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  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Raymond White Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

Preview

FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM INDEX NO. 000401-2019 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 Mary F. Strickland , County Cl Livingston County Government Ce 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' 243-7010 ~ Fax 243-792 (585) (585) Livingston County Clerk Recording P Received From: Return To: MITCHELL G. SLAMOWITZ MITCHELL G. SLAMOWIT 199 CROSSWAYS PARK DRIVE 199 CROSSWAYS PAR WOODBURY, NY 11797 WOODBURY, NY 11797 ACTION - AFFIDAVI Document Type: CIVIL MISC Document Desc: Plaintiff Defendant DISCOVER BANK WHITE RAYMOND Recorded Information: State of New York Index #: 000401-2019 County of Livingston EFiling through NYSCE Livingston This sheet condHL s the Clerk's endeme!"ent required by section 319 of the Real Property Law 1 of 17 Index INDEX # NO.: 000401-2019 000401-2019 FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON - - INDEX NUMBER: DISCOVER BANK 000401-2019 PLAINTIFF, FILE NO. D156694 -AGAINST- RAYMOND WHITE AFFIDAVIT OF DEFENDANT(S). FACTS STATE OF OHIO ) ss: COUNTY OF FRANKLIN ) n . // b /h y , being duly sworn, deposes and says that: 1. I am a Litigation Support Coordinator for Discover Products Inc., the servicing affiliate and custodian of records for Plaintiff, and I have personal knowledge of and access to Plaintiffs books and records ("Business Records"), including electronic records, relating to the account ("Account") of RAYMOND WHITE ("Defendant"). The last four digits of the Account number are 2244. In my position, I have personal knowledge of Plaintiffs procedures for creating and maintaining itsBusiness Records. Plaintiffs 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 Plaintiffs 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 allgoods, services, and cash advances provided pursuant to the Agreement. The amount of the lastpayment made by Defendant was $ { f(). DO , received on or about - Ê, as set forth in the attached Account Itemization. Defendant is now in default and demand for 2 of 17 Index NO. INDEX #: 000401-2019 000401-2019 FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 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 $6,564.07 on the Account. This amount includes a charge-off balance of $6,564.07, as evidenced in the attached cardmember statement. Wherefore, deponent demands judgment against Defendant for $6,564.07, together with the disbursements of this action. The above statements are true and correct to the best of my personal knowledge. Name The foregoing instrument was subscribed and sworn to before me this b day of Notary P lic Franklin T Akers - Ohio Public Notary * Expires Commission My 2019 July 15, 3 of 17 Index NO. INDEX #: 000401-2019 000401-2019 FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON INDEX NUMBER: DISCOVER BANK 000401-2019 PLAINTIFF, FILE NO. D156694 -AGAINST- RAYMOND WHITE SUPPLEMENTAL DEFENDANT(S). AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR STATE OF OHIO ) ss: COUNTY OF FRANKLIN ) The undersigned, being duly sworn, deposes and says: 1. My name is ( ) f) )c €f / (/) . Iam a Litigation Support Coordinator for Discover Products Inc., a wholly-owned subsidiary and 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 RAYMOND WHITE ("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 Products Inc., 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, 4 of 17 Index NO. INDEX #: 000401-2019 000401-2019 FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 maintained, and stored by Discover Products Inc. The foregoing statements are true and correct to the best of my personal knowledge. Dated: p- b - Sworn to before me this day of (la yc , 019. Nota u ,,, T Akers Franklin - Ohio Public Notary * Expires Commission My 2019 July 15, ,,,,mo 5 of 17 Index NO. INDEX #: 000401-2019 000401-2019 FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 DISCOVER BANK Account Itemization Account Number Ending in 2244 Original Creditor DISCOVER BANK Last four of SSN 9087 Borrowers Full Name RAYMOND WHITE Last Payment Date On or about Last Payment Amount $ po.DO Charge Off Date February 28, 2019 Charge Off Balance $6,564.07 Total of Post Charge Off Interest $ Total Post Charge Off Charges and Fees $ Total Post Charge Off Credits $ Current Balance $ 6 of 17 Index NO. INDEX #: 000401-2019 000401-2019 FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 it® Discover chrome Card DISCOVER Account number in 2244 ending Open Date: Jun 1 7, 2018- Close Date: Jul 16, 2018 Cardmember Since 2005 Page 1 of 6 ACCOUNT SUMMARY PAYMENT INFORMATION Previous Balance $5,851.23 New Balance $5,712.29 Payments and Credits - $260.00 Minimum Payment Due $1 15.00 Purchases + $0.00 Payment Due Date August 11, 2018 Balance Transfers + $0.00 Cash Advances + $0.00 Late Pay;-a;-a Warning: If we do not receive your minimum payment by the Fees Charged + $50.39 date listed above, you may have to pay a late fee of up to $37.00. Interest Charged + $70.67 ^^!r!rrr Payment Warning: If you make only the minimum payment each New Balance $5 ,712.29 Period, you will pay more in interest and it will take you longer to pay off your balance.For example: See Interest Charge Calculation section following the section for detailed Transactions APR information If you make no additionalcharges Youwill pay off theAnd you willend up using thiscard and eachmonlh balance shownon Ihis payingwestimuled1olul CreditLine $9,900 you pay.., statementin about... of... CreditLine Available $4,187 Only the minimumpayment 18 years $12 ,707 $197 3 years $7,102 Cash Advance CreditLine $2,500 (Savings=$5,605) Cash Advance CreditLine Available $2,500 . If you would like information aboutcredit counseling services, call 1-800-347-1121. You may be able to avoid interest on Purchases. See reverse for details. REWARDS Bonus® Month Anniversary Cashback January Opening Balance $ 141.44 New Cashback Bonus This Period Everywhere Else + $ 0.50 Redeemed This Period - $ 0.00 Cashback Bonus Balance $ 141.94 To learn more, log in at Discover.com New York Residents:For more information call us at 1-800-347-3085. You may contact the New York State Department of Financial Services at 1-800-342-3736 or visit www.dfs.ny.govfor free comparative credit card rates, fees and graceperiods. Make Check payable to Discover. Do Not Send Cash. NOTICE: SEE REVERSESIDE FOR IMPORTANT INFORMATION Please fold on the ;:-r:::E:: below, detach and return with your payment. Payment Coupon Pay Online Pay by Phone Accounbumber in 2ÑÏ ending Please do not fold, clip or staple. Discover.com 1-800-347-3085 Minimum Payment Due $115.00 New Balance $5,712 29 I.g..g.II. - !!! ' 41 -A- AA-A-AA.A-A--A T r T -r AAA AF Ar Ar At r Ar r - - - - AAA-- ---A----:a - II AF -- lil Payment Due Date August 11, 2018 RAYMOND WHITE Amountenclosed $ 16 OAK ST AVON NY 14414-1319 PO BOX 71084 CHARLOTTE NC 28272-1084 ..g.Au-igg.g.I.g..min ' n g...igigg.g.g.g....m... I run AAlt--"A"III--A--g Phoneand internet paymentsmustbe receivedbefore midnight ETon your due date to be -ugg ggli'-AEA1I AA-A-111--AA-A- creditedas of the sameday. changed? Note changeson reverseside. Address, e-maig or "-d:pE.::: 000001986458153932567057122900260000011500 7 of 17 INDEX #: Index NO.000401-2019 000401-2019 FILED: LIVINGSTON COUNTY CLERK 07/17/2019 04:24 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/17/2019 RAYMOND WHITE Accountnumber endingin 2244 Open Date: Jun 17, 2018 - Close Date: Jul 16, 2018 Page 2 of 6 Important Information You can set automatic payments for:(i) statement New Balance, (ii) statement See yourCardmember Agreement.Your Cardmember Agreement contains Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed all the terms of your Account. dollaramount,or (iv) other dollar amount. If your scheduled "Other dollar amount" payment is not enough to cover the Minimum Payment Due as listed Lost or stolen cards.Report immediately! Call1-800-347-3085. on your monthly your scheduled statement, billing payment for that month What To Do If You Think You Find A MistakeOn Your Sªr" =± will be increased to cover the Minimum Payment Due. If the scheduled If you think there is an error on yourstatement, write to us at Discover, PO payment is greater than the MinimumPayment Due, any excess will be Box 30421,Salt Lake City, UT 84130-0421, or submit the form providedat appliedin accordance with yourCardmember Agreement. If your scheduled You must contact https://discover.com/billingerrornotice. us within 60 days payment is greater than the New Balance on your billing statement, that after the error appeared You may call us, but if you do on your statement. payment will be processed only for the amount of yourNew Balance. Your we are not required to investigate any potential and you may have to errors, automaticpayment amount may be less than the amount indicated on the pay theamount in question. Rights The Billing Notice further explains your statement billing based on credits or payments after the Close Date. rights. Please see your Cardmember Agreement or visit for a copy of this Notice. https://discover.com/billingrights If you enroll by phonein our automatic paymentservice, please fill-in the blanks below following and retain the authorization for your records. Payments. You may pay all or part of your Account balanceat any time. However, Payment Due by the Payment you must pay at least the Minimum Amount: O Full Pay O Min Pay U Min Pay+ $ ; Due Date. Send only your allowable form of paymen "Payment")and the of this statement in the envelope provi O Other Amount$ ;Bank Routing #: bottom portion ed, after affixing postage.Payments sent without properpostage will be returned to the Bank Account# sender.If you pay by check, you authanze us to use information on your check to make an electronic fund transfer from your account at the financial Monthlyon the O Payment Due Date institution on your check or to process the payment indicated as a check If a Payment is processed as an electronic transaction. the und transfer, O Day of month(insert date) transfer be for will the amountof the check, funds may be withdrawnfrom your account Credit as soon as the same day we receive your check, and you will Reporting.We may reportinformationaboutyour Account to credit not receive your check back. bureaus.Late payments, missed payments,or other defaults on your Account may be reflected in your credit report. We normally the status and report Please donot send cash is not allowed. cash. Sending The processing of payment history of your Account to credit reporting agencies each month. If yourallowableform of Payment may be delayed if you send cash or you believe that our report is inaccurate or incomplete, us at this please write correspondencewith yourPayments, if you send the Payment to any otheraddress:Discover, PO Box 15316, Wilmington,DE 19850-5316. Please address or if you use an envelope other than the one provided. Payments include your home telephonenumber and Accountnumber. name, address, received at our processing facility by 5PM local time on any day will be credited to your Account as of that day. Pa ments received at our processing Interest. Your due date is at least 25 da s after the close of each faciliafter5PM local time will be credite to your Account as of the next Paying period billing (at least 23 days for periods that begin billing in February). We day. fyou havemisplaced send your your envelope, Payment to Discover, PO Box 6103, IL60197-6103. Pleaseallow7-10 days for will not charge you any interest on Purchases if you pay your entire balance CarolStream, . delivery. If your Payment is returned unpaid by the due date each month. we reserve the right to resubmit We willbegin char ging interest on Cash it as on electronic debit. or by phone will be credited Payments made online Advances and Balance Transfers as of the later of the Transaction Date or the as of the day of receipt if made by MidnightET on the Payment Due Date or first day of the billing penod in which the transaction posted to your Account. 5PM ET on any other day. How We CalculateInterestCharges.We Use the Daily Balance Method You can also make a Payment or set up automatic payments by calling current transactions) (including to calculate the Balance Subject to Interest 1-800-347-3085. Automaticpayments for the billing periodshown on your Rate.For more information, please call us at 1-800-347-3085. statement will be deducted on the Payment Due Date shown on that or statement, thenextautornatic payment datereferred to onyour statement, Balance SubjecttoInterestRate. Your statement shows a Balance Subject unless you request a recurnng payment date that occurs before your Payment to Interest Rate. It shows this for each transaction The Balance category. Due Date.If your scheduled payment date falls on a weekend or bank your pa be processed the business day prior ment will to the Subject to Interest Rate is the average of the daily balances durin 9 the billing holiday, Perio . weekend or ban holiday.In order to schedule monthly payments by telephoneyou willneed this statement and ourbank accountinformation. . You will be asked to provide the lost four igits of the social security CreditBalances. If your Account has a credit balance, the amountis shown number of the primary borroweras your e tronic signature.By providing on the front of yourbillmg A statement. credit balance is money that is owed those numbers you will to this authorization be agreeing to allowus and to you.You may make charges against this amount if your Account is open. your you bank to deduct each payment in authorize, theamount selected by We will send you a refund of any remaining balance of $1.00 or more after you,from yourbank account.You alsoauthorize usto initiate debit or credit 6 months, or as otherwise requiredby applicable law, or upon request made entries to your bank account, to correct an error as applicable, in the to the address in the Contact Us section on page 3 of your billing statement. You can cancel a scheduled processing of such payment. payment by phone at 1-800-347-3085 or by mail at Discover, PO Box 30421 Salt Lake City, Balance Transfers. Balance Transfers are offered at our discretion and UT 84130-0421; paymentcancellations mustbe receivedISefore 5PM ET of accrue interest at the standard