Preview
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
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 representative of CAVALRY SPV 1, LLC. AS ASSIGNEE OF CITIBANK,
N.A., ("Plaintiff") and I have access to Plaintiff s books and records ("Business Records"),
including electronics records, relating to the account ("Account") of Joel Wagschal . The last four
digits of the Account number are XX___XXXXXXXXXX3871. In my position, I also have personal
knowledge of Plaintiff s procedures for creating and maintaining its Business Records, including
its procedures relating to the purchase and assignment of consumer credit accounts. Plaintiff s
Business Records were made in the regular course ofbusiness and it was 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 Plaintiff's Records, I have personal knowledge of
the facts set forth in this affidavit.
2. On Plaintiff
12/23/2020, purchased or was assigned the Account from Citibank, N.A. (the
"Purchase"). At that time, Citibank, N.A. assigned all of its interest in the Account, including the
right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records
relating to Account were transferred to Plaintiff. Following the Purchase, those Business Records
were maintained in the ordinary course of Plaintiff s Business.
3. The complete chain of title, with the date of each sale or assignment of the Account, is as follows:
a. Citibank, N.A. 12/23/2020
b.
c.
4. As of August 8, 2021, Defendant owes $8,311.00 on the Account. This amount includes the
charge-off balance of $8,311.00, post-charge-off interest of $0.00, and post-charge-off fees and
charges of $0.00, less post-charge-off credits or payments made by or on behalf of Defendant of
$0.00.
WHEREFORE, deponent demands judgment against Defendant for $8,311.00, together with the costs and
disbursements of this action.
The above statements are true and correct to the best of my kn vledge of Plait iff s b iness records.
Dated:123^?o
By: _
Swo to before me this2 ay
l· DANIEL D VELEZ
Nota P Notary Public, State of New YoiK
,
Registration #01VE6314317
Q ualified In Bronx County
Commission Expires Nov. 3. 2022
* A F O O O 4 4 S B 4 2 2 *
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
Contract ID: CV8MUMAA030920
Document ID: CV8MUMAA091820C13
Document ID: 121620CV1MU4FMB1
BILL OF SALE AND ASSIGNMENT
Septemhcr 2020 Brands Fresh 180 Day Flow Lot 2 Accounts
THIS B1LL OF SALE AND ASSIGNMENT dated December 23, 2020, is by Citibank, N.A., a
national banking association organized under the laws of the United States, located at 5800 South
Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the
laws of Delaware, with its headquarters/principal place of business at 500 Summit 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 March 9, 2020 and Addendum No. 13 dated September 18, 2020, 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 final electronic file.
Citibank, N.A.
By:
(Signatp/e)
Name: steven Dasch
Title: Authorized Party
Cavalry 030920
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
Contract ID: CV8MUMAAO30920
Document ID: CV8MUMAA091820C13
Document ID: 121620CV1MU4FMA1
Exhibit 1
. The individual Accounts transferred are described in the final electronic file and delivered by the
Bank to Buyer, the same deemed attached hereto by this reference.
# of Cut-Off
Lot Sale ID Accounts Sale Balance Date
Brands Fresh 180 121620CV1MU4FM 12/16/2020
Day Flow Lot 2
Cavalry 030920
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
Purchase Date:12/23/2020
1074
1**
Data Excerpt from Exhibit
Field Name Data Provided
ACCOUNT NUMBER 871
SALE AMOUNT $8,311.00
ACCOUNT OPEN DATE |16-Dec-19
LAST PAYMENT DATE !3n-Mer 20
CONSUMER FIRST AND MIDDLE NAME JOEL
CONSUMER LAST NAME WAGSCHAL
CONSUMER RESIDENCE ADDRE$$ 1 109 GROVE ST
CONSUMER RESIDENCE ADDRESS 2 |# 112
M
|ÓÓNSUMER RESIDENCE CITY MONGEY
ICONSUMER STATE NY
CONSUAER ZIP CODE 109520000
SIN*
CONSUMER SSN OR
*Data displayed has been redacted for consumer privacy
**The data contained in this document was extracted from the electronic records transmittad by the seller
conceming the referenced account
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A.
(Debt Buyer Actions)
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
Account Holder: JOEL WAGSCHAL Account #: ending in 3871
SSN/EIN/TIN #:
The undersigned, being duly sworn, deposes and says:
1. I am an employee of Citibank, N.A. ("Citibank"), 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 knowledge of and access to Citibank's books and records
("Business Records"), including electronic records, relating to a pool of charged-off consumer
credit accounts sold or assigned by Citibank to Cavalry SPV I, LLC ("Debt Buyer"), on
12/23/2020 (the "Sale"), which included the account 3871 ("Account") of the consumer JOEL
WAGSCHAL ("Coñsumer") identified in the exhibits attached hereto and incorporated herein.
As part of the Sale, Citibank assigned all of its interest in the Account, including the right to
any proceeds from the Accounts, to Debt Buyer, and Citibank transferred business records
relating to the Account to Debt Buyer. A true and correct copy of the bill of sale which
pertains to the Account is attached as an exhibit to this affidavit.
2. In my position, I also have personal knowledge of Citibank's procedures for creating
and maintaining Citibank's business records pertaining to the Account ("Business Records"),
including Citibank's procedures relating to the sale and assignment of consumer credit
accounts. Citibank's Business Records were made in the regular course of business and it was
the regular coursc 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 facts set forth in this affidavit.
3. Citibank and Consumer were parties to a credit agreemcat ("Agreement"), the terms of
which are reflected in the last billing statement sent to Consumer by Citibank prior to charge-
off, which is attached hereto as an crhibit Consumer agreed to pay Citibank for all goods,
services and cash advances provided pursuant to the Agreement. The date and the amount of
the last payment, if any, 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 is attached as an exhibit to this affidavit
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
4. At the time of the Sale, Consumer owed the ==êüñt set forth in the exhibits attached
hereto and made a part hereof, which exhibits may also show the name of Consumer; the last
four digits of the Account number, the date and amaüñt of the charge-off balance; the date and
amount of the last payment, if any; the total amounts, if applicable, of any post-charge-off
interest and post-charge-off fees and charges; any post-charge-off credits or payments made by
or on behalf of Consumer; and the balance due at the time of the Sale. The above statements
are true and correct to the best of my personal knowledge.
I solemnly affirm under the penalties of perjury and upon personal knowledge that the ecutents
of the foregoing paper are true.
EXECUTED on Jan S , 20_y__.
ignature
Tah'nee Mitchell
Name
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
r25'
Subscribed and sworn to before me by Ta h'nee Mitchell this day
of µn , 20_n_.
[SEAL]
CAROLYN E. HUGHES
Notary Public - Notary Seal
. State of Missouri, Jackson
PubhC County
Notary Commission # 14927304
My Commission Expires Jan 26,2022
My commission expires:
Personally known _ OR
Produced identification .
Type of identification produced:
cit1Employee Badge
.
2
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
CERTIFICATE OF CONFORMITY
I, J. Voeler. an attorney-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 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 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 all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this c day of January
2021.
Misduri Bar #51227
J.Vogler
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
Contract ID: CV8MUMAA030920
Document ID: CV8MUMAA091820CI3
Document ID: 121620CVl MU4FMBI
BILL OF SALE AND ASSIGNMENT
September 2020 Brands Fresh 180 Day Flow Lot 2 Accounts
THIS BILL OF SALE AND ASSIGNMENT dated December 23, 2020, is by Citibank, N.A., a
national banking association organized under the laws of the United States, located at 5800 South
Carporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the
laws of Delãware, with its headquarters/principal place of business at 500 Summit 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 March 9, 2020 and Addeedüm No. 13 dated September 18, 2020, betwêêñ 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 final electronic file.
Citibank, N.A.
By:
(SignEttpfe)
Name: Steven Dasch
Title: Authorized Party
Cavalry 030920
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
Contract ID: CV8MUMAA030920
Dccair.cr.:ID: CV8MUMAA091820C13
Document ID: 121620CVlMU4FMAl
Exhibit 1
The individual Accounts transferred are described in the final electronic file and delivered by the
Bank to Buyer, the same deemed attached hereto by this reference.
# of Cut-Off
Lot Sale ID Accounts Sale Balance Date
Brands Fresh 180 121620CV1MU4FM 3,691 12/16/2020
Day Flow Lot 2
Cavalry 030920
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
Citi® Rewards+ Card
JOEL WAGSCHAL www.citicards.com
Member Since 2019 Account number ending in:3871 Customer Service 1-800-THANKYOU(1-800-842-6596)
Billing Period:03/20/20-04/20/20 TTY-hearing-impaired services only 1-877-693-0218
BOX 6062 SIOUX FALLS, SD 57117
Your account is past due. Please pay at
APRIL STATEMENT
least the minimum payment due, which
Minimum payment due: $227.77
includes a past due amount of $105.77 and an
New balance as of 04/20/2O: $8,116.00
overlimit amount of $0.00.
Payment due date: 05/16/20
See the back of this statement for important information about how to avoid Account Summary
paying Interest on purchases.
Previous balance $8,217.23
Payments -$140.23
Late Payment Warning: If we do not receive your minimum payment by the Credits -$0.00
date listed above, you may have to pay a late fee of up to $39 and your APRs Purchases +$0.00
may be increased up to the Penalty APR of 29.99%. Cash advances +$0.00
Minimum Payment Warning:lf you make only the minimum payment each rees +$39.00
period, you will pay more in interest and it will take you longer to pay off your Interest +$0.00
balance. For example:
New balance $8,116.00
If you make no additional You will pay off the And you will end up
charges using this card balance shown on this paying an estimated . .
and each month you pay... statement in about... total of... Credit Limit
Revolving Credit limit $8,200
Only the minimum payment 22 year(s) $17,857 Includes $1,000 cash advance limit
$9,288
$258 3 year(s)
(Savings=$8,569)
for information about credit counseling services, call1-877-337-8188New York
residents ma contact the New York State Bankin Department to obtain a comparative
listing of cre it card rates, fees and grace periods y calling 1-877-226-5697.
For Payments, send check to: CITI CARDS, PO Box 70166, Phi|ad:|phic PA, 19176-0166
Pay your bill from virtually anywhere Minimum payment due $227.77
Citi''
with the Citl Mobile® App and Online
New balance $8,116.00
To download·
Citi Text ¼pp15Îto MyCiti (692484) Payment due date 05/16/20
or go to your device's app store.
Or visit www.citicards.com
Amount enclosed:
Account numberending in3871
000000 PW 32 I O
Please make check payable to CITi CARDS.
JOEL WAGSCHAL CITI CARDS
109 GROVE ST PO Box 70166
# 112 Philadelphia PA 19176-0166
MONSEY NY 10952-3600
9991Ns96• 59MOBBm 3871 91118Dille
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
ww=_cit!cerds.com Customer Service 1-800-THANKYOU(1-800-842-6596) Page 2 of 2
TTY-hearing-impaired services only 1-877-693-0218
JOEL WAGSCHAL
Account Summary
Trans. Post
date date Description Amount
.......................................................................................................................................................
Payments, Credits and Adjustments
03/29 PAYMENT THANK YOU -$140.23
......................................................................................................................................................
Fees charged
Date Description Amount
......................................................................................................................................................
04/20 -
LATE FEE MAR PAYMENT PAST DUE $39.00
Total fees charged In this billing period $39.00
Interest charged
Total Interest charged in this billing period $0.00
2020 totals year-to-date
Total fees charged in 2020 $67.00
Total Interest charged in 2020 $O.00
Interest charge calculation Days in billing cycle:32
Your Annual Percent age Rate (APR)is the annual interest rate on your account.
.....................................................................................................................................................
Annual percenta e Balance subject
Balance type rate (AP ) to interest rate Interest charge
.....................................................................................................................................................
PURCHASES
Standard Purch 0.00% $8,116.44 (D) $0.00
(Introductory Rate Expires 03/30/21)
.....................................................................................................................................................
ADyANCES
Standard Adv 25.24% (V) $0.00 (D) $0.00
Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed
by (V) may vary. Balances followed by (D) are determined by the daily balance method
(including current transactions).
Account messages
©2018 Citibank, N.A.
Citi, Citi with Arc Design, Citi ThankYou, ThankYou and Citi ThankYou
Rewards Design are registered service marks of Citigroup Inc.
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
JOEL WAGSCHAL www.citicards.com
Member Since 2019 Account number ending in:3871 Customer Service 1-800-THANKYOU0-800-842-6596)
Billing Period:09/19/20-10/20/20 TTY·hearing-Impaired services only 1-877-693-0218
BOX 6062 SIOUX FALLS, SD 57117
STATEMENT Account Summary
OCTOBER
Previous balance $8,311.00
Minimum payment due: $8,311.00
Payments -$0.00
New balance as of 10/2O/2O: $8,311.00
Credits -$0.00
Payment due date: 10/2O/20
See the back of this statement for important Information about how to avoid Purchases +$0.00
paying Interest on purchases. Cash advances +S0.00
Fees +$0.00
Late Payment Warning:lf we do not receive your minimum payment by the interest +$0.00
date listed above, you may have to pay a late fee of up to $39 and your APRs New balance $8,311.00
may be increased up to the Penalty APR of 29.99%.
M!n!mer. Payment Warning:lf you make only the minimum payment each Credit Limit
period, you will pay more in interest and it will take you longer to pay off your Revalving Credit limit $8,200
balance. For example: includes $1,000cash advance limit
If you make no additional You will pay off the And you will end up
charges using this card balance shown on this ayIng an estimated
and each month you pay- statement in about... otal of.-
Only the minimum payment 1 month(s) SS,311
For Information about credit counseling services, call 1-877-337-8188New York
residents ma contact the New York State Bankin Department to obtain a comparative
listing of cre it card rates, fees and grace periods y calling 1·877-226·5697.
For Payments, send check to: CITI CARDS, PO Box 70166, Philadelphia PA, 19176-0166
Pay your b111from virtually anywhere Mir'm== payment due $8,311.00
with the Citi Moblic' App and CitP Online
New balance $8,311.00
To download:
Text 'AppIS' to Mycitt (692484) Payment due date 10/20/20
or go to your device's app store.
Cr visit www.citicards.com
Amount enclosed:
Account number ending in3871
000000 PW 32 A 0
Please make check payable to CITI CARDS.
JOEL WAGSCHAL CITI CARDS
109 GROVE ST PO Box 70166
# 112 Philadelphia PA 19176-0166
MONSEY NY 10952-3600
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021
www.citicards.com Customer Service 1-800-THANKYOU(1-800-842-6596) Page 2 of 2
TTY-hearing-impaired services only 1·877-693-0218
JOEL WAGSCHAL
Account Summary
Trans. Post
date date Description Amount
Fees charged
Total fees charged in this billing period $0.00
interest charged
Total Interest charged in this billing period $0.00
2020 totals year-to-date
Total fees charged in 2020 $ 262.00
...........-............-......... ......-............-......-.---.......-....-......................-
Total interest charged in 2020 $0.00
Interest charge calculation oays in bimng cycle:32
.I.0 .6.".""" . .?.'''".Z°Z!.Rate R)ls he annual n e es ra e on o account
Annual percenta e Balance subject
Balance type rate (AP ) to Interest rate Interest charge
....-.....-..............- ................................-..-...........-......-.......-.................-
PURCHASES
-......-..-..................- ...............................,.....-......................................-....-..
Standard Purch 0.00% S8,311.00(D) SO.00
(Introductory Rate Expires 03|30/21)
............-..-.-.......................-.----...-..--....................-....-............................-....-..-...--..
ADVANCES
...........-..........-.......................,,..-..................-............-.......-...-...-............-...................,.,
Standard Adv 25.24% (V) SO.00
Preview
FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 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 representative of CAVALRY SPV 1, LLC. AS ASSIGNEE OF CITIBANK, N.A., ("Plaintiff") and I have access to Plaintiff s books and records ("Business Records"), including electronics records, relating to the account ("Account") of Joel Wagschal . The last four digits of the Account number are XX___XXXXXXXXXX3871. In my position, I also have personal knowledge of Plaintiff s procedures for creating and maintaining its Business Records, including its procedures relating to the purchase and assignment of consumer credit accounts. Plaintiff s Business Records were made in the regular course ofbusiness and it was 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 Plaintiff's Records, I have personal knowledge of the facts set forth in this affidavit. 2. On Plaintiff 12/23/2020, purchased or was assigned the Account from Citibank, N.A. (the "Purchase"). At that time, Citibank, N.A. assigned all of its interest in the Account, including the right to any proceeds from the Account, to Plaintiff. As part of the Purchase, Business Records relating to Account were transferred to Plaintiff. Following the Purchase, those Business Records were maintained in the ordinary course of Plaintiff s Business. 3. The complete chain of title, with the date of each sale or assignment of the Account, is as follows: a. Citibank, N.A. 12/23/2020 b. c. 4. As of August 8, 2021, Defendant owes $8,311.00 on the Account. This amount includes the charge-off balance of $8,311.00, post-charge-off interest of $0.00, and post-charge-off fees and charges of $0.00, less post-charge-off credits or payments made by or on behalf of Defendant of $0.00. WHEREFORE, deponent demands judgment against Defendant for $8,311.00, together with the costs and disbursements of this action. The above statements are true and correct to the best of my kn vledge of Plait iff s b iness records. Dated:123^?o By: _ Swo to before me this2 ay l· DANIEL D VELEZ Nota P Notary Public, State of New YoiK , Registration #01VE6314317 Q ualified In Bronx County Commission Expires Nov. 3. 2022 * A F O O O 4 4 S B 4 2 2 * FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 Contract ID: CV8MUMAA030920 Document ID: CV8MUMAA091820C13 Document ID: 121620CV1MU4FMB1 BILL OF SALE AND ASSIGNMENT Septemhcr 2020 Brands Fresh 180 Day Flow Lot 2 Accounts THIS B1LL OF SALE AND ASSIGNMENT dated December 23, 2020, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Corporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the laws of Delaware, with its headquarters/principal place of business at 500 Summit 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 March 9, 2020 and Addendum No. 13 dated September 18, 2020, 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 final electronic file. Citibank, N.A. By: (Signatp/e) Name: steven Dasch Title: Authorized Party Cavalry 030920 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 Contract ID: CV8MUMAAO30920 Document ID: CV8MUMAA091820C13 Document ID: 121620CV1MU4FMA1 Exhibit 1 . The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. # of Cut-Off Lot Sale ID Accounts Sale Balance Date Brands Fresh 180 121620CV1MU4FM 12/16/2020 Day Flow Lot 2 Cavalry 030920 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 Purchase Date:12/23/2020 1074 1** Data Excerpt from Exhibit Field Name Data Provided ACCOUNT NUMBER 871 SALE AMOUNT $8,311.00 ACCOUNT OPEN DATE |16-Dec-19 LAST PAYMENT DATE !3n-Mer 20 CONSUMER FIRST AND MIDDLE NAME JOEL CONSUMER LAST NAME WAGSCHAL CONSUMER RESIDENCE ADDRE$$ 1 109 GROVE ST CONSUMER RESIDENCE ADDRESS 2 |# 112 M |ÓÓNSUMER RESIDENCE CITY MONGEY ICONSUMER STATE NY CONSUAER ZIP CODE 109520000 SIN* CONSUMER SSN OR *Data displayed has been redacted for consumer privacy **The data contained in this document was extracted from the electronic records transmittad by the seller conceming the referenced account FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY CITIBANK, N.A. (Debt Buyer Actions) STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) Account Holder: JOEL WAGSCHAL Account #: ending in 3871 SSN/EIN/TIN #: The undersigned, being duly sworn, deposes and says: 1. I am an employee of Citibank, N.A. ("Citibank"), 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 knowledge of and access to Citibank's books and records ("Business Records"), including electronic records, relating to a pool of charged-off consumer credit accounts sold or assigned by Citibank to Cavalry SPV I, LLC ("Debt Buyer"), on 12/23/2020 (the "Sale"), which included the account 3871 ("Account") of the consumer JOEL WAGSCHAL ("Coñsumer") identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Citibank assigned all of its interest in the Account, including the right to any proceeds from the Accounts, to Debt Buyer, and Citibank transferred business records relating to the Account to Debt Buyer. A true and correct copy of the bill of sale which pertains to the Account is attached as an exhibit to this affidavit. 2. In my position, I also have personal knowledge of Citibank's procedures for creating and maintaining Citibank's business records pertaining to the Account ("Business Records"), including Citibank's procedures relating to the sale and assignment of consumer credit accounts. Citibank's Business Records were made in the regular course of business and it was the regular coursc 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 facts set forth in this affidavit. 3. Citibank and Consumer were parties to a credit agreemcat ("Agreement"), the terms of which are reflected in the last billing statement sent to Consumer by Citibank prior to charge- off, which is attached hereto as an crhibit Consumer agreed to pay Citibank for all goods, services and cash advances provided pursuant to the Agreement. The date and the amount of the last payment, if any, 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 is attached as an exhibit to this affidavit FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 4. At the time of the Sale, Consumer owed the ==êüñt set forth in the exhibits attached hereto and made a part hereof, which exhibits may also show the name of Consumer; the last four digits of the Account number, the date and amaüñt of the charge-off balance; the date and amount of the last payment, if any; the total amounts, if applicable, of any post-charge-off interest and post-charge-off fees and charges; any post-charge-off credits or payments made by or on behalf of Consumer; and the balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge. I solemnly affirm under the penalties of perjury and upon personal knowledge that the ecutents of the foregoing paper are true. EXECUTED on Jan S , 20_y__. ignature Tah'nee Mitchell Name STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) r25' Subscribed and sworn to before me by Ta h'nee Mitchell this day of µn , 20_n_. [SEAL] CAROLYN E. HUGHES Notary Public - Notary Seal . State of Missouri, Jackson PubhC County Notary Commission # 14927304 My Commission Expires Jan 26,2022 My commission expires: Personally known _ OR Produced identification . Type of identification produced: cit1Employee Badge . 2 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 CERTIFICATE OF CONFORMITY I, J. Voeler. an attorney-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 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 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 all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this c day of January 2021. Misduri Bar #51227 J.Vogler FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 Contract ID: CV8MUMAA030920 Document ID: CV8MUMAA091820CI3 Document ID: 121620CVl MU4FMBI BILL OF SALE AND ASSIGNMENT September 2020 Brands Fresh 180 Day Flow Lot 2 Accounts THIS BILL OF SALE AND ASSIGNMENT dated December 23, 2020, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 5800 South Carporate Place, Sioux Falls, SD 57108 (the "Bank") to Cavalry SPV I, LLC, organized under the laws of Delãware, with its headquarters/principal place of business at 500 Summit 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 March 9, 2020 and Addeedüm No. 13 dated September 18, 2020, betwêêñ 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 final electronic file. Citibank, N.A. By: (SignEttpfe) Name: Steven Dasch Title: Authorized Party Cavalry 030920 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 Contract ID: CV8MUMAA030920 Dccair.cr.:ID: CV8MUMAA091820C13 Document ID: 121620CVlMU4FMAl Exhibit 1 The individual Accounts transferred are described in the final electronic file and delivered by the Bank to Buyer, the same deemed attached hereto by this reference. # of Cut-Off Lot Sale ID Accounts Sale Balance Date Brands Fresh 180 121620CV1MU4FM 3,691 12/16/2020 Day Flow Lot 2 Cavalry 030920 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 Citi® Rewards+ Card JOEL WAGSCHAL www.citicards.com Member Since 2019 Account number ending in:3871 Customer Service 1-800-THANKYOU(1-800-842-6596) Billing Period:03/20/20-04/20/20 TTY-hearing-impaired services only 1-877-693-0218 BOX 6062 SIOUX FALLS, SD 57117 Your account is past due. Please pay at APRIL STATEMENT least the minimum payment due, which Minimum payment due: $227.77 includes a past due amount of $105.77 and an New balance as of 04/20/2O: $8,116.00 overlimit amount of $0.00. Payment due date: 05/16/20 See the back of this statement for important information about how to avoid Account Summary paying Interest on purchases. Previous balance $8,217.23 Payments -$140.23 Late Payment Warning: If we do not receive your minimum payment by the Credits -$0.00 date listed above, you may have to pay a late fee of up to $39 and your APRs Purchases +$0.00 may be increased up to the Penalty APR of 29.99%. Cash advances +$0.00 Minimum Payment Warning:lf you make only the minimum payment each rees +$39.00 period, you will pay more in interest and it will take you longer to pay off your Interest +$0.00 balance. For example: New balance $8,116.00 If you make no additional You will pay off the And you will end up charges using this card balance shown on this paying an estimated . . and each month you pay... statement in about... total of... Credit Limit Revolving Credit limit $8,200 Only the minimum payment 22 year(s) $17,857 Includes $1,000 cash advance limit $9,288 $258 3 year(s) (Savings=$8,569) for information about credit counseling services, call1-877-337-8188New York residents ma contact the New York State Bankin Department to obtain a comparative listing of cre it card rates, fees and grace periods y calling 1-877-226-5697. For Payments, send check to: CITI CARDS, PO Box 70166, Phi|ad:|phic PA, 19176-0166 Pay your bill from virtually anywhere Minimum payment due $227.77 Citi'' with the Citl Mobile® App and Online New balance $8,116.00 To download· Citi Text ¼pp15Îto MyCiti (692484) Payment due date 05/16/20 or go to your device's app store. Or visit www.citicards.com Amount enclosed: Account numberending in3871 000000 PW 32 I O Please make check payable to CITi CARDS. JOEL WAGSCHAL CITI CARDS 109 GROVE ST PO Box 70166 # 112 Philadelphia PA 19176-0166 MONSEY NY 10952-3600 9991Ns96• 59MOBBm 3871 91118Dille FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 ww=_cit!cerds.com Customer Service 1-800-THANKYOU(1-800-842-6596) Page 2 of 2 TTY-hearing-impaired services only 1-877-693-0218 JOEL WAGSCHAL Account Summary Trans. Post date date Description Amount ....................................................................................................................................................... Payments, Credits and Adjustments 03/29 PAYMENT THANK YOU -$140.23 ...................................................................................................................................................... Fees charged Date Description Amount ...................................................................................................................................................... 04/20 - LATE FEE MAR PAYMENT PAST DUE $39.00 Total fees charged In this billing period $39.00 Interest charged Total Interest charged in this billing period $0.00 2020 totals year-to-date Total fees charged in 2020 $67.00 Total Interest charged in 2020 $O.00 Interest charge calculation Days in billing cycle:32 Your Annual Percent age Rate (APR)is the annual interest rate on your account. ..................................................................................................................................................... Annual percenta e Balance subject Balance type rate (AP ) to interest rate Interest charge ..................................................................................................................................................... PURCHASES Standard Purch 0.00% $8,116.44 (D) $0.00 (Introductory Rate Expires 03/30/21) ..................................................................................................................................................... ADyANCES Standard Adv 25.24% (V) $0.00 (D) $0.00 Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) may vary. Balances followed by (D) are determined by the daily balance method (including current transactions). Account messages ©2018 Citibank, N.A. Citi, Citi with Arc Design, Citi ThankYou, ThankYou and Citi ThankYou Rewards Design are registered service marks of Citigroup Inc. FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 JOEL WAGSCHAL www.citicards.com Member Since 2019 Account number ending in:3871 Customer Service 1-800-THANKYOU0-800-842-6596) Billing Period:09/19/20-10/20/20 TTY·hearing-Impaired services only 1-877-693-0218 BOX 6062 SIOUX FALLS, SD 57117 STATEMENT Account Summary OCTOBER Previous balance $8,311.00 Minimum payment due: $8,311.00 Payments -$0.00 New balance as of 10/2O/2O: $8,311.00 Credits -$0.00 Payment due date: 10/2O/20 See the back of this statement for important Information about how to avoid Purchases +$0.00 paying Interest on purchases. Cash advances +S0.00 Fees +$0.00 Late Payment Warning:lf we do not receive your minimum payment by the interest +$0.00 date listed above, you may have to pay a late fee of up to $39 and your APRs New balance $8,311.00 may be increased up to the Penalty APR of 29.99%. M!n!mer. Payment Warning:lf you make only the minimum payment each Credit Limit period, you will pay more in interest and it will take you longer to pay off your Revalving Credit limit $8,200 balance. For example: includes $1,000cash advance limit If you make no additional You will pay off the And you will end up charges using this card balance shown on this ayIng an estimated and each month you pay- statement in about... otal of.- Only the minimum payment 1 month(s) SS,311 For Information about credit counseling services, call 1-877-337-8188New York residents ma contact the New York State Bankin Department to obtain a comparative listing of cre it card rates, fees and grace periods y calling 1·877-226·5697. For Payments, send check to: CITI CARDS, PO Box 70166, Philadelphia PA, 19176-0166 Pay your b111from virtually anywhere Mir'm== payment due $8,311.00 with the Citi Moblic' App and CitP Online New balance $8,311.00 To download: Text 'AppIS' to Mycitt (692484) Payment due date 10/20/20 or go to your device's app store. Cr visit www.citicards.com Amount enclosed: Account number ending in3871 000000 PW 32 A 0 Please make check payable to CITI CARDS. JOEL WAGSCHAL CITI CARDS 109 GROVE ST PO Box 70166 # 112 Philadelphia PA 19176-0166 MONSEY NY 10952-3600 FILED: ROCKLAND COUNTY CLERK 12/23/2021 03:13 PM INDEX NO. 034654/2021 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 12/23/2021 www.citicards.com Customer Service 1-800-THANKYOU(1-800-842-6596) Page 2 of 2 TTY-hearing-impaired services only 1·877-693-0218 JOEL WAGSCHAL Account Summary Trans. Post date date Description Amount Fees charged Total fees charged in this billing period $0.00 interest charged Total Interest charged in this billing period $0.00 2020 totals year-to-date Total fees charged in 2020 $ 262.00 ...........-............-......... ......-............-......-.---.......-....-......................- Total interest charged in 2020 $0.00 Interest charge calculation oays in bimng cycle:32 .I.0 .6.".""" . .?.'''".Z°Z!.Rate R)ls he annual n e es ra e on o account Annual percenta e Balance subject Balance type rate (AP ) to Interest rate Interest charge ....-.....-..............- ................................-..-...........-......-.......-.................- PURCHASES -......-..-..................- ...............................,.....-......................................-....-.. Standard Purch 0.00% S8,311.00(D) SO.00 (Introductory Rate Expires 03|30/21) ............-..-.-.......................-.----...-..--....................-....-............................-....-..-...--.. ADVANCES ...........-..........-.......................,,..-..................-............-.......-...-...-............-...................,., Standard Adv 25.24% (V) SO.00