Preview
FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A.
(Debt Buyer Actions)
STATE OF MISSOURI )
) sS.
COUNTY OF PLATTE )
Account Holder: JOSH G JUCHEM Account #: ending in 3070
SSN/EIN/TIN #: xxx-xx-5985
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Citibank, N.A. ("Cidbank"), an Original Creditor as defined in
Section 202.27-a of the New York Uniform Civil Rules for The Supreme Court and The
County Court, and I have personal knowicdge of and access to Citibank's books and records
("Business Records"), including electronic records, relating to a pool of charged-off censumer
credit accounts sold or assigned by Citibank to Cavalry SPV I,LLC ("Debt Buyer"), on
05/17/2019 (the"Sale"), which included the account 3070 ("Account") of the cenaumer JOSH
O JUCHEM ("Consumer") identified in the exhibits attached hereto and incorporated herein.
As part of the Sale, Citibank assigned allof its interest in the Account, including the right to
any proceeds from the Accuüñts, to Debt Buyer, and Citibank transferred business records
relating to the Account to Debt Buyer. A true and correct copy of the billof sale which
pertair,a to the Account is attached as an exhibit to thisaffidavit.
2. In my position, I also have personal knowicdge of Citibank's procedures for creating
and maintaining Citibank's business records pertaining to the Account ("Business Records"),
including Citibank's procedures relatingto the sale and assignment of consumer credit
accounts. Citibank's Busines 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 Citibank's
Business Records, I have personal knowledge of the factsset forth in this affidavit
3. Citibank and Consumer were parties to a credit agreement ("Agreement"), the terms of
which are reflected in the last st=tement sent to Consumer Citibani prior to charge-
billing by
off, which is attached hereto as an exhibit. Consumer agreed to pay Citibank for allgoods,
services and cash advãñcca provided pursuant to the Agreement. The date and the amount of
the lastpayment, ifany, 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 Citibank. A
true and correct copy of the Agreement isanached as an exhibit to this affidavit.
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
4. At the time of the Consumer owed the amount set forth in the exhibite attached
Sale,
hereto and made n part hereof, which exhibits may also show the name of Centume-; the last
four digits of the Account number, the date and amaunt of the charge-off ha!ance; the date and
amount of the lastpaym;nt, ifany; the total amounts, ifapplicable, of any post-charge-off
interest and post-charge-off fees and charges; any post-charge-off credits or paymcats made by
or on behalf of Consumer; and the balance due atthe time of the Sale. The above statemcats
are true and correct to the best of my personal knowledge.
I scicmaly affirm under the penalties of perjury and upon personal knowledge thatthe ccatcñts
of the foregoing paper are true.
EXECUTED on , 20 .
Signature
Christina Robinette
Name
STATE OF MISSOURI )
) as.
COUNTY OF PLATTE )
Subscribed and sworn to before me by ChristliisRobinette this day
of , 20 .
[SEAL]
CAROLYN E. HUGHES
- Notmy Seal
. Notary Putdic
Notary Public state Jackson
of Missouri, County
Ó!c E p an 20i|2
, , My Co
My comms.non expires:
Personally known ___OR
Produced identification
Type of identification produced:
Ct6 EmptayeeBadge
2
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
CERTIFICATE OF CONFORMITY
I, Kimberly Myers, an attomey-at-law of the State of Missouri who is licensed to
practice law in the State of Missouri and is fully acquainted with the laws of the State of
Missouri pertaining to the acknowledgement or proof of deeds of real property to be recorded
therein, do hereby certify that Iam 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
acknowledgement or proof upon the foregoing document was taken by Carolyn E. Hughes,
a notary public in the State of Missouri, in the manner prescribed by the laws of the State of
Missouri and conforms to the laws thereof in allrespects.
IN WITNESS WHEREOF, I have hereunto set my signature, this N dayof^o st,
2019.
Missouri Bar #71092
Kimberly Myers
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
Contract ID:CV8MUMAAO21819
Document (D: CV8MUMAA022119C2
Document ID:050819CVIMU3FMBl
BILI,, OF SALFe AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT dated May 17,2019, is by Citibank, N.A., a national
organized under the laws United located 60*
hanking association of the States, at 701 East Street
North, Sioux Falls, SD 57117 (the "Bank") to Cavalry SPV 1, LLC, organized under the laws of
the State of Delaware, with hs headquarters/principal place of business at 500 Se=R Lake Drive,
Suite 400, Valhalla, NY 10595 ("Buyer").
For value received and subject to the terms and conditions of the Master Purchase and Sale
Agreement dated Febmary 18, 2019 and Addendum No. 2 dated February 21, 2019, between
Buyer and the Bank (the "Agreement"), the Bank does hereby transfer,sell,assign, convey, grant,
bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts
described in Exhibit 1 to the Addendum and the finalelectronic file.
Citibank, N.A.
By:
(Si ture)
Name:
Title: Authorized Party .
Cavahy02I819
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
Contract ID:CV8MUMAA021819
Document ID: CV8MUMAAO22119C2
Documeta ID:050819CVIMU3FMAl
Exhibit 1
The ir.div:dad Accounts transferred are described in the final electronic &le and delivered
by the Bank to Buyer, the same deemed attached hereto by this reference.
# of
Lot ale ID Sate Balance Cut-Off Date
5/08/2019
h Flow
Cavahy021HI9
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
Citi® Preferred®
Diamond Card
JOSH G JUCHEM www.citicards.com
Member Since 2016 Accountnumber endingin·3070 Customer service1-800•823-4086
PedüiG3/12/19-04/09/19
Billing TTY-hearinglmpaired services
only 1-800-325-2865
BOX 6500 SIOUX FALLS, SD 57117
Your account ispast due. Please pay at
APRIL STATEMENT
leastthe minimum payment due, which
M!n!mum payment due: $4,584.12
includes a pastdue amount of $854.81 and
New balance as of 04/09/19: $4,584.12
an overtimitamount of $584.12.
Payment due date: 05/07/19
See the backI this M=cs: Information
tor Important about how to avoid Account Summary
paying interes
on püiff1ases.
Previous balance $4,532.56
Payments -$0.00
Late Payment Warning:If your
we do not receive minimum payment by the Credits -$0,00
date listed
above,you may have to pay a late
fee of up to $35
and yourAPRs Purchases +$0.00
may be Increasedup to thePenaltyAPR of 29.99‰ Cash advances +$0.00
Mk:!mum Payment Warning:lfyou make onl the minimum pa ment each Fees +$O.00
period,you wIll pay more and it wi l take
in interest you longera pay off your Interest +$51.56
balance.For example:
New balance $4,584.12
If you make no additional You will y off the And you will end up
chargesusing this card balance s own on this aylng an estimated
and each month you pay... statemen In about.. otalof.., Credit Limit
Creditlimit $4,000
Only the rninimum payment i month(s) $4,584 Includes $600
cash advance limit
about credit counseling services. call1•877-337-8188New York
Tor information
contact the New York State Bankin
residents ma Department to obtain a comparative
It card rates, fees and grace perlods
listing of cre y calilog I-877•226-5697,
, . . . citi
Savings
Spotlight
Your Diamond PreferredLifetime Savings:
$373.01
See page 3.to view your
Savings Summary.
pay yourbillfrom anywhere
virtually hg‡ñlmum payment due $4,584.12
withthe C1tl Mobil#
App and CItP Online
New balance $4,584.12
To download:
Text 'App15' to MycitH692484) Payment due date 05/07/19
or go to your device'sapp store.
or visit www.citicards.corn
Amount enclosed:
000000 MC 32 A 0 Account number ending in 3070
JOSH G JUCHEM CITI CARDS
6 CORNELL AVE PO Box 70166
RED HOOK NY 12571-1004 PA19176•O166
Philadelphia
15009 0458412 0458412 0002500 3070 0715
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
www.citicardscom Customer Service1-600-823-4086 Page 2 of 3
TTY-hearing-impairedservicesonly1·B00-325-2865
JOSH G JUCHEM
Account Summary
Trans. Post
...-..Descron nlo t
.2®..-......Y.
Fees charged SavingS Spotlight
so.co Citl® Diamond Preferred®
Totalfees chargedIn this period
billing Your
Savings Summary
Interest charged Citl Preferred
Diamond
.......-.......A
o
..-..-. . . ...-.-..~..-....
04/09 INTEREST CHARGEDTO STANDARD PURCH S51.56 8 Interest: $373,01 >
TotalInterest
charged In this period
billing $51.56
2019 totals year-to-date
Total es changed In 2019 $ 05 00
.. ....
TotalInterestcharged in 2019 $205.46 ·
,
Interest charge calculation caysin bllilng cycle: 29
vour AnnualPercentage Reta (APRHsthe annuallnterest rate on your account.
..............-..........,-.....-.............-....-.......-.--............--.._.
.. ......
Annual percents e Elalance subject
..t e ate n e es rata interestcharge
. .®...
.P,t AS
___Standard Purch 42 ) S 57.40(() $51 6
ADVANCES
StandardAdv 2749% (V) $0.00(D) $0.00
Your Annual Percentage Rate (APR) Is the animal laterest rate on your GCCount.APRs followed
by (V) may vary.Balances followed by (D) are ddrir.Ined
by the daily balance method
±±g current transactions). '
'See Accou Messageis
for more information about
Account messages Savings Spotilght
SAVINGS SPOTLIGHT DETAILS
INTEREST: If youhave promotional balances on your account, we have
estimated your savings. Thissavings Is thedif ference
between the Interest
that was assessed against thepromotional balances usingthe promotional
APRs and the estimated interestthatwould have been assessed against these
same balances using theEnhanced Purchase APRs. This savingsamount does
not include any balance transferfees.This savingsis from your period
billing
covered bythisstatement.
CITIEA5Y DEALS: If youmade a urchase on CitiEasy Deals,your savings is
the differencebetween the retaipriceand the priceyou paid.ThIssavings is
from the priorcalendar month.
CITIPRICE REWIND: If youreceived a Citi
PriceRewind refund,savings is the
refunded amount. Thissavings is from thepriorcalendar month
CITIDIAMOND PREFERRED LIFETIME SAVING5: The savings from interest,Citi
Deals and CitiPriceRewind since you became a Citi
Diamond Preferred
Easy savings
car-member. This amount does notinclude any balance transfer fees.
Please note thatifwe receivedyour pay by phone oronline payment between
5 p.m.ET and midni ht ET on thelastday of your period,
billing your payment
willnot be reflecte untilyour next statement.
If weneed tocontact you about your account, our records show your phone
number(s) as 518-943-2152 (home), 845-853•6323 (mobile).If this
information
isn'tcorrector you wish to add a number, pleasecallthe customer service
number on the back ofyour card or update it online
at www.citicards.com.
Please be sure topa on time.11you submit your payment by we
mail, su gest
you mail itno latert an 04/30/2019 toallow enough time forregularma I to
reach us.
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
www.citicards.com Customer Service1-G00-523-4086 Page 3 of 3
TTY-hearing-impairadservices
only Pe00-325-2865
JOSH G JUCHEM
©2010 Citibank,N.A.
Citi
Citi, with Arc Design areregistered service marks of C|tigrüüpInc.
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
JOSH G JUCHEM www.citicards.com
Member Since 2016Account nurnberendingIn:3070 Customer Service1-800-823-4086
Period:02/12/19-03/11/19
BIlling TTY hesring·!mpa!redservices
only 1•B00-325-2865
BOX 6500 sl0UX FALLS, SD 57117
Your account Is pastdue. Please pay at
MARCH STATEMENT eastthe ==±= payment due, which
M!n!mum payment clue: S1,387.37 amount of and
includes a pastdue $725.96
New balance as of 03/11/19: $4,532.56
an overlimitamount of $532.56.
Payment due date: 04/07/19
nbac f e about how toavoid
t torimportantinformation Account Summary
Previous balance $4,448,71
Paymaigis •$0.00
Late Payment Warning:1fwe do not receive
yourminimum payment by the Credits -$0.00
date listed
above,you may have fee of up 10 $35 and your
to pay a late APRS Purchases +$0.00
may be increased APR of 29.99%•
up to the Penalty Cash advances +$0.00
Fees +$35.00
Minimum Payment Warning:lfyou make onlythe ±Num payment each
you will take you
and It witi longer to pay off your Interest +$48.85
period, pay more in interest
balance.For example: New balance $4,532.56
II you make no additional You will pay off the And you will end up
chargesusing this card balance shown on this aylngan estimated
you pay- statementin about... otal of... Credit Limit
and each month
Creditlimit $4,000
Only the minimumpayment 14 year(s) $7,460 Includes 5600 cash advance Ilm1t
services cali l-877-337-81saNew York
For Information about credit counselln
residents ma Department to obtain a comparallve
contact the New York State Banklb
of
listingcre It
card fees
rates, andgraceporlodsy calling t¬877-226-5697.
._..
6. - -- . CIll
Savings
Spotlight
Your Diamond Preferred LifetimeSavings:
See page 3 to view your
Savings Summary.
Pay yourbHI from anywhere
virtually M!n!mum payment due $1,387.37
withthe CitIMobil#App and CitPonline
New balance $4,532.56
To download·
Text SApplSto Mycltl 1692484) Payment due date 04/07/19
or go to your deylce's app store.
Or visit www.cNicards.com
Amount enclosed:
Account number ending in3070
o00000 MC 32 A 0
CITI CARDS
JOSH G JUCHEM
PO Box 70166
6 CORNELL AVE
1257M004 Philadelphia
PA 19176-0166
RED HOOK NY
150D'I 0138737 O 453251a 0002500 3070 O?17
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
www.citicards.com Customer Service 1-800-823-4086 Page 2 of 3
TTY-h=|ng |mpalredservicesonly I-800-325-2865
JOSH G JUGHEM
, . .. ...citi
Account Summary mi
Trans. Post
date date Description Amount
Fees charged Savings Spotlight
Citi® Diamond Preferred®
Date Description Amount Your
"""""Giii""iCEEs PAST DUE Savings Summary
õif
Totalfees chargedin this perlod
blIllng $35.o0 CitiDian ond Preferred
Lifetime Savings
Interest charged a interest: $373.01
Date Descriptlan Amount
03/11 INTERESTCHARGEDTO STANDARD PURCH $48,85
Totalinterestcharged In this period
billing $48.85
2019 totals year-to-date
Totalfees chargedin 2019 $105.00
Totalinterest
charged In 2019 $153,90
IntereSt charge calculation cycle:2s
caysintalling n
YourAnnual Parcentage Rate (APR)ls theannual Interest rate on your account.
...............................
...-,-,...............-.,----...--.-.,-....................-........
Annual percenta e Balancesub]ect
Balance type rate(AP ) to rate
Interest Interest
charge
StandardPurch 14.24% (V) $4.472.22(D) $48.85
ADVANCES
StandardAdv 27.49% (V) $000(D) So.00 . . .
See Account Messages
Your Annual Percentage Rate (APR) is the annualinterest
rate on your account. APBs followed for more Int~'meMon abOUt
by (V) may vary.Balances followed by (D) are determined by the daily balance method Savings Spotlight
Oncluding current transactions).
Account messages
SAVING5 SPOTLIGHT DETAILS
INTEREST: If youhave promet!onol balances on your account, we have
estimated your savings.This savings is the
difference between the interest
that was assessed against thepromoticnal balances using the promotional
APRs and the estimated interestthatwould have been assessed against these
same balances using theEnhanced Purchase APRs Thissavings amount does
not includeany balance transfer fees.Thissavings is from yourbillingperiod
covered by thisstatement.
CITI EA5Y DEALS: If youmade a purchaseon Citi
Easy Deals,your savings is
the differencebetween the price
retail and the priceyou paid.This savingsis
from the priorcalendar month.
CITI PRICE REWIND: If youreceiveda CitiPriceRewind refund,savings is the
refunded amount. Thissavings is fromthe priorcalendar month.
CITIDIAMOND PREFERRED LIFETIME SAVINGS: The savings from interest,Citi
Easy Deals and CitiPriceRewind sinceyou became DL-:mend
a Citi Preferred
cardmember. This savings amount does notinclude any balance transferfees.
Please note thatif we receivedyour pay by phone oronline payment betweêri
5 p.m.ET and midnight ET on thelastday of your period,
billing your payment
willnot be reflecteduntilyour nextstatement.
Please be sure topay on time. If you
submit your payment we
by mail, suggest
you mail itno laterthan 03/31/2019 toallow enough time forregular mailto
reach us.
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
*
www.citicards.com Customer service 300-623-4086 Page 3 of 3
TTY-hearing-impairedservices
only t•800-325•2865
JoSH G JUCHEM
©2018 Citibank,N.A.
CitI
Citi, with Arc Design areregistered service marks of CitigroupInc.
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
LENW UMBER 3070
tes
PRODUGTgl El
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FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020
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