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STATE OF CONNECTICUT
MIDLAND FUNDING LLC,
Plaintiff
-Vs- AFFIDAVIT OF TORI DOBIS
BRIAN ZOSIAK,
Defendant(s).
Tori Dobis, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN
56303, certifies and says:
1. Lam employed as a Legal Specialist by MIDLAND CREDIT MANAGEMENT, INC.
("MCM") and have access to pertinent records for MCM, servicer of this account on behalf of
MIDLAND FUNDING LLC. I am a competent person over eighteen years of age, and make
the statements herein based upon personal knowledge of those account records maintained
on Plaintiff's behalf. Plaintiff is the current owner of, and/or successor to, the obligation
sued upon, and was assigned all the rights, title and interest to Defendant's SYNCHRONY
BANK account XXXXXXXXXXXX0117 (hereinafter “the account"). I have access to and
have reviewed the electronic records pertaining to the account maintained by MCM and am
authorized to make this affidavit on Plaintiff's behalf. The electronic records reviewed consist
of data acquired from the seller when Plaintiff purchased the account, together with records
generated by MCM in connection with servicing the account since the date the account was
purchased by Plaintiff. In addition, I reviewed the documents that are attached to this affidavit.
2. 1 am familiar with and trained on the manner and method by which MCM creates and
maintains its business records pertaining to this account. The records are kept in the regular
course of business. It was in the regular course of business for a person with knowledge of the
act or event recorded to make the record or data compilation, or for a person with knowledge
to transmit information thereof to be included in such record. In the regular course of business,
the record or compilation is made at or near the time of the act or event by MCM as a regular
practice.
AFFIDAVIT OF TORI DOBIS - I
IUEVAVBASOGUAAEIIBUNID (ONL MEL
8579816708 AFFCOTMEDIA 19-115553. | MCM‘s records show that the account was charged-off on 2018-02-04 with a balance of
$1,239.42. On or about 2018-03-28, Plaintiff purchased and was assigned the balance owed by
Defendant of $1,239.42. As of 2019-03-19, MCM's records show that the balance of $1,239.42
remains due and owing and no interest has been assessed to the account. Therefore, Plaintiff
seeks the amount of $1,239.42 from Defendant. All credits and offsets for payments have been
applied to the balance.
4. | MCM's records state that this action is based upon a credit agreement entered into
between Defendant(s) and the original credit grantor. MCM's records further state that
Defendant(s) used or authorized the use of the credit account but failed to make the payments
due pursuant to the agreement.
3. Based upon my review of MCM's business records: 1) Defendant(s) opened the
SYNCHRONY BANK account on 2005-12-04; 2) the last payment posted to the account on
2017-06-09; and 3) the account was charged off on 2018-02-04.
6. The complete chain of title including SYNCHRONY BANK and all post charge-off
purchasers of the debt are as follows:
I. 2018-03-28 SYNCHRONY BANK PO. Box 965033,Orlando,FL,32896
2. MIDLAND FUNDING LLC 2365 Northside Dr. Suite 300,San
Diego,CA,92108
7. Attached hereto are the following records regarding the account and/or payments
received:
Exhibit A. Billing statement(s) (including the statement that reflects the charge-off
balance, and the statement recording the last purchase transaction, service
billed, payment, or balance transfer, and an additional monthly statement
sent to Defendant(s))
Exhibit B. Bill(s) of Sale and Assignment and/or A ffidavit(s) of Sale for the above
referenced sale(s) of the account
AFFIDAVIT OF TORI DOBIS - 2
MRL MUU
8579816708 AFFCOTMEDIA 19-11555Exhibit C. Seller data sheet reflecting the individual account data extracted and printed
from electronic records provided by the seller to MCM pursuant to the Bill
of Sale/Assignment in connection with the sale of the account to Plaintiff
8. The accuracy of such documents is relied upon by Plaintiff and/or its servicer in
purchasing and collecting this account. These records are trustworthy and relied upon because
the original creditor was required to keep careful records of the account at issue in this case as
required by law and/or suffer business loss.
9. The documents attached hereto are true and correct copies of the originals, being a
reproduction of the records on file on behalf of Plaintiff based upon my review, except to the
extent that confidential and privileged information and/or personal identifying information is
omitted or redacted as required by local rules, and applicable state and federal law.
10. | MCM acquired and incorporated account records into its permanent business records
as a result of Plaintiff's purchase of the account. These records are kept in the regular course of
business on behalf of Plaintiff, and along with the electronic records provided at purchase, are
Plaintiff's primary source of business records for this account.
1}. Ifcalled to testify as a witness thereon, I could and would competently testify as to all
the facts stated herein.
Left Biank Intentionally
AFFIDAVIT OF TORI DOBIS - 3
IBUNIRIGENONVGUHVIUOLN EDAD
8579816708 AFFCOTMEDIAI certify under penalty of perjury that the foregoing statements are true and correct.
MAR 2 7 2019 .
Dae / wl ai
Tori Dobis
STATE OF MINNESOTA
COUNTY OF STEARNS.
MAR 27 2019
Signed and sworn to (or affirmed) before me on by Tori Dobis.
Elfen Wolf “ r
* Notary Public - Minnesota Notary Pub]
Wy Commission Expires Jan. 34,2028
cTl
London & London
AFFIDAVIT OF TORI DOBIS - 4
OUTRO MGA UIA NUH UATE
8579816708 AFFCOTMEDIA 19-11555Tran Date Post Cate Relerence Number
FEES
TOTAL
Total Fees Charged in 2018
Totet nierast Charged in 2088
Total Intereat Paid In 2018
Descriplion of Transaction of Credit
INTEREST CHARGED
ows = 1 INTEREST CHARGE ON PURCHASES
‘TOTAL INTEREST FOR THIS PERIOD
$1210.31 $1,239.42
+ interest Charges $20.11 $287.00
Hew Batance $1,239.42} | Tote! Minimum Payment Due $409.00
LOvertmit Amount $209.42
Credit Link $1,000.00 o1rzerz018
Avaliable Credit $0.00
Statement Closing Date 0170572018 | |Late Payment Waming:!f we do not recelve your Total
Days in Biting Cycle 31 [Minimum Payment Due by the Payment Due Dete sted ebove,
you ay have to pay alate few up to $38.00,
Minimum Payment Warning: if you make only the minimum
payment aech petiod, you will pay more in intereat and tt will
take you longer to pay off your balance, For example:
It you would like information about credit counseling
Bervices, cal 1-877-302-8775.
FOR THIS PERIOD
wterest Change
Expiration Annual Bialance Subject Interest
Type of Balance Date Parcentage Rate to Intereet Rate Charge
[Reguier Purchase NA 27.90% (wy $1,224.33 $20.11
(v} = Variable Rate
PAYMENT DUE BY 5 P.M (ET) ON THE DUE DATE
Your Annusel Percentage Rt (APRs the annual interest ele on your account
NOTICE: We may convert your payment inlo en electronic debit. See reverse for details, Biling Rights Information and other
émportant information.
06 aw 2 7S aBonos EXPAGE 1 of 9
9263 1000 PPO oumzsane
Detach and malt thia portion with your check. Do not Include any correspondence with your check,
cmos sOCCO0.oo
‘www.paypal.com — New address of email? Print Changes on beck,
BRIAN ZOSIAK
8. COMLY AVE
GREENWICH Ct 06831-4934
Make Payment to: PAYPAL CREDIT SVCS/SYNCB
PO BOX 960080
ORLANDO, FL 32896-0080
Exhibit A[Cardholder News.
YOUR ACCOUNT IS PAST DUE. PLEASE PAY THE MINIMUM PAYMENT DUE Of
CONTACT THIS OFFICE AT THE PHONE NUMBER LISTED ON YOUR STATEMENT.
ExeAse sof kes bey ema cumzsanoat
Kn
Ex DAE
wes
seed
eonsBRIAN ZOSIAK
Account Number QED 0117
Visit us at www. paypat.com
PayPel Credit Services: 1-866-899-6190
Payment information
[Previous Balance ($1,239.42) | New Baiance $8.00
Other Credits $1,239 42| |Amount Past Due $0.00
New Baiance $0.00] | Total Minimum Payment Due $422.00
Payment Due Data 0205/2018
raat Lenin $1,000.00
Available Credit $0.00] | Late Payment Warning:!l we do not recoive your Tota!
Statervent Closing Dato 92/04/2016 | | Minimum Payment Cue by the Payment Due Dale listed shove,
Days in Biling Cycte 30] you may have to pay alate fee up to $38.00
Transaction Summary
‘Tran Date PestDale Reference Numbor Description of Transaction or Credit Amount
OTHER CHARGES
o2ro4 0204 CHARGE GFF ACCOUNT-PRINCIPALS: ($913.44)
oe ones CHARGE OFF ACCOUNT-INTEREST CHARGE (8225.98)
TOTAL OTHER CHARGES ($1,239.42})
FEES
TOTAL FEES FOR THIS PERIOD $0.00)
INTEREST CHARGED
02/04 0204 INTEREST GHARGE ON PURCHASES: 90.00
TOTAL INTEREST FOR THIS PERIOD $0.00)
2018 Totats Year-to-Date
Total Fees Charged in 2018 30.00
Totel Interest Charged in 2078 $28.14
‘Tota! Interest Paid in 2018 $0.00
interest Cherge Calculation
Your Annual Percentage Rate (APR)s the annual interest rate on your account.
Expiration Annual Balance Subject Interest
Type of Balance Dota Percantage Rate to Interest Rate Charge
Regular Purchase: NA 28.24% (v) $0.00 $0.00
(¥) = Variable Rate
[Corcthotder News and information
Staternant not provided to eustamer.
imo an electronic debit. See reverse for details, Biling Rights Information and other
sy ease
na wet ion pena Sewzsaue
Detach and mail this portion with your check. Do nol include any catraspandanca with yaur check.
Account Nar oe RE 2: 17
Amount | Payment Due |” Overtimit | New Balance |
Past Dua. ., Cate Amount t
$0.00, Bas2018 $000) $000
Payment Enclosed:
Ploase use blue or black ink,
Save # stamp, pay on-line al
www paypal com
$|
New address or emai? Print Changes on back
BRIAN ZOSIAK
6 COMLY AVE
GREENWICH CT 06831-4934 Make Payment to: PAYPAL CREDIT SVCS/SYNCB
PO BOX 960080
ORLANDO, FL 32896-0080BRIAN ZOSIAK Visit us at www.paypal.com
‘Aceount Number ovr PayPal Credit Services: 1-866-571-3012
‘Summary of Account Acavity — [Payment infornation
Previous Balance: $1,129.44 | |New Balance: $936.00
- Paymanta $216.00 | | Total Minimum Payment Due $35.00
+ interast Charges: $21.56] | Payment Due Date 07/28/2017
|New Balance $936.00} | Late Payment Warning: If wo do not receive your Total
Minimum Payment Due by the Payment Due Date listed above.
Credit ymut $1,100.00] {you may have to pay # lle fee up to $38.00.
Available Credit $165.00] |Minimum Payment Waring: If you make only the minimum.
Statement Closing Date 07/05/2017 | |payment each period. you will pay more in interest and it will
[Days in Billing Cycle Jo] {take you longer fo pay off your batancs. For example:
‘You wil pay off | And you will end
‘Only the minimum,
Payment
(Continued on noxt page
If you would tke information about credit counseling
services, call 1-877-202-8775.
(|
Transaction Summary
Tran Date Post Dete Reference Number Dasenption of Transaction or Credit Amount
|PAYMENTS AND CREDITS
oscs goo RRR” PAYMENT - THANK YOU. (8216.00)
TOTAL PAYMENTS AND CREDITS ($216.00)|
FEES
TOTAL FEES FOR THIS PER‘OD $0.00)
NOTICE: We may cenvert your payment ito an
Information and other important information.
sloctronic debit, See Statement Disclosures link bolow for details Biling Rights
epee meses
Account Number:
Torr
eee anne Payment ue Date
Save a stamp, pay on-line at
wiew paypal. com
BRIAN ZOSIAK
6 COMLY AVE
GREENWICH CT 06831-4934
$3800 “OrRAaROT
1000
Make Payment to: PAYPAL CREOIT SVCS/SYNCB
PO BOX 980080
ORLANDO, FL 32896-0080| Transaction Summary (Continued)
Tran Date Post Date Reference Number Description of Transaction or Credit Amount
INTEREST CHARGED
lores = 07/05, INTEREST CHARGE ON PURCHASES $21.56
TOTAL INTEREST FOR THIS PERIOD. $21.56|
2017 Totals Year-to-Date
‘Total Fees Charged in 2017 $178.00
Total tnterest Charged in 2017 $168.16
‘Total intetest Paid in 2017 3144.60
interest Charge Calculation
Your Annual Percentage Rate (APR}is the annual interest rate on yout account
Expiration Annual Balance Subject Interest
Type of Balance Date Percentage Rats tc Interest Rate Charge
Regula: Purchase NA 274% (4) se45.64 $21.56
tv) = Variable Rate
‘Synchrony Bank may continue to obtain Information, including employment and income information from others about you
{including requesting reports from consumer reporting agencies and other sources! to review. maintain or collect your account.
(Cooking for a more corvenioni due dale? Call customer service at the phone numbar on your statement to dalermine if you are
[Canthotder Benefite and lafonnation
siigble and discuss available options,
ase a : oes
epsesans aH Ss oatars pau sof > sors tee pee
steBRIAN ZOSIAK Visit us at ww. paypal.com
Account Number SS 0117 PayPal Credit Services: 1-866-571-3012
‘Summary of Account Activity [Payment information
Previous Balance 31,120.63) |New Balance $1,007.34
= Payments $174.00] | Total Minimum Payment Cue $71.00
+ Fees Charged $35.09] |Payment Due ate os28r2017
+ interest Charges $25.91] | Late Payment Waming:|f we do not receive your Total
New Balance $1,007.34] [Minimum Payment Due by the Payment Due Pata stad above,
you may hava to pay alate fee up to $35.00
Creat Limit $1,400.00] / Minimum Payment Waring: If you make only the minimum
Avaliable Credit $392.00 [payment each period, you wil pay more in interest and it wil
[Statement Closing Date 0410572017 | | t#ke you longer to pay off your balance. For example:
Days i Biling Cycla ”
(Only the miniraum
payment
you would tke information about credit counseling
services, call 1-877-302-8775.
Transaction Summary
‘Tran Date Post Date Reference Number Description of Transaction or Credit ‘Amount
PAYMENTS ANO CREDITS
oxs1 0331 INR PAYMENT - THANK YOU (8174.00)
TOTAL PAYMENTS AND CREDITS ¢8174.00)
FEES
owes © oz LATE FEE $35.00
TOTAL FEES FOR THIS PERIOD. $35.00
INTEREST CHARGED
owns © 0w05 INTEREST CHARGE ON PURCHASES $25.9
TOTAL INTEREST FOR THIS PERIOD $25.91]
2017 Totals Year-to-Date
Total Foes Charged in 2017 $105.00
Total tniorest Charged in 2017 395 50
Total interest Paid in 2017 369.59
interest Charge Calculation
Your Annual Percentage Rate (APR}|s the annual interest rate on your account
Expkation Annual Balance Subject Interest
Type of Balance Date Percentage Rate ‘a Interest Rate Charge
Regular Purchase NA 27.49% 7) $1,109.63 $2591
tv} = Variable Rate
NOTICE: We may convert your payment into an electronic debit. See Statement Disclosures link below for details, Biking Rights
Information and other important information,
nana ws dT 37888 pase 2 ott 4265 oon HOR ans
Account un S097
‘Total Minium Payer Payment Due Date New Bal ]
Due
371.00 | ana? ‘$1007 34”
‘Savea stamp. pay ontine at
‘wwew peypal.com .
BRIAN ZOSIAK
6 COMLY AVE
GREENWICH CT 06831-4934 Make Payment to: PAYPAL CREDIT SVCS/SYNCB
PO BOX 960080
ORLANDO, FL 32096-0080‘Synchrony Bank may continue to ablain information, including employment
Ad income information from ethers about you
(including requesting reports trom consumer reporting agencies and other sources) lo review, maintain or collect your account,
[Cardholder Benefits and information
Cooking Tora mare convaniont due date? Call cusiomer service al the phone hummber en your statement fo determina you are
‘eligible and discuss available options.sae am Poe oman pane oc O82 ron pce sumasanesynchrony
BANK
BILL of SALE
Midiand = Fresh —
For value received and in further consideration of the mutual covenants and conditions set forth in the
Forward Flow Accounts Purchase Agreement (the “Agreement”), dated as of the 4" day of August, 2017 by and
between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance
Credit Services, LLC (collectively “Seller”) and Midland Funding LLC (“Buyer”), Seller hereby transfers, selts,
conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the
Agreement, the Accounts as set forth in the Notification Files, delivered by Seller to Buyer on March 20, 2018,
and as further described in the Agreement. Capitalized terms not defined herein shall have the definition
ascribed in the Agreement.
With respect to information for the Accounts summarized in the Notification Files, the Seller represents
and warrants to Buyer that (i) the Account information constitutes the Seller’s own business records and
accurately reflects in all material respects the information in the Seller’s database; (ji) the Account information
was kept in the regular course of business; {iii} the Account information was made at or near the time by, or
from information transmitted by, a person with knowledge of the data entered into and maintained in the
Account’s database; and (iv) it is the regular practice of the Seller’s business to maintain and compile such data.
Retail Finance Credit Services, LLC
By: re
Title: SVP, Recovery Operations Title Attorney In Fact
RFS Holding, LLC
<
Title: Attomey In Fact Tide: Vice &, diel Forres Drelgnet
EXHIBIT BPurchase Price Reconciliation/Funding Instructions
To: Midland
This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT, is made this 4" day of August, 2017 (
“Effective Date”), by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holdi
L.L.C.; and Retail Finance Credit Services, LLC (collectively, “Seller”) and Midland Funding LLC (“Buyer
with reference to the following facts and circumstances:
Portfolio
Agey_Atty Code
Total Number of Accounts
Outstanding Balances on Transfer Date
Cut-Off Date
Transfer Date
Purchase Price Factor
Purchase Price
0% Holdout
Amount of Wire transfer
Date of Funding:
Bank:
ABA No.
Account No:
Account Holder:
Location:
RMS NG
March 21, 2018AFFIDAVIT OF SALE
OF ACCOUNT
BY ORIGINAL CREDITOR
State of Florida County of Seminole
Ashlie Garcia being duly sworn, deposes and says:
1am over 18 and not a party of this action. I am a Media Representative of Synchrony Bank
formerly known as GE Capital Retail Bank. In that position I have access to creditor’s books and
records, and am aware of the process of the sale and assignment of electronically stored business
records.
On or about 3/20/2018 Synchrony Bank formerly known as GE Capital Retail Bank sold a pool
of charge-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bilt of Sale to
Midland Funding LLC. As part of the sale of the Accounts, electronic records and other
records were transferred on individual Accounts to the debt buyer. These records were kept in
the ordinary course of business of Synchrony Bank formerly known as GE Capital Retail Bank.
The Creditor has a process to detect and correct errors on these accounts. The above statements
are true to the best of my knowledge.
Signed this 6th day of June, 2018
Ashli¢ Gatei
Signed and sworn to before me this 6th day of June, 2018
(Notary Stamp)
( _ DARYL REID
rate ot Flerida-Notary Pubtic|
mmission # GG 134423
My Commission Expiras
August 14, 2021
NY AOS 1.3 2/1/2017 - St. PaulCERTIFICATE OF CONFORMITY UNDER
NYS CLS CPLR § 2309(c) AND NYS CLS RPL § 299-a
The undersigned does hereby certify that he/she is an attorney-at-law duly admitted to
practice in the State of Florida and residing in the State of Florida; that she is a person duly
qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law
of the State of New York; that she is fully acquainted with the laws of the State of Florida
pertaining to the acknowledgment or proof of affidavits; that the acknowledgement or proof upon
the foregoing Affidavit of Ashlie Garcia was taken by Daryl Reid, a notary public in the State of
Florida, in the manner prescribed by the laws of the State of Florida, being the state in which the
Affidavit was taken; and, based on her review thereof, that the notarized Affidavit conforms to the
laws of the State of Florida in all respects.
Witness my signature this 6th day of June, 2018
J ei Nalsen
Attomey-at-law, State of Florida.Field Field Data
Account_Number Wo
First_Name BRIAN
Last_Name ZOSIAK
SSN
Birth_Date
Account_Address_1 6 COMLY AVE
City GREENWICH
State cT
Zip_Code 06831-4934
Contract_Date 12/4/2005
Last_Payment_Date 6/9/2017
ChargeOff_Date 2/4/2018
Current_Balance 1239.42
Last_Pay_Amount 216
ChargeOff_Amount 1239.42
Lending_Office_Code PAYPAL
Last_Purchase_Date 12/18/2016
Account information provided by SYNCHRONY BANK pursuant to the Bill of Sale / Assignment of Accounts transferred on or
about 03/28/2018 in connection with the sale of accounts from SYNCHRONY BANK to Midland Funding, LLC.
EXHIBIT C