Preview
FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
INDEX NUMBER:
DISCOVER BANK 2021-00061622
PLAINTIFF, FILE NO. D162531
-AGAINST-
AMBER LAUBACH AFFIDAVIT OF
DEFENDANT(S). FACTS
STATE OF OHIO )
Ss:
COUNTY OF FRANKLIN )
b , 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 AMBER LAUBACH
("Defendant"). The last four digits of the Account number are 9976. In my
position, I have personal knowledge of Plaintiffs procedures for creating and
maintaining itsBusiness Records. Plaintiff s 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 all goods, services, and cash advances provided pursuant
to the Agreement. The amount of the last payment made by Defendant was
$ .QÛ , received on or about , as setforth in the
attached Account Itemization. Defendant is now in default and demand for
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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 $11,188.34 on theAccount. This amount includes a
charge-off balance of $11,188.34, as evidenced in the attached cardmember
statement.
Wherefore, deponent demands judgment against Defendant for $11,188.34, 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 day of
/lA1( , 20 2(, by deb bJJ o .
FRANKUN T AKERS
Public,Stateof Ohio
Notary
Comrnission Expires
*E My
15, 2024
July
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
INDEX NUMBER:
DISCOVER BANK 2021-00061622
PLAINTIFF, FILE NO. D162531
-AGAINST-
AMBER LAUBACH 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 hiR All h(G550 . 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
AMBER LAUBACH ("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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maintained, and stored by Discover Products Inc.
The foregoing statements are true and correct to the best of my personal knowledge.
Dated: )
Name
Sworn to before me this day
of , 203.
/t41
Nota ublic
FRANKLIN TAKERS
Public,Stateof Ohio
Notary
* *E Commission Expires
My
July 16, 2024
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021
DISCOVER BANK Account Itemization
Account Number Ending in 9976
Original Creditor DISCOVER BANK
Last four of SSN 2037
Borrowers Full Name AMBER LAUBACH
Last Payment Date On or about 10m
Last Payment Amount $ , Û Û
Charge Off Date November 30, 2020
Charge Off Balance $11,188.34
Total of Post Charge Off Interest $ O
Total Post Charge Off Charges and Fees $
Total Post Charge Off Credits $
Current Balance $
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D!SCOVERIT® CARDENDINGIN9976
DISC VH it
CARDMEMBERSINCE 2019
DISCOVER
Account o6/24/2o20-07 13/2020 Payment information
Summary
Previous Balance $11,360.10 Payment*
New Balance Minimum Payment Due Date
Payments and Credits -$230.00
$11,170.10 $900.00 08/08/2020
Purchases +$0.00
+$0.00 * Includes
past due amountof $676.00
Balance Transfers
Cash Advances +$0,00 Late Payment Warning:
If we do not receive your minimum
payment by the date
Fees Charged +$40,00 listed
above, you may have to pay a late fee of up to $40.00.
InterestCharged +$0.00 ""'""=Payment Warning:if you make only the minimum
payment each period,
you will
pay more in interest
and it will take longerto
pay off your balance. For
New Balance: $11,170.10 example:
See Interest followingthe
Charge Calculationsection Fees and
APR!nWm=*n Ryou make no addinonal You wHi pay off the And you wi9 end up
Charged section for detailed
Interest
balance shown on this
charges using this card and papng an estimated
CreditLine $11,500 each month you pay.. statementin abonL totalof
CreditLine Available $329
Only the minimumpayment 20 years $19,555
Cash Advance CreditLine $5,000
Cash Advance CreditLine Available $329 Ifyouwouldlike informationabout
credit counselingservices, call us at1-800-347-1121.
FICO® Score8 based on TransUnion® data:
AS OF 07/07/20
Updated
Monthly
help explain your score
See Key Factors that
at Discover.com
or visit
our mobileapp
New York Residents: call us at 1-800-
For more information
347-2683. the New York State Department
You may contact of
or visit www.dfs.ny.gov
Financial Services at 1-800-342-3736 for
free information
on comparativecredit card rates, fees and grace
periods.
Notice: Secreverse side for !mpe±:::t
information
Pa ment Coupon ACCOUNT NUMBER ENDINGIN 9976
Detach at perforation above and return with check payable to New Balance $11,170.10
Discover. Do not fold, clip, staple or send cash.
Miriimum Payment Due 5900.00
_ius. .u i-us
__m_ n,gg._um-ii Payment Due Date 08/08/2020
i._.....tt..In!d.
-i-iii r urrI"ii"i r-guirrui"Trrru i 'll
AMBER LAUBACH For a faster, easier Discover.com 1-800-347-2683
70 WICKS RD way to pay--- Seereverse for payment cut off times.
APALACHIN NY 13732-1453
PO BOX 71084
CHARLOTTE NC 28272-1084
n
g.g.: _u_ i ut __untin _n n n .g....gs.
r n an -ir---cri sitiguriiiigr"IIIrirrIII gI ,
New address, on reverse.
email or phone? Please update
000001986623586787124111701000282300090000
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IT® NO. 4 RECEIVED NYSCEF: 04/08/2021
Page2 of 6
DISCOVER CARDENDINGIN9976
AMBER LAUBACH OPENTOCLOSEDATE:06/14/2020 -07/13/2020
|mportetInformation Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar
If your scheduled "Other dollar amount"
amount, or (iv) other dollar amount.
Seeyour CardmemberAgreement. Your Cardmember Agreement 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 Payment Due. If the scheduled payment is greater than the Minimum
Payment Due, any excess will be applied in accordance with your Cardmember
What To Do lfYouThinkYou
FindAMistakeOn 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 Lake City, UT
statement, that payment will be processed only for the amountof your New Balance.
84130-0421,or submit the form provided at https://discover.com/billingerrornotice.
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 yourstatement. You
statement based on credits or payments after the Close Date.
may call
us,butif 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
explains your 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
O Full Pay
Payments. You may pay all or part of your Account balance at any time. However, you O Min Pay
must pay at least the Minimum Payment Due by the Payment Due Date. Send only
O Min Pay+ $ O Other Amount $
your allowable form of payment ("Payment") and the bottom portion of this statement
Bank Routing #
In the envelope provided, after affixing postage. Payments sent without proper ...
Bank Account #
postage will be returned to the sender. If you pay by check, you authorize us to use
information on your check to make an electronic fund transfer from your account at
Monthly on theOeaymentDueDate,orO Day of the month (INSERTDATE)
indicated on your check or to process the paymentas a check
the financialinstitution
transaction. If a Payment is 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 frorn 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 receive your check back.
may be reflected in your credit report. We normally report the status and payment
history of your Account to credit reporting agencies each month. If you believe that
cash. Sending cash is not allowed. The processing of your
Please donotsend our report is inaccurate or mcomplete, please write 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.
Please nclude your name, address,
your Payments, if you send the Paymentto any other address, or if you use an
home telephone number and Account number.
envelope other than the one provided. Payments received at our processing facility
by 5PM local 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
Payments received at our processing facility after 5PM local time will be credited to
(at least 23 days for billing periods that begin in February),Wewill begin charging
your Account as of the next day. If you have misplaced your envelope, send your
interest on CashAdvances and Balance Transfers as of the later of the Transaction
Payment to Discover, POBox 6103, Carol Stream, IL 60197-6103.
Pleaseallow 7-10 Date or the first day of the billing period in which the transaction posted to your
days for delivery. if your Payment is returned unpaid, we reserve the right to resubmit
Account. If you pay the New Balance on your current billing statement by the Payment
or phone
it as an electronic debit. Payments made online
by Eastern
before Midnight Due Date shown on that billing statement, we will not impose interest charges on
Time on any day except your Statement Closing Date will be credited as of the same
New Purchases, New Purchases are Purchases that first appear on the next billing
day; on your Statement Closing Date, online and phone payments must be made
statement. Interest will continue to accrue each day on purchases that appeared on
before 5:00 PM Eastern Time to be credited as of that day. previous billingstatements
until you pay the New Balance in full and will be billed in
the next billing cycle.
You can also make a Payment or set up automatic payments by calling1-800-347-
2683. Automatic payments for the billing period shown on your statement will be.
HowWeCalculateInterest
Charges. we Use the Daily Balance Method (including
deducted on the Payment Due Date shown on that statement, or the next automatic
current transactions) to calculate the Balance Subject to Interest Rate. For more
payment date referred to on your statement, unless you request a recurnng payment
information, please call us at 1-800-347-2683.
date that occurs before your Payment Due Date. In order to schedule monthly
payments by telephone, you will need this statement and your bank account
Balance Subject To Interest Rate.Your statement shows a BalanceSubject to Interest
information. You will be asked to provide the last four (4) digits of the social security
Rate. It shows this for each transaction category. The Balance Subject to Interest Rate
number of the primary borrower as your electronic signature. By providing those
is the averageof the daily balances during the billing period.
numbers, you will be agreeingto this authorization to allow us and your bank to
Credit Balances. If your Account has a credit balance, the amount is shown on the
in the amount selected by you, from your bank
deduct each payment you authorlre,
account. You also authorize us to initiate debit or credit entries to your bank account,
front of your billing statement. A credit balance is money that is owed to you. You may
make charges against this amount ifyour Account is open. We will send you a refund
as applicable, to correct an error in the processing of such payment. You can cancel
of any remainingbalance of $1.00 or more after6 months, or as otherwise required
or modify a payment from your bank account until 5:00 PM EasternTime on the day
such payment is scheduled by calling1-800-347-2683
or by mailat Discover, POBox
by applicable law, or upon request made to the address in the Contact Us section on
Same day online or phone payments from
30421, Salt Lake City, UT84130-0421. page 3 of your billing statement.
made
bank account after
5:00PMEastem Timemay bemodifiedbefore Midnight
BalanceTransfers.Balance Transfers are offered at our discretion and accrue interest
Eastern Timeof that day. Paymentsfrom Cashback Bonus cannot be modified or
cancelled after being made or scheduled. at the standard purchase rate unless we tell you otherwise.
Discover may monitor and/or record telephone calls between you and Discover
If your payments may vary in amount, we will tell you on each monthly billing
representatives for quality assurance purposes,
statement when your payment will be made and how much it will be. You must ensure
lds are available in your bank account, and all transactions must
Send inquiries to Discover, POBox 30943, Salt Lake City, UT84130
y S
The Discover® card is issued by Discover Bank, Member FDIC.
You can set up automatic payments for: (1)statement New Balance, (ii) statement
DIT23-27.0420
Change of Address
if correct on front, do not use.To makechanges to 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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ONLINE PHONE PAYMENTS Page3 of 6
DISC VER it Discover.com or 1-800-347-2683 Discover DISCOVERIT® CARDENDINGIN9976
download our app TDD 1-800-347-7449 PO Box 6103 OPENTOCLOSEDATE:06/14/2020 - 07/13/2020
Carol Stream
IL 60197-6103
TranSaCtionS
ps® RewardS
TRANS. PREVIOUS BALANCE $52.88
DATE PAYMENTSAND CREDITS AMOUNT
EARNED THIS PERIOD +$0.00
07/08 INTERNET PAYMENT - THANK YOU -$178.00
REDEEMED THIS PERIOD -$52.00
07/08 CASHBACK BONUS REDEMPTION PYMT/STMT CRDT -$52.00
CASHBACK BONUS BALANCE $0.88
FeeS and ntereSt Charged
FEESFORTHIS PERIOD AMOUNT
LATEFEE $40.00
TOTAL FEES FOR THIS PERIOD $40.00
TOTAL INTEREST FOR THIS PERIOD $0.00
2020 TOTALSYEAR-TO-DATECHARGED AMOUNT
TOTAL FEESCHARGEDIN 2020 $186.00
TOTALINTERESTCHARGEDIN 2020 $0.00
IntereSt Charge Calculation
Your AnnualPercentage Rate (APR) is the annual
interest
rate on your account.
CURRENTBILLING PERIOD: 30 DAYS
PROMO BALANCESUBJECT INTEREST
APR* EXPIRES**
TYPEOFBALANCE APR TO INTERESTRATE CHARGE
Purchases 0.00% 12/13/20 $11,314.09 $0.00
Cash Advances 24.99% V N/A $0.00 $0.00
V = VARIABLERATE
* If your account is
currently enrolled in a special program or is placed into one duringthe
term of the offer, you will
the lower rate while the special program is in effect. This includes,if
receive the benefitof applicable, any lower
rates as authorized under the Servicemembers Civil Relief Act.
** This is the date your promotionatrate
expires and the remaining balance will be moved to your standard APR
disclosed when you accepted the offer. Please note: Changing your payment due date may change your PromoAPR
Expiration Date.
***For more information, please call us at 1-800-347-2683.
Information For You
FICO® Credit ScoreTerms
Your FICO®Credit Score, key factors,
and othercredit
informationuse the FlCO® Score 8 model TransUnion® and
They are based on data from may be different
scores and other credit
from other credit information
providedbydifferent
bureaus.Thisinformat!on
isintendedforand onlyprovided
to Primary account
holders
who have an available and other credit
score. Your score, key factors information
are available
on Discover.comand cardmembers are also provided
a score on
statements.Customerswill see up to a year of recent scores online.
Discover and other lenders
may use different such as FICO®Credit Scores, other credit
inputs,
scoresand more irlformation decisions.
in credit Thisbenefitmaychange orend inthefuture.FICOisa registered
trademark Fair isaac Corporation
of the in the
UnitedStates and other countries.
If you prefer not to receive your FICO®Credit Score just
call us at 1-800-DISCOVER (1-800-347-2683).
Please give us two billing
cycles to process your request.
Discover Financial repair organi_²ations as defined
Services and Fair Isaac are not credit or state
under federal the Credit Repair Organizations
law, including Act.
repair" "rebuilding" "improving"
DiscoverFinancial
Servicesand Fair Isaac do not provide
"credit servicesor assistance
regarding or your credit credit
record,
or credit
history rating.
ofFICO® Credit Score
Avas"ity
As an active you may see yourFICO® CreditScore on your monthly
statementor online.
Reasons why you FICO®CreditScore
cardmember, may not see your
include:if if
you opt out; youhave keyinformationthatismismatched or as
missing, one example,an addresschangethathas notbeen updatedwith Discover
or TransUnion®;
if your credit is too new; if your account
history statusis abandoned,
bankrupt, lost or stolen,
fraud, closed,revoked,or charged off; if you have a
foreign Your FICO®Score is disclosed
address. on statementswhen your statement
is available. if you have no account
You may not receive a statement activity
such as no purchase or payments
fees, interest,
transactions, 30 days.
for approximately
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Page4 of 6
DISCOVER CARDENDINGIN9976
AMBER LAUBACH --- OPENTOCLOSEDATE:06/14/2020 -07/13/2020
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ONLINE PHONE PAYMENTS Page5 of6
DISC VER rt Discover.comor 1-800-347-2683 Discover DISCOVERIT® CARDENDINGIN9976
download our app TDD 1-800-347-7449 POBox 6103 OPENTOCLOSEDATE:06/14/2020 - 07/13/2020
Carol Stream
IL 60197-6103
FICO®
Credit Score
FICO®
Credit Score History
ImportantInformation:
We may not always receive a score for you each month, so there may be months
withno scores.
You" section
For questions of your score go to the "Information
on the availability For of this statement.
As a new cardmemberwithlessthan12 months of with
account history your FICO®Credit Score
Discover, may take time to build,
history and
may not start with
the first
month your accountopened.
The FICO®Score 8 based on TransUnion Discover uses.
data is the score that
This chart will be shown In every Jan, Apr,Jul and Oct st:::mst when you have up to 12 manths of scores. Log
in toDiscover.com/FICO any time to see key factors that help explain your scores.
FICO®
Credit Scores consider the following for the general population
35% Payment history
30% Amounts owed
10% New credit
10% Credit mix
15% Length of credit
" st!en ForYou" section of this statement.
See FICO®Credit Score Terms in the
e
© 2019 Discover Bank, Member FDIC CODE_SUM-1219
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Page6 of 6
CARDENDINGIN9976
AMBERLAUBACH OPENTO CLOSEDATE:06/14/2020-07/13/2020
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