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FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SARATOGA
INDEX NUMBER:
TD BANK USA, N.A. EF20221945
PLAINTIFF, FILE NO. F062394
-AGAINST-
MELISSA M CONYERS AFFIDAVIT OF
DEFENDANT(S). FACTS
STATE OF MINNESOTA )
ss:
COUNTY OF HENNEPIN )
n , being duly sworn, deposes and says that:
1. I, a am an employee of Target Enterprise, Inc.
the exclusive servicer and custodian of business records of Target-
("Servicer"),
branded credit card accounts owned by Plaintiff TD Bank USA, N.A. ("Plaintiff"),
and I have access to Plaintiffs books and records ("Business Records"), including
electronic records, relating to the account ("Account") of MELISSA M CONYERS
("Defendant"). The lastfour digits of the Account number are 9048. In my
position, I have personal knowledge of the procedures for creating and maintaining
Plaintiffs Business Records. Plaintiff s 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 Plaintiff s Business Records, I have personal
knowledge of the facts set forth in this affidavit.
2. Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has
authorized Servicer to service and maintain the Business Records relating to the
Account, along with giving testimony and executing affidavits, declarations, and
certifications on behalf of Plaintiff regarding the Account.
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FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022
3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant
agreed to pay Plaintiff for all goods, services and cash advances provided pursuant
to the Agreement. The amount of the lastpayment made by Defendant was
$217.00, made on November 19, 2021. Defendant is now in default and demand
for payment has been made. A true and correct copy of the Agreement or document
(s) evidencing the Agreement is/are attached as an exhibit to this affidavit.
4. I have personal knowledge of Plaintiffs procedures for generating and mailing
account statements to customers. It isthe regular practice of Plaintiffs business to
provide periodic account statements to itscustomers. On or about June 14, 2022,
Plaintiff sent one or more account statements relating to the Account to Defendant
stating the amount due as $1,242.49. The account statement(s) were mailed to
Defendant's last known address and Plaintiffs records do not reflect that the
statement(s) were returned by the post office or that the Defendant objected to
them. A true and correct copy of the fina>account statement(s) is attached as an
exhibit to thisaffidavit.
5. At this time, Defendant owes $1,242.49 on the Account. This amount includes a
charge-off balance of $1,242.49, post-charge-off interest of $0.00, post-charge-off
fees and charges of $0.00, less any post-charge-off credits or payments made by or
on behalf of the Defendant of $0.00.
6. As set forth in New York CPLR Article 50, the interest rate applicable to the
Account pursuant to section five thousand four of this chapter applies.
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FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022
Wherefore, deponent demands judgment against Defendant for $1,242.49, together
with the costs and disbursements of this action.
The above statements are true and correct to the best of my personal knowledge.
-
Date: /Ó 'Ç / Z
Affia
Affiant Name
acknowledged before me this of ut 14
Signed, sworn to and day
2022
otary Public
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FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022
TD BANK USA, N.A. Account Itemization
Account Number Ending in 9048
Original Creditor TD BANK USA, N.A.
Borrowers Full Name MELISSA M CONYERS
Balance Due printed on the most recent monthly
statement reflecting charge/payment/balance transfer
Last 4 digits of Account number printed on the most
recent monthly statement reflecting C)fl
charge/payment/balance transfer
" *
Last Payment Date / / / 2,//
Last Payment Amount $ 2.4 7, db
Charge Off Date 6 " /#"
22_
Charge Off Balance $
/ 2, 4 2. 4 /
Total Post Charge Off Interest $0.00
Total Post Charge Off Charges $0.00
Total Post Charge Off Fees $0.00
Total Post Charge Off Credits $ 6).
Current Balance $ (-/2 L./4
Outstanding / 7
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FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022
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 Por Chang, 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 my signature, this day of
Sep ec2022.
Attomey at Law, State of Minnesota
Document #: 960516
Version:v3
5 of 5
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FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SARATOGA INDEX NUMBER: TD BANK USA, N.A. EF20221945 PLAINTIFF, FILE NO. F062394 -AGAINST- MELISSA M CONYERS AFFIDAVIT OF DEFENDANT(S). FACTS STATE OF MINNESOTA ) ss: COUNTY OF HENNEPIN ) n , being duly sworn, deposes and says that: 1. I, a am an employee of Target Enterprise, Inc. the exclusive servicer and custodian of business records of Target- ("Servicer"), branded credit card accounts owned by Plaintiff TD Bank USA, N.A. ("Plaintiff"), and I have access to Plaintiffs books and records ("Business Records"), including electronic records, relating to the account ("Account") of MELISSA M CONYERS ("Defendant"). The lastfour digits of the Account number are 9048. In my position, I have personal knowledge of the procedures for creating and maintaining Plaintiffs Business Records. Plaintiff s 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 Plaintiff s Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. 1 of 5 FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022 3. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the Agreement. The amount of the lastpayment made by Defendant was $217.00, made on November 19, 2021. Defendant is now in default and demand for payment has been made. A true and correct copy of the Agreement or document (s) evidencing the Agreement is/are attached as an exhibit to this affidavit. 4. I have personal knowledge of Plaintiffs procedures for generating and mailing account statements to customers. It isthe regular practice of Plaintiffs business to provide periodic account statements to itscustomers. On or about June 14, 2022, Plaintiff sent one or more account statements relating to the Account to Defendant stating the amount due as $1,242.49. The account statement(s) were mailed to Defendant's last known address and Plaintiffs records do not reflect that the statement(s) were returned by the post office or that the Defendant objected to them. A true and correct copy of the fina>account statement(s) is attached as an exhibit to thisaffidavit. 5. At this time, Defendant owes $1,242.49 on the Account. This amount includes a charge-off balance of $1,242.49, post-charge-off interest of $0.00, post-charge-off fees and charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. 6. As set forth in New York CPLR Article 50, the interest rate applicable to the Account pursuant to section five thousand four of this chapter applies. 2 of 5 FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022 Wherefore, deponent demands judgment against Defendant for $1,242.49, together with the costs and disbursements of this action. The above statements are true and correct to the best of my personal knowledge. - Date: /Ó 'Ç / Z Affia Affiant Name acknowledged before me this of ut 14 Signed, sworn to and day 2022 otary Public 3 of 5 FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022 TD BANK USA, N.A. Account Itemization Account Number Ending in 9048 Original Creditor TD BANK USA, N.A. Borrowers Full Name MELISSA M CONYERS Balance Due printed on the most recent monthly statement reflecting charge/payment/balance transfer Last 4 digits of Account number printed on the most recent monthly statement reflecting C)fl charge/payment/balance transfer " * Last Payment Date / / / 2,// Last Payment Amount $ 2.4 7, db Charge Off Date 6 " /#" 22_ Charge Off Balance $ / 2, 4 2. 4 / Total Post Charge Off Interest $0.00 Total Post Charge Off Charges $0.00 Total Post Charge Off Fees $0.00 Total Post Charge Off Credits $ 6). Current Balance $ (-/2 L./4 Outstanding / 7 4 of 5 FILED: SARATOGA COUNTY CLERK 11/28/2022 12:35 PM INDEX NO. EF20221945 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/28/2022 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 Por Chang, 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 my signature, this day of Sep ec2022. Attomey at Law, State of Minnesota Document #: 960516 Version:v3 5 of 5