Preview
FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021
MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA &
SALON L.L.C
Account ending in: 3002
1 .
AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
3
The undersigned, being duly sworn, deposes and says:
4
1. This Affidavit of Facts by Original Creditor is intended to comply with the
5
Uniform Civil Rules for SUPREME Courts. See below in this paragraph 1, and also below in
6
paragraphs 4, 9, and 11. I am an Assistant Custodian of Records of Plaintiff, AMERICAN
7
EXPRESS NATIONAL BANK ("Plaintiff"), a national bank organized under the laws of the
8
Express"
United States, ("American hereinafter), with its headquarters located at 115 W. Towne
9
Ridge Parkway, Sandy, Utah 84070, and I have personal knowledge of and access to Plaintiff's
10
books and records, relating to the account ("Account") of MICHELLE HOGAN AKA
11
MICHELLE RENEE HOGAN and ELEMENT DAY SPA & SALON L.L.C ("Defendant").
12
The last four digits of the Account number are 3002. In my position as Assistant Custodian of
13
Records for American Express, I have personal knowledge of Plaintiff's procedures for creating
14
and maintaining its Business Records. Plaintiff's Business Records were made in the regular
15
course of business, and it was in the regular course of such business to make the Business
16
Records. The records were made at or near the time of the events recorded. Based on my review
17
of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit.
18
2. I am familiar with the ongoing credit card business operations and practices of
19
American Express, particularly with respect to its recordkeeping computer systems, credit card
20
agreements and billing for various types of accounts issued by American Express. I have access
21
to the business records relating to credit card accounts issued by American Express, including, in
22
particular, the records of cardmember accounts and the applicable card agreements. I have
23
Express'
personal knowledge of American regular practices and procedures with respect to: (a)
24
the transmittal of credit card account agreements, notices, billing statements, and other
25
documents; and (b) quality assurance controls utilized to ensure that such transmittals are
properly made. I also have access to and am generally familiar with the cardmember account
27
records created and maintained by American Express. Except where based on my review of
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FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021
MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA &
SALON L.L.C
Account ending in: 3002
records and documents regularly maintained in the ordinary course of business, all of the matters
2
set forth herein are within my personal knowledge and, if called as a witness, I could
3
competently testify thereto.
4
3. In my experience, the systems used by American Express to create and maintain
5
data for and to produce billing statements and other documents are reliable and kept in a good
6
Express'
state of repair, and American procedures for inserting transaction and other data into
7
the systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements
8
can be obtained only by authorized American Express personnel or authorized agents pursuant to
9
proper procedures, which must be followed in order to obtain the statements. The other records
10
referred to herein were created and kept in the ordinary course of business by American Express
11
and were created at or near the time of the occurrence of the matters set forth by those records
12
and/or were created based upon information transmitted by a person with knowledge of the
13
matters set forth in those records. It is the regular business practice of American Express to make
14
and keep said records. The statements contained in this affidavit are made based on my personal
15
knowledge of the business records practices of American Express.
16
4. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant
17
agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the
18
Agreement. The amount of the last payment, if any, made by Defendant was $300.00, made on
19
12/04/18. Defendant is now in default and demand for payment has been made. A true and
20
"A."
correct copy of the Agreement is attached as Exhibit
21
5. All American Express credit card accounts are governed by a written agreement
22
setting forth the terms and conditions of the account. When an American Express account is
23
opened, the Cardmember Agreement is provided to the cardmember. The Cardmember
24
Agreement provides that use of the card constitutes acceptance of the agreement. A true and
25
"B."
correct copy of the billing statement showing the most recent payment is attached as Exhibit
26
6. All American Express Cardmember Agreements expressly provide that American
27
Express may change the terms of the Cardmember Agreement from time to time. American
28
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FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021
MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA &
SALON L.L.C
Account ending in: 3002
1
Express advises current cardholders of changes through change-in-terms notices, which are
2
either mailed to American Express cardmembers in separate mailings or included with or printed
3
cardmembers'
on the monthly billing statements.
4
Express'
7. I have personally reviewed American records concerning Defendant.
5
Those records reflect that Defendant opened the Account in 11/05/14. Consistent with American
6
Express' Express'
standard business practices, American records reflect that it mailed
7
Defendant's credit card, together with a copy of Defendant's Cardmember Agreement, to
8
Defendant when American Express opened Defendant's Account. Copies of each of these
9
Cardmember Agreements were transmitted to Defendant as they were periodically revised or
10
updated.
11
8. American Express maintains computerized records of the amounts due and owing
12
to American Express for any transactions that occur when an individual uses an American
13
Express credit card. The computerized records reflect all debits and credits in connection with
14
the use of an American Express credit card. American Express sends or otherwise makes
15
available monthly billing statements to cardmembers who carry a balance or are otherwise
16
required to receive a monthly statement.
17
9. I have personal knowledge of Plaintiff's procedures for generating and mailing
18
account statements to customers. It is the regular practice of Plaintiff's business to provide
19
periodic account statements to its customers. On or about 04/23/19, Plaintiff sent one or more
20
account statements relating to the Account to Defendant stating the amount due as $5,312.17.
21
The account statements were mailed to Defendant's last known address and Plaintiff's records do
22
not reflect that the statement(s) were returned by the post office or that the Defendant objected to
23
them. A true and correct copy of the final account statement is attached as Exhibit "C".
24
Express'
10. Pursuant to American records, under the terms of the Cardmember
25
Agreement, Defendant defaulted in making the payments due on the Account. American
26
Express'
records reflect that American Express closed Defendant's Account.
27
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FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021
MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA &
SALON L.L.C
Account ending in: 3002
1
11. At this time, Defendant owes $5,312.17, on the Account. This amount includes a
2
charge-off balance of $5,312.17, post-charge-off interest of $0.00, post charge off fees and
3
charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the
4
Defendant of $0.00.
5
12. Defendant's Account has not been sold or assigned by American Express, the
6
original creditor of the account.
7
13. The information set forth herein is true and correct to the best of the undersigned's
8
knowledge, information and belief and, if called as a witness, I could competently testify thereto.
9
14. Upon information and belief, the Defendant is not now, nor has been within 30
10
days hereof, in the military service of the United States as defined in the Servicemembers Civil
11
Relief Act as amended nor an infant, incompetent, under mental defect or infirm.
12
13
WHEREFORE, deponent demands judgment against Defendant for $5.312.17. together with the
14
costs and disbursements of this action.
15
The above statements are true and correct to the best of my personal knowledge.
16
Dated: B
18 Name: Vivian Hinds
Title: Assistant Custodian of Records
19
STATE OF ARIZONA
20 COUNTY OF MARICOPA
21 Subscribed and sworn (or before me this of , 2021
affirmed) day
22
(Seal)
23
Notary
ARIE-.EVANS
25 3.k-Argona
Mariccca courty
5 Cerrorissier : 599937 ARIE-EVANS
MaricocaCsecty
Comrrissier * 599937
27 y comm. Exaes war n 2c2s
- - - - - - - - - .. ,-
28
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FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021
SUPREME COURT
COUNTY OF ESSEX STATE OF NEW YORK
AMERICAN EXPRESS NATIONAL BANK,
Index No. CV21-0087
Plaintiff,
vs.
MICHELLE HOGAN AKA MICHELLE RENEE HOGAN CERTIFICATE OF
and ELEMENT DAY SPA & SALON L.L.C, CONFORMITY
Defendant(s).
I, M'Cori Van Ess, an attorney at law for the State of Arizona, who resides in the State of
Arizona, and is fully acquainted with the laws of the State of Arizona pertaining to the
acknowledgment or proof of deeds of real property to 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 acknowledgment or proof upon
the foregoing document was taken by Ariel Evans, a Notary Public in the State of Arizona, in the
manner proscribed by the State of Arizona, and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set my signature, this day of
lcEf , 2021.
M'Cori Van Ess, ESQ (AZ Bar # 025797)
Zwicker & Associates, P.C.
1225 West Washington Street, Ste 110
Tempe, Arizona 85281
(877) 236-4042, extension 1362
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"A"
EXHIBIT
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Cardmember Agreement: Part 1 of 2 As of: 06/27/2017
Business Gold Rewards Card Company Name:ELEMENT SPA SALON
Issuer: American Express Bank, FSB Cardmsmber Name: MICHELLE HOGAN
Spending Limit: $2,900 Account Ending In: 13002
Fees Table
Annual Membership Fee $175
Transaction Fees
• Foreign Transaction None
Penalty Fees
• Late Payrñêñt $38 or 2.99% of any past due Pay in Full amount, whichever is greater.
• Returned Payment $38
How we ce!cu!ate interest: We use the Averags Daily Balance method (including new tranoscuche). See the How we
calculate interest section in Part 2.
349992175579307 CMAEUAOT0000010 997177 997153 Page 1 of 2
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How Rates and Fees Work
Rates for Pay Over Time balances See About Pay Over Time features in Part 2 of this Agreeneevet
When the penalty APR will The Penalty APR applies to Pay Over Time balances if:
apply • you do not pay at least the Minimum Paymeñt Due by the Closing Date of the billing period in
which it is due 2 times in 12 billing periods,
• you do not pay at least the Min!mum Payment Due by the Closing Date of the billing period in
which it is due and you still do not pay it by the Closing Date of the next billing period, or
• your payment is returned by your bank.
How long the penalty APR The penalty APR will apply until after you have made timely paymec with no returned payments for
will apply 12 billing periods in a row.
Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $50 for the first Add|Go-
Gold Card and no annual membership fee for each Additional Gold Card thereafter. The ==:im. m
number of Additional Cards on an Account is 99.
Late Payment $38 if you do not pay the Amount Due on a billing 5tãtG6i661before the 10th day after the next Closing
Date.
Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an
additione! fee in that same billing period of the greater of $38 or 2.99% of any past due Pay In Full
amounts.
For each fo||Gw|ñ¡ Closing Date that an amount past due remains unpaid, we may charge a fee of the
greater of $38 or 2.99% of any past due Pay In Full amounts.
Your late fee will not exceed the Amount Due or any limit established by applicable law.
Paying late may also result in a penalty APR. See When the penalty APR will apply above.
Returñsd Payment $38 if your payment is returned unpaid the first time we present it to your bank. A retumed payment
may also result in a penalty APR for Pay Over Time ba!ences See When the penalty APR will apply
above.
Rcturnsd Check $38 if you use your card to cash a check at one of our âppraved locations and the check is retumed
unpaid. We will also charge you the unpaid amount.
Foreign Transaction None
Part 1, Part 2 and any supp|smants or smer.±-.cats make up your Cardmember Agrssmsñt.
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27898
Notice of Updates to the Additional Benefits of Your Card
We are making several updates to your card benefits on Geptember 1, 2017. These benefits are provided to you as part of your Card
Membership at no additional charge. Key updates are deauiised in more detail below. If you would like more information about these
updates or to receive a Descr|pticñ of Coverage, please visit amedúà ñexps-wr u;uo to see benefits specific to your Card
or call 1-800-854-9783 Monday-Friday 8 am to 8 pm and Saturday 9 am to 6 pm ET.
Insurance* coverage
Car Rental Loss and Damage
• Car Rental Loss and Damage |ñsurance coverage will now apply to vehicles rented in Ireland, Israel and Jamaica. Consistent with
your current benefit, coverage will not apply to vehicles rented in Australia, Italy, and New Zealand.
• In addition to the vehicle types currently covered, eligible rental vehicles will now include certain types of full sized sport utility
vehicles, exuliciexpensive cars, full sized vans, trucks, pick-ups and cargo vans.
Protection*
Purchase coverage
• In addition to your current coverage, Purchase Protection will now include incidents related to Natural Disasters with a :::::
per eccürrence limit of $500 per incident, and will also apply to items stolen from motor vehicles.
+
Extended Warranty +, Baggage Insurance Plan +, Travel Accident Insurance +, Purchase P=tsctice and Car Rental Loss and
Damage Insurance coverage, as applicable to your Card.
We have updated several doNuens and exclusions to clarify our claim edm!n!etret!on process and the nescription of Coverage. For
êxample, your Baggage Insurance Plan is clarified to advise that medications, prosthetics, perishables, eyegiâeses and hearing aids
are iné||gible for benefits. Similarly, certain exclusions are clarified to state that losses caused by civil distürbëñce, riot or parUdpeUen in
a felony are inc||gib|é for benefits.
Additiana||y, we have clarified that benefits above and Return Protection will be applicab|ê when you activate the benefit by using your
Card to make a purchase.
Global Assist® Hotline service
• Global Assist® Hotline will no longer provide the Destination Guide, an online resource for travel !ñferm÷t!Gñ. For more information
please call 1-800-333-2639.
*Insurance Coverages st::±s by AMEX Assurance Company, Administrative Office, Phoenix, AZ. For residents of GU and MP, cüverages are
underwritten by Tokio Marine Pacific Insurance Limited, Hagatna, Guam under Policy Numbers CRCB000000107 for BlP, CRCR000000iu6 for CRLDI,
CRCP000000iü9 for EW, CRCB000000i10 for PP, and CRGBO00000111for TAl. This benefit is not available to residents of American Samoa,
Federated States of Micronesia, Marshall Islands, Palau and the US Minor Outlying Islands. Coverage is determined by the terms, conditions, and
evdminns of the Policies (including Descriptions of rnvamga) appkab!e to your Card and is subject to change with notice. This document does not
spp'ssr.: or replace the Policies. AAC policy Numbers for EW Policy AX0953, Policy AX0953-PR, Policy AX0953-VI or Policy EW-IND; AAC policy
Numbers for BlP Policy AX0400, Policy AX0400 PR, Policy AX0400-VI or Policy BlP-IND; AAC policy Numbers for TAl Policy AX0948, Policy AX0948-
PR, Policy AX0948-VI or Policy TAl-IND; AAC policy Numbers for PP Policy AX0951, Policy AX0951-PR, Policy AX0951-VI or Policy PP-IND; AAC
policy Numbers for CRLDI Policy AX0925, Policy AX0925-PR, Policy AX0925-VI or Policy CRLDI-lND.
+ Travel Accident Insurance updates do not apply to residents of the state of W hh:gs:. In addition, all benefit coverage updates described above do
not apply to residents of Guam and Northern Mariana Islands.
CMAEUDFYl000117 Page 1 of 2
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This page intent!ena!!y left blank.
CMAEUDFYl000117 Page 2 of 2
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FDR 997177 °°°28234
Cardmember Agreement: Part 2 of 2
How Your American Express Account Works
Introduction
About your Cardmember This decüment together with Part 1 make up When you or an Addit!ena! Ca.2......Ls, as defined
Agreement the Cardmember Auracmont (Agreeméñt) for below, use the Account (or sign or keep a card), you
the Account identified on page 1 of Part 1. Any agree to the terms of the Agicomcat.
eupp|aments or amendmsnis are also part of the
Agreement.
Words we use in the We, us, and our mean the issuer shown on page Card means any card or other device that we issue
Agrssmêñt 1 of Part 1. Except as provided below, Basic to access your Account. A charge is any amount
Cardmember means the person who applied added to your Account, such as purchases and fees.
for this Account or to whom we address billing A purchase is a charge for goods or services.
oiaioma,ûo. Company means the business for which To pay by a certain date means to send your payment
the Account is established. You and your mean the so that we receive it and credit it to your Account by
Basic Cardmember and the Company. You agree, that date (see About your payments in Part 2).
jointly and severally, to be bound by the terms of this
Agreement.
Additional Cardmembers At your request, we may issue cards to Additioñâ/ You authorize us to give Additional C:rd =::±ers
Cardmembers. They do not have accounts with us infGrmation about the Account and to discuss it with
but they can use your Account subject to the terms of them.
this Agreement. If you want to cancel an Additional Cardmember's
You are is:;:r!i!: for all use of the Account by right to use your Account (and cancel their card) you
Additional Cardmembers and anyone they allow must tell us.
to use the Account. You must pay for all charges
We may refer to Additional Card(s) and Additional
they rnake. You must share this agreement with all as Employee Card(s) and Employee
Cäidmc±er(s)
Ad-,acna, Cardmembers.
Cardmember(s). AII terms and w.d!t!one that apply to
You must tell Additional Cardmembers that: Add|t;Gaâ| Cards also apply to Employee Cards.
• we may obtain, provide and use infecm:t|cr, about
them.
• their use of the Account is subject to this
Agreement.
- - and liabilities of the Basic Cãrdmember
Replacement Basic You must tell us if the Basic C is no longer ct!!;2t!es
Cardmember an emp:Gyéé or officer of the Company or does not under this Agreement, as of the date that such person
want to be the Basic Cardmember. In that case, you replaces the Basic Cardmember. That person is
must either close the Account, or propose another subject to our approval.
person to replace the Basic Cardmeder. You agree that the Basi
Preview
FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA & SALON L.L.C Account ending in: 3002 1 . AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR 3 The undersigned, being duly sworn, deposes and says: 4 1. This Affidavit of Facts by Original Creditor is intended to comply with the 5 Uniform Civil Rules for SUPREME Courts. See below in this paragraph 1, and also below in 6 paragraphs 4, 9, and 11. I am an Assistant Custodian of Records of Plaintiff, AMERICAN 7 EXPRESS NATIONAL BANK ("Plaintiff"), a national bank organized under the laws of the 8 Express" United States, ("American hereinafter), with its headquarters located at 115 W. Towne 9 Ridge Parkway, Sandy, Utah 84070, and I have personal knowledge of and access to Plaintiff's 10 books and records, relating to the account ("Account") of MICHELLE HOGAN AKA 11 MICHELLE RENEE HOGAN and ELEMENT DAY SPA & SALON L.L.C ("Defendant"). 12 The last four digits of the Account number are 3002. In my position as Assistant Custodian of 13 Records for American Express, I have personal knowledge of Plaintiff's procedures for creating 14 and maintaining its Business Records. Plaintiff's Business Records were made in the regular 15 course of business, and it was in the regular course of such business to make the Business 16 Records. The records were made at or near the time of the events recorded. Based on my review 17 of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 18 2. I am familiar with the ongoing credit card business operations and practices of 19 American Express, particularly with respect to its recordkeeping computer systems, credit card 20 agreements and billing for various types of accounts issued by American Express. I have access 21 to the business records relating to credit card accounts issued by American Express, including, in 22 particular, the records of cardmember accounts and the applicable card agreements. I have 23 Express' personal knowledge of American regular practices and procedures with respect to: (a) 24 the transmittal of credit card account agreements, notices, billing statements, and other 25 documents; and (b) quality assurance controls utilized to ensure that such transmittals are properly made. I also have access to and am generally familiar with the cardmember account 27 records created and maintained by American Express. Except where based on my review of 28 ZANY NY_AENB 001 1 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA & SALON L.L.C Account ending in: 3002 records and documents regularly maintained in the ordinary course of business, all of the matters 2 set forth herein are within my personal knowledge and, if called as a witness, I could 3 competently testify thereto. 4 3. In my experience, the systems used by American Express to create and maintain 5 data for and to produce billing statements and other documents are reliable and kept in a good 6 Express' state of repair, and American procedures for inserting transaction and other data into 7 the systems have built-in safeguards to ensure accuracy and identify errors. Duplicate statements 8 can be obtained only by authorized American Express personnel or authorized agents pursuant to 9 proper procedures, which must be followed in order to obtain the statements. The other records 10 referred to herein were created and kept in the ordinary course of business by American Express 11 and were created at or near the time of the occurrence of the matters set forth by those records 12 and/or were created based upon information transmitted by a person with knowledge of the 13 matters set forth in those records. It is the regular business practice of American Express to make 14 and keep said records. The statements contained in this affidavit are made based on my personal 15 knowledge of the business records practices of American Express. 16 4. Plaintiff and Defendant entered into a credit agreement ("Agreement"). Defendant 17 agreed to pay Plaintiff for all goods, services and cash advances provided pursuant to the 18 Agreement. The amount of the last payment, if any, made by Defendant was $300.00, made on 19 12/04/18. Defendant is now in default and demand for payment has been made. A true and 20 "A." correct copy of the Agreement is attached as Exhibit 21 5. All American Express credit card accounts are governed by a written agreement 22 setting forth the terms and conditions of the account. When an American Express account is 23 opened, the Cardmember Agreement is provided to the cardmember. The Cardmember 24 Agreement provides that use of the card constitutes acceptance of the agreement. A true and 25 "B." correct copy of the billing statement showing the most recent payment is attached as Exhibit 26 6. All American Express Cardmember Agreements expressly provide that American 27 Express may change the terms of the Cardmember Agreement from time to time. American 28 ZANY NY_AENB_001 2 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA & SALON L.L.C Account ending in: 3002 1 Express advises current cardholders of changes through change-in-terms notices, which are 2 either mailed to American Express cardmembers in separate mailings or included with or printed 3 cardmembers' on the monthly billing statements. 4 Express' 7. I have personally reviewed American records concerning Defendant. 5 Those records reflect that Defendant opened the Account in 11/05/14. Consistent with American 6 Express' Express' standard business practices, American records reflect that it mailed 7 Defendant's credit card, together with a copy of Defendant's Cardmember Agreement, to 8 Defendant when American Express opened Defendant's Account. Copies of each of these 9 Cardmember Agreements were transmitted to Defendant as they were periodically revised or 10 updated. 11 8. American Express maintains computerized records of the amounts due and owing 12 to American Express for any transactions that occur when an individual uses an American 13 Express credit card. The computerized records reflect all debits and credits in connection with 14 the use of an American Express credit card. American Express sends or otherwise makes 15 available monthly billing statements to cardmembers who carry a balance or are otherwise 16 required to receive a monthly statement. 17 9. I have personal knowledge of Plaintiff's procedures for generating and mailing 18 account statements to customers. It is the regular practice of Plaintiff's business to provide 19 periodic account statements to its customers. On or about 04/23/19, Plaintiff sent one or more 20 account statements relating to the Account to Defendant stating the amount due as $5,312.17. 21 The account statements were mailed to Defendant's last known address and Plaintiff's records do 22 not reflect that the statement(s) were returned by the post office or that the Defendant objected to 23 them. A true and correct copy of the final account statement is attached as Exhibit "C". 24 Express' 10. Pursuant to American records, under the terms of the Cardmember 25 Agreement, Defendant defaulted in making the payments due on the Account. American 26 Express' records reflect that American Express closed Defendant's Account. 27 28 ZANY NY AENB_001 3 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 MICHELLE HOGAN AKA MICHELLE RENEE HOGAN and ELEMENT DAY SPA & SALON L.L.C Account ending in: 3002 1 11. At this time, Defendant owes $5,312.17, on the Account. This amount includes a 2 charge-off balance of $5,312.17, post-charge-off interest of $0.00, post charge off fees and 3 charges of $0.00, less any post-charge-off credits or payments made by or on behalf of the 4 Defendant of $0.00. 5 12. Defendant's Account has not been sold or assigned by American Express, the 6 original creditor of the account. 7 13. The information set forth herein is true and correct to the best of the undersigned's 8 knowledge, information and belief and, if called as a witness, I could competently testify thereto. 9 14. Upon information and belief, the Defendant is not now, nor has been within 30 10 days hereof, in the military service of the United States as defined in the Servicemembers Civil 11 Relief Act as amended nor an infant, incompetent, under mental defect or infirm. 12 13 WHEREFORE, deponent demands judgment against Defendant for $5.312.17. together with the 14 costs and disbursements of this action. 15 The above statements are true and correct to the best of my personal knowledge. 16 Dated: B 18 Name: Vivian Hinds Title: Assistant Custodian of Records 19 STATE OF ARIZONA 20 COUNTY OF MARICOPA 21 Subscribed and sworn (or before me this of , 2021 affirmed) day 22 (Seal) 23 Notary ARIE-.EVANS 25 3.k-Argona Mariccca courty 5 Cerrorissier : 599937 ARIE-EVANS MaricocaCsecty Comrrissier * 599937 27 y comm. Exaes war n 2c2s - - - - - - - - - .. ,- 28 ZANY NY_AENB_001 4 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 SUPREME COURT COUNTY OF ESSEX STATE OF NEW YORK AMERICAN EXPRESS NATIONAL BANK, Index No. CV21-0087 Plaintiff, vs. MICHELLE HOGAN AKA MICHELLE RENEE HOGAN CERTIFICATE OF and ELEMENT DAY SPA & SALON L.L.C, CONFORMITY Defendant(s). I, M'Cori Van Ess, an attorney at law for the State of Arizona, who resides in the State of Arizona, and is fully acquainted with the laws of the State of Arizona pertaining to the acknowledgment or proof of deeds of real property to 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 acknowledgment or proof upon the foregoing document was taken by Ariel Evans, a Notary Public in the State of Arizona, in the manner proscribed by the State of Arizona, and conforms to the laws thereof in all respects. IN WITNESS WHEREOF, I have hereunto set my signature, this day of lcEf , 2021. M'Cori Van Ess, ESQ (AZ Bar # 025797) Zwicker & Associates, P.C. 1225 West Washington Street, Ste 110 Tempe, Arizona 85281 (877) 236-4042, extension 1362 5 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF 3 DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 "A" EXHIBIT 6 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 Cardmember Agreement: Part 1 of 2 As of: 06/27/2017 Business Gold Rewards Card Company Name:ELEMENT SPA SALON Issuer: American Express Bank, FSB Cardmsmber Name: MICHELLE HOGAN Spending Limit: $2,900 Account Ending In: 13002 Fees Table Annual Membership Fee $175 Transaction Fees • Foreign Transaction None Penalty Fees • Late Payrñêñt $38 or 2.99% of any past due Pay in Full amount, whichever is greater. • Returned Payment $38 How we ce!cu!ate interest: We use the Averags Daily Balance method (including new tranoscuche). See the How we calculate interest section in Part 2. 349992175579307 CMAEUAOT0000010 997177 997153 Page 1 of 2 7 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 How Rates and Fees Work Rates for Pay Over Time balances See About Pay Over Time features in Part 2 of this Agreeneevet When the penalty APR will The Penalty APR applies to Pay Over Time balances if: apply • you do not pay at least the Minimum Paymeñt Due by the Closing Date of the billing period in which it is due 2 times in 12 billing periods, • you do not pay at least the Min!mum Payment Due by the Closing Date of the billing period in which it is due and you still do not pay it by the Closing Date of the next billing period, or • your payment is returned by your bank. How long the penalty APR The penalty APR will apply until after you have made timely paymec with no returned payments for will apply 12 billing periods in a row. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $50 for the first Add|Go- Gold Card and no annual membership fee for each Additional Gold Card thereafter. The ==:im. m number of Additional Cards on an Account is 99. Late Payment $38 if you do not pay the Amount Due on a billing 5tãtG6i661before the 10th day after the next Closing Date. Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an additione! fee in that same billing period of the greater of $38 or 2.99% of any past due Pay In Full amounts. For each fo||Gw|ñ¡ Closing Date that an amount past due remains unpaid, we may charge a fee of the greater of $38 or 2.99% of any past due Pay In Full amounts. Your late fee will not exceed the Amount Due or any limit established by applicable law. Paying late may also result in a penalty APR. See When the penalty APR will apply above. Returñsd Payment $38 if your payment is returned unpaid the first time we present it to your bank. A retumed payment may also result in a penalty APR for Pay Over Time ba!ences See When the penalty APR will apply above. Rcturnsd Check $38 if you use your card to cash a check at one of our âppraved locations and the check is retumed unpaid. We will also charge you the unpaid amount. Foreign Transaction None Part 1, Part 2 and any supp|smants or smer.±-.cats make up your Cardmember Agrssmsñt. 349992175579307 CMAEUAOT0000010 997177 997153 Page 2 of 2 8 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 27898 Notice of Updates to the Additional Benefits of Your Card We are making several updates to your card benefits on Geptember 1, 2017. These benefits are provided to you as part of your Card Membership at no additional charge. Key updates are deauiised in more detail below. If you would like more information about these updates or to receive a Descr|pticñ of Coverage, please visit amedúà ñexps-wr u;uo to see benefits specific to your Card or call 1-800-854-9783 Monday-Friday 8 am to 8 pm and Saturday 9 am to 6 pm ET. Insurance* coverage Car Rental Loss and Damage • Car Rental Loss and Damage |ñsurance coverage will now apply to vehicles rented in Ireland, Israel and Jamaica. Consistent with your current benefit, coverage will not apply to vehicles rented in Australia, Italy, and New Zealand. • In addition to the vehicle types currently covered, eligible rental vehicles will now include certain types of full sized sport utility vehicles, exuliciexpensive cars, full sized vans, trucks, pick-ups and cargo vans. Protection* Purchase coverage • In addition to your current coverage, Purchase Protection will now include incidents related to Natural Disasters with a ::::: per eccürrence limit of $500 per incident, and will also apply to items stolen from motor vehicles. + Extended Warranty +, Baggage Insurance Plan +, Travel Accident Insurance +, Purchase P=tsctice and Car Rental Loss and Damage Insurance coverage, as applicable to your Card. We have updated several doNuens and exclusions to clarify our claim edm!n!etret!on process and the nescription of Coverage. For êxample, your Baggage Insurance Plan is clarified to advise that medications, prosthetics, perishables, eyegiâeses and hearing aids are iné||gible for benefits. Similarly, certain exclusions are clarified to state that losses caused by civil distürbëñce, riot or parUdpeUen in a felony are inc||gib|é for benefits. Additiana||y, we have clarified that benefits above and Return Protection will be applicab|ê when you activate the benefit by using your Card to make a purchase. Global Assist® Hotline service • Global Assist® Hotline will no longer provide the Destination Guide, an online resource for travel !ñferm÷t!Gñ. For more information please call 1-800-333-2639. *Insurance Coverages st::±s by AMEX Assurance Company, Administrative Office, Phoenix, AZ. For residents of GU and MP, cüverages are underwritten by Tokio Marine Pacific Insurance Limited, Hagatna, Guam under Policy Numbers CRCB000000107 for BlP, CRCR000000iu6 for CRLDI, CRCP000000iü9 for EW, CRCB000000i10 for PP, and CRGBO00000111for TAl. This benefit is not available to residents of American Samoa, Federated States of Micronesia, Marshall Islands, Palau and the US Minor Outlying Islands. Coverage is determined by the terms, conditions, and evdminns of the Policies (including Descriptions of rnvamga) appkab!e to your Card and is subject to change with notice. This document does not spp'ssr.: or replace the Policies. AAC policy Numbers for EW Policy AX0953, Policy AX0953-PR, Policy AX0953-VI or Policy EW-IND; AAC policy Numbers for BlP Policy AX0400, Policy AX0400 PR, Policy AX0400-VI or Policy BlP-IND; AAC policy Numbers for TAl Policy AX0948, Policy AX0948- PR, Policy AX0948-VI or Policy TAl-IND; AAC policy Numbers for PP Policy AX0951, Policy AX0951-PR, Policy AX0951-VI or Policy PP-IND; AAC policy Numbers for CRLDI Policy AX0925, Policy AX0925-PR, Policy AX0925-VI or Policy CRLDI-lND. + Travel Accident Insurance updates do not apply to residents of the state of W hh:gs:. In addition, all benefit coverage updates described above do not apply to residents of Guam and Northern Mariana Islands. CMAEUDFYl000117 Page 1 of 2 9 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 This page intent!ena!!y left blank. CMAEUDFYl000117 Page 2 of 2 10 of 28 FILED: ESSEX COUNTY CLERK 10/12/2021 03:21 PM INDEX NO. CV21-0087 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/12/2021 FDR 997177 °°°28234 Cardmember Agreement: Part 2 of 2 How Your American Express Account Works Introduction About your Cardmember This decüment together with Part 1 make up When you or an Addit!ena! Ca.2......Ls, as defined Agreement the Cardmember Auracmont (Agreeméñt) for below, use the Account (or sign or keep a card), you the Account identified on page 1 of Part 1. Any agree to the terms of the Agicomcat. eupp|aments or amendmsnis are also part of the Agreement. Words we use in the We, us, and our mean the issuer shown on page Card means any card or other device that we issue Agrssmêñt 1 of Part 1. Except as provided below, Basic to access your Account. A charge is any amount Cardmember means the person who applied added to your Account, such as purchases and fees. for this Account or to whom we address billing A purchase is a charge for goods or services. oiaioma,ûo. Company means the business for which To pay by a certain date means to send your payment the Account is established. You and your mean the so that we receive it and credit it to your Account by Basic Cardmember and the Company. You agree, that date (see About your payments in Part 2). jointly and severally, to be bound by the terms of this Agreement. Additional Cardmembers At your request, we may issue cards to Additioñâ/ You authorize us to give Additional C:rd =::±ers Cardmembers. They do not have accounts with us infGrmation about the Account and to discuss it with but they can use your Account subject to the terms of them. this Agreement. If you want to cancel an Additional Cardmember's You are is:;:r!i!: for all use of the Account by right to use your Account (and cancel their card) you Additional Cardmembers and anyone they allow must tell us. to use the Account. You must pay for all charges We may refer to Additional Card(s) and Additional they rnake. You must share this agreement with all as Employee Card(s) and Employee Cäidmc±er(s) Ad-,acna, Cardmembers. Cardmember(s). AII terms and w.d!t!one that apply to You must tell Additional Cardmembers that: Add|t;Gaâ| Cards also apply to Employee Cards. • we may obtain, provide and use infecm:t|cr, about them. • their use of the Account is subject to this Agreement. - - and liabilities of the Basic Cãrdmember Replacement Basic You must tell us if the Basic C is no longer ct!!;2t!es Cardmember an emp:Gyéé or officer of the Company or does not under this Agreement, as of the date that such person want to be the Basic Cardmember. In that case, you replaces the Basic Cardmember. That person is must either close the Account, or propose another subject to our approval. person to replace the Basic Cardmeder. You agree that the Basi