Preview
FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Discover Bank
Plainti ff
v.
Miguel Dejesus
Defendant.
Case No.
AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
The undersigned, being duly sworn, deposes and says:
1. I am a Litigation Support Coordinator for Discover Products Inc., the servicing affiliate of
Discover Bank, and I have personal knowledge of and access to Plaintiff's books and records
("Business Records"), including electronic records, relating to the account ("Account") of
Miguel Dejesus. The last four digits of the Account number are ************4118.
2. In my position, I have personal knowledge of Discover Products Inc.'s procedures for
creating and maintaining itsBusiness Records. These Business Records were made in the
regular course of business and itwas 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 the Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. 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 Jhe last payment, ifany, made by Defendant was $ Jd0,00 , made on or
about 5/J/2o2O . Defendant is now in default and demand for payment
has been made. A true and correct copy of the Agreement with the charge-off balance is attached
as an exhibit to this affidavit.
4. At this Defendant owes $7,867.73 on the Account. This amount includes a charge-
time,
off balance of $8,367.73, 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 $500.00.
WHEREFORE, deponent demands judgment against Defendant for $7,867.73, together with the
costs and disbursements of this action and statutory post judgment interest.
The above statements are true and correct to the best of my personal knowled re.
Dated: b? )) 02.)
[ Name]
Tad
Sworn o before me this
U v
day
o f , 20 DANIELLE A GRASSO
if PUBLIC - OHIO
NOTARY
EXPlRES 05-08-24
MY COMMISSION
(A
Notary Public
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FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
Discover Bank
Plaintiff
v.
Miguel Dejesus
Defendant.
Case No.
SUPPLEMENTAL AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
The undersigned, being duly sworn, deposes and says:
1. name is CL . I am a Litigation Support
My
Coordinator for Discover Products Inc., successor 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 Miguel
Dejesus ("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 by Original Creditor ("Affidavit of Facts") based
upon my review of the records created, maintained, and stored by Discover Products Inc.
The above are and correct the best
h°
statements true to of my personal knowledge.
Dated: f )l ÃŽ202.1
ocW'
Name: -y v i l
Sworn to before me this day
of )|f\1 , 20
1(
otary Public
DANIELLE A GRASSO
PUBLIC - OHIO
NOTARY
f. EXPlRES 05-08-24
MY COMMISSION
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FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
DISCcVER DISCOVER® MORE® CARDENDINGIN4118
CARDMEMBERSINCE 2012
Account o2/26/2020-o2/2s/2020 Payment Information
Summary
PreviousBalance $8,367.73 New Balance Minimum Payment Payment Due Date
Payments and Credits -$8,367.73
50.00 $1,151.71 03/23/2020
Purchases +$0.00
Balance Transfers +$0.00 Late payment warning:
If we do not receive your minimum
payment by the date
Cash Advances +$0.00 listed
above, you may have to pay a late fee of up to $39.00
and your purchase and
balance transfer APRs for new transactions
may be Increased up to the Penalty APR
Fees Charged +$0.00
of 29.99%.
Charged
Interest +$0.00
New Balance: $0.00
See Interest Charge Calculationsection
followingthe
Fees and
Charged section for detailed
Interest APR information
CreditLine $9,000
CreditLine Available $0
Cash Advance CreditLine $1,800
Cash Advance CreditLine Available $0
Your FICO®Score is unavailable.
Log in at Discover.com/FICO or
contact us at 1-800-347-2683
to learn why.
New York Residents: call us at 1-800-
For more information
347-2683.You may contact the New York State Department of
Financial Services at 1-800-342-3736 for
or visit www.dfs.ny.gov
free information credit card rates, fees and grace
on comparative
periods.
Notice: See reverse side for importantinformation
Pa ment Coupon ACCOUNTNUMBERENDINGIN 4118
Detach at perforation above and return with check payable to
New Balance SO.00
Discover. Do not fold, clip, staple or send cash.
Minimum Payment Due $1,151.71
Payment Due Date 03/23/2020
AmountEnclosed $
MIGUEL DEJESUS , •- For a faster, easier Discover.com 1-800-347-2683
7 W MARKET ST . way !o pav... off times
see reverse for paymenuot
HYDE PARK NY 12538-1303
PO BOX 6103
CAROL STREAM IL 60197-6103
New address, email or phone? Please update on reverse.
000001986458106037696000000000035000115171
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FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
DISCOVER®MORE® CARDENDINGIN4118 Page2 of 4
MIGUELDE)ESUS OPENTOCLOSEDATE:02 / 26/2020 -02/28/
2020
Important Information Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar
amount"
amount, or liv) other dollar amount. If your scheduled "Other dollar
Seeyour CardmemberAgreement. Your CardmemberAgreement contains all the
terms of your Account. payment is not enough to cover the Minimum Payment Due as listed on your monthly
billing statement, your scheduled payment for that month will be increased to cover
Lost or Stolen Cards.Report immediately! Call 1-800-347-2683. the Minimum PaymentDue. If the scheduled payment is greater than the Minimum
Payment Due, any excesswill be applied in accordance with your Cardmember
What To DoIfYouThink
You FindAMistake On Your Statement: If you think there is
Agreement. If your scheduled payment is greater than the New Balanceon your billing
an error on your statement, write to us at Discover, POBox 30421, Salt I.ake City. UT
statement, that payment will be processed only for the amount of your NewBalance.
84130-0421, or submit the form provided at https://discover.com/billingerromotice.
Your automatic payment amount may be less than the amount indicated on the billing
You must contact us within 60 days after the error appeared on your statement. You
statement based on credits or payments after the Close Date.
may call us, but if you do we are not required to investigate any potential errors, and
If you enroll by phone in our automatic payment service, please fill-in the following
you may have to pay the amount in question. The Billing Rights Notice further
explainsyour rights. Pleasesee your CardmemberAgreement or visit blanks below and retain the authorization for your records.
for a copy of this Notice.
https://discover.com/billingrights
Amount
Payments, You may pay all or part of your Account balance at any time. However, you
O Full Pay OMin Pay
must pay at least the Minimum Payment Due by the PaymentDue Date. 5end only
OMin OOther Amount $
Pay+$
your allowable form of payment ("Payment") and the bottom portion of this statement
Bank Routing #
in the envelope provided, after affixing postage. Paymentssent without proper
Bank Account #
postage will be retumed to the sender. Ifyou pay by check. you authorize us to use
informationon your check to make an electronic fund transfer from your account at
Monthly on theOPaymentDue Date, or Û Day of the month (INSERTDATE)
indicated on your check or to process the payment as a check
the financialinstitution
transaction.If a Paymentis processed as an electronic fund transfer, the transfer will
Credit Reporting, Credit Reporting. We may report information about your Account to
be for the amount of the check,funds
may be withdrawn from your account as soon
credit bureaus. Late payments, missed payments, or other defaults on your Account
as the same day we receive your check, and you will not receiveyour check back
may be reflected in your credit report. Wenormallyreport the status and payment
history of your Account to credit reporting agencies each month. If you believe that
Pleasedonot send cash.5ending cash is not allowed. The processing of your
our report is inaccurate or incomplete, please wnte us at this address: Discover. PO
allowable form of Payment may be delayed if you send cash or correspondence with
Box 30939, Salt Lake City, UT84130-0939.
your Payments,ifyou send the Payment to any other address, or if you use an Please include your name.address,
home telephone number and Account number.
envelope other than the one provided. Paymentsreceived at our processing facility
by SPMlocal time on any day will be credited to your Account as of that day.
Paying interest. Your due date is at least 25 days after the close of each billing period
Paymentsreceived at our processing facility after SPMlocal time will be credited to
(at least 23 days for billing periods that begin in February).Wewlil not charge you any
your Account as of the next day. If you have misplaced your envelope, send your
interest on Purchasesif you pay your entire balance by the due date each month. We
Paymentto Discover, POBox 6103, Carol Stream, IL 60197-6103.
Pleaseallow 7-10 will begin charging interest on Cash Advances and Balance Transfersas of the later of
days for delivery. If your Paymentis returned unpaid, we reservethe right to resubmit
the Transaction Date or the first day of the billing period in which the transaction
it as an electronic debit. Paymentsmade online or by phone willbe credited as of the
posted to your Account.
day of receipt if made by 5PM ET.
How We Calculate Interest Charges.We Use the Daily Balance Method (including
You can also makea Paymentor set up automatic payments by calling 1-800-347-
current transactions) to calculate the Balance Subject to Interest Rate.Formore
2683. Automatic payments for the bilhng penod shown on your statement will be
information, please call us at 1-800-347-2683.
deducted on the PaymentDue Date shown on that statement, or the next automalic
payment date referred to on your statement. unless you request a recurring payment Rate. Your statement shows a BalanceSubject to
Balance Subject To Interest
date that occurs before your Payment Due Date. II yuur scheduled payment date falls
Interest Rate. It shows this for each transaction category. The Balance Subject to
on a weekend or bank hohday, your payment will be processed the business day
Interest Rate is the averageof the daily balances during the billing period.
prior to the weekend or bank holiday. In order to schedule monthly payments by
telephone, you will need this statement and your bank account information.You will
Credit Balances. If your Account has a credit balance, the amount is shown on the
be asked to provide the last four (4) digits of the social secunty number of the
front of your billing statement. A credit balance is money that is owed to you. You may
rimary borroweras your electronic signature. By providing those numbers, you will
make charges against this amount if your Account is open. We will sendyou a refund
eagreeing to this authorization to allow us and your bank to deduct each payment
of any remainingbalance of $1,00 or more after6 months, or as otherwise required
by applicable law, or upon request made to the address in the Contact Us section on
you authorize, in the amount selected by you, from your bank account. You also
authorize us to initiate debit or credit entries to your bank account, as applicable, to
page 3 of your billing statement.
correct an error in the processing of such payment. You can cancel a scheduled
BalanceTransfers, BalanceTransfersareoffered at our discretion and accrue interest
payment by phone at 1 800 347 2683 or by mail at Dh,cover, POBox 30421, Salt
Lake City, UT84130-0421: at the standard purchase rate unless we tell you otherwise.
payment cancellations must be received before 5 PM ET
of the scheduled withdrawal date. Payments from Cashback Bonus cannot be
record telephone calls between you and Discover
Discover may monitorand/or
modified or cancelled after being made or scheduled.
representatives for quality assurance purposes.
If your payments mayvary in amount, we will tell you on each monthly billing
Send inquiries to Discover, POBox30943
statement when your payment will be made and how much it will be. You must ensure Salt Lake City UT84130
that sufficient funds are availablein your bank account, and all transactions must
The Discover® card is issued by Discover Bank, Member FDIC.
comply with U.S. law· TL23-27N.1219
You can set up automatic payments for: (i) statement New Balance.(ii) statement
Change of Address
If correct on front, do not use.To make changesto your address, email or telephone number, please print clearly in blue or black ink, in the space provided or visit Discover.com.
StreetAddress HomePhone
WorkPhone
City Email
State,Zip
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
ONLINE PHONE PAYMENTS Page3 of 4
DISC©VER
Discover.com or 1-800-347-2683 Discover DISCOVER® MORE® CARDENDINGIN4118
download our app TDD 1-800-347-7449 POBox 6103 OPENTOCLOSEDATE:02/26/2020 - 02/28/2020
Carol Stream
IL 60197-6103
Bonus®
Transactions Cashback Rewards
TRANS. Anniversary Month May
DATE PAYMENTSAND CREDITS AMOUNT
PREVIOUS BALANCE $0.00
02/28 CHARGE OFF ACCOUNT-PRINCIPALS -$8,367.73
EARNED THIS PERIOD +$0.00
REDEEMED THIS PERIOD -$0.00
Fees and Interest Charged
CASHBACK BONUS BALANCE $0.00
TOTAL FEES FOR THIS PERIOD $0.00
TOTAL INTEREST FOR THIS PERIOD $0.00
2020 TOTALSYEAR-TO-DATECHARGED AMOUNT
TOTALFEESCHARGEDIN 2020 $0.00
TOTALINTERESTCHARGEDIN 2020 $14.06
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest
rate on your account.
CURRENTBILLING PERIOD:3 DAYS
PROMO BALANCESUB)ECT INTEREST
APR' EXPIRES"
TYPEOF BALANCE APR TO INTERESTRATE CHARGE
Purchases
04/14/2019 and after 0.99% *** $0.00 $0.00
05/09/2012 to 04/13/2019 0.99% *** $0.00 $0.00
Cash Advances 0.99% *** $0.00 $0.00
V = VARIABLERATE
* If your account is a special program or is placed into oneduring the term of the offer, you will
currently enrolledin
receive the benefit of the lower rate while the special program is in effect, This includes, if applicable, any lower
rates as authorized under the ServicemembersCivil Relief Act.
** This is the date your promotionat rate expires and the
remaining balance will be moved to your standard APR
disclosed when you accepted the offer. Pleasenote: Changing your payment due date may change your PromoAPR
Expiration Date.
***Formore information, please call us at 1-800-347-2683.
Information For You
Availabilityof FICO® CreditScore
As an active you may see yourFICO® Credit Score on your statementor online. FICO®Credit Score
Reasons why you may not see your
cardmember, monthly
include:
if you opt out; if you have key information or missing,
that is mismatched as one example,an address change that has not been updated with Discover
or TransUnion; if your credit is too new; if your account status
history is abandoned, fraud, lost or stolen,
bankrupt, revoked, or charged off; if you have a
closed,
address. Your FICO®Score is disclosed
foreign on statements
when your statement
is available.
You may not receive a statement
if you have no account activity
such as no purchase transactions, or payments for approximately
fees, interest, 30 days.
of the Fair Isaac Corporation
FICOis a registered trademark in the United States and other countries.
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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
DISCOVER®MORE® CARDENDINGIN4118 Page4 of 4
MIGUELDEJESUS OPENTOCLOSEDATE:O2/26/2020 - O2/28/2020
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FILED: DUTCHESS COUNTY CLERK 08/11/2021 05:30 PM INDEX NO. 2021-50258
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 08/11/2021
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 proofupon the foregoing document in the above
referenced matter notarized by Danielle A Grasso 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 all respects.
11d2
IN WITNESS WHEREOF, I have set my hand and affixed my seal tothis document, this
day of June 2021.
Aaron Wilso sq. (Ohio Supreme Ct. #0083516)
Attorney at aw, State of Ohio
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