Preview
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
EXHIBIT I
NY AFFIDAVIT
AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR
(Debt Buyer Actions)
The undersigned, being duly sworn, deposes and says:
1. I am a/an employee of Comenity LLC, the affiliate servicer for Bank
Servicing Comenity
("Original Creditor"), and I 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 Comenity Bank to Midland
Cadit Management. Inc. ("Debt Buyer"), on ½??AfAU (the "Sale"), which included
the account ("Account") of the consumer ("Consumer") identified in the exhibits attached
hereto and incorposted herein. As part of the Sale, Original Creditor assigned all of its interest
in the Account, including the right to any proceeds from the Account, to Debt Buyer, and it
transferred certain Business Records relating to the Account to Debt Buyer. A true and
correct copy of the bill of sale or written assignment of the Account is attached as an exhibit
to this affidavit.
2. In my position, I also have personal kno wiedge of Original Creditor's procedures for
creating and maintaining its Business Records, including its procedures relating to the sale and
assignment of consumer credit secôüñts. 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 wem made at or near the time of the events recorded.
Based on my knowledge of Original Creditor's Business Records, I have personal knowledge
of the facts set forth in this affidavit.
3. Original Creditor and Consumer were parties to a credit card agreement ("Agreement").
Consumer agreed to pay Original Creditor for all goods, services and cash advances purchased
or 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 under the terms of the Agreement and a demand for payment was made by Original
Caditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit.
4. I have personal knowledge of Original Creditor's procedures for generating and
mailing accoüñt statcmcats 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 statcmcñ‡a 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 retumed
by the post office or that the Consumer objected to them. A true and cormct copy of the
last account statement(s) generated and mailed by Original Creditor is attached as an exhibit
to this affidavit.
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
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 credits or payments
made by or on behalf of the Consumer; and the balance due at the time of the Sale. The above
statements are true and correct to the best of my personal knowledge.
6. Further, Affiant sayeth naught.
COMENITY BANK
Authorized Ag
The fore instrument was knowled before me this day of
,707-[ by D , Authorized
Agent of Comenity LLC, authorized agent of Comenity B k on behalf of said
Servicing
Bank.
No Public
L CK
of Franklin HEA
County
)TARYPUBUC.STATECF
MO
commWonHasNoE gm Das
aggon 47.030Ac.
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
EXHIBIT H
CERTIFICATE OF CONFORMITY
STATE OF Ohio
COUNTY OF Franklin
The undersigned does hereby certify that he is a person duly q=EE:d to make this certificate of conformity pursuant
to Section 299a of the Real Property Law of the State of New York; that the foregoing acknow!cdgment
by Heather
Morgan named in the fengoing Affidavit of Sale of Account By Original Creditor taken before Heather L. Keck, a
notary in the State of Ohio, was taken in the manner prescribed by such laws of the State of Ohio, being the State in
which it was taken; and that it duly corfc:-a with such laws and is in all respects valid and effective in such state.
te
Heather J. Coy: Attorney at Law
Admitted to practice in the State of Ohio
Ohio Attorney Regist etion No: 0095168
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
SELLER Account Itemization
Account Number 3393
Original Creditor COMENITY BANK f/k/a World Financial Network
Bank
Borrower's Full Name GLYNIS TREAT
Client's Name SONY VISA
Origination Date 3/28/2012
Last Payment Date 8/21/2019
Last Payment Amount $30
Charge Off Date 3/31/2020
Charge Off Balance $864.65
Total of Post Charge Off Interest $0
at time of sale
Total Post Charge Off Fees SO
and Charges at time of sale
Total Post Charge Off Credits $0
at time of sale
Total Post Charge Off SO
Payments at time of sale
Buyer name MIDLAND CREDIT MANAGEMENT, INC
Sale Date 4/27/2020
Balance at time of Sale $864.65
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
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PAGE 1OF4
Summa of account activit Payment information
Accountno. "*-™*-**-3393 Newbalance $864.65
Minimumpaymentdue $234.00
Previousbalance $807.70 Paymentduedate 04/21/2020
Payments 0.00
Othercredits 0.00 Ute Paymentwarning:
Purchases Om IIwe do notreceiveyourminimumpaymentby 04/21/2020you may
Olherdebits 0.00 -haveto payup toa la
Cashadvance 0.00 gg-mimumpaymentwarning Ifyou makeonlyemminimum
Balancetransfer 0.00 paymentforeachperiod,youwinpay morein inlerestandRwiAtain
. . Feescharged 40.00 youlongerto payolf yourbalances.Forexample:
Interestcharged 16.95
Newbalance $864.65 If you makenoadditional Youwill payoff Andyou will .
chargesusingthis card thebalanceshown end uppayingan
Pastdueamount 208.00 andeachmonthyou pay: on thestatement estimatedtotal
Creditlimit $500.00 In about· of:
. Availablecredit $0.00 Onlytheminimumpayment 3years S1215
Forinformationregardingcreditcounselingservices,
Statement can1-800-2MOS.
closingdate 03/26/2020
Daysin billingcycle 31
UsetheriewQRcodeprintedonyourstatementstubbelowlo accessyouraccountutilizingouroruHirnepayment .. .
portal,Comenity'sEasyPay.
Details of our transactions
..TRANS DATE TRANSACT ON ESCRIPT
ONA.OCATiON AMOUNT
Fees
OS/21/2020 LATEFEE 40.00
Totalfeeschargedfor this period . . $40.00
..............._
_........................._ _____________...___ _............................................_
_.......-..................... ________.......--- _..._____,_........__.
. Interest charged
Interestchargeon purchases $16.95
Interestchargeon cashadvance $0.00
Interestchargeon balancetransIer $0110
Totalinterestfor this period $18.95 . .
2020totals yearto date
Totalfeeschargedin 2020 $120.00
Totalinterestchargedin2020 $46.37
Interest charge calculation
YourAnnualPercentage Rate(APR)is theannualinterestrateon youraccount.SeeBALANCECOMPUTATION METHOD
on page2 formoredetails.Minimuminterestchargemayexceedinterestchargebelow,peryourcreditcardagreement.
TYPE OF aALANCESuBJECT INTEREST
aALANCE APR TOINTERESTRATE CHARGE
Purchases 24.2400%(v) 823.55 16.95
Cashadvances 25.2400%(v) 0.00 0.00
Additional im•ortant messa•es
AFFECTED BY COVID-19? carnanitv Bank OFFERS SUPPORT
scounNUED)
-...................NcmcE Seeraw sh fw
above
tearatperforadon
Pionee
. Account
number ****-****-****-S393
Newbalance Winimum
S Y S864.65
payment
S234.00
994
edcr u my Araounter-la•*d: 6 04/2
ress
Pleasemakecheckpayableto:
COMENITY- SONYVISA
Pleaseretumthisportionalongwithyourpayment
to:
GLYNISTREAT
212CHAPELST PO BOX 659813
. . PENNYANNY14527-1106 SAN ANTONIO TX 78265-9113
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
....................................-........__
__._...-,................................._..______.-..-___........---..-.------------..---------------------........-...
Keep thisportion foryourrecords.
CREDIT REPORTING. Wemayreport information about youraccount to
InhatToDoIf YouThinkYouFindAMisiahe OrsYourStalement creditbureaus. Latepayments, missed payments, orotherdefaults onyour
. Ifyouthinkthereisanerroronyourstatement, . account may b ereflected inyourcreditreport.
writetousat:Comeruty
BankP0Box182782, Columbus, Ohio432I&2782. NOTICE OFCREDIT REPORT DISPUTES
Inyourletter,giveusthefollowing inforrnation: Ifyoubelieve theaccount information wereported toaconsumer reporting
• Account information: Yourname andaccount agency isinaccurate, youmaysubmit adirectdispute toComenity BankP0
number. Box 182789, Columbus, Ohio43218-2789. Your written d isputemust
• Dollar smount: Thedollaramount ofthesuspected ermr-
• Description prwidesufficient information to identify theaccount andspecify whythe
ofRoblem: Ifyouthinkthereisanerroronyourbill, information is inaccurate:
describe whatyoubelieve iswrong andwhyyoubelieve it isamistake. • Account Infanuation: Your name andaccount number
Youmustcontact uswithin60days aftertheerrorappeared onyour • Contact Information: Your address andtelephone number
statement. • Disputed Infannation: Identify theaccount information dispuled and
explain w hyyoubehese stisinaccurage
Youmustnotifyusofanypotential enorsinwritir\g. Youmaycallus,butif . Supporting Documentation: If agailable, provide a o fthesection
youdowearenotrequired toinvestigate copy of
anypotential enous andyoumay thecreditseport shomrg theaccount information youaredisputing
have topaytheamount mquestion.
While .
weswestigate Wewillimestigate thedisputed information andreport theresults toyou
whether ornottherehasbeen anerror,thefollowing within ofreceipt oftheinformation
amtme: 30days needed foreurimestigation. If
• Wecannot trytocollecttheamount inquestion, orreport youas wefindthattheam••lt information wereported is inaccurate, wewill
delinquent onthatamount. promptly praidethenecessary correction toeachconsumer reporting
• Thecharge agency towhichwe reported theinformation.
mquestion mayremain onyourstatement, andwemay
continue tocharge youinterest onthatamount. But,if wedetermine that PAYMENTS MARKED "PAID INFULL'.Allwritten communications
wemade a mistake, youwillnothavetopaytheamount inquestion or regarding disputed amounts that include anycheck orotherpayment
anyinterest orotherfeesrelated tothatamount. instrurnent marked with payment in full"orsimilar language, mustbesent
• While youdonothave topaytheamount .
inquestion, to:6550 North L oop 1604 East, Suite 101, S an Antonio, TX78247-5004.
youareresponsibleDONOT USE THEENCLOSED REMITTANCE ENVELOPE.
fortheremainder ofyourbalance- - Wemayaccept payment senttoanyotheraddress
• Wecanapplyanyunpaid amount against yourcreditlimit- without losinganyof
owrights.
Your Rights H YouheDissatisfie I1912Your - Nopayrnent shalloperate asanaccord andsatislaction without pgior
GeditCaniRschases approval.
written
Ifyouaredissatisfied withthegoods orservices thatyouhavepurchased
withyourcreditcard,andyouhave triedingood faithtocorrect the CUSTOMER SERVICE. Visitcomenity.nettsonyvisa orcall1¬86&518-3992
pmblem withthemerchant, youmayhave therightnottopaytheremaining(Sony Visa),1-8046955772 (Sony VisaSignature) (TDDfITY
amount dueonthepurchase. 14100-695-1788).
Tousethisright,allofthefollowing mustbetrue: TEl.EPHONE MONITORING. To provide you with high-quality phone
seuvice,
cornmunication withusismonitored and/or recorded.
'.Thepurchase musthavebeenmade inyourhome stateorwithin100
ADDITIONAL INFORMATION. Thefollowing when
milesofyourcurrent mailing a ddress, andthepurchase price must have designations, appearitig
been morethan$50.(Note- Neither ofthese isnecessaly ifyourpurchase onthefrontofyourstatement, WVINTPAY
mean thefollowing: Vmeans variablerate
wasbased onanadvertisement wemailed toyou,orif weownthecompany (thisratemayvaryh RQmeans WAIVE INTEREST, PAYMENT
thatsoldyouthegoods orsennces.) REQUIR ED:WVINTEQPYmeans WAlVE INTEREST, EQUAL PAYMENT; WV
INTLOW PMT means WAlVE INTEREST, LOW PAYMENT; DFINTPYRQ
2.Youmusthaveused yourcreditcardforthepurchase. Purchases made means DEFER INTEREST, PAYMENT REQUIR ED: DEF INTEQPYmeans
withcashadvances fromanATMorwithacheck thataccesses yourcredit DEFER INTEREST, EQUAL PAYMENT; DFINTLOW PMT means DEFER
cardaccount donotqualify. INTEREST, LOW PAYMENT andLOW APREQPAY means LOW APR, EQUAL
3.Youmustnotyethavefullypaidforthepurchase' PAYMENT. Ifyouhave avariable rateaccount, yourperiodic ratesmayvary.
YoumaypayallofyourAccount balance atanytimewithout penalty.
Ifallofthecriteria above aremetandyouarestilldissatisfied withthe
purchase, contact usmwritheat:Comemty BankPOBox182782, sendallinquiries to:CUSTOMER SERVICE, POBox182273. Columbus,
Columbus, Ohio43218-2782. OMo 43218-2273
While wemvestigate, thesame rulesapply10thedisputed Send a ll bankmptsy notices and related correspondence to Comenity Bank,
amount as POBox182125,
discussed above. Afterwefinishourmvestigation, wewilltellyouour BhmptcyDeputment, Columbus, Ohio43218-2125.
decision. Atthatpoint,if wethinkyouoweanamount andyoudonotpay NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When youprovide a
wemayrepost youasdelinquent. checkaspayment, youauthorize useithertouseinformation fromyour
PAYlNG (NTEREST. Yourduedateisatleast25days afterthecloseof check10make aone-time electmnic fundtransfer fromyouraccount orto
eachbillingcycle.Wewillnotcharge youinterest onpurchases ifyoupay process thepayment asachecktransaction. When weuseinformation imm
yourentirebalance Wewillbegincharging your checktomake anelectronic fundtransfer, funds maybewithdrawn
bytheduedateeachrnonth. from your a ccount assoon a sthe same d ay we receive your and
mterest onbalance transfers andcash advances onthetransaction date- p ayment,
Wewillbegintocharge interest onnewpurchases made under aLowAPR, youwillnotreceive yourcheckbackfromyourfinancial institution.
Equal Payment orBudget Payment Credit Planfromthedateofpurchase.
BALANCE COMPUTATION METHOD. Wecalculate interestseparately for
eachtypeofbalance onyouraccount using a "DailyBalance" todetermine
interest charges foreachbillingperiod. Wefiguretheinterest charge on
youraccount byapplying theperiodic ratetothe"daily balance" ofyour
account foreachdayinthebillingcycle.Togetthe"dailybalance" we
takethebeginning balance ofyouraccount eachday,addanynew
purchases, advances, feesandbalance transfess,andsubtract any
payments orcredits (treating anynetcreditbalance asa2erobalance). This
gives usthedailybalance.
PAYMENTS. PayyourAccount bythepayment duedatebythetimelistedbelow. yourpayment
Ifwedonotreceive inacorrectformat (outlined
below)it
maynotbecredited toyourAccount foruptofivedays,ormayberejected. yourpayment
Also, mustreachusbythepayment cutofftimethatapplies to
thepayment method youselect.Thiscardisissued
byComanity Bankpursuant fromVisaU.S.A.
toalicense Inc.Visaisaregisteredtrademark ofVisa
U.S.A.Inc.
Conect Format.Correctformatfordifferent
paymentmethods include:
Mallingor0eemight Send apersonal check,moneyorder,traveler's checkpayable
checkorcashier's inU.S.dollars,tothename andaddress shown on
thisStatementinthepayment stubareacontaining
yourbalance andminimum paymentamount.8esuretomclude yourpayment stub,donotslaple or
clipyourpayment tothestub,include youraccount
number onyourcheck, provided
usetheenvelope withyourStatement,sendonepayment withone
payment stubanddonotsendanycorrespondence withyourpayment. Youshouldovemighta paymentto6550North 1.oop1604East, Suite101,San
Antonio,TX78247-5004 andtheadditionalformat
requirements arethesameasothermailedpayments unless
thereisadispule,inwhichcase youfollow
thePayments Marked "PaidInFuirsectionabove. PayByPhouil-
Donotsendcashorgiftcertificates. Youcancallustollfreeat14166-518-3992 (Sony
Visa),1-800-69E5772 CSony VisaSignature)
(TDDflTYI-80Cb69E1788) 10make apaymentbylegephone,whichmayinclude afee.Galine- Youcan
make a payment onlineatcemenity.oettsonyvism.
Payment CutoffTimes. Paymentcutofftimes/deadlines
forustoreceive paymentsarebytheduedateonthisStalement inthepayment stubareaatthe
times:MailiigandOvemight
following By6:00pmEastem Time(ET); PayByPhane-By8.40pm(ET);Galine: By8:00pm(ET).
NewInformation
Title(optional) FirstName MI
LastName Soc.Sec.No.
StreetAddress
Apt.No. RR POBox
City,_. State ZipCode MapCode
Foreign
HornePhone WorkPhone
EmaitAddress
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
PAGESOF4
Additional im•ortant messas es - seatinued
As the bank that manages your credit card, our hearts go out to those affected by the coronavirus
(COVID-19) pandemic.
The support we're artanding to you. If you're expensing financial hardship because of COVID-19,
please contact us to discuss how we may be able to help. Send us a message through the Secure
Message Center on Account Center or call 1-866-518-3992 (TDD/TTY: 1-800-695-1788).
Account Center is available 24 / for you to manage your SONY VISA account online. You can
send and receive secure meseges, make payments and view your balance, transactions and statements
online. Not yet registered? Visit www.comenity.net/sonyvisa, enter your SONY VISA credit card account
number and ZIP code, then verify your identity.
We're looldng out for you. We remain focused on the health and well-being of our customers and
associates, and we'll continue to stay on top of what's happening during the COVID-19 pandemic so we
can best support you.
IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off as a
bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this
statement before the end of this month. If you are not able to pay the Minimum Payment amount, we will
still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089
(TDD/TTY 1-800-695-1788) and we will find a suitable payment before the end of this month. If written off,
the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the
appropriate steps, as permitted and available under applicable law, to protect our interests.
C~=:.::Tieis are entitled to one free credit report per year. To request yours call 1-877-322-8228 or visit
annualcreditreport.com
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021
Rate and Fee Summary
This Rate and Fee GUmmary (Gümmcuy) is part of the Credit Card Agrêêmêñt (Agreement) for the fe!!e=!ng credit
card accounts:
• Visa® Credit Card • Visa S:gñaturG®
Sony Sony Credit Card
• PlayStation Visa® Credit Card • PlayStation Visa Signature® Credit Card
Read it and keep it.
Annual Percentage Rate
22.74%
(APR) for Purchases
This APR will vary with the market based on the Prime Rate.
APR for Balance Transfers 26.99%
APR for Cash Advances 23.74%
This APR will vary with the market based on the Prime Rate.
Paying Interest Your due date is at least 25 days after the close of each billing
period. We will not charge you interest on purchases if you pay your
entire balance by the due date each month. We will begin charging
interest on balance transfers and cash advances on the transaction
date.
Minimum Interest Charge If you are chaiged interest, the charge will be no less than $2 per
credit plan.
For Credit Card Tips from the To learn more about factors to consider when for or
applying
Consumer Financial using a credit card, visit the website of the Consumer Financial
Protection Bureau Protection Bureau at
htto://www.consumerfinance.cov!1earnmore.
Annual Fee None
)
Transaction Fees
• Balance Transfer Either $10 or 5% of the amount
Preview
FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 EXHIBIT I NY AFFIDAVIT AFFIDAVIT OF FACTS AND SALE OF ACCOUNT BY ORIGINAL CREDITOR (Debt Buyer Actions) The undersigned, being duly sworn, deposes and says: 1. I am a/an employee of Comenity LLC, the affiliate servicer for Bank Servicing Comenity ("Original Creditor"), and I 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 Comenity Bank to Midland Cadit Management. Inc. ("Debt Buyer"), on ½??AfAU (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorposted herein. As part of the Sale, Original Creditor assigned all of its interest in the Account, including the right to any proceeds from the Account, to Debt Buyer, and it transferred certain Business Records relating to the Account to Debt Buyer. A true and correct copy of the bill of sale or written assignment of the Account is attached as an exhibit to this affidavit. 2. In my position, I also have personal kno wiedge of Original Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of consumer credit secôüñts. 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 wem made at or near the time of the events recorded. Based on my knowledge of Original Creditor's Business Records, I have personal knowledge of the facts set forth in this affidavit. 3. Original Creditor and Consumer were parties to a credit card agreement ("Agreement"). Consumer agreed to pay Original Creditor for all goods, services and cash advances purchased or 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 under the terms of the Agreement and a demand for payment was made by Original Caditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit. 4. I have personal knowledge of Original Creditor's procedures for generating and mailing accoüñt statcmcats 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 statcmcñ‡a 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 retumed by the post office or that the Consumer objected to them. A true and cormct copy of the last account statement(s) generated and mailed by Original Creditor is attached as an exhibit to this affidavit. FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 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 credits or payments made by or on behalf of the Consumer; and the balance due at the time of the Sale. The above statements are true and correct to the best of my personal knowledge. 6. Further, Affiant sayeth naught. COMENITY BANK Authorized Ag The fore instrument was knowled before me this day of ,707-[ by D , Authorized Agent of Comenity LLC, authorized agent of Comenity B k on behalf of said Servicing Bank. No Public L CK of Franklin HEA County )TARYPUBUC.STATECF MO commWonHasNoE gm Das aggon 47.030Ac. FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 EXHIBIT H CERTIFICATE OF CONFORMITY STATE OF Ohio COUNTY OF Franklin The undersigned does hereby certify that he is a person duly q=EE:d to make this certificate of conformity pursuant to Section 299a of the Real Property Law of the State of New York; that the foregoing acknow!cdgment by Heather Morgan named in the fengoing Affidavit of Sale of Account By Original Creditor taken before Heather L. Keck, a notary in the State of Ohio, was taken in the manner prescribed by such laws of the State of Ohio, being the State in which it was taken; and that it duly corfc:-a with such laws and is in all respects valid and effective in such state. te Heather J. Coy: Attorney at Law Admitted to practice in the State of Ohio Ohio Attorney Regist etion No: 0095168 FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 SELLER Account Itemization Account Number 3393 Original Creditor COMENITY BANK f/k/a World Financial Network Bank Borrower's Full Name GLYNIS TREAT Client's Name SONY VISA Origination Date 3/28/2012 Last Payment Date 8/21/2019 Last Payment Amount $30 Charge Off Date 3/31/2020 Charge Off Balance $864.65 Total of Post Charge Off Interest $0 at time of sale Total Post Charge Off Fees SO and Charges at time of sale Total Post Charge Off Credits $0 at time of sale Total Post Charge Off SO Payments at time of sale Buyer name MIDLAND CREDIT MANAGEMENT, INC Sale Date 4/27/2020 Balance at time of Sale $864.65 FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 ................_______----.._........-----.....................___..__-...---..-.---..---.--.....--..-..-- --- ---...............--. PAGE 1OF4 Summa of account activit Payment information Accountno. "*-™*-**-3393 Newbalance $864.65 Minimumpaymentdue $234.00 Previousbalance $807.70 Paymentduedate 04/21/2020 Payments 0.00 Othercredits 0.00 Ute Paymentwarning: Purchases Om IIwe do notreceiveyourminimumpaymentby 04/21/2020you may Olherdebits 0.00 -haveto payup toa la Cashadvance 0.00 gg-mimumpaymentwarning Ifyou makeonlyemminimum Balancetransfer 0.00 paymentforeachperiod,youwinpay morein inlerestandRwiAtain . . Feescharged 40.00 youlongerto payolf yourbalances.Forexample: Interestcharged 16.95 Newbalance $864.65 If you makenoadditional Youwill payoff Andyou will . chargesusingthis card thebalanceshown end uppayingan Pastdueamount 208.00 andeachmonthyou pay: on thestatement estimatedtotal Creditlimit $500.00 In about· of: . Availablecredit $0.00 Onlytheminimumpayment 3years S1215 Forinformationregardingcreditcounselingservices, Statement can1-800-2MOS. closingdate 03/26/2020 Daysin billingcycle 31 UsetheriewQRcodeprintedonyourstatementstubbelowlo accessyouraccountutilizingouroruHirnepayment .. . portal,Comenity'sEasyPay. Details of our transactions ..TRANS DATE TRANSACT ON ESCRIPT ONA.OCATiON AMOUNT Fees OS/21/2020 LATEFEE 40.00 Totalfeeschargedfor this period . . $40.00 ..............._ _........................._ _____________...___ _............................................_ _.......-..................... ________.......--- _..._____,_........__. . Interest charged Interestchargeon purchases $16.95 Interestchargeon cashadvance $0.00 Interestchargeon balancetransIer $0110 Totalinterestfor this period $18.95 . . 2020totals yearto date Totalfeeschargedin 2020 $120.00 Totalinterestchargedin2020 $46.37 Interest charge calculation YourAnnualPercentage Rate(APR)is theannualinterestrateon youraccount.SeeBALANCECOMPUTATION METHOD on page2 formoredetails.Minimuminterestchargemayexceedinterestchargebelow,peryourcreditcardagreement. TYPE OF aALANCESuBJECT INTEREST aALANCE APR TOINTERESTRATE CHARGE Purchases 24.2400%(v) 823.55 16.95 Cashadvances 25.2400%(v) 0.00 0.00 Additional im•ortant messa•es AFFECTED BY COVID-19? carnanitv Bank OFFERS SUPPORT scounNUED) -...................NcmcE Seeraw sh fw above tearatperforadon Pionee . Account number ****-****-****-S393 Newbalance Winimum S Y S864.65 payment S234.00 994 edcr u my Araounter-la•*d: 6 04/2 ress Pleasemakecheckpayableto: COMENITY- SONYVISA Pleaseretumthisportionalongwithyourpayment to: GLYNISTREAT 212CHAPELST PO BOX 659813 . . PENNYANNY14527-1106 SAN ANTONIO TX 78265-9113 FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 ....................................-........__ __._...-,................................._..______.-..-___........---..-.------------..---------------------........-... Keep thisportion foryourrecords. CREDIT REPORTING. Wemayreport information about youraccount to InhatToDoIf YouThinkYouFindAMisiahe OrsYourStalement creditbureaus. Latepayments, missed payments, orotherdefaults onyour . Ifyouthinkthereisanerroronyourstatement, . account may b ereflected inyourcreditreport. writetousat:Comeruty BankP0Box182782, Columbus, Ohio432I&2782. NOTICE OFCREDIT REPORT DISPUTES Inyourletter,giveusthefollowing inforrnation: Ifyoubelieve theaccount information wereported toaconsumer reporting • Account information: Yourname andaccount agency isinaccurate, youmaysubmit adirectdispute toComenity BankP0 number. Box 182789, Columbus, Ohio43218-2789. Your written d isputemust • Dollar smount: Thedollaramount ofthesuspected ermr- • Description prwidesufficient information to identify theaccount andspecify whythe ofRoblem: Ifyouthinkthereisanerroronyourbill, information is inaccurate: describe whatyoubelieve iswrong andwhyyoubelieve it isamistake. • Account Infanuation: Your name andaccount number Youmustcontact uswithin60days aftertheerrorappeared onyour • Contact Information: Your address andtelephone number statement. • Disputed Infannation: Identify theaccount information dispuled and explain w hyyoubehese stisinaccurage Youmustnotifyusofanypotential enorsinwritir\g. Youmaycallus,butif . Supporting Documentation: If agailable, provide a o fthesection youdowearenotrequired toinvestigate copy of anypotential enous andyoumay thecreditseport shomrg theaccount information youaredisputing have topaytheamount mquestion. While . weswestigate Wewillimestigate thedisputed information andreport theresults toyou whether ornottherehasbeen anerror,thefollowing within ofreceipt oftheinformation amtme: 30days needed foreurimestigation. If • Wecannot trytocollecttheamount inquestion, orreport youas wefindthattheam••lt information wereported is inaccurate, wewill delinquent onthatamount. promptly praidethenecessary correction toeachconsumer reporting • Thecharge agency towhichwe reported theinformation. mquestion mayremain onyourstatement, andwemay continue tocharge youinterest onthatamount. But,if wedetermine that PAYMENTS MARKED "PAID INFULL'.Allwritten communications wemade a mistake, youwillnothavetopaytheamount inquestion or regarding disputed amounts that include anycheck orotherpayment anyinterest orotherfeesrelated tothatamount. instrurnent marked with payment in full"orsimilar language, mustbesent • While youdonothave topaytheamount . inquestion, to:6550 North L oop 1604 East, Suite 101, S an Antonio, TX78247-5004. youareresponsibleDONOT USE THEENCLOSED REMITTANCE ENVELOPE. fortheremainder ofyourbalance- - Wemayaccept payment senttoanyotheraddress • Wecanapplyanyunpaid amount against yourcreditlimit- without losinganyof owrights. Your Rights H YouheDissatisfie I1912Your - Nopayrnent shalloperate asanaccord andsatislaction without pgior GeditCaniRschases approval. written Ifyouaredissatisfied withthegoods orservices thatyouhavepurchased withyourcreditcard,andyouhave triedingood faithtocorrect the CUSTOMER SERVICE. Visitcomenity.nettsonyvisa orcall1¬86&518-3992 pmblem withthemerchant, youmayhave therightnottopaytheremaining(Sony Visa),1-8046955772 (Sony VisaSignature) (TDDfITY amount dueonthepurchase. 14100-695-1788). Tousethisright,allofthefollowing mustbetrue: TEl.EPHONE MONITORING. To provide you with high-quality phone seuvice, cornmunication withusismonitored and/or recorded. '.Thepurchase musthavebeenmade inyourhome stateorwithin100 ADDITIONAL INFORMATION. Thefollowing when milesofyourcurrent mailing a ddress, andthepurchase price must have designations, appearitig been morethan$50.(Note- Neither ofthese isnecessaly ifyourpurchase onthefrontofyourstatement, WVINTPAY mean thefollowing: Vmeans variablerate wasbased onanadvertisement wemailed toyou,orif weownthecompany (thisratemayvaryh RQmeans WAIVE INTEREST, PAYMENT thatsoldyouthegoods orsennces.) REQUIR ED:WVINTEQPYmeans WAlVE INTEREST, EQUAL PAYMENT; WV INTLOW PMT means WAlVE INTEREST, LOW PAYMENT; DFINTPYRQ 2.Youmusthaveused yourcreditcardforthepurchase. Purchases made means DEFER INTEREST, PAYMENT REQUIR ED: DEF INTEQPYmeans withcashadvances fromanATMorwithacheck thataccesses yourcredit DEFER INTEREST, EQUAL PAYMENT; DFINTLOW PMT means DEFER cardaccount donotqualify. INTEREST, LOW PAYMENT andLOW APREQPAY means LOW APR, EQUAL 3.Youmustnotyethavefullypaidforthepurchase' PAYMENT. Ifyouhave avariable rateaccount, yourperiodic ratesmayvary. YoumaypayallofyourAccount balance atanytimewithout penalty. Ifallofthecriteria above aremetandyouarestilldissatisfied withthe purchase, contact usmwritheat:Comemty BankPOBox182782, sendallinquiries to:CUSTOMER SERVICE, POBox182273. Columbus, Columbus, Ohio43218-2782. OMo 43218-2273 While wemvestigate, thesame rulesapply10thedisputed Send a ll bankmptsy notices and related correspondence to Comenity Bank, amount as POBox182125, discussed above. Afterwefinishourmvestigation, wewilltellyouour BhmptcyDeputment, Columbus, Ohio43218-2125. decision. Atthatpoint,if wethinkyouoweanamount andyoudonotpay NOTICE ABOUT ELECTRONIC CHECK CONVERSION. When youprovide a wemayrepost youasdelinquent. checkaspayment, youauthorize useithertouseinformation fromyour PAYlNG (NTEREST. Yourduedateisatleast25days afterthecloseof check10make aone-time electmnic fundtransfer fromyouraccount orto eachbillingcycle.Wewillnotcharge youinterest onpurchases ifyoupay process thepayment asachecktransaction. When weuseinformation imm yourentirebalance Wewillbegincharging your checktomake anelectronic fundtransfer, funds maybewithdrawn bytheduedateeachrnonth. from your a ccount assoon a sthe same d ay we receive your and mterest onbalance transfers andcash advances onthetransaction date- p ayment, Wewillbegintocharge interest onnewpurchases made under aLowAPR, youwillnotreceive yourcheckbackfromyourfinancial institution. Equal Payment orBudget Payment Credit Planfromthedateofpurchase. BALANCE COMPUTATION METHOD. Wecalculate interestseparately for eachtypeofbalance onyouraccount using a "DailyBalance" todetermine interest charges foreachbillingperiod. Wefiguretheinterest charge on youraccount byapplying theperiodic ratetothe"daily balance" ofyour account foreachdayinthebillingcycle.Togetthe"dailybalance" we takethebeginning balance ofyouraccount eachday,addanynew purchases, advances, feesandbalance transfess,andsubtract any payments orcredits (treating anynetcreditbalance asa2erobalance). This gives usthedailybalance. PAYMENTS. PayyourAccount bythepayment duedatebythetimelistedbelow. yourpayment Ifwedonotreceive inacorrectformat (outlined below)it maynotbecredited toyourAccount foruptofivedays,ormayberejected. yourpayment Also, mustreachusbythepayment cutofftimethatapplies to thepayment method youselect.Thiscardisissued byComanity Bankpursuant fromVisaU.S.A. toalicense Inc.Visaisaregisteredtrademark ofVisa U.S.A.Inc. Conect Format.Correctformatfordifferent paymentmethods include: Mallingor0eemight Send apersonal check,moneyorder,traveler's checkpayable checkorcashier's inU.S.dollars,tothename andaddress shown on thisStatementinthepayment stubareacontaining yourbalance andminimum paymentamount.8esuretomclude yourpayment stub,donotslaple or clipyourpayment tothestub,include youraccount number onyourcheck, provided usetheenvelope withyourStatement,sendonepayment withone payment stubanddonotsendanycorrespondence withyourpayment. Youshouldovemighta paymentto6550North 1.oop1604East, Suite101,San Antonio,TX78247-5004 andtheadditionalformat requirements arethesameasothermailedpayments unless thereisadispule,inwhichcase youfollow thePayments Marked "PaidInFuirsectionabove. PayByPhouil- Donotsendcashorgiftcertificates. Youcancallustollfreeat14166-518-3992 (Sony Visa),1-800-69E5772 CSony VisaSignature) (TDDflTYI-80Cb69E1788) 10make apaymentbylegephone,whichmayinclude afee.Galine- Youcan make a payment onlineatcemenity.oettsonyvism. Payment CutoffTimes. Paymentcutofftimes/deadlines forustoreceive paymentsarebytheduedateonthisStalement inthepayment stubareaatthe times:MailiigandOvemight following By6:00pmEastem Time(ET); PayByPhane-By8.40pm(ET);Galine: By8:00pm(ET). NewInformation Title(optional) FirstName MI LastName Soc.Sec.No. StreetAddress Apt.No. RR POBox City,_. State ZipCode MapCode Foreign HornePhone WorkPhone EmaitAddress FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 PAGESOF4 Additional im•ortant messas es - seatinued As the bank that manages your credit card, our hearts go out to those affected by the coronavirus (COVID-19) pandemic. The support we're artanding to you. If you're expensing financial hardship because of COVID-19, please contact us to discuss how we may be able to help. Send us a message through the Secure Message Center on Account Center or call 1-866-518-3992 (TDD/TTY: 1-800-695-1788). Account Center is available 24 / for you to manage your SONY VISA account online. You can send and receive secure meseges, make payments and view your balance, transactions and statements online. Not yet registered? Visit www.comenity.net/sonyvisa, enter your SONY VISA credit card account number and ZIP code, then verify your identity. We're looldng out for you. We remain focused on the health and well-being of our customers and associates, and we'll continue to stay on top of what's happening during the COVID-19 pandemic so we can best support you. IMMEDIATE ATTENTION REQUIRED! Your Account is extremely past due and will be written off as a bad debt at the end of this month. To avoid this, you can pay the Minimum amount shown on this statement before the end of this month. If you are not able to pay the Minimum Payment amount, we will still be able to assist you and prevent your account from being written off. Call us at 1-855-617-8089 (TDD/TTY 1-800-695-1788) and we will find a suitable payment before the end of this month. If written off, the bad debt will be reported to the three major credit bureaus and our Recovery team will determine the appropriate steps, as permitted and available under applicable law, to protect our interests. C~=:.::Tieis are entitled to one free credit report per year. To request yours call 1-877-322-8228 or visit annualcreditreport.com FILED: YATES COUNTY CLERK 10/04/2021 10:39 AM INDEX NO. 2021-5178 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 10/04/2021 Rate and Fee Summary This Rate and Fee GUmmary (Gümmcuy) is part of the Credit Card Agrêêmêñt (Agreement) for the fe!!e=!ng credit card accounts: • Visa® Credit Card • Visa S:gñaturG® Sony Sony Credit Card • PlayStation Visa® Credit Card • PlayStation Visa Signature® Credit Card Read it and keep it. Annual Percentage Rate 22.74% (APR) for Purchases This APR will vary with the market based on the Prime Rate. APR for Balance Transfers 26.99% APR for Cash Advances 23.74% This APR will vary with the market based on the Prime Rate. Paying Interest Your due date is at least 25 days after the close of each billing period. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on balance transfers and cash advances on the transaction date. Minimum Interest Charge If you are chaiged interest, the charge will be no less than $2 per credit plan. For Credit Card Tips from the To learn more about factors to consider when for or applying Consumer Financial using a credit card, visit the website of the Consumer Financial Protection Bureau Protection Bureau at htto://www.consumerfinance.cov!1earnmore. Annual Fee None ) Transaction Fees • Balance Transfer Either $10 or 5% of the amount