Preview
FILED: TIOGA COUNTY CLERK 08/31/2021 09:28 AM INDEX NO. 2021-00061807
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/31/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
Discover Bank
Plainti ff,
v.
Rebecca Woodring
De fendant.
Case No.
AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
The undersigned, being duly sworn, deposes and says:
1. I am a Litigation Support Coordinator for Discover Products Inc., the servicing affiliate of
Discover Bank, 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
Rebecca Woodring. The last four digits of the Account number are ************7792.
2. In my position, I have personal knowledge of Discover Products Inc.'s procedures for
creating and maintaining its Business Records. These 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 my review
of the Business Records, I have personal knowledge of the facts set forth in this affidavit.
3. 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 fhe last payment, if any, made by Defendant was $ 5 , do , made on or
about / p /N /20 2 O . Defendant is now in default and demand for payment
has been made. A true and correct copy of the Agreement with the charge-off balance is attached
as an exhibit to this affidavit.
4. At this time, Defendant owes $2,608.28 on the Account. This amount includes a charge-
off balance of $2,608.28, 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 $.00.
WHEREFORE, deponent demands judgment against Defendant for $2,608.28, together with the
costs and disbursements of this action and statutory post judgment interest.
The above statements are true and correct to the best of my personal knowledge.
Dated: 7 202 I Ã…AA [ Name]
Swo 1 to fore me t1 is - - day gt%t118
fff
Abigail Patton
Public, State of Ohio
Notary
* Expires
otary ublic Commission
My
May 16, 2023
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FILED: TIOGA COUNTY CLERK 08/31/2021 09:28 AM INDEX NO. 2021-00061807
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/31/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
Discover Bank
Plaintif f
v.
Rebecca Woodring
De fendant.
Case No.
SUPPLEMENTAL AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
The undersigned, being duly sworn, deposes and says:
1. My name is ( ) TV i rÆff l . I am a Litigation Support
Coordinator for Discover Products Inc., successor by merger to DB Servicing
Corporation, the 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 Rebecca
Woodring ("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
infonnation 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 records created, maintained, and stored by Discover Products Inc.
°
The above statements are true and correct to the best of my personal knowledge.
Dated: 202)
Name:
() yy Tcgf-€ |
Swo to efore n c day
otmu,,,
NYaryYublic Abigail Patton
Notary Public, State of Ohio
2* ,. *
My Commission Expires
May 16, 2023
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FILED: TIOGA COUNTY CLERK 08/31/2021 09:28 AM INDEX NO. 2021-00061807
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/31/2021
DISCOVER IT® CARD ENDINGIN7792
CARDMEMBER SINCE 2018
SCPVR
Account 01/10/2021 -01/31/2021 Payment Information
Summary
Previous Balance $2,608.59 NeW Balance Minimum Payment Payment Due Date
Payments and Credits -$2,608.59
S0.00 $834.69 02/26/2021
Purchases +$0.00
Balance Transfers +$0.00 Late Payment Warning: If we do not receive your minimum payment by the date
Cash Advances +$0.00 listed above, you may have to pay a late fee of up to $40.00.
Fees Charged +$0.00
Interest Charged +$0.00
New Balance: $0.00
See Interest Charge Calculationsection followingthe Fees and
Interest Charged section for detailed APR information
Credit Line $2,100
Credit Line Available $0
Cash Advance Credit Line $300
Cash Advance Credit Line Available $0
Your FICO® Score is unavailable.Log in at Discover.com/FICO or
contact us at 1-800-347-2683 to learn more.
New York Residents: For more information call us at 1-800-
347-2683. You may contact the New York State Department of
Financial Services at 1-800-342-3736 or visit www.dfs.ny.gov for
free information on comparative credit card rates, fees and grace
periods.
Notice: See reverse side for important !±r--t!:1
Payment Coupon ACCOUNT NUMBER ENDING IN 7792
Detach at perforation above and return with check payable to
New Balance 50.0(
Discover. Do not fold, clip, staple or send cash.
Minimum Payment Due S834.65
Payment Due Date 02/26/2021
Amount Enclosed S
REBECCA WOODRING
for a faster, easier Discover.com 1-800-347-2683
582 TALMADGE HILL RD W .. s way to pay... See reverse for payment cut off times.
WAVERLY NY 14892-9712
PO BOX 6103
CAROL STREAM IL 60197-6103
New address, email or phone? Please update on reverse.
000001986623526459388000000000156000083469
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FILED: TIOGA COUNTY CLERK 08/31/2021 09:28 AM INDEX NO. 2021-00061807
DISCOVER IT® CARD ENDINGIN7792 Page2 of 4
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/31/2021
REBECCAWOODRING OPENTO CLOSEDATE:01/10/2021 - 01/31/2021
Important Information Minimum Payment Due, (iii) statement Minimum Payment Due plus a fixed dollar
amount"
See your Cardmember Agreement. Your CardmemberAgreement con tains all the amount, or (iv) other dollar amount. If your scheduled "Other dollar
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 excesswill be applied in accordance with your Cardmember
What To Do If You ThinkYou FindA Mistake On Your Statement: If you think there is Agreement.lf your scheduled payment is greater than the New Balance on 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 amount of 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 your statement. You statement based on credits or payments after the Close Date.
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 If you enroll by phone in our automatic payment service, please fill-in the following
explains your rights. Please see your Cardmember Agreement or visit blanks below and retain the authorization for your records.
https://discover.com/billingrights for a copy of this Notice.
Amount
Payments. You may pay all or part of your Account balance at any time. However, you Orull eay O Min Pay
must pay at least the Minimum Payment Due by the Payment Due Date. Send only
OMin Pay+ $ 00ther Amount $
your allowable form of payment ("Payment") and the bottom portion of this statement
in the envelope provided, after affixing postage. Payments sent without proper Bank Routing #
postage will be returned to the sender. If you pay by check, you authorize us to use Bank Account #
information on your check to make an clectronic fund transfer from your account at Monthly on the O Payment Due Date, or O Day of the month (INSERTDATE)
the financialinstitution indicated on your check or to process the payment as a check
transaction. If a Paymenlis 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 from your account as soon credit bureaus. Late payments, missed payments, or other defaultson your Account
as the same day we receive your check, and you wdl not receive your check back.
may be reflected in your credit report. We normally report the status and payment
Please donotsend cash. Sending cash is not allowed. The processing of your history of your Account to credit reporting agencies each month. If you believe that
our report is inaccurate or incomplete, please wnte 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 include your name, address,
your Payments, if you send the Payment to any other address, or if you use an
home telephone number and Accoun t 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 SPMlocal time will be credited to (at least 23 days for billing periods that begin in February). We will begin charging
your Account as of the next day. If you have misplaced your envelope, send your interest on Cash Advances and Balance Transfers as of the later of the Transaction
Payment to Discover, PO Box 6103, Carol Stream, IL 60197-6103. Please allow 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 nght to resubmit Account. If you pay the New Balance on your current billing statement by the Payment
it as an electronic debit. Payments made online or by phone before Midnight Eastern 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 billing statements until you pay the New Balance in full and will be billed in
You can also make a Payment or set up automatic payments by calling 1-800-347- the next billing cycle.
2683. Automatic payments for the billing period shown on your statement will be How We Calculateinterest 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 Balance Subject to Interest
mformation.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 average of the daily balances during the billing period.
numbers, you will be agreeing to this authorization to allow us and your bank to
deduct each payment you authorize, in the amount selected by you, from your bank CreditBalances.If your Account has a credit balance, the amount is shown on the
account. You also authorize us to initiate debit or credit entnes to your bank account, front of your billing statement. A credit balance is money that is owed to you. You may
as applicable, to correct an error in the processing of such payment. You can cancel make charges against this amount Ifyour Account Is open. We will send you a refund
or modify a payment from your bank account until 5:00 PM Eastern Time on the day of any remainingbalance of $1,00 or more after6 months, or as otherwise required
such payment is scheduled by calling 1-800-347-2683 or by mail at Discover, PO Box by applicable law, or upon request made to the address in the Contact Us section on
30421, Salt Lake City, UT84130-0421. Same day online or phone payments from page 3 of your billing statement.
bank account made after 5:00 PM Eastern Time may be modified before Midnight
Eastern Time of that day. Payments from Cashback Bonus cannot be modified or Balance Transfers. Balance Transfers are offered at our discretion and accrue interest
cancelled after being made or scheduled. at the standard purchase rate unless we tell you otherwise.
If your payments may vary in amount, we will tell you on each monthly billing Discover may monitor and/or record telephone calls between you and Discover
statement when your payment will be made and how much it will be.You must ensure representatives for quality assurance purposes.
that sufficient funds are availablein your bank account, and all transactions must
Send inquiries to Discover, PO Box 30943, Salt Lake City, UT84130
comply with U.S. law.
You can set up automatic payments for: (i) statemen t New Balance, (ii) statement The Discover® card is issued by Discover Bank, Member FDic.
DIT23-27.0420
Change of Address
If correct on front, do not use. To make changes to your address, email or telephone number, please print clearly in blue or black ink, in the space provided or visit Discover.com.
StreetAddress Home Phone
Work Phone
City Email
State, Zip
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FILED: TIOGA COUNTY CLERK 08/31/2021 09:28 AM INDEX NO. 2021-00061807
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/31/2021
ONLINE PHONE PAYMENTS Page3 of 4
Discover.com or 1-800-347-2683 Discover DISCOVER IT® CARD ENDINGIN7792
download our app TDD 1-800-347-7449 PO Box 6103 OPENTO CLOSEDATE:01/10/2021 - 01/31/2021
Carol Stream
IL 60197-6103
Bonus®
Transactions Cashback Rewards
TRANS. PREVIOUS BALANCE $0.00
DATE PAYMENTS AND CREDITS AMOUNT
EARNED THIS PERIOD +$0.00
01/11 CASHBACK BONUS STATEMENT CREDIT -$0.31
REDEEMED THIS PERIOD -$0.00
01/31 INTERNAL CHARGE-0FF -$2,608.28
CASHBACK BONUS BALANCE $0,00
Fees and Interest Charged
TOTAL FEES FOR THIS PERIOD $0.00
TOTAL INTEREST FOR THIS PERIOD $0.00
2021 TOTALS YEAR-TO-DATE CHARGED AMOUNT
TOTAL FEESCHARGED IN 2021 $40.00
TOTAL INTERESTCHARGED IN 2021 $49.66
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
CURRENTBILLING PERIOD: 22 DAYS
PROMO BALANCE SUBJECT INTEREST
APR* EXPlRES**
TYPE OF BALANCE APR TO INTEREST RATE CHARGE
Purchases 22.99% V N/A $0.00 $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 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 promotional rate 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 Promo APR
Expiration Date.
*** For more
information, please call us at 1-800-347-2683.
Information For You
Availability of FICO® Credit Score
As an active cardmember, you may see your FICO® Credit Score on your monthly statement or online. Reasons why you may not see your FlCO® Credit Scon
include: if you opt out; if you have key information that is mismatched or missing, as one example, an address change that has not been updated with Discove
or TransUnion; if your credit history is too new; if your account status is abandoned, bankrupt, fraud, lost or stolen, closed, revoked, or charged off; if you have
foreign address. Your FICO® Score is disclosed on statements when your statement is available. You may not receive a statement if you have no account activit
such as no purchase transactions, fees, interest, or payments for approximately 30 days.
FICO is a registered trademark of the Fair Isaac Corporation in the United States and other countries.
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FILED: TIOGA COUNTY CLERK 08/31/2021 09:28 AM INDEX NO. 2021-00061807
ITO CARD Page4 of 4
DISCOVERDOC.
NYSCEF NO. 7 lN7792
ENDING RECEIVED NYSCEF: 08/31/2021
-
REBECCAWOODRING OPENTO CLOSEDATE:01/10/2021 01/31/2021
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FILED: TIOGA COUNTY CLERK 08/31/2021 09:28 AM INDEX NO. 2021-00061807
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 08/31/2021
I, 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 Abigail Patton 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 thereof in all respects.
ISt
IN WITNESS WHEREOF, I have set my hand and affixed my seal to this document, this
day of July 2021.
·
Krishna udhan, Esq.
(Ohio Supreme Ct. #0074606)
Attorney at Law, State of Ohio
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