DeclarationCal. Super. - 6th Dist.April 28, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381 1 36 Santa Clara - Civil Erin E. Patterson, SBN 262285 Jason W. Tang, SBN 3 14337 Patrick J. Layman, SBN 59643 Thomas J. Sebourn, SBN 279272 Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 Suttell & Hammer, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 Attorneys for Plaintiff s/h 7753 74.001 Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/20/2021 1:32 PM Reviewed By: D Harris Case #21 CV381 136 Envelope: 7503013 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Case No.: 21CV381 136 DECLARATION IN SUPPORT OF ENTRY Plaintiff, 0F JUDGMENT CCP § 585 (d) LIMITED CIVIL CASE DISCOVER BANK vs. DEBORAH BRAKE Defendant. The Declaration is attached hereto and incorporated herein. DECLARATION IN SUPPORT OF ENTRY OF JUDGMENT CCP 585 (d) - 1 SUTI'ELL & HAMMER, APC PO BOX C-90006; BELLEVUE, WA, 98009 888-788-8355/425-453-3239 FAX D Harris ACCOUNT NUMBER: XXXXXXXXXXXX343 l BALANCE: $5,617.87 CARDMEMBER (S): DEBORAH BRAKE STATE OF OHIO COUNTY OF FRANKLIN Aleisha Wiemken, personally appeared before me, on this day and after being duly sworn, according to law, and upon my oath and states as follows: I am a Litigation Support Coordinator for DISCOVER PRODUCTS INC., successor by merger t0 DB SERVICING CORPORATION, the servicing affiliate ofDISCOVER BANK, an FDIC insured Delaware State Bank. DISCOVER PRODUCTS INC. is responsible for, among other things, maintaining account records pertaining t0 Discover Card accounts and interacting with Discover Card account holders With regard to payments owed on those accounts. This affidavit is made 0n the basis ofmy personal knowledge and in support of the Plaintiff‘s suit on account against the Cardmember(s). In my capacity as Litigation Support Coordinator, Ihave knowledge regarding, and access t0, records regarding the Discover Card account of the above referenced Cardmember(s). DISCOVER PRODUCTS INC. maintains these records in the ordinary course of its business, and the records are updated with information on events (such as charges and payments on the account) by individuals with personal knowledge of those events or by automated processes that track such events at or near the time that the events occur. The same systems that record this information also generate periodic statements that are sent to Discover Cardmember(s), and store copies of these periodic statements. In addition, these same record-keeping systems contain information about Which version of Discover Bank’s terms and conditions has been communicated to an account holder and accepted by an account holder through the use of his or her Discover Card after receipt of the terms and conditions. Ihave personally inspected the records pertaining to the account of the Cardmember(s), including the last periodic statement sent t0 the Cardmember(s) by DISCOVER PRODUCTS INC, to ascertain the applicable terms and conditions, the balance due on said account and whether the Cardmember(s) have made payments on that balance. According to the records maintained by DISCOVER PRODUCTS INC, Plaintiff is the current owner of this receivable and retains all rights to pursue collection from Cardmember(s) for this purpose. According to the records maintained by DISCOVER PRODUCTS INC, during the period of time that account statements were generated, such statements were either provided to the Cardmember(s) electronically 0r mailed to the Cardmember(s) at the address maintained on file during that time period. According to the records maintained by DISCOVER PRODUCTS 1NC., the last known address associated with the Cardmember(s) is/are: 2580 SENTER RD SPC 548 SAN JOSE, CA 95111-1018 The account is in default because the Cardmember(s) have not paid the amounts due and owing t0 Discover Bank on the account. The business records maintained by DISCOVER PRODUCTS INC. and described above show that the last payment that Plaintiff received on the Account was posted on or about . \% l ao&b The business records maintained by DISCOVER PRODUCTS INC. and described above show that the Cardmember(s)’ account with Discover Bank at the time of default was governed by terms and conditions SUT_BRAKE_1208152_1 .6CA 1.6CA referred to as “terms level 26K.” A true and correct copy of these terms and conditions have been provided to DISCOVER PRODUCTS INC.’s counsel in this case. Exhibit A is a true and accurate copy of the last periodic statement sent by DISCOVER PRODUCTS INC. t0 the Cardmember(s), retrieved from the record-keeping system described above, and shows the amount that is now due and owing Discover Bank on the account. DISCOVER PRODUCTS INC. has access to a system of records maintained by the United States Department 0f Defense, Which allows DISCOVER PRODUCTS INC. to ascertain whether a particular person is engaged in active duty in any branch of the U.S. military. It is the regular practice ofDISCOVER PRODUCTS INC. to query this system with respect to any account holder prior to initiating a collection action against that account holder. DISCOVER PRODUCTS INC. maintains records in the normal course 0f its business that indicate the results 0f that query. Based on my review of the account records applicable to Cardmember(s), to the best 0f my knowledge and belief the above referenced Cardmember(s) is not engaged in any of the military services of the United States. Plaintiff requests that the Exhibit A attached hereto be accepted in lieu of the original documents. I declare under penalty of pteury under the laws of the State of California that the foregoing is true and correct to the best ofmy knowledge. SUBSCRIBED TO AND SWORN TO before me this Q day of W , 2021. fl / MHZ? g 0“ STACEY L PROCTER NOTARY Puauc - omo MY COMMISSION EXPIRES 05-21-22 * "’Iumn“ I” ’I )4 rm 0V\\ \ ,I E OF \\‘ ”11mm“ SUT_BRAKE_1208152_1 .6CA 1.6CA {NSCOVER 1T® CARD ENDING IN 3431 CARDMEMBER SENCE 1994 EHSC Previous Balance $5,613.26 Payments and Credits +$0.00 Purchases +£30.00 Balance Transfers +$0.00 Cash Advances +$0.00 Fees Charged +$0.00 Interest Charged ‘ +$4.61 New Eaiame: SS,§1?.8? See interest Charge Calculationsection folkowingthe Fees and interest Charged section for detailed APR information ' Credit Line $10,800 Credit Line Available $0 Cash Advance Credit Line $4,100 Cash Advance Credit Line Avaiiabée $0 FiCO‘E‘ Score 8 based 0n TransUnion‘9 data:- As- os 11/19/20Updated Monthly See Key Factors that hem expfiain your score at Discovemom orvisit our mobile app Detach at perforation above and return With heck payable ts Discover. Do not fold, clip, stapie or send cash. 3|I:l'il‘ihluvdrlhl‘iI“!*IIIH'H‘““Il'ill‘ilml‘lw* DEBORAH BRAKE “EF- 2580 SENTER RD SPC 548 '. SANJOSE CA95111-101s New address, email 0r phone? Please update on reverse. New Baiance $5,617.87 * lndudes past due amoun: of$625.00 Minimum Payment* Payment Due Date 5750.00 12/20/2020 Late Payment Warning: iEwe do not receive your minimum payment by the date listed above, you may have t0 pay a late fee 0f up to $39400. Minimum PaymentWaming: If you make only the minimum payment each period, you wiii pay more 3n interest and it WEE take [ongerto pay offyour baiance. For exampie: If 32m: make m adififiwai Wm win my of? tém And 3mg: Wm mm L153 aimrgea using ihig :ard am bafigmca 53mm} m ihig payimg gm egtimatad each memm ymz pay," gzazwwm m aboai... iotai 63?.“ Oniythe minimum paymem z: years 7 $5,726 Ifyou wouid iike Enfsrmaiion about Credit ceunselingservéces, call us at 1-800347-1221. Notice: See reverse side for important information ACCQUfi? b&UMBfiR ENDENG IN 3431 New Baéance $5,617.87 Minimum Payment Due $750.00 Payment Due Date 12/20/2020 aiscovemom QC} 130953474683 ' See {everse for paymm: cm sff {Emma $9? a faster, easier way w pay.“ PO BOX 29013 PHOENIX AZ 850383013 iulfili'i"[n”1'WIiIIiIIHHIM"Iiil'hh‘il‘PWHIfl UDDUUL3&EH5EUEHLUUQ$UDEEL7S?DDEDH388075008 DISCOVER if® CARD ENEING 1N 3431 DEBORAH BRAKE Important Information See your CardmembeMgreemem. Your CardmemberAgreement contains ail the terms ofyourAccount. Last or Stolen Cards. Report immediateiy! Can 1-800347-2683‘ What Ts Do lfYou ThinkYou Find A Mistake 0n Your Statement: Es‘vou thirk there is an erroron your statementwrite to us at Discover, PO Box 30421, 3a i‘t La <9 Cztv JT 84:30-01:21. 0r Submit the form provided at httpsu’ldiscover‘com,’ billingerromotice. You must contact us within 60 days after the error appeared on yourstatement. You may cakl us, but ifyou d0 we are not required t0 Investigate any potentiai errors, and you may have 2:0 paythe amount in question The Biiiing Rights Notice further expiainsyourflghts. Please see your CardmemberAgseementorvisit http52//discover.com/biliingrights for a copy ofthis Notice. Payments. You mav pa/ ailor sari ofyourACLountbalance at anytime. i-iov ever you mu ~ g av at Ieast th e Minimum Pa merit Due by '{he PaymemDue‘ ate Smud 0n yourallowable form ofpayment(” Payment' ') and the bottom portzon ofthig statement E21 the enveiape provided, afteraffixingpostage. Payments sentwithout praper postage win be :eturned to the sender. lfyou pay by check, you authorize us to use infermatien on your check t0 make an elecéromc fund transferfrom your accountai: the ?inancialinstitution indicated on yourcheck orto process the paymenlas a Check transactionflfa Payment is processed as an electronic fund iransfer the iransfer Nil be forthe amountefthe check, funds may be mthdra» n fromyouraccountas soon as the same day Ne receive yourcheck and you wilt not receive: our check back. Please do not send cash. Sending cash is not allowed The processing ofyour allowabieform ofPaymentmay be dela/ed ifvou send cash. crccrrespondence with yourPayments. ifyou se--1d the Paymemto any otheraddress, 0r if you us e an enveiope other (nan the one pro Iided. Payments received at our processmg facility by 5PM local time on any day will be credited to your Accoun: as ofthat day. Payments received at our processing facilizy after 5PM locai :ime wilé be credized go yourAccount as 0fthe nextday. lfyeu have mispiaced yourenveiope, send your Paymentto Discover, PO Box 6103, Caro? Stream, IL 601976103. Please aiéow 7-10- days fordelivery. lfyourPaymenéis returned unpaid. we- reserve the right :0 resubmit it as an electronic debit. Payments made online or by phene before Midnight Eastern Time on any day except your Statement Ciosing Date will be credited as of the same day; on your Statement Closing Date, online and phone payments must be made before 5:00 PM Eastern Time to be credited as of that day You can also makea Paymentorset Lip automatic payments bycaifingl-SOO-BM- 2683. Automatic payments for the biéimgperiod shewn on yourstatementwiii be deducted on the Payment Due Date shown on that siatement or the nextautomafi: payment date referred to 0n yeur stafement, uniess you reques‘: a recurring paymenéz date that occurs before yourPaymentDue Ba: e. in orderto schedule monthly payments byteiepnone you wit: need this stafementand vourba nk account informafion. Youwm be asKed to provide the {astfour (4) d§gits oftwe social securiiy numberof the primas’y borrower as your eEectronic signature. 8y providing those numbers, you will be agreeingto this authorization to afiow us and you; bank {o deduct each paymemyou authorize in. the amount seiected by you, from vow bank account. You also aumorize us to initiate debit or credit enhées to your bank account, as appiicabie, i0 correct an error in the precessing ofsuch paymem‘ You can c l or modify a payment From your bank account unfi! 5:00 PM Eastern Time on {her such payment is scheduled by caHing1~SOG-3A7«2683 0r bk ailat Discover, Pg 30421, Salt Lake City, UT 8&‘130‘042 1. Same day oniineor pl" ne payments fmm bank account made after 5:00 PM Eastern Téme may be madia‘ied before Midnight Eastern Time ofthat day‘ Payments fmm Cashback Bonus cannot be modified or cancelled after being made or schedtfied. ifyourpayments may vary in amountwe wi'il teli you on each mommy billing statementwhen your paymen; A ES be made and how much it will be‘ You must ensure that sufficientfunds are avaiiable in your bank account, and all transactions mus? comply with UHS {aw You can set up automatic fiayments for: (i) statement New Balance, (ii) statemen; Change 0f Address ‘ Page 2 ofa OPEN TO CLOSE GAE: 10/26/2020 ‘ 11/25/2020 '* "Other dollar amount” en: Due aslisted anyourmonthiy . wiilbeincreased ocover . <31ch xd payment 35ngeaterthan the Mini-num e appliedm acco ce watn yourCardmember ment ifyom schedul d payment :5 gre d. an me New Balanceen your biliéng ‘ SH be 'Jcessed omy for the amountofyour New Balance may be iess than the amGunt indécated on the billing 3.5 or payments after :he Close Date.staiement based en cze vaou em'oil by phOne in Our auiomatic pavment service, pEea se fin m the following bianks beiew and retain the authsrizationfwyourrecords. Amount “sin 9ay- OtherAmounw Banbjutmgéf BankAc-counH-f Monthiyo me PaymenfDue Date o. Day Ofthe month (INSERTDATEE Credit Regorting. ‘" ‘t Reporting \fve ma" :epori infazmation aboutyourAccount [0 credfl: bureaus. LaE: payments, misaea‘ cayments, orother defauttgon yourAccount m‘y be reflected is” vourcredi: report. “’5 normafiyreport the status and payment hi tory ofyourAcc .t t0 credit mperténg agencies each month. h‘you beiievethat our {eport is inaccurate or incompiete, péease write us at this address: Discover. PO Box 30939, Saii Lake City. L‘TSAEBOOQBQ, Please include yourname‘ address. home {elephone numberand Account number. ?ayirsginterest Your gate i5 at {"25 davs afterahe dose of each m ilingaeried 'at least 23 cavs fen February) Wewi H begin charging interestoz’w n Acix sag ofthelaterofthe Transactéo Dam or :he rs: dav .' ’mch the?ransacfion posted 1:0 your Acceun: .fl you pax me New b mentbillingstatemenibythe Payment Due Date shm‘ on Eh R‘ 535“ng sratcmm‘r w Nit! not Smpose interest charges 0n New Purchases. New ?urc‘nases are Purchasesthai firszapgearon the next bilEing . ent. intesest Nilé continuntoaccm ch day on purchasesthatappeared on p ‘ ”‘05“19'nens Lmt l mu pa\ e New Balance Zr; full and wéil be billed :n the flex. b:'ill ngc 'Cie HewWe Caicuiate inierest Charges. We‘ gm the Daiéy Balance Method (ind uding at 1600-3472683.information, piease call us BaianceSubject ?o inkerest Rate.Your Statementshows a BalanceSubject to Interest n catego .The BalanceSubject to mterest Raie daziy baiances during ne biéimg peréod. Credit Baiances. vaourN 50-mt ms a mead balfaLince the amoumis shown 0r: the untQS open We wisisend youarefund 0:6 mentns o as otherwiserequired :n :ne Contact ‘Js section 0n r5 are afferad at our discretion and accrue interest ss we 18H you oi’hemise‘ néi’or record telephone caiis between you and Discover liLy assuraflce purposes. Send inquiries to Brscover, PO Box 3091323, Salt Lake City, UT 84130 -(he Biscoverc:an :s issued byDiscoverBank MemberFDIC. DiTZB-ZZOZQO Ifcorrect on front, do not use. To make changes to your address, emaéi o: telephone number, please prim: cieariy in blue or black ink, in the space provided or visit Discovemom. StreeiAddress Home ?hone Work Phone City Emaii State, Zip GMEEE ?%ONE ?AYMENTS Page 3 off; Déscovemmm or 1-800-347-2683 Discover mscovgg gr® {ARD mmNG [N 3431 download our app TDD 1800-3477449 PO BOX 6103 OPEN To CLOSE SAFE: 10/26/2020 w 11/25/2020 Caroé Stream 1L 69197-6103 RO ACTIVITY FOR THES BILUNG PERioD PREVSOUS BALANCE $0.00 EARNED THES PERiOD +$G.00 REDEEMED THiS PERiOD $0.00 TOTAL FEES FOR TH§S PERIOD $9.06 INTEREST CHARGED FOR THIS PEMOD AMOUNT INTEREST CHARGE ON PURCHASES $461 INTEREST CHARGE ON CASH ADVANCES , $0.00 INTEREST CHARGE ON BALANCE TRANSFERS $0.06 TOTAL ENTEREST FOR THIS PEMOD $4.61 2020 ?OTALS YEAR-TO~DATE CHARGED AMOUNT TOTAL FEES CHARGED IN 2020 $0.00 TOTAL INTERESTCHARGED EN 2020 $51.01 YourAnnual Percentage Rate (APR) is the annua! interest rate on youraccoum. CURRENT BiLLING PERIOD: 31 DAYS PROMO BALANCE SUBJECT JNTEREST TYPE OF BALANCE APR‘ APR EXHRES" T0 ENTEREST RATE CHARGE Purchases _ 05/05/2016 and after 0.99% *** $0.00 $0.00 05/04/2016 and prior 0.99% *** $5,490.49 $4.61 Cash Advances 099% *‘** ‘ $0.00 $0439 V = VARIABLE RATE "‘ ifyour atceunt is currentiyenrofled in a special program or is plaied Ento one d "mg the term 02‘th Offer. youwiil receive the benefitofthe lower ratewhile the special program és in effecé. This inciudes‘ E?" applicable, any lower rates as authofized under the Servicemembers Civié ReiiefAci. ** This is the date your promotional rate expizes and the remaining balance wilé b disclosed when you accepted the offerV PEease note: Changingyoumayment due Expiration DateA *** For more information, please cal! us at 1-800-347-2683. e moved :0 your standard AP, date may Change your Promo APR FiC0® Credit Score Terms Your FiCO‘a Credit Score, key Factms, and other credit information use the HCOE’ Score 8 model. They am based on data from TransUnion‘E‘ and may be different from othercredit scores and other credit information provided by different bureaus. This information is intended forand onty provided to Primary account hokders who have an avaiiabte score. Your score, key Factors and other credit information are avaiiable 0n Discovemom and cardmembers are also provided a score on statements‘ Customers will see up t0 a year of recent scores online. Discover and other lenders may use different inputs, such as FICO® Credit Scores, other credit scores and more information in credit decisions. This benefit may change or end in the future. HCO is a registered trademark of t’ne Fair Isaac Corporation in the United States and othercountries Ifyou prefer not to receive your FiCO‘E‘ Credit Score just call us at 1-800‘DISCOVER (1-800-347-2683). Please give us two billing cycles to process your request. Discover Financial Services and Fair Isaac are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act. Discover Financial Services and Fair Isaac do not pr0v§de “credit repair“ services or assistance regarding "rebuilding“ or “improving" your credit record. credit history orcreditrating. Availability of HCO® Credit Scare As an active cardmember, you may see your FICO® Credit Score on your monthly statement or oniine. Reascns why you may not see your FiCO‘i‘ Credit Score include: ifyou opt out; ifyou have key information that is mismatched or méssing, as one example, an address change that has not been updated wfih Discover orT:ansUnion®; ifyour credit history is too new; ifyour account Status is abandoned, bankrupt, fraud, lost orstoien, ciased. revoked, or charged off; ifyou have a 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 activity such as no purchase transactions, fees, interest, orpayments for approximately 3O days. DlSCGVER IY® CARD ENDING 1N 31431 Page 4 0M DEBORAH BRAKE OPEN Tu CLOSE DATE: 10/26/2020 - 111/25/2020
