Preview
FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018
SUPREME COURT OF THE STATE OF NEW YORK XXXXXXXXXXXX1797
COUNTY OF ONONDAGA
___________-------------------------X
DISCOVER BANK INDEX NO. 2018EF/O032
PLAINTIFF, AFFIDAVIT OF FACTS
- AGAINST - BY ORIGINAL CREDITOR
DENNIS E GRARAM
DEFENDANT.
-- â€----------- â€â€â€â€ --
â€â€â€ ---
------------------------------------X â€-- â€--â€
STATE OF OHIO )
)ss.
COUNTY OF FRANKLIN )
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Discover Products Inc., successor by merger to DB
Servicing Corporation, the servicing affiliate and custodian of records for
Plaintiff, and I have personal knowledge of and access to Plaintiff's books
and records ("Business Records" electronic
Records"), including records, relating to
the account ("Account") of DENNIS E GRAHAM. The last four digits of the
Account number are XXXXXXXXXXXX1797. In my position, I have personal
knowledge of Discover Products Inc.'s procedures for creating and
maintaining Plaintiff's Business Records. Plaintiff's Business Records were
made in the regular course of business and it was the regular course of such
business to make the Business Records. The records were made at or near the
time of the events recorded. Based on my review of Plaintiff's Business
Records, I have personal knowledge of the facts set forth in this affidavit.
2. Plaintiff and Defendant entered into a credit agreement ("Agreement").
Defendant agreed to pay Plaintiff for all goods, services and cash advances
provided pursuant to the Agreement. The amount of the last payment, if any,
made by Defendant was $250.00, made on or about 10/25/2016. Defendant is now
in default and demand for payment has been made. A true and correct copy of
the Agreement is attached as an exhibit to this affidavit.
3. At this time, Defendant owes $17520.62 on the Account. This amount
includes a charge-off balance of $21392.48, total post-charge-off interest
of $0.00, total post-charge-off fees and charges of $0.00, less any
post-charge-off credits or payments made by or on behalf of the Defendant
totaling $3871.86.
WHEREFORE, deponent demands judgment against Defendant for $17520.62,
together with the costs and disbursements of this action.
The above statements are true and correct to the best of my personal
knowledge.
Dated: g , lg By:
Sworn to before me t is day
)k) , 20 .
ffw FORSTER & GARBUS ATTYS FOR PLAINTIFF
otary ub Ec 60 MOTOR PARKWAY, COMMACK NY 11725
631-393-9400 2/15/18
) g mm,
IAL S /~
Ruby 0 Cordowl
„= Public State ofOhio
Notary
My Commission Expires
August 23, 2021
'lctrSsi~"
1 of 7
FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
------------------------------------X
DISCOVER BANK INDEX NO. 2018EF/0032
PLAINTIFF, SUPPLEMENTAL
- AGAINST - AFFIDAVIT OF FACTS
DENNIS E GRAHAM BY ORIGINAL CREDITOR
DEFENDANT .
------------------------------------X
STATE OF OHIO )
)ss.
COUNTY OF FRANKLIN )
The undersigned, being duly sworn, deposes and says:
1. My name is . I am an employee of Discover
Products Inc., succe sor by merger to DB Servicing Corporation, the
servicing affiliate of credit card accounts owned by Plaintiff Discover
Bank. I am a custodian of records for Discover Products Inc., and I am duly
authorized to make the following representations. I make this supplemental
affidavit in support of Plaintiff Discover Bank's request for the entry of
judgment in this matter against DENNIS E GRAHAM. ("Defendant").
2. Defendant's credit card account was originated by Discover Bank. Discover
Products Inc. exclusively services and maintains the business records,
including the account information related to the Defendant's account, on
behalf of Discover Bank. Discover Products Inc. does not collect debts for
any creditors other than Discover Bank. As custodian of records for Discover
Bank, I have personal knowledge of the facts set forth in the accompanying
Affidavit of Facts Original Creditor ("Affidavit of Facts" based upon
by Facts") my
review of the records created, maintained, and stored by Discover Products
Inc.
The above statements are true and correct to the best of my personal
knowledge. .
Dated: 2 2(o By
Sworn to before me this
AW
Prin
a
ame
he
day
of 4, , 20
FORSTER & GARBUS ATTYS FOR PLAINTIFF
otary P lic 60 MOTOR PARKWAY, COMMACK NY 11725
631-393-9400 2/15/18
~qgII i i i irr
RlA
p S rrr
Ruby D Cordova
= State ofOhio
*- eeNotaryPublic,
-*
:*
My Commission Expires
August 23, 2021
OF
I I I 1i I i i ala
2 of 7
FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018
I,Aaron Wilson, Esq., an attorney-at-law of the State of Ohio who resides in the State of
Ohio and is fully acquainted with the laws of the State of Ohio pertaining to the acknowledgment or
proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to
make this Certificate of Conformity pursuant to 299-a of the Real Property Law of the State of New
York and hereby certify that the acknowledgment or proof upon the foregoing document in the above
referenced matter notarized by Ruby D Cordova a Notary Public in the State of Ohio, in the manner
prescribed by the laws of the State of Ohio and conforms to the laws thereof in allrespects.
26*
IN WITNESS WHEREOF, I have set my hand and affixed my seal to this document, this 26
day of February 2018.
C''
Aaron Wi on, Esq. (Ohio erne Ct. #0083516)
3 of 7
FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018
'
A5"~
Discover' °re®
More Card
DISCSVER Account number in 1797
ending
Open Date: Mar 27, 2016-Close Date: Apr 26, 2016
Cardmember Since 1994
Page 1 of 4
ACCOUNT SUMMARY PAYMENT INFORMATION
' ' '
Previous Balance $20,955.87 New Balance $21,392.48
+
Payments and Credits $0.00 Minimum Payment Due * $3,342.00
Purchases + 50.00
Payment Due Date May 21, 2016
Balance Transfers + $O.00 * Includes past due amount
of: $2885.00
Cash Advances + SO.00
Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum
payment by the
Interest Charged + $401.61 date listed above, you may have to pay a late fee of up to $35.00
and your
purchase and balance transfer APRsfor new transactions
may be increased up to
New Balance $21,392.48
the Penalty APR of 26.49% variable.
Calculation
See interest Charge section following
the Minimum Payment Warning: if you make only the minimum
payment each
section for detailed
Transactions APR information you will pay more in interest and
it will take you longer
to pay off your
period,
CreditLine $19,400 balance.For example:
CreditLine Available $O if you make charges Youwill pay ofFihe .
Andyouwillendu
using thiscard andeach mon balance ownon this payinganestim total
Cash Advance Credit
Line 57,400 youpay... statementinabout. of-,
Cash Advance Credit
Line Available $0 Only the minimumpayment 75 years $190,334
You may be able to avoid
interest on Purchases. like information
if you would about credit counseling
services, call 1-800-347-1121.
See reverse for details.
'
RCO® Credit Score Available REWARDS
Bonus® Ann versary Month
The FICO® Credit Score for the primary
cardmember on Cashback
April
online at Discover.com or with the
this account is available Balance $ 0.00
Opening
Discover mobile app. New Cashback Bonus This Period + $ 0.00
Redeemed This Period - $
-S 0.00
Cashback Bonus Balance $ 0.00
Please make check payable You are overlimit.
to Discover.
Pay the sum of the Minimum
Payment Due plus the remaining To learn more,
log in at Discover.com
overlimit
amount of $1992.48.
Make Check payableto Oiscover.
NOTICE; SEE REVERSESIDE FOR IIMPORTANT INFORIIIIATION
easefold on he perforation below, detachand return with your payment
Payment Coupon
Please do not fold,
clip or staple. ~ - Pay Online
Discover.com
~
~
Pay by Phone
1-800-347-2683
Accountnumber ending in 1797
Minimum Payment Due $3,342.00
New Balance $21)392 48
IIIIIIIII IIIIIIIII IIIII IIIIII Illll«lllI
IIII Payment Due Date May 21, 2016
DENNIS E GRAHAM Amountenclosed $
DENNIS GRAHAM
6822 22ND AVE N ty G6639
ST PETERSBURG FL 33710-3918
PO BOX 71084
CHARLOTTE NC 28272-1084
IIIIIIIII»IIIIII
IIIIIIIIII
IIIIIIIIIIIIIII
I IIIIIIII
III
Phoneand Internetpaymentsmustbe receivedby SPMETto be creditedas of the sameday.
Address, e-mail or telephone changed? Note changeson reverseside.
00000198I 45858648530I 213924600062590334200
4 of 7
FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018
DENNIS E GRAHAM Accountnumber ending in 1797 Open Date: Mar27, 2016-Close Date: Apr
26, 2016 Page 2 of 4
Importantinformation You must ensure that sufficient funds are available
in your bank account,
and
See yourCardmember Agreernent.Your Cardmember Agreement all transactions
must comply with U.S. law.
contains all the terms of your Account.
You can set automatic
payments for:
(i) statement New Balance, (ii) statement
Lost or stolen
cards.Report immediatelyl
Call1-800-347-2683. Minimum Payment Due, (iii) statement Minimum
Payment Due plus a fixed
. dollaramount,or (iv) Other
dollar
amount. If your scheduled "Other
dollar
What To Do If You ThinkYou Fmd A Mistake On Your Statement amount" payment
If you think there is an error on your is not enough
to cover the Minimum
Payment Due as listed
statement, write to us at:
Discover, PO on your monthly your
Box 30421,Salt Lake City,
UT 84130-0421. You must write to us within statement,
billing scheduled paymentfor that month
60
will be increased to cover the Minimum
Payment Due. If the scheduled
days after the error op
earedon your statement.
You may call us, but if you
do we ore not requirecÎto
investigate any potential paymen is greater than the Minimum
Payment Due, any excess will be
and you may have
errors, appliedin accordance
with your CardmemberAgreement. If your scheduled
to pay the amount The Billing Rights Notice further
in question. explains your
Payment is greater than the New Balance on your billing that
statement,
rights. Agreement
Please see your Cardmember or visit
for a copy of this notice, payment will be processed only for the amount
of your New Balance. Your
https://discover.com/billingrights
automaticpayment amount may be less than the amount
indicatedon the
statement based on credits or payments after the Close Date,
billing
Payments. You may pay all or part of your Account
balance at antime.
However, you must pay at least the Minimum
Payment Due by the payment
ayment
Due Date. Send only your payment and the bottom
portionof this statement If you enroll
by phonein our automatic
payment service, please fill-in
the
in the envelope provided
after offixing
postage.Payments sent without
proper blanks below and retain the authorization
fo lowing for your records.
postage will be returned to the sender. Do not send cash.
If you pay by
our check to make an Amount: O Full Pa DMin Pa OMin Pa + $
check, you authorize
us to use information
on
fund transfer from
electronic our accountat the financial
institution
indicated O OtherAmount$ ; Bank Routing #:
on your check or to process the payment
as a check transaction.
If a payment ;
is processed as an electronic fund the transfer will
transfer, be for the amount Bank Account# ;
of the check. When we use information
from your check to make an
electronic funds may be withdrawn
fund transfer, from our account
as soon Monthl Y on the O
u PaYment Due Date 0 Close Date
as the same day we receive your payment,
and you wilnot receive your
check back from
your financial
institution.
O Day of month[insert date)
The processing of your payment if you send cash, corres. CreditReporting.We may reportinformation
about your Account to credit
may be delayed
pondence or other
items with your
payments, if you send the payment
to any bureaus.Late payments,
missed payments, or other defaults
on your Account
other address, or if you use an envelope other than the one provided.may be reflected in your credit report.
We normally report
the status and
Payments received in proper
form at our processing facility
by 5PM local time payment history of your Account
to credit reporting
agencies each month.
If
you believe that our report
to your Account as of that day. Payments received
on any day will be credited is inaccurate
or incomplete,
please write us at this
at our processing facility
after 5PM1ocal be credited to your Account
time will address:Discover, PO Box 15316,
Wilmington,DE I9850-5316.Please
as of the next day. send your payment
your envelope,
If you have misplaced include your number
name, address, home telephone and Accountnumber.
to Discover, PO Box 6103,
CarolStream,IL 601976103. Please allow
7·10
days for delivery.
If your
payment is returned
unpaid,we reserve the right to Paying Interest.
Your due date is at least 25 days after the close of each
resubmitit as an electronic
debit.
Payments made onlineor by phone will be period
billing (at least 23 days for billing
periods that begin in February), We
credited
as of the day of receipt if made by 5 PM Eastern time. will not charge
you any interest on Purchases if you pay your entire balance
by the due date each month.
We will begin charging
interest on Cash
You can pay your monthly
Minimum Payment Due, or a greater
amount that Advances and Balance Transfers as of the later of the Transaction
Date or the
does not exceed your current Account
balance,over the telephone
or you can first day of the billing
periodin which the transaction
posted to your Account.
payments through
setup automatic a customer
service representative
by
1-800-347-2683.
calling Automaticpayments for the billing
periodshown How We CalculateInterestCharges.We Use the Daily Balance Method
on yourstatement will be deducted
on the Payment Due Date shown on that current transactions)
(including to calculate
the Balance Subject to Interest
statement, or the next automatic
paymentdate referred
to on your statement, Rate.For more information, call
please us at1-800-347-2683.
unless you request a recurring date (e. 15*
payment ., the day of the month)
that occurs before your Payment
ue Date or C ose Date. If your
scheduled Balance Sub®ecttoInterest
Rate. Your statement shows a Balance Subject
payment datefalls
on aweekend or bankholiday,yourpayment will be It shows this for each transaction
to interest Ra e. category.The Balance
processed the business day prior
to the weekend
or bank In order to
holiday. Sub e t to Interest Rate is the average
of the daily balances during
the billing
penod.
schedule monthly you will need this statement and
payments by telephone,
your bank account You will be asked to provide
information. the last four
(4) CreditBalances. If your Account
has a credit balance,
the amountis shown
digits of the social security number of the primary
borrower.By providing on the front
of your billing A credit balance
statement. is money that is owed
those numbers as your electronic you
signature, willbeagreeingto this toyou. You may make chargesagainst amount
this ifyourAccountis open.
to ollow
authorization bank to deduct each payment
us ond your you We will send you a refund of any remaining
balanceof $1.00or more after
in
authorize, theamount selected
by you,fromyour bank occount.
You also 6 months, or as otherwise
requiredby applicable
law, or upon request made
authorize debit or credit entries to your bank account,
us to initiate as to the address in the Contact
Us section on page 3 of your billing
statement.
in the processing of such payment.
to correct an error You can
cancel a scheduled payment
by phone at 1-800-347-2683or by mail at Balance Balance Transfers are offered
Transfers. at our discretion
and
Discover, PO Box 30421, UT 84130-0421;
Salt Lake City, payment accrue interest at the standard
purchase rate unless we tell you otherwise.
must be received before
cancellations 5 PM ET of the scheduled withdrawal . .
and/or
Discover may monitor record telephone
calls between
you and
date. we will tell you on each monthly
If your payments may vary in amount,
Discover representatives for quality
statement when your payment will be made and how much it will be. assurance purposes.
billing
The Discover®card is issued by Discover Bank, Member
FDIC. TL23-24N.0215
CHANGE OF ADDRESS
If correct on front, in blue or black ink, in the space provided.
do not use. Please print clearly
Street Address Home Phone
Work Phone
City Email
State, Zip
To make changes to your address, email or telephone number, visitDiscover.com
ContInuedon nextpage
5 of 7
FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018
DISCOVER' Discover® More®
Card
DISCGVER Accountnumber ending in 1797
Open - Close Date: Apr 26, 2016
Date: Mar 27, 2016
Page 3 of 4
CONTACT US
Web Mobile Phone Inquiry MailPayments
- Access your m Manage your 1-800-DISCOVER Discover Discover
account securely account anytime, (l-800-347-2683) PO Box 30943 PO Box 6103
at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City CarolStream
m.Discover.com UT 84130 IL 60197-6103 ,f
Transactions
Trans.Date Post Date
Fees Apr 21 Apr 21 LATE FEE 5 35.00
TOTAL FEES FOR THIS PERIOD 35.00
Charged
Interest INTERESTCHARGE ON PURCHASES $ 264.23
INTERESTCHARGE ON CASH ADVANCES 137.38
INTERESTCHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 401.61
2016 Totals Year-to-Date
TOTAL FEES CHARGED IN2016 5 140.00
TOTAL INTEREST CHARGED IN 2016 5 1,533.58
Interest Charge Calculation
Your Annual PercentageRate (APR) is the annual
interestrate on your
account
Current Period:31
Billing days
ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO
TYPE OF BALANCE
Preview
FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018 SUPREME COURT OF THE STATE OF NEW YORK XXXXXXXXXXXX1797 COUNTY OF ONONDAGA ___________-------------------------X DISCOVER BANK INDEX NO. 2018EF/O032 PLAINTIFF, AFFIDAVIT OF FACTS - AGAINST - BY ORIGINAL CREDITOR DENNIS E GRARAM DEFENDANT. -- â€----------- â€â€â€â€ -- â€â€â€ --- ------------------------------------X â€-- â€--†STATE OF OHIO ) )ss. COUNTY OF FRANKLIN ) The undersigned, being duly sworn, deposes and says: 1. I am an employee of Discover Products Inc., successor by merger to DB Servicing Corporation, the servicing affiliate and custodian of records for Plaintiff, and I have personal knowledge of and access to Plaintiff's books and records ("Business Records" electronic Records"), including records, relating to the account ("Account") of DENNIS E GRAHAM. The last four digits of the Account number are XXXXXXXXXXXX1797. In my position, I have personal knowledge of Discover Products Inc.'s procedures for creating and maintaining Plaintiff's Business Records. Plaintiff's Business Records were made in the regular course of business and it was the regular course of such business to make the Business Records. The records were made at or near the time of the events recorded. Based on my review of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement. The amount of the last payment, if any, made by Defendant was $250.00, made on or about 10/25/2016. Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. 3. At this time, Defendant owes $17520.62 on the Account. This amount includes a charge-off balance of $21392.48, total post-charge-off interest of $0.00, total post-charge-off fees and charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant totaling $3871.86. WHEREFORE, deponent demands judgment against Defendant for $17520.62, together with the costs and disbursements of this action. The above statements are true and correct to the best of my personal knowledge. Dated: g , lg By: Sworn to before me t is day )k) , 20 . ffw FORSTER & GARBUS ATTYS FOR PLAINTIFF otary ub Ec 60 MOTOR PARKWAY, COMMACK NY 11725 631-393-9400 2/15/18 ) g mm, IAL S /~ Ruby 0 Cordowl „= Public State ofOhio Notary My Commission Expires August 23, 2021 'lctrSsi~" 1 of 7 FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA ------------------------------------X DISCOVER BANK INDEX NO. 2018EF/0032 PLAINTIFF, SUPPLEMENTAL - AGAINST - AFFIDAVIT OF FACTS DENNIS E GRAHAM BY ORIGINAL CREDITOR DEFENDANT . ------------------------------------X STATE OF OHIO ) )ss. COUNTY OF FRANKLIN ) The undersigned, being duly sworn, deposes and says: 1. My name is . I am an employee of Discover Products Inc., succe sor by merger to DB Servicing Corporation, the servicing affiliate of credit card accounts owned by Plaintiff Discover Bank. I am a custodian of records for Discover Products Inc., and I am duly authorized to make the following representations. I make this supplemental affidavit in support of Plaintiff Discover Bank's request for the entry of judgment in this matter against DENNIS E GRAHAM. ("Defendant"). 2. Defendant's credit card account was originated by Discover Bank. Discover Products Inc. exclusively services and maintains the business records, including the account information related to the Defendant's account, on behalf of Discover Bank. Discover Products Inc. does not collect debts for any creditors other than Discover Bank. As custodian of records for Discover Bank, I have personal knowledge of the facts set forth in the accompanying Affidavit of Facts Original Creditor ("Affidavit of Facts" based upon by Facts") my review of the records created, maintained, and stored by Discover Products Inc. The above statements are true and correct to the best of my personal knowledge. . Dated: 2 2(o By Sworn to before me this AW Prin a ame he day of 4, , 20 FORSTER & GARBUS ATTYS FOR PLAINTIFF otary P lic 60 MOTOR PARKWAY, COMMACK NY 11725 631-393-9400 2/15/18 ~qgII i i i irr RlA p S rrr Ruby D Cordova = State ofOhio *- eeNotaryPublic, -* :* My Commission Expires August 23, 2021 OF I I I 1i I i i ala 2 of 7 FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018 I,Aaron Wilson, Esq., an attorney-at-law of the State of Ohio who resides in the State of Ohio and is fully acquainted with the laws of the State of Ohio pertaining to the acknowledgment or proof of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to make this Certificate of Conformity pursuant to 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgment or proof upon the foregoing document in the above referenced matter notarized by Ruby D Cordova a Notary Public in the State of Ohio, in the manner prescribed by the laws of the State of Ohio and conforms to the laws thereof in allrespects. 26* IN WITNESS WHEREOF, I have set my hand and affixed my seal to this document, this 26 day of February 2018. C'' Aaron Wi on, Esq. (Ohio erne Ct. #0083516) 3 of 7 FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018 ' A5"~ Discover' °re® More Card DISCSVER Account number in 1797 ending Open Date: Mar 27, 2016-Close Date: Apr 26, 2016 Cardmember Since 1994 Page 1 of 4 ACCOUNT SUMMARY PAYMENT INFORMATION ' ' ' Previous Balance $20,955.87 New Balance $21,392.48 + Payments and Credits $0.00 Minimum Payment Due * $3,342.00 Purchases + 50.00 Payment Due Date May 21, 2016 Balance Transfers + $O.00 * Includes past due amount of: $2885.00 Cash Advances + SO.00 Fees Charged + $35.00 Late Payment Warning: If we do not receive your minimum payment by the Interest Charged + $401.61 date listed above, you may have to pay a late fee of up to $35.00 and your purchase and balance transfer APRsfor new transactions may be increased up to New Balance $21,392.48 the Penalty APR of 26.49% variable. Calculation See interest Charge section following the Minimum Payment Warning: if you make only the minimum payment each section for detailed Transactions APR information you will pay more in interest and it will take you longer to pay off your period, CreditLine $19,400 balance.For example: CreditLine Available $O if you make charges Youwill pay ofFihe . Andyouwillendu using thiscard andeach mon balance ownon this payinganestim total Cash Advance Credit Line 57,400 youpay... statementinabout. of-, Cash Advance Credit Line Available $0 Only the minimumpayment 75 years $190,334 You may be able to avoid interest on Purchases. like information if you would about credit counseling services, call 1-800-347-1121. See reverse for details. ' RCO® Credit Score Available REWARDS Bonus® Ann versary Month The FICO® Credit Score for the primary cardmember on Cashback April online at Discover.com or with the this account is available Balance $ 0.00 Opening Discover mobile app. New Cashback Bonus This Period + $ 0.00 Redeemed This Period - $ -S 0.00 Cashback Bonus Balance $ 0.00 Please make check payable You are overlimit. to Discover. Pay the sum of the Minimum Payment Due plus the remaining To learn more, log in at Discover.com overlimit amount of $1992.48. Make Check payableto Oiscover. NOTICE; SEE REVERSESIDE FOR IIMPORTANT INFORIIIIATION easefold on he perforation below, detachand return with your payment Payment Coupon Please do not fold, clip or staple. ~ - Pay Online Discover.com ~ ~ Pay by Phone 1-800-347-2683 Accountnumber ending in 1797 Minimum Payment Due $3,342.00 New Balance $21)392 48 IIIIIIIII IIIIIIIII IIIII IIIIII Illll«lllI IIII Payment Due Date May 21, 2016 DENNIS E GRAHAM Amountenclosed $ DENNIS GRAHAM 6822 22ND AVE N ty G6639 ST PETERSBURG FL 33710-3918 PO BOX 71084 CHARLOTTE NC 28272-1084 IIIIIIIII»IIIIII IIIIIIIIII IIIIIIIIIIIIIII I IIIIIIII III Phoneand Internetpaymentsmustbe receivedby SPMETto be creditedas of the sameday. Address, e-mail or telephone changed? Note changeson reverseside. 00000198I 45858648530I 213924600062590334200 4 of 7 FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018 DENNIS E GRAHAM Accountnumber ending in 1797 Open Date: Mar27, 2016-Close Date: Apr 26, 2016 Page 2 of 4 Importantinformation You must ensure that sufficient funds are available in your bank account, and See yourCardmember Agreernent.Your Cardmember Agreement all transactions must comply with U.S. law. contains all the terms of your Account. You can set automatic payments for: (i) statement New Balance, (ii) statement Lost or stolen cards.Report immediatelyl Call1-800-347-2683. Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed . dollaramount,or (iv) Other dollar amount. If your scheduled "Other dollar What To Do If You ThinkYou Fmd A Mistake On Your Statement amount" payment If you think there is an error on your is not enough to cover the Minimum Payment Due as listed statement, write to us at: Discover, PO on your monthly your Box 30421,Salt Lake City, UT 84130-0421. You must write to us within statement, billing scheduled paymentfor that month 60 will be increased to cover the Minimum Payment Due. If the scheduled days after the error op earedon your statement. You may call us, but if you do we ore not requirecÎto investigate any potential paymen is greater than the Minimum Payment Due, any excess will be and you may have errors, appliedin accordance with your CardmemberAgreement. If your scheduled to pay the amount The Billing Rights Notice further in question. explains your Payment is greater than the New Balance on your billing that statement, rights. Agreement Please see your Cardmember or visit for a copy of this notice, payment will be processed only for the amount of your New Balance. Your https://discover.com/billingrights automaticpayment amount may be less than the amount indicatedon the statement based on credits or payments after the Close Date, billing Payments. You may pay all or part of your Account balance at antime. However, you must pay at least the Minimum Payment Due by the payment ayment Due Date. Send only your payment and the bottom portionof this statement If you enroll by phonein our automatic payment service, please fill-in the in the envelope provided after offixing postage.Payments sent without proper blanks below and retain the authorization fo lowing for your records. postage will be returned to the sender. Do not send cash. If you pay by our check to make an Amount: O Full Pa DMin Pa OMin Pa + $ check, you authorize us to use information on fund transfer from electronic our accountat the financial institution indicated O OtherAmount$ ; Bank Routing #: on your check or to process the payment as a check transaction. If a payment ; is processed as an electronic fund the transfer will transfer, be for the amount Bank Account# ; of the check. When we use information from your check to make an electronic funds may be withdrawn fund transfer, from our account as soon Monthl Y on the O u PaYment Due Date 0 Close Date as the same day we receive your payment, and you wilnot receive your check back from your financial institution. O Day of month[insert date) The processing of your payment if you send cash, corres. CreditReporting.We may reportinformation about your Account to credit may be delayed pondence or other items with your payments, if you send the payment to any bureaus.Late payments, missed payments, or other defaults on your Account other address, or if you use an envelope other than the one provided.may be reflected in your credit report. We normally report the status and Payments received in proper form at our processing facility by 5PM local time payment history of your Account to credit reporting agencies each month. If you believe that our report to your Account as of that day. Payments received on any day will be credited is inaccurate or incomplete, please write us at this at our processing facility after 5PM1ocal be credited to your Account time will address:Discover, PO Box 15316, Wilmington,DE I9850-5316.Please as of the next day. send your payment your envelope, If you have misplaced include your number name, address, home telephone and Accountnumber. to Discover, PO Box 6103, CarolStream,IL 601976103. Please allow 7·10 days for delivery. If your payment is returned unpaid,we reserve the right to Paying Interest. Your due date is at least 25 days after the close of each resubmitit as an electronic debit. Payments made onlineor by phone will be period billing (at least 23 days for billing periods that begin in February), We credited as of the day of receipt if made by 5 PM Eastern time. will not charge you any interest on Purchases if you pay your entire balance by the due date each month. We will begin charging interest on Cash You can pay your monthly Minimum Payment Due, or a greater amount that Advances and Balance Transfers as of the later of the Transaction Date or the does not exceed your current Account balance,over the telephone or you can first day of the billing periodin which the transaction posted to your Account. payments through setup automatic a customer service representative by 1-800-347-2683. calling Automaticpayments for the billing periodshown How We CalculateInterestCharges.We Use the Daily Balance Method on yourstatement will be deducted on the Payment Due Date shown on that current transactions) (including to calculate the Balance Subject to Interest statement, or the next automatic paymentdate referred to on your statement, Rate.For more information, call please us at1-800-347-2683. unless you request a recurring date (e. 15* payment ., the day of the month) that occurs before your Payment ue Date or C ose Date. If your scheduled Balance Sub®ecttoInterest Rate. Your statement shows a Balance Subject payment datefalls on aweekend or bankholiday,yourpayment will be It shows this for each transaction to interest Ra e. category.The Balance processed the business day prior to the weekend or bank In order to holiday. Sub e t to Interest Rate is the average of the daily balances during the billing penod. schedule monthly you will need this statement and payments by telephone, your bank account You will be asked to provide information. the last four (4) CreditBalances. If your Account has a credit balance, the amountis shown digits of the social security number of the primary borrower.By providing on the front of your billing A credit balance statement. is money that is owed those numbers as your electronic you signature, willbeagreeingto this toyou. You may make chargesagainst amount this ifyourAccountis open. to ollow authorization bank to deduct each payment us ond your you We will send you a refund of any remaining balanceof $1.00or more after in authorize, theamount selected by you,fromyour bank occount. You also 6 months, or as otherwise requiredby applicable law, or upon request made authorize debit or credit entries to your bank account, us to initiate as to the address in the Contact Us section on page 3 of your billing statement. in the processing of such payment. to correct an error You can cancel a scheduled payment by phone at 1-800-347-2683or by mail at Balance Balance Transfers are offered Transfers. at our discretion and Discover, PO Box 30421, UT 84130-0421; Salt Lake City, payment accrue interest at the standard purchase rate unless we tell you otherwise. must be received before cancellations 5 PM ET of the scheduled withdrawal . . and/or Discover may monitor record telephone calls between you and date. we will tell you on each monthly If your payments may vary in amount, Discover representatives for quality statement when your payment will be made and how much it will be. assurance purposes. billing The Discover®card is issued by Discover Bank, Member FDIC. TL23-24N.0215 CHANGE OF ADDRESS If correct on front, in blue or black ink, in the space provided. do not use. Please print clearly Street Address Home Phone Work Phone City Email State, Zip To make changes to your address, email or telephone number, visitDiscover.com ContInuedon nextpage 5 of 7 FILED: ONONDAGA COUNTY CLERK 04/09/2018 11:30 AM INDEX NO. 000032/2018 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/09/2018 DISCOVER' Discover® More® Card DISCGVER Accountnumber ending in 1797 Open - Close Date: Apr 26, 2016 Date: Mar 27, 2016 Page 3 of 4 CONTACT US Web Mobile Phone Inquiry MailPayments - Access your m Manage your 1-800-DISCOVER Discover Discover account securely account anytime, (l-800-347-2683) PO Box 30943 PO Box 6103 at Discover.com anywhere at TDD 1-800-347-7449 Salt Lake City CarolStream m.Discover.com UT 84130 IL 60197-6103 ,f Transactions Trans.Date Post Date Fees Apr 21 Apr 21 LATE FEE 5 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Charged Interest INTERESTCHARGE ON PURCHASES $ 264.23 INTERESTCHARGE ON CASH ADVANCES 137.38 INTERESTCHARGE ON BALANCE TRANSFERS 0.00 TOTAL INTEREST FOR THIS PERIOD 401.61 2016 Totals Year-to-Date TOTAL FEES CHARGED IN2016 5 140.00 TOTAL INTEREST CHARGED IN 2016 5 1,533.58 Interest Charge Calculation Your Annual PercentageRate (APR) is the annual interestrate on your account Current Period:31 Billing days ANNUAL PERCENTAGE RATE BALANCE SUBJECT TO TYPE OF BALANCE