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`7/13/2018 3:55 PM
`18CV17145
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`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`FOR UMATILLA COUNTY
`
`
`MIDLAND FUNDING, LLC,
`
`
`
`Plaintiff,
`
`
`vs.
`
`TERESA PORTILLO,
`
`
`
`Defendant.
`
`Case No. 18CV17145
`PLAINTIFF’S EX PARTE MOTION
`FOR ORDER OF DEFAULT AND
`JUDGMENT BY DEFAULT
`
`Pursuant to ORCP 69, Plaintiff, by and through its undersigned attorney, moves the
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`Court for an Order of Default and Judgment by Default against the above named
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`Defendant Teresa Portillo for failure to file an answer in the above referenced action within
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`the time prescribed by law.
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`This motion is supported by the Declaration of the undersigned attorney and Plaintiff’s
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`Affidavit, which are attached hereto and by this reference, incorporated herein.
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`Dated July_____, 2018.
`
`
`Gordon, Aylworth & Tami, P.C.
`
`
`
`________________________________
`[ ] Matthew R. Aylworth, OSB #070930
`[ ] Eleanor Tami, OSB #105214
`[ ] Jessica A. Smith, OSB #144344
`[ ] Peter A. Zochowski, OSB #131605
`of Attorneys for Plaintiff
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`Page 1 -- Plaintiff’s Ex Parte Motion for Order of Default and Judgment of Default
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`Case No. 18CV17145
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`Phone: (541) 342-2276 Fax: (541) 343-8059 Email: info@gatlawfirm.com
`
`
`
`Eugene, OR 97402
`
`4023 W 1st Ave / P.O. Box 22338
`
`Attorneys at Law
`
`Gordon, Aylworth & Tami, P.C.
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`13
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`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`FOR UMATILLA COUNTY
`
`
`MIDLAND FUNDING, LLC,
`
`
`
`vs.
`
`TERESA PORTILLO,
`
`
`
`
`
`Plaintiff,
`
`Defendant.
`
`I, the undersigned attorney, declare:
`
`Case No. 18CV17145
`
`DECLARATION
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`I am the attorney for the Plaintiff herein. I make this Declaration in support of the
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`Motion for Order of Default and Money Judgment filed herewith.
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` On May 10, 2018, certified true copies of the Summons and Complaint in the above-
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`entitled matter were served upon Defendant Teresa Portillo. Proof of Service is on file and
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`attached.
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`Defendant has not filed an answer nor made any other appearance herein, although the
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`time provided for doing so has expired. No written notice of intent to appear has been
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`received by Plaintiff.
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`To the best knowledge and belief of the party seeking judgment, the party against whom
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`judgment is sought is not incapacitated as defined in ORS 125.005, a minor, a protected
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`person as defined in ORS 125.005, or a respondent as defined in ORS 125.005.
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`Plaintiff has determined that the Defendant is not a “servicemember” as defined in
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`Section 101(1), or in the Military Service as defined in Section 101(2), of the
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`Servicemembers Civil Relief Act enacted December 19, 2003, and/or a dependent of a
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`servicemember. The Military Status Report is attached as Exhibit A.
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`Plaintiff is applying contemporaneously for Order of Default and Judgment by Default.
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`Phone: (541) 342-2276 Fax: (541) 343-8059 Email: info@gatlawfirm.com
`
`Eugene, OR 97402
`
`4023 W 1st Ave / P.O. Box 22338
`
`Attorneys at Law
`
`Gordon, Aylworth & Tami, P.C.
`
`
`Page 1 – Declaration in Support of Plaintiff’s Motion for Default
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`Case No. 18CV17145
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`This is an action for breach of contract. Proof of Claim is attached hereto in the form of
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`a Credit Card Statement and Bill of Sale with an account specific attachment provided
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`thereto. The Credit Card Statement shows the Charge-off. Charge-off is the required step
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`the bank must take, under the law, to ensure that the account is transformed from a
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`receivable asset to a bad debt liability. Thus, the statement is “zeroed out” on the bank's
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`books, but the debt is not forgiven. So, even though the statement shows an amount due
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`of zero, in fact the Defendant remains liable for the entire amount. Also attached is the
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`Plaintiff’s affidavit.
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`Plaintiff requests post-judgment interest at the statutory rate of 9% per annum from date
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`of judgment, until paid. Plaintiff also seeks costs and disbursements incurred herein,
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`pursuant to ORCP 68, plus interest at the statutory rate of 9% per annum from date of
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`judgment. A Cost Bill is filed herewith.
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`I hereby declare that the above statement is true to the best of my knowledge
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`and belief, and that I understand it is made for use as evidence in court and is subject
`to penalty of perjury.
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`Dated this ______ day of July, 2018.
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`Gordon, Aylworth & Tami, P.C.
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`________________________________
`[ ] Matthew R. Aylworth, OSB #070930
`[ ] Eleanor Tami, OSB #105214
`[ ] Jessica A. Smith, OSB #144344
`[ ] Peter A. Zochowski, OSB #131605
`of Attorneys for Plaintiff
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`Page 2 – Declaration in Support of Plaintiff’s Motion for Default
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`Case No. 18CV17145
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`
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`Phone: (541) 342-2276 Fax: (541) 343-8059 Email: info@gatlawfirm.com
`
`Eugene, OR 97402
`
`4023 W 1st Ave / P.O. Box 22338
`
`Attorneys at Law
`
`Gordon, Aylworth & Tami, P.C.
`
`13th
`
`

`

`TERESA L PORTILLO
`Account Number
`
` 5607
`
`Visit us at www.syncbank.com/amazon
`Customer Service: 1-866-771-1104
`
`Summary of Account Activity
`Previous Balance
`- Other Credits
`+ Fees Charged
`New Balance
`
`Credit Limit
`Available Credit
`Statement Closing Date
`Days in Billing Cycle
`
`Statement Credits Summary
`+ 5% Back
`+ Bonus Statement Credits
`
`Monthly Statement Credits
`
`Statement Credits YTD
`
`Payment Information
`$0.00
`New Balance
`$0.00
`Amount Past Due
`$451.00
`Total Minimum Payment Due
`06/05/2017
`Payment Due Date
`Late Payment Warning: If we do not receive your Total
`Minimum Payment Due by the Payment Due Date listed above,
`you may have to pay a late fee up to $35.00.
`
`$993.78
`$1,028.78
`$35.00
`$0.00
`
`$800.00
`$0.00
`06/04/2017
`30
`
` $0.00
` $0.00
`
` $0.00
`
` $0.00
`
`Statement Credits Explained
`Amazon Prime Store Cardholders can earn 5% Back
`on eligible Amazon.com purchases (as a Statement
`Credit), and also earn Bonus Statement Credits by
`purchasing select items at Amazon.com. Bonus
`Statement Credits are earned in addition to the 5%
`Back benefit.
`
`Visit www.amazon.com/storecard for details
`and to confirm your eligibility.
`
`Transaction Summary
`Tran Date Post Date Reference Number
`OTHER CHARGES
`06/04
`06/04
`06/04
`06/04
`
`F9342004V00999990
`F9342004V00999990
`TOTAL OTHER CHARGES
`
`05/28
`
`05/28
`
`(Continued on next page)
`
`Description of Transaction or Credit
`
`CHARGE OFF ACCOUNT-PRINCIPALS
`CHARGE OFF ACCOUNT-INTEREST CHARGE
`
`FEES
`LATE FEE
`TOTAL FEES FOR THIS PERIOD
`
`Amount
`
`($615.05)
`($413.73)
`($1,028.78)
`
`$35.00
`$35.00
`
`PAYMENT DUE BY 5 P.M. (ET) ON THE DUE DATE.
`NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights Information and other
`important information.
`
`5484
`
`X2G
`
`1
`
`3 5
`
`170604
`
`Z X PAGE 1 of 3
`
`9342 1000 APS6 O1NF5484
`
`Detach and mail this portion with your check. Do not include any correspondence with your check.
`
`Total Minimum
`Payment Due
`$451.00
`
` Amount
`Past Due
`$0.00
`
`Account Number:
`Payment Due
`Overlimit
`Date
`Amount
`06/05/2017
`$0.00
`
` 5607
`New Balance
`
`$0.00
`
`Payment Enclosed: Please use
`blue or black ink.Save a stamp,
`pay on-line at
`www.syncbank.com/amazon.
`
`$
`
`.
`
`New address or email? Print Changes on back.
`
`TERESA L PORTILLO
`DDD975 E GLADYS AVE
`HERMISTON OR 97838
`
`Make Payment to: SYNCHRONY BANK/AMAZON
`PO BOX 960013
`ORLANDO, FL 32896-0013
`
`

`

`Transaction Summary (Continued)
`Tran Date Post Date Reference Number
`
`06/04
`
`06/04
`
`Description of Transaction or Credit
`INTEREST CHARGED
`INTEREST CHARGE ON PURCHASES
`TOTAL INTEREST FOR THIS PERIOD
`
`2017 Totals Year-to-Date
`
`Amount
`
`$0.00
`$0.00
`
`Total Fees Charged in 2017
`Total Interest Charged in 2017
`Total Interest Paid in 2017
`
`$236.04
`$92.15
`$0.00
`
`Interest Charge Calculation
`Your Annual Percentage Rate (APR) is the annual interest rate on your account.
`Expiration
`Annual
`Date
`Percentage Rate
`NA
`26.74% (v)
`
`Type of Balance
`Regular Purchase
`(v) = Variable Rate
`
`Cardholder News and Information
`Statement not provided to customer.
`
`Balance Subject
`to Interest Rate
`$0.00
`
`Interest
`Charge
`$0.00
`
`5484
`
`X2G
`
`1
`
`3
`
`5
`
`170604
`
`Z X PAGE 2 of 3
`
`9342
`
`1000
`
`APS6
`
`O1NF5484
`
`

`

`synchrony
`
`BANK
`
`BILL of SALE
`
`Midland
`
`June 2017
`
`For value received and in further consideration of the mutual covenants and
`conditions
`set
`forth in the
`Purchase Agreement
`(the
`“Agreement”, dated as of this 26" day of August, 2016 by and between Synchrony Bank
`formerly known as GE Capital Retail Bank; RFS Holding, L.L.C.; and Retail Finance
`Credit Services, LLC (collectively “Seller”) and Midland Funding LLC (“Buyer”), Seller
`herebytransfers, sells, conveys, grants, and delivers to Buyer, its successors andassigns,
`without recourse except as set forth in the Agreement, the Accounts as set forth in the
`Notiftcation Files (as defined in the Agreement), delivered by Seller to Buyer on June 22,
`2017, and as further described in the Agreement.
`
`Synchrony Bank _
`
`By: Lew ide
`
`
`
`Ken Wojcik
`
`Title: SVP Collections & Recovery
`
`RFS Holding LLC
`
`Lofe
`
` Pan
`:
`Ken
`Wojcik
`
`By:
`
`Title: Attorney In Fact
`
`Retail Finance Credit Services, LLC
`
`By: Lom ibMe=
`
`Ken Wojcik |
`
`Title: Attorney In Fact
`
`

`

`Field
`
`Account_Number
`
`First_and_Middle_Name
`
`Last_Name
`
`SSN
`
`Birth_Date
`
`Field Data
`
`TERESA
`
`PORTILLO
`
`*****4678
`
`5607
`
`Account_Address_1
`
`DDD975 E GLADYS AVE
`
`City
`
`State
`
`Zip_Code
`
`Home_Phone_Number
`
`Work_Phone_Number
`
`Contract_Date
`
`Last_Payment_Date
`
`Last_Pay_Amount
`
`Last_Purchase_Date
`
`ChargeOff_Date
`
`Current_Balance
`
`HERMISTON
`
`OR
`
`97838-2059
`
`20151004
`
`20161028
`
`40
`
`20151125
`
`20170604
`
`1028.78
`
`Data printed from electronic records provided by SYNCHRONY BANK pursuant to the Bill of Sale / Assignment of Accounts
`transferred on or about 06/29/2017 in connection with the sale of accounts from SYNCHRONY BANK to Midland Funding,
`LLC.
`
`

`

`Jul-12-2018 10:40:05 AM
`
`4.5
`
`XXX-XX-4678
`
`PORTILLO
`TERESA
`
`Jul-12-2018
`FM6CN711Q030SGD
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`No
`
`No
`
`No
`
`NA
`
`NA
`
`NA
`
`Department of Defense Manpower Data Center
`
`Results as of :
`
`SCRA
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`On Active Duty On Active Duty Status Date
`
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`Order Notification Start Date
`
`Order Notification End Date
`
`Status
`
`Service Component
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`
`This response reflects whether the individual or his/her unit has received early notification to report for active duty
`
`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 Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`EXHIBIT A1
`
`

`

`The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment 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 Relief 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. In 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 SCRA, 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/faq.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 reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left 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 2010 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 (AGR) 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 also 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 all 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 counsel to ensure that all rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on 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.
`
`EXHIBIT A2
`
`

`

`IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR UMATILLA COUNTY
`
`180V17145
`Cause No.:
`Midland Funding, LLC
`Plaintiff/Petitioner|Hearing Date:
`vs.
`AFFIDAVIT OF SERVICE OF
`Portillo, Teresa
`Defendant/Respondent|Summons; Compiaint
`
`The undersigned, being first duly sworn, on oath deposes and says: That s(he) is now andatall times herein mentioned
`was a resident of the State of Oregon, over the age of eighteen, not an officer of a plaintiff corporation, not a party to nor
`interested in the above entitled action, has the authority to serve pleadings in the State named below, and is competent to
`be a witnesstherein.
`
`Onthe 10th day of May, 2018 at 6:01 PM at the address of 975 E. Gladys Ave. #DDD, Hermiston, Umatilla, OR
`97838-2059;this affiant served the above described documents upon Teresa Portillo, by then and there personally
`delivering 1 true and correct copy(ies) thereof, by then presenting to and leaving the samewith Teresa Portillo, Who
`accepted service, with identity confirmed by subject saying yes when named,a brown-haired white female
`approx. 45-55 years of age, 5°6"-5'8" tall and weighing 200-240Ibs..
`
`Noinformation was provided or discovered that indicates that the subjects served are membersof the U.S. military.
`
`Service Fee Total: $55.00
`
`DATEDthis 1oM day of Ma ¥
`
`,20_(&
`
`Marcia Evans
`116 SE 15th Ave., Milton-Freewater, OR 97862 541-861-8073
`
`SUBSCRIBED AND SWORNto before methis lOYay of Wa ¥
`
`' 20S-
`
`NOTARY PUBLICin a theState of__¢ Dred w~
`Residing at: mock A_lLO
`My Commission expires
`A -/7~-2]
`
`
`
`ye
`
`i
`
`OFFICIAL STAMP
`DWAYNE A EVANS
`NOTARY PUBLIC-OREGON
`COMMISSION NO. 965270
`MY COMMISSION EXPIRES AUGUST 14, 2021!
`
`= —_ me
`
`
`
`ORIGINAL AFFIDAVIT OF
`
`Tracking #: 0024141538 PDX FIL
`
`= nie
`
`