Preview
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021
"2"
Exhibit
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
11/5/21,2:12PM PrintDocument
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021
MULLOOLY,JEFFREY,ROONEY&FLYNNLLP
6851 JERICHO TPKE-SUITE 220
PO BOX 9036
SYOSSET,NEW YORK 11791-9036
Tel 516-656-5300
Toll Free 888-762-6573
NYC DEPT of Consumer Affairs,License# 2045157
September 07, 2021
HEATHER CLOUSER
1226 COUNTY HIGHWAY 107
FORT JOHNSON, NY 12070
Current Creditor: Bank of America, N.A.
Account Number: xxx.x-xxxx-xxxx-8113
MJRF File#f02139258
Dear HEATHER CLOUSER
Enclosed herewith is additional notice of the lawsuit that has been wmmouced against you
personally, as is required by section 3215(g) (3) (i) of the Civil Practice Law and Rules.
If you have not entered into a settlement or balance in full agreement, please contact
Brent James, a non-attorney debt collector, at (516)656-5343.
THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
Very truly yours,
MULLOOLY,JEFFREY,R Y & FLYNN LLP
D W.FLYNN
HN J. SHEERIN
_ IMOTHY F. ROONEY
_KERRI S. FLYNN
_KRISTINE D. FLYNN
_JONATHAN A BARRETO
_GILLIAN BROWN
_JONATHAN VALLE
4124TK
ZI
hups:!!c!eedS.doestar.com/#Ro^uivvvièwM5dbiaf3-633e-ec11âSed-048fs044c04s!!ndsw1/page/26 1/1
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF:
INDEX NO. 11/11/2021
EF2021-598
FILED: MONTGOMERY COUNTT CLERK 08/20/2021 10:25 API|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
SUPREME COURTOFTHESTATE0FNEW YORK CONSUMERCREDITTRANSACTION
COUNTY OFMONTGOMERY
-------------------------- -----------------------X SUMMONS
Bank of America, N.A.
Plaintiff, COURT INDEX#:
MJRF#: 02139258
-Against-
HEATHER CLOUSER Plaintiff's Address:
655 PAPER MILL ROAD
Defendant(s) NEWARK,DE 19711
....------------------------ -----------------------X
Defendant's Address:
1226 COUNTY HIGHWAY 107
FORT JOHNSON,NY 12070
The basis of the venue is:
DEFENDANT RESIDES IN THE COU1TY
TO THE ABOVE NAMED DEFENDANT(4):
YOU ARE HEREBY SUMMONED
to answer the complaint in thi.s action and to serve a copy of your answer on Plaintiff's
Attorneys within the time provided by law as noted below. In case of your failure to
appear or answer, judgment wit1 be taken against you by default for the relief demanded
in the complaint.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered
against you by default for tha relief demanded in the com laint.
AUG 1 7 202T
Dated:
J THAN A BARREl0
N LLOOLY,JEFFREY,R00NEY & FLYNN LLP
ttorneys for Plaintiff
6851 Jericho Tpke,Suite 220
P.0.BOX 9036
Syosset,NY 11791-9036
(516)656-5300
NOTE:Thelaw provides that:
(a)If this summons is served by its delivery to you personally within the State of New
York you must appear and ansver within TWENTY days after such service; or
(b)If this summons is served by delivery to any person other than you personally,or is
served outside the State of tew York or by publication,or by any means other than
personal delivery to you witt in the State of New York, you are allowed THIRTY days after
service is complete to answes .
COLLEC' THAT
THIS IS AN ATTEMPT TO A DEBT AND ANY INFORhiATION OBTAINED WILL BE USED FOR
PURPOSE. THIS COMMUNICATION : S FROM A DEBT COLLECTOR.
(FIAS) 4124TK
1 of 9
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021
FILED: INDEX NO. EF2021-598
MONTGOMERY COUNTŸ CLERK 08/20/20 21 10:25 AM)
NYSCEF DOC. NO. 1 RECEIVED ÑzSCEF: 08/20/2021
SUPREME COURTOFTHE STATE OF N):WYORK
COUNTY OFMONTGOMERY
---------------------------------------------X
Bank of America, N.A.
v. INDEX#:
HEATHER CLOUSER MJRF#: 02139258
_____________________-__--.------_______-----X
COMPLAINT
Plaintiff,Bank of America,N.A.,through its attorneys upon information and belief,claims
as follows:
1. That the defendant(s) resiles in the county in which this action is brought;or that
the defendant(s) transacted business within the county in which this action is brought in
person or through his/her agen: and that the instant cause of action arose out of the
said transaction.
2. Plaintiff is a national banking association organized and existing under the laws of
the United States of America.
3. Plaintiff is a wholly-owne$ subsidiary of Bank of America Corporation and the
successor-in-interest to FIA Card Services,N.A.("FIA"),formerly known as MBNA America
Bank,N.A. FIA was merged into and under the charter and title of Plaintiff effective
October 1,2014.
FIRST CAUSE OF ACTION
4. Defendant applied for and received a credit account, which is owned and administered
by Plaintiff(the "Account").Defendant used or authorized the use of the Account for the
acquisition of goods,services,balance transfers or cash advances in accordance with the
customer agreement("Agreement*) governing use of the Account with Plaintiff.
5. Defendant breached the Agreement by failing to make periodic payments as required
thereby and the Account was stbsequently charged-off. The entire balance on the Account
is owed to Plaintiff and is piesently due and payable in full.
6. The current Account balance is $7,582.16, which includes any applicable payments and
credits. The Account is not at cruing post charge-off interest.
SECOND CAUSE OF ACTION
7. In accordance with federal regulations,monthly periodic statements for the Account
have been provided to the Defendant and retained without successful objection. Attached
hereto and incorporated herein as Exhibit "A" is a of the last periodic statement
copy
provided to Defendant prior t** charge-off. Based on Plaintiff's records, there are no
unresolved billing disputes rnlated to the Account.
WHEREFORE,Plaintiff,Bank of Auerica,N.A.,prays that judgment be entered against Defendet
for:
the sum of $7,582.16,together|with costs and disbursements.
Re ctfully submitted.
Dated:
THAN A BARRETO
U LOOLY.JEFFREY.R00NEY & FLYNN LLP
orneys for Plaintiff
6851 Jericho Tpke.Suite 220
Syosset.NY 11791-9036
(516)656-5300
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION I3 FROM A DEBT COLLECTOR.
(FIAS)
2 of 9
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF:
INDEX NO.
11/11/2021
EF2021-598
[FILED: MONTGOMERY COUNTf CLERK 08/20/2021 10 : 25 AM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
SUPREME COURT OFTHE STATEOFNCWYORK
COUNTYOF MONTGOMERY
________-----__-------____. __-----_____------X
Bank of America. N.A.
v. INDEX#:
HEATHER CLOUSER NJRF#: 02139258
____________________------. _______--__-------X
***** NOTICE OF ELECTRONIC FILING *****
--____---------,-----__----------------
(Mandatory Commencement Case Utiform Rule § 202.5-bb(a) (2) (v) and (vi))
(Consensual Case Uniform Rule } 202.5-b)
You have received this Notice cecause:
1) The Plaintiff/Petitioner, w1ose name is listed above, has filed this case using the
New York State Courts E-filins system ("NYSCEF"), and
2) You are a Defendant/Responcent (a party) in this case.
* If represented
you are by ar attorney:
Give this Notice to your attoiney. (Attorneys: see "Information for Attorneys" pg. 2).
* If you are not represented l y an attorney:
You will be served with all dccuments in paper and you must serve and file your documents
in paper, unless you choose tc participate in e-filing.
If you choose to participate sn e-filing, you must have access to a computer and a
scanner or other device to corvert documents into electronic format, a connection to the
internet, and an e-mail addret s to receive service of documents.
The benefits of participating in e-filing include:
* and your doctments
serving filing electronically
* free access to view and pritt your e-filed documents
* your number of tril·s to the courthousements
limiting
* court fees on-lite (credit card
paying any needed)
To register for
e-filing or for more information about how e-filing works:
* visit: www.nycourts.gov/efi e-unrepresented orded
* contact the Clerk's Office or Center at the court where the case was filed. Court
Help
contact information can be fot-nd at www.nycourts.gov
To find legal information to help you represent yourself visit www.nycourts.gov
***** INFORMAT ON FOR ATTORNEYS *****
Attorneys representing a part must either consent or decline consent to electronic filing
and service through NYSCEF fo'
this case.
Attorneys registered with NYS !EF may record their consent electronically in the manner
provided at the NYSCEF site. ittorneys not registered with NYSCEF but intending to
participate in e-filing must first create a NYSCEF acccüñt and obtain a user I D and
password prior to recording t1eir consent by going to www.nycourts. gov/efile.
Attorneys declining to ccñseñ; must file with the court and serve on all parties of
record declination of consent
3 of 9
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF:
INDEX NO.
11/11/2021
EF2021-598
|FILED: MONTGOMERY COUNTÙ CLE1 08/20/2021 10:25 AN|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
For additional information aboit electronic filing and to create a NYSCEF account, visit
the NYSCEF website at www.nycotrts.gov/efile or contact the NYSCEF Resource Center
(phone: 646-386-3033; e-mail: lyscef@nycourts.gov.
Au6 1 7 202t
Qated:
NATHAN A BARRETO
M LLOOLY,JEFFREY,R00NEY & FLYNN LLP
torneys for Plaintiff
. 6851 Jericho Tpke,Suite 220
Syosset,NY 11791-9036
(516)656-5300
TO:HEATHER CLOUSER
1226 COUNTY HIGHWAY 107
FORT JOHNSON,NY 12070
Mjrf#:02139258
4 of 9
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021
INDEX NO. EF2d21-598
FILED: MONTGONERY COUNTY CLERK 08/20/_2021 10:$5 AM)
NYSCEF DOC. NO. 1 . RECEIVED NXSCEF: 08/20/2021
I:
Exhibit A
5 of 9
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF:
INDEX NO.
11/11/2021
EF2021-598
LFILED : MONTGOMERY COUNT CLERK 08/20/2021 10: 25 AM|
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
Customer Service Information:
B AN K OF A M E R IC A www.bace=·•=------
1.800.421.2110
TTY: 1.8003463178
P.O.Box15284
WIU NGToN.oE 1985o
P.O.Box 982234
El PasoTX 79998-2234
Mail payment to:
Bank of America
P.O.Box 15019
Wilmington DE 19886-5019
HEATHER CLOUSER
1226 COUNTY HIGHWAY 107
FORT JOHNSON NY 12070-1215
M 1 une 9. 2020
Accounts 8113
Account Summary Payment information
- Previous Balance $7.529.31 New Balance Total $7,582.16
Payments and Other Credits -$100.00 Current Payment Due $227.00
Purchases and Adjustments $0.00 Past Due Amount $1.644.00
Fees Charge
Interest CWge 0 M
$0.00
Total Minimum Payment Due
Payment Due Date
$1,871.00
07AN/2020
Late Payment Warning: If we do not receive your Total Minimum
New Balance Total $7,582.16
Payment by the date fisted above, you may have to pay a late fee of up to
Total Credit Line $6,50a00 $39.00 and your APRs may be Increased up to the Penalty APR of 29.99%
Total Credit Available $0.00 Total Minimum Payment Warning: If you make only the Total Minimum
Cash Credit Line $650.00 Payment each period, you wlil pay more in Interest and It will take you
Portion of Credit Available longer to pay off your balance. For example:
for Cash $0.00 If you make no additional You will payoff the And you will end up
Statement Closing Date 06/09/2020
charges using this card balance shown on this paying an estimated
Days In Billing Cycle 31
and each month you pay statement in about total of
Only the Total 21 years $18,610.00
Minimum Payment
if you would like Information about credit counseling services, call
866.300.5238.
09
BANK OF AMERICA Account Number: 8118
P.O. BOX 15019 .. - --
WILMINGTON DE 19886-5019 New Balance Total $7,582.16
Total Minimum Payment Oue $1,871.00
Payment Due Date 07/06/2020
HEATHER CLOUSER Enter payment amount
1226 COUNTY HIGHWAY 107
FORT JOHNSON NY 12070-1215
fa chatgu of ed®esyphone number, see rearrse side.
MakeJour paymentonWneat onew.bankotiamedca.com cr
Mailthis couponalongwith yourcheckpayableto: Bankof Amerloa
6 of 9
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 14 RECEIVED NYSCEF:
INDEX
11/11/2021
NO . E F2 021-598
[FILED : MONTGOMERY COUNTY CLERK 08/20/2021 10 : 25 AM)
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021
HEATHERCLOUSER | Account # 8113 | May 10 - June9, 2020
004- 000- 000- G
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
PAYlNG INTEREST - We will not charge Interest * n Purchaseson the next CALCUl,ATION OF BAl.ANCES SUSjECT TO INTEREST RATE
statement if you pay the New BalanceTotal in full ry the Payment Due Date. Average Daily BalanceMethod (including new Purchases):We calculate
and you had paid in full by the previous Payment Di e Date. We will begin separate BalancesSubject to an Interest Rate for Purchasesand for each
charging interest on BalanceTransfers and CashAnances on the transaction Introductory or P.=::::± Offer balance consisting of Purchases.We do this
date. by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all
TOTAL INTEREST CHARGE COMPUTATION - I terest Chargesaccrue and the daily balances together: and (3) dividing the sum of the daily balancesby
are compoundedon a daily basis. To determine the laterest Charges,we the number of days in the billing cycle.
multiply eachBalanceSubject to Interest Rate by I s applicable Daily Periodic To calculate the daily balance for each day in this statement's billing cycle, we:
Rate and that result is multiplied by the number of days in the bfiling cycle. To (1) take the beginning balance: (2) add an amount equal to the applicable Daily
determine the total Interest Charge for the bfiling ycle, we add the Periodic Periodic Rate multiplied by the previous day's daily balance: (3) add new
Rate Interest Chargestogether. A Daily Periodic Ra e is calculated by dividing Purchases,new Account Fees,and new Transaction Fees: and (4) subtract
an AnnualPercentageRate by 365. applicable payments and credits, If any daily balance is less
Preview
FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021 "2" Exhibit FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 11/5/21,2:12PM PrintDocument NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021 MULLOOLY,JEFFREY,ROONEY&FLYNNLLP 6851 JERICHO TPKE-SUITE 220 PO BOX 9036 SYOSSET,NEW YORK 11791-9036 Tel 516-656-5300 Toll Free 888-762-6573 NYC DEPT of Consumer Affairs,License# 2045157 September 07, 2021 HEATHER CLOUSER 1226 COUNTY HIGHWAY 107 FORT JOHNSON, NY 12070 Current Creditor: Bank of America, N.A. Account Number: xxx.x-xxxx-xxxx-8113 MJRF File#f02139258 Dear HEATHER CLOUSER Enclosed herewith is additional notice of the lawsuit that has been wmmouced against you personally, as is required by section 3215(g) (3) (i) of the Civil Practice Law and Rules. If you have not entered into a settlement or balance in full agreement, please contact Brent James, a non-attorney debt collector, at (516)656-5343. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. Very truly yours, MULLOOLY,JEFFREY,R Y & FLYNN LLP D W.FLYNN HN J. SHEERIN _ IMOTHY F. ROONEY _KERRI S. FLYNN _KRISTINE D. FLYNN _JONATHAN A BARRETO _GILLIAN BROWN _JONATHAN VALLE 4124TK ZI hups:!!c!eedS.doestar.com/#Ro^uivvvièwM5dbiaf3-633e-ec11âSed-048fs044c04s!!ndsw1/page/26 1/1 FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: INDEX NO. 11/11/2021 EF2021-598 FILED: MONTGOMERY COUNTT CLERK 08/20/2021 10:25 API| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 SUPREME COURTOFTHESTATE0FNEW YORK CONSUMERCREDITTRANSACTION COUNTY OFMONTGOMERY -------------------------- -----------------------X SUMMONS Bank of America, N.A. Plaintiff, COURT INDEX#: MJRF#: 02139258 -Against- HEATHER CLOUSER Plaintiff's Address: 655 PAPER MILL ROAD Defendant(s) NEWARK,DE 19711 ....------------------------ -----------------------X Defendant's Address: 1226 COUNTY HIGHWAY 107 FORT JOHNSON,NY 12070 The basis of the venue is: DEFENDANT RESIDES IN THE COU1TY TO THE ABOVE NAMED DEFENDANT(4): YOU ARE HEREBY SUMMONED to answer the complaint in thi.s action and to serve a copy of your answer on Plaintiff's Attorneys within the time provided by law as noted below. In case of your failure to appear or answer, judgment wit1 be taken against you by default for the relief demanded in the complaint. YOU ARE HEREBY NOTIFIED THAT should you fail to answer, a judgment will be entered against you by default for tha relief demanded in the com laint. AUG 1 7 202T Dated: J THAN A BARREl0 N LLOOLY,JEFFREY,R00NEY & FLYNN LLP ttorneys for Plaintiff 6851 Jericho Tpke,Suite 220 P.0.BOX 9036 Syosset,NY 11791-9036 (516)656-5300 NOTE:Thelaw provides that: (a)If this summons is served by its delivery to you personally within the State of New York you must appear and ansver within TWENTY days after such service; or (b)If this summons is served by delivery to any person other than you personally,or is served outside the State of tew York or by publication,or by any means other than personal delivery to you witt in the State of New York, you are allowed THIRTY days after service is complete to answes . COLLEC' THAT THIS IS AN ATTEMPT TO A DEBT AND ANY INFORhiATION OBTAINED WILL BE USED FOR PURPOSE. THIS COMMUNICATION : S FROM A DEBT COLLECTOR. (FIAS) 4124TK 1 of 9 FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021 FILED: INDEX NO. EF2021-598 MONTGOMERY COUNTŸ CLERK 08/20/20 21 10:25 AM) NYSCEF DOC. NO. 1 RECEIVED ÑzSCEF: 08/20/2021 SUPREME COURTOFTHE STATE OF N):WYORK COUNTY OFMONTGOMERY ---------------------------------------------X Bank of America, N.A. v. INDEX#: HEATHER CLOUSER MJRF#: 02139258 _____________________-__--.------_______-----X COMPLAINT Plaintiff,Bank of America,N.A.,through its attorneys upon information and belief,claims as follows: 1. That the defendant(s) resiles in the county in which this action is brought;or that the defendant(s) transacted business within the county in which this action is brought in person or through his/her agen: and that the instant cause of action arose out of the said transaction. 2. Plaintiff is a national banking association organized and existing under the laws of the United States of America. 3. Plaintiff is a wholly-owne$ subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services,N.A.("FIA"),formerly known as MBNA America Bank,N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1,2014. FIRST CAUSE OF ACTION 4. Defendant applied for and received a credit account, which is owned and administered by Plaintiff(the "Account").Defendant used or authorized the use of the Account for the acquisition of goods,services,balance transfers or cash advances in accordance with the customer agreement("Agreement*) governing use of the Account with Plaintiff. 5. Defendant breached the Agreement by failing to make periodic payments as required thereby and the Account was stbsequently charged-off. The entire balance on the Account is owed to Plaintiff and is piesently due and payable in full. 6. The current Account balance is $7,582.16, which includes any applicable payments and credits. The Account is not at cruing post charge-off interest. SECOND CAUSE OF ACTION 7. In accordance with federal regulations,monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. Attached hereto and incorporated herein as Exhibit "A" is a of the last periodic statement copy provided to Defendant prior t** charge-off. Based on Plaintiff's records, there are no unresolved billing disputes rnlated to the Account. WHEREFORE,Plaintiff,Bank of Auerica,N.A.,prays that judgment be entered against Defendet for: the sum of $7,582.16,together|with costs and disbursements. Re ctfully submitted. Dated: THAN A BARRETO U LOOLY.JEFFREY.R00NEY & FLYNN LLP orneys for Plaintiff 6851 Jericho Tpke.Suite 220 Syosset.NY 11791-9036 (516)656-5300 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION I3 FROM A DEBT COLLECTOR. (FIAS) 2 of 9 FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: INDEX NO. 11/11/2021 EF2021-598 [FILED: MONTGOMERY COUNTf CLERK 08/20/2021 10 : 25 AM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 SUPREME COURT OFTHE STATEOFNCWYORK COUNTYOF MONTGOMERY ________-----__-------____. __-----_____------X Bank of America. N.A. v. INDEX#: HEATHER CLOUSER NJRF#: 02139258 ____________________------. _______--__-------X ***** NOTICE OF ELECTRONIC FILING ***** --____---------,-----__---------------- (Mandatory Commencement Case Utiform Rule § 202.5-bb(a) (2) (v) and (vi)) (Consensual Case Uniform Rule } 202.5-b) You have received this Notice cecause: 1) The Plaintiff/Petitioner, w1ose name is listed above, has filed this case using the New York State Courts E-filins system ("NYSCEF"), and 2) You are a Defendant/Responcent (a party) in this case. * If represented you are by ar attorney: Give this Notice to your attoiney. (Attorneys: see "Information for Attorneys" pg. 2). * If you are not represented l y an attorney: You will be served with all dccuments in paper and you must serve and file your documents in paper, unless you choose tc participate in e-filing. If you choose to participate sn e-filing, you must have access to a computer and a scanner or other device to corvert documents into electronic format, a connection to the internet, and an e-mail addret s to receive service of documents. The benefits of participating in e-filing include: * and your doctments serving filing electronically * free access to view and pritt your e-filed documents * your number of tril·s to the courthousements limiting * court fees on-lite (credit card paying any needed) To register for e-filing or for more information about how e-filing works: * visit: www.nycourts.gov/efi e-unrepresented orded * contact the Clerk's Office or Center at the court where the case was filed. Court Help contact information can be fot-nd at www.nycourts.gov To find legal information to help you represent yourself visit www.nycourts.gov ***** INFORMAT ON FOR ATTORNEYS ***** Attorneys representing a part must either consent or decline consent to electronic filing and service through NYSCEF fo' this case. Attorneys registered with NYS !EF may record their consent electronically in the manner provided at the NYSCEF site. ittorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF acccüñt and obtain a user I D and password prior to recording t1eir consent by going to www.nycourts. gov/efile. Attorneys declining to ccñseñ; must file with the court and serve on all parties of record declination of consent 3 of 9 FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: INDEX NO. 11/11/2021 EF2021-598 |FILED: MONTGOMERY COUNTÙ CLE1 08/20/2021 10:25 AN| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 For additional information aboit electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycotrts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: lyscef@nycourts.gov. Au6 1 7 202t Qated: NATHAN A BARRETO M LLOOLY,JEFFREY,R00NEY & FLYNN LLP torneys for Plaintiff . 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 TO:HEATHER CLOUSER 1226 COUNTY HIGHWAY 107 FORT JOHNSON,NY 12070 Mjrf#:02139258 4 of 9 FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 11/11/2021 INDEX NO. EF2d21-598 FILED: MONTGONERY COUNTY CLERK 08/20/_2021 10:$5 AM) NYSCEF DOC. NO. 1 . RECEIVED NXSCEF: 08/20/2021 I: Exhibit A 5 of 9 FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: INDEX NO. 11/11/2021 EF2021-598 LFILED : MONTGOMERY COUNT CLERK 08/20/2021 10: 25 AM| NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 Customer Service Information: B AN K OF A M E R IC A www.bace=·•=------ 1.800.421.2110 TTY: 1.8003463178 P.O.Box15284 WIU NGToN.oE 1985o P.O.Box 982234 El PasoTX 79998-2234 Mail payment to: Bank of America P.O.Box 15019 Wilmington DE 19886-5019 HEATHER CLOUSER 1226 COUNTY HIGHWAY 107 FORT JOHNSON NY 12070-1215 M 1 une 9. 2020 Accounts 8113 Account Summary Payment information - Previous Balance $7.529.31 New Balance Total $7,582.16 Payments and Other Credits -$100.00 Current Payment Due $227.00 Purchases and Adjustments $0.00 Past Due Amount $1.644.00 Fees Charge Interest CWge 0 M $0.00 Total Minimum Payment Due Payment Due Date $1,871.00 07AN/2020 Late Payment Warning: If we do not receive your Total Minimum New Balance Total $7,582.16 Payment by the date fisted above, you may have to pay a late fee of up to Total Credit Line $6,50a00 $39.00 and your APRs may be Increased up to the Penalty APR of 29.99% Total Credit Available $0.00 Total Minimum Payment Warning: If you make only the Total Minimum Cash Credit Line $650.00 Payment each period, you wlil pay more in Interest and It will take you Portion of Credit Available longer to pay off your balance. For example: for Cash $0.00 If you make no additional You will payoff the And you will end up Statement Closing Date 06/09/2020 charges using this card balance shown on this paying an estimated Days In Billing Cycle 31 and each month you pay statement in about total of Only the Total 21 years $18,610.00 Minimum Payment if you would like Information about credit counseling services, call 866.300.5238. 09 BANK OF AMERICA Account Number: 8118 P.O. BOX 15019 .. - -- WILMINGTON DE 19886-5019 New Balance Total $7,582.16 Total Minimum Payment Oue $1,871.00 Payment Due Date 07/06/2020 HEATHER CLOUSER Enter payment amount 1226 COUNTY HIGHWAY 107 FORT JOHNSON NY 12070-1215 fa chatgu of ed®esyphone number, see rearrse side. MakeJour paymentonWneat onew.bankotiamedca.com cr Mailthis couponalongwith yourcheckpayableto: Bankof Amerloa 6 of 9 FILED: MONTGOMERY COUNTY CLERK 11/11/2021 10:19 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: INDEX 11/11/2021 NO . E F2 021-598 [FILED : MONTGOMERY COUNTY CLERK 08/20/2021 10 : 25 AM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/20/2021 HEATHERCLOUSER | Account # 8113 | May 10 - June9, 2020 004- 000- 000- G IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYlNG INTEREST - We will not charge Interest * n Purchaseson the next CALCUl,ATION OF BAl.ANCES SUSjECT TO INTEREST RATE statement if you pay the New BalanceTotal in full ry the Payment Due Date. Average Daily BalanceMethod (including new Purchases):We calculate and you had paid in full by the previous Payment Di e Date. We will begin separate BalancesSubject to an Interest Rate for Purchasesand for each charging interest on BalanceTransfers and CashAnances on the transaction Introductory or P.=::::± Offer balance consisting of Purchases.We do this date. by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all TOTAL INTEREST CHARGE COMPUTATION - I terest Chargesaccrue and the daily balances together: and (3) dividing the sum of the daily balancesby are compoundedon a daily basis. To determine the laterest Charges,we the number of days in the billing cycle. multiply eachBalanceSubject to Interest Rate by I s applicable Daily Periodic To calculate the daily balance for each day in this statement's billing cycle, we: Rate and that result is multiplied by the number of days in the bfiling cycle. To (1) take the beginning balance: (2) add an amount equal to the applicable Daily determine the total Interest Charge for the bfiling ycle, we add the Periodic Periodic Rate multiplied by the previous day's daily balance: (3) add new Rate Interest Chargestogether. A Daily Periodic Ra e is calculated by dividing Purchases,new Account Fees,and new Transaction Fees: and (4) subtract an AnnualPercentageRate by 365. applicable payments and credits, If any daily balance is less