Preview
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
INDEX NUMBER:
DISCOVER BANK 2021-5144
PLAINTIFF, FILE NO. D164877
-AGAINST-
CORA J MILLER AFFIDAVIT OF
DEFENDANT(S). FACTS
STATE OF OHIO )
ss:
COUNTY OF FRANKLIN)
Ó)/Ó , 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 CORA J MILLER
("Defendant"). The last four di!its of the Account number are 9830. 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 all goods, services, and cash advances provided pursuant
to the Agreement. The amount of the last payment made by Defendant was
$ 3 20 ,00 , received on or about 20 , as set forth in the
attached Account Itemization. Defendant is now in default and demand for
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FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
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 $14,256.21 on the Account. This amount includes a
charge-off balance of $14,256.21, as evidenced in the attached cardmeniber
statement.
Wherefore, deponent demands judgment against Defendant for $14,256.21, 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
Notary Publ
RUBY D CORDOVA
*
NOTARYPUBLtC -0HIO
MY COMMISSION
EXPIRES
08-23-26
2 of 14
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
INDEX NUMBER:
DISCOVER BANK 2021-5144
PLAINTIFF, FILE NO. D164877
-AGAINST-
CORA J MILLER 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 . Iam a Litigation
Support Coordinator for Discover Products Inc., a wholly-owned subsidiary and
servicing affiliateof 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
CORA J MILLER ("Defendant").
2. Defendants 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 Defendants 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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FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
maintained, and stored by Discover Products Inc.
The foregoing statements are true and correct to the best of my personal knowledge.
Dated: Ê d 2) .
Name
Sworn to before me this day
of yj , 20c2.
(Ö,g
Notary Pu lic
RUBY D CORDOVA
NOTARY PUBUC-0Hl0
MY COMMISSION EXPIRES .
08-23-26
liffitLt
4 of 14
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
DISCOVER BANK Account Itemization
Account Number Ending in 9830
Original Creditor DISCOVER BANK
Last four of SSN 7853
Borrowers Full Name CORA J MILLER
Last Payment Date On or about / ,RO
Last Payment Amount $ 3 O 4CC
Charge Off Date April 30, 2021
Charge Off Balance $14,256.21
Total of Post Charge Off Interest $
Total Post Charge Off Charges and Fees $
Total Post Charge Off Credits $
Current Balance $
5 of 14
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
DISC0VER DISCOVER® MORE® CARDENDINGIN9830
CARDMEMBERSINCE 1996
Payment infOrrnation
Previous Balance $12,977.22 New Balance Minimum Payment Payment Due Date
Payments and Credits -$320.00
$12,966.07 S329.00 09/18/2020
Purchases +$0.00
Balance Transfers +$0.00 Late Payment Warning:
If we do not receive your minimum
paymeItby the date
Cash Advances +$0.00 listed
above, you may have to pay a late fee of up to $40.00
and your purchase and
balance transfer
APRs for new transactions
may be increasedup to the Penalty APR
Fees Charged +$0.00
of 25.99%.
InterestCharged +$308.85
Minimum Payment Warning: If you make only the minimum
payment each period,
New Balance: $12,966.07 you will
pay more in interest
and it will take longer to pay off your balance. For
example:
See interest followingthe
Charge Calculationsection Fees and
Charged section for detailed
Interest APR information
If you make no additional You will pay aff the And you MH end up
CreditLine $13,600 chages using tMs andand hawe shown on tMs paying an estjme!
exh month vau pay stat mat i about. twalof
CreditLine Available $633
Cash Advance CreditLine $4,700 Í
Only the minimumpayment 54 years $112,224
Cash Advance CreditLine Available $633
$536 3 years (Savings=$92,919)
FICO® Score 8 basedon TransUnion® data: Ifyou would like information about credit counseling services, call us at 1-800-347-1121.
AS OF 08/17/20
. Updated
Monthly
See Key Factors that help explain
your score
or visit
at Discover.com our mobileapp I
New York Residents: call us at 1-800-
For more information
347-2683. the New York State Department
You may contact of
Financial or visit www.dfs.ny.gov
Services at 1-800-342-3736 for
free information
on comparativecredit card rates, fees and grace
periods.
Notice: See reverse side for important information
Payment COupOn ACCOUNT NUMBER ENDINGIN 9830
above and return with check payable to
Detach at perforation
New Balance S12,966.07
Discover. Do not fold, clip, staple or send cash.
Minimum Payment Due S329.00
Payment Due Date 09/18/2020
CORAJ MILLER For a faster, easier Discover.com 1-8.00-347-2683
C/O TRUDY FARRELL way to pay... See reverse for payment cut off times.
PO BOX 294 --~--""-~---- ---
DUNDEE NY 14837-0294
PO BOX 71084
CHARLOTTE NC 28272-1084
New address,email or phone? Please update
on reverse.
000001986458705089148129660701613620032900
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FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC.MORE®
DISCOVER® NO.CARDENDINGIN9830
5 RECEIVED NYSCEF: 03/24/2022
Page2 of 4
CORA MILLER OPENTOCLOSEDATE:07/24/2020 - 08/23/2020
Importantinformation payment is not enough to cover the Minimum Payment Due as listed on your monthly
Seeyour CardmemberAgreement. Your CardmemberAgreement contains all thebilling statement, your scheduled payment for that month will be increased to cover
terms ofyour Account. 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
Lost or Stolen Cards.Report immediately! Call 1-800-347-2683. Agreement, Ifyour scheduled payment is greater than the New Balance on your billing
statement, that payment will be processed onlyfor the amount of your New Balance.
What ToDolfYouThinkYouFindAMistakeOn Your Statement: if you think there is
Your automatic payment amount may be less than the amount indicated on the billing
an error on your 4tatement, write to us at Discover, PO Box30421,
Salt Lake City, UTstatement based on credits or payments after the Close Date.
84130-0421,or submit the form provided at https://discover.com/billingerrornatice.
If you enroll by phone in our automatic payment service, pleasefill-in
You must contact us within 60 days after the error appeared on your statement. You the following
blanks below and retain the authorization for yourrecords.
may call us, but if you do we are not required to investigate any potential
errors, and
you may have to pay the amount in question. The Billing Rights Notice further
explains your rights. Pleasesee your CardmemberAgreement or visit Amount
for a copy of this Notice.
https://discover.com/billingrights OFullPay O Min Pay
OMin Pay+$ 00ther Amount $
Payments. You may pay all or part of your Account balance at any time. However, you
Bank Routing#
must pay at least the Minimum Payment Due by the PaymentDue Date. Send only
BankAccount #
your allowable form of payment ("Payment") and the bottom portion of this statement
in the envelope provided, after affixing postage. Paymentssent without
proper Monthly on theOPaymentDue Date, or0 . Day of the month (INSERTDATE)
postage will be returned to the sender. Ifyou pay by check, you authorize us to use
information on your check to make an electronic fund transfer from your account at
Credit Reporting. credit Reporting. We may report information about your Account to
mdicate
the financialinstitution on your check or to process the paymentas
a check credit bureaus. Late payments, missed payments, or other defaults on your Account
transaction. If a Paymentis processed as an electromc fund transfer, the transferwill
may be reflected in your credit report. We normallyreport the status and payment
be for the amount ofthe check, funds may be withdrawn from your account as soon
history of your Account to credit reporting agencies each month. If you believe that
as the same day we receive your check, and you will not receive your check back.
our report is inaccurate or incomplete, please write us at this address: Discover, PO
Box 30939, Salt Lake City, UT84130-0939.
Please include your name, address,
Pleasedonotsendcash. Sending cash is not allowed. The processing of your
home telephone number and Account number.
allowable form of Payment may be delayed if you send cash or correspondence with
your Payments, if you send the Payment to any other address, or if you use an
PayingInterest.
Your due date is at least 25 days afterthe
close of each billing period
envelope other than the one provided. Payments received at our processing facility
(at least 23 days for billing periods that begin in February).Wewill begin charging
by 5PM local time on any day will be credited to your Account as of that day.
interest on Cash Advances and Balance Transfersas of the later of the Transaction
Payments received at our processing facility after SPMlocal time will be credited to
Date or the first day of the billing period in which the transaction posted to your
your Account as ofthe next day. Ifyou have misplaced your envelope, send your
Account. if you pay the New Balance on your current billing statement by the Payment
Paymentto Discover, POBox 6107, Carol Stream, IL60197-6103.
Please allow7-10 Due Date shown on that billing statement, we will not impose interest charges on
days for delivery.if your Payment is returned unpaid, we reservethe nght to resubmit
New Purchases. New Purchases are Purchasesthat first appear on the next billing
it as an electronic debit. Payments made online or by phone will be credited as ofthe
statement. Interest will continue to accrue each day on purchases that appeared on
day of receipt if made by SPMET- 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.
HowWe Calculatelnterest
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 recurring payment
information, please call us at 1-800-347-2683.
date that occurs before your Payment Due Date. If your scheduled payment date falls
on a weekend or bank holiday,.your payment will be processed the business day
Balance Subject To Interest
Rate. Your statement shows a Balance Subject to
prior to the weekend or bank holiday. In order to schedule monthi . payments by
Interest Rate.It shows this for each transaction category. The Balance Subject to
telephone, you will need this statement and your bank account in ormation.You will
Interest Rateis the average of the daily balances during the billingperiod.
be asked to provide the last four (4) digits of the social security.number of the
.Credit Balances. If your Account has a credit balance, the amountis
rimary borrower as your electronic signature. By providing those numbers, you will shown on the
e agreeing to this authorization to allow us and your bank to deduct each payment
front ofyour billing statement. A credit balance is money that is owed to you. You may
you authorize, in the amount selected by you, from your bank account. You also
make charges against this amount ifyour Account is open. We will send you a refund
authorize us to initiate debit or credit entries to your bank account, as applicable, to
of any remainingbalance
of $1.00 or more after6 months, or as otherwise required
correct an error in the processing of such payment. You can cancel a scheduled
by applicable law, or upon request made to the address in the Contact Us section on
payment by phone at 1-800-347-2683
or by mail at Discover, POBox 30421,
Salt page 3 of your billing statement.
payment cancellations must be received before 5 PM ET
Lake City, UT84130-0421;
BalanceTransfers. Balance Transfers are offered at our discretion and accrue interest
of the scheduled withdrawal date. Pa ments from Cashback Bonus cannot be
cancelled after being ma
modifiedor e or scheduled. at the standard p.urchaserate unless we tell you otherwise.
Discover may monitor and/or
Ifyour payments may vary in amount, we wilt tell you on each monthly billing record telephone calls between you and Discover
representatives for quality assurance'purposes.
statement when your payment will be made and how much it will be. You must ensure
that sufficient funds are availablein
your bank account, and all transactions
must
Send inquiries to Discover, POBox 30943, Salt Lake City, UT84130
comply with U.S.law.
You can set up automatic The Discover®card is issued by Discover Bank, Member FDIC.
yments for: (i) statement New Balance, (ii) statement
Minimum Payment Due, (ii ) statement Minimum PaymentDue plus a fixed dollar TL23-27N.0420
amount"
amount, or (iv) other dollar amount.
If your scheduled "Other dollar
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
7 of 14
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
ONLINE PHONE PAYMENTS Page3 of 4
Discover.comor 1-800-347-2683 Discover DISCOVER® MORE® CARD ENDINGIN9830
download our app TDD 1-800-347-7449 POBox 6103 OPENTOCLOSEDATE:07/24/2020 - 08/23/2020
Carol Stream
IL 60197-6103
Bonus®
TransactionS Cashback Rewards
TRANS. Anniversary Month March
DATE PAYMENTSAND CREDITS AMOUNT
PREVIOUS BALANCE $79.81
08/11 DIRECTPAY MINIMUM PAYMENT -$320,00
EARNED THIS PERIOD +$0.00
SEE DETAILS OF YOUR NEXT DIRECTPAY BELOW
REDEEMED THIS PERIOD -$0.00
Fees and Interest Charged CASHBACK BONUS BALANCE $79.81
TOTAL FEES FOR THIS PERIOD $0.00
INTERESTCHARGEDFORTHIS PERIOD AMOUNT
INTERESTCHARGEON PURCHASES $0.00
INTERESTCHARGEON CASHADVANCES $308.85
INTERESTCHARGEON BALANCETRANSFERS $0,00
TOTAL INTEREST FOR THIS PERIOD $308.85
2020 TOTALSYEAR-TO-DATECHARGED AMOUNT
TOTALFEESCHARGEDIN 2020 $0.00
TOTALINTERESTCHARGEDIN 2020 $2,444.13
Interest Charge CalCutation
Your AnnualPercentage Rate (APR) is the annual rate on your account.
interest
CURRENTBILLING PERIOD: 31 DAYS
PROMO BALANCESUBJECT INTEREST
APR* EXPIRES**
TYPEOF BALANCE APR TO INTERESTRATE CHARGE
Purchases 20.99% V N/A $0.00 $0.00
Cash Advances 27.99% N/A $12,992.78 $308.85
V = VARIABLERATE
* If your account is
currently enrolled in a special program or is placed into one during the term of the offer, you will
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 Servicemembers Civil 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.
***For more information, please call us at 1-800-347-2683.
information For You
FICO® CreditScore Terms
Your FICO®Credit Score, key factors,
and other credit
informationuse the FICO® Score 8 model.
They are basedon data from TransUnion® and
may be different
scores and other credit
from other credit information
provided bureaus. This information
by different is intended
for and only provided
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
inputs, credit
scores and more information
in credit
decisions.
This benefit
may changeor endinthe FICO
future, Isa registered
trademarkof the Fair Isaac Corporation
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
Services and Fair Isaac are not credit
organizations
as definedunder federal
or state the Credit Repair Organizations
law, including Act.
repair" "rebuilding" "improving"
DiscoverFinancial
Servicesand Fair Isaac do not provide
"credit or assistance
services regarding or yourcreditrecord,credit
or credit
history rating.
ofFlCO® Credit Score
Availability
As an active you FICO® CreditScore on your FICO® Credit
cardmember, may see your monthly statement Reasons why you may not see your
or online. Score
include: if you have key information
if you opt out; that is mismatched
or missing,
as one example,
an addresschange thathas not been updated
withDiscover
if your credit
or TransUnion®; is too new; if your account
history statusis abandoned,
bankrupt,fraud,lost or stolen, revoked, or charged
closed, off; if you have a
foreign
address.Your FICO®Score is disclosed
on statementswhen your statementis available.
You may not receive a statement
if you have no account
activity
such as no purchase or payments for approximately
fees, interest,
transactions, 30 days.
8 of 14
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC.
DISCOVER® NO.CARDENDINGIN9830
MORE® 5 RECEIVED NYSCEF: Page4 of 4
03/24/2022
OPENTOCLOSEDATE:07/24/2020 - 08/23/2020
CORAJ MILLER
9 of 14
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022
DISCeVER DIsCOVER® MORE® CARD ENDINGIN9830
CARDMEMBERSINCE 1996
nh 921 0 Payment Information
cc0üñf$unmgry
Previous Balance $14,336.02 New Balance Minimum Payment Payment Due Date
Payments and Credits -$14,336.02
SO.00 S2,152.19 05/25/2021
Purchases +$0.00
Balance Transfers +$0.00 Late PaymentWarning:If we do not receive your minimum
paymentby the date
Cash Advances +$0.00 above, you may have to pay a late fee of up to $40.00
listed and your purchase
and
balance transfer
APRs for new transactions up to the Penalty APR
may be increased
Fees Charged +$0.00
of 25.99%
InterestCharged +$0.00
New Balance: $0.00
Charge Calculationsection
See Interest followingtheFees and
Charged section
Interest for detailed
APR information
CreditLine $13,600
creditLineAvailable $0
Cash Advance Credit Line $4,700
Cash Advance Credit LineAvailable $0
Your FICO®Score is.unavailable.Log
in at Discover.com/FICO
or
to learn more.
contact us at 1-800-347-2683
call us at 1-800-
For more information
New York Residents:
347-2683. the New York State Department
You may contact of
at 1-800-342-3736
Financial Services or visit www.dfs.ny.gov
for
on comparative
free information credit card rates, fees and grace
periods.
Notice: See reverse side for important information
Preview
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES INDEX NUMBER: DISCOVER BANK 2021-5144 PLAINTIFF, FILE NO. D164877 -AGAINST- CORA J MILLER AFFIDAVIT OF DEFENDANT(S). FACTS STATE OF OHIO ) ss: COUNTY OF FRANKLIN) Ó)/Ó , 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 CORA J MILLER ("Defendant"). The last four di!its of the Account number are 9830. 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 all goods, services, and cash advances provided pursuant to the Agreement. The amount of the last payment made by Defendant was $ 3 20 ,00 , received on or about 20 , as set forth in the attached Account Itemization. Defendant is now in default and demand for 1 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 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 $14,256.21 on the Account. This amount includes a charge-off balance of $14,256.21, as evidenced in the attached cardmeniber statement. Wherefore, deponent demands judgment against Defendant for $14,256.21, 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 Notary Publ RUBY D CORDOVA * NOTARYPUBLtC -0HIO MY COMMISSION EXPIRES 08-23-26 2 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES INDEX NUMBER: DISCOVER BANK 2021-5144 PLAINTIFF, FILE NO. D164877 -AGAINST- CORA J MILLER 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 . Iam a Litigation Support Coordinator for Discover Products Inc., a wholly-owned subsidiary and servicing affiliateof 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 CORA J MILLER ("Defendant"). 2. Defendants 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 Defendants 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 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 maintained, and stored by Discover Products Inc. The foregoing statements are true and correct to the best of my personal knowledge. Dated: Ê d 2) . Name Sworn to before me this day of yj , 20c2. (Ö,g Notary Pu lic RUBY D CORDOVA NOTARY PUBUC-0Hl0 MY COMMISSION EXPIRES . 08-23-26 liffitLt 4 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 DISCOVER BANK Account Itemization Account Number Ending in 9830 Original Creditor DISCOVER BANK Last four of SSN 7853 Borrowers Full Name CORA J MILLER Last Payment Date On or about / ,RO Last Payment Amount $ 3 O 4CC Charge Off Date April 30, 2021 Charge Off Balance $14,256.21 Total of Post Charge Off Interest $ Total Post Charge Off Charges and Fees $ Total Post Charge Off Credits $ Current Balance $ 5 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 DISC0VER DISCOVER® MORE® CARDENDINGIN9830 CARDMEMBERSINCE 1996 Payment infOrrnation Previous Balance $12,977.22 New Balance Minimum Payment Payment Due Date Payments and Credits -$320.00 $12,966.07 S329.00 09/18/2020 Purchases +$0.00 Balance Transfers +$0.00 Late Payment Warning: If we do not receive your minimum paymeItby the date Cash Advances +$0.00 listed above, you may have to pay a late fee of up to $40.00 and your purchase and balance transfer APRs for new transactions may be increasedup to the Penalty APR Fees Charged +$0.00 of 25.99%. InterestCharged +$308.85 Minimum Payment Warning: If you make only the minimum payment each period, New Balance: $12,966.07 you will pay more in interest and it will take longer to pay off your balance. For example: See interest followingthe Charge Calculationsection Fees and Charged section for detailed Interest APR information If you make no additional You will pay aff the And you MH end up CreditLine $13,600 chages using tMs andand hawe shown on tMs paying an estjme! exh month vau pay stat mat i about. twalof CreditLine Available $633 Cash Advance CreditLine $4,700 Í Only the minimumpayment 54 years $112,224 Cash Advance CreditLine Available $633 $536 3 years (Savings=$92,919) FICO® Score 8 basedon TransUnion® data: Ifyou would like information about credit counseling services, call us at 1-800-347-1121. AS OF 08/17/20 . Updated Monthly See Key Factors that help explain your score or visit at Discover.com our mobileapp I New York Residents: call us at 1-800- For more information 347-2683. the New York State Department You may contact of Financial or visit www.dfs.ny.gov Services at 1-800-342-3736 for free information on comparativecredit card rates, fees and grace periods. Notice: See reverse side for important information Payment COupOn ACCOUNT NUMBER ENDINGIN 9830 above and return with check payable to Detach at perforation New Balance S12,966.07 Discover. Do not fold, clip, staple or send cash. Minimum Payment Due S329.00 Payment Due Date 09/18/2020 CORAJ MILLER For a faster, easier Discover.com 1-8.00-347-2683 C/O TRUDY FARRELL way to pay... See reverse for payment cut off times. PO BOX 294 --~--""-~---- --- DUNDEE NY 14837-0294 PO BOX 71084 CHARLOTTE NC 28272-1084 New address,email or phone? Please update on reverse. 000001986458705089148129660701613620032900 6 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC.MORE® DISCOVER® NO.CARDENDINGIN9830 5 RECEIVED NYSCEF: 03/24/2022 Page2 of 4 CORA MILLER OPENTOCLOSEDATE:07/24/2020 - 08/23/2020 Importantinformation payment is not enough to cover the Minimum Payment Due as listed on your monthly Seeyour CardmemberAgreement. Your CardmemberAgreement contains all thebilling statement, your scheduled payment for that month will be increased to cover terms ofyour Account. 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 Lost or Stolen Cards.Report immediately! Call 1-800-347-2683. Agreement, Ifyour scheduled payment is greater than the New Balance on your billing statement, that payment will be processed onlyfor the amount of your New Balance. What ToDolfYouThinkYouFindAMistakeOn Your Statement: if you think there is Your automatic payment amount may be less than the amount indicated on the billing an error on your 4tatement, write to us at Discover, PO Box30421, Salt Lake City, UTstatement based on credits or payments after the Close Date. 84130-0421,or submit the form provided at https://discover.com/billingerrornatice. If you enroll by phone in our automatic payment service, pleasefill-in You must contact us within 60 days after the error appeared on your statement. You the following blanks below and retain the authorization for yourrecords. may call us, but if you do we are not required to investigate any potential errors, and you may have to pay the amount in question. The Billing Rights Notice further explains your rights. Pleasesee your CardmemberAgreement or visit Amount for a copy of this Notice. https://discover.com/billingrights OFullPay O Min Pay OMin Pay+$ 00ther Amount $ Payments. You may pay all or part of your Account balance at any time. However, you Bank Routing# must pay at least the Minimum Payment Due by the PaymentDue Date. Send only BankAccount # your allowable form of payment ("Payment") and the bottom portion of this statement in the envelope provided, after affixing postage. Paymentssent without proper Monthly on theOPaymentDue Date, or0 . Day of the month (INSERTDATE) postage will be returned to the sender. Ifyou pay by check, you authorize us to use information on your check to make an electronic fund transfer from your account at Credit Reporting. credit Reporting. We may report information about your Account to mdicate the financialinstitution on your check or to process the paymentas a check credit bureaus. Late payments, missed payments, or other defaults on your Account transaction. If a Paymentis processed as an electromc fund transfer, the transferwill may be reflected in your credit report. We normallyreport the status and payment be for the amount ofthe check, funds may be withdrawn from your account as soon history of your Account to credit reporting agencies each month. If you believe that as the same day we receive your check, and you will not receive your check back. our report is inaccurate or incomplete, please write us at this address: Discover, PO Box 30939, Salt Lake City, UT84130-0939. Please include your name, address, Pleasedonotsendcash. Sending cash is not allowed. The processing of your home telephone number and Account number. allowable form of Payment may be delayed if you send cash or correspondence with your Payments, if you send the Payment to any other address, or if you use an PayingInterest. Your due date is at least 25 days afterthe close of each billing period envelope other than the one provided. Payments received at our processing facility (at least 23 days for billing periods that begin in February).Wewill begin charging by 5PM local time on any day will be credited to your Account as of that day. interest on Cash Advances and Balance Transfersas of the later of the Transaction Payments received at our processing facility after SPMlocal time will be credited to Date or the first day of the billing period in which the transaction posted to your your Account as ofthe next day. Ifyou have misplaced your envelope, send your Account. if you pay the New Balance on your current billing statement by the Payment Paymentto Discover, POBox 6107, Carol Stream, IL60197-6103. Please allow7-10 Due Date shown on that billing statement, we will not impose interest charges on days for delivery.if your Payment is returned unpaid, we reservethe nght to resubmit New Purchases. New Purchases are Purchasesthat first appear on the next billing it as an electronic debit. Payments made online or by phone will be credited as ofthe statement. Interest will continue to accrue each day on purchases that appeared on day of receipt if made by SPMET- 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. HowWe Calculatelnterest 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 recurring payment information, please call us at 1-800-347-2683. date that occurs before your Payment Due Date. If your scheduled payment date falls on a weekend or bank holiday,.your payment will be processed the business day Balance Subject To Interest Rate. Your statement shows a Balance Subject to prior to the weekend or bank holiday. In order to schedule monthi . payments by Interest Rate.It shows this for each transaction category. The Balance Subject to telephone, you will need this statement and your bank account in ormation.You will Interest Rateis the average of the daily balances during the billingperiod. be asked to provide the last four (4) digits of the social security.number of the .Credit Balances. If your Account has a credit balance, the amountis rimary borrower as your electronic signature. By providing those numbers, you will shown on the e agreeing to this authorization to allow us and your bank to deduct each payment front ofyour billing statement. A credit balance is money that is owed to you. You may you authorize, in the amount selected by you, from your bank account. You also make charges against this amount ifyour Account is open. We will send you a refund authorize us to initiate debit or credit entries to your bank account, as applicable, to of any remainingbalance of $1.00 or more after6 months, or as otherwise required correct an error in the processing of such payment. You can cancel a scheduled by applicable law, or upon request made to the address in the Contact Us section on payment by phone at 1-800-347-2683 or by mail at Discover, POBox 30421, Salt page 3 of your billing statement. payment cancellations must be received before 5 PM ET Lake City, UT84130-0421; BalanceTransfers. Balance Transfers are offered at our discretion and accrue interest of the scheduled withdrawal date. Pa ments from Cashback Bonus cannot be cancelled after being ma modifiedor e or scheduled. at the standard p.urchaserate unless we tell you otherwise. Discover may monitor and/or Ifyour payments may vary in amount, we wilt tell you on each monthly billing record telephone calls between you and Discover representatives for quality assurance'purposes. statement when your payment will be made and how much it will be. You must ensure that sufficient funds are availablein your bank account, and all transactions must Send inquiries to Discover, POBox 30943, Salt Lake City, UT84130 comply with U.S.law. You can set up automatic The Discover®card is issued by Discover Bank, Member FDIC. yments for: (i) statement New Balance, (ii) statement Minimum Payment Due, (ii ) statement Minimum PaymentDue plus a fixed dollar TL23-27N.0420 amount" amount, or (iv) other dollar amount. If your scheduled "Other dollar 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 7 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 ONLINE PHONE PAYMENTS Page3 of 4 Discover.comor 1-800-347-2683 Discover DISCOVER® MORE® CARD ENDINGIN9830 download our app TDD 1-800-347-7449 POBox 6103 OPENTOCLOSEDATE:07/24/2020 - 08/23/2020 Carol Stream IL 60197-6103 Bonus® TransactionS Cashback Rewards TRANS. Anniversary Month March DATE PAYMENTSAND CREDITS AMOUNT PREVIOUS BALANCE $79.81 08/11 DIRECTPAY MINIMUM PAYMENT -$320,00 EARNED THIS PERIOD +$0.00 SEE DETAILS OF YOUR NEXT DIRECTPAY BELOW REDEEMED THIS PERIOD -$0.00 Fees and Interest Charged CASHBACK BONUS BALANCE $79.81 TOTAL FEES FOR THIS PERIOD $0.00 INTERESTCHARGEDFORTHIS PERIOD AMOUNT INTERESTCHARGEON PURCHASES $0.00 INTERESTCHARGEON CASHADVANCES $308.85 INTERESTCHARGEON BALANCETRANSFERS $0,00 TOTAL INTEREST FOR THIS PERIOD $308.85 2020 TOTALSYEAR-TO-DATECHARGED AMOUNT TOTALFEESCHARGEDIN 2020 $0.00 TOTALINTERESTCHARGEDIN 2020 $2,444.13 Interest Charge CalCutation Your AnnualPercentage Rate (APR) is the annual rate on your account. interest CURRENTBILLING PERIOD: 31 DAYS PROMO BALANCESUBJECT INTEREST APR* EXPIRES** TYPEOF BALANCE APR TO INTERESTRATE CHARGE Purchases 20.99% V N/A $0.00 $0.00 Cash Advances 27.99% N/A $12,992.78 $308.85 V = VARIABLERATE * If your account is currently enrolled in a special program or is placed into one during the term of the offer, you will 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 Servicemembers Civil 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. ***For more information, please call us at 1-800-347-2683. information For You FICO® CreditScore Terms Your FICO®Credit Score, key factors, and other credit informationuse the FICO® Score 8 model. They are basedon data from TransUnion® and may be different scores and other credit from other credit information provided bureaus. This information by different is intended for and only provided 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 inputs, credit scores and more information in credit decisions. This benefit may changeor endinthe FICO future, Isa registered trademarkof the Fair Isaac Corporation 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 Services and Fair Isaac are not credit organizations as definedunder federal or state the Credit Repair Organizations law, including Act. repair" "rebuilding" "improving" DiscoverFinancial Servicesand Fair Isaac do not provide "credit or assistance services regarding or yourcreditrecord,credit or credit history rating. ofFlCO® Credit Score Availability As an active you FICO® CreditScore on your FICO® Credit cardmember, may see your monthly statement Reasons why you may not see your or online. Score include: if you have key information if you opt out; that is mismatched or missing, as one example, an addresschange thathas not been updated withDiscover if your credit or TransUnion®; is too new; if your account history statusis abandoned, bankrupt,fraud,lost or stolen, revoked, or charged closed, off; if you have a foreign address.Your FICO®Score is disclosed on statementswhen your statementis available. You may not receive a statement if you have no account activity such as no purchase or payments for approximately fees, interest, transactions, 30 days. 8 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. DISCOVER® NO.CARDENDINGIN9830 MORE® 5 RECEIVED NYSCEF: Page4 of 4 03/24/2022 OPENTOCLOSEDATE:07/24/2020 - 08/23/2020 CORAJ MILLER 9 of 14 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/24/2022 DISCeVER DIsCOVER® MORE® CARD ENDINGIN9830 CARDMEMBERSINCE 1996 nh 921 0 Payment Information cc0üñf$unmgry Previous Balance $14,336.02 New Balance Minimum Payment Payment Due Date Payments and Credits -$14,336.02 SO.00 S2,152.19 05/25/2021 Purchases +$0.00 Balance Transfers +$0.00 Late PaymentWarning:If we do not receive your minimum paymentby the date Cash Advances +$0.00 above, you may have to pay a late fee of up to $40.00 listed and your purchase and balance transfer APRs for new transactions up to the Penalty APR may be increased Fees Charged +$0.00 of 25.99% InterestCharged +$0.00 New Balance: $0.00 Charge Calculationsection See Interest followingtheFees and Charged section Interest for detailed APR information CreditLine $13,600 creditLineAvailable $0 Cash Advance Credit Line $4,700 Cash Advance Credit LineAvailable $0 Your FICO®Score is.unavailable.Log in at Discover.com/FICO or to learn more. contact us at 1-800-347-2683 call us at 1-800- For more information New York Residents: 347-2683. the New York State Department You may contact of at 1-800-342-3736 Financial Services or visit www.dfs.ny.gov for on comparative free information credit card rates, fees and grace periods. Notice: See reverse side for important information