Preview
FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021
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 L LLC. AS ASSIGNEE OF CITIBANK.
NA, ("Plaintiff') and 1 have access to Plaintiff s books and records ("Business Records"),
including electronics records, relating to the account ("Account") of Edward T Mcgovern . The
last four digits of the Account number are XXXXXXXXXXXX9680. 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 of business 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 09/25/2020, Plaintiff 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_. 09/25/2020
b.
c.
4. As of August 6, 2021, Defendant owes $3,098.76 on the Account. This amount includes the
charge-off balance of $3,098.76, 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 $3,098.76, together with the costs and
disbursements of this action.
The above statements are true and correct to the best of my know edge of Plaintiff's usin s reeprds.
Dated: 210
By:
Swo to before me this ay
of v4 ,.-r20 2/ .
// DANIEL D VELEZ
P li Notary Public, State of New York
Notary Registration #01VE6314317
Qualified In Bronx County
Commission Expires Nov. 3, 2022
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FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021
Contract ID: CV8MUMAA030920
Document ID: CV8MUMAA092220C12
Document ID: 090820CV1MU2IBB1
BILL OF SALE AND ASSIGNMENT
3Q2020 Retail Cards Inventory Bulk Accounts
THIS BILL OF SALE AND ASSIGNMENT dated September 25, 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 the 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. 12 dated September 22, 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:
Name: Steven Dasch
Title: Authorized Party
Cavalry 030920
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FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021
Contract ID: CV8MUMAA030920
Document ID: CV8MUMAA092220C12
Document ID: 090820CV1MU2IBAl
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 Sale
M
Lot Sale ID Accounts Balance Cut-Off Date
3Q2020 090820CVlMU2IB 9/8/2020
Retail Cards Inventory Bulk
Non-Macy's Accounts
1
Cavalry 030920
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FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021
Purchêse Date:9/25/2020
1063
1**
Data Excerpt from Exhibit
IFieFEName Data Provided
ACCOUNT NUMBER 680
SALE AMOUNT $3,098.76
ACCOUNT OPEN DATE 29-Oct-16
LAST PAYMENT DATE 29-Mar-17
CONSUMER FIRST AND MIDDLE NAME EDWARD T
CONSUMER LAST NAME MCGÓVERN
CONSUMER RESIDENCE ADDRESS 1 2126 MARVIN HOLLOW RD
CONSUMER RESIDENCE ADDRESS 2
M
CON$UMER RESIDENCE CITY WA-LTON
CO-NSUMER STATE NY
CONSUMER ZIP CODE 138563146
SIN*
CONSUMER SSN OR
*Data displayêd has been redacted for cGñsumsr privacy
**The data contained in this dooJmant was eWaded from the 6:êcticñ:c records trsasm|üGd by the seller
conceming the isfêrsñüed account
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Preview
FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021 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 L LLC. AS ASSIGNEE OF CITIBANK. NA, ("Plaintiff') and 1 have access to Plaintiff s books and records ("Business Records"), including electronics records, relating to the account ("Account") of Edward T Mcgovern . The last four digits of the Account number are XXXXXXXXXXXX9680. 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 of business 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 09/25/2020, Plaintiff 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_. 09/25/2020 b. c. 4. As of August 6, 2021, Defendant owes $3,098.76 on the Account. This amount includes the charge-off balance of $3,098.76, 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 $3,098.76, together with the costs and disbursements of this action. The above statements are true and correct to the best of my know edge of Plaintiff's usin s reeprds. Dated: 210 By: Swo to before me this ay of v4 ,.-r20 2/ . // DANIEL D VELEZ P li Notary Public, State of New York Notary Registration #01VE6314317 Qualified In Bronx County Commission Expires Nov. 3, 2022 1 of 4 FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021 Contract ID: CV8MUMAA030920 Document ID: CV8MUMAA092220C12 Document ID: 090820CV1MU2IBB1 BILL OF SALE AND ASSIGNMENT 3Q2020 Retail Cards Inventory Bulk Accounts THIS BILL OF SALE AND ASSIGNMENT dated September 25, 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 the 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. 12 dated September 22, 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: Name: Steven Dasch Title: Authorized Party Cavalry 030920 2 of 4 FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021 Contract ID: CV8MUMAA030920 Document ID: CV8MUMAA092220C12 Document ID: 090820CV1MU2IBAl 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 Sale M Lot Sale ID Accounts Balance Cut-Off Date 3Q2020 090820CVlMU2IB 9/8/2020 Retail Cards Inventory Bulk Non-Macy's Accounts 1 Cavalry 030920 3 of 4 FILED: DELAWARE COUNTY CLERK 09/20/2021 01:24 PM INDEX NO. EF2021-628 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 09/20/2021 Purchêse Date:9/25/2020 1063 1** Data Excerpt from Exhibit IFieFEName Data Provided ACCOUNT NUMBER 680 SALE AMOUNT $3,098.76 ACCOUNT OPEN DATE 29-Oct-16 LAST PAYMENT DATE 29-Mar-17 CONSUMER FIRST AND MIDDLE NAME EDWARD T CONSUMER LAST NAME MCGÓVERN CONSUMER RESIDENCE ADDRESS 1 2126 MARVIN HOLLOW RD CONSUMER RESIDENCE ADDRESS 2 M CON$UMER RESIDENCE CITY WA-LTON CO-NSUMER STATE NY CONSUMER ZIP CODE 138563146 SIN* CONSUMER SSN OR *Data displayêd has been redacted for cGñsumsr privacy **The data contained in this dooJmant was eWaded from the 6:êcticñ:c records trsasm|üGd by the seller conceming the isfêrsñüed account 4 of 4