Preview
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM INDEX NO. 000137-2020
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/28/2020
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
Geneseo, New York 14454
(585) 243-7010 ~ Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
MITCHELL G. SLAMOWITZ MITCHELL G. SLAMOWITZ
199 CROSSWAYS PARK DRIVE 199 CROSSWAYS PARK DRIVE
WOODBURY, NY 11797 WOODBURY, NY 11797
Document Type: CIVIL ACTION - MISC Document Desc: EXHIBIT(S)
Plaintiff Defendant
CAPITAL ONE BANK (USA), N.A. OLSON ERYK E
Recorded Information:
State of New York
Index #: 000137-2020 County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
AKB
Do Not Detach
IndexNO.
INDEX # : 000137-2020
000137-2020
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: Page 1 of 3
12/28/2020
Visa Signature Account Ending in2296
Jun. 16, 2019 - Jul. 15, 2019
|30 days in Billing Cycle
Payment Information Account Summary
Payment Due Date For online and phone payments, Previous Balance $14,102.88
the deadline is 8pm ET.
PAST DUE Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$14,314.81 $14,314.81 Transactions + $0.00
IMPORTANT ACCOUNT UPDATES:
Cash Advances + $0.00
Fees Charged + $0.00
Your full balance is due. Any payment you make will reduce your balance
and help pay off your debt faster. The amount you owe may differ if
Interest Charged + $211.93
you've entered into a separate payment agreement.
New Balance = $14,314.81
Available Credit (as of Jul. 15, 2019) N/A
Account Notifications
New York residents may contact the New York State Department of
Financial Services to obtain a comparative listing of credit card rates,
fees, and grace periods. Contact the New York State Department of
Financial Services: 1-877-226-5697 or www.dfs.ny.gov.
Pay or manage your account on our mobile app or at
www.capitalone.com. Customer Service: 1-800-258-9319 See reverse for Important Information
Please send us this portion of your statement and only one check (or one money order) to
ensure your payment is processed promptly. Allow at least seven business days for delivery.
Payment Due Date: Past Due Account Ending in 2296
New Balance Minimum Payment Due Amount Enclosed
$14,314.81 $14,314.81 $ __________
ERYK E OLSON
4338 SHELLY RD
LIVONIA, NY 14487-9303 Capital One
P.O. Box 6492
Carol Stream, IL 60197-6492
1 4147097858952296 15 0000000010000000008
IndexNO.
INDEX #:001
000137-2020
000137-2020
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM
NYSCEF DOC.
How canNO.
I Avoid12 How do you Process Payments?RECEIVED
If you pay your statement's New Balance in
Paying Interest Charges? When you makeNYSCEF: 12/28/2020
a payment, you
authorize us to
full by the due date, we will not charge you interest on any new transactions that post to
initiate an ACH or electronic payment that will be debited from your bank account or
the purchase segment.
If you have been paying your account in full with no Interest
other related account. When you provide a check or check information to make a
Charges, but then you do not pay your next New Balance in full, we will charge interest on
payment, you authorize us to use information from the check to make a one-time ACH or
the portion of the balance that you did not pay.
For Cash Advances and Specialother electronic transfer from your bank account. We may also process it as a check
Transfers, we will start charging Interest on the transaction date.
Certain promotional
transaction. Funds may be withdrawn from your bank account as soon as the same day
offers may allow you to pay less than the total New Balance and avoid paying Interest
we process your payment.
Charges on new purchases.
Please refer to the front of your statement for additional
How do you Apply My Payment? We generally apply payments up to your Minimum
information. Payment first to the balance with the lowest APR (including 0% APR), and then to
Interest Charges accrue from the date of the
How is the Interest Charge applied? balances with higher APRs. We apply any part of yourpayment exceeding your Minimum
transaction or the first day of the Billing Cycle.
Interest Charges accrue on every unpaid
Payment to the balance with the highest APR, and then to balances with lower APRs.
amount until it is paid in full.
This means you may owe Interest Charges even if you pay
Billing Rights Summary (Does not Apply to Small Business Accounts)
the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle.
What To Do If You Think You Find A Mistake On Your Statement : If you think there
Unpaid Interest Charges are added to the corresponding segment of your account.
is an error on your statement, write to us at:
We may assess a minimum Interest
Do you assess a Minimum Interest Charge? Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285.
Charge of $0.50 for each Billing Cycle if your account is subject to an Interest Charge.
In your letter, give us the following information:
We use a method called Average Daily
How do you Calculate the Interest Charge?
Balance (including new transactions). · Account information: Your name and account number.
·
1. First, for each segment we take the beginning balance each day and add in new
Dollar amount: The dollar amount of the suspected error.
Then we ·
transactions and the periodic Interest Charge on the previous day's balance.
Description of Problem: If you think there is an error on your bill, describe what you
subtract any payments and credits for that segment as of that day. The result is the
believe is wrong and why you believe it is a mistake. You must contact us within 60
daily balance for each segment. However, if your previous statement balance was zero
days after the error appeared on your statement. You must notify us of any potential
or a credit amount, new transactions which post to your purchase segment are not
errors in writing. You may call us or notify us electronically, but if you do we are not
added to the daily balance. required to investigate any potential errors and you may have to pay the amount in
2. Next, for each segment, we add the daily balances together and divide the sum by the
question. We will notify you in writing within 30 days of our receipt of your letter. While
number of days in the Billing Cycle.
The result is the Average Daily Balance for each
we investigate whether or not there has been an error, the following are true:
segment. · We cannot try to collect the amount in question, or report you as delinquent on that
3. At the end of each Billing Cycle, we multiply your Average Daily Balance for each
amount. The charge in question may remain on your statement, and we may continue to
segment by the daily periodic rate (APR divided by 365) for that segment, and then we
charge you interest on that amount. But, if we determine that we made a mistake, you
multiply the result by the number of days in the Billing Cycle.
We add the Interestwill not have to pay the amount in question or any interest or other fees related to that
Charges for all segments together. The result is your total Interest Charge for the Billing
amount.
Cycle. · While you do not have to pay the amount in question until we send you a notice about
The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the
the outcome of our investigation, you are responsible for the remainder of your balance.
Interest Charge Calculation section of this Statement. · We can apply any unpaid amount against your credit limit. Within 90 days of our
NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly
receipt of your letter, we will send you a written notice explaining either that we
from the Interest Charge actually assessed. corrected the error (to appear on your next statement) or the reasons we believe the bill
How can my Variable APR change? Your APRs may increase or decrease based on one
is correct.
of the following indices (reported in The Wall Street Journal ). The letter code below If you are dissatisfied with
Your Rights If You Are Dissatisfied With Your Purchase:
corresponds with the letter next to your APRs in the Interest Charge Calculation section of
the goods or services that you have purchased with your credit card, and you have tried
this statement. in good faith to correct the problem with the merchant, you may have the right not to pay
Code next toHow do we calculate your When your APR(s) will change the remaining amount due on the purchase. To use this right, the following must
your APR(s) APR(s)? Index + margin be true:
P Prime Rate + margin 1) You must have used your credit card for the purchase. Purchases made with cash
The first day of the Billing Cycles that
L 3 month LIBOR + margin advances from an ATM or with a check that accesses your credit card account do not
end in Jan., April, July, and Oct.
qualify; and
D Prime Rate + margin The first day of each Billing Cycle.
2) You must not yet have fully paid for the purchase.
F 1 month LIBOR + margin
If all of the criteria above are met and you are still dissatisfied with the purchase, contact
If a Renewal Notice is printed on this statement,
How can I Avoid Membership Fees?
us in writing at: Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. While we
you may avoid paying an annual membership Fee by contacting Customer Service no later
investigate, the same rules apply to the disputed amount as discussed above. After we
than 45 days after the last day in the Billing Cycle covered by this statement to request
finish our investigation, we will tell you our decision. At that point, if we think you owe an
that we close your account. To avoid paying a monthly membership Fee, close your
amount and you do not pay we may report you as delinquent.
account and we will stop assessing your monthly membership Fee.
ETC-08
How can I Close My Account? You can contact Customer Service anytime to request
© 2016 Capital One. Capital One is a federally registered service mark
11/01/16
that we close your account.
Changing Mailing Address? How do I Make Payments? You may make your payment in several ways:
1. Online Banking by logging into your account;
You can change your address by signing into your account online or calling Customer
2. Capital One Mobile Banking app for approved electronic devices;
Service.
3. Calling the telephone number listed on the front of this statement and providing the
required payment information;
4. Sending mail payments to the address on the front of this statement with the
Pay online at www.capitalone.com payment coupon or your account information.
When will you Credit My Payment ?
Pay using our mobile app
· For mobile, online or over the phone, as of the business day we receive it, as long
as it is made by 8 p.m. ET.
· For mail, as of the business day we receive it, as long as it is received by 5 p.m.
local time at our processing center. You must send the bottom portion of this
statement and your check to the payment address on the front of this statement.
Please allow at least seven (7) business days for mail delivery. Mailed payments
received by us at any other location or payments in any other form may not be
credited as of the day we receive them.
Any written requests on this form will not be honored. To manage your account, please refer to your billing statement for customer service options.
IndexNO.
INDEX #: 000137-2020
000137-2020
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: Page 2 of 3
12/28/2020
Visa Signature Account Ending in 2296
Jun. 16, 2019 - Jul. 15, 2019 |
30 days in Billing Cycle
Transactions
Visit www.capitalone.com to see detailed transactions.
ERYK E OLSON #2296: Payments, Credits and Adjustments
Date Description Amount
ERYK E OLSON #2296: Transactions
Date Description Amount
Fees
Date Description Amount
Total Fees for This Period $0.00
Interest Charged
Interest Charge on Purchases $211.93
Interest Charge on Cash Advances $0.00
Interest Charge on Other Balances $0.00
Total Interest for This Period $211.93
Totals Year-to-Date
Total Fees charged $114.00
Total Interest charged $1.429.16
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Type of Annual Percentage Balance Subject Interest Charge
Balance Rate(APR) to Interest Rate
Purchases 18.15% P $14,205.06 $211.93
Cash Advances 27.15% P $0.00 $0.00
P,L,D,F = Variable Rate. See reverse of page 1 for details.
Index NO.
INDEX #: 000137-2020
000137-2020
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/28/2020
201146
Your account has charged off.
It is now being serviced by the Recoveries department.
Call 1-800-258-9319 ifyou have questions about this notice.
Preview
FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM INDEX NO. 000137-2020 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/28/2020 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 Geneseo, New York 14454 (585) 243-7010 ~ Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: MITCHELL G. SLAMOWITZ MITCHELL G. SLAMOWITZ 199 CROSSWAYS PARK DRIVE 199 CROSSWAYS PARK DRIVE WOODBURY, NY 11797 WOODBURY, NY 11797 Document Type: CIVIL ACTION - MISC Document Desc: EXHIBIT(S) Plaintiff Defendant CAPITAL ONE BANK (USA), N.A. OLSON ERYK E Recorded Information: State of New York Index #: 000137-2020 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York AKB Do Not Detach IndexNO. INDEX # : 000137-2020 000137-2020 FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: Page 1 of 3 12/28/2020 Visa Signature Account Ending in2296 Jun. 16, 2019 - Jul. 15, 2019 |30 days in Billing Cycle Payment Information Account Summary Payment Due Date For online and phone payments, Previous Balance $14,102.88 the deadline is 8pm ET. PAST DUE Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $14,314.81 $14,314.81 Transactions + $0.00 IMPORTANT ACCOUNT UPDATES: Cash Advances + $0.00 Fees Charged + $0.00 Your full balance is due. Any payment you make will reduce your balance and help pay off your debt faster. The amount you owe may differ if Interest Charged + $211.93 you've entered into a separate payment agreement. New Balance = $14,314.81 Available Credit (as of Jul. 15, 2019) N/A Account Notifications New York residents may contact the New York State Department of Financial Services to obtain a comparative listing of credit card rates, fees, and grace periods. Contact the New York State Department of Financial Services: 1-877-226-5697 or www.dfs.ny.gov. Pay or manage your account on our mobile app or at www.capitalone.com. Customer Service: 1-800-258-9319 See reverse for Important Information Please send us this portion of your statement and only one check (or one money order) to ensure your payment is processed promptly. Allow at least seven business days for delivery. Payment Due Date: Past Due Account Ending in 2296 New Balance Minimum Payment Due Amount Enclosed $14,314.81 $14,314.81 $ __________ ERYK E OLSON 4338 SHELLY RD LIVONIA, NY 14487-9303 Capital One P.O. Box 6492 Carol Stream, IL 60197-6492 1 4147097858952296 15 0000000010000000008 IndexNO. INDEX #:001 000137-2020 000137-2020 FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM NYSCEF DOC. How canNO. I Avoid12 How do you Process Payments?RECEIVED If you pay your statement's New Balance in Paying Interest Charges? When you makeNYSCEF: 12/28/2020 a payment, you authorize us to full by the due date, we will not charge you interest on any new transactions that post to initiate an ACH or electronic payment that will be debited from your bank account or the purchase segment. If you have been paying your account in full with no Interest other related account. When you provide a check or check information to make a Charges, but then you do not pay your next New Balance in full, we will charge interest on payment, you authorize us to use information from the check to make a one-time ACH or the portion of the balance that you did not pay. For Cash Advances and Specialother electronic transfer from your bank account. We may also process it as a check Transfers, we will start charging Interest on the transaction date. Certain promotional transaction. Funds may be withdrawn from your bank account as soon as the same day offers may allow you to pay less than the total New Balance and avoid paying Interest we process your payment. Charges on new purchases. Please refer to the front of your statement for additional How do you Apply My Payment? We generally apply payments up to your Minimum information. Payment first to the balance with the lowest APR (including 0% APR), and then to Interest Charges accrue from the date of the How is the Interest Charge applied? balances with higher APRs. We apply any part of yourpayment exceeding your Minimum transaction or the first day of the Billing Cycle. Interest Charges accrue on every unpaid Payment to the balance with the highest APR, and then to balances with lower APRs. amount until it is paid in full. This means you may owe Interest Charges even if you pay Billing Rights Summary (Does not Apply to Small Business Accounts) the entire New Balance for one Billing Cycle, but did not do so the previous Billing Cycle. What To Do If You Think You Find A Mistake On Your Statement : If you think there Unpaid Interest Charges are added to the corresponding segment of your account. is an error on your statement, write to us at: We may assess a minimum Interest Do you assess a Minimum Interest Charge? Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285. Charge of $0.50 for each Billing Cycle if your account is subject to an Interest Charge. In your letter, give us the following information: We use a method called Average Daily How do you Calculate the Interest Charge? Balance (including new transactions). · Account information: Your name and account number. · 1. First, for each segment we take the beginning balance each day and add in new Dollar amount: The dollar amount of the suspected error. Then we · transactions and the periodic Interest Charge on the previous day's balance. Description of Problem: If you think there is an error on your bill, describe what you subtract any payments and credits for that segment as of that day. The result is the believe is wrong and why you believe it is a mistake. You must contact us within 60 daily balance for each segment. However, if your previous statement balance was zero days after the error appeared on your statement. You must notify us of any potential or a credit amount, new transactions which post to your purchase segment are not errors in writing. You may call us or notify us electronically, but if you do we are not added to the daily balance. required to investigate any potential errors and you may have to pay the amount in 2. Next, for each segment, we add the daily balances together and divide the sum by the question. We will notify you in writing within 30 days of our receipt of your letter. While number of days in the Billing Cycle. The result is the Average Daily Balance for each we investigate whether or not there has been an error, the following are true: segment. · We cannot try to collect the amount in question, or report you as delinquent on that 3. At the end of each Billing Cycle, we multiply your Average Daily Balance for each amount. The charge in question may remain on your statement, and we may continue to segment by the daily periodic rate (APR divided by 365) for that segment, and then we charge you interest on that amount. But, if we determine that we made a mistake, you multiply the result by the number of days in the Billing Cycle. We add the Interestwill not have to pay the amount in question or any interest or other fees related to that Charges for all segments together. The result is your total Interest Charge for the Billing amount. Cycle. · While you do not have to pay the amount in question until we send you a notice about The Average Daily Balance is referred to as the Balance Subject to Interest Rate in the the outcome of our investigation, you are responsible for the remainder of your balance. Interest Charge Calculation section of this Statement. · We can apply any unpaid amount against your credit limit. Within 90 days of our NOTE: Due to rounding or a minimum Interest Charge, this calculation may vary slightly receipt of your letter, we will send you a written notice explaining either that we from the Interest Charge actually assessed. corrected the error (to appear on your next statement) or the reasons we believe the bill How can my Variable APR change? Your APRs may increase or decrease based on one is correct. of the following indices (reported in The Wall Street Journal ). The letter code below If you are dissatisfied with Your Rights If You Are Dissatisfied With Your Purchase: corresponds with the letter next to your APRs in the Interest Charge Calculation section of the goods or services that you have purchased with your credit card, and you have tried this statement. in good faith to correct the problem with the merchant, you may have the right not to pay Code next toHow do we calculate your When your APR(s) will change the remaining amount due on the purchase. To use this right, the following must your APR(s) APR(s)? Index + margin be true: P Prime Rate + margin 1) You must have used your credit card for the purchase. Purchases made with cash The first day of the Billing Cycles that L 3 month LIBOR + margin advances from an ATM or with a check that accesses your credit card account do not end in Jan., April, July, and Oct. qualify; and D Prime Rate + margin The first day of each Billing Cycle. 2) You must not yet have fully paid for the purchase. F 1 month LIBOR + margin If all of the criteria above are met and you are still dissatisfied with the purchase, contact If a Renewal Notice is printed on this statement, How can I Avoid Membership Fees? us in writing at: Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. While we you may avoid paying an annual membership Fee by contacting Customer Service no later investigate, the same rules apply to the disputed amount as discussed above. After we than 45 days after the last day in the Billing Cycle covered by this statement to request finish our investigation, we will tell you our decision. At that point, if we think you owe an that we close your account. To avoid paying a monthly membership Fee, close your amount and you do not pay we may report you as delinquent. account and we will stop assessing your monthly membership Fee. ETC-08 How can I Close My Account? You can contact Customer Service anytime to request © 2016 Capital One. Capital One is a federally registered service mark 11/01/16 that we close your account. Changing Mailing Address? How do I Make Payments? You may make your payment in several ways: 1. Online Banking by logging into your account; You can change your address by signing into your account online or calling Customer 2. Capital One Mobile Banking app for approved electronic devices; Service. 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the Pay online at www.capitalone.com payment coupon or your account information. When will you Credit My Payment ? Pay using our mobile app · For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. · For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. Any written requests on this form will not be honored. To manage your account, please refer to your billing statement for customer service options. IndexNO. INDEX #: 000137-2020 000137-2020 FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: Page 2 of 3 12/28/2020 Visa Signature Account Ending in 2296 Jun. 16, 2019 - Jul. 15, 2019 | 30 days in Billing Cycle Transactions Visit www.capitalone.com to see detailed transactions. ERYK E OLSON #2296: Payments, Credits and Adjustments Date Description Amount ERYK E OLSON #2296: Transactions Date Description Amount Fees Date Description Amount Total Fees for This Period $0.00 Interest Charged Interest Charge on Purchases $211.93 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 Total Interest for This Period $211.93 Totals Year-to-Date Total Fees charged $114.00 Total Interest charged $1.429.16 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Percentage Balance Subject Interest Charge Balance Rate(APR) to Interest Rate Purchases 18.15% P $14,205.06 $211.93 Cash Advances 27.15% P $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. Index NO. INDEX #: 000137-2020 000137-2020 FILED: LIVINGSTON COUNTY CLERK 12/28/2020 09:19 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/28/2020 201146 Your account has charged off. It is now being serviced by the Recoveries department. Call 1-800-258-9319 ifyou have questions about this notice.