Preview
FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020
AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY
DEBT BUYER PLAINTIFF (Debt Buyer Actions)
The undersigned, being duly sworn, deposes and say:
1. I am an authorized repwseñtative of CAVALRY SPV L LLC, AS ASSIGNEE OF CITIBANK,
h, ("Plaintiff")and I have access to Plaintiff'sbooks and records ("Business Records"),
inch1Mng electronics records, relatingto the account ("Account") of Frances Erickson . The last
four digitsof the Account number are XXXXXXXXXXXX4704. In my position,I also have
personal knowicdge of Plaintiff'sprocedures for creating and maintaining itsBusiness Records,
including itsprocedures relating to the purchase and assignment of consumer credit accounts.
Plaintiff's Business Records were made in the regular course of business and itwas the regular
course of such business tomake the Business Records. The Business Records were made at or near
the time of the events recorded. Based on my knowledge of Plaintiff'sRecords, I have personal
knowledge of thefacts setforth in thisaffidavit.
2. On 10/19/2018, Plaintiffpurchased or was assigned the Account from Citibank, N.A. (the
"Purchase"). At thattime, Citibank, N.A. assigned allof itsinterestin the Account, including the
right to any proceeds from the Account, toPlaintiff. As partof the Purchase, Business Records
relatingto Account were transferred toPlaintiff. Following thePurchase, those Business Records
weæ maintained inthe ordinary course ofPlaintiff'sBusiness.
3. The complete chain of with
title, the date ofeach saleor assignment of theAccount, isas follows:
a. Citibank. N.A 10/19/2018
b.
c.
4. As ofDecember 10, 2019, Defendant owes $9,513.57 on the Account. This amount includes the
charge-off balance of $9,700.96, post-charge-off interestof $0.00, and post-charge-off feesand
charges of $0.00, less post-charge-off creditsor payments made by or on behalf of Defendant of
$187.39.
WHEREFORE, depoñent demands judgment against Defendant for $9,513.57, together with the costsand
disbursements of thisaction.
'
The above stat ments are trueand correct to thebest of owledge of Plain b ess records.
Dated:
Sworn
of
tobefore me
20
this1 day
.
DANIEL D VELEZ
Notary Pu ic Notary Public. State of New York
Registration #01VE6314317
Qualified In Bronx County
Comrnission Expires Nov.3, 2022
*AF0004251084*
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FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020
Contract ID: CV8MUMAA082217
Das::=e=t ID: CV8MUMAA042518C15
Document I D:100818CV1MU3FMB1
BILL OF SALE AND ASSIGNMENT
THIS BILL OF SALE AND ASSIGNMENT dated October 19, 2013, is by Citibank, N.A., a
national banking associadon organized under the laws of the United States, located at 701 East
60*
Street North, Sioux Falls,SD 57117 (the "Bank") to Cavalry SPV I,LLC, organized under the
laws of the State of Delaware, with itsheadquarters/principal place of business at 500 Summil
1.ake Drive, Suite 400, Valhalla, NY 10595 ("Buyer").
For value received and subject to the terms and ceñdid::3 Of the MaSter Purchase and Sale
Agreement dated August 22, 2017 and Addendum No. 15 dated April 25, 2018, between Buyer
and the Bank (the "Agreement"), the Bank does he eby 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 final electronic file.
Citibank, NA.
..
By:
]Signatu
Sean M. Cooney.SV P
Name:
11500 NW Ambassador Drive, 910, 400
Kansas ch,MO 84153
Title:
Cavalry 082217
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FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020
CbntractID: CV8MUMAA082217
Document ID: CV8MUMAA042518C15
Document ID: 190818CV1MU3FMA1
Exhibit 1
The it.dividüñI Amunts transferred are described in the final electronic fileand delivered
by the Bank to Buyer, the same deemed attachad hereto by this reference.
. .
# of
Lot .. Sale ID Accounts Sale Balans Cut-Off Date
13rands 150818CV1MU3FM 10f08/2018
Fresh Flow
ownhy 082217
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FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020
Exhibit 1 0908 Purchase Date:10/19/2018
ACCOUNT NUMBER d704
SALE AMOUNT $9,513.57
ACCOUNT OPEN DATE 05-Jan-13
LAST PAYMENT DATE 24-Jan-18
CONSUMER FIRST AND MIDDLE NAME FRANCES
CONSUMER LAST NAME ERICKSON
CONSUMER RESIUETTÖE ADDRESS 1 905 NW 56TH TER
CONSUMER RESIDENCE ADDRESS 2 # B
CONSUMER RESIDENCE CITY GAINESVILLE
CONSUMER STATE FL
CONSUMER ZIP CODE 326050000
SIN'
CONSUMER SSN OR XXXXX4837
PRIOR ACCOUNT NUMBER 1
*inferrñationdisplayed has been redacted forconsumer privacy
4 of 4
Preview
FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020 AFFIDAVIT OF FACTS AND PURCHASE OF ACCOUNT BY DEBT BUYER PLAINTIFF (Debt Buyer Actions) The undersigned, being duly sworn, deposes and say: 1. I am an authorized repwseñtative of CAVALRY SPV L LLC, AS ASSIGNEE OF CITIBANK, h, ("Plaintiff")and I have access to Plaintiff'sbooks and records ("Business Records"), inch1Mng electronics records, relatingto the account ("Account") of Frances Erickson . The last four digitsof the Account number are XXXXXXXXXXXX4704. In my position,I also have personal knowicdge of Plaintiff'sprocedures for creating and maintaining itsBusiness Records, including itsprocedures relating to the purchase and assignment of consumer credit accounts. Plaintiff's Business Records were made in the regular course of business and itwas the regular course of such business tomake the Business Records. The Business Records were made at or near the time of the events recorded. Based on my knowledge of Plaintiff'sRecords, I have personal knowledge of thefacts setforth in thisaffidavit. 2. On 10/19/2018, Plaintiffpurchased or was assigned the Account from Citibank, N.A. (the "Purchase"). At thattime, Citibank, N.A. assigned allof itsinterestin the Account, including the right to any proceeds from the Account, toPlaintiff. As partof the Purchase, Business Records relatingto Account were transferred toPlaintiff. Following thePurchase, those Business Records weæ maintained inthe ordinary course ofPlaintiff'sBusiness. 3. The complete chain of with title, the date ofeach saleor assignment of theAccount, isas follows: a. Citibank. N.A 10/19/2018 b. c. 4. As ofDecember 10, 2019, Defendant owes $9,513.57 on the Account. This amount includes the charge-off balance of $9,700.96, post-charge-off interestof $0.00, and post-charge-off feesand charges of $0.00, less post-charge-off creditsor payments made by or on behalf of Defendant of $187.39. WHEREFORE, depoñent demands judgment against Defendant for $9,513.57, together with the costsand disbursements of thisaction. ' The above stat ments are trueand correct to thebest of owledge of Plain b ess records. Dated: Sworn of tobefore me 20 this1 day . DANIEL D VELEZ Notary Pu ic Notary Public. State of New York Registration #01VE6314317 Qualified In Bronx County Comrnission Expires Nov.3, 2022 *AF0004251084* 1 of 4 FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020 Contract ID: CV8MUMAA082217 Das::=e=t ID: CV8MUMAA042518C15 Document I D:100818CV1MU3FMB1 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT dated October 19, 2013, is by Citibank, N.A., a national banking associadon organized under the laws of the United States, located at 701 East 60* Street North, Sioux Falls,SD 57117 (the "Bank") to Cavalry SPV I,LLC, organized under the laws of the State of Delaware, with itsheadquarters/principal place of business at 500 Summil 1.ake Drive, Suite 400, Valhalla, NY 10595 ("Buyer"). For value received and subject to the terms and ceñdid::3 Of the MaSter Purchase and Sale Agreement dated August 22, 2017 and Addendum No. 15 dated April 25, 2018, between Buyer and the Bank (the "Agreement"), the Bank does he eby 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 final electronic file. Citibank, NA. .. By: ]Signatu Sean M. Cooney.SV P Name: 11500 NW Ambassador Drive, 910, 400 Kansas ch,MO 84153 Title: Cavalry 082217 2 of 4 FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020 CbntractID: CV8MUMAA082217 Document ID: CV8MUMAA042518C15 Document ID: 190818CV1MU3FMA1 Exhibit 1 The it.dividüñI Amunts transferred are described in the final electronic fileand delivered by the Bank to Buyer, the same deemed attachad hereto by this reference. . . # of Lot .. Sale ID Accounts Sale Balans Cut-Off Date 13rands 150818CV1MU3FM 10f08/2018 Fresh Flow ownhy 082217 3 of 4 FILED: YATES COUNTY CLERK 02/19/2020 12:37 PM INDEX NO. 20195103 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 02/19/2020 Exhibit 1 0908 Purchase Date:10/19/2018 ACCOUNT NUMBER d704 SALE AMOUNT $9,513.57 ACCOUNT OPEN DATE 05-Jan-13 LAST PAYMENT DATE 24-Jan-18 CONSUMER FIRST AND MIDDLE NAME FRANCES CONSUMER LAST NAME ERICKSON CONSUMER RESIUETTÖE ADDRESS 1 905 NW 56TH TER CONSUMER RESIDENCE ADDRESS 2 # B CONSUMER RESIDENCE CITY GAINESVILLE CONSUMER STATE FL CONSUMER ZIP CODE 326050000 SIN' CONSUMER SSN OR XXXXX4837 PRIOR ACCOUNT NUMBER 1 *inferrñationdisplayed has been redacted forconsumer privacy 4 of 4