Preview
FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
INDEX NUMBER:
TD BANK USA, N.A. 2022-00062369
PLAINTIFF, FILE NO. F060363
-AGAINST-
LISA D NORTON AFFIDAVIT OF
DEFENDANT(S). FACTS
STATE OF MINNESOTA )
SS:
COUNTY OF HENNEPIN)
rh , being duly sworn, deposes and says that:
l. I am an employee of Target Enterprise, Inc. ("TEI"), the exclusive servicer and
custodian of business records of Target-branded creditcard accounts owned by
Plaintiff TD Bank USA, N.A. ("TD Bank USA") (see Supplemental Affidavit of
Facts by Original Creditor submitted simultaneously herewith for important
supplemental information for this statement), and Ihave personal knowledge of
and access to Plaintiffsbooks and records ("Business Records"), including
electronic records, relating to the account ("Account") of LISA D NORTON
("Defendant"). The lastfour digitsof the Account number are 4338. In my
position, I have personal Imowledge of Plaintiffs procedures for creating and
maintaining itsBusiness Records. Plaintiffs Business Records were made in the
regular course of business, and itwas the regular course 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 Plaintiffs Business Records, I have personal
knowledge of the factsset forth in this affidavit.
2. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant
agreed to pay Plaintiff for allgoods, services, and cash advances provided pursuant
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FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022
to the Agreement. The amount of the lastpayment made by Defendant was
$ , received on or about Ofo C , asset forth in the
2/
attached Account Itemization. Defendant isnow in default and demand for
payment has been made. A true and correct copy of the Agreement is attached as
an exhibit to this affidavit.
3. I have personal knowledge of Plaintiffs procedures for generating and mailing
account statements to customers. Itis the regular practice of Plaintiffs business to
provide periodic account statements to itscustomers. On or about January 10,
2022, Plaintiff sent one or more account statements relating to the Account to
Defendant statingthe amount due as $3,7,81.75. The account statement(s) were
mailed to Defendants lastImown address and Plaintiffs records do not reflectthat
the statement(s) were returned by the post office or that the Defendant objected to
them. A true and correct copy of the finalaccount statement(s) is attached as an
exhibit to thisaffidavit.
4. At this time, Defendant owes $3,781.75 on the Account. This amount includes a
charge-off balance of $3,781.75, as evidenced in the attached cardmember
statement, less totalpost-charge-off credits and payments made by or on behalf of
the Defendant of $0.00.
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FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022
Wherefore, deponent demands judgment against Defendant for $3,781.75, together
with the disbursements of thisaction.
The above statements are true and correct to the best of my personal knowledge.
Name
Signed, sworn to and acknowledged before me this 7 day of twvNR ,
20%L
__
" IN-
GLEN ALLEN SCHAFER
. Notary Public
. Mirinesota
Notary Pubh
ExpireWen.St 2026
MyCommission
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FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022
TD BANK USA, N.A. Account Itemization
Account Number Ending in 4338
Original Creditor TD BANK USA, N.A.
Borrowers Full Name LISA D NORTON
Last Payment Date On or about
Last Payment Amount $
Charge Off Date January 10, 2022
Charge Off Balance $3,781.75
Total of Post Charge Off Interest $
Total Post Charge Off Charges and Fees $
Total Post Charge Off Credits $
Current Balance $
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FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
INDEX NUMBER
TD BANK USA, N.A. 2022-00062369
PLAINTIFF, FILE NO. F060363
-AGAINST-
LISA D NORTON SUPPLEMENTAL
DEFENDANT(S), AFFIDAVIT OF
FACTS BY
ORIGINAL
CREDITOR
STATE OF MINNESOTA )
SS:
COUNTY OF HENNEPIN )
The undersigned, being duly sworn, deposes and says:
1. My name is , 3 41/f . Iam an employee of
f
Target Enterprise, Inc. ("TEI"), the exclusive servicer and custodian of business
records of Target-branded creditcard accounts owned by Plaintiff TD Bank USA,
N.A. ("TD Bank USA"). I am a custodian of records for TEI, and I am duly
authorized to make the following representations. I make this supplemental
affidavit in support of PlaintiffTD Bank USA's request for the entry of judgment in
this matter against LISA D NORTON and ("Defendants").
Defendants'
2. Target Credit Card credit card account ("Account") was
originated by TD Bank USA and has been serviced by-TEI since itsinception,
including the opening and creation of the Account. TEI services and maintains the
Defendants'
business records, including the account information related to the
Account, on behalf of PlaintiffTD Bank USA. As custodian of records for TEI, I
have personal imowledge of the factsset forth in the accompanying Affidavit of
Facts by Original Creditor ("Affidavit of Facts") based upon my review of the
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FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022
records created, maintained, and stored by TEI.
The above statements are true and correct to the best of my personal knowledge.
ame
Signed, sworn to and acknowledged before me this 24f day of
Ivy-St u , 201
GLEN ALLEN SCHAFER
. NotaryPublic
Minnesota
ExpiresJan.St2026
MykmissBn
Notary Public
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FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022
CERTIFICATE OF CONFORMITY
I,Kyle Evens, an attorney-at-law of the State of Minnesota who resides in the State of
Minnesota and is fully acquainted with the laws of the State of Minnesota pertaining to the
acknowledgment or proof of deeds of real property to be recorded herein, do hereby certify that I
am duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real
Property Law of the State of New York and hereby certify that the acknowledgment or proof
upon the foregoing document was taken by Glen Schafer, a notary public in the State of
Minnesota, in conformity with the laws of the State of Minnesota, being the state in which the
Affidavit was executed.
IN WITNESS WHEREOF, I have hereunto set m signature, this day of
2022.
yl Eve Esq.
Attorney at Law, State of Minnesota
. .
Document #: 960516 Version:v3
7 of 7
Preview
FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA INDEX NUMBER: TD BANK USA, N.A. 2022-00062369 PLAINTIFF, FILE NO. F060363 -AGAINST- LISA D NORTON AFFIDAVIT OF DEFENDANT(S). FACTS STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN) rh , being duly sworn, deposes and says that: l. I am an employee of Target Enterprise, Inc. ("TEI"), the exclusive servicer and custodian of business records of Target-branded creditcard accounts owned by Plaintiff TD Bank USA, N.A. ("TD Bank USA") (see Supplemental Affidavit of Facts by Original Creditor submitted simultaneously herewith for important supplemental information for this statement), and Ihave personal knowledge of and access to Plaintiffsbooks and records ("Business Records"), including electronic records, relating to the account ("Account") of LISA D NORTON ("Defendant"). The lastfour digitsof the Account number are 4338. In my position, I have personal Imowledge of Plaintiffs procedures for creating and maintaining itsBusiness Records. Plaintiffs Business Records were made in the regular course of business, and itwas the regular course 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 Plaintiffs Business Records, I have personal knowledge of the factsset forth in this affidavit. 2. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to pay Plaintiff for allgoods, services, and cash advances provided pursuant 1 of 7 FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022 to the Agreement. The amount of the lastpayment made by Defendant was $ , received on or about Ofo C , asset forth in the 2/ attached Account Itemization. Defendant isnow in default and demand for payment has been made. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. 3. I have personal knowledge of Plaintiffs procedures for generating and mailing account statements to customers. Itis the regular practice of Plaintiffs business to provide periodic account statements to itscustomers. On or about January 10, 2022, Plaintiff sent one or more account statements relating to the Account to Defendant statingthe amount due as $3,7,81.75. The account statement(s) were mailed to Defendants lastImown address and Plaintiffs records do not reflectthat the statement(s) were returned by the post office or that the Defendant objected to them. A true and correct copy of the finalaccount statement(s) is attached as an exhibit to thisaffidavit. 4. At this time, Defendant owes $3,781.75 on the Account. This amount includes a charge-off balance of $3,781.75, as evidenced in the attached cardmember statement, less totalpost-charge-off credits and payments made by or on behalf of the Defendant of $0.00. 2 of 7 FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022 Wherefore, deponent demands judgment against Defendant for $3,781.75, together with the disbursements of thisaction. The above statements are true and correct to the best of my personal knowledge. Name Signed, sworn to and acknowledged before me this 7 day of twvNR , 20%L __ " IN- GLEN ALLEN SCHAFER . Notary Public . Mirinesota Notary Pubh ExpireWen.St 2026 MyCommission 3 of 7 FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022 TD BANK USA, N.A. Account Itemization Account Number Ending in 4338 Original Creditor TD BANK USA, N.A. Borrowers Full Name LISA D NORTON Last Payment Date On or about Last Payment Amount $ Charge Off Date January 10, 2022 Charge Off Balance $3,781.75 Total of Post Charge Off Interest $ Total Post Charge Off Charges and Fees $ Total Post Charge Off Credits $ Current Balance $ 4 of 7 FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA INDEX NUMBER TD BANK USA, N.A. 2022-00062369 PLAINTIFF, FILE NO. F060363 -AGAINST- LISA D NORTON SUPPLEMENTAL DEFENDANT(S), AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR STATE OF MINNESOTA ) SS: COUNTY OF HENNEPIN ) The undersigned, being duly sworn, deposes and says: 1. My name is , 3 41/f . Iam an employee of f Target Enterprise, Inc. ("TEI"), the exclusive servicer and custodian of business records of Target-branded creditcard accounts owned by Plaintiff TD Bank USA, N.A. ("TD Bank USA"). I am a custodian of records for TEI, and I am duly authorized to make the following representations. I make this supplemental affidavit in support of PlaintiffTD Bank USA's request for the entry of judgment in this matter against LISA D NORTON and ("Defendants"). Defendants' 2. Target Credit Card credit card account ("Account") was originated by TD Bank USA and has been serviced by-TEI since itsinception, including the opening and creation of the Account. TEI services and maintains the Defendants' business records, including the account information related to the Account, on behalf of PlaintiffTD Bank USA. As custodian of records for TEI, I have personal imowledge of the factsset forth in the accompanying Affidavit of Facts by Original Creditor ("Affidavit of Facts") based upon my review of the 5 of 7 FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022 records created, maintained, and stored by TEI. The above statements are true and correct to the best of my personal knowledge. ame Signed, sworn to and acknowledged before me this 24f day of Ivy-St u , 201 GLEN ALLEN SCHAFER . NotaryPublic Minnesota ExpiresJan.St2026 MykmissBn Notary Public 6 of 7 FILED: TIOGA COUNTY CLERK 04/29/2022 12:45 PM INDEX NO. 2022-00062369 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 04/29/2022 CERTIFICATE OF CONFORMITY I,Kyle Evens, an attorney-at-law of the State of Minnesota who resides in the State of Minnesota and is fully acquainted with the laws of the State of Minnesota pertaining to the acknowledgment or proof of deeds of real property to be recorded herein, do hereby certify that I am duly qualified to make this certificate of conformity pursuant to Section 299-a of the Real Property Law of the State of New York and hereby certify that the acknowledgment or proof upon the foregoing document was taken by Glen Schafer, a notary public in the State of Minnesota, in conformity with the laws of the State of Minnesota, being the state in which the Affidavit was executed. IN WITNESS WHEREOF, I have hereunto set m signature, this day of 2022. yl Eve Esq. Attorney at Law, State of Minnesota . . Document #: 960516 Version:v3 7 of 7