged +$0.00
Interest Charged +$0.00
New BalanCe: $0.00
See Interest Charge Calculation section followingthe Feesand
Interest Charged section for detailed APR information
Credit Line $1,800
Credit Line Available $0
Cash Advance Credit Line $50
Cash Advance Credit Line Available $0
Your FICO®Score is unavailable. Log in at Discover.com/FICO or
contact us at 1-800-347-2683 to learn more.
New York Residents: For more information call us at 1-800-
347-2683. You may contact the New York State Department of
Financial Services at 1-800-342-3736 or visit www.dfs.ny.gov for
free information on comparative credit card rates, fees and grace
periods.
Notice: Seereverseside for important information
Payment Coupon ACCOUNTNUMBERENDINGIN 3373
Detachat perforation above and return with check payable to New Balance 50.00
Discover.Do not fold, clip, staple or send cash.
Minimum Payment Due S393.00
Payment Due Date 01/25/2023
AmOunt Enclosed S
RACHEL E DEBRUYN For a faster, easier Discover.com 1-800-347-2683
29 MAIN ST UPPR way to pay.·· See reversefor payment cut off times.
ATTICA NY 14011-1073
PO BOX 6103
CAROL STREAM IL 60197-6103
New address, email or phone? Please update on reverse.
000001986453775495424000000000000000039300
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FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023
DISCOVERIT® CHROMECARDENDINGIN3373 Page2 of 4
RACHELE DEBRUYN OPENTOCLOSEDATE:12/05/2022 -12/30/2022
important Information Minimum PaymentDue, (iii) statement Minimum PaymentDueplus a fixed dollar
amount"
Seeyour CardmemberAgreement.Your CardmemberAgreementcontains all the amount, or (iv) other dollar amount. If your scheduled "Other dollar
terms of your Account. payment is not enoughto cover the Minimum PaymentDueas listed on your monthly
billingstatement, your scheduled paymentfor that month will be increasedto cover
I.ost or Stolen Cards.Reportimmediately! Call 1-800-347-2683. the Minimum PaymentDue. If the scheduled payment is greaterthan the Minimum
PaymentDue, any excesswill be applied in accordancewith your Cardmember
What To DolfYouThinkYou FindAMistakeOn YourStatement: Ifyou think there is Agreement.Ifyour scheduled payment is greaterthan the NewBalanceon your billing
an error on your statement, write to us at Discover, POBox 30421, Salt LakeCity, UT statement, that paymentwill be processed only for the amount of your NewBalance.
84130-0421, or submit the form provided at https://discover.com/billingerrornotice. Yourautomatic payment amount may be less than the amount indicated on the billing
You must contact us within 60 days after the error appeared on your statement. You statement based on credits or paymentsafter the CloseDate.
may call us, but if you do we are not required to investigate any potentiat errors, and
you may have to pay the amountin question. The Billing RightsNotice further Ifyou enroll by phone in our automatic payment service, please fill-in the following
explains your rights. Pleasesee your CardmemberAgreementor visit blanks below and retain the authorization for your records.
https://discover.com/billingrights for a copy of this Notice.
Amount
Payments.You maypay all or part of your Account balance at any time. However,you O Full Pay O Min Pay
must pay at least the Minimum PaymentDue by the PaymentDueDate. Send only O Min Pay+$ O OtherAmount $
your allowable form of payment ( Payment ) and the bottom portion of this statement
in the envelope provided, after affixing postage. Paymentssent without proper Bank Routing#
postagewill be returned to the sender. Ifyou pay by check, you authorize us to use BankAccount #
information on your check to makean electronic fund transfer from your account at Monthly on theOPayment Due Date, or O Dayof the month (INSERTDATE)
the financiatinstitution indicated on your check or to processthe paymentas a check
transaction.lf a Paymentis processedas an electronic fund transfer, the transferwill Credit Reporting. Credit Reporting.We may report information aboutyour Account to
be for the amount of the check, funds may be withdrawn from your account as soon credit bureaus. Late payments, missed payments, or other defaults on your Account
as the same day we receiveyour check, and you will not receiveyour check back. may be reflected in your credit report. We normally report the status and payment
Pleasedonatsendcash. Sending cash is not allowed. The processing of your history of your Accountto credit reporting agencieseach month. If you believethat
our report is inaccurate or incomplete, please write us at this address: Discover, PO
allowable form of Paymentmay be delayed if you send cash or correspondencewith
Box 30939, Salt LakeCity, UT84130-0939. Pleasemclude your name, address,
your Payments,if you send the Paymentto any other address, or if you use an home telephone number and Account number.
envelopeother than the one provided. Paymentsreceived at our processing facility
by 5PMlocat time on any day will be credited to your Account as of that day. Paying Interest. Yourdue date is at least 25 days after the close of each billing period
Paymentsreceivedat our processing facility after 5PMlocal time will be credited to (at least 23 days for billing periods that begin in February).Wewill begin charging
your Account as of the next day. If you have misplaced your envelope, send your interest on CashAdvancesand BalanceTransfersas of the later of the Transaction
Paymentto Discover, POBox 6103, Carol Stream, IL60197-6103. Pleaseallow 7-10 Dateor the first day of the billing period in which the transaction posted to your
days for delivery. If your Paymentis returned unpaid, we reservethe r ght to resubmit Account. If you pay the NewBalanceon your current billing statement by the Payment
it as an electronic debit. Payments made online or by phone before Midnight Eastern Due Dateshown on that billingstatement, we will not impose interest chargeson
Time on any dayexcept your Statement Closing Datewilt be credited as of the same New Purchases.NewPurchasesare Purchasesthat first appear on the next billing
day; on your Statement Closing Date, online and phone payments must be made statement. Interest willcontinue to accrue each day on purchasesthat appearedon
before 5:00 PM EasternTime to be credited as of that day. previous billing statements until you pay the NewBalancein full and will be billed in
Youcan also makea Paymentor set up automatic payments by calling1-800-347- the next billing cycle.
2683. Automatic paymentsfor the billing period shown on your statement will be. HowWeCalculateInterest Charges.WeUsethe Daily BalanceMethod (including
deducted on the PaymentDueDate shown on that statement, or the next automatic current transactions) to calculate the BalanceSubjectto Interest Rate.Formore
payment date referredto on your statement, unless you request a recurnng payment information, please call us at 1-800-347-2683.
date that occurs before your PaymentDueDate. In order to schedule monthly
payments by telephone, you will need this statement and your bank account BalanceSubject To Interest Rate.Your statement shows a BalanceSubject to Interest
information.You will be asked to provide the last four (4) digits of the social security Rate.It shows this for eachtransaction category.The BalanceSubject to Interest Rate
number of the primary borrower as your electronic signature. By providing those is the averageof the daily balances during the billing period.
numbers, you will be agreeingto this authorization to allow us and your bank to
deduct each paymentyou authorize, in the amount selected by you, from your bank Credit Balances.If your Account has a credit balance, the amountis shown on the
account. Youalso authorize us to initiate debit or credit entries to your bank account, front ofyour billing statement.A credit balance is money that is owed to you. You may
as applicable, to correct an error in the processing of such payment. You can cancel make chargesagainst this amount ifyour Account is open. Wewill send you a refund
or modify a payment from your bank account until 5:00 PMEastemTimeon the day of any remainingbalance of $1.00 or more after6 months, or as otherwise required
such payment is scheduled by calling 1-800-347-2683 or by mailat Discover, POBox by applicable law, or upon request made to the address in the ContactUs section on
30421, Salt LakeCity, UT84130-0421. Sameday online or phone payments from page 3 ofyour billing statement.
bank account made after 5:00 PMEastemTime may be modified before Midnight
EasternTimeof that day. Paymentsfrom CashbackBonus cannot be modified or BalanceTransfers.BalanceTransfersareoffered at our discretion and accrueinterest
cancelled after being made or scheduled. at the standard purchase rate unless we tell you otherwise.
If your payments mayvary in amount, we will tell you on each monthly billing Discover may monitor and/or record telephone calls betweenyou and Discover
statement when your payment will be madeand how much it will be. You must ensure representativesfor quality assurancepurposes.
that sufficient funds are available in your bank account, and all transactions must
Send inquiries to Discover, POBox 30943, Salt LakeCity, UT84130
comply with U.S.law.
Youcan set up automatic paymentsfor: (i) statement New Balance,(ii) statement The Discover®card is issued by Discover Bank, Member FDIC.
DIT23-27.0420
Change of Address
if correct on front, do not use.Tomakechangesto your address, email or telephone number, please print clearly in blue or black ink, in the space providedor visit Discover.com.
StreetAddress HomePhone
WorkPhone
City Email
State,Zip
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FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023
ONLINE PHONE PAYMENTS Page3 of 4
Discover.com or 1-800-347-2683 Discover DISCOVERIT® CHROMECARDENDINGIN3373
download our app TDD 1-800-347-7449 POBox 6103 OPENTOCLOSEDATE:12/05/2022 - 12/30/2022
Carol Stream
IL 60197-6103
Bonus®
Transactions Cashback Rewards
TRANS, PREVIOUS BALANCE $0.00
DATE PAYMENTSAND CREDITS AMOUNT
EARNED THIS PERIOD +$0.00
12/12 INTERNET PAYMENT- THANK YOU -$1,697.14 REDEEMED THIS PERIOD -$0.00
12/15 REPRESENTEDINTERNET PAYMENT - THANK YOU -$1,697.14
12/15 RETURNED INTERNET PMT $1,697.14 CASHBACK BONUS BALANCE $0.00
12/20 RETURNED INTERNET PMT $1,697.14
12/29 CHARGE OFFACCOUNT-PRINCIPALS -$1,697.14
Fees and Interest Charged
TOTAL FEES FOR THIS PERIOD $0.00
TOTAL INTEREST FOR THIS PERIOD $0.00
2022 TOTALSYEAR-TO-DATECHARGED AMOUNT
TOTALFEESCHARGEDIN 2022 $329.00
TOTALINTERESTCHARGEDIN 2022 $319.17
Interest Charge Calculation
Your Annual Percentage Rate (APR)is the annuat interest rate on your account.
CURRENTBILLINGPERIOD:26 DAYS
PROMO BALANCESUBJECT INTEREST
APR* EXPIRES**
TYPEOFBALANCE APR TOINTERESTRATE CHARGE
Purchases 1.99% *** $0.00 $0.00
Cash Advances 1.99% *** $0.00 $0.00
V = VARIABLE
RATE
* If your account is
currently enrolled in a special programor is placed into one during the term of the offer, you will
receivethe benefit of the lower rate while the special programis in effect. This includes, if applicable, any lower
rates as authorized under the ServicemembersCivil ReliefAct.
** This is the date your promotionalrate expires and the
remaining balancewill be moved to your standard APR
disclosed when you accepted the offer. Pleasenote: Changingyour payment due date may changeyour PromoAPR
ExpirationDate.
*** Formore
information, please call us at 1-800-347-2683.
Information For You
Availability of FICO® Credit Score
As an active cardmember, you may see your FICO®Credit Score on your monthly statement or online. Reasons why you may not see your FICO®Credit Score
include: if you opt out; if you have key information that is mismatched or missing, as one example, an address change that has not been updated with Discover
or TransUnion; if your credit history is too new; if your account status is abandoned, bankrupt, fraud, lost or stolen, closed, revoked, or charged off; if you have a
foreign address. Your FICO®Score is disclosed on statements when your statement is available. You may not receive a statement if you have no account activity
such as no purchase transactions,fees, interest, or payments for approximately 30 days.
FICOis a registered trademark of Fair Isaac Corporation in the United States and other countries.
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FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023
DISCOVERIT® CHROMECARDENDINGIN3373 Page4 of 4
RACHELE DEBRUYN OPENTOCLOSEDATE:12/05/2022 -12/30/2022
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Preview
FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK CONSUMER CREDIT TRANSACTION COUNTY OF WYOMING Our File No. DC46813 Court Index No. DISCOVER BANK Date Purchased: SUMMONS Plaintiff's address: Plaintiff 6500 NEW ALBANY RD E -against- NEW OHIO 43054 ALBANY, IIIIIIIIIIIIIIIIIII Rachel E Debruyn IIIMHllMIIIIH Defendant (s) IIIIIHHIIIIIIIIIIHIIH IHNIMI|IH The basis of venue is: The defendant(s) reside in the State of New York, County of WYOMING To the above named defendant (s): PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to answer the complaint of the Plaintiff herein and to serve a copy of your answer on the Plaintiff at the address indicated below within 20 days after service of this Summons (not counting the date of service itself), or within 30 days after service is complete if the Summons is not delivered personally to you within the State of New York. YOU ARE 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: November 20, 2023 KI S ENBAUM & PHILLIPS, P.C. Att r s for Plaintiff BY J A SZYMANSKA 40 Da iel Street, Suite 7 P.O. x 9000 Farmingdale, NY 11735-9000 1-866-746-1144 Defendant (s) Address: 29 Main St Uppr Attica NY 14011-1073 WE ARE DEBT COLLECTORS-THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W1LL BE USED FOR THAT PURPOSE. 1 of 7 FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK Our File No. DC46813 RECEIVED NYSCEF: 11/28/2023 COUNTY OF WYOMING DISCOVER BANK Court Index No. Plaintiff COMPLAINT -against- ************3373 Rachel E Debruyn Defendant (s) Plaintiff, by its attomeys, complaining of the defendant(s), respectfully alleges: 1. Plaintiff is a corporation authorized to do business in the State of New York. Under present rules plaintiff is not required to be licensed as a debt collector by the New York City Department of Consumer Affairs. 2. That the defendant(s) resides in the county in which this action is brought. 3. Upon information and belief the causes of action asserted herein are not outside the applicable statute of limitations. FOR A FIRST CAUSE OF ACTION 4. The defendant(s) heretofore entered into a credit card agreement with the Plaintiff, original creditor, DISCOVER BANK, where the original account number ended in *****-3373. 5. Under the terms of the agreement the defendant(s) were authorized to, and did make, charges, purchases and/or obtained cash advances and were obligated to repay the same together with applicable interest. 6. The defendant('s') last payment on the instant account was received on or about June 4, 2022 in the amount of $50.00. 7. The account balance printed on the most recent monthly statement recording a purchase transaction, last payment or balance transfer was $1,401.65. 8. Defendant(s) defaulted in making additional payments as they became due leaving a final balance due and owing as of December 30, 2022 in the amount of $1,697.14, broken down as follows: Total amount due at charge-off: $1,697.14 Total interest since charge-off: $.00 Total non-interest charges since charge-off: $.00 Total payments/credits since charge-off: $63.40 9. Defendant(s) is/are liable to plaintiff as a result of defendant(s) breach of agreement. FOR A SECOND CAUSE OF ACTION 10. That heretofore, plaintiff, or the assignor, rendered to defendant(s) monthly, 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 defendant(s) without objection. 11. Upon information and belief, on or about December 30, 2022 a final statement of account was mailed to the defendant(s). 12. Defendant(s) is/are liable for an account stated for the amount claimed above. WHEREFORE, plaintiff demands j ent against defendant (s), for the sum of $1,633.74 together with costs, disbursements and statutory post judg t interest. November 20, 2023 KIRSCHENBAUM & PHILLIPS, P.C. Attorneys for Plaintiff JOLA SZYMANSKA 40 Daniel Street, Suite 7 P.O. Box 9000 Farmingdale, NY 11735-9000 2 of 7 FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No. COUNTY OF WYOMING Our File No. DC46813 X DISCOVER BANK Plaintiff, -against- Rachel E Debruyn Defendant(s), X NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk via the New York State Courts Electronic Filing System ("NYSCEF"), is subject to mandatory electronic filing pursuant to Section 202.5-bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. Counsel and/or parties must either: 1) immediately record their representation within the e-filed matter on the Consent/Represent page in NYSCEF; or 2) file the Notice of Opt-Out form to claim one of the limited exemptions from mandatory e-filing (see below). Failure to record representation may result in an inability to receive electronic notice of any document filings. Claiming an exemption will require the exempt party to serve and be served with hard copy documents. Counsel and unrepresented parties who intend to participate in e-filing must first create a NYSCEF account and obtain a user ID and password. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.qov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.qov: mailing address: 60 Centre Street, New York, New York 10007). Exemptions from mandatory e-filing (Section 202.5-bb(e)) are limited to: 1) attomeys who certify in good faith that they lack the computer hardware and/or scanner and/or intemet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements; and 2) parties who expect to represent themselves and who choose not to parti Lt in e-filing. (Such parties are encouraged to visit www.nycourthelp.qov or contact the Help Center in the court wher i . ction is pending.) Date: November 20, 2023 Rachel E Debruyn JOL SZYMANSKA 29 Main St Uppr KlR ENBAUM & PHILLIPS, P.C. Attica NY 14011-1073 40 iel Street, Suite 7 P.O. ox 9000 Farmingdale, NY 11735 Telephone 1-866-746-1144 efile@collectlaw.com 3 of 7 FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 DISCOVERIT® CHROMECARDENDINGIN3373 CARDMEMBERSINCE2021 ACCount 12/0s/2022-12/30/2022 Payment Information Summary Previous Balance $1,697.14 New Balance Minimum Payment Payment Due Date Payments and Credits -$1,697.14 50.00 S393.00 01/25/2023 Purchases +$0.00 Balance Transfers +$0.00 Late Payment Warning: If we do not receive your minimum payment by the date Cash Advances +$0.00 listed above, you may have to pay a late fee of up to $41.00. Fees Charged +$0.00 Interest Charged +$0.00 New BalanCe: $0.00 See Interest Charge Calculation section followingthe Feesand Interest Charged section for detailed APR information Credit Line $1,800 Credit Line Available $0 Cash Advance Credit Line $50 Cash Advance Credit Line Available $0 Your FICO®Score is unavailable. Log in at Discover.com/FICO or contact us at 1-800-347-2683 to learn more. New York Residents: For more information call us at 1-800- 347-2683. You may contact the New York State Department of Financial Services at 1-800-342-3736 or visit www.dfs.ny.gov for free information on comparative credit card rates, fees and grace periods. Notice: Seereverseside for important information Payment Coupon ACCOUNTNUMBERENDINGIN 3373 Detachat perforation above and return with check payable to New Balance 50.00 Discover.Do not fold, clip, staple or send cash. Minimum Payment Due S393.00 Payment Due Date 01/25/2023 AmOunt Enclosed S RACHEL E DEBRUYN For a faster, easier Discover.com 1-800-347-2683 29 MAIN ST UPPR way to pay.·· See reversefor payment cut off times. ATTICA NY 14011-1073 PO BOX 6103 CAROL STREAM IL 60197-6103 New address, email or phone? Please update on reverse. 000001986453775495424000000000000000039300 4 of 7 FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 DISCOVERIT® CHROMECARDENDINGIN3373 Page2 of 4 RACHELE DEBRUYN OPENTOCLOSEDATE:12/05/2022 -12/30/2022 important Information Minimum PaymentDue, (iii) statement Minimum PaymentDueplus a fixed dollar amount" Seeyour CardmemberAgreement.Your CardmemberAgreementcontains all the amount, or (iv) other dollar amount. If your scheduled "Other dollar terms of your Account. payment is not enoughto cover the Minimum PaymentDueas listed on your monthly billingstatement, your scheduled paymentfor that month will be increasedto cover I.ost or Stolen Cards.Reportimmediately! Call 1-800-347-2683. the Minimum PaymentDue. If the scheduled payment is greaterthan the Minimum PaymentDue, any excesswill be applied in accordancewith your Cardmember What To DolfYouThinkYou FindAMistakeOn YourStatement: Ifyou think there is Agreement.Ifyour scheduled payment is greaterthan the NewBalanceon your billing an error on your statement, write to us at Discover, POBox 30421, Salt LakeCity, UT statement, that paymentwill be processed only for the amount of your NewBalance. 84130-0421, or submit the form provided at https://discover.com/billingerrornotice. Yourautomatic payment amount may be less than the amount indicated on the billing You must contact us within 60 days after the error appeared on your statement. You statement based on credits or paymentsafter the CloseDate. may call us, but if you do we are not required to investigate any potentiat errors, and you may have to pay the amountin question. The Billing RightsNotice further Ifyou enroll by phone in our automatic payment service, please fill-in the following explains your rights. Pleasesee your CardmemberAgreementor visit blanks below and retain the authorization for your records. https://discover.com/billingrights for a copy of this Notice. Amount Payments.You maypay all or part of your Account balance at any time. However,you O Full Pay O Min Pay must pay at least the Minimum PaymentDue by the PaymentDueDate. Send only O Min Pay+$ O OtherAmount $ your allowable form of payment ( Payment ) and the bottom portion of this statement in the envelope provided, after affixing postage. Paymentssent without proper Bank Routing# postagewill be returned to the sender. Ifyou pay by check, you authorize us to use BankAccount # information on your check to makean electronic fund transfer from your account at Monthly on theOPayment Due Date, or O Dayof the month (INSERTDATE) the financiatinstitution indicated on your check or to processthe paymentas a check transaction.lf a Paymentis processedas an electronic fund transfer, the transferwill Credit Reporting. Credit Reporting.We may report information aboutyour Account to be for the amount of the check, funds may be withdrawn from your account as soon credit bureaus. Late payments, missed payments, or other defaults on your Account as the same day we receiveyour check, and you will not receiveyour check back. may be reflected in your credit report. We normally report the status and payment Pleasedonatsendcash. Sending cash is not allowed. The processing of your history of your Accountto credit reporting agencieseach month. If you believethat our report is inaccurate or incomplete, please write us at this address: Discover, PO allowable form of Paymentmay be delayed if you send cash or correspondencewith Box 30939, Salt LakeCity, UT84130-0939. Pleasemclude your name, address, your Payments,if you send the Paymentto any other address, or if you use an home telephone number and Account number. envelopeother than the one provided. Paymentsreceived at our processing facility by 5PMlocat time on any day will be credited to your Account as of that day. Paying Interest. Yourdue date is at least 25 days after the close of each billing period Paymentsreceivedat our processing facility after 5PMlocal time will be credited to (at least 23 days for billing periods that begin in February).Wewill begin charging your Account as of the next day. If you have misplaced your envelope, send your interest on CashAdvancesand BalanceTransfersas of the later of the Transaction Paymentto Discover, POBox 6103, Carol Stream, IL60197-6103. Pleaseallow 7-10 Dateor the first day of the billing period in which the transaction posted to your days for delivery. If your Paymentis returned unpaid, we reservethe r ght to resubmit Account. If you pay the NewBalanceon your current billing statement by the Payment it as an electronic debit. Payments made online or by phone before Midnight Eastern Due Dateshown on that billingstatement, we will not impose interest chargeson Time on any dayexcept your Statement Closing Datewilt be credited as of the same New Purchases.NewPurchasesare Purchasesthat first appear on the next billing day; on your Statement Closing Date, online and phone payments must be made statement. Interest willcontinue to accrue each day on purchasesthat appearedon before 5:00 PM EasternTime to be credited as of that day. previous billing statements until you pay the NewBalancein full and will be billed in Youcan also makea Paymentor set up automatic payments by calling1-800-347- the next billing cycle. 2683. Automatic paymentsfor the billing period shown on your statement will be. HowWeCalculateInterest Charges.WeUsethe Daily BalanceMethod (including deducted on the PaymentDueDate shown on that statement, or the next automatic current transactions) to calculate the BalanceSubjectto Interest Rate.Formore payment date referredto on your statement, unless you request a recurnng payment information, please call us at 1-800-347-2683. date that occurs before your PaymentDueDate. In order to schedule monthly payments by telephone, you will need this statement and your bank account BalanceSubject To Interest Rate.Your statement shows a BalanceSubject to Interest information.You will be asked to provide the last four (4) digits of the social security Rate.It shows this for eachtransaction category.The BalanceSubject to Interest Rate number of the primary borrower as your electronic signature. By providing those is the averageof the daily balances during the billing period. numbers, you will be agreeingto this authorization to allow us and your bank to deduct each paymentyou authorize, in the amount selected by you, from your bank Credit Balances.If your Account has a credit balance, the amountis shown on the account. Youalso authorize us to initiate debit or credit entries to your bank account, front ofyour billing statement.A credit balance is money that is owed to you. You may as applicable, to correct an error in the processing of such payment. You can cancel make chargesagainst this amount ifyour Account is open. Wewill send you a refund or modify a payment from your bank account until 5:00 PMEastemTimeon the day of any remainingbalance of $1.00 or more after6 months, or as otherwise required such payment is scheduled by calling 1-800-347-2683 or by mailat Discover, POBox by applicable law, or upon request made to the address in the ContactUs section on 30421, Salt LakeCity, UT84130-0421. Sameday online or phone payments from page 3 ofyour billing statement. bank account made after 5:00 PMEastemTime may be modified before Midnight EasternTimeof that day. Paymentsfrom CashbackBonus cannot be modified or BalanceTransfers.BalanceTransfersareoffered at our discretion and accrueinterest cancelled after being made or scheduled. at the standard purchase rate unless we tell you otherwise. If your payments mayvary in amount, we will tell you on each monthly billing Discover may monitor and/or record telephone calls betweenyou and Discover statement when your payment will be madeand how much it will be. You must ensure representativesfor quality assurancepurposes. that sufficient funds are available in your bank account, and all transactions must Send inquiries to Discover, POBox 30943, Salt LakeCity, UT84130 comply with U.S.law. Youcan set up automatic paymentsfor: (i) statement New Balance,(ii) statement The Discover®card is issued by Discover Bank, Member FDIC. DIT23-27.0420 Change of Address if correct on front, do not use.Tomakechangesto your address, email or telephone number, please print clearly in blue or black ink, in the space providedor visit Discover.com. StreetAddress HomePhone WorkPhone City Email State,Zip 5 of 7 FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 ONLINE PHONE PAYMENTS Page3 of 4 Discover.com or 1-800-347-2683 Discover DISCOVERIT® CHROMECARDENDINGIN3373 download our app TDD 1-800-347-7449 POBox 6103 OPENTOCLOSEDATE:12/05/2022 - 12/30/2022 Carol Stream IL 60197-6103 Bonus® Transactions Cashback Rewards TRANS, PREVIOUS BALANCE $0.00 DATE PAYMENTSAND CREDITS AMOUNT EARNED THIS PERIOD +$0.00 12/12 INTERNET PAYMENT- THANK YOU -$1,697.14 REDEEMED THIS PERIOD -$0.00 12/15 REPRESENTEDINTERNET PAYMENT - THANK YOU -$1,697.14 12/15 RETURNED INTERNET PMT $1,697.14 CASHBACK BONUS BALANCE $0.00 12/20 RETURNED INTERNET PMT $1,697.14 12/29 CHARGE OFFACCOUNT-PRINCIPALS -$1,697.14 Fees and Interest Charged TOTAL FEES FOR THIS PERIOD $0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 2022 TOTALSYEAR-TO-DATECHARGED AMOUNT TOTALFEESCHARGEDIN 2022 $329.00 TOTALINTERESTCHARGEDIN 2022 $319.17 Interest Charge Calculation Your Annual Percentage Rate (APR)is the annuat interest rate on your account. CURRENTBILLINGPERIOD:26 DAYS PROMO BALANCESUBJECT INTEREST APR* EXPIRES** TYPEOFBALANCE APR TOINTERESTRATE CHARGE Purchases 1.99% *** $0.00 $0.00 Cash Advances 1.99% *** $0.00 $0.00 V = VARIABLE RATE * If your account is currently enrolled in a special programor is placed into one during the term of the offer, you will receivethe benefit of the lower rate while the special programis in effect. This includes, if applicable, any lower rates as authorized under the ServicemembersCivil ReliefAct. ** This is the date your promotionalrate expires and the remaining balancewill be moved to your standard APR disclosed when you accepted the offer. Pleasenote: Changingyour payment due date may changeyour PromoAPR ExpirationDate. *** Formore information, please call us at 1-800-347-2683. Information For You Availability of FICO® Credit Score As an active cardmember, you may see your FICO®Credit Score on your monthly statement or online. Reasons why you may not see your FICO®Credit Score include: if you opt out; if you have key information that is mismatched or missing, as one example, an address change that has not been updated with Discover or TransUnion; if your credit history is too new; if your account status is abandoned, bankrupt, fraud, lost or stolen, closed, revoked, or charged off; if you have a foreign address. Your FICO®Score is disclosed on statements when your statement is available. You may not receive a statement if you have no account activity such as no purchase transactions,fees, interest, or payments for approximately 30 days. FICOis a registered trademark of Fair Isaac Corporation in the United States and other countries. 6 of 7 FILED: WYOMING COUNTY CLERK 11/28/2023 04:09 PM INDEX NO. 9001825 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/28/2023 DISCOVERIT® CHROMECARDENDINGIN3373 Page4 of 4 RACHELE DEBRUYN OPENTOCLOSEDATE:12/05/2022 -12/30/2022 7 of 7