Preview
FILED: STEUBEN COUNTY CLERK 01/17/2023 11:04 AM INDEX NO. E2023-0040CV
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023
EXHIBIT “A”
(CHARGE-OFF/ LAST STATEMENT)
Matter #: 480619
S_EXH-COSM
FILED: STEUBEN COUNTY CLERK 01/17/2023 INDEX
11:04 NO.
AME2023-0040CV
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023
Account Number: 5956
. New Balance:................................
$2,878.36
Community WSA un eaymentDue.................$670.00
NBanku Payment Due Date: .......................
Now Due
Makecheckspayableto FirstBankcard
F Ban card Amount of Payment Enclosed
2253 065702 Omaha, NE 68103-2557
CHARLES H RANDOLPH
607 BLOSSOM LN
PAINTED POST NY 14870-8443 Change of Address? If yes,
please
complete reverseside.
PLEASEDETACHHEREANDRETURNTOPPORTION WITHYOURPAYMENT
Platinum Edition® Visa® Account Number:
5956
Page 001 of 002
Account Summary Payment Information
Previous Balance ...............
$2,813.99 New Balance .....................................................................
$2,878.36
Payments Minimum
..................................
-$0.00 Payment Due ........................................................
$670.00
Other Credits ............................
-$0.00 Past Due Amount .................................................................
$578.00
Purchases ................................
+$0.00 Payment Due Date ...................................................................
Now Due
Balance Transfers ...................
+$0.00
Cash Advances .......................
+$0.00 Late Payment Warning: If we do not receive
yourminimum
Fees Charged ........................
+$39.00 payment by the datelisted
above, you may have to pay a late fee of up to
InterestCharged ....................
+$25.37 $39.
New Balance .....................
$2,878.36
Minimum Payment Warning: If you
make onlythe minimum
Statement Closing Date .......
07/16/20 payment each you will pay
more in interest
and it will take
you
period,
Days in Billing
Cycle .......................
30 longerto pay off your
balance.For Example:
IfyoumakenoadditionalYouwill payoffthebalance Andyouwillendup
chargesusingthiscardand
shownonthisstatementin payinganestimated
TotalCredit Limit ...............
$2 , 500 ·00 eachmonthyou pay... about... totalof...
Available Credit..........................
$0.00
Cash Limit..............................
$500.00 Only the minimum payment 12 years $5,998
Available Cash ...........................
$0.00 $3,384
$94 3 years
(Savings $2,614)
If you would like information about credit counseling services, call 1-866-486-6322.
Customer Service Call: Toll Free 1-888-295-5540
(TDDTelecommunications
DevicefortheDeaf:1-800-925-2833)
(BalanceTransferHotline:1-877-388-8231)
Save Time and Stamps
Visit: www.firstbankcard.com
by Paying Online!
Remit to:First Bankcard,
P.O. Box 2557, Omaha, NE 68103-2557
Smart Tips
Avoid Credit Card Fraud
Do not give outyour account number over the phone unless you initiate
the call.
Credit card thieves have
been known to pose as creditcard issuers and other businesses totrickyou intogivingout your creditcard
number. Legitimatecompanies don'tcallyou toask fora creditcard number over the phone.
Transaction Detail
Trans Post Reference Transaction Credits (CR)
Date Date Number Description and Debits
Fees
7-13 7-16 74418400198000198062000 LATEFEE $39.00
TotalFees For ThisPeriod $39.00
InterestCharged
Interest
Charge on Purchases $18.38
Interest
Charge on Cash Advances $6.99
Interest
Charge on Balances Transfers $0.00
TotalInterestFor This Period $25.37
Your Annual Percentage Rate (APR) is the annual
interest
rate on your
account. (v) Variable
Rate (f) Fixed
Rate
Charge Annual Percentage SpecialOfferor Eligible Balance Subject Days Rate
Rate (APR) Purchase APR Expiration
Date Rate
to Interest Used Interest
Charge
Summary
Purchases 9.00% (v) N/A $2,493.34 30 $18.38
Cash Advance 25.24% (v) N/A $338.06 30 $6.99
2020 Total Year-to-Date
Totalfeescharged in 2020 ...................................................
$262.00
Totalinterest
charged in 2020 ..............................................
$185.14
Issued by First Bankcard, a division of First National Bank of Omaha See reverse for additional information.
Continued next page
FILED: STEUBEN COUNTY CLERK 01/17/2023 INDEX
11:04 NO.
AME2023-0040CV
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023
Declutter
Enroll in paperless statements
today and avoid cluttering up
your mailbox or filing cabinet.
Account Number:
5956
Page 002 of 002
Additional Information Regarding Your Account
NEW YORK RESIDENTS may contact the New York State Department of Financial
Services to obtaina comparative of credit
listing card rates,fees and grace periods.
New York State Department of FinancialServices: 1-877-226-5697.
FILED: STEUBEN COUNTY CLERK 01/17/2023 INDEX
11:04 NO.
AME2023-0040CV
NYSCEF DOC.ToNO.
ensure2 accuracy, please printclearlyusing upper-case RECEIVED
lettersand NYSCEF:
numbers only. 01/17/2023
Please do not use Red Ink,Gel pens orPencil.
CHANGE OF ADDRESS, PHONE, OR E-MAIL
Address
Apt/BIdg#
City
State,ZIP
Home Phone
Work Phone
Cell Phone
E-mailAddress
If you
have a CreditCard for business
purposes, and arerequestingan address change, we may requestadditional
information.
Balance Subject
to Interest
Rate: Each "Balance Subject toamountin questionor any interestor other fees relatedto that amount.
Rate"
Interest shownon the front of this statementfor each Balance
" While you do not have to
pay the amount in question, you are
Category is determined using the average daily balance (including
responsiblefor the remainderof your balance.
new purchases) method. Each such balanceiscalculated " We can apply any unpaidamountagainstyour credit limit.
particular rate was in effect
separately for each period that a Your Rights if You Are Dissatisfied With Your Credit Card Purchases
(referredto below as a "Rate Period").To get each average daily
If you are dissatisfiedwith the goods or servicesthat you have purchased
balance for each Balance Category, we first compute a "Daily
with your credit card, and you have tried in good faith to correct the
Balance"
for each day of the Rate Period as follows: (1) we start
problem with the merchant, you may have the right not to pay the
with the beginning balance of each day, (2) we add any new
remaining amount due on the purchase.
To use this right, all of the
transactions and
fees,and (3)we subtract
any applicable following must be true: 1. The purchase must have been made in your
payments, credits, or
credit
adjustments. Each average dailyhome State or within 100 miles of your current mailing address, and the
balancethat is shown on the front is computedby adding up all the
purchase price must have been more than $50. (Note: Neither of these
Daily Balances in the Rate Period and dividing the total by the
are necessaryif your purchasewas basedon an advertisementwe mailed
number of days in the Rate Period (which shows on the front as
to you, or if we own the company that sold you the goods or services.) 2.
"Days Rate Used"). In making thesecomputations:(a) we may treat
You must have used your credit card for the purchase. Purchasesmade
a credit balanceas a balanceof zero; and (b) we may delay adding
with cash advances from an ATM or with a check that accesses your
fees to your balance; and (c) each day, we multiply your Daily
credit card accountdo not qualify. 3. You must not yet have fully paid for
Balanceby the applicabledaily periodicrate and add that amountto
the purchase.
your balanceto determinethe nextday's beginningbalance.
If all of the criteria above are met and you are still dissatisfiedwith the
Interest Charges:
We figure the interestcharges on your account
purchase,contact us in writingat: First NationalBankof Omaha, P.O. Box
and for each Balance Category by applying the applicable daily
3696 Omaha, NE 68103-0696.
While we investigate, the same rules
periodicrate to the applicableaverage daily balanceand multiplying
apply to the disputed amount as discussed above. After we finish our
that product by the number of days in the Rate Period. AII of the
investigation,we will tell you our decision. At that point, if we think you
interest charges for each Balance Category will be totaled and that
owe an amountand you do not pay we may reportyou as delinquent.
will be the total interestcharged. Liability for Unauthorized Use:
If you notice the loss or theft of your
How to AvoidPaying Interest on Purchases:
If you pay your credit card or a possible unauthorizeduse of your card, you should write
New Balanceas shown on the front of this billing statement by the
to us immediately at P.O. Box 3696 Omaha, NE 68103-0696 or the
Payment Due Date and if we also receivedpayment in full of your
facsimilenumber402-602-6098or call us at 1-800-688-7070.You will not
New Balanceas indicatedon your previous billing statement by its
be liable for any unauthorizeduse that occurs after you notify us. You
PaymentDue Date (or if that New Balancewas zero or a credit), no
may, however, be liable for unauthorized use that occurs before your
interestchargeswill be assessedon Purchasesshownon your next
noticeto us. In any case, your liabilitywill not exceed$50.
statement.
billing Unless youhave been specifically notified
InformationProvidedto CreditBureaus:Information about your
otherwise, no period is provided to repay non-Purchasebalances
account is periodically provided to one or more credit bureaus. Late
other words, there is
without incurring interest charges-in no payments, missed payments, or other defaults on your account may be
interest-free (grace)
periodforCash Advances or Balance reflectedin your credit report. If you think any informationregardingyou or
Transfers. your account is inaccurate,write to us on a separate sheet at: P.O. Box
Payment Requirements: Payments must be (1) accompaniedby
3412, Omaha, NE 68103-0412.
the top portion of this billing statement, (2) received no later than
5:00 p.m. (Central Time) on the Payment Due Date at the location
we have specified for receipt of your payment, (3) made only by
check or money order if your payment is made by mail, (4) made in
U.S. Dollars, and (5) sent to the P.O. Box specifiedon the top of the
front of this statement.If we accept a paymentthat does not comply
with these requirements, there may be a delay in crediting your
account, which may result in additional interest and fees. If your
payment is returned unpaid by your bank for insufficient funds, we
may re-presentyour checkelectronically.
Limit"
portion of your Credit Limit is
Credit Limits: Only the "Cash
Credit" Cash"
availablefor cash advances. "Available
or "Available
refers to the part of your Credit Limit or Cash Limit that was
available as of this billing statement's closing date and may not
reflect overlimit or credit balance amounts. We may raise or lower
your Credit Limit and/or Cash Limit at any time and may restrictthe
amount that is available for Balance Transfers. After we credit a
paymentto your account, there may be a delay before it operatesto
restoreyour AvailableCredit or AvailableCash.
BILLING RIGHTSSUMMARY
What To Do if You Think You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at: First
National Bank of Omaha, P.O. Box 3696 Omaha, NE 68103-0696.
In your letter, give us the following information:
" Accountinformation:Your nameand accountnumber.
" Dollaramount:The dollaramountof the suspectederror.
" Descriptionof Problem: If you think there is an error on your bill,
describe what you believe is wrong and why you believe it is a
mistake.
You must contact us within 60 days after the error appearedon your
statement. You must notify us of any potentialerrorsin writing.You
may call us, but if you do we are not required to investigate any
potential errors and you may have to pay the amount in question.
While we investigatewhether or not there has been an error, the
followingare true:
" We cannot try to collect the amount in question, or reportyou as
delinquenton that amount.
" The charge in question may remain on your statement, and we
may continue to charge you interest on that amount. But, if we
determine that we made a mistake, you will not have to pay the
Preview
FILED: STEUBEN COUNTY CLERK 01/17/2023 11:04 AM INDEX NO. E2023-0040CV NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 EXHIBIT “A” (CHARGE-OFF/ LAST STATEMENT) Matter #: 480619 S_EXH-COSM FILED: STEUBEN COUNTY CLERK 01/17/2023 INDEX 11:04 NO. AME2023-0040CV NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 Account Number: 5956 . New Balance:................................ $2,878.36 Community WSA un eaymentDue.................$670.00 NBanku Payment Due Date: ....................... Now Due Makecheckspayableto FirstBankcard F Ban card Amount of Payment Enclosed 2253 065702 Omaha, NE 68103-2557 CHARLES H RANDOLPH 607 BLOSSOM LN PAINTED POST NY 14870-8443 Change of Address? If yes, please complete reverseside. PLEASEDETACHHEREANDRETURNTOPPORTION WITHYOURPAYMENT Platinum Edition® Visa® Account Number: 5956 Page 001 of 002 Account Summary Payment Information Previous Balance ............... $2,813.99 New Balance ..................................................................... $2,878.36 Payments Minimum .................................. -$0.00 Payment Due ........................................................ $670.00 Other Credits ............................ -$0.00 Past Due Amount ................................................................. $578.00 Purchases ................................ +$0.00 Payment Due Date ................................................................... Now Due Balance Transfers ................... +$0.00 Cash Advances ....................... +$0.00 Late Payment Warning: If we do not receive yourminimum Fees Charged ........................ +$39.00 payment by the datelisted above, you may have to pay a late fee of up to InterestCharged .................... +$25.37 $39. New Balance ..................... $2,878.36 Minimum Payment Warning: If you make onlythe minimum Statement Closing Date ....... 07/16/20 payment each you will pay more in interest and it will take you period, Days in Billing Cycle ....................... 30 longerto pay off your balance.For Example: IfyoumakenoadditionalYouwill payoffthebalance Andyouwillendup chargesusingthiscardand shownonthisstatementin payinganestimated TotalCredit Limit ............... $2 , 500 ·00 eachmonthyou pay... about... totalof... Available Credit.......................... $0.00 Cash Limit.............................. $500.00 Only the minimum payment 12 years $5,998 Available Cash ........................... $0.00 $3,384 $94 3 years (Savings $2,614) If you would like information about credit counseling services, call 1-866-486-6322. Customer Service Call: Toll Free 1-888-295-5540 (TDDTelecommunications DevicefortheDeaf:1-800-925-2833) (BalanceTransferHotline:1-877-388-8231) Save Time and Stamps Visit: www.firstbankcard.com by Paying Online! Remit to:First Bankcard, P.O. Box 2557, Omaha, NE 68103-2557 Smart Tips Avoid Credit Card Fraud Do not give outyour account number over the phone unless you initiate the call. Credit card thieves have been known to pose as creditcard issuers and other businesses totrickyou intogivingout your creditcard number. Legitimatecompanies don'tcallyou toask fora creditcard number over the phone. Transaction Detail Trans Post Reference Transaction Credits (CR) Date Date Number Description and Debits Fees 7-13 7-16 74418400198000198062000 LATEFEE $39.00 TotalFees For ThisPeriod $39.00 InterestCharged Interest Charge on Purchases $18.38 Interest Charge on Cash Advances $6.99 Interest Charge on Balances Transfers $0.00 TotalInterestFor This Period $25.37 Your Annual Percentage Rate (APR) is the annual interest rate on your account. (v) Variable Rate (f) Fixed Rate Charge Annual Percentage SpecialOfferor Eligible Balance Subject Days Rate Rate (APR) Purchase APR Expiration Date Rate to Interest Used Interest Charge Summary Purchases 9.00% (v) N/A $2,493.34 30 $18.38 Cash Advance 25.24% (v) N/A $338.06 30 $6.99 2020 Total Year-to-Date Totalfeescharged in 2020 ................................................... $262.00 Totalinterest charged in 2020 .............................................. $185.14 Issued by First Bankcard, a division of First National Bank of Omaha See reverse for additional information. Continued next page FILED: STEUBEN COUNTY CLERK 01/17/2023 INDEX 11:04 NO. AME2023-0040CV NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/17/2023 Declutter Enroll in paperless statements today and avoid cluttering up your mailbox or filing cabinet. Account Number: 5956 Page 002 of 002 Additional Information Regarding Your Account NEW YORK RESIDENTS may contact the New York State Department of Financial Services to obtaina comparative of credit listing card rates,fees and grace periods. New York State Department of FinancialServices: 1-877-226-5697. FILED: STEUBEN COUNTY CLERK 01/17/2023 INDEX 11:04 NO. AME2023-0040CV NYSCEF DOC.ToNO. ensure2 accuracy, please printclearlyusing upper-case RECEIVED lettersand NYSCEF: numbers only. 01/17/2023 Please do not use Red Ink,Gel pens orPencil. CHANGE OF ADDRESS, PHONE, OR E-MAIL Address Apt/BIdg# City State,ZIP Home Phone Work Phone Cell Phone E-mailAddress If you have a CreditCard for business purposes, and arerequestingan address change, we may requestadditional information. Balance Subject to Interest Rate: Each "Balance Subject toamountin questionor any interestor other fees relatedto that amount. Rate" Interest shownon the front of this statementfor each Balance " While you do not have to pay the amount in question, you are Category is determined using the average daily balance (including responsiblefor the remainderof your balance. new purchases) method. Each such balanceiscalculated " We can apply any unpaidamountagainstyour credit limit. particular rate was in effect separately for each period that a Your Rights if You Are Dissatisfied With Your Credit Card Purchases (referredto below as a "Rate Period").To get each average daily If you are dissatisfiedwith the goods or servicesthat you have purchased balance for each Balance Category, we first compute a "Daily with your credit card, and you have tried in good faith to correct the Balance" for each day of the Rate Period as follows: (1) we start problem with the merchant, you may have the right not to pay the with the beginning balance of each day, (2) we add any new remaining amount due on the purchase. To use this right, all of the transactions and fees,and (3)we subtract any applicable following must be true: 1. The purchase must have been made in your payments, credits, or credit adjustments. Each average dailyhome State or within 100 miles of your current mailing address, and the balancethat is shown on the front is computedby adding up all the purchase price must have been more than $50. (Note: Neither of these Daily Balances in the Rate Period and dividing the total by the are necessaryif your purchasewas basedon an advertisementwe mailed number of days in the Rate Period (which shows on the front as to you, or if we own the company that sold you the goods or services.) 2. "Days Rate Used"). In making thesecomputations:(a) we may treat You must have used your credit card for the purchase. Purchasesmade a credit balanceas a balanceof zero; and (b) we may delay adding with cash advances from an ATM or with a check that accesses your fees to your balance; and (c) each day, we multiply your Daily credit card accountdo not qualify. 3. You must not yet have fully paid for Balanceby the applicabledaily periodicrate and add that amountto the purchase. your balanceto determinethe nextday's beginningbalance. If all of the criteria above are met and you are still dissatisfiedwith the Interest Charges: We figure the interestcharges on your account purchase,contact us in writingat: First NationalBankof Omaha, P.O. Box and for each Balance Category by applying the applicable daily 3696 Omaha, NE 68103-0696. While we investigate, the same rules periodicrate to the applicableaverage daily balanceand multiplying apply to the disputed amount as discussed above. After we finish our that product by the number of days in the Rate Period. AII of the investigation,we will tell you our decision. At that point, if we think you interest charges for each Balance Category will be totaled and that owe an amountand you do not pay we may reportyou as delinquent. will be the total interestcharged. Liability for Unauthorized Use: If you notice the loss or theft of your How to AvoidPaying Interest on Purchases: If you pay your credit card or a possible unauthorizeduse of your card, you should write New Balanceas shown on the front of this billing statement by the to us immediately at P.O. Box 3696 Omaha, NE 68103-0696 or the Payment Due Date and if we also receivedpayment in full of your facsimilenumber402-602-6098or call us at 1-800-688-7070.You will not New Balanceas indicatedon your previous billing statement by its be liable for any unauthorizeduse that occurs after you notify us. You PaymentDue Date (or if that New Balancewas zero or a credit), no may, however, be liable for unauthorized use that occurs before your interestchargeswill be assessedon Purchasesshownon your next noticeto us. In any case, your liabilitywill not exceed$50. statement. billing Unless youhave been specifically notified InformationProvidedto CreditBureaus:Information about your otherwise, no period is provided to repay non-Purchasebalances account is periodically provided to one or more credit bureaus. Late other words, there is without incurring interest charges-in no payments, missed payments, or other defaults on your account may be interest-free (grace) periodforCash Advances or Balance reflectedin your credit report. If you think any informationregardingyou or Transfers. your account is inaccurate,write to us on a separate sheet at: P.O. Box Payment Requirements: Payments must be (1) accompaniedby 3412, Omaha, NE 68103-0412. the top portion of this billing statement, (2) received no later than 5:00 p.m. (Central Time) on the Payment Due Date at the location we have specified for receipt of your payment, (3) made only by check or money order if your payment is made by mail, (4) made in U.S. Dollars, and (5) sent to the P.O. Box specifiedon the top of the front of this statement.If we accept a paymentthat does not comply with these requirements, there may be a delay in crediting your account, which may result in additional interest and fees. If your payment is returned unpaid by your bank for insufficient funds, we may re-presentyour checkelectronically. Limit" portion of your Credit Limit is Credit Limits: Only the "Cash Credit" Cash" availablefor cash advances. "Available or "Available refers to the part of your Credit Limit or Cash Limit that was available as of this billing statement's closing date and may not reflect overlimit or credit balance amounts. We may raise or lower your Credit Limit and/or Cash Limit at any time and may restrictthe amount that is available for Balance Transfers. After we credit a paymentto your account, there may be a delay before it operatesto restoreyour AvailableCredit or AvailableCash. BILLING RIGHTSSUMMARY What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at: First National Bank of Omaha, P.O. Box 3696 Omaha, NE 68103-0696. In your letter, give us the following information: " Accountinformation:Your nameand accountnumber. " Dollaramount:The dollaramountof the suspectederror. " Descriptionof Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appearedon your statement. You must notify us of any potentialerrorsin writing.You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigatewhether or not there has been an error, the followingare true: " We cannot try to collect the amount in question, or reportyou as delinquenton that amount. " The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the