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  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
  • Cavalry Spv I, Llc v. Josh G Juchem Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff document preview
						
                                

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. 1 of 13 FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769 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 2 of 13 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 3 of 13 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 4 of 13 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 5 of 13 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 6 of 13 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. 7 of 13 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. 8 of 13 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 9 of 13 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. 10 of 13 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. 11 of 13 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 ON 050819CV1MU3FM U $4,532.56 a PBECHAR EF.S O F,EES "1 E . $4,584.12 $W CURRE EE EE 09-A r-19 $25.00 E 19-Oct-18 RUKCH4S 14-Aug-18 E O GEl .PRMATOTA11CRED ROSTCHARGE-OFf SU E _ JDD JOSHG co su AM JUCHEM M?#@ilMff É RES Ó Ú E N Û ..S O 5985 itTé AWÃRÈÏ ESSINÖ G ÁGEINDI R RN RM RN "M . RNEWADD-R_ESS 12 of 13 FILED: DUTCHESS COUNTY CLERK 01/20/2020 01:15 PM INDEX NO. 2019-54769 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/20/2020 liigEEieiEBilii gg g gggg 13 of 13