Preview
FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF YATES
COUNTY OF YATES
CiTIBANK, N.A. )
) INDEX NO.: 2021-5137
Plaintiff, )
vs.
) Case No.
STEPHANIE L HARPER
Defendant. )
AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
STATE OF KENTUCKY )
) ss.
COUNTYOFBOONE )
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Citibank, N.A. ("Citibank"),and I have personal knowledge of and access to Citibank's books and
records ("Business Records"), including electróñic records, relatingto the account of STEPHANIE L HARPER
("Account"). The last4 digitsof the account number are 4196. Inmy position, I have persóña| know!edge of Citibank's
procedures formaking and maintaining itsBusiness Records. Business
Plaintiff's records were rnade inthe regular
course of business and it wasthe regular course ofbusiness to make the Business Records. The Business Records
were made ator near the time of the events recorded. Based upon my review of the Plaintiff's
Business Records, I have
personal knowledge of the facts set forthwithin thisaffidavit.
2. Citibank and Defendant entered intoa credit agreement ("Agreement"), the terms of which Agreement are ref!ected in the
periodic statements delivered to Defendant by Citibank. Defendant agreed to pay Citibank for allgoods and services [and
cash advances] provided pursuant to the Agreement. The amount of the lastpayment, if any,made by Defeñdant was
$75.00, made on 8/10/2020. Defeñdâñt isnow in default and demand forpayment has been made. A true and correct
copy ofthe charge-off statement is attached as Exhibit A to thisaffidavit.
3. I have personal knowledge of Plaintiff's
procedures for generating and providing account statements to customers. Itis
the regular practice of Plaintiffsbusiness to provide periodic account statements to itscustomers. On or about
03/11/2021, Plaiñtiffsent or otherwise made available one or more account statements relating tothe Account to
Defendant stating the amount due as $4,633.74. A true and correct copy of the finalaccount statement(s) isattached as
an exhibit to thisaffidavit.
4. At this Defendant owes $4,633.74 on the Account. This amount includes a charge-off balance of$4,633.74, post-
time,
charge-off interestof $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.
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FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021
WHEREFORE, Depeñ÷ñt demands judgment againstDefendant for$4,633.74, (plusinterestfrom N/A, if app"cab!÷),
togetherwith
the costsand disbursements of thisaction.
I sclerññ|y
affirm under the of
péñâ|ties perjuryand upon personal knowledge thatthe contentsof thefaregaing paper are true.
EXECUTED on O , 202\ .
Signature
Joseph Girbed
Name
STATE OF KENTUCKY )
) ss.
coUNTY OF BOONE )
Subscribed and sworn tobefore me by this day of . ,20ÊÓ
[SEAL]
Notary Public October 2021
22,
My corarñ|ssion expires: Kathleen Daugherty
Notary Public,ID No. 588148
State at Large,
Personally known OR Kentucky
My Commission Expires October22,2021
Produced identification
Type of produced:
identification
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FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021
CERTIFICATE OF CONFORMITY
I,Kyle Michael, an attorney-at-law of the State of Kentucky who is licensed to practice law in the State of
Kentucky and is fully acquainted with the laws of the State of Kentucky pertaining to the acknowledgemcñt or
proof of deeds of realproperty to be recorded therein, do hereby certifythat 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 acknow1cdgemcñt or proof upon the foregoing document was taken by Kathleen
Daughcity, notary public in the State of Kentucky, in the manner prescribed by the laws of the State of
Kentucky and conforms to the laws thereof in allrespects.
IN WITNESS WHEREOF, I have hereunto set signature, this 13th day
of July, 2021.
Kyle Michael
Kentucky Bar #97520
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FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021
STEPHANIE L HARPER www.citicards.com
Member Since 2019 Account number ending in: 4196 Customer Service 1-800-846-8444
Period:02/12/21-03/11/21
Billing TTY-hearing-impaired servicesonly1-800-325-2865
BOX 6500 SIOUX FALLS, SD 57117
Account Summary
MARCH STATEMENT
Previous balance $4,579.90
Minimum payment due: $4,633.74
Payments -$0.00
New balance as of 03/11/21: $4,633.74
Credits -$0.00
Payment due date: 03/11/21
for
la.st p.a e of this statement about how to Purchases +$0.00
See.the important information
avoidpaying on purchases·
in erest Cash advances +$0.00
Fees +$0.00
Interest +$53.84
$4,633.74
"!n!=== Payment Warning:lfyou make only theminimum payment each
period,you willpay more in interest
and take
it will you longer topay offyour
balance.For example: Credit Limit
If youmake no edd!t!::! You willpay offthe And you will
end up Creditlimit $4,500
charges usingthiscard balance shown on this ayingan octimatocl Includes $1,400
cash advancelimit
and each month you pay... statement in about... otalof...
Only theminimum payment 1 month(s) $4,634
about credit counseling services, call 1-877-337-8188.
For information
C
re
Savings
Spotlight
Your Citi Simplicity Lifetime Savings:
$854.08
See page 3 to view your
Savings Summary.
For Payments, send check to:CITICARDS, PO Box 70166, PhiladelphiaPA, 19176-0166
Pay onlinewww.citicards.com
Minimum payment due $4,633.74
O Pay by phone 1-800-846-8444
New balance $4,633.74
Payment due date 03/11/21
Pay by mall Use this coupon
• Enclosea valid checkor moneyorder payable
to Crfl CARDS.Nocashor foreign currency.
Amount enclosed:
• Write the last four digits of your
accountnumberon your check,
Account number ending in 4196
000000 MC 34 A O
Please make check payable to CITI CARDS.
STEPHANIE L HARPER CITI CARDS
789 LOVEJOY RD PO Box 70166
PENN YAN NY 14527-9128 PhiladelphiaPA 19176-0166
EXHIBIT A
15009 0463374 O463374 0007500 41% 0902
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FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021
www.citicards.com Customer Service 1-800-846-8444 Page 2 of 2
TTY-hearing-impaired servicesonly1-800-325-2865
STEPHANIE L HARPER
Cili
Account Summary re
Trans. Post
date date Description Amount
................................................--................................................................................-..............-.....
Fees charged Saving5 Spotlight
Simplicity*
Totalfees charged in this period
billing $o.oo Your Citi
Savings Summary
Interest charged From This Billing Period:
Date Description Amount I No Late Fce: $35.00
......................................................................................................................................................
03/11 INTEREST CHARGED TO STANDARD PURCH $53.84
Totalinterestcharged in this period
billing $53.84
-----------------------------
2021 totals year-to-date
Total feescharged in 2021 $0.00
.....................................................................................................................................................
Total interestcharged in2021 $135.31
nÏeÑST cha c cuiation Âys bilingcy e 28
Your Annual Percentage Rate (APR)is the annual interest rate on your account.
......................................................................................................................................................
Annual percenta Balance su ect
Balance type rate (AP ) to interestate Interestcharge
P C SES
Standard Purch 15.24% (V) $4,605.81(D) $53.84
...................................................................................................................................................
ADyANCES ___
Standard Adv 15 24% V O D $0
Your AnnualPercentage Rate (APR) is the annual interest
rate on your account. APRs followed
by the daily balance method
by (D) are determined
by (V) may vary. Balances followed
transactions).
current
(including See Account Messages
for more information about
Account messages savings spotlight
SAVINGS SPOTLIGHT DETAILS
INTEREST: If youhave promotional balances on your account, we have
estimated your savings. This savings is thedifference between the interest
that was assessed against the promotional balances using the promotional
APRs and theestimated interest thatwould have been assessed against these
same balances using the Enhanced Purchase APRs. Thissavings amount does
not include any balance transfer fees.This savings is from your billingperiod
covered by thisstatement.
NO LATE FEE: Savings on late fee is determined by reviewing your payments
and calculating what your latefee would have been on your card without this
benefit. If youpaid lateprior toMay 2014, savings on late fee is determined by
using a $15 latefee (ifyour minimum payment due was lessthan $15, we used
that amount as the savings amount). This savings is from your period
billing
covered by thisstatement.
CITI EASY DEALS: If youmade a purchase on CitiEasy Deals, your savings is
the difference between the retailprice and the price you paid.This savings is
from the priorcalendar month.
CITI SIMPLICITY LIFETIME SAVINGS: The savings from interest,no latefee,
CitiEasy Deals sinceyou became a CitiSimplicity cardmember. This savings
amount does not include any balance transferfees.
Minimum Payment Due includes past due amounts. Your account may be with
a collection vendor and when you callour number, you may be referred to the
vendor. You may reach us at the toll-freenumber shown above
Monday-Thursday 8am to 6 pm or Friday 8am to 5pm, Central Time.
1-800-846-8444. TTY 1-855-371-0353.
©2018 Citibank, N.A.
Citi,Citiwith Arc Design are registered service marks of CitigroupInc.
5 of 5
Preview
FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021 SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF YATES COUNTY OF YATES CiTIBANK, N.A. ) ) INDEX NO.: 2021-5137 Plaintiff, ) vs. ) Case No. STEPHANIE L HARPER Defendant. ) AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR STATE OF KENTUCKY ) ) ss. COUNTYOFBOONE ) The undersigned, being duly sworn, deposes and says: 1. I am an employee of Citibank, N.A. ("Citibank"),and I have personal knowledge of and access to Citibank's books and records ("Business Records"), including electróñic records, relatingto the account of STEPHANIE L HARPER ("Account"). The last4 digitsof the account number are 4196. Inmy position, I have persóña| know!edge of Citibank's procedures formaking and maintaining itsBusiness Records. Business Plaintiff's records were rnade inthe regular course of business and it wasthe regular course ofbusiness to make the Business Records. The Business Records were made ator near the time of the events recorded. Based upon my review of the Plaintiff's Business Records, I have personal knowledge of the facts set forthwithin thisaffidavit. 2. Citibank and Defendant entered intoa credit agreement ("Agreement"), the terms of which Agreement are ref!ected in the periodic statements delivered to Defendant by Citibank. Defendant agreed to pay Citibank for allgoods and services [and cash advances] provided pursuant to the Agreement. The amount of the lastpayment, if any,made by Defeñdant was $75.00, made on 8/10/2020. Defeñdâñt isnow in default and demand forpayment has been made. A true and correct copy ofthe charge-off statement is attached as Exhibit A to thisaffidavit. 3. I have personal knowledge of Plaintiff's procedures for generating and providing account statements to customers. Itis the regular practice of Plaintiffsbusiness to provide periodic account statements to itscustomers. On or about 03/11/2021, Plaiñtiffsent or otherwise made available one or more account statements relating tothe Account to Defendant stating the amount due as $4,633.74. A true and correct copy of the finalaccount statement(s) isattached as an exhibit to thisaffidavit. 4. At this Defendant owes $4,633.74 on the Account. This amount includes a charge-off balance of$4,633.74, post- time, charge-off interestof $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. 1 of 5 FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021 WHEREFORE, Depeñ÷ñt demands judgment againstDefendant for$4,633.74, (plusinterestfrom N/A, if app"cab!÷), togetherwith the costsand disbursements of thisaction. I sclerññ|y affirm under the of péñâ|ties perjuryand upon personal knowledge thatthe contentsof thefaregaing paper are true. EXECUTED on O , 202\ . Signature Joseph Girbed Name STATE OF KENTUCKY ) ) ss. coUNTY OF BOONE ) Subscribed and sworn tobefore me by this day of . ,20ÊÓ [SEAL] Notary Public October 2021 22, My corarñ|ssion expires: Kathleen Daugherty Notary Public,ID No. 588148 State at Large, Personally known OR Kentucky My Commission Expires October22,2021 Produced identification Type of produced: identification 2 of 5 FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021 CERTIFICATE OF CONFORMITY I,Kyle Michael, an attorney-at-law of the State of Kentucky who is licensed to practice law in the State of Kentucky and is fully acquainted with the laws of the State of Kentucky pertaining to the acknowledgemcñt or proof of deeds of realproperty to be recorded therein, do hereby certifythat 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 acknow1cdgemcñt or proof upon the foregoing document was taken by Kathleen Daughcity, notary public in the State of Kentucky, in the manner prescribed by the laws of the State of Kentucky and conforms to the laws thereof in allrespects. IN WITNESS WHEREOF, I have hereunto set signature, this 13th day of July, 2021. Kyle Michael Kentucky Bar #97520 3 of 5 FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021 STEPHANIE L HARPER www.citicards.com Member Since 2019 Account number ending in: 4196 Customer Service 1-800-846-8444 Period:02/12/21-03/11/21 Billing TTY-hearing-impaired servicesonly1-800-325-2865 BOX 6500 SIOUX FALLS, SD 57117 Account Summary MARCH STATEMENT Previous balance $4,579.90 Minimum payment due: $4,633.74 Payments -$0.00 New balance as of 03/11/21: $4,633.74 Credits -$0.00 Payment due date: 03/11/21 for la.st p.a e of this statement about how to Purchases +$0.00 See.the important information avoidpaying on purchases· in erest Cash advances +$0.00 Fees +$0.00 Interest +$53.84 $4,633.74 "!n!=== Payment Warning:lfyou make only theminimum payment each period,you willpay more in interest and take it will you longer topay offyour balance.For example: Credit Limit If youmake no edd!t!::! You willpay offthe And you will end up Creditlimit $4,500 charges usingthiscard balance shown on this ayingan octimatocl Includes $1,400 cash advancelimit and each month you pay... statement in about... otalof... Only theminimum payment 1 month(s) $4,634 about credit counseling services, call 1-877-337-8188. For information C re Savings Spotlight Your Citi Simplicity Lifetime Savings: $854.08 See page 3 to view your Savings Summary. For Payments, send check to:CITICARDS, PO Box 70166, PhiladelphiaPA, 19176-0166 Pay onlinewww.citicards.com Minimum payment due $4,633.74 O Pay by phone 1-800-846-8444 New balance $4,633.74 Payment due date 03/11/21 Pay by mall Use this coupon • Enclosea valid checkor moneyorder payable to Crfl CARDS.Nocashor foreign currency. Amount enclosed: • Write the last four digits of your accountnumberon your check, Account number ending in 4196 000000 MC 34 A O Please make check payable to CITI CARDS. STEPHANIE L HARPER CITI CARDS 789 LOVEJOY RD PO Box 70166 PENN YAN NY 14527-9128 PhiladelphiaPA 19176-0166 EXHIBIT A 15009 0463374 O463374 0007500 41% 0902 4 of 5 FILED: YATES COUNTY CLERK 08/18/2021 01:14 PM INDEX NO. 2021-5137 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 08/18/2021 www.citicards.com Customer Service 1-800-846-8444 Page 2 of 2 TTY-hearing-impaired servicesonly1-800-325-2865 STEPHANIE L HARPER Cili Account Summary re Trans. Post date date Description Amount ................................................--................................................................................-..............-..... Fees charged Saving5 Spotlight Simplicity* Totalfees charged in this period billing $o.oo Your Citi Savings Summary Interest charged From This Billing Period: Date Description Amount I No Late Fce: $35.00 ...................................................................................................................................................... 03/11 INTEREST CHARGED TO STANDARD PURCH $53.84 Totalinterestcharged in this period billing $53.84 ----------------------------- 2021 totals year-to-date Total feescharged in 2021 $0.00 ..................................................................................................................................................... Total interestcharged in2021 $135.31 nÏeÑST cha c cuiation Âys bilingcy e 28 Your Annual Percentage Rate (APR)is the annual interest rate on your account. ...................................................................................................................................................... Annual percenta Balance su ect Balance type rate (AP ) to interestate Interestcharge P C SES Standard Purch 15.24% (V) $4,605.81(D) $53.84 ................................................................................................................................................... ADyANCES ___ Standard Adv 15 24% V O D $0 Your AnnualPercentage Rate (APR) is the annual interest rate on your account. APRs followed by the daily balance method by (D) are determined by (V) may vary. Balances followed transactions). current (including See Account Messages for more information about Account messages savings spotlight SAVINGS SPOTLIGHT DETAILS INTEREST: If youhave promotional balances on your account, we have estimated your savings. This savings is thedifference between the interest that was assessed against the promotional balances using the promotional APRs and theestimated interest thatwould have been assessed against these same balances using the Enhanced Purchase APRs. Thissavings amount does not include any balance transfer fees.This savings is from your billingperiod covered by thisstatement. NO LATE FEE: Savings on late fee is determined by reviewing your payments and calculating what your latefee would have been on your card without this benefit. If youpaid lateprior toMay 2014, savings on late fee is determined by using a $15 latefee (ifyour minimum payment due was lessthan $15, we used that amount as the savings amount). This savings is from your period billing covered by thisstatement. CITI EASY DEALS: If youmade a purchase on CitiEasy Deals, your savings is the difference between the retailprice and the price you paid.This savings is from the priorcalendar month. CITI SIMPLICITY LIFETIME SAVINGS: The savings from interest,no latefee, CitiEasy Deals sinceyou became a CitiSimplicity cardmember. This savings amount does not include any balance transferfees. Minimum Payment Due includes past due amounts. Your account may be with a collection vendor and when you callour number, you may be referred to the vendor. You may reach us at the toll-freenumber shown above Monday-Thursday 8am to 6 pm or Friday 8am to 5pm, Central Time. 1-800-846-8444. TTY 1-855-371-0353. ©2018 Citibank, N.A. Citi,Citiwith Arc Design are registered service marks of CitigroupInc. 5 of 5