Preview
FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021
SUPREME COURT OF THE STATE OF NEW YORK Index number EC2020-31576
COUNTY OF WASHINGTON
Midland Credit Management, Inc.,
Plaintiff
-vs-
JEFF E SANFILIPPO,
Defendant(s).
AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT
BY DEBT BUYER PLAINTIFF (Debt Buyer Actions)
Rachel Funches, being duly sworn, deposes and says:
1. I am employed as a Legal Specialist by Midland Credit Management, Inc. ("Plaintiff").
In this capacity, I have access to the books and records maintained by Plaintiff ("Business
Records"), including electronic records, relating to the account ("Account") of JEFF E
SANFILIPPO. The lastfour digits of the Account number are XXXXXXXXXXXX9389.
2. In my position, I also have personal knowledge of the procedures relating to the purchase
and/or assignment of consumer credit accounts. The Business Records were made in the
regular course of business, and itwas 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 the Business Records, I have personal knowledge of the facts set forth in
this affidavit.
3. On or about 2019-04-26, Plaintiff purchased or was assigned the Account from CAPITAL
ONE BANK (USA), N.A. (the "Purchase"). At that time, CAPITAL ONE BANK (USA),
N.A. assigned allof its interest in the Account, including the right to any proceeds from
the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account
were transferred to Plaintiff. Following the Purchase, those Business Records were maintained
in the ordinary course of business.
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4. As set forth in the affidavit(s) of CAPITAL ONE BANK (USA), N.A. submitted herewith,
the complete chain of title,with the date of each sale or assignment of the Account, is as
follows:
1. CAPITAL ONE BANK (USA), N.A. 2019-04-26
2. Midland Credit Management, Inc.
5. At this Defendant owes $3,001.29 on the Account. This amount includes the charge-
time,
off balance of $3,001.29, post-charge-off interest of $0.00, and post-charge-off fees and charges
of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of
$0.00.
WHEREFORE, deponent demands judgment against Defendant for $3,001.29, together with
the costs and disbursements of this action.
LEFT BLANK INTENTIONALLY
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I certify under penalty of perjury that the foregoing statements are true and correct.
FEB 23 2021
Date
Rachel Funches
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
FEB 23 2021
Subscribed and sworn to before me on by Rachel Funches, a Legal
Specialist of Midland Credit Management, Inc., a foreign corporation, and hereby notarized
pursuant to the laws of the State of Minnesota on behalf of the corporation.
'
Notarial Stamp or Seal (or other Title or Rank):
SANDRA RAE DEUTSCH
NOTARY PUBLIC
MINNESOTA
. ams"
My CommissionExpire
Signature of Notary Public or Other Official - - - - - - - - - - .-
NY27
SELIP & STYLIANOU, LLP
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SUPREME COURT OF THE STATE OF NEW YORK Index number EC2020-31576
COUNTY OF WASHINGTON
Midland Credit Management, Inc.,
Plaintiff
-vs-
JEFF E SANFILIPPO,
Defendant(s).
SUPPLEMENTAL AFFIDAVIT TO AFFIDAVIT OF FACTS AND PURCHASE
OF AC.COUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions)
Rachel Funches, being duly sworn, deposes and says:
1. I am employed as a Legal Specialist by Midland Credit Management, Inc. ("Plaintiff").
In this capacity, I have access to the account records maintained Plaintiff ("Business
by
Records") and make the statements herein based upon personal knowledge of the account
records nmintained by Plaintiff, including electronic records relating to the account
("Account") of JEFF E SANFILIPPO. The last four digits of the Account number are
XXXXXXXXXXXX9389. Based on my knowledge of the manner in which MCM creates
and maintains itsBusiness Records, I have personal knowledge of the facts set forth herein. I
submit this Affidavit to supplement the facts set forth in the Affidavit of Facts and Purchase of
Account by Debt Buyer that Plaintiff submitted simultaneously herewith.
2. I have access to and have reviewed the electronic records pertaining to the Account
maiñtaiñcd by Plaintiff and am authorized to make this affidavit on Plaintiff s behalf. The
electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff
purchased or was assigned the Account, together with records generated by Plaintiff in
connection with servicing the Account since the date Plaintiff purchased or was assigned the
Account. In addition, I reviewed the documents that are attached to this affidavit.
3. Plaintiff purchases or is assigned delinquent accounts and thereafter services the account.
As part of the Purchase or Assignment (as defined in the Affidavit of Facts and Purchase of
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Account by Debt Buyer Plaintiff submitted simultaneously herewith), Plaintiff received from
the Original Creditor the Business Record File (as defined in the Original Creditor's Affidavits
herewith). Plaintiff iñcorporated the Business Records contained in the Business Record File
into its own business records. It isthe ordinary and regular course of Plaintiff's business to
maintain these records, and these records were in fact maintained in the ordinary and regular
course of Plaintiff's business.
4. Attached hereto are records regarding the Account and/or payment(s) received.
5. The documents attached hereto are true and correct copies of the originals, being a
reproduction of Plaintiffs records, based upon my review, except to the extent that confidential
and privileged information and/or personal identifying information is omitted or redacted as
required by local rules, and applicable state and federal law.
WHEREFORE, deponent deniands judgñieñt against Defendant for $3,001.29, together with
the costs and disbursements of this action.
LEFT BLANK INTENTIONALLY
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I certify under penalty of perjury that the foregoing statements are true and correct.
FEB 2 3 2021
°ª*°
€ackd fucwhes
Rachel Funches
STATE OF MINNESOTA )
) ss
COUNTY OF STEARNS )
Subscribed and sworn to before me on by Rachel Funches, a Legal
Specialist of Midland Credit Managemeñt, Inc., a foreign corporation, and hereby notarized
pursuant to the laws of the State of Minnesota on behalf of the corporation.
Notarial Stamp or 5eal (or other Title or Rank
SANDRA RAE DEUTSCH
NOTARY PUBUC
MINNESOTA
C-"^°--
My 01/31/2026
Signature of Notary Public or Other Official
NY27
SELIP & STYLIANOU, LLP
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CERTIFICATE OF CONFORMITY
I,JillN Brown, an attorney-at-law of the State of Miññéseta who rcsides in the State of
Mireeota and is fully acquainted with the laws of the State of Minnesota to the
pertairdng
acknowledgment or proof of deeds of real property to be recorded therein, 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 Yórk and hereby certify that the acknowledgment or proof
upon the foregoing document was taken by Sandra Rae Deutsch, a notary public in the State of
Mi nnesota, in the reaññct prescribed the laws of the State of Mirñ1csòta and confonns to the
by
laws thereof in all respects.
1N WITNESS WHEREOF, I have hereunto set my signature; this 23 day of February,
2021.
Jill rown, Esq.
Attorney at Law, ID# 278117
State of Minnesota
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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 Apr 19, 2019 (the "Sale"), which included the account
("Account") of the consumer ("Consumer") identified in the exhibits
attached hereto and incorpor.ated 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- of the bill of sale or written assignment
copy
of the Account is attached as an exhibit to this affidavit.
2. In my position, I also have personal knowledge of Original
Creditor's procedures for creating and maintaining its Business 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 I have knowledge the set
Records, personal of facts
forth in this affidavit.
3. Original Creditor and Consumer were parties to a credit agreement
("Agreement"), Cònsumer 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.
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4. At the time of Sale, Consumer owed the amount set. forth in the
e5thibits attached hereto .and made a part hereof, which also sets forth the
the-
:name of the donsumer; the last four digits of Accoúht numbery thè date
and arhount of the charge-off balancer the date and amount of the leat
payment, if any; the total amount5, 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: July , 2019
April Henry
County of Chesterfield, to wit:
Commonwealth of virginia
SUBSCRIBED and tsworn to before me, the undersigned Notary Public in
ahd for the jurisdiction aforesaidf by April Wenry, who .i& personally
known to me and who acknowledged before .me his/her signature to the
foregoing Affidavit.
ÚIVEN under my hand and seal this day of July, 20192
No ary Pub
IDr BFRLLE20190418
-87eggeWS
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Capital One AccouM Itemimâ¾ich.
Account Rumbet 9E383
Ged/ginal Creditor Capi¾l gre BäMk 00S1),. Wational Assaclation
E4tesygpp ygM Wäme FRNFIMPIBQr JEEY lif
ri'ginatina nate Ró3lbd244
Mgst Eayttent Date 2028 08'0$
55% P¾yf444 Amo¾nt $7E.00
Charge off D.ate 2 iS-$$-it
stisrge 9£f halance $30‰E9
Totaf1 Fotat Che£ge R
Interent at time of pale $440s
Mtäil Tast hã94 9fd
charges at time E Mig $0.00
Tengf R st Chase off
ef $4(M'
Ute4195 WL tistre sale
Sals Date 4494-‡¾
halance at time or sale $3øeLa9
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SOPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. 15y name is April Henry. I an an employee of Capital One Services,
LLC ("Co.SLLC"), 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 PDebt
Buyer")2s request for the entry of judgment in this matter against
SANFILIPPO, JEFF E. COSLLC provides. servic'es to Original Creditor in
connection with its credit card and related banking práctices. Ný job
responsibilities as Litigation support Representative provide me with
access to all relevant systems and documents of Original Creditor needed
to validatè the information in the Affidavit of Facts and sale of Account
by Original Creditor executed by me contemperaneously with my signing of
this affidavit.
The above statements are true and ·correct to the lyest of my personal
knowledge,
Given under my hand ont
Dated- 2019
July ,
April Henry
County of Chesterfield, to wit;
Commonwealth of Virginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in
and for the jurisdiction aforesaidr by April Henry, who is personally
known to Ire and Who acknowledged before me his/her signature to the
foregoing Affidà vit.
GIVEN under my hand and seal this day of July, 2019
No ary Pub
MYCOMMISS
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CERTIMCATEOTCONFORMDY
tWSRFLg299-a
The undauigned aces hereby certify tliat.he bsan attorneysait4aw asy d±½i tu
.prãcticelathe CommonwealthofVirginiaandresidinginthe Ce=-weathatVirginia;that
be is fidly acggginted wla the laws of the ce==erwaGA of Virginia perfnirring to the
ackamwicagmenterproofordeedsofrcarpinpertyroterecordedtherein:end:thatheisaperson
duly qualified tomale'this certificrde of confonnity pusaant5 $eenon 299-a gf dieItent
PrqpedyLawofne StateofNewYørk. The ardersigned certifies that the uckncWledginent
tip«nmefòregpiñgdoctrmentbyA1nilHenry,beforeKimberhWilbumBromanetarypublic
in the C--nvealt1r of Virginia, Ms takennia th'mmerpressbed by the taws afthe
CommonwealthofVirginianadmaformstemuseiswsinallrespects.
Witnesselysigâãñuø@is dâyëfluly, 2014.
Midhaelftclinsid
VirghiaStateea1 $26M
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forward Flow Receivable Saie Agreement dated November 15, 2818
BILL 07 SALE
Closing Date: April 26, 2019
C italOne Bank (USA), National Assacidea ("SelTée"),in consideration of a Purcitase
Price ef and other valuable consideration, the receipt of which is hereby
acknowledged, hereby sells,assigns thd transfers all right, titleand interest in the Accounts
identified in the Sale File entitled
"OMEGA.BN0076.SALES.PROD-
EAST.20190419_BFRLLE20190418_BN0076_customer_FileMarg
OMEGA.BN0076.SALE$iPROD-
EAST.201904t9sBFRLLE20190418_BN0076_mainfile.dat.gz,
OMEGA.BN0076s8ALES..PROD-
phoneJile4at.gz"
EA5T.20190419_BFRLLE20190418_BN0076.
(wluch may be in clectonic form) to Midland Credit Management, inc., as successor in interest
to, Midland Funding LLC ("Buyer"), veithóet wetwurse pr representation except as expressly
provided herein or on the terms, and subject to the condi:1:=s, set forth in,the Agreement (as
defined below)a
This Bill of Säle is deuvered pursuant to that certain Fonvard Flow Receivable Sale
Agreement, dated as ofNovember 13, 2018 by and Between Seller and Buyer (the "Agreement')
All capitalised terms used, but not defmed, in drisBel of$ate shallhave the meanings assigaêd to
such terms in the Agreement.
The Cutoff.Date for the Sale Fi 2019. The aggreg::te Unpaid Balance of
the Accounts as ofthe Cutoff Datewas
CAPITAL ONE BANK (USA), Mif MANAGEMENT, INC..
NATIONAL ASSOCIATI
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Forward Mow Receivable Sale Agreement dated November 15; 2018
AFFIDAVIT OF SALE
OF ACCOUNT
BY CREDITOR
State ofVirginia, County of Goochland.
James & Lane.being duly swom, deposes and says:
I an overts and not a party to th action. Iam a VicePresident of Capital One Bank(USA),
Natient Association. in that position Imaware of the process o¾the sale andesai¼máent of
electronically stored business records2.
on or about April 19, 2019; Capital one Bank (USA), National Association sold a pool of
charged-off accounts (the Accounts}by a Forward hw Receivable Bale Agreement and a Bill
of Sale to Midland Credit Managc=en inc., as successor in interestto, h"P.¾d Funding LLC
As panof the sale ofthe Accounts,electronic records and other recòrds were iransferred on
individual Accounts to the debt huyer. These recorda were kept in the eday course of
business of Capital One Bank (USAL National association.
I am not aware of any errors itthese ccountai The above #=t=awa are ime 16 the best ofmy
knowledge.
signed this of /* 2019.
day
$GBSCRIBED and sworato before me, the undersigned Notary Publicin thejmisdiction
aforesaid, by JamesIL Lane, who ispemmally known to me and who acknowledged before me
his signature to the foregoing Affidavit.
GIVEN under my hand and seaf ihis . day of h'N 20191
. --
Winium Weston Pange WESTON PAtGE
NOTARY Pusuo
Notary Public . REG. m98958
COMMONWEALTH0F VIRGINIA
alY COMMtS$10NEXPiRES00th 2022
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Towardylowiteceivable SnieAgreementWatedNovember 14,2618
CiÃRTIliffeátTr/ GFtfGNF418HTV
CERUSCATE ST CONFQ1UMEF F
M4UEPURSUWNTTU
UP1iR2309M
unSEPL 2994
Inn,atromer-at-ftwedefª top=ctie-indhe CmñmeneedietWginis,&hereby
eltifTh Wilfing Weston¼aigeds a noltarypéiielg g# for1he fe===wealth of Wr
dñ thejugadistroseforestlintionweird me strigrgeragritenigmargaeviteforcapigone gank
{TJSKy,Nde-é!Assadadeiraterakeñ3nfhess.n-;presenhelifthe kwsofthe
comnronwegimofVirginiganscontennstothe(awsthereoffhaliaespectw
R9WTIMESS WREREW Ibaniitereùnte netinysiggstowa mis daynf
AttwmygLaw, d====weenhofVirgaris
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PageJ df 5
Visa PTaUnumAccount Wading in5389
- Mar.
Fèb.12, 2019 21, 201 f .28 days in Billing C9cle
Pyyment Due Date For online and phone payments. PreviousBalance $2,943.96
tlïe
deadlineis 8pmET.
PA T DUE .Payments $0.00
Ñew Balance WIinimum FaymentDue Other Credits $0.00
$3,001.29 $3,001.29 Transactons so.oo
IMPORTANT ACCOUNT UPDATES: . ..
Fees Charged $0.00
balance is due. Any payntent you make wilf
Your full reduce yout balance -.. . .
anti help pay off your debt faster. The amount you owe may differ
if
JnterestCharged + $57.33
youNe entered into a separate payrnent agreement
AvailableCredit(as of WIar. 11n2019) N/A
3000
Account Notificetions
New York residents
may contact the New York State Départment
of
Financial
Servicer a comparative listing of credit
to obtain card rates,
Deliartment
fees, and grace periods. Contact the New YoritState of
Financial 1,877-226-5697
Services: or www,dis.ny.gov.
Pay or htanage your secount on our snot ile app er at
won mm. Customer Savice:
1400-258-9319 $ee reverse for important
*±:rfr
flease sendusthis pottlenofyelirstatementandonlyoneetieck(oronenioneyale0 to
engineprpayinentis asswere Ah athanWeidaysWeEve 400030
Paymsñt Due Date: Past Due Account Ending in 9389
New Balance i=± Payment Due ArttountEnclosed
$3,001.29 $3,001.29 $
JEFF E XkNFILIPPO
3D31. COUNTY ROUTE %
FORT IDWAh NY 12828-3904 capi-tal One
P.0. Box 6492
Îne Carol stream, JL Ir0197-M¶2
9389 11 3001290076003001299
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Preview
FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 SUPREME COURT OF THE STATE OF NEW YORK Index number EC2020-31576 COUNTY OF WASHINGTON Midland Credit Management, Inc., Plaintiff -vs- JEFF E SANFILIPPO, Defendant(s). AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) Rachel Funches, being duly sworn, deposes and says: 1. I am employed as a Legal Specialist by Midland Credit Management, Inc. ("Plaintiff"). In this capacity, I have access to the books and records maintained by Plaintiff ("Business Records"), including electronic records, relating to the account ("Account") of JEFF E SANFILIPPO. The lastfour digits of the Account number are XXXXXXXXXXXX9389. 2. In my position, I also have personal knowledge of the procedures relating to the purchase and/or assignment of consumer credit accounts. The Business Records were made in the regular course of business, and itwas 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 the Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. On or about 2019-04-26, Plaintiff purchased or was assigned the Account from CAPITAL ONE BANK (USA), N.A. (the "Purchase"). At that time, CAPITAL ONE BANK (USA), N.A. assigned allof its interest in the Account, including the right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff. Following the Purchase, those Business Records were maintained in the ordinary course of business. Page - 1 301365617 AFFCOTMISC C587322 1 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 4. As set forth in the affidavit(s) of CAPITAL ONE BANK (USA), N.A. submitted herewith, the complete chain of title,with the date of each sale or assignment of the Account, is as follows: 1. CAPITAL ONE BANK (USA), N.A. 2019-04-26 2. Midland Credit Management, Inc. 5. At this Defendant owes $3,001.29 on the Account. This amount includes the charge- time, off balance of $3,001.29, post-charge-off interest of $0.00, and post-charge-off fees and charges of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. WHEREFORE, deponent demands judgment against Defendant for $3,001.29, together with the costs and disbursements of this action. LEFT BLANK INTENTIONALLY ___ Page - 2 301365617 AFFCOTMISC C587322 2 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 I certify under penalty of perjury that the foregoing statements are true and correct. FEB 23 2021 Date Rachel Funches STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) FEB 23 2021 Subscribed and sworn to before me on by Rachel Funches, a Legal Specialist of Midland Credit Management, Inc., a foreign corporation, and hereby notarized pursuant to the laws of the State of Minnesota on behalf of the corporation. ' Notarial Stamp or Seal (or other Title or Rank): SANDRA RAE DEUTSCH NOTARY PUBLIC MINNESOTA . ams" My CommissionExpire Signature of Notary Public or Other Official - - - - - - - - - - .- NY27 SELIP & STYLIANOU, LLP Page - 3 301365617 AFFCOTMISC C587322 3 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 SUPREME COURT OF THE STATE OF NEW YORK Index number EC2020-31576 COUNTY OF WASHINGTON Midland Credit Management, Inc., Plaintiff -vs- JEFF E SANFILIPPO, Defendant(s). SUPPLEMENTAL AFFIDAVIT TO AFFIDAVIT OF FACTS AND PURCHASE OF AC.COUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) Rachel Funches, being duly sworn, deposes and says: 1. I am employed as a Legal Specialist by Midland Credit Management, Inc. ("Plaintiff"). In this capacity, I have access to the account records maintained Plaintiff ("Business by Records") and make the statements herein based upon personal knowledge of the account records nmintained by Plaintiff, including electronic records relating to the account ("Account") of JEFF E SANFILIPPO. The last four digits of the Account number are XXXXXXXXXXXX9389. Based on my knowledge of the manner in which MCM creates and maintains itsBusiness Records, I have personal knowledge of the facts set forth herein. I submit this Affidavit to supplement the facts set forth in the Affidavit of Facts and Purchase of Account by Debt Buyer that Plaintiff submitted simultaneously herewith. 2. I have access to and have reviewed the electronic records pertaining to the Account maiñtaiñcd by Plaintiff and am authorized to make this affidavit on Plaintiff s behalf. The electronic records reviewed consist of data acquired from the seller or assignor when Plaintiff purchased or was assigned the Account, together with records generated by Plaintiff in connection with servicing the Account since the date Plaintiff purchased or was assigned the Account. In addition, I reviewed the documents that are attached to this affidavit. 3. Plaintiff purchases or is assigned delinquent accounts and thereafter services the account. As part of the Purchase or Assignment (as defined in the Affidavit of Facts and Purchase of Page - 4 301365617 •TT 4 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 Account by Debt Buyer Plaintiff submitted simultaneously herewith), Plaintiff received from the Original Creditor the Business Record File (as defined in the Original Creditor's Affidavits herewith). Plaintiff iñcorporated the Business Records contained in the Business Record File into its own business records. It isthe ordinary and regular course of Plaintiff's business to maintain these records, and these records were in fact maintained in the ordinary and regular course of Plaintiff's business. 4. Attached hereto are records regarding the Account and/or payment(s) received. 5. The documents attached hereto are true and correct copies of the originals, being a reproduction of Plaintiffs records, based upon my review, except to the extent that confidential and privileged information and/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. WHEREFORE, deponent deniands judgñieñt against Defendant for $3,001.29, together with the costs and disbursements of this action. LEFT BLANK INTENTIONALLY Page - 5 301365617 AFFCOTMISC C587322 5 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 I certify under penalty of perjury that the foregoing statements are true and correct. FEB 2 3 2021 °ª*° €ackd fucwhes Rachel Funches STATE OF MINNESOTA ) ) ss COUNTY OF STEARNS ) Subscribed and sworn to before me on by Rachel Funches, a Legal Specialist of Midland Credit Managemeñt, Inc., a foreign corporation, and hereby notarized pursuant to the laws of the State of Minnesota on behalf of the corporation. Notarial Stamp or 5eal (or other Title or Rank SANDRA RAE DEUTSCH NOTARY PUBUC MINNESOTA C-"^°-- My 01/31/2026 Signature of Notary Public or Other Official NY27 SELIP & STYLIANOU, LLP Page - 6 301365617 AFFCOTMISC C587322 6 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 CERTIFICATE OF CONFORMITY I,JillN Brown, an attorney-at-law of the State of Miññéseta who rcsides in the State of Mireeota and is fully acquainted with the laws of the State of Minnesota to the pertairdng acknowledgment or proof of deeds of real property to be recorded therein, 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 Yórk and hereby certify that the acknowledgment or proof upon the foregoing document was taken by Sandra Rae Deutsch, a notary public in the State of Mi nnesota, in the reaññct prescribed the laws of the State of Mirñ1csòta and confonns to the by laws thereof in all respects. 1N WITNESS WHEREOF, I have hereunto set my signature; this 23 day of February, 2021. Jill rown, Esq. Attorney at Law, ID# 278117 State of Minnesota 7 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 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 Apr 19, 2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorpor.ated 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- of the bill of sale or written assignment copy of the Account is attached as an exhibit to this affidavit. 2. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business 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 I have knowledge the set Records, personal of facts forth in this affidavit. 3. Original Creditor and Consumer were parties to a credit agreement ("Agreement"), Cònsumer 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. 8 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 4. At the time of Sale, Consumer owed the amount set. forth in the e5thibits attached hereto .and made a part hereof, which also sets forth the the- :name of the donsumer; the last four digits of Accoúht numbery thè date and arhount of the charge-off balancer the date and amount of the leat payment, if any; the total amount5, 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: July , 2019 April Henry County of Chesterfield, to wit: Commonwealth of virginia SUBSCRIBED and tsworn to before me, the undersigned Notary Public in ahd for the jurisdiction aforesaidf by April Wenry, who .i& personally known to me and who acknowledged before .me his/her signature to the foregoing Affidavit. ÚIVEN under my hand and seal this day of July, 20192 No ary Pub IDr BFRLLE20190418 -87eggeWS 9 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 Capital One AccouM Itemimâ¾ich. Account Rumbet 9E383 Ged/ginal Creditor Capi¾l gre BäMk 00S1),. Wational Assaclation E4tesygpp ygM Wäme FRNFIMPIBQr JEEY lif ri'ginatina nate Ró3lbd244 Mgst Eayttent Date 2028 08'0$ 55% P¾yf444 Amo¾nt $7E.00 Charge off D.ate 2 iS-$$-it stisrge 9£f halance $30‰E9 Totaf1 Fotat Che£ge R Interent at time of pale $440s Mtäil Tast hã94 9fd charges at time E Mig $0.00 Tengf R st Chase off ef $4(M' Ute4195 WL tistre sale Sals Date 4494-‡¾ halance at time or sale $3øeLa9 10 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 SOPPLEMENTAL AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. 15y name is April Henry. I an an employee of Capital One Services, LLC ("Co.SLLC"), 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 PDebt Buyer")2s request for the entry of judgment in this matter against SANFILIPPO, JEFF E. COSLLC provides. servic'es to Original Creditor in connection with its credit card and related banking práctices. Ný job responsibilities as Litigation support Representative provide me with access to all relevant systems and documents of Original Creditor needed to validatè the information in the Affidavit of Facts and sale of Account by Original Creditor executed by me contemperaneously with my signing of this affidavit. The above statements are true and ·correct to the lyest of my personal knowledge, Given under my hand ont Dated- 2019 July , April Henry County of Chesterfield, to wit; Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaidr by April Henry, who is personally known to Ire and Who acknowledged before me his/her signature to the foregoing Affidà vit. GIVEN under my hand and seal this day of July, 2019 No ary Pub MYCOMMISS 11 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 CERTIMCATEOTCONFORMDY tWSRFLg299-a The undauigned aces hereby certify tliat.he bsan attorneysait4aw asy d±½i tu .prãcticelathe CommonwealthofVirginiaandresidinginthe Ce=-weathatVirginia;that be is fidly acggginted wla the laws of the ce==erwaGA of Virginia perfnirring to the ackamwicagmenterproofordeedsofrcarpinpertyroterecordedtherein:end:thatheisaperson duly qualified tomale'this certificrde of confonnity pusaant5 $eenon 299-a gf dieItent PrqpedyLawofne StateofNewYørk. The ardersigned certifies that the uckncWledginent tip«nmefòregpiñgdoctrmentbyA1nilHenry,beforeKimberhWilbumBromanetarypublic in the C--nvealt1r of Virginia, Ms takennia th'mmerpressbed by the taws afthe CommonwealthofVirginianadmaformstemuseiswsinallrespects. Witnesselysigâãñuø@is dâyëfluly, 2014. Midhaelftclinsid VirghiaStateea1 $26M 12 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 forward Flow Receivable Saie Agreement dated November 15, 2818 BILL 07 SALE Closing Date: April 26, 2019 C italOne Bank (USA), National Assacidea ("SelTée"),in consideration of a Purcitase Price ef and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells,assigns thd transfers all right, titleand interest in the Accounts identified in the Sale File entitled "OMEGA.BN0076.SALES.PROD- EAST.20190419_BFRLLE20190418_BN0076_customer_FileMarg OMEGA.BN0076.SALE$iPROD- EAST.201904t9sBFRLLE20190418_BN0076_mainfile.dat.gz, OMEGA.BN0076s8ALES..PROD- phoneJile4at.gz" EA5T.20190419_BFRLLE20190418_BN0076. (wluch may be in clectonic form) to Midland Credit Management, inc., as successor in interest to, Midland Funding LLC ("Buyer"), veithóet wetwurse pr representation except as expressly provided herein or on the terms, and subject to the condi:1:=s, set forth in,the Agreement (as defined below)a This Bill of Säle is deuvered pursuant to that certain Fonvard Flow Receivable Sale Agreement, dated as ofNovember 13, 2018 by and Between Seller and Buyer (the "Agreement') All capitalised terms used, but not defmed, in drisBel of$ate shallhave the meanings assigaêd to such terms in the Agreement. The Cutoff.Date for the Sale Fi 2019. The aggreg::te Unpaid Balance of the Accounts as ofthe Cutoff Datewas CAPITAL ONE BANK (USA), Mif MANAGEMENT, INC.. NATIONAL ASSOCIATI 13 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 Forward Mow Receivable Sale Agreement dated November 15; 2018 AFFIDAVIT OF SALE OF ACCOUNT BY CREDITOR State ofVirginia, County of Goochland. James & Lane.being duly swom, deposes and says: I an overts and not a party to th action. Iam a VicePresident of Capital One Bank(USA), Natient Association. in that position Imaware of the process o¾the sale andesai¼máent of electronically stored business records2. on or about April 19, 2019; Capital one Bank (USA), National Association sold a pool of charged-off accounts (the Accounts}by a Forward hw Receivable Bale Agreement and a Bill of Sale to Midland Credit Managc=en inc., as successor in interestto, h"P.¾d Funding LLC As panof the sale ofthe Accounts,electronic records and other recòrds were iransferred on individual Accounts to the debt huyer. These recorda were kept in the eday course of business of Capital One Bank (USAL National association. I am not aware of any errors itthese ccountai The above #=t=awa are ime 16 the best ofmy knowledge. signed this of /* 2019. day $GBSCRIBED and sworato before me, the undersigned Notary Publicin thejmisdiction aforesaid, by JamesIL Lane, who ispemmally known to me and who acknowledged before me his signature to the foregoing Affidavit. GIVEN under my hand and seaf ihis . day of h'N 20191 . -- Winium Weston Pange WESTON PAtGE NOTARY Pusuo Notary Public . REG. m98958 COMMONWEALTH0F VIRGINIA alY COMMtS$10NEXPiRES00th 2022 14 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 Towardylowiteceivable SnieAgreementWatedNovember 14,2618 CiÃRTIliffeátTr/ GFtfGNF418HTV CERUSCATE ST CONFQ1UMEF F M4UEPURSUWNTTU UP1iR2309M unSEPL 2994 Inn,atromer-at-ftwedefª top=ctie-indhe CmñmeneedietWginis,&hereby eltifTh Wilfing Weston¼aigeds a noltarypéiielg g# for1he fe===wealth of Wr dñ thejugadistroseforestlintionweird me strigrgeragritenigmargaeviteforcapigone gank {TJSKy,Nde-é!Assadadeiraterakeñ3nfhess.n-;presenhelifthe kwsofthe comnronwegimofVirginiganscontennstothe(awsthereoffhaliaespectw R9WTIMESS WREREW Ibaniitereùnte netinysiggstowa mis daynf AttwmygLaw, d====weenhofVirgaris 15 of 16 FILED: WASHINGTON COUNTY CLERK 03/16/2021 05:13 PM INDEX NO. EC2020-31576 NYSCEF. DOC. NO. 5 RECEIVED NYSCEF: 03/16/2021 PageJ df 5 Visa PTaUnumAccount Wading in5389 - Mar. Fèb.12, 2019 21, 201 f .28 days in Billing C9cle Pyyment Due Date For online and phone payments. PreviousBalance $2,943.96 tlïe deadlineis 8pmET. PA T DUE .Payments $0.00 Ñew Balance WIinimum FaymentDue Other Credits $0.00 $3,001.29 $3,001.29 Transactons so.oo IMPORTANT ACCOUNT UPDATES: . .. Fees Charged $0.00 balance is due. Any payntent you make wilf Your full reduce yout balance -.. . . anti help pay off your debt faster. The amount you owe may differ if JnterestCharged + $57.33 youNe entered into a separate payrnent agreement AvailableCredit(as of WIar. 11n2019) N/A 3000 Account Notificetions New York residents may contact the New York State Départment of Financial Servicer a comparative listing of credit to obtain card rates, Deliartment fees, and grace periods. Contact the New YoritState of Financial 1,877-226-5697 Services: or www,dis.ny.gov. Pay or htanage your secount on our snot ile app er at won mm. Customer Savice: 1400-258-9319 $ee reverse for important *±:rfr flease sendusthis pottlenofyelirstatementandonlyoneetieck(oronenioneyale0 to engineprpayinentis asswere Ah athanWeidaysWeEve 400030 Paymsñt Due Date: Past Due Account Ending in 9389 New Balance i=± Payment Due ArttountEnclosed $3,001.29 $3,001.29 $ JEFF E XkNFILIPPO 3D31. COUNTY ROUTE % FORT IDWAh NY 12828-3904 capi-tal One P.0. Box 6492 ÃŽne Carol stream, JL Ir0197-M¶2 9389 11 3001290076003001299 16 of 16