On August 27, 2021 a
Party Statement
was filed
involving a dispute between
Lvnv Funding Llc,
and
Tessa Hill,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Ontario County.
Preview
FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM INDEX NO. 130418-2021
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/15/2022
Ontario County Clerk Recording Page
Return To Matthew J. Hoose, County Clerk
JAMES PAUL SCULLY Ontario County Clerk
20 Ontario Street
Canandaigua, New York 14424
(585) 396-4200
Document Type: AFFIDAVIT Receipt Number: 600634
Plaintiff Defendant
LVNV FUNDING LLC HILL, TESSA
Fees
Control #: 202203150057
Total Fees Paid: $0.00
Index #: 130418-2021
State of New York
County of Ontario
EFiling through NYSCEF with a total page count of
3.
Ontario County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
PK
Do Not Detach
1 of 3
202203150057 INDEX # : 130418-2021
Index NO. 130418-2021
FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/15/2022
RC18456
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
(Debt Buver Actiond
The undersigned, being duly sworn, deposes and says:
l. I am an employee of Credit One Bank, N.A. ("Credit One Bank") and an authorized representative of its affiliates, as
described in the Supplemental Allidavit attached hereto (collectively, "Original Creditor"), and 1 have personal knowledge of
and access to Original Creditor's books and records ("Business Records"), including electronic records, relating to a pool of
charged-off consumer credit accounts sold or assigned by Original Creditor to Sherman Originator III LLC ("Debt Buyer"), on
12/17/2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") as identified in the exhibits
attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Accounts,
including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the
Accounts to Debt Buyer. A true and correct copy of the bill ofsale or written assignment of the Account is attached as an exhibit
to this affidavit.
2. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business
Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original Creditor'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 Original
Creditor's Business Records. 1 have personal knowledge of the facts set fonh in this aiTidavit.
3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit One
Bank 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 Credit One Bank. A true and correct copy of a document provided to Consumer evidencing
the Agreement is attached as an exhibit to this aflidavit.
4. I have personal knowledge of Original Creditor's procedures for generating and mailing account statements to customers. It
is the regular practice of Original Creditor's business to provide periodic account statements to its customers. Original Creditor
sent one or more account statements relating to the Consumer's Account to Consumer on the date(s) and for the amount(s) due
set forth in an exhibit attached hereto and made a part hereof. The account statement(s) were mailed to Consumer's last known
address and Original Creditor's Business Records do not reflect that the statement(s) were returned by the post office or that the
Consumer objected to them. A true and correct copy of the most recent account statement(s) generated and mailed by Original
Creditor is attached as an exhibit to this affidavit.
5. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also
set forth the name of the Consumer; the last four digits of the Account number; the date and amount 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-atTcredits or payments made by or on behalf of the Consumer: and the balance due at the
time of the Sale. The above staten ents are true and coÀect to the best of my personal knowledge.
Nancy Earle
uploy f Bank, N.A.
ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY
STATE OF NEVADA )
) ss.
COUNTY OF CLARK )
This instrument was acknowledged before me on the A day of IV7 • , 20. by Nancy Earte
Employee of Credit One Bank, N.A. __....
ury Public
JENNIFER HUI
NOTARY PUBLIC
ppt o 1
688491570 My AppL Expires Mar, 02, 20N
Page: 1 of 7
2 of 3
202203150057 INDEX
Index NO. 130418-2021
#: 130418-2021
FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/15/2022
CERTIFICATE OF CONFORMITY
STATE OF NV
CITY OF LAS VEGAS
The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV
and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate
of conformity jiursuant to the laws of the State of NV; that the foregoing acknowledgment by Nancy Earlemamed in
the foregoing instrument taken before Jennifer Hui notary in the State of NV was taken in the manner prescribed by
such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is
in all respectsvalid and effective in such state.
Aug 12. 2021
Date Timothy J. Bellamy
Nevada State Bar # 14973C
CreditOne Bank, N.A.
6801 S. Cimmaron Rd
Las Vegas, NV 89113
3 of 3
Document Filed Date
March 15, 2022
Case Filing Date
August 27, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM INDEX NO. 130418-2021 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/15/2022 Ontario County Clerk Recording Page Return To Matthew J. Hoose, County Clerk JAMES PAUL SCULLY Ontario County Clerk 20 Ontario Street Canandaigua, New York 14424 (585) 396-4200 Document Type: AFFIDAVIT Receipt Number: 600634 Plaintiff Defendant LVNV FUNDING LLC HILL, TESSA Fees Control #: 202203150057 Total Fees Paid: $0.00 Index #: 130418-2021 State of New York County of Ontario EFiling through NYSCEF with a total page count of 3. Ontario County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York PK Do Not Detach 1 of 3 202203150057 INDEX # : 130418-2021 Index NO. 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/15/2022 RC18456 AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buver Actiond The undersigned, being duly sworn, deposes and says: l. I am an employee of Credit One Bank, N.A. ("Credit One Bank") and an authorized representative of its affiliates, as described in the Supplemental Allidavit attached hereto (collectively, "Original Creditor"), and 1 have personal knowledge of and access to Original Creditor's books and records ("Business Records"), including electronic records, relating to a pool of charged-off consumer credit accounts sold or assigned by Original Creditor to Sherman Originator III LLC ("Debt Buyer"), on 12/17/2019 (the "Sale"), which included the account ("Account") of the consumer ("Consumer") as identified in the exhibits attached hereto and incorporated herein. As part of the Sale, Original Creditor assigned all of its interest in the Accounts, including the right to any proceeds from the Accounts, to Debt Buyer, and it transferred Business Records relating to the Accounts to Debt Buyer. A true and correct copy of the bill ofsale or written assignment of the Account is attached as an exhibit to this affidavit. 2. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of consumer credit accounts. Original Creditor'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 Original Creditor's Business Records. 1 have personal knowledge of the facts set fonh in this aiTidavit. 3. Credit One Bank and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Credit One Bank 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 Credit One Bank. A true and correct copy of a document provided to Consumer evidencing the Agreement is attached as an exhibit to this aflidavit. 4. I have personal knowledge of Original Creditor's procedures for generating and mailing account statements to customers. It is the regular practice of Original Creditor's business to provide periodic account statements to its customers. Original Creditor sent one or more account statements relating to the Consumer's Account to Consumer on the date(s) and for the amount(s) due set forth in an exhibit attached hereto and made a part hereof. The account statement(s) were mailed to Consumer's last known address and Original Creditor's Business Records do not reflect that the statement(s) were returned by the post office or that the Consumer objected to them. A true and correct copy of the most recent account statement(s) generated and mailed by Original Creditor is attached as an exhibit to this affidavit. 5. At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and made a part hereof, which also set forth the name of the Consumer; the last four digits of the Account number; the date and amount 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-atTcredits or payments made by or on behalf of the Consumer: and the balance due at the time of the Sale. The above staten ents are true and coÀect to the best of my personal knowledge. Nancy Earle uploy f Bank, N.A. ACKNOWLEDGMENT OF SIGNATURE BY LICENSED NOTARY STATE OF NEVADA ) ) ss. COUNTY OF CLARK ) This instrument was acknowledged before me on the A day of IV7 • , 20. by Nancy Earte Employee of Credit One Bank, N.A. __.... ury Public JENNIFER HUI NOTARY PUBLIC ppt o 1 688491570 My AppL Expires Mar, 02, 20N Page: 1 of 7 2 of 3 202203150057 INDEX Index NO. 130418-2021 #: 130418-2021 FILED: ONTARIO COUNTY CLERK 03/15/2022 10:04 AM NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 03/15/2022 CERTIFICATE OF CONFORMITY STATE OF NV CITY OF LAS VEGAS The undersigned does hereby certify that he/she is an attorney at law duly admitted to practice in the State of NV and is a resident of Las Vegas, in the State of Nevada; that he/she is a person duly qualified to make this certificate of conformity jiursuant to the laws of the State of NV; that the foregoing acknowledgment by Nancy Earlemamed in the foregoing instrument taken before Jennifer Hui notary in the State of NV was taken in the manner prescribed by such laws of the State of NV, being the State in which it was taken; and that it duly conforms with such laws and is in all respectsvalid and effective in such state. Aug 12. 2021 Date Timothy J. Bellamy Nevada State Bar # 14973C CreditOne Bank, N.A. 6801 S. Cimmaron Rd Las Vegas, NV 89113 3 of 3