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  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Discover Bank v. Brian C Strong Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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 3 of 8 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 8 of 8