Preview
Filing # 86251837 E-Filed 03/12/2019 01:45:40 PM
IN THE COUNTY COURT IN AND FOR,
INDIAN RIVER COUNTY, FLORIDA,
CASE NO: 312019CC000506XXXXXX
BARCLAYS BANK DELAWARE
Plaintiff,
vs. COMPLAINT FOR DAMAGES,
CHESTER 8S BRISKE
Defendant(s)
/
COMES NOW the Plaintiff, BARCLAYS BANK DELAWARE, owner of the defaulted debt at issue,
sue(s) the Defendant(s), CHESTER S BRISKE and states as follows:
ACCOUNT STATED
This action is within the jurisdictional limits of this court.
Defendant(s) is/are resident(s) of this county.
All conditions precedent have occurred.
Before the institution of this action Plaintiff and Defendant had business transactions between them
and on 07/30/2018 they agreed to the resulting balance for account number ending in I.
5. Plaintiff rendered a statement of it to Defendant and Defendant did not object to the statement.
6 Defendant owes Plaintiff $10,932.81, since 07/30/2018 on the account.
WHEREFORE, Plaintiff demands judgment for $10,932.81, court costs and any other relief this court may
deem just and proper against Defendant(s).
HAYT, HAYT & LANDAU, P.L.
Attorneys for Plaintiff
7765 S.W. 87 Avenue, Suite 101
Miami, FL 3317. 34 Robert
501379
J. Orovitz
(305) 661-6660
BY:
Dana M. Stern Bar No: 01 09
Jason 8. Dragutsky Bar No: 0757551
Robert Orovitz Bar No.: 501379
DESIGNATION OF EMAIL ADDRESS.
eservice@haytfla.com
Please understand that this is an attempt to collect a debt and any information we obtain will be used for that
ose.
Our File #: 390765
BARCLAYS BANK DELAWARE
Plaintiff,
vs. AFFIDAVIT IN SUPPORT OF CLAIM
CHESTER S BRISKE
Defendant(s)
STATE OF DELAWARE
COUNTY OF NEW CASTLE
BEFORE ME, the undersigned authority, personally appeared, who after being duly sworn.
deposes and says:
LL Tak \ \ how am over 18 years old and competent to make this
affidavit. I am a records custodian fopthe Plaintiff, BARCLAYS BANK DELAWARE. I am duly
authorized to make this affidavit, and because of the scope of my job responsibilities, | am familiar with
the manner and method by which BARCLAYS BANK DELAWARE maintains its normal business
books and records, including computer records of defaulted accounts.
2. These books and records are made in the course of regularly conducted business activity at or
near the time the events they purport to describe occurred by a person with knowledge of the acts and
events. The contents of this affidavit are true and correct based upon my personal knowledge of the
processes by with BARCLAYS BANK DELAWARE maintains its books and records.
3. The books and records show that Defendant(s) CHESTER S BRISKE opened an account.
account number lon 04/28/2012 and stopped making payments when due. The books
and records of BARCLAYS BANK DELAWARE show that the account was charged off on 07/30/2018.
The records further show that the Defendant is currently indebted to BARCLAYS BANK DELAWARE
in the amount of $10932.81. All just and lawful offsets, payments and credits have been made to the
Defendant's account.
4. I declare under penalty of perjury that the foregoing is true and correct and if called as a
witness 1 would competently testify under oath t! hereto.
FURTHER AFFIANT SAYETH NAUGI
hata
fy —
STATE OF DELAWARE
COUNTY OF NEW CASTLE
Signed and sworn to (or affiiHirmed) before me this_/(z ey of
oh 4 Tawor BE LAG by
a} Al
Sb
NOTARYSie
My Commission Expires: (gle 24 (seal)
Our File #: 390765
Please understand that this is an attempt to collect a debt and any information we obtain will. used for
that purpose.
Department of Defense Manpower Data Center Resultsas of ; Deo-10-2018 02:16:51 PML
SORA 49
S in,
ee Status Report
Pursuant to Servicemembers Civil Relief Act
SSN:
Birth Date:
Last Name: BRISKE
First Name: CHESTER S
Middie Name:
Status As Of: Dec-10-2018
Certificate ID 8GXB3J881 ZMHW5D
‘On Active Duty On Acive Duty Status Date
Active Duty Sten Oe ‘Active Duty End Date ‘Seas ‘Senior Component
NA NA Ne NA
“This response reflec the indvicuals’ active duty status based on the Active Duty Status Date
Let Active Duty Within 387 Days of Active Duty Status Date
Active Duty Stan Date ‘Active Outy End Date Status ‘Benvice Component
NA NA Ne NA
“This response retlocts where the incivicual ett active duty status wethin 367 cays preceding the Active Duty Status Date
The Member or HisvHer Unt Was Notitied of a Future Gall-Upte Active Duty on Active Duty Status Dato
(Order Notifeation Stan Date ‘Oraer Nation Eng Date ‘Staus ‘Senice Component
NA NA No NA
‘This response retfects whether the incivicual or his ner unit has received early noiiieaton to repor for active uty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Comps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of {ulure orders to report for Active Duty.
]
Michael V. Sorrento, Director
AM Smrevbo
Department of Delense - Manpower Data Center
400 Gigling Rd
Seaside, CA 93855
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enroliment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers’ and Sailors' Civil Retief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the
individual is currently on active duty” responses, and has experienced only a small error rate. tn the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SGRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q33) via this URL: https//scra.dmdc.osd.mil/laq.xhtml#Q33. if you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. ? 521(c)
This response reflacts the following information: (1) The individuat's Active Duty status on the Active Duty Status Date (2) Whether the individual lett Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status”
Active duty status as reported in this certificate Is defined in accordance with 10 USC ? 101(d) (1). Prior to 2040 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC ? 502(f} for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGAR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status aiso applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for ail the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
‘Those who could rely on this certificate are urged to seek qualified legal counset te ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided basedon a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
a.
igh a4 &
Cl ” (Ss Barclaycard Rewards® Mastercard® Statement
CHESTER S BRISKE JR {Account Ending i! I Statement Period 06/18/14 8-07/17/18 Page 1 of 5
cos! : a ms a uy i ne
Previous Balance as of 96/18/18 1 0,605.37 Statement Balance; $10,932.81
Payments ee $0.00 Minimum Payment Due: $2,589.29
Fees Charged oe $37.00 Payment Due Date: 08/14/18
Inter t Charged 10.44 Late Payment Warning: If we do not receive your minimum payment by the
71474 date listed above, you may have to pay a late fee of up to $37.00.
Past Duo. $2238.00 Minimum Payment Warning: If you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
> APR Details beginon page 2 in the Interest Charge balance. For example oo
Calculation section,
> Transaction details begin on page 2. If you make no j You will pay off the And you will ond up A
additional charges using | balance shown on this paying an estimated total
se this card and each mont! statement in about... of...
You pay. os ws
Total Credit Line $0.00
Only the minimum 23 years $26,778.00
Includes $0.00 cash advance line L it oo oe a oo
Available Credit Line “$0.00 bir you would tke Information about credit counseling services, please call e00.s70-1408,
as of 07/17/18 ~
Availabl for ivances Repayment information based on activity and APR'son your account as ofthe closing date.
Overlimit Amount : $932.81
Lu IMPORTANT INFORMATION FOR RESIDENTS OF NEW YORK #f you have questions about the
terms
of your account call Barclays
at 866-928-8598 . New York residents may contact the New. York
WS ‘State Departinent of Financial Services by telephone (800) 342-3736, or visit ts website, www.dis.ny.gov,
for free information on comparative credit card rates, fees and grace periods.
Points Eamed This Period _ oe sn
Total Points Balance PAST DUE: Your account is Past Due. Payment of the past due amount of $2,235.00 is due
immediately. ‘This past due amount has been added to your minimum payment due.
* For deals s60 page 3
VERLIMIT: Your account is over the credit line. Payment of the amount over your credit line is due
- - immediately to bring your account current,
‘SEE INSIDE: You may have additional important messages inside,
NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION
vs se ss so srs esr
‘Ways
to pay:
saris
*) BarctaysUS.com
san
(E arsays Mobile App & 866-928-8598 pine PANES BE
Bese
Be ment Bal as of 74 fe xin $16,323 2.84
ARC “y ay
APE wm Payn Dueus. (includes $2,235.00 past due amount}
Paymen
Amount Enclosed: $ ' ' ~ .
Make check payable to Barclays. Allow 7- 10 days for USPS. delivery.
weeeee manifest line aeee ween Barciays
CHESTERS BRISKE R_ P.O. Box 13337
‘STE1600 Philadelphia, PA 19101-3337
11 BROADWAY eeb ete ene
ete alle
NEW YORK NY 10004-1462
ee be eee
(7) heck fr eidroay cena and plane chaniges Comdite for om the back
Barclaycard Rewards® Mastercard® Statement
CHESTER S BRISKE JR {Account Ending i! | Statement Period 06/18/18-07/17/18 Page 2 of 5
os os
Transaction Date Posting Date Description Points Amount
yine
No Payment Received $0.00
wae oo wo oo oe
Total payments for this period : NA $0.00
Purche 6 vity for CMI 3 BRISK! card ending 2900
No Transaction Activity at This Time $0.00
se ~ so so oo
Total purchase activity for this period NIA $0.00
To see activity after this statement period,
vist BarclaysUS.com
es e 2
ae we - se o
Transaction Date Posting Date Description Amount
Fees Ch a
Jul 14 Jul 15 LATE PAYMENT FEE $37.00
-
Total foes for this period $37.00
ink srest Charged
wali
an
Total interest for this period
Ierst Charge On Puce o oe se
$210.44
ve
$210.44
Le ¥ hoe
| Total fees charged in 2018 ‘$249.00 i
otal interest charged in 2018 $1372.48 |
- wo o on wo o on
| This Year-to-date summary refiects the Foes and interest charged on biting statements with closing dates in 2018,
| and does not reflect any subsequent fee and/or interest adjustments,
Co ~ Co ~ - oe
wo a o
Promotional Balance Subject Annual Percentage Interest
‘Type of Balance Rate End Date to Interest Rate Rate (APR) Charge
Pur We
Standard Purchases $10,791.62 23.74%(v) $210.44
* continued on page 3
os - - one a oer
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Barclaycard Rewards® Mastercard® Statement
CHESTER S BRISKE JR {Account Ending i! | Statement Period 06/18/18-07/17/18 Page 3 of 5
Promotional Balance Subject Annual Percentage Interest
Type of Balance Rate End Date to Interest Rate Rate (APR) Charge
Bat: ne vans
Standard Balance Transfers/Checks $0.00 23.74%(v) $0.00
Ach vane
1 Ach 3
~
Standard Gash Advance
Total ,
oo os 200 26.99% (v)
000
$210.44
‘Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate
See the “Important Information” section of this statement for more information about how we calculate interest.
- vo cc - - oon os wo os co
AVOIDING INTEREST ON PURCHASES (GRACE PERIOD):
If you have @ 0% promotional APR on all of your Purchase balances, you can avoid paying interest on those balances during the applicable promotional period, However, pay
at least
your Minimum Payment Due to avoid a late fee,
if you five bots Puchens het with APR crector the 0% ard jou al fave ther reratonel balances on your Account, you can avoid paying interest on your Purchases by
paying $ 10,932.81 (this amount indludes any Minimum Payment Due required to avoid a late fee), Please refer to the “Accrual of interest
and How to Avoid Paying interest on
Purchases” paragraph on the back of this Statement for further detail,
Beginning Points Balance
Points earned on qualifying purchases
Ending Points balance
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Important Information * BARCLAYS
Page 4 of 5
Information About Credit Bureau Reporting: We may report information about your adress by 5 p.m. ET that otherwise meets the requirements of a conforming payment will
account to credit bureaus. Late payments, missed payments, or other defauits on your be credited to your account that same day.
account
may be reflected in your credit report.
How We Will Calculate Interest. We use a method called “daily balance" (including new
Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is purchases), We calculate interest separately for each “Balance Subject to Interest Rate.”
lost or stolen, please contact us immediately at 866-928-8598 at any time. ‘These include for example, Purchases at the current rate, Balance Transfersat the current
rate, Cash Advances at the current rate, and different promotional balances, Your monthly
Payment information: Each billing cycle, you must pay at least the Minimum Payment Due billing statement shows each “Balance Subject to Interest Rate.”
‘shown on your monthly statement by its Payment Due Date, Both the Minimum Payment
Due and Payment Due Date are noted on your statement and on your home page when you To calculate interest, we first calculate a dally balance for each Balance Subject to interest
login to BarcaysUS.com. At any time you may pay more than the Minimum Payment Dueup. Rate, We start with the balance, for that Balance Subjectto Interest Rate, as of the end of
to the full amount you owe us, however you cannot “pay ahead". This means that if you ‘the previous day. We add any interest calculated on the previous day's balance. (This means
pay more than the required Minimum Payment Due in any billing cyde or if you make more interest is compounded daily). We add any new Purchases, Balance Transfers or Cash
than one payment in a billing cycle, you will still need to pay the next month’s required Advances
to the appropriate balance, subtract any new payments or credits from the
Minimum Payment Due by your next Payment Due Date. Remember to make all checks appropriate balance, and make other adjustments. A credit balance is treated as a balance
payable to Bardays, Please allow 7 to 10 days for the U.S. Postal Service to deliver of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this
your payment to us, Upon our receipt, your available credit may not be increased ‘for each day in the billing period. That gives us the daily interest. We add up all the daily
by the payment amount for up to 7 days to ensure the funds from the bank on interest for all of the daily balances to get the total interest for the billing period.
which your payment is drawn are collected and not returned. When you provide a
check as payment on this Account, you authorize us to either use the information from your Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date
check to make a one-time electronic fund transfer from your account or to process the at least 23 days after the close of each billing cyde. On Purchases, interest begins to accrue
payment as a check transaction. When we use information from your check to make an 8 of the transaction date. However, you can avoid paying interest on Purchases in any
electronic fund transfer, funds may be withdrawn from your account as soon as the same. given billing cyce if you pay your Staternent Balance in full by the Payment Due Date.You
day we receive your payment, and you will not receive your check back from your financial may also avoid paying interest on Purchases if either Paragraph A or Paragraph B of this
institution, For inquiries, please call 866-928-8598. section applies fo your account.
Mailed Payments: A conforming payment received by us by 5 p.m. ET will be credited to A. If you have Purchase balances with a 0% promotional APR, you can avoid paying interest
your account the day of receipt. A “conforming payment” is a payment that: 1) is mailed on those Purchase balances during the promotional period, and the following ParagraphB
using the encosed envelope and payment coupon included with this statement or mailed will not apply to your account. (However, to avoid a late fee, payat least your Minimum
with a payment coupon printed from BarclaysUS.com to Barclays, P.O. Box 13337 Payment Due.)
Philadelphia, PA 19101-3337; and 2) is in the form of a single, nonfolded check or money B. If you have Purchase balances with an APR that is greater than 0%, and you also have
order made payabie in U.S. dollars from a U.S, based institution. Any payment that does not other types of promotional balances
on your account, you still may be able to avoid paying
meet these requirements, or any payment with muitiple checks or money orders, additional interest on those balances without paying your Statement Balance in full. If this appliesto
correspondence, staples, paperdiips, etc, will be considered a “non-conforming payment” your Account, you will see a Paragraph titled “Avoiding Interest on Purchases (Grace
which may delay the crediting of the payment for up to 5 days. Period)" appearing directly below the Interest Charge Calculation section on the front of
this Statement. This will show the amount you can pay by the Payment Due Date and still
Other Payment Options: avoid interest charges on your Purchase balances. This amount may differ from your
Web: Visit BarclaysUS.com to set up your payments. ‘Statement Balance, It may differ because you currently have certain promotional APR
Mobile: To download the Barcays Mobile App, text MOBILEto 53818. balances, and the nonpayment of these balances will not affect your grace period on
Phone: Call us at 866-928-8598 and we will process your payment. Purchases, provided you pay all other balances on your account, (However, to avoid a late
fee, pay at least your Minimum Payment Due.)
All payments made via web, mobile app or pay by phone by 7:00 p.m. ET will be credited For Balance Transfers, interest will accrue from the transaction date which generally will be
fo your account that same day. the day the payee accepts the Check. For Cash Advances, interest will accrue from the
transaction date which generally will be the day you take the Cash Advance. Please note
‘Ovemight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to that purchases of Cash Equivalents, which include money orders, travelers checks, foreign
Card Services, 400 White Clay Center Drive, Newark, DE 19711.
A payment received at this currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances
Continued on page 5
— _ _ _ _ ao oon oo cn ne cn ne - ao
i
| Make Changes to your contact information ‘below
Name
_
Address
City State Zip
Home Phone Work Phone
Email Address
* BARCLAYS
Page 5 of 5
and do not have a grace period. See your Cardmember Agreement for more information. While we investigate, the same rules apply to the disputed amount as discussed above.
After we finish our investigation, we will tell you our decision. At that point, if we think you
Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a ‘owe an amount and you do not pay, we may report you as delinquent.
“Minimum interest Charge” or “Minimum Charge."
Please refer to your Cardmember Agreement for additional information about the terms of
‘Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau your Account.
report is inaccurate or incomplete, please contact the reporting agency directly or contact us
at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801, Please include your name; *2018 Barays Bank Delaware, member FDIC
your account number; the credit reporting agency where you received the bureau report; a
description of the error; and why you believeit is an error, We will promptly investigate,
‘notify you of our findings, and send an update to the credit bureaus if warranted within 30
days.
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at:
Card Services
P.O. Box 8802
Wilmington, DE 19899-8802.
In your letter, give us the following information:
Account information: Your name and account number,
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you:
believeis wrong and why you believe it is a mistake,
‘You must contact us within 60 days after the error appeared on your statement.
‘You must notify us of any potential erorsin writing. You may callus, but if you do we are
not requiredto investigate any potential errors and you may have to pay the amount in
question,
While we investigate whether or not there has been an error, the following are true:
. We cannot try to collect the amount in question, or report you as delinquent on that
amount.
‘The charge in question may remain on your statement, and we may continue to
charge you interest on that amount. But, if we determine that we made a mistake,
‘you will not have to pay the amount in question or any interest or other
fees related
to that amount.
While you do not have to pay the amount in question, you are responsible for the
remainder of your balance,
We can apply any unpaid amount against your credit limit,
Your Rights If You Are Dissatisfied With Your Credit Card Purchases:
If you are dissatisfied with the goods or services that you have purchased with your credit
card, and you have tried in good faith to correct the problem with the merchant, you may:
have the right not to pay the remaining amount due
on the purchase.
To uss this right, all of the following must be true:
4 The purchase must have been made in your home state or within 100 miles
of your
current mailing address, and the purchase price must have been more than $50.
(Note: Neither
of these are necessary if your purchase was based on an advertisement
we mailed fo you, or if we own the company that sold you the goods or services.)
You must have used your credit card for the purchase. Purchases
made with cash
advances from an ATM or with a check that accesses your credit card account do not
qualify.
3, ‘You rust not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase,
contact us
in writing at:
Card Services
P.O, Box 8802
Wilmington, DE 19899-8802.
it & 4 use s Bar Mot e App
Preview
Filing # 86251837 E-Filed 03/12/2019 01:45:40 PM IN THE COUNTY COURT IN AND FOR, INDIAN RIVER COUNTY, FLORIDA, CASE NO: 312019CC000506XXXXXX BARCLAYS BANK DELAWARE Plaintiff, vs. COMPLAINT FOR DAMAGES, CHESTER 8S BRISKE Defendant(s) / COMES NOW the Plaintiff, BARCLAYS BANK DELAWARE, owner of the defaulted debt at issue, sue(s) the Defendant(s), CHESTER S BRISKE and states as follows: ACCOUNT STATED This action is within the jurisdictional limits of this court. Defendant(s) is/are resident(s) of this county. All conditions precedent have occurred. Before the institution of this action Plaintiff and Defendant had business transactions between them and on 07/30/2018 they agreed to the resulting balance for account number ending in I. 5. Plaintiff rendered a statement of it to Defendant and Defendant did not object to the statement. 6 Defendant owes Plaintiff $10,932.81, since 07/30/2018 on the account. WHEREFORE, Plaintiff demands judgment for $10,932.81, court costs and any other relief this court may deem just and proper against Defendant(s). HAYT, HAYT & LANDAU, P.L. Attorneys for Plaintiff 7765 S.W. 87 Avenue, Suite 101 Miami, FL 3317. 34 Robert 501379 J. Orovitz (305) 661-6660 BY: Dana M. Stern Bar No: 01 09 Jason 8. Dragutsky Bar No: 0757551 Robert Orovitz Bar No.: 501379 DESIGNATION OF EMAIL ADDRESS. eservice@haytfla.com Please understand that this is an attempt to collect a debt and any information we obtain will be used for that ose. Our File #: 390765 BARCLAYS BANK DELAWARE Plaintiff, vs. AFFIDAVIT IN SUPPORT OF CLAIM CHESTER S BRISKE Defendant(s) STATE OF DELAWARE COUNTY OF NEW CASTLE BEFORE ME, the undersigned authority, personally appeared, who after being duly sworn. deposes and says: LL Tak \ \ how am over 18 years old and competent to make this affidavit. I am a records custodian fopthe Plaintiff, BARCLAYS BANK DELAWARE. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, | am familiar with the manner and method by which BARCLAYS BANK DELAWARE maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity at or near the time the events they purport to describe occurred by a person with knowledge of the acts and events. The contents of this affidavit are true and correct based upon my personal knowledge of the processes by with BARCLAYS BANK DELAWARE maintains its books and records. 3. The books and records show that Defendant(s) CHESTER S BRISKE opened an account. account number lon 04/28/2012 and stopped making payments when due. The books and records of BARCLAYS BANK DELAWARE show that the account was charged off on 07/30/2018. The records further show that the Defendant is currently indebted to BARCLAYS BANK DELAWARE in the amount of $10932.81. All just and lawful offsets, payments and credits have been made to the Defendant's account. 4. I declare under penalty of perjury that the foregoing is true and correct and if called as a witness 1 would competently testify under oath t! hereto. FURTHER AFFIANT SAYETH NAUGI hata fy — STATE OF DELAWARE COUNTY OF NEW CASTLE Signed and sworn to (or affiiHirmed) before me this_/(z ey of oh 4 Tawor BE LAG by a} Al Sb NOTARYSie My Commission Expires: (gle 24 (seal) Our File #: 390765 Please understand that this is an attempt to collect a debt and any information we obtain will. used for that purpose. Department of Defense Manpower Data Center Resultsas of ; Deo-10-2018 02:16:51 PML SORA 49 S in, ee Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: BRISKE First Name: CHESTER S Middie Name: Status As Of: Dec-10-2018 Certificate ID 8GXB3J881 ZMHW5D ‘On Active Duty On Acive Duty Status Date Active Duty Sten Oe ‘Active Duty End Date ‘Seas ‘Senior Component NA NA Ne NA “This response reflec the indvicuals’ active duty status based on the Active Duty Status Date Let Active Duty Within 387 Days of Active Duty Status Date Active Duty Stan Date ‘Active Outy End Date Status ‘Benvice Component NA NA Ne NA “This response retlocts where the incivicual ett active duty status wethin 367 cays preceding the Active Duty Status Date The Member or HisvHer Unt Was Notitied of a Future Gall-Upte Active Duty on Active Duty Status Dato (Order Notifeation Stan Date ‘Oraer Nation Eng Date ‘Staus ‘Senice Component NA NA No NA ‘This response retfects whether the incivicual or his ner unit has received early noiiieaton to repor for active uty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Comps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of {ulure orders to report for Active Duty. ] Michael V. Sorrento, Director AM Smrevbo Department of Delense - Manpower Data Center 400 Gigling Rd Seaside, CA 93855 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enroliment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sailors' Civil Retief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the individual is currently on active duty” responses, and has experienced only a small error rate. tn the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SGRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https//scra.dmdc.osd.mil/laq.xhtml#Q33. if you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c) This response reflacts the following information: (1) The individuat's Active Duty status on the Active Duty Status Date (2) Whether the individual lett Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status” Active duty status as reported in this certificate Is defined in accordance with 10 USC ? 101(d) (1). Prior to 2040 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC ? 502(f} for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGAR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status aiso applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for ail the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. ‘Those who could rely on this certificate are urged to seek qualified legal counset te ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided basedon a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. a. igh a4 & Cl ” (Ss Barclaycard Rewards® Mastercard® Statement CHESTER S BRISKE JR {Account Ending i! I Statement Period 06/18/14 8-07/17/18 Page 1 of 5 cos! : a ms a uy i ne Previous Balance as of 96/18/18 1 0,605.37 Statement Balance; $10,932.81 Payments ee $0.00 Minimum Payment Due: $2,589.29 Fees Charged oe $37.00 Payment Due Date: 08/14/18 Inter t Charged 10.44 Late Payment Warning: If we do not receive your minimum payment by the 71474 date listed above, you may have to pay a late fee of up to $37.00. Past Duo. $2238.00 Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your > APR Details beginon page 2 in the Interest Charge balance. For example oo Calculation section, > Transaction details begin on page 2. If you make no j You will pay off the And you will ond up A additional charges using | balance shown on this paying an estimated total se this card and each mont! statement in about... of... You pay. os ws Total Credit Line $0.00 Only the minimum 23 years $26,778.00 Includes $0.00 cash advance line L it oo oe a oo Available Credit Line “$0.00 bir you would tke Information about credit counseling services, please call e00.s70-1408, as of 07/17/18 ~ Availabl for ivances Repayment information based on activity and APR'son your account as ofthe closing date. Overlimit Amount : $932.81 Lu IMPORTANT INFORMATION FOR RESIDENTS OF NEW YORK #f you have questions about the terms of your account call Barclays at 866-928-8598 . New York residents may contact the New. York WS ‘State Departinent of Financial Services by telephone (800) 342-3736, or visit ts website, www.dis.ny.gov, for free information on comparative credit card rates, fees and grace periods. Points Eamed This Period _ oe sn Total Points Balance PAST DUE: Your account is Past Due. Payment of the past due amount of $2,235.00 is due immediately. ‘This past due amount has been added to your minimum payment due. * For deals s60 page 3 VERLIMIT: Your account is over the credit line. Payment of the amount over your credit line is due - - immediately to bring your account current, ‘SEE INSIDE: You may have additional important messages inside, NOTICE: SEE REVERSE SIDE OR END OF STATEMENT FOR IMPORTANT INFORMATION vs se ss so srs esr ‘Ways to pay: saris *) BarctaysUS.com san (E arsays Mobile App & 866-928-8598 pine PANES BE Bese Be ment Bal as of 74 fe xin $16,323 2.84 ARC “y ay APE wm Payn Dueus. (includes $2,235.00 past due amount} Paymen Amount Enclosed: $ ' ' ~ . Make check payable to Barclays. Allow 7- 10 days for USPS. delivery. weeeee manifest line aeee ween Barciays CHESTERS BRISKE R_ P.O. Box 13337 ‘STE1600 Philadelphia, PA 19101-3337 11 BROADWAY eeb ete ene ete alle NEW YORK NY 10004-1462 ee be eee (7) heck fr eidroay cena and plane chaniges Comdite for om the back Barclaycard Rewards® Mastercard® Statement CHESTER S BRISKE JR {Account Ending i! | Statement Period 06/18/18-07/17/18 Page 2 of 5 os os Transaction Date Posting Date Description Points Amount yine No Payment Received $0.00 wae oo wo oo oe Total payments for this period : NA $0.00 Purche 6 vity for CMI 3 BRISK! card ending 2900 No Transaction Activity at This Time $0.00 se ~ so so oo Total purchase activity for this period NIA $0.00 To see activity after this statement period, vist BarclaysUS.com es e 2 ae we - se o Transaction Date Posting Date Description Amount Fees Ch a Jul 14 Jul 15 LATE PAYMENT FEE $37.00 - Total foes for this period $37.00 ink srest Charged wali an Total interest for this period Ierst Charge On Puce o oe se $210.44 ve $210.44 Le ¥ hoe | Total fees charged in 2018 ‘$249.00 i otal interest charged in 2018 $1372.48 | - wo o on wo o on | This Year-to-date summary refiects the Foes and interest charged on biting statements with closing dates in 2018, | and does not reflect any subsequent fee and/or interest adjustments, Co ~ Co ~ - oe wo a o Promotional Balance Subject Annual Percentage Interest ‘Type of Balance Rate End Date to Interest Rate Rate (APR) Charge Pur We Standard Purchases $10,791.62 23.74%(v) $210.44 * continued on page 3 os - - one a oer it & 4 use s Bar Mot e App Barclaycard Rewards® Mastercard® Statement CHESTER S BRISKE JR {Account Ending i! | Statement Period 06/18/18-07/17/18 Page 3 of 5 Promotional Balance Subject Annual Percentage Interest Type of Balance Rate End Date to Interest Rate Rate (APR) Charge Bat: ne vans Standard Balance Transfers/Checks $0.00 23.74%(v) $0.00 Ach vane 1 Ach 3 ~ Standard Gash Advance Total , oo os 200 26.99% (v) 000 $210.44 ‘Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) = Variable Rate See the “Important Information” section of this statement for more information about how we calculate interest. - vo cc - - oon os wo os co AVOIDING INTEREST ON PURCHASES (GRACE PERIOD): If you have @ 0% promotional APR on all of your Purchase balances, you can avoid paying interest on those balances during the applicable promotional period, However, pay at least your Minimum Payment Due to avoid a late fee, if you five bots Puchens het with APR crector the 0% ard jou al fave ther reratonel balances on your Account, you can avoid paying interest on your Purchases by paying $ 10,932.81 (this amount indludes any Minimum Payment Due required to avoid a late fee), Please refer to the “Accrual of interest and How to Avoid Paying interest on Purchases” paragraph on the back of this Statement for further detail, Beginning Points Balance Points earned on qualifying purchases Ending Points balance _ _ oe oe ow co a ow a coe a ee it & 4 use Bar Mot e App Important Information * BARCLAYS Page 4 of 5 Information About Credit Bureau Reporting: We may report information about your adress by 5 p.m. ET that otherwise meets the requirements of a conforming payment will account to credit bureaus. Late payments, missed payments, or other defauits on your be credited to your account that same day. account may be reflected in your credit report. How We Will Calculate Interest. We use a method called “daily balance" (including new Lost or Stolen Card: Your credit card is issued by Barclays Bank Delaware. If your card is purchases), We calculate interest separately for each “Balance Subject to Interest Rate.” lost or stolen, please contact us immediately at 866-928-8598 at any time. ‘These include for example, Purchases at the current rate, Balance Transfersat the current rate, Cash Advances at the current rate, and different promotional balances, Your monthly Payment information: Each billing cycle, you must pay at least the Minimum Payment Due billing statement shows each “Balance Subject to Interest Rate.” ‘shown on your monthly statement by its Payment Due Date, Both the Minimum Payment Due and Payment Due Date are noted on your statement and on your home page when you To calculate interest, we first calculate a dally balance for each Balance Subject to interest login to BarcaysUS.com. At any time you may pay more than the Minimum Payment Dueup. Rate, We start with the balance, for that Balance Subjectto Interest Rate, as of the end of to the full amount you owe us, however you cannot “pay ahead". This means that if you ‘the previous day. We add any interest calculated on the previous day's balance. (This means pay more than the required Minimum Payment Due in any billing cyde or if you make more interest is compounded daily). We add any new Purchases, Balance Transfers or Cash than one payment in a billing cycle, you will still need to pay the next month’s required Advances to the appropriate balance, subtract any new payments or credits from the Minimum Payment Due by your next Payment Due Date. Remember to make all checks appropriate balance, and make other adjustments. A credit balance is treated as a balance payable to Bardays, Please allow 7 to 10 days for the U.S. Postal Service to deliver of zero. We then multiply each daily balance by the applicable daily periodic rate. We do this your payment to us, Upon our receipt, your available credit may not be increased ‘for each day in the billing period. That gives us the daily interest. We add up all the daily by the payment amount for up to 7 days to ensure the funds from the bank on interest for all of the daily balances to get the total interest for the billing period. which your payment is drawn are collected and not returned. When you provide a check as payment on this Account, you authorize us to either use the information from your Accrual of Interest and How to Avoid Paying Interest on Purchases. Your due date check to make a one-time electronic fund transfer from your account or to process the at least 23 days after the close of each billing cyde. On Purchases, interest begins to accrue payment as a check transaction. When we use information from your check to make an 8 of the transaction date. However, you can avoid paying interest on Purchases in any electronic fund transfer, funds may be withdrawn from your account as soon as the same. given billing cyce if you pay your Staternent Balance in full by the Payment Due Date.You day we receive your payment, and you will not receive your check back from your financial may also avoid paying interest on Purchases if either Paragraph A or Paragraph B of this institution, For inquiries, please call 866-928-8598. section applies fo your account. Mailed Payments: A conforming payment received by us by 5 p.m. ET will be credited to A. If you have Purchase balances with a 0% promotional APR, you can avoid paying interest your account the day of receipt. A “conforming payment” is a payment that: 1) is mailed on those Purchase balances during the promotional period, and the following ParagraphB using the encosed envelope and payment coupon included with this statement or mailed will not apply to your account. (However, to avoid a late fee, payat least your Minimum with a payment coupon printed from BarclaysUS.com to Barclays, P.O. Box 13337 Payment Due.) Philadelphia, PA 19101-3337; and 2) is in the form of a single, nonfolded check or money B. If you have Purchase balances with an APR that is greater than 0%, and you also have order made payabie in U.S. dollars from a U.S, based institution. Any payment that does not other types of promotional balances on your account, you still may be able to avoid paying meet these requirements, or any payment with muitiple checks or money orders, additional interest on those balances without paying your Statement Balance in full. If this appliesto correspondence, staples, paperdiips, etc, will be considered a “non-conforming payment” your Account, you will see a Paragraph titled “Avoiding Interest on Purchases (Grace which may delay the crediting of the payment for up to 5 days. Period)" appearing directly below the Interest Charge Calculation section on the front of this Statement. This will show the amount you can pay by the Payment Due Date and still Other Payment Options: avoid interest charges on your Purchase balances. This amount may differ from your Web: Visit BarclaysUS.com to set up your payments. ‘Statement Balance, It may differ because you currently have certain promotional APR Mobile: To download the Barcays Mobile App, text MOBILEto 53818. balances, and the nonpayment of these balances will not affect your grace period on Phone: Call us at 866-928-8598 and we will process your payment. Purchases, provided you pay all other balances on your account, (However, to avoid a late fee, pay at least your Minimum Payment Due.) All payments made via web, mobile app or pay by phone by 7:00 p.m. ET will be credited For Balance Transfers, interest will accrue from the transaction date which generally will be fo your account that same day. the day the payee accepts the Check. For Cash Advances, interest will accrue from the transaction date which generally will be the day you take the Cash Advance. Please note ‘Ovemight Payments: Send overnight courier service or U.S.P.S. Priority Mail payments to that purchases of Cash Equivalents, which include money orders, travelers checks, foreign Card Services, 400 White Clay Center Drive, Newark, DE 19711. A payment received at this currency, lottery tickets, gambling chips and wire transfers, are treated as Cash Advances Continued on page 5 — _ _ _ _ ao oon oo cn ne cn ne - ao i | Make Changes to your contact information ‘below Name _ Address City State Zip Home Phone Work Phone Email Address * BARCLAYS Page 5 of 5 and do not have a grace period. See your Cardmember Agreement for more information. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you Minimum Interest Charge: This fee, if imposed, appears in the Summary of Fees as a ‘owe an amount and you do not pay, we may report you as delinquent. “Minimum interest Charge” or “Minimum Charge." Please refer to your Cardmember Agreement for additional information about the terms of ‘Credit Bureau Disputes: If you believe that an entry we have made on your credit bureau your Account. report is inaccurate or incomplete, please contact the reporting agency directly or contact us at Card Services, P.O. Box 8803 Wilmington, DE 19899-8801, Please include your name; *2018 Barays Bank Delaware, member FDIC your account number; the credit reporting agency where you received the bureau report; a description of the error; and why you believeit is an error, We will promptly investigate, ‘notify you of our findings, and send an update to the credit bureaus if warranted within 30 days. What To Do If You Think You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Card Services P.O. Box 8802 Wilmington, DE 19899-8802. In your letter, give us the following information: Account information: Your name and account number, Dollar amount: The dollar amount of the suspected error. Description of problem: If you think there is an error on your bill, describe what you: believeis wrong and why you believe it is a mistake, ‘You must contact us within 60 days after the error appeared on your statement. ‘You must notify us of any potential erorsin writing. You may callus, but if you do we are not requiredto investigate any potential errors and you may have to pay the amount in question, While we investigate whether or not there has been an error, the following are true: . We cannot try to collect the amount in question, or report you as delinquent on that amount. ‘The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, ‘you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance, We can apply any unpaid amount against your credit limit, Your Rights If You Are Dissatisfied With Your Credit Card Purchases: If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may: have the right not to pay the remaining amount due on the purchase. To uss this right, all of the following must be true: 4 The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed fo you, or if we own the company that sold you the goods or services.) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3, ‘You rust not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Card Services P.O, Box 8802 Wilmington, DE 19899-8802. it & 4 use s Bar Mot e App