Preview
FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
RACHEL SPITZER
. Defendant(s). . .
AFFIDAVIT OF FACTS 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
affiliateof Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One"),±and I have personal knowledge
of and access to Plaintiff's books and records ("Business Records"), including electronic records, relating
to the account ("Account") of RACHEL SPITZER (see Supplemental Affidavit of Facts by Original
Creditor submitted simultaneously herewith for important supplemental information for this statemeñt).
The lastfour digits of the Account number are XXXXXXXXXXXX5782, In my position, I have personal
knowledge of Plaintiff's procedures for creating and maintaining itsBusiness Records. Plaintiff's Business
Records were made in the regular course of hneinees and itwas the regular coùrse of such business to make
the Business Records. The records were made at or near the time of the events recorded. Based on my
review of Plaintiff's Business Records, I have personal knowledge of.the facts set forthin this affidavit.
2. Plaintiff and Defendant entered into a credit agreement . ("Agreement").
Defendant agreed to pay Plaintiff for all goods, services, and cash advances provided pursuant to the
Agreement. The amount of the lastpayment, ifany, made by Defendant was $131.00, made on 09/09/2019.
Defendant is now in default and demand for payment has been made. A true and correct copy of the
Agreement isattached as an exhibit to this affidavit.
3. At thistime, Defendant owes $16722.63 on the Account. This amount includes a
charge-off balance of $16722.63, post-charge-off interest of $00.00, postyharge-off fees and charges of
$00.00, less any post-charge-off credits or payments made by or on behalf of Defendant of $00.00.
NANN00000050730414 ROUTER1004441762
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
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Plaintiff's electronic Business Records evidencing these and other relevant data are anached as an exhibit
to thisaffidavit. .
WHEREFORE, deponent demands jüdgrñeñt against Defendant for $16722.63, together with the costs and .
disbursements of this action.
. .
. The above stateracnts are true and correct to the best of my personal knowledge.
Given under my hand on:
Dated: May , 20
April enry
County of Henrico, to wit:
Commonwealth of Virginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction
aforesaid, by April Henry, who is personally known to me and who acknowledged before me his/her
signature to the foregoing Affidavit.
GIVEN under my hand and seal this day of May , 20
Notary P b c
"•
Pt)BUC
REG # 7923106
MYCOMMisst0N
o ®
2/31/2025,
.
2
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021
_C_apitalOne Account Itemization
Account Number XXXXXXXXXXXX5782
Original Creditor CAPITAL ONE BANK (USA), N.A.
Borrowers Full Name RACHEL SPITZER
Origination Date 07/18/2018
Last Payment Date 09/09/2019
Last Payment Amount $131.00
Charge Off Date 04/13/2020
Charge Off Balance $16722.63
Total of Post Charge Off Interest $60.00
Total Post Charge Off Charges . $60.00
Total Post Charge Off Credits $00.00
Current Principal Balance $16722.63
3
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021
SUPPLEMENTAL AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
(Original Creditor Actions)
The undersigned, being duly sworn, deposes and says:
1. My name isApril Henry. I am an employee of Capital One Services, LLC ("COSLLC"), an agent and
affiliate of Plaintiff CAPITAL ONE BANK (USA), N.A.. I make this suppleniental affidavit in
support of Plaintiff's request for the entry of judgment in this matter against RACHEL SPITZER.
COSLLC provides services to Plaintiff in connection with itscredit card and related banking practices.
My job responsibilities as Litigation Support Representative provide me with access to all relevant
systems and documents of Plaintiff needed to validate the information in the Affidavit of Facts by
Original Creditor executed by me contemporaneously with my signing of thisaffidavit.
The above statements are true and correct to the best of my personal knowledge.
Given under my.hand on:
Dated: May , 20
April Henry
County of Henrico, to wit
Commonwealth of Virginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction
aforesaid, by April Henry, who is personally known to me ahd who acknowledged before me his/her
signature to the foregoing Affidavit. . .
GIVEN under my hand and sealthis day of May , 20 .
Notary Public
N00000050730414
C3106
1004441762 MY COMMISSION !
A125 EX9IRÈS
G39202†,.•*
SELIP & STYLIANOU, LLP
..........
4
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021
CERTIFICATE OF CONFORMITY
NYS 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 April Henry, before Alicia D Wyche, 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 all respects.
Witness my signature this / S day of May, 2021.
William Weaver Snidow, Jr.
Virginia State Bar No. 43219
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF . DOC. NO. 7 RECEIVED NYSCEF: of 4
Page 105/28/2021
sa SigñatürsAccountEnding in 5782
Mar. 13, 2020 I
pr. 12, 2020 31 days in Billing Cycle
AccountSummary
Payment Due Date For online and phone paymerits, PreviousBalance $16,469.11
the deadline is 8pm ET.
Payments $0.00
New Balance Minimum Payment Due Other Credits $0.00
$ 16, 722.63 $ 16, 722.63 Transactions + $0.00
b.ash Advances + $0.00
IMPORTANT ACCOUNT UPDATES:
balance is due. Any payment you make will reduce your balance
Your full .. ..........................
...............--
.. ........ ....--...---.............._................Î
.92.S.
and help pay off your debt faster. The amount you owe may differ
if
InterestCharged + $253.52
you've entered into a separate payment agreement.
New Balance = $16,722.63
Avai a e Creditjas of A 12 020L_ ______EA
AccountNotifications
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
Pleasesendusthis portionofyourstatementandonlyonecheck(oronemoneyorder)to
Qj| p g ensureyour.payment promptly.Allowat leastsevenbusinessdaysfordelivery.
is processed 400030
PayrrientDue Date: Past Due Account Ending in5782 .
New Balance Minirnum Payment Due Amount Enclosed
$16,722.63 $16,722.63 $ _
RACHEL SPITZER
18 SUNRISE DR Capital . One .
MONSEY, NY 10'l52-3305 p.0. Box 64"12
Carol Stream, IL 60 "17-64"12
Ilhol
n
Iga...r.nt.n.._.1u : the .._rrr-irrr .g......ore
1 5782 12 0000 00131000000002
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC.
HowcanNO.
I Avoid 7
Paying Interest Charges? lf you pay your NewBalancein full by the RECEIVEDServiceanytime
NYSCEF:
How can I Close My Account? You can contactCustomer 05/28/2021
to request
due date each month, we will not chargeintereston new transactionsthat post to the
thatwecloseyouraccount.
How do you Process Payments?Whenyou makea payment,you authorizeus to
purchasebalance.If you havebeenpayingin full without InterestCharges,butfail to pay
your next New Balancein full, we will chargeintereston the unpaidbalance.Interest
initiatean ACH or electronicpayment hat will be debitedfrom your bankaccountor
Chargeson Cash Advances and SpecialTransfersstart on the transactiondate.
other relatedaccount.When you providea check or check informationto make a
payment,youauthorizeus to useinform'ation
Promotionaloffersmay allowyouto paylessthanthetotalNewBalanceandavoidpaying fromthecheckto makea one-timeACHor
other electronictransferfromyourbank account.We may also processit as a check
intereston new transactionsthat postto your purchasebalance.See the front of your
statementfor additionalinformation. transaction.Fundsmay bewithdrawnfromyourbankaccountas soonas thesameday
Howis the interest ChargeDetermined?InterestChargesaccruefrom the dateof the
we processyourpayinent. 1
How do vou Appiv My Payment? We generallyapply paymentsup to your Minimum
transaction,datethe transactionis processedor thefirst day of the BillingCycle.Interest
accruesdailyon everyunpaidamountuntilit is paidinfull. Interestaccruedduringa Billing
Paymentfirst to the balancewith theflowestAPR (including0% APR), and then to
balanceswithhigherAPRs.We applybhy partof yourpaymentexceedingyourMinimum
Cyclepoststo your accountat the end of the Billing cycle and appearson your next
statement.You may owe InterestChargesevenif you pay the entireNewBalanceone
Paymentto the balancewiththe highesljAPR,andthento balanceswithlowerAPRs.
month,butdid not do so the priormonth.Onceyou start accruingInterestCharges,you
Billing Rights Sunimary (DoesnotAphlyto SmallBusinessAccounts)
generallymustpay yourNewBalancein full twoconsecutiveBillingCyclesbeforeInterest
What To Do If You Think You Find A
istake On Your Statement:Ifyouthinkthere
Chargesstop being posted to your Statement.Interest Chargesare added to the
is an erroronyourstatement;writeto u
at:
segmentof youraccount.
corresponding CapitalOneP.0. Box30285SaltLakeCity, UT84130-0285.
Do you assess a Minimum Interest Charge? We may assess a minimumInterest
Inyour letter,giveusthe followinginformation:
•
Chargeof $0.00for each BillingCycleif youraccountis subjectto an InterestCharge.
Accountinformation:Yournameandaccountnumber.
How do you Calculate thelnterest •
Charge? We use a methodcalledAverageDaily
Dollaramount:Thedeliaramount:ofthesuspectederror.
Balance(includingnewtransactións). • Descriptionof Problem:If you think.thereis an erroron your bill, describewhatyou
1. First, for each segmentwe take the beginningbalanceeach day and add in new
believeis wrong and why you believejt is a mistake.You mustcontactus within60
days afterthe errorappearedon yourIstatement.You mustnotifyus of any potential
transactionsand the periodicInterestChargeon the preyiousday's balance. Thenwe
errorsin writing.You may call us or notify us electronically,but if you do we are not .
subtractany paymentsand creditsfor that.segmentas of that day.The resultis the daily
balancefor each segment.However,if your previousstatementbalancewas zero or a
requiredto investigateany potentialeFrorsand you may haveto pay the amountin
creditamount,new transactionswhichpostto your.purchasesegmentare not addedto
question.Wewill notifyyou in writingWithin30 daysof our receiptof yourletter.While
the dailybalance. we investigatewhetheror nottherehasibeenan error,the followingaretrue:
•
2. Next,for each segment,we addthe daily balancestogetheranddividethe sum by the
We cannottry to collectthe amonntin question,or reportyouas delinquenton.that
numberaf days in the Billing Cycle. The resultis the Average Daily Balancefor each
amount.Thechargein questiorimayretnainonyour statement,andwe maycontinueto
segment. chargeyou intereston thatambunt.Bdt, if we determinethatwe madea mistake,you
will not haveto pay the amountin questionor any interestor otherfeesrelatedto that
3. At the end of each Billing Cycle, we multiplyyour AverageDaily Balancefor each
segmentby the daily periodicrate (APRdividedby 365) for that segment,and thenwe
amount.
•
multiplythe resultby the numberof daysin the BillingCycle. Weaddthe interestCharges
Whileyoudo nothaveto pay thearh unt in questionuntilwe sendyoua noticeabout
for all segmentstogether.Theresultis yourtotalInterestChargefor the BillingCycle. responsiblefor theremainderofyourbalance.
the outcomeof our investigation,
youa
• We can apply any unpaidamountegainstyour credit limit.Within 90 days of our
TheAverageDaily Balanceis referredto as the BalanceSubjectto InterestRatein the
InterestChargeCalculationsectionofthisStatement. receipt of your letter, we will send ybu a written notice explainingeither that we
NOTE:Dueto roundingor a minimumInterestCharge,this calculationmayvaryslightly
correctedtheerror(to appearon yo0tnext statement)or thereasonswe believethe bill
fromthe InterestChargeactuallyassessed. . is correct.
Howcan my VariableAPRchange? YourAPRsmay increaseor decreasebasedonone ith Your Purchase: if youaredissatisfiedwith
Your Rights If You Are Dissatisfied
of the followingindices(reportedin The WallStreetJoumal ). The letter code below withyourcreditcard,andyouhavetried
thegoodsor servicesthatyou havetpùrphased
in goodfaithto correctthe problemwithithemerchant,you mayhavethe rightnotto pay
correspondswiththe letternextto yourAPRsin the InterestChargeCalculationsectionof
thisstatement .. the remainingamountdueonthe purch‡se.To usethis right,the followingmustbetrue:
Codenext tóHow do we calculateyour Whenyour APR(s)will change 1) You musthaveusedyour creditta d for the purchase.Purchasesmadewith cash
your APR(s). APR(s)?Index + margin advancesfroman ATMor willya chec that accessesyourcreditcardaccountdo not
P PrimeRate+ margin Thefirst day of the BillingCyclesthat
qualify;and
L 3 monthLIBOR+ margin endin Jan.,April,July,andOct.
2) Youmustnotyet havefully paidfor tÒepurchase.
If all of thecriteriaabovearemetandyouarestilldissatisfiedwiththe purchase,contact
D PrimeRate+ margin Thefirst day of eachBillingCycle.
us in writingat: CapitalOne,P.O.Box 3p285,SaltLakeCity,UT84130-0285.Whilewe
F 1 monthLIBOR+ margin
investigate,the samerulesapplyto the(disputedamountas discussedabove.Afterwe
HowcanTAvoid MembarõhipFees? If a RenewalNoticeis printedon this statement,
wewilltellyou ourdecision.At that point,if we thinkyouowean
finishour investigation,
you mayavoidpayingan annualmembershipFeeby contactingCustomerServicenolater
amountandyoudo not paywe mayrep6rtyouas delin(uent.
than45 daysafter the last day in the BillingCyclecoveredby this statementto request
that we close your account.To avoid paying a monthlymembershipFee, close your' I ETC-08
© 2020CapitalOne.CapitalOneis a feSerallyregisteredservicemark
01/01/20
accountandwe will stopassessingyour,monthlyFee.
membership
Address? Howdo I MakePayments?Youmayn akeyourpaymentin severalways:
Changina Mailing
1. OnlineBankingby loggingintoyo r account;
Youcanchangeyouraddressby signingintoyouraccountonlineor callingCustomer
2. CapitalOneMobileBankingapp
r approvedelectronicdevices;
Service
3. sCallingthetelephonenumber11 d on thefrontof thisstatementandprovidingthe
requiredpaymentinformation;
4. Sendingmailpaymentsto thea
resson thefrontof thisstatementwiththe
Pay onlineat www.Capitalone.com paymentcouponor youraccoun nformation.
Whenwill you Credit My Payment?
Pay using our mobile
app • For mobile,onlineor overthe phope,as of the businessdaywereceiveit, as long
as it is madeby 8 p.m.ET,
.
• For mail,asof thebusinessday
e receiveit, as longas it is receivedby 5 p.m.
localtimeat our processingcehe
Youmustsendthebottomportionof this
statementandyourcheckto theyaymentaddresson thefrontof thisstatement.
Pleaseallowat leastseveir(7) bupinessdaysfor maildelivery.Mailedpayments
receivedby us at any otherloca(i n or paymentsin any otherformmaynotbe
creditedasof the day wereceive hem.
Any written requests on this form will not be honored. To manage your account, please refer to your billing statement for customer service options.
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC. NO. 7 RECEIVED :Page 205/28/2021
NYSCEF: of 4
Visa Sign::u:rs
Account Endingin 5782
Mar. 13, 2020- Apr. 12, 2020
I 31 days in Billing Cycle
RACHEL SPITZER #5782: Payments, and Ådjë5
Credits
Date Description Amount
RACHEL SPITZER #5782: Transactions
Date . Description Amount
Date Description Amount
TotalFees forThisPeriod $0.00
Interest Charge on Purchases . $253.52
Interest Charge on Cash Advances $0.00
Interest Charge on Other Balances $0.00
TotalInterest
for ThisPeriod $253.52
Totals Year-to-Date
TotalFees charged . $0.00
TotalInterest
charged $1.034.48
YourAnnual PercentageRate (APR)is the annual interest rate on your account.
Type of Annual Percentage Balance SubjectInterest Charge
Balance Rate(APR) to Interest Rate .
Purchases 17.99‰P $16,591.44 $253.52
Cash Advances 22.99% P $0.00 $0.00
P,L,D,F = Variable Rate. See reverse of page 1 for details.
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FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021
NYSCEF DOC. NO. 7 RECEIVED 201146
NYSCEF: 05/28/2021
Your account has charged off.
Itis now being serviced by the Recoveries department.
Call 1-800-258 9319 ifyou have questions about this notice.
9 of 9
Preview
FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021 CAPITAL ONE BANK (USA), N.A., Plaintiff, RACHEL SPITZER . Defendant(s). . . AFFIDAVIT OF FACTS 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 affiliateof Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One"),±and I have personal knowledge of and access to Plaintiff's books and records ("Business Records"), including electronic records, relating to the account ("Account") of RACHEL SPITZER (see Supplemental Affidavit of Facts by Original Creditor submitted simultaneously herewith for important supplemental information for this statemeñt). The lastfour digits of the Account number are XXXXXXXXXXXX5782, In my position, I have personal knowledge of Plaintiff's procedures for creating and maintaining itsBusiness Records. Plaintiff's Business Records were made in the regular course of hneinees and itwas the regular coùrse of such business to make the Business Records. The records were made at or near the time of the events recorded. Based on my review of Plaintiff's Business Records, I have personal knowledge of.the facts set forthin this affidavit. 2. Plaintiff and Defendant entered into a credit agreement . ("Agreement"). Defendant agreed to pay Plaintiff for all goods, services, and cash advances provided pursuant to the Agreement. The amount of the lastpayment, ifany, made by Defendant was $131.00, made on 09/09/2019. Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement isattached as an exhibit to this affidavit. 3. At thistime, Defendant owes $16722.63 on the Account. This amount includes a charge-off balance of $16722.63, post-charge-off interest of $00.00, postyharge-off fees and charges of $00.00, less any post-charge-off credits or payments made by or on behalf of Defendant of $00.00. NANN00000050730414 ROUTER1004441762 1 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021 Plaintiff's electronic Business Records evidencing these and other relevant data are anached as an exhibit to thisaffidavit. . WHEREFORE, deponent demands jüdgrñeñt against Defendant for $16722.63, together with the costs and . disbursements of this action. . . . The above stateracnts are true and correct to the best of my personal knowledge. Given under my hand on: Dated: May , 20 April enry County of Henrico, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by April Henry, who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this day of May , 20 Notary P b c "• Pt)BUC REG # 7923106 MYCOMMisst0N o ® 2/31/2025, . 2 2 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021 _C_apitalOne Account Itemization Account Number XXXXXXXXXXXX5782 Original Creditor CAPITAL ONE BANK (USA), N.A. Borrowers Full Name RACHEL SPITZER Origination Date 07/18/2018 Last Payment Date 09/09/2019 Last Payment Amount $131.00 Charge Off Date 04/13/2020 Charge Off Balance $16722.63 Total of Post Charge Off Interest $60.00 Total Post Charge Off Charges . $60.00 Total Post Charge Off Credits $00.00 Current Principal Balance $16722.63 3 3 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021 SUPPLEMENTAL AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR (Original Creditor Actions) The undersigned, being duly sworn, deposes and says: 1. My name isApril Henry. I am an employee of Capital One Services, LLC ("COSLLC"), an agent and affiliate of Plaintiff CAPITAL ONE BANK (USA), N.A.. I make this suppleniental affidavit in support of Plaintiff's request for the entry of judgment in this matter against RACHEL SPITZER. COSLLC provides services to Plaintiff in connection with itscredit card and related banking practices. My job responsibilities as Litigation Support Representative provide me with access to all relevant systems and documents of Plaintiff needed to validate the information in the Affidavit of Facts by Original Creditor executed by me contemporaneously with my signing of thisaffidavit. The above statements are true and correct to the best of my personal knowledge. Given under my.hand on: Dated: May , 20 April Henry County of Henrico, to wit Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by April Henry, who is personally known to me ahd who acknowledged before me his/her signature to the foregoing Affidavit. . . GIVEN under my hand and sealthis day of May , 20 . Notary Public N00000050730414 C3106 1004441762 MY COMMISSION ! A125 EX9IRÈS G39202†,.•* SELIP & STYLIANOU, LLP .......... 4 4 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/28/2021 CERTIFICATE OF CONFORMITY NYS 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 April Henry, before Alicia D Wyche, 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 all respects. Witness my signature this / S day of May, 2021. William Weaver Snidow, Jr. Virginia State Bar No. 43219 5 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF . DOC. NO. 7 RECEIVED NYSCEF: of 4 Page 105/28/2021 sa SigñatürsAccountEnding in 5782 Mar. 13, 2020 I pr. 12, 2020 31 days in Billing Cycle AccountSummary Payment Due Date For online and phone paymerits, PreviousBalance $16,469.11 the deadline is 8pm ET. Payments $0.00 New Balance Minimum Payment Due Other Credits $0.00 $ 16, 722.63 $ 16, 722.63 Transactions + $0.00 b.ash Advances + $0.00 IMPORTANT ACCOUNT UPDATES: balance is due. Any payment you make will reduce your balance Your full .. .......................... ...............-- .. ........ ....--...---.............._................Î .92.S. and help pay off your debt faster. The amount you owe may differ if InterestCharged + $253.52 you've entered into a separate payment agreement. New Balance = $16,722.63 Avai a e Creditjas of A 12 020L_ ______EA AccountNotifications 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 Pleasesendusthis portionofyourstatementandonlyonecheck(oronemoneyorder)to Qj| p g ensureyour.payment promptly.Allowat leastsevenbusinessdaysfordelivery. is processed 400030 PayrrientDue Date: Past Due Account Ending in5782 . New Balance Minirnum Payment Due Amount Enclosed $16,722.63 $16,722.63 $ _ RACHEL SPITZER 18 SUNRISE DR Capital . One . MONSEY, NY 10'l52-3305 p.0. Box 64"12 Carol Stream, IL 60 "17-64"12 Ilhol n Iga...r.nt.n.._.1u : the .._rrr-irrr .g......ore 1 5782 12 0000 00131000000002 6 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. HowcanNO. I Avoid 7 Paying Interest Charges? lf you pay your NewBalancein full by the RECEIVEDServiceanytime NYSCEF: How can I Close My Account? You can contactCustomer 05/28/2021 to request due date each month, we will not chargeintereston new transactionsthat post to the thatwecloseyouraccount. How do you Process Payments?Whenyou makea payment,you authorizeus to purchasebalance.If you havebeenpayingin full without InterestCharges,butfail to pay your next New Balancein full, we will chargeintereston the unpaidbalance.Interest initiatean ACH or electronicpayment hat will be debitedfrom your bankaccountor Chargeson Cash Advances and SpecialTransfersstart on the transactiondate. other relatedaccount.When you providea check or check informationto make a payment,youauthorizeus to useinform'ation Promotionaloffersmay allowyouto paylessthanthetotalNewBalanceandavoidpaying fromthecheckto makea one-timeACHor other electronictransferfromyourbank account.We may also processit as a check intereston new transactionsthat postto your purchasebalance.See the front of your statementfor additionalinformation. transaction.Fundsmay bewithdrawnfromyourbankaccountas soonas thesameday Howis the interest ChargeDetermined?InterestChargesaccruefrom the dateof the we processyourpayinent. 1 How do vou Appiv My Payment? We generallyapply paymentsup to your Minimum transaction,datethe transactionis processedor thefirst day of the BillingCycle.Interest accruesdailyon everyunpaidamountuntilit is paidinfull. Interestaccruedduringa Billing Paymentfirst to the balancewith theflowestAPR (including0% APR), and then to balanceswithhigherAPRs.We applybhy partof yourpaymentexceedingyourMinimum Cyclepoststo your accountat the end of the Billing cycle and appearson your next statement.You may owe InterestChargesevenif you pay the entireNewBalanceone Paymentto the balancewiththe highesljAPR,andthento balanceswithlowerAPRs. month,butdid not do so the priormonth.Onceyou start accruingInterestCharges,you Billing Rights Sunimary (DoesnotAphlyto SmallBusinessAccounts) generallymustpay yourNewBalancein full twoconsecutiveBillingCyclesbeforeInterest What To Do If You Think You Find A istake On Your Statement:Ifyouthinkthere Chargesstop being posted to your Statement.Interest Chargesare added to the is an erroronyourstatement;writeto u at: segmentof youraccount. corresponding CapitalOneP.0. Box30285SaltLakeCity, UT84130-0285. Do you assess a Minimum Interest Charge? We may assess a minimumInterest Inyour letter,giveusthe followinginformation: • Chargeof $0.00for each BillingCycleif youraccountis subjectto an InterestCharge. Accountinformation:Yournameandaccountnumber. How do you Calculate thelnterest • Charge? We use a methodcalledAverageDaily Dollaramount:Thedeliaramount:ofthesuspectederror. Balance(includingnewtransactións). • Descriptionof Problem:If you think.thereis an erroron your bill, describewhatyou 1. First, for each segmentwe take the beginningbalanceeach day and add in new believeis wrong and why you believejt is a mistake.You mustcontactus within60 days afterthe errorappearedon yourIstatement.You mustnotifyus of any potential transactionsand the periodicInterestChargeon the preyiousday's balance. Thenwe errorsin writing.You may call us or notify us electronically,but if you do we are not . subtractany paymentsand creditsfor that.segmentas of that day.The resultis the daily balancefor each segment.However,if your previousstatementbalancewas zero or a requiredto investigateany potentialeFrorsand you may haveto pay the amountin creditamount,new transactionswhichpostto your.purchasesegmentare not addedto question.Wewill notifyyou in writingWithin30 daysof our receiptof yourletter.While the dailybalance. we investigatewhetheror nottherehasibeenan error,the followingaretrue: • 2. Next,for each segment,we addthe daily balancestogetheranddividethe sum by the We cannottry to collectthe amonntin question,or reportyouas delinquenton.that numberaf days in the Billing Cycle. The resultis the Average Daily Balancefor each amount.Thechargein questiorimayretnainonyour statement,andwe maycontinueto segment. chargeyou intereston thatambunt.Bdt, if we determinethatwe madea mistake,you will not haveto pay the amountin questionor any interestor otherfeesrelatedto that 3. At the end of each Billing Cycle, we multiplyyour AverageDaily Balancefor each segmentby the daily periodicrate (APRdividedby 365) for that segment,and thenwe amount. • multiplythe resultby the numberof daysin the BillingCycle. Weaddthe interestCharges Whileyoudo nothaveto pay thearh unt in questionuntilwe sendyoua noticeabout for all segmentstogether.Theresultis yourtotalInterestChargefor the BillingCycle. responsiblefor theremainderofyourbalance. the outcomeof our investigation, youa • We can apply any unpaidamountegainstyour credit limit.Within 90 days of our TheAverageDaily Balanceis referredto as the BalanceSubjectto InterestRatein the InterestChargeCalculationsectionofthisStatement. receipt of your letter, we will send ybu a written notice explainingeither that we NOTE:Dueto roundingor a minimumInterestCharge,this calculationmayvaryslightly correctedtheerror(to appearon yo0tnext statement)or thereasonswe believethe bill fromthe InterestChargeactuallyassessed. . is correct. Howcan my VariableAPRchange? YourAPRsmay increaseor decreasebasedonone ith Your Purchase: if youaredissatisfiedwith Your Rights If You Are Dissatisfied of the followingindices(reportedin The WallStreetJoumal ). The letter code below withyourcreditcard,andyouhavetried thegoodsor servicesthatyou havetpùrphased in goodfaithto correctthe problemwithithemerchant,you mayhavethe rightnotto pay correspondswiththe letternextto yourAPRsin the InterestChargeCalculationsectionof thisstatement .. the remainingamountdueonthe purch‡se.To usethis right,the followingmustbetrue: Codenext tóHow do we calculateyour Whenyour APR(s)will change 1) You musthaveusedyour creditta d for the purchase.Purchasesmadewith cash your APR(s). APR(s)?Index + margin advancesfroman ATMor willya chec that accessesyourcreditcardaccountdo not P PrimeRate+ margin Thefirst day of the BillingCyclesthat qualify;and L 3 monthLIBOR+ margin endin Jan.,April,July,andOct. 2) Youmustnotyet havefully paidfor tÒepurchase. If all of thecriteriaabovearemetandyouarestilldissatisfiedwiththe purchase,contact D PrimeRate+ margin Thefirst day of eachBillingCycle. us in writingat: CapitalOne,P.O.Box 3p285,SaltLakeCity,UT84130-0285.Whilewe F 1 monthLIBOR+ margin investigate,the samerulesapplyto the(disputedamountas discussedabove.Afterwe HowcanTAvoid MembarõhipFees? If a RenewalNoticeis printedon this statement, wewilltellyou ourdecision.At that point,if we thinkyouowean finishour investigation, you mayavoidpayingan annualmembershipFeeby contactingCustomerServicenolater amountandyoudo not paywe mayrep6rtyouas delin(uent. than45 daysafter the last day in the BillingCyclecoveredby this statementto request that we close your account.To avoid paying a monthlymembershipFee, close your' I ETC-08 © 2020CapitalOne.CapitalOneis a feSerallyregisteredservicemark 01/01/20 accountandwe will stopassessingyour,monthlyFee. membership Address? Howdo I MakePayments?Youmayn akeyourpaymentin severalways: Changina Mailing 1. OnlineBankingby loggingintoyo r account; Youcanchangeyouraddressby signingintoyouraccountonlineor callingCustomer 2. CapitalOneMobileBankingapp r approvedelectronicdevices; Service 3. sCallingthetelephonenumber11 d on thefrontof thisstatementandprovidingthe requiredpaymentinformation; 4. Sendingmailpaymentsto thea resson thefrontof thisstatementwiththe Pay onlineat www.Capitalone.com paymentcouponor youraccoun nformation. Whenwill you Credit My Payment? Pay using our mobile app • For mobile,onlineor overthe phope,as of the businessdaywereceiveit, as long as it is madeby 8 p.m.ET, . • For mail,asof thebusinessday e receiveit, as longas it is receivedby 5 p.m. localtimeat our processingcehe Youmustsendthebottomportionof this statementandyourcheckto theyaymentaddresson thefrontof thisstatement. Pleaseallowat leastseveir(7) bupinessdaysfor maildelivery.Mailedpayments receivedby us at any otherloca(i n or paymentsin any otherformmaynotbe creditedasof the day wereceive hem. Any written requests on this form will not be honored. To manage your account, please refer to your billing statement for customer service options. 7 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. NO. 7 RECEIVED :Page 205/28/2021 NYSCEF: of 4 Visa Sign::u:rs Account Endingin 5782 Mar. 13, 2020- Apr. 12, 2020 I 31 days in Billing Cycle RACHEL SPITZER #5782: Payments, and Ådjë5 Credits Date Description Amount RACHEL SPITZER #5782: Transactions Date . Description Amount Date Description Amount TotalFees forThisPeriod $0.00 Interest Charge on Purchases . $253.52 Interest Charge on Cash Advances $0.00 Interest Charge on Other Balances $0.00 TotalInterest for ThisPeriod $253.52 Totals Year-to-Date TotalFees charged . $0.00 TotalInterest charged $1.034.48 YourAnnual PercentageRate (APR)is the annual interest rate on your account. Type of Annual Percentage Balance SubjectInterest Charge Balance Rate(APR) to Interest Rate . Purchases 17.99‰P $16,591.44 $253.52 Cash Advances 22.99% P $0.00 $0.00 P,L,D,F = Variable Rate. See reverse of page 1 for details. 8 of 9 FILED: ROCKLAND COUNTY CLERK 05/28/2021 11:06 AM INDEX NO. 031787/2021 NYSCEF DOC. NO. 7 RECEIVED 201146 NYSCEF: 05/28/2021 Your account has charged off. Itis now being serviced by the Recoveries department. Call 1-800-258 9319 ifyou have questions about this notice. 9 of 9