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FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
The undersigned, being duly sworn, deposes and says:
1, I am an employee of Capital One Services, LLC, ("COSLLC"), an agent
and affiliate of the Original Creditor Capital One Bank (USA), National
Association ("Original Creditor") and I have personal knowledge of and
access to Original Creditor' s books and records ("Business Records"),
including electronic records, relating to a pool of charged÷off consumer
credit accounts sold or assigned by Capital One Bank (USA), National
Association, the Original Creditor to Midland Credit Management Inc ("Debt
Buyer"), on Dec 5, 2019 (the "Sale"), which included the account
("Account") of the consumer ("Consumer") identified in the exhibits
attached hereto and incorporated herein (see Supplemental Affidavit of
Facts and Sale of Account by Original Creditor submitted simultaneously
herewith for important supplemental information for this statement). As
part of the Sale, Original Creditor assigned all of its interest in the
Account, .including the right to any proceeds from the Accounts, to Debt
Buyer, and it transferred Business Records relating to the Account to Debt
Buyer. A true and correct copy of the bill of sale or written assignment
of the acdount is attached as an exhibit to this affidavit.
2. In my position, I also have personal knowledge of Original
Creditor' s procedures for and its Business
creating maintaining Records,
including its procedures relating to the sale and assignment of consumer
credit accounts. Original Creditor's Business Records were made in the
regular course of business and it was the regular course of such business
to make the Business Records. The Business Records were made at or near
the time of the events recorded. Based on my knowledge of Original
Creditor's Business Records, I have personal knowledge of the facts set
forth in this affidavit.
3. original Creditor and Consumer were parties to a credit agreement
("Agreement"). Consumer agreed to pay Original Creditor for all goods,
services, and cash advances provided pursuant to the Agreement. The date
and the amount of the last payment, if any, made by Consumer are set forth
in an exhibit attached hereto and made a part hereof. Consumer defaulted
and a demand for payment was made by Original Creditor. A true and correct
copy of the Agreement is attached as an exhibit to this affidavit.
FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
4. At the time of Sale, Consumer owed the amount set forth in the
exhibits attached hereto and made a part hereof, which also sets forth the
name of the Consumer; the last four digits of the Account number; the date
and amount of the charge-off balance; the daee and amount of the last
payment, if any; the total amounts, if applicable, of any post-charge-off
interest and post-charge--off fees and charges; any post-charge-off credits
or payment made by or on behalf of the Consumer; and the balance due at
the time of the Sale. The above statements are true and correct to the
best of my personal knowledge.
Dated: March , 2020
Amanda Temple
County of Chesterfield, to wit:
commonwealth of virginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in
.and for the jurisdiction aforesaid, by Amanda Temple, who is personally
known to me and who acknowledged before me his/her signature to the
foregoing Affidavit4
SXVEN under my hand and seal this day of March, 2020.
Notary Public
senses,
tLB
ID: BPSLE20191204
ggEagS32993
FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
capital One Account Itemization
Account Number 2358
Original Creditor Capital One Bank (USA), National Association
Borrower's Full Name GESSLER, KRISTAL L
Origination Date 2016-11-25
Last Payment Date 2019-09-18
Last Payment Amount $200.00
Charge off Date 2018-10-25
Charge off Balance $5321.32
Total Post Charge off
Interest at time of sale $0.00
Total Post Charge off
Chargea at time of sale $0.00
Total Post Charge off
Credits at time of sale $1200.00
Sale Date 2019-12-05
Balance at time of Sale $4121.32
FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
SUPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. My name is Amanda Temple. I am an employee of Capital One Services,
LLC ("COSLLC"), an agent and affiliate of Original Creditor Capital One
Bank. (USA) , National Association ("Original Creditor"). I make this
supplemental affidavit in support of Midland Credit Management Inc ("Debt
Buyer")'s request for the entry of judgment in this matter against
GESSLER, KRISTAL L. COSLLC provides services to Original Creditor in
connection with its credit card and related banking practices. My job
responsibilities as Litigation Support Representative provide me with
access to all relevant systems and documents of Original Creditor needed
to validate the information in the Affidavit of Facts and Sale of Account
by Original Creditor executed by me contemporaneously with my signing of
this affidavit.
The above statements are true and correct to the best of my personal
knowledge..
Given under my hand ons
Dated: March , 2020
Amanda Temple
County of Chesterfield, to wit:
Commonwealth of Virginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in
and for the jurisdiction aforesaid, by Amanda Temple, who is personally
known to ine and who acknowledged before me his/her signature to the
foregoing Affidavit.
GIVEN under my hand and seal this day of March, 2020.
Notary Pub1
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FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
Forward Flow Receivable Sale Agreement dated July 11, 2019
BILL OF SALE
Closing Dater December 16, 2019
italOne Bank (USA), National Association ("Seller), in consideration of a Purchase
Price of and other valuable consideration, the receipt of which ishereby
acknowledge4 hereby sells, assigns and transfers allright, titleand interest in the Accounts
identified in theSale Pileentitled
OMEGA.BN0076.SALES.PROD-EAST.BPSLE20191204-BN0076-main.dat.gz
OMBOA.BN0076.SALES.PROD-EAST.BPSLE20191204_BN0076_customer.datgz
OMEGA.BN0076.SALES.PROD-EAST3PSLE20191204 BN0076_phone.dat,gz
(which may be in electronio form) to Midland Credit Management, Inc.,a Kansatcorporation
(?Buyer"), without recourse or representation except as expressly provided herein or on the terms,
and subject to the conditions,set forth inthe Agreement (as defined below).
This Bill of Sale is delivered pursuant to that certain Forward Plow Receivable Sale
Agreement, dated as ofJuly 11, 2019, by and between Seller and Buyer (the "Agreement'). All
capitalized terms used, but not defined, in thisBill of Sale shallhave the meanings as$gned to
such terms in the Agreement.
The Sale File Delivery Date for the Sale File was December 5 2019. The aggregate Sale
Balance of the Accounts as of the Sale Pile Delivery Date was
CAPITAL ONE BANK (USA), MANAGEMENT, INC.
NATM ASSOCIA N
By.
FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
Forward Flow Receivable Sale Agreement dated July 11, 2019
AFFIDAVE OF SALE
ORACCOUNT
BY CREDITOR
State of Virginia, of OoonMand
County
James R. Lane being dulyswom, deposes and says:
I am over 18 and not a party to thisacdon. I am a Vice President of Capital One Bank(USA),
National Association. In that position I am aware of the process of the sale and assiginnent of
electronically stored businestrecords.
On or about December 5, 2019, Capital One Bank (USA)#ational Association sold a pool of
charged-off accounts (the Accounts) by a Forward FlowReceivable Sale Agreement sad a Bill
of $ate to Midland Gedit Management, Inc., a Kansas corporation. As orthe sale of the
Accounts, electrorse re ords And other records were transfered on individuä1Accounts to the
debt buyer. These recordswere kept in the ordinary course of business of Capital One Bank
(USA), National Association.
I am not aware of any errors in these accounts. The above statements are true to the best oftny
knowledge.
8%nedthis 7 44yof 2020.
SUBSCRIBED and sworn to befom me¡the undersigned Notary Public in the jurisdiction
afomsaid, by (ames R. Lane. who ispersonally known to me and who acknowledged befom me
his signatme to the foregoing AGidavit.
OIVEN under my hand.and seal this degr of JGM , 2020,
William weston Paige WILLIAM WESTON PAIGE
. NOTAIN MBLIC
Notary Pubha REG.47798956
COMMONWEALtRBF@iGINIA
p couawon en nose
FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
Forward Flow Receivable Sale Agreement dated July 11, 2019
CERTIFICATE OF CONFORMITY
CERTIFICATE OF CONFORMITY
MADE PURSUANT TO
CPLR 2309(c)
and RPL 29.9-a
I,an attomey-at-law admitted to pracdce in the Coinmonwealth ofVirginia, do hereby
certify that William Weston Paige, isa notaty publio in and for the Connnonwealth of Virginia,
in the jtuisdiction aforementioned and the acknowledgment upon affidavits for Capital One Bank
(USA), National Ãssociation are tgken in the manner prescdbed by the laws of the
Connnonwealth of V'uginiad confonns to the laws thereofin altrespects.
IN WITNESS fliEREOP, I have hereunto set my signature, this y of
, 2020.
Attorney at Law, Commonwealth of Virginia
FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
CERTIFICATE OF CONFORMITY
NY5 RPL § 299-a
The undersigned does hereby certify that he is an attorney-at-law duly admitted to
practice in the Commonwealth of Virginia and residing in the Commonwealth of Virginia; that
he is fully acquainted with the laws of the Commonwealth of Virginia pertaining to the
acknowledgment or proof of deeds of real property to be recorded therein;.and that he isa person
duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real
Property Law of the State of New York The undersigned certifies that the acknowledgment
upon the foregoing document by Amanda Temple, before Kimberly Wilborn Brown, a notary
public in the Commonwealth of Virginia, was taken in the manner prescribed by the laws of the
Commonwealth of Virginia and conforms to those laws in allrespects.
Witness my signature this day of March, 2020.
Michael Zielinski
Virginia State Bar No. 92624
FILED: SARATOGA COUNTY CLERK 08/02/2022 12:47 PM INDEX NO. EF20211477
NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 08/02/2022
Page 1 of 3
Platinum MasterCard Account Endingin 2358
Sep. 25,2018 + Oct. 24,
2018 I SO days in ÈIilling Cycle
m mum mammummmu mumm::murarseasmueurmmeran awarmimmem=vememussem
Payment Due Date For online and phone paymem. Previous Balance $5,206.75
is 8pm ET.
the deadilne
Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$5,321.32 $5,321.32 wasactons +so.oo
IMPORTANT ACCOUNT UPDATE$
Your full
balanceisdue. reduce your balance
Any payment you nÃake will
The amount you owe inay differ
and help pay off your debt faster. if
ath Charged + $114.57
into a separate payment agreement.
you've entered
New Balance = $5,321.32
Available Credit(as ofOct. 24, 2018) ... . . . N/A
Account Notifications
New York residents
may contact
the New York State Department
of
Financial
SéNices to obtain Ilsting of credit
a comparative card rates,
the New York State Department
fees, and grace periods. Contact of
Financial
Services: 1-877-226-5697or www.dfs.ny.gov.
on our mobile
Pay or manage your account app or atwww.capitalone.com. Costomer Service: 1-800-258-9319 See reverse for important
Information
. Pleasesendusthis portionofyourstatementandonWonecheck
(oronemoneyeniedto
sevenbusinessdaysfortlelivmy.
ensureyourpaymentisprocessedprompth.Allowatleast 400030
Payment Due Date:Past Due Account Ending in2358
New Balance Minimum Payment Due Amount Enclosed
$5,321.32 $5,321.32 $
KRISTAL L $F.SSLER
100 SUGAR HILL RB
REXFORD, NY 12148-1411 Capital One
P"B. Box As492
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