On September 05, 2019 a
Complaint,Petition
was filed
involving a dispute between
Discover Bank,
and
Michael L Petchenik,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Chenango County.
Preview
FILED: CHENANGO COUNTY CLERK 09/05/2019 01:21 PM INDEX NO. 2019-5437
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V
09/05/2019 V
COUNTY OF CHENANGO SUMMONS
------------------------------------------------
DISCOVER BANK PLAINTIFF'S ADDRESS
PLAINTIFF, C/O DISCOVER PRODUCTS INC.
6500 NEW ALBANY ROAD
- AGAINST - NEW ALBANY, OH 43054
DEFENDANT'S ADDRESSES
MICHAEL L PETCHENIK 192 OAK HILL RD
DEFENDANT(S). AFTON NY 13730-2143
------------------------------------------------
CONSUMER CREDIT TRANSACTION
THE BASIS OF THE VENUE IS:
A DEFENDANT RESIDES IN THE COUNTY OF CHENANGO
THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHENANGO
TO THE ABOVE NAMED DEFENDANT(S): MICHAEL L PETCHENIK
YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO
SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN
20 DAYS AFTER THE SERVICE OF THIS SUMMONS, EXCLUSIVE OF THE DAY 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).
UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE
RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF
THIS ACTION, AND TOGETHER WITH POST-JUDGMENT INTEREST FROM THE DATE OF
JUDGMENT, ON THE PRINCIPAL BALANCE, AT THE STATUTORY RATE.
DATED THE 29 DAY OF AUGUST , 2019
FORSTER & GARBUS LLP
FILE NO. ATTORNEY(S) FOR PLAINTIFF
114XXXXXXXX0031 60 MOTOR PARKWAY
COMMACK, NY 11725
ORIG ACCT# END IN: 0031 (631) 393-9400
NOTE: THE LAW PROVIDES THAT:
(A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN
THE COUNTY OF CHENANGO YOU MUST APPEAR AND 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 COUNTY OF CHENANGO , OR BY PUBLI-
CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE
COUNTY OF CHENANGO YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE
WITHIN WHICH TO APPEAR AND ANSWER.
1 of 2
FILED: CHENANGO COUNTY CLERK 09/05/2019 01:21 PM INDEX NO. 2019-5437
SUPREME
NYSCEF DOC. COURT
NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 09/05/2019
COUNTY OF CHENANGO FORMAL COMPLAINT
------------------------------------------------
DISCOVER BANK
PLAINTIFF,
- AGAINST -
MICHAEL L PETCHENIK
DEFENDANT(S).
------------------------------------------------
PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON
INFORMATION AND BELIEF, ALLEGES:
1. 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 HIS AGENT AND THAT
THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION
2.ON INFORMATION AND BELIEF DEFENDANT IN PERSON OR BY AGENT MADE CREDIT CARD
PURCHASES AND/OR TOOK MONEY ADVANCES UNDER A CREDIT AGREEMENT -
AT DEFENDANTS REQUEST; A COPY OF WHICH AGREEMENT WAS FURNISHED TO
DEFENDANT AT THE TIME THE ACCOUNT WAS OPENED.
3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 7,156.16
4. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE.
5. PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION
BY DEFENDANT.
6. PLAINTIFF IS A FOREIGN CORPORATION.
2ND CAUSE/ACTION:PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION
THAT THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN
THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED.
WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF
7,156.16
TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION, AND TOGETHER WITH POST-
JUDGMENT INTEREST FROM THE DATE OF JUDGMENT, ON THE PRINCIPAL BALANCE,
AT THE STATUTORY RATE.
WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP
INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF
IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY
COMMACK, NY 11725
DATED: THE 29 DAY OF AUGUST , 2019
_____________________________________________________
VALERIE E. WATTS MICHAEL DIGIARO TESS E. GUNTHER TARAH JORDAN
PURSUANT TO PART 130-1.1-a OF THE RULES OF THE
CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES
TO THE ATTACHED SUMMONS AND COMPLAINT
114XXXXXXXX0031 2 of 2
Document Filed Date
September 05, 2019
Case Filing Date
September 05, 2019
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: CHENANGO COUNTY CLERK 09/05/2019 01:21 PM INDEX NO. 2019-5437 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK INDEX # RECEIVED NYSCEF: V 09/05/2019 V COUNTY OF CHENANGO SUMMONS ------------------------------------------------ DISCOVER BANK PLAINTIFF'S ADDRESS PLAINTIFF, C/O DISCOVER PRODUCTS INC. 6500 NEW ALBANY ROAD - AGAINST - NEW ALBANY, OH 43054 DEFENDANT'S ADDRESSES MICHAEL L PETCHENIK 192 OAK HILL RD DEFENDANT(S). AFTON NY 13730-2143 ------------------------------------------------ CONSUMER CREDIT TRANSACTION THE BASIS OF THE VENUE IS: A DEFENDANT RESIDES IN THE COUNTY OF CHENANGO THE TRANSACTION TOOK PLACE IN THE COUNTY OF CHENANGO TO THE ABOVE NAMED DEFENDANT(S): MICHAEL L PETCHENIK YOU ARE HEREBY SUMMONED TO ANSWER THE COMPLAINT IN THIS ACTION AND TO SERVE A COPY OF YOUR ANSWER ON THE PLAINTIFF'S ATTORNEY(S) WITHIN 20 DAYS AFTER THE SERVICE OF THIS SUMMONS, EXCLUSIVE OF THE DAY 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). UPON YOUR FAILURE TO ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT, TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION, AND TOGETHER WITH POST-JUDGMENT INTEREST FROM THE DATE OF JUDGMENT, ON THE PRINCIPAL BALANCE, AT THE STATUTORY RATE. DATED THE 29 DAY OF AUGUST , 2019 FORSTER & GARBUS LLP FILE NO. ATTORNEY(S) FOR PLAINTIFF 114XXXXXXXX0031 60 MOTOR PARKWAY COMMACK, NY 11725 ORIG ACCT# END IN: 0031 (631) 393-9400 NOTE: THE LAW PROVIDES THAT: (A) IF THIS SUMMONS IS SERVED BY ITS DELIVERY TO YOU PERSONALLY WITHIN THE COUNTY OF CHENANGO YOU MUST APPEAR AND 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 COUNTY OF CHENANGO , OR BY PUBLI- CATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF CHENANGO YOU ARE ALLOWED 30 DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO APPEAR AND ANSWER. 1 of 2 FILED: CHENANGO COUNTY CLERK 09/05/2019 01:21 PM INDEX NO. 2019-5437 SUPREME NYSCEF DOC. COURT NO. 1 OF THE STATE OF NEW YORK RECEIVED NYSCEF: 09/05/2019 COUNTY OF CHENANGO FORMAL COMPLAINT ------------------------------------------------ DISCOVER BANK PLAINTIFF, - AGAINST - MICHAEL L PETCHENIK DEFENDANT(S). ------------------------------------------------ PLAINTIFF, BY ITS ATTORNEY(S), COMPLAINING OF THE DEFENDANT(S), UPON INFORMATION AND BELIEF, ALLEGES: 1. 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 HIS AGENT AND THAT THE INSTANT CAUSE OF ACTION AROSE OUT OF SAID TRANSACTION 2.ON INFORMATION AND BELIEF DEFENDANT IN PERSON OR BY AGENT MADE CREDIT CARD PURCHASES AND/OR TOOK MONEY ADVANCES UNDER A CREDIT AGREEMENT - AT DEFENDANTS REQUEST; A COPY OF WHICH AGREEMENT WAS FURNISHED TO DEFENDANT AT THE TIME THE ACCOUNT WAS OPENED. 3. THERE REMAINS AN AGREED BALANCE ON SAID ACCOUNT OF $ 7,156.16 4. DEFENDANT(S) IS IN DEFAULT AND DEMAND FOR PAYMENT HAS BEEN MADE. 5. PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION BY DEFENDANT. 6. PLAINTIFF IS A FOREIGN CORPORATION. 2ND CAUSE/ACTION:PLAINTIFF STATED AN ACCOUNT TO DEFENDANT WITHOUT OBJECTION THAT THERE IS NOW DUE PLAINTIFF FROM DEFENDANT(S) THE AMOUNT SET FORTH IN THE COMPLAINT, NO PART OF WHICH HAS BEEN PAID, ALTHOUGH DULY DEMANDED. WHEREFORE, PLAINTIFF DEMANDS JUDGMENT AGAINST DEFENDANT(S) FOR THE SUM OF 7,156.16 TOGETHER WITH THE DISBURSEMENTS OF THIS ACTION, AND TOGETHER WITH POST- JUDGMENT INTEREST FROM THE DATE OF JUDGMENT, ON THE PRINCIPAL BALANCE, AT THE STATUTORY RATE. WE ARE DEBT COLLECTORS; ANY FORSTER & GARBUS LLP INFORMATION OBTAINED WILL BE USED ATTORNEY(S) FOR PLAINTIFF IN ATTEMPTING TO COLLECT THIS DEBT. 60 MOTOR PARKWAY COMMACK, NY 11725 DATED: THE 29 DAY OF AUGUST , 2019 _____________________________________________________ VALERIE E. WATTS MICHAEL DIGIARO TESS E. GUNTHER TARAH JORDAN PURSUANT TO PART 130-1.1-a OF THE RULES OF THE CHIEF ADMINISTRATOR THIS SIGNATURE APPLIES TO THE ATTACHED SUMMONS AND COMPLAINT 114XXXXXXXX0031 2 of 2