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  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Amber LaubachOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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 1 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021 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 2 of 16 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 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, 3 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021 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 4 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 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 $ 5 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021 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 6 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. 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 7 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021 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 8 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. IT® NO. 4 RECEIVED NYSCEF: 04/08/2021 Page4 of 6 DISCOVER CARDENDINGIN9976 AMBER LAUBACH --- OPENTOCLOSEDATE:06/14/2020 -07/13/2020 9 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 04/08/2021 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 10 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. DISCOVERIT® NO. 4 RECEIVED NYSCEF: 04/08/2021 Page6 of 6 CARDENDINGIN9976 AMBERLAUBACH OPENTO CLOSEDATE:06/14/2020-07/13/2020 11 of 16 FILED: TIOGA COUNTY CLERK 04/08/2021 01:55 PM INDEX NO. 2021-00061622 NYSCEF DOC. NO. 4