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
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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
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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,
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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,
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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
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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 $
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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
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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