Preview
INDEX NO. E2019012183
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 07/28/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2657210
Book Page CIVIL
Return To: No. Pages: 8
MICHAEL JAMES FLORIO
Instrument: AFFIDAVIT
Control #: 202103160836
Index #: E2019012183
Date: 03/16/2021
DISCOVER BANK. Time: 2:51:52 PM
STRONG, BRIAN C
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MOA
1 of 8
y
ONROE COUNTY CI 93/16/2021 02:45PM INDE& HOE 26219082
183
NYSCEF DOC, NO. 6 RECEIVED DNYSGEE= ; 07/28/2021,
SUPREME COURT OF THE STATE OF NEW YORK XXXXXXXKXXAX4
499
COUNTY OF MONROE
wenn e new n nec e en nn ne -- +e ~~ +e eee
DISCOVER BANK INDEX NO. £2019012183
PLAINTIFF, AFFIDAVIT OF FACTS
AGAINST - BY ORIGINAL CREDITOR
BRIAN C STRONG
DEFENDANT
Oe ecw enn n cen nano cweseccceronn-
STATE OF OHIO
)ss
COUNTY OF FRANKLIN
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Discover Products Inc., successor by merger to DB
Servicing Corporation, the servicing affiliate and custodian of records for
Plaintiff, and I have personal knowledge of and access to Plaintiff's books
and records ("Business Records"), including electronic records, relating to
the account ("Account") of BRIAN C STRONG. The last four digits of the
Account number are XXXXXXXXXXXX4499. In my position, I have personal
knowledge of Discover Products Inc.'s procedures for creating and
maintaining Plaintiff's Business Records. Plaintiff's Business Records were
made in the regular course of business and it was 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 review of Plaintiff's 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 Agre it. The amount of the T , if any,
made by Defendant was $ » made on or about Defendant
is now in default and Or payment has been made’. and correct
copy of the Agreement is attached as an exhibit to this affidavit.
3. At this time, Defendant owes $3483.32 on the Account. This amount
includes a charge-off balance of $3,463.32, total post-charge-off interest
of $0.00, total post-charge-off fees and charges of $0.00, less any
post-charge-off credits or payments made by or on behalf of the Defendant
totaling $0.00.
WHEREFORE, deponent demands judgment against Defendant for $3483.32,
together with the costs and disbursements of this action.
The above statements are true and correct to the best of my personal
knowledge.
Dated: By: Bike {SQ NKD)
to before, me t
20.
2D day Netto. Fenner
FORSTER & GARBUS ATTYS FOR PLAINTIFF
tary 60 MOTOR PARKWAY, COMMACK NY 11725
631-393-9400 2/13/20
us
“y,
Na FISRA MARIE WIEMAEN
TARY PUBLIC OHO
1 COMMESSOON BXPRES 05-05 24
%
se 2 of 8
ONROE COUNTY Cl RK 0371672021
02:45 PM INDiExNG E 2629019082
183
NYSCEF DOC. NO.6 RECEIVEDDNYSCEF s : 07/28/2021)
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
wanna nn nn wee en ns ene e eee ee eee ee---
DISCOVER BANK INDEX NO. £2019012183
PLAINTIFF SUPPLEMENTAL
- AGAINST - AFFIDAVIT OF FACTS
BRIAN C STRONG BY ORIGINAL CREDITOR
DEFENDANT
Sdeset ep bweaesSaeoesu
Ls Uueneceenesee!
STATE OF OHIO
)ss
COUNTY OF FRANKLIN
The undersigned, bei ag che
duly s oni”
0 and says:
1 My name is I am an employee of Discover
Products Inc. oye OU
sucdessor Oonnoy_s
to ts Serv. Corporation, the
senvaroe affiliate of credit card accounts owned by Plaintiff Discover
I am a custodian of records for Discover Products Inc., and I am duly
erecta 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 BRIAN C STRONG ("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
Bank, 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 récords created, maintained, and stored by Discover Products
Inc
The above statements are true and correct to the best of my personal
knowledge
Dated
4
im D380
- Uy eee CDW)
Sworn to before me this Oi )day Print Name
“elnouany 2A
FORSTER & GARBUS ATTYS FOR PLAINTIFF
60 MOTOR PARKWAY, COMMACK NY 11725
631-393-9400 2/13/20
it} a
Se iy,
Sa SLEISHA MARIE WIEMKEN:
NOTARY PUBLIC OHIO
=
1 CIMMASSIN EXPRES (5-08-24
>
iti
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ry G0 INDiExNG E 262919082 183
ONROE COUNTY CLERK 0371672021
02:45 PM
NYSCEF DOC NO. RECEIVED ONXSCEF +, 07/28/2021;
1, Krishna Velayudhan, Esq., an attorney-at-law of the State of Ohio who resides in the State
of Ohio and is fully acquainted with the laws of the State of Ohio pertaining to the acknowledgment
or proof
of deeds of real property to be recorded therein, do hereby certify that I am duly qualified to
make this Certificate of Conformity pursuant to 299-a of the Real Property Law of the State of New
York and hereby certify that the acknowledgment or proof upon the foregoing document in the above
referenced matter notarized by Aleisha Marie Wiemken a Notary Public in the State of Ohio, in the
manner prescribed by the laws of the State of Ohio and conforms to the laws thercof in all respects.
IN WITNESS WHEREOF., | have set my hand and affixed my seal to this document, this 25"
day of February 2020.
fa?
Kushng ¥elayudhan, Esq (Ohio Supreme Ct.
#0074606)
Attomey at Law, State of Ohio
4 of 8
FTES MONROE COUNTY CLERK 03/16/2021
02:45 PM INDiExNG E 2629019082 183
NYSCEF DOC. NO. 6 RECEEVEDDNXSCEFs 07/28/2021;
DISC@®VER Discover it Card
Account number ending in 4499
Open Dote: Jul 3, 2019- Close Date: Aug 2, 2019
Cordmember Since 2016
Poge
| of 4
ACCOUNT SUMMARY PAYMENT INFORMATION
Previous Bolonce $3,370.56 ( New Balance $3,483.32
Poyments ond Credits $0.00 Minimum Payment Due $985.00
Purchoses $0.00
Poyment
Due Date August 28, 2019
Bolonce Transfers $0.00
* Includes past due omount of $852.00
Cosh Advonces $0.00
Fees Chorged $39.00 Lote Payment Warning: It we do not recerve your minimum payment by
interest Chorged $73.76 dote listed obove, you may have to poy o late fee of up to $39.00.
New Bolonce $3,483.32 Minimum Poyment Warning: Ii you moke only the munemum poyment each
See Interest Charge Colculation section following the period, you will poy more in interest ond it will take you longer to poy of your
bolonce. For exomple:
Tronsoctions section for detailed APR inlormation
Credit Line $2,800 H you moke no o charges | ‘You wall pay off the endvp:
‘sing his card ond each monty Hosoi inci Paying on estimated toto!
Credit Line Avodoble so you pay. in about. ae
Cash Advance Credit Line $370 Only the mnwnum payment — yeors $7,186
Cash Advonce Credit Line Availoble so #f you would like information about cred# counseling services, coll 1-800-347-1121
\
You may be oble to avoid interest on Purchases
See reversetor detots.
ie REWARDS
‘Anniversary Monih >)
FICO Cashbock Bonus*
Opening Bolonce
November
0.00
New Cashback Bonus This Period +$ 0.00
Redeemed This Period 0.00
Your FICO® Credit Scoreon 7/27/19
PCD Sore her Cashback Bonus Balance 0.00
Tock recent FICO® Scores on our mobile opp or online J To lear move, log in ot Discover.com
New York Residents: For more information coll us ot
1.800.347.3085. You moy contact the New York Stove
Deporment of Financial Services ot 1-800-342-3736 or visit
www dis.ny.gov for free comporotive crodit cord rotes, fees
ond grace periods
Moke Check poyadle to Discover. Do Not Send Cosh.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Please fold on the perforation
below, detoch and return with your payment
Poy Online Account number ending in 4499.
Please
do not fold, clip
or staple. Qo Discover.com @ tae }
Minimum Paymeat Due ‘ $985.00
HALLE ALM po HA egg yon LAP vege deg AL | yf
New Balance $3,483.32
Payment
Due Oote ‘August
78, 2019
BRIAN C STRONG ‘ $
5 GILEAD HILL RD we
NORTH CHILI NY 14514-1239
PO BOX 71084
CHARLOTTE NC 28272-1084
Devgan dbegd gag ttoneff ty ty Holley MANY Eady ona og [lye gig ty
Prone ond internet paynerts «nulbe recened betore mcinigh! ET on your due date to be
redeed as of the same éoy
Address, #-moil or telephone chonged? Moin (honors un reverse ve
TONS
eR ines op ge eH
5 of 8
MONROE COUNTY CLERK 0371672021 02:45 PM INDH#EXNO E 2629019082
183
WiSCEE 6G, 6 Account number ending in 4499 Open Date: Jul3, 2019 - Close
RECED
Date: Aug 2,
EBONNSGEE ous
: zi eree2t
You can set oviomoticpo, iaihineeeiaiiiade das
aie Your Cardmember Agreement contains Minimum Dve, (ii) statement Minimum Due ©fixed
dollar amount, of (iv) other F oMount.
Lost or stolen cards. Report invnediately! Call 1-800-347-3085. omoun"" payment is not io cover te Payment Ove os hsted
‘on your monthly billing payment for that month
Fre kee ee ere Ten Pied A Misioho On Your Stotement be increased 'o cover the Minimum Payment Due. Hf the scheduled
. think there is erTOF On your Bp ecw 22 Poyment is greater thon the Minimum ony excess will be
Box 30421, Soll Loke PUT 84130-0421, or cckenia eo fares comlia
phe ete cones ee SO es
opphed
in accordance if your scheduled
coherthe error
we ore not requiredto
eee
ore ee ony cee butif you do wll then the New Bolonce billing
only for the amount of your New Balance. Your
be bess, the amount indicated on the
ra ernie gi Nee re epare yor bibing stotement
bosed on oF Neneiene Sea Ser renee
me, Pleose see your
Tie icerag erin havea
Fazyrments. You moy poy ofl or part of your Account bolonee ot o
token bork Vedon
phone in our
tool mien te eitoriean
service,
please fill-in the
Crk
Bie Bos "Srd er 7a Shere Fojment Sum bythe hoy
ayer Amount: [1 Full Poy DO min Pay, OMin Pays $
boheme inthe enslope pia poten ofcing
be returnedfo the
(Other Amounts.
Bonk Account #,
Bonk Routing #
fata opr us to use informationon
seats ne om hort o Morthly on the) Poymert Dve Date
‘on your check a to process 08 @ check
0 Dey of month finsert date)
tonto wal be ore omourt ol thefe check,
98 on electronic
funds may
Yow eccounl as s20n as fhe some doy we receive your
tronster,
be withdrawn from
‘We moy report information about your Account to credit
‘ond you will
not receive
your Stous, ale pewrtoat, sasse poyments,of other defoults on your Account
may be reflectedin ee nema oper ee sd
processingof
oral do nol send cash. senate cols rot oss: The
caamerics
parent isn of you Mech mateo
“Sretpontrce wh ou Foyer delayeda you send cash or is inoccurate or inc
oddress, (yt you waa on envlope
if yousendthe Payment to any other adds
include
Bacovers PO to 15316,
gerd wiser
your name, oddress, home
OF 18
Stone Shia cel none doy e
jen hnente ot our Interest. ee
cater SPM local aan ieee ones on pein Oa ast 73 eve a in February).We
PS earsion" Stworn k 6019) ca
7 Pioae of re
wiu ee ee
you poy your entre bolonce
invereston Cash
to resubmit
Balance Tronslers
os of the later of the Transaction
Date or the
eee fore
toson be credited
osof sie baton Due Date or first dey of the billing poriod in which the transaction posted to your Account.
How We Calculate
ng
We Use the Bolonce Mothod
2 Paymont or set up automatic. payment by calling
kote ‘or morein
You con Pome
1.800-;
cana dedviedon the the billing
Payment Que Date
porod san
shownon
‘on your
ing current transactions)to colcviate
}. pleose
the
coll vs of 1-B800-347.;
Jo Interest
slatemer’, or the next ear icici
you request
@ recurring date that occurs your Payment
Balance to Interest Role, Soy seared ase 2 Babine Babies
Due Dote. If your dote falls on o weekend to Intorest Rote. It shows this for eoch transaction
category.
processed the business
day prior to the Suess mre aka he creep ol he Sony bao dg big
or bork hake In order to schedule
mont rly
You pil be exter to provide the four (4) digits of the social security ‘Credit Bolonces. # your Account hos o credit balance, the ornount
it shown
95 your on the front of your statement.A ey oon nest
Hove numbers, you wil be ogreeng outhorachon
to allow us and to you. You moke ogoinstthis amount if
to deduct each the omount We will send you o refund ‘ony ‘Der menene
you, from your eccount. You also authorize us fo initiate debit or © 6 months,
or os Salnwtesg ames
entriesto
process:
bonk occoun!, fe oral came,
You ean cancelo
to the oddress
in the Contoct Us section
on poge 3 of your billing statement
‘or by mail at Discover, FO'bon i6az Saat
CY take
& Bd So-0421 be received betore 5 PM Care baced a stanied oesmeee el eo emne,
phat ond Bisover represents tr‘or‘quality
record telephone colls between you and
Sax penny may ey asl tat rey on assurance purposes.
sige youcornet wi bx how truch & wil be
must enwure in your bank account, The Discover®? cord is issued by Discover Bonk, Member FDIC. orrz3.24.0218
trust comply wath US low.
k
CHANGE OF ADDRESS
—
Hcorrect
on front, do not use. Please print clearly in bive or block ink, in the space provided
Street Address Home Phone
Work Phone
City Emoil
Stote, Zip
ae
To moke changes to your address, email or telephone number, visit Discover.com
Continued
on nat page
6 of 8
“UD “MONROE COUNTY CLERK 03/16/2021 02:45 PM INDiExNG E 262919082 183
NYSCEF DOC. NO: 6 RECEIVEDDNYSCEF® : 07728720211
DISC@®VER Discover if* Card
Account
number ending in 4499
Open Dote: Jul3, 2019 - Close Dote: Aug 2, 2019
Page
3 of 4
CONTACT US
@
Wed Modde Phone Moi Payments
‘Access your Monoge your Discover Discover
eccount securely account anytime, }-800-347-3085 PO Box 30943 PO Box 6103
ot Discover.com onywhere ot TOO 1-800-347-7449 Solt Loke City Corol Stream
ae m.D'scover.com UT 64130 1 60197-6103
Transactions
Trons. Date Post Dote
28 df 28 LATE FEE 39.00
TOTAL FEES FOR THIS PERIOD 39.00
Interest Charged INTEREST CHARGE ON PURCHASES 63.61
INTEREST CHARGE ON CASH ADVANCES 10.15
INTEREST CHARGE ON BALANCE TRANSFERS 0.00
TOTAL INTEREST FOR THIS PERIOD 73,76
2019 Totals Year-to-Date
TOTAL FEES CHARGED IN 2019 300.00
TOTAL INTEREST CHARGED IN 2019 520,84
Interest Charge Calculation
Your Annvol Percentage Rote |APR) is the onnual interes! role on your occount.
Current Baling Pened: 31 doys
ANNUAL PERCENTAGE PROMO APR BALANCE SUBJECT TO INTEREST
TYPE OF BALANCE RATE (APR)* EXPIRATION D, INTEREST RATE (CHARGE
Purchases 25.24% V N/A $2,967.20 $63.61
Cash Advonces: 77.24% V N/ $436.92 $10.15
V=Vorioble Rove
° FF your occount is currenty enrolled in 0 special progrom or is ploced into one during the term of the offer, you will receive the benef? of the lower rate
while the special progrom is in effect. This includes, if applicable, ony lower rates as outhorized under the Servicemembers Civil Relief Ad.
** This is the date your promotional rote expires ond the remaining bolonce will be moved to your stondord APR disclosed when you accepted the offer
Please note: Changing your payment due date moy change your Promo APR Expiration Dote.
*** For more inlormotion, please coll ws of 1800-347. 2683.
—-
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
7 of 8
MONROE COUNTY CLERK 0371672021
02:45 PM) INDiExNG E 2829019082
183
WSC Mies
RO © Account number ending in 4499 Open Date: Jul3, 2019 - Close
Date:
RECEIV!VEDONNSGEES : 9a4, 28678241
Information For You
FICO Credit Score Terms
Your FICO® Credit Score, key factors, and other credit inlormation use the FICO” Score 8 madel. They are based on data from TransUnian® and moy be
different from other credit scores and other credit information provided by different bureaus. This information is intended for end only provided to Primary
occount halders who have an available score. Your score, key foctors ond other credit information ore avoiloble on Discover.com and cardmembers ore clo
provide
0 score on stotementy.
d Customers will see up to year of recent scores online. Discover ond other lenders moy use diflerent inputs, such os FICO*
Credit Scores, other credit sores ond more information in credit decisions This benefit may change or end in the future. FICO is 0 registered trodemork of
the Foir Isoac Corporation in the United States ond other countries.
Wf you preter not to receive your FICO* Credit Score just coll
us ot 1-800-DISCOVER (1-800-347-2683). Please give us two billing cycles to process your
request
Duncover Finoncial Services ond Fair Isoac ore not credit repair organiotions as defined under federalor state law, including the Credit Repair Organizations
Act. Discover Financial Services ond Fir hoor do not provide ‘credit repoir® services or ossistonce regarding ‘reuilding” or “improving” your credit record,
credit history or credit rating.
Availability
of FICO* Credit Score
As on octve cordmember, you moy see your FICO* Credit Score on your monthly statement or online. Reosons why you may not see your FICO* Credit
Svore include: it you opt out; if you hove key information that is mismatched or missing, as one example, an address change that has not been updated with
Discover or TronsUnion®; if your credit history is too new, if your occount status is obandoned, bankrupt, troud, lost or stolen, closed, revoked, or charged
off; it you have a foreign address. Your FICO" Score is disclosed on stolements when your stoloment is oveilable, You moy not receive 0 statement if you
hove no account activity such as no purchase transactions, fees, interest, or payments for approximately 30 days
eo Oe TT
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