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Michael Krichevsky, Pro Se 4221 Atlantic Ave Brooklyn, NY 11224

NYS CHILD SUPPORT PROCESSING CENTER PO BOX 15368 Albany, NY 12212-5368

August 21, 2012

RE: SVENSON v. KRICHEVSKY, NYS CASE# NV05003T1 OBJECTION AND DEMAND TO VACATE RESTRANING NOTICE OR EXECUTION To the Wizard behind the curtain called "KINGS County Support Collection Unit Supervisor" and/or Worker Code: AF1A: I have received a package containing, among other forms, aNOTICE TO JUDGMENT DEPTOR'OBLIGOR and EXEMPT CLIM FORM. This notice dated 08/10/12, but postage stamped on 08/16/12 from this office is confusing (Attached). There is no name and signature on this NOTICE. What is the name of the natural person that generated this NOTICE? Without a name and signature on this NOTICE, it is presumed to be a hoax, practical joke, or worse harassment. Accordingly, I treat it as fiction and nullity, and therefore return and reject it. In addition to the above, this notice must be returned as per CPLR 2101(f). This whole package does not comply with CPLR 5222-A. The text of YOUR notice is misleading and contradicts CPLR 5222-A. I run the name and address of the banking institution on the notice and came up with 1810 results on GOOGLE. As such, even if you were otherwise in compliance, I cannot be lawfully compelled to do YOUR job for YOU while YOU have been paid by ME - THE TAXPAYER. Should you attach a copy of RESTRAN1NG NOTICE that you purportedly served on this banking institution? Please take notice that I do not recognize purported debt to be valid. To the contrary, I consider it VOID FOR FRAUD UPON THE COURT and denial of constitutional right to due process by every financially incentivized and vested actor in this case, including YOU. Last year I came to your office to raise this issue, and even thought in your papers you sent me, you called me "CUSTOMER", the attitude I received from every person I met was in par with the German Nazis concentration camp workers. Enclosed additionally, find a copy of summons of my

adversary complaint against you client, Svenson. This procedure stays yours since Bankruptcy Court now holds jurisdiction. Please govern yourself accordingly.

Under Duress

Mic el Krichevsky, Pro Se All rights retained

PEX-RESP-NYC - 393 PX01 RA006

66

0881122230002992

NYS CHILD SUPPORT PROCESSING CENTER P0 BOX 15368 ALBANY NY 12212-5368

Date:

08/10/2012

LEGAL NOTICE ENCLOSED


PLEASE CAREFULLY READ ALL DOCUMENTS
New York Case Identifier: NV05003T1

/BWNMVWF #0032 1604 185E 5300#

Worker Code: Respondent Name: Respondent SSN:

AFt

KRICHEVSKY, MICHAEL OO-3O =

KRICHEVSKY, MICHAEL
4221 ATLANTIC AVE BROOKLYN NY 11224

This package contains the following important document A Notice to Judgment Debtor/Obligor, a copy of the Restraining Notice and a Mistake of Fact and/or Exempt Money Claim Form. The notice to judgment debtor informs you that the accompanying Restraining Notice has been served upon the financial institution identified on the first page of the Restraining Notice. The Restraining Notice restrains the financial institution from transferring any property of yours that may be in the financial institutions possession. The Claim Form is provided for you to - use if you wish to assert a mistake of fact and/or exempt money claim.

Please retain a copy of the Notice .for your records.

Contact Information

EQc more information, or if ou have any questions, please contact the NYS
Customer Service Helpline II free at 888-208-4485, TTY 866-875-9975, 'Video e ay en, . /www.fcc.gov/cgb/dro/trs_providers.html), Monday through Friday from 8:00 AM to 7:00 PM.

000050-01-04

ovo=

PEX-RESP-NYC -399 PX01 RA006

0881122230002992

NYS CHILD SUPPORT PROCESSING CENTER P0 BOX 15368 ALBANY NY 12212-5368

US GOVT MONEY MARKET FUND INVESTOR CLS P0 BOX 701 MILNAUKEE NI 53201-0701

THE JUDGMENT CREDITOR IS THE STATE OF NEW YORK, OR ANY OF ITS AGENCIES OR MUNICIPAL CORPORATIONS, AND/OR THE DEBT ENFORCED IS FOR CHILD SUPPORT, SPOUSAL SUPPORT, MAINTENANCE OR ALIMONY.

THE STATE OF NEW YORK, COUNTY OF KINGS


SVENSON, ELENA

Petitioner (Judgment Creditor! Obligee)

against Respondent (Judgment Debtor/Obligor)

KRICHEVSKY, MICHAEL

RESTRAINING NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE LAW AND RULES, SECTION 5222 FOR CHILD SUPPORT DEBT

Social Security Number: xxxxx-

New York Case Identifier: Nv05003T1 Worker Code: AF1A


ATTENTION: US GOVT MONEY MARKET FUND INVESTOR CLS FEIN: 133962162 WHEREAS, in an action in the Supreme or Family Court of the State of New York, County, KINGS between the above named parties, in favor of , petitioner (judgment SVENSON, ELENA creditor/obligee) and against respondent (judgment debtor/obligor), the KRICHEVSKY, MICHAEL following order(s) were entered:

ENTRY DATE
07/06/2011 07/06/2011 07/06/2011 07/06/2011

PAYMENT/FREQUENCY
$2,045.00! Monthly $0.00 / Monthly $0.001 Monthly $0.00 / Monthly

ENTRY DATE

PAYMENT/FREQUENCY

As of 08/10/2012, the total child support debt that is due and unpaid is $73,230.03. Page 1 of 2

PEXRESTRAIN...pg1 06113111

PEX-RESP-NYC-400 PX01 RA006

0881122230002992

RESTRAINING NOTICE FOR CHILD SUPPORT DEBT


WHEREAS, it appears that you are in possession or in custody of property in which the judgment debtor/obligor has an interest or you owe a debt to the judgment debtor/obligor; TAKE NOTICE that pursuant to New York Civil Practice Law and Rules (CPLR) Section 5222(b), you are hereby forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property or pay over or otherwise dispose of any such debt except as therein provided until the expiration of one year after the notice was served upon you, or until the judgment or order is satisfied or vacated, whichever event first occurs.
TAKE NOTICE that this is a child support debt and, as such, the provisions of CPLR Section 5222 subdivisions (h), (i), U) and Section 5222-a as added to CPLR by Chapter 575 of the Laws of 2008 DO NOT apply.

TAKE NOTICE that if you withhold the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the child support debt, judgment, or order, the restraining notice is not effective as to other property or money. TAKE FURTHER NOTICE that this Restraining Notice also covers all property in which the judgment debtor/obligor has an interest hereafter coming into your possession or custody, and all debts hereafter coming due from you to the judgment debtor/obligor. TAKE FURTHER NOTICE that disobedience of this Restraining Notice is punishable as a contempt of court.
SPECIAL INSTRUCTIONS: This notice shall not be effective when Supplemental Security Income (SSI), public

assistance (welfare) including employment earnings considered in calculating the public assistance grant, or spousal support, maintenance (alimony) or child support payments are the sole basis for the property in your possession or custody; or when the account is closed and there are no other open and/or active accounts belonging to the judgment debtor/obligor in your possession or custody. If any of these conditions apply, please complete the applicable statement at the bottom of this page and return this notice to the Support Collection Unit at the address indicated at the top left-hand corner of the first page of this notice. Dated: 08/10/2012 Issued by: Supervisor KINGS County Support Collection Unit

Your Reply to the Special Instructions (Check the appropriate box):


The sole basis for the property in our possession is Supplemental Security Income (SSI), public assistance (welfare) including employment earnings considered in calculating the public assistance grant, or spousal support, maintenance (alimony) or child support payments and, therefore, we have not restrained the property pursuant to your instructions. The account is closed and there are no other open and/or active accounts belonging to the judgment debtor/obligor in our possession or custody.

(signed) Compliance Officer or Designee Print Name

Date:

Page 2 of 2

PEX-RESP-NYC - 395 PXOI RA006

0881122230002992

NYS CHILD SUPPORT PROCESSING CENTER P0 BOX 15368 ALBANY NY 12212-5368

ICHEVSKY, MICHAEL 4221 ATLANTIC AVE BROOKLYN '1Y 11224

THE STATE OF NEW YORK, COUNTY OF KINGS


SVENSON, ELENA Petitioner (Judgment Creditor! Obligee) NOTICE TO JUDGMENT DEBTOR/OBLIGOR OF RESTRAINING NOTICE PURSUANT TO NEW YORK CIVIL PRACTICE LAW AND RULES, SECTION 5222 (d) AND
(e) of

against
KRICHEVSKY, MICHAEL Social Security Number: XXXXX-

CHILD SUPPORT DEBT

Respondent (Judgment Debtor/Obligor)

laft
New York Case Identifier: NV05003T1 Worker Code: AF1A

ATTENTION: KRICHEVSKY, MICHAEL Respondent (Judgment Debtor/Obligor) NOTICE TO JUDGMENT DEBTOR OR OBLIGOR

Money belonging to

YOU

may have been taken or held (restrained) in order to satisfy the debt or past-due support

- which is owed and unpaid from the support order(s) entered against you and noted in the enclosed "Restraining Notice". The money may be restrained legally due to your accumulation of debt at least equal to the amount directed by your court order to be paid for two (2) months [See 18 NYCRR 346.11(b)(1)]. Read this carefully. YOU MAY ASSERT A MISTAKE OF FACT OR CLAIM THE MONEY IS EXEMPT You may assert a mistake of fact if you think you do not owe the debt or past-due support which is unpaid. You may also claim that the money is exempt from collection. Mistake of fact means that you think that we have made an error in the amount of child support debt which is owed or, in the identity of the debtor or, that the order of support does not - exist or, has been vacated. Exempt money is described on the next page. An execution will be served to seize your money unless you assert a mistake of fact or an exemption by writing to the Support Collection Unit. You may also use the enclosed "CLAIM FORM". You may write or mail the completed claim form to the Support Collection Unit at: -_
NYS CHILD SUPPORT PROCESSING CENTER P0 BOX 15368 ALBANY NY 12212-5368

within fifteen (15) days from the day this notice was mailed to you. You should also submit documents and additional information or evidence by mail to support your assertion of a mistake of fact within the fifteen (15) day period. Examples of documents supporting your claim that the money is exempt includes: an award letter from the government; pay stubs; copies of checks; bank records showing the last two months of account activity; or other papers showing that the money in your financial account is exempt. Thereafter, the Support Collection Unit will determine the merits of your assertion and will notify you in writing of its determination within forty-five (45) days of the date of this notice. If the assertion is upheld you will also receive a copy of the Notice to Vacate Restraining Notice or Execution that is sent to the financial institution. If the assertion is denied, you will also receive a copy of the Child Support Execution and Notice that will be served upon the financial institution to seize the money. Page 1 of 2

r. Ii

% I.

PEX-RESP_pgl-Eng 06/20/11

PEX-RESP-NYC -396 PX01 RA006

08811 22230002992

IMPORTANT NOTICE ABOUT CHILD SUPPORT ENFORCEMENT AND EXEMPT MONEY


YOU MAY BE ABLE TO GET YOUR MONEY BACK Money belonging to you may have been taken or held in order to satisfy a child support judgment or order which has been entered against you. Read this carefully. State and Federal laws prevent certain money from being taken to satisfy judgments or orders. Such money is said to be "exempt." For your information, the following types of money are always exempt from the payment of a judgment or order for a child support debt: 1. Supplemental Security Income (SSI); 2. Public assistance (welfare); and 3. Spousal support, maintenance, alimony, or child support payments.

NOTICE TO JUDGMENT DEBTOR OWING OTHER THAN A CHILD SUPPORT DEBT


Money belonging to you may have been taken or held in order to satisfy a judgment or order which has been entered against you. Read this carefully. YOU MAY BE ABLE TO GET YOUR MONEY BACK State and Federal Laws prevent certain money from being taken to satisfy judgments or orders. Such money is said to be "exempt.' The following is a partial list of money that may be exempt: Supplemental Security Income (SSI); Social Security; Public assistance (welfare); Spousal support, maintenance, alimony, or child support payments; Unemployment benefits; Disability benefits; Workers' compensation benefits; Public or private pensions; Veterans benefits; Ninety percent of your wages or salary earned in the last sixty days; Two thousand-five hundred dollars ($2,500) of any bank account containing statutorily exempt payments that were deposited electronically or by direct deposit within the last forty-five days, including, but not limited to, your Social Security, Supplemental Security Income, veterans benefits, public assistance, workers' compensation, unemployment insurance, public or private pensions, railroad retirement benefits, black lung benefits, and child support payments; 12. Railroad retirement benefits; and/or 13. Black lung benefits. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. TO ALL DEBTORS: If you think that any of your money that has been taken or held is exempt, you must act promptly because the money may be applied to the child support judgment or order. If you claim that any of your money that has been taken or held is exempt, you must contact, in writing, the Support Collection Unit or you may complete the CLAIM FORM enclosed with this notice. Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING ANY FREE LEGAL SERVICES ORGANIZATION, IF YOU QUALIFY. You can also go to court without an attorney to get your money back. Bring this notice with you when you go. You are allowed to try to prove to a judge that your money is exempt from collections under New York Civil Practice Law and Rules, Sections 5222-a, 5239 and 5240. If you do not have an attorney, the clerk of the courts may give you forms to help you prove your account contains exempt money that the creditor cannot collect. New York Civil Practice Law and Rules, Article 4, and Sections 5239 and 5240, provide a procedure for determination of a claim to an exemption. Dated: 08/10/2012 Supervisor,
KINGS County Support Collection Unit

Enclosures: Restraining Notice and Claim Form Page 2 of 2

UNITED STATES BANKRUPTCY COURT Eastern District of New York


NOTE: All documents filed in this matter must be identified by both adversary and bankruptcy case numbers, case chapter and judge initials.

In re: Elena Svenson Michael Krichevsky Plaintiff(s),

Bankruptcy Case No.: 1-12-43050ess

against Adversary Proceeding No. 1-12-01229ess Elena Svenson Board of Managers of Oceana Condominium No. Two Internal Revenue Service, Inc. Victoria Edelstein, DDS Boris Kotlyar Cooper Square Realty, Inc. John Doe and Jane Johns, personally (fictitious names to be discovered) Lana Kaplun, personally Fard Badalov, personally Boris Meydid, personally Defendant(s)

SUMMONS AND NOTICE OF PRETRIAL CONFERENCE IN AN ADVERSARY PROCEEDING


YOU ARE SUMMONED and required to submit a motion or answer to the complaint which is attached to this summons to the clerk of the bankruptcy court within 30 days after the date of issuance of this summons, except that the United States and its offices and agencies shall submit a motion or answer to the complaint within 35 days. Address of Clerk: United States Bankruptcy Court 271 Cadman Plaza East, Suite 1595 Brooklyn, NY 11201-1800 At the same time, you must also serve a copy of the motion or answer upon the plaintiffs attorney. Name and Address of Plaintiffs Attorney: Michael Krichevsky 4221 Atlantic Ave If you make a motion, your time to answer is governed by Bankruptcy Rule 7012. YOU ARE NOTIFIED that a pretrial conference of the proceeding commenced by the filing of the complaint will be held at the following time and place. Location: Date and Time: United States Bankruptcy Court, 271 Cadman Plaza East, Courtroom September 27, 2012 at 09:30 AM 3585 - 3rd Floor, Brooklyn, NY 11201-1800 IF YOU FAIL TO RESPOND TO THIS SUMMONS, YOUR FAILURE WILL BE DEEMED TO BE YOUR CONSENT TO ENTRY OF A JUDGMENT BY THE BANKRUPTCY COURT AND JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT.

056868

31609056924014

Dated: August 2, 2012


Sununons [Summons and Notice of Pretrial Conf. rev. 03/16/20091

Robert A. Gavin, Jr., Clerk of the Court

56868

31609056924014

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