Preview
INDEX NO. 501336/2021
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NYSCEF DOC. NO. 6
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1408205
COUNTY OF PUTNAM
cee
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CITIBANK, N.A.
Plaintiff
-against-
AMANDA LAPECCERELLA
Index No. 501336/2021
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Defendant (s)
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INDEX NO. 501336/2021
NYSCEF DOC. NO. 6 HEED
TARR TAs 2023
000006141156
SUPREME COURT OF THE STATE OF NEW YORK Our File No. 1408205
COUNTY OF PUTNAM
wee nnn ee nn ne ee eee ee eee
CITIBANK, NLA.
Plaintifé,
-against-
Index No. 501336/2021
AMANDA LAPECCERELLA
Defendant.
ween eee - eee eee
eee eee ee eee
COVER SHEET
TO BE ATTACHED
AFFIDAVIT OF MERIT
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
CITIBANK, N.A.
INDEX NO.: 501336/2021
Plaintiff,
vs.
Case No.
AMANDA LAPECCERELLA
Defendant.
AFFIDAVIT OF FACTS BY ORIGINAL CREDITOR
STATE OF KENTUCKY )
) ss.
COUNTY OF BOONE )
The undersigned, being duly sworn, deposes and says:
1am an employee of Citibank, N.A. ("Citibank"), and | have personal knowledge of and access to Citibank’s books and
records ("Business Records"), including electronic records, relating to the account of AMANDA LAPECCERELLA
("Account"). The last 4 digits of the account number are 1566. In my position, | have personal knowledge of Citibank’s
procedures for making and maintaining its Business Records. Plaintiffs Business records were made in the regular
course of business and it was the regular course of business to make the Business Records. The Business Records
were made at or near the time of the events recorded. Based upon my review of the Plaintiff's Business Records, | have
personal knowledge of the facts set forth within this affidavit.
Citibank and Defendant entered into a credit agreement ("Agreement'), the terms of which Agreement are reflected in the
periodic statements delivered to Defendant by Citibank. Defendant agreed to pay Citibank for all goods and services [and
cash advances] provided pursuant to the Agreement. No payment was made on the account. Defendant is now in default
and demand for payment has been made. A true and correct copy of the charge-off statement is attached as Exhibit A to
this affidavit.
I have personal knowledge of Plaintiffs procedures for generating and providing account statements to customers. Itis
the regular practice of Plaintiffs business to provide periodic account statements to its customers. On or about
06/21/2021, Plaintiff sent or otherwise made available one or more account statements relating to the Account to
Defendant stating the amount due as $2,336.28. A true and correct copy of the final account statement(s) is attached as
an exhibit to this affidavit.
At this time, Defendant owes $2,336.28 on the Account. This amount includes a charge-off balance of $2,336.28, post-
charge-off interest of $0.00, post-charge-off fees and charges of $0.00, less any post-charge-off credits or payments
made by or on behalf of the Defendant of $0.00.
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WHEREFORE, Deponent demands judgment against Defendant for $2,336.28, (plus interest from N/A, if applicable), together with
the costs and disbursements of this action.
| solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true.
EXECUTED on Oot 7.2 Bf
Signature
Lakendra White
Name
STATE OF KENTUCKY )
Ss.
COUNTY OF BOONE )
Subscribed and sworn to before me by Lakendra White this 7 day of O tt wl
[SEAL]
Notary Public
October 22, 2021
My commission expires:
Notary Public, 1a Eder a8
Personally known _—~_ OR at Large,Ke entuct
Produced identification
jctober
22, 2021
Type of identification produced:
N/A
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INDEX NO. 501336/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/05/2021
CERTIFICATE OF CONFORMITY
I, Kyle Michael, an attorney-at-law of the State of Kentucky who is licensed to practice law in the State of
Kentucky and is fully acquainted with the laws of the State of Kentucky pertaining to the 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 Kathleen
Daugherty, notary public in the State of Kentucky, in the manner prescribed by the laws of the State of
Kentucky and conforms to the laws thereof in all respects.
IN WITNESS WHEREOF, I have hereunto set &) ignature, this 7th day of
October, 2021.
Kyle Michael
Kentucky Bar #97520
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Account Statement
‘Send Notice of Bl Errore and Customer Service Inquiriesto:
6 Customer Service: BEST BUY CREDIT SERVICES
PO Box 790441,St. Louis, MO 63179
My Best Buy®
os Account Inquiries:
Credit Card 1-888-620-5879
at
(s jummary of Account Activity (payment Information
Previous Balance $2,281.23 New Balance $2,336.28
Payments -$0.00 Minimum Payment Due $535.00
Other Credits -$0.00 Payment Due Date duly 16, 2021
Purchases. +$0.00
Cash Advances. +$0.00 Late Payment Warning: If we do not receive your minimum payment by the
Fees Charged +$40.00 date listed above, you may have to pay alate fee up to $40.
Interest Charged +$15.05 Minimum Payment Warning: If you make only the minimum payment each
New Balance $2,336.28 period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
4
\Past Due Amount $456.00 J TIE: ei ional, Inpay.or
Re Ana youwil
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in rd
id eaclSean ‘esti
(Credit Limit $0.00 Only the minimum payment 12 years $6,101
Available Credit $0.00 $103 3 years (Savings. $2,285)
Amount Over Credit Limit $336.28
Statement Closing Date 06/21/2021 If you would like information about credit counseling services, call 1-877-337-8188.
Next Statement Closing Date 07/22/2021
\Days in Billing Cycle 31) —_/
New York residents may contact the New York State Department of Financial Services by telephone, 1-800-342-3736, or visit its website, www.dfs.ny.gov,
for free information on comparative credit card rates, fees and grace periods.
You must pay your promotional balance of $386.49 in full by 12/16/21 to avoid paying deferred interest charges
You must pay your promotional balance of $400.00 in full by 12/16/21 to avoid paying deferred interest charges.
You must pay your promotional balance of $300.00 in full by 12/16/21 to avoid paying deferred interest charges.
You must pay your promotional balance of $500.00 in full by 06/16/22 to avoid paying deferred interest charges.
BHN 14
PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page 1 of 4 This Account Is Issued by Citibank, N.A.
Please detach
nana eee------- + Please detach and return lower
and return lower portion
porfon with
wi. your payment insure proper cre | Upper rye
Your Account Number Is mmm 1566
Payment Due Date July 16, 2021
PO BOX New Balance $2,336.28
‘SIOUX FALLS, SD 57117-6204 $456.00
Past Due Amountt
Minimum Payment Due $535.00
yi
Statement Enclosed
‘tPast Due Amount is included in the Minimum Payment Due.
Please print address changes on the reverse side.
Make Checks Payable tow
BEST BUY CREDIT SERVICES
AMANDA LAPECCERELLA PO BOX 70601
PHILADELPHIA, PA 19176-0601
9 MUELLER MOUNTAIN RD
PUTNAM VALLEY, NY 10579-3313
EXHIBIT A
O4400 0053500 0233b28 OOO0000 SEG 1410
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/05/2021
Information About Your Account. + Express Mall, Send payment by express mail to: Consumer Payment Dept. 6716 Grade
How to Avold Paying Interest on Purchases. Your payment due date is at least 25 days Lane, Building 9, Suite 910, Louisville, KY 40213.
after the close of each billing cycle. We will not charge you any interest on purchases if you + Crediting Payments other than by Mail. The payment cutoff time for Online bill
pay your New Balance by the payment due date each month. This is called a grace period payments, Phone payments, and Express Mail payments is midnight Eastern time.
on purchases. To get a grace period on purchases you must pay the New Balance by the means that we will credit your account as of the calendar day, based on Eastern time,
payment due date every billing cycle. If you do not, you will not get a grace period until you that we receive your payment request.
pay the New Balance for two billing cycles in a row. Hf you send an eligible check with this payment coupon, you authorize us to complete
If you have a balance subject to a deferred interest promotion and that promotion does not your payment by electronic debit. If we do, the checking account will be debited in the
expire before the payment due date, that balance (an “excluded balance") is excluded from amount on the check. We may do this as soon as the day we receive the check. Also,
the amount you must pay in full to get a grace period on a purchase balance other than the check will be destroyed.
an excluded balance. In addition, if you have a reduced rate credit plan, that balance (an Credit Reporting Disputes. We may report information about your account to credit
“excluded balance’) is excluded from the amount you must pay in full to get a grace period bureaus. If you think we reported inaccurate information, please write us at: Credit Bureau
on a purchase balance other than an excluded balance. However, you must still pay any Dispute Verification, P.0. Box 6497, Sioux Falls, SD 57117.
separately required payment on the excluded balance. in billing cycles in which payments Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on
are allocated to deterred interest balances first, the deferred interest balance will be Pagel
‘reduced before any other balance on the account. However, you will continue to get a grace
period on purchases, other than an excluded balance, so long as you pay the New Balance What To Do If You Think You Find A Mistake On Your Statement. If you think there is an
(less any excluded balance, plus any sey rately required payment on an excluded balance) error on your statement, write to us at the address for billing errors and customer service
in full by the payment due date each ing cycle. Deferred interest offers may also be called inquiries shown on Page 1 of your statement.
Same As Cash or No interest. In your letter, give us the following information:
In addition, certain promotional of fers not described above may also allow you to have a 1, Account information: Your name and account number.
grace period on purchases without having to pay al or a portion of the promotional balance 2. Dollar amour ‘he dollar amount of the suspected error.
by the payment due date. if that is the case, the promotional offer will describe what 3. Description of Problem: If you think there is an error on your bill, describe what you
happens. believe is wrong and why you believe it is a mistake,
How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method ‘You must contact us within 60 days after the error appeared on your statement.
(including current transactions) to calculate interest charges. To find out more information
about the balance computation method and how the resulting interest charges were You must notify us of any potential errors in writing, You may call us, but if you do we are
determined, contact us at the Account Inquiries number on the front. not required to investigate any potential errors and you may have to pay the amount in
Other Account and Payment Information. question.
Payment Amount. You may pay all or part of your account balance at any time. While we investigate whether or not there has been an error, the following are true:
However, you must pay, by the payment due date, at least the minimum payment due. + We cannot try to collect the amount in question, or report you as delinquent on that
When Your Payment Will Be Credited. If we receive your payment in proper form at our amount.
processing facility by 5 p.m. local time there, it will be credited as of that day. A payment + The charge in question may remain on your statement, and we may continue to charge
received there in proper form after that time will be credited as of the next day. Allow 5 you interest on that amount. But, if we determine that we made a mistake, you will not
to7 days for payments by regular mail to reach us. There may be a delay of up to 5 days have to pay the amount in question or any interest or other fees related to that amount.
in crediting a payment we receive that is not in proper torm or is not sent to the correct + While you do not have to pay the amount in question, you are responsible for the
address. The correct address for regular mail is the address on the front of the payment remainder of your baiance.
coupon. The correct address for express mail is shown in the Express Mail section. + We can apply any unpaid amount against your crec limit.
Proper Form. For a payment sent by mail or courier tobe in proper form, you must: Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are
+ Enclose a valid check or money order. No cash, gift cards, or foreign currency please. dissatisfied with the goods or services that you have purchased with your credit card, and
+ Include your name and the last four digits of your account number. you have tried in good faith to correct the problem with the merchant, you may have the
right not to pay the remaining amount due on the purchase.
Payment Other Than By Mail. To use this right, all of the following must be true:
+ In-Store (Where Available). Any payment in proper form accepted in-store will be 1, The purchase must have been made in your home state or within 100 miles of your
credited as of that day. However, credit availability may be subject to verification current mailing address, and the purchase price must have been more than $50.
of funds. Not all stores accept payments. Contact your local store to see if in-store (Note: Neither of these are necessary if your purchase was based on an advertisement
payments are accepted at that location. we mailed to you, or if we own the company that sold you the goods or services.)
+ Ontine/AutoPay. Go to the URL on Page 1 of your statement to make a payment online. 2. You must have used your credit card for the purchase. Purchases made with cash
‘You can also enroll in AutoPay and have your payment amount automatically deducted advances from an ATM or with a check that accesses your cre ‘ard account do not
each month from the payment account you choose. qualify.
+ Phone. Call the number on Page of your statement to make a payment by phone. For 3. You must not yet have fully paid for the purchase.
phone payments, you authorize us to electronically debit your specified bank account by Hall of the criteria above are met and you are still dissatisfied with the purchase, contact us
an ACH transaction in the amount and on the date that you indicate on the phone. You in writing at the address for billing errors and customer service inquiries shown on Page | of
may cancel a phone payment by calling us at the Customer Service number at the top of
Page 1 within the time period disclosed to you on the phone. There is no fee for making a your statement.
payment using our automated voice response systern. While we investigate, the same rules apply to the disputed amount as discussed above.
+ Agent-Assisted Phone Payments. if you callus to make a payment with the assistance After we finish our investigation, we will tell you our decision. At that point, if we think
of a live agent, the payment will be applied the same day and you will be charged a you owe an amount and you do not pay, we may report you as delinquent.
$5.00 agent expedited payment fee. BBY PLA FEB20
IAJ- HN - 9038-7001-0002 - N1 -/B/- 4875660855 -E /C/-E -34-X-40 4D/-P-E- -0-Y 1E-7~ - =N=Y -0-0 4F/- 12/81/99 - 08/01/20 - 10 - May 21, 2024
IGh-N~ + + HO -YAGB-V i 20-0- + We vee ee
Page 2 of 4
Please provide change of address and update/add your
phone numbers’ here: (Use blue or black ink.
~ ———— —— —
a _ —~ _
—-— a ——
*Cell: *Home:
“Phone: By giving us a cell number or a number later converted to a
cell number, you agree that we or our service providers can contact
you at that number by autodialer, recorded or artificial voice, or a text.
Your phone plan charges may apply.
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 11/05/2021
Account: 1566
at any
Beginnin: ig in August, there will be a $5 expedited payment fee to make a same day payment with a customer service agent. To make a payment
time with no fee, including a same day payment, you can use the automated voice response system or access your account online at
bestbuy.accountonline.com.
Please note that if we received your pay by phone or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your
yment will not be reflected until your next statement.
Please update your phone number, including cell phone number on the back of the payment coupon.
TRANSACTIONS
Trans Date Description Reference # Amount
FEES.
06/16 LATE FEE $ ‘40.00
TOTAL FEES FOR THIS PERIOD $ 40.00
INTEREST CHARGED.
06/21 INTEREST CHARGE ON PURCHASES $ 15.05
TOTAL INTEREST FOR THIS PERIOD $ 15.05
Total Fees Charged in 2021 $240.00
Total Interest Charged in 2021 $71.70
ACTIVITY AND PROMOTIONS DETAIL
Original Purchases,
Promotion Deferred Promotion
Promotion Promo Payments Ci ash Adv,
Trans Fees& Interest New Minimum Interest Expiration
Trans Previous
Charges Date
Amount Date Balance Credits___ Other Debits harged Balance Payment Due
PURCHASES:
REGULAR:
$694.74 $40.00 $15.05 $749.79 -
NOINT WIYMTSFOR 2 MOS
$386.49 114620 $986.49 $386.49 $62.81 12Ne21
NO INT WIPYMTS FOR 12 MOS
$400.00 1121720 $400.00 $400.00 $63.46 s2ne2t
NO INT WPYMTSFOR 12 MOS
$300.00 41727120 $300.00 $300.00 $21.00 $46.15 42ne2t
NO INT WPYMTS FOR 16 MOS
$500.00 11/2020 $500.00 - $500.00 $35.00, $79.30 oane22
$0.00 $40.00 $15.05 $2,336.28 $56.00 $251.72
TOTAL $2,281.23
INTEREST CHARGE CALCULATION 1age Rate (APR) the annual interest rate on your accour
REGULAR 25.24% (M)(V) $701.99 $15.05
NO INT W/PYMTS FOR 12 MOS 25.24% (M)(V)
NO INT W/PYMTS FOR 12 MOS 25.24% (M)(V)
NO INT W/PYMTS FOR 12 MOS. 25.24% (M)(V)
NO INT W/PYMTS FOR 18 MOS. 25.24% (M)(V)
(V) = Variable Rate
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