On August 13, 2019 a
Complaint,Petition
was filed
involving a dispute between
Faxton St. Lukes Healthcare,
and
Mark Kowalski,
for Commercial - Contract
in the District Court of Oneida County.
Preview
FILED: ONEIDA COUNTY CLERK 08/13/2019 11:45 AM INDEX NO. EFCA2019-002210
NYSCEF DOC. SUPREME
NO. 1 COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 08/13/2019
COUNTY OF ONElDA
FAXTON ST. LUKES HEALTHCARE
PO BOX 4849
UTICA, NY 13504
SUMMONS
Piaintiff,
Index No.
Date Filed
MARK KOWALSKI
Defendant(s).
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 plaintiff's
attorneys within twenty days after service of this summons, exclusive of the
day of service, or thirtydays after service iscompleted if this
summons is not personally delivered to you
within the State of New York. Upon your failure to answer, a judgment will be entered against you by
default for the reliefdemanded in the complaint.
The basis of venue isthat the defendant reside(s) in the County of ONElDA.
Brian S. Str
OVERTON RUSSELL, DO RR AND DONOVAN, LLP
Attorneys fo e Plain
19 Executive Par r,
CliftonPark, New York 12065
(518) 383-4876
FOR PROCESS SERVER ONLY
DEFENDANT 1: DEFENDANT 2:
MARK KOWALSKI
5837 COOPER ST
VERNON, NY 13476
EMPLOYMENT: EMPLOYMENT:
MCK GENERAL CONTRACTING
5837 COOPER ST
ORISKANY, NY 13476
NOTICE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
5078634001
Filed In Oneida Clerks Office 8/13/2019 1 of
11:45:00 3 AM Index # EFCA2019-002210
County
FILED: ONEIDA COUNTY CLERK 08/13/2019 11:45 AM INDEX NO. EFCA2019-002210
NYSCEF DOC. SUPREME
NO. 1 COURT OF THE STATE OF NEW YORK . RECEIVED NYSCEF: 08/13/2019
COUNTY OF ONEIDA
FAXTON ST. LUKES HEALTHCARE
VERIFIED
Plaintiff, COMPLAINT
Index No.
MARK KOWALSKI Defendant(s).
The alleges:
plaintiff
1. The Plaintiffis a damêstic córpcration authcrized to establish and maintain a hcapital to
render hospitai and medical services.
2. Upon information and belief,defêñdañt resides, or the transaction took place in the
COUNTY inwhich thisaction was commenced and the defendant resides at the address set forth
above, such address being the address of the defendant last known to the plaintiff
and/or the
address provided to the plaintiff
by the defendant at the time services were rendered.
3. From August 2,2018 to September 13, 2018, the at
plaintiff, the express or implied request
of thedefendant, rendered hospital and/or medical services to the defendant, or individuals for
whom the defendant isfinancially responsible.
4. Upon information and belief,the plaintiffsent the defendant numerous billingstatsmants to
the address provided at the time services were rêñdered or the last known address and before the
account came to counsel's officefor collections. Additionally, counsel's office also sent written
ccriesp0ñdéñce to the defendant, at the lastknown address or the address provided to the plaintiff,
and before commenciñg this lawsuit. Although due demand has been made, the defendant has
failed to pay the fullamount due forservices rendered by the plaintiff.
5. The reasonable value and agreed price of such services that remains unpaid is $2,744.37.
WHEREFORE , the plaintiffdemands judgment against the defendant in the sum of
$2,744.37 with interest from September 13, 2018, plus the costs and disbursements of the action
and for such other, further or different reliefas to this Court may deem just.
OVERTON, USSELL ERR AND DONOVAN, LLP
Attorneys for t e aintiff
19 Executive Park Dr.
Clifton Park, New York 12065
(518) 383-4876
NOTICE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
2 of 3
FILED: ONEIDA COUNTY CLERK 08/13/2019 11:45 AM INDEX NO. EFCA2019-002210
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2019
SVC-H-3 (81)
SUPREME COURT OF THE STATE OF NEW YORK :
: ss. :
COUNTY OF ONEIDA
FAXTON ST. LUKES HEALTHCARE
PO BOX 4849
UTICA, NY 13504
Plaintiff,
VERIFICATION
MARK KOWALSKI Defendant(s).
The undersigned, being duly sworn, deposes and says:
1. I am an officeror agent of the plaintiff,which isa domestic corporation authorized to establish
and maintain a hospital to render hospital and medical services..
2. I have read the foregoing complaint and the same istrue to my knowledge, except those
matters alleged upon information and belief,and as to those matters, I believe it tobe true.
3. The grounds of my belief as to allmatters not stated upon my knowledge are the plaintiffs
business records.
KATl-IY WENGd T
DIR OF PATIENT ACCOUNTING
Sworn to before me this
day of ,20
5078634001
Nota Publ c
N s
STROHL
3 of 3
Document Filed Date
August 13, 2019
Case Filing Date
August 13, 2019
Category
Commercial - Contract
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FILED: ONEIDA COUNTY CLERK 08/13/2019 11:45 AM INDEX NO. EFCA2019-002210 NYSCEF DOC. SUPREME NO. 1 COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 08/13/2019 COUNTY OF ONElDA FAXTON ST. LUKES HEALTHCARE PO BOX 4849 UTICA, NY 13504 SUMMONS Piaintiff, Index No. Date Filed MARK KOWALSKI Defendant(s). 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 plaintiff's attorneys within twenty days after service of this summons, exclusive of the day of service, or thirtydays after service iscompleted if this summons is not personally delivered to you within the State of New York. Upon your failure to answer, a judgment will be entered against you by default for the reliefdemanded in the complaint. The basis of venue isthat the defendant reside(s) in the County of ONElDA. Brian S. Str OVERTON RUSSELL, DO RR AND DONOVAN, LLP Attorneys fo e Plain 19 Executive Par r, CliftonPark, New York 12065 (518) 383-4876 FOR PROCESS SERVER ONLY DEFENDANT 1: DEFENDANT 2: MARK KOWALSKI 5837 COOPER ST VERNON, NY 13476 EMPLOYMENT: EMPLOYMENT: MCK GENERAL CONTRACTING 5837 COOPER ST ORISKANY, NY 13476 NOTICE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 5078634001 Filed In Oneida Clerks Office 8/13/2019 1 of 11:45:00 3 AM Index # EFCA2019-002210 County FILED: ONEIDA COUNTY CLERK 08/13/2019 11:45 AM INDEX NO. EFCA2019-002210 NYSCEF DOC. SUPREME NO. 1 COURT OF THE STATE OF NEW YORK . RECEIVED NYSCEF: 08/13/2019 COUNTY OF ONEIDA FAXTON ST. LUKES HEALTHCARE VERIFIED Plaintiff, COMPLAINT Index No. MARK KOWALSKI Defendant(s). The alleges: plaintiff 1. The Plaintiffis a damêstic córpcration authcrized to establish and maintain a hcapital to render hospitai and medical services. 2. Upon information and belief,defêñdañt resides, or the transaction took place in the COUNTY inwhich thisaction was commenced and the defendant resides at the address set forth above, such address being the address of the defendant last known to the plaintiff and/or the address provided to the plaintiff by the defendant at the time services were rendered. 3. From August 2,2018 to September 13, 2018, the at plaintiff, the express or implied request of thedefendant, rendered hospital and/or medical services to the defendant, or individuals for whom the defendant isfinancially responsible. 4. Upon information and belief,the plaintiffsent the defendant numerous billingstatsmants to the address provided at the time services were rêñdered or the last known address and before the account came to counsel's officefor collections. Additionally, counsel's office also sent written ccriesp0ñdéñce to the defendant, at the lastknown address or the address provided to the plaintiff, and before commenciñg this lawsuit. Although due demand has been made, the defendant has failed to pay the fullamount due forservices rendered by the plaintiff. 5. The reasonable value and agreed price of such services that remains unpaid is $2,744.37. WHEREFORE , the plaintiffdemands judgment against the defendant in the sum of $2,744.37 with interest from September 13, 2018, plus the costs and disbursements of the action and for such other, further or different reliefas to this Court may deem just. OVERTON, USSELL ERR AND DONOVAN, LLP Attorneys for t e aintiff 19 Executive Park Dr. Clifton Park, New York 12065 (518) 383-4876 NOTICE: WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 2 of 3 FILED: ONEIDA COUNTY CLERK 08/13/2019 11:45 AM INDEX NO. EFCA2019-002210 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/13/2019 SVC-H-3 (81) SUPREME COURT OF THE STATE OF NEW YORK : : ss. : COUNTY OF ONEIDA FAXTON ST. LUKES HEALTHCARE PO BOX 4849 UTICA, NY 13504 Plaintiff, VERIFICATION MARK KOWALSKI Defendant(s). The undersigned, being duly sworn, deposes and says: 1. I am an officeror agent of the plaintiff,which isa domestic corporation authorized to establish and maintain a hospital to render hospital and medical services.. 2. I have read the foregoing complaint and the same istrue to my knowledge, except those matters alleged upon information and belief,and as to those matters, I believe it tobe true. 3. The grounds of my belief as to allmatters not stated upon my knowledge are the plaintiffs business records. KATl-IY WENGd T DIR OF PATIENT ACCOUNTING Sworn to before me this day of ,20 5078634001 Nota Publ c N s STROHL 3 of 3