Preview
FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023
CONSUMER CREDIT TRANSACTION
Index # E2023-1958
SUPREME COURT OF THE STATE OF NEW YORK
12/13/2023
COUNTY OF SULLIVAN X
LVNV Funding LLC SUMMONS
Plaintiff, Plaintiffs Address:
-against- 355 S Main Street
Greenville SC 29601
Mardette Wilcox
Defendant(s).
The Basis of Venue is:
CPLR SEC. 503(f). Defendants
residence is in the County of
SULLIVAN.
X
Defendant(s) Address:
DEF1- 56 COUNTRY CALLICOON NY 12723-5006
RD,
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your
answer on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of
service, or within 30 days after service is complete if this summons is not personally delivered to you within the
State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose.
Dated: November 30, 2023
Matter # 507029 Affla /
¡ tephen Einstein ¡ Urva S. Ahmed
¡ Anthony S. Poulin ¡ Joseph J. Cassotta
¡ Scott Morris ¡ Joseph G. Devine
¡ Chester Andrew Guala ¡ Gerard W. DeStefano
2 Elladia Lopez ¡ Richa Bhandari
Tromberg, Morris & Poulin, PLLC.
Attorneys for the Plaintiff
39 Broadway, Suite 1250
New York, N.Y. 10006
12/5/2023
S_S_SUP-SUM
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FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
LVNV Funding LLC Index # E2023-1958
Plaintiff,
-against-
COMPLAINT
Mardette Wilcox
Defendant(s).
Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges
that:
1. Plaintiff is an active foreign entity conducting business in the state of SC.
2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which this
action is brought, or the Defendant(s) transacted business within the venue in which this action is brought,
either in person or through an agent, and the instant cause of action arose out of said transaction.
3. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein
has not expired.
AS AND FOR A FIRST CAUSE OF ACTION
4. Upon information and belief the Defendant(s) hereto entered into a Revolving Credit Account
Agreement (hereinafter "Account") with Credit One Bank, N.A. (hereinafter "Original Creditor"), the
Original Creditor as defined by CPLR §105(q-1), bearing an account number on the most recent statement
ending in #XXXXXXXXXXXX0554, as so evidenced in the statement attached hereto, wherein
Defendant(s) agreed to pay Original Creditor all amounts charged to said Account.
5. Upon information and belief, Defendant(s) incurred charges by use of the said Account and
defaulted. As a result of the Defendant's default the Original Creditor closed the Account and
subsequently charged it off on 03/13/2022 in the amount of $1,426.40. Pursuant to CPLR §3016(j) a
copy of the Charge-Off Statement is attached hereto.
6. Susequently, the Original Creditor sold/ assigned the Account, including all rights, title and interest
in and to the outstanding balance owed by Defendant(s). Plaintiff, purchased and/or took by assignment
the account herein on or about 04/22/2022. The complete chain of sale and assignment and dates sold
and/or assigned are as follows:
Assignor Date of Transfer Amt. at Time of Transfer
Transfer 1: Credit One Bank, N.A. 03/31/2022 $1,426.40
Transfer 2: MHC Receivables, LLC and FNBM, LLC 04/22/2022 $1,426.40
Transfer 3: Credit Asset Sales LLC 04/22/2022 $1,426.40
Transfer 4: Resurgent Acquisitions LLC 04/22/2022 $1,426.40
7. Upon information and belief the date of last payment on this account was 08/08/2021 in the amount
of $47.00.
S_S_COM-RTL
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FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023
8. At this time, Defendant(s) owes $1,426.40 on the Account. This amount includes a charge-off
balance of $1,426.40, post-charge-off interest of $0.00, non-interest charges or fees accrued since charge-
off of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00;
and that amount has not been paid despite due demand.
WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,426.40, plus costs
and disbursements.
CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC. Deponent
certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable
under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined
in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not
obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this
Title. Affirmed this 30th day of November, 2023.
Matter # 507029 ¡ Stephen Einstein C/ ¡ Urva S. Ahmed
¡ Anthony S. Poulin ¡ Joseph J. Cassotta
¡ Scott Morris ¡ Joseph G. Devine
¡ Chester Andrew Guala ¡ Gerard W. DeStefano
2 Elladia Lopez ¡ Richa Bhandari
S_S_COM-RTL
3 of 10
FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023
"A"
ExHIBIT
(CHARGE-OFF/ LAST STATEMENT)
Matter #: 507029
5_EXH-COSM
4 of 10
FILED: SULLIVAN CREDIT
COUNTY CLERK 12/12/2023 08:47 INDEX PM
NO. E2023-1958
ONE BANK CREDIT CARD STATEMENT
NYSCEF DOC. NO. 1 Account Number 0554 RECEIVED NYSCEF: 12/12/2023
February 12, 2022 to March 11, 2022
SUMMARY OF ACCOUNT ACTMTY PAYMENT INFORMATION
Previous Balance $1,355.01 New Balance $1,426.40
Payments - $0.00 Past Due Amount $405.00
Other Credits - $0.00 Amount Due This Period $1,060.40
Purchases + $0.00 MinImum Payment Due $1,426.40
Balance Transfers + $0.00 Payment Due Date 04/07/22
Cash Advances + $0.00
Late Payment Warning:
Fees Charged + $47.25 If we do not receive your minimum payment by the date listed above,
Interest Charged + $24.14 you may have to pay a late fee up to $39.
New Balance $1,426.40 MIngmum Payment Warning:
If you make only the minimum payment each period, you will pay more
Credit Limit $950.00 In Interest and It will take you longer to pay off your balance.
Available Credit $0.00
Statement Closing Date 03/11/22 For example:
Days in Billing Cycle 28 If you make no You will pay off the And you will
additional charges balance shown on end up paying
QUESTIONS7 using thIs card and the statement In an estimated
Cali Customer Service or Report each month you pay- about... total of...
a Lost or Stolen Credit Card 1-877-825-3242
Only minimum
Outside the U.S. Call 1-702-405-2042
they 1 months $1,426.00
Please send billing inquiries and correspondence to:
If you would IIke a location for credit counseling services, call
P.O. Box98873, Las Vegas, NV 89193-8873
1-866-515-5720. Or you may visit www.Justice.gov/ust/IIst-
credit-counseling-agencles-approved-pursuant-11-use-111.
TRANSACTIONS
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
Fees
F572700EN000CYLAC 03/11 03/11 ANNUAL FEE 04/22 THROUGH 04/22 8.25
03/11 03/11 LATE FEE 39.00
TOTAL FEES FOR THIS PERIOD 47.25
Interest Charged
03/11 03/11 Interest Charge on Purchases 24.14
03/11 03/11 Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 2434
2022 Totals Year-to-Date
Total fees charged in 2022 $141.75
Total interest charged in 2022 $69.60
Your account Is currently closed.
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) Is the annual Interest rate on your account.
Balance Subject to
Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge
Purchases 23.90%(v) $1,211.89 $24.14
Cash Advances 23.90%(v) $0.00 $0.00
(v) = Variable Rate
5365 JBH 0D1 7 11 220311 D C X PAGEt of 1 2 D 5727 9620 M250 01GR5365
Pleasereturnthisportionwithyourpayment,andwriteyouraccountnumberan yourcheck,rnadepayableto cREDWONEBANK.
PAY YOUR BILL ONLINE at CreditOneBank.com
Account Number: 0554
B A N K New Balance: $1,426.40
Minimum Payment Due: $1,426.40
Payment Due Date: 04M7/22
For address, telephone and email changes,
please complete the reverse side.
Or. update your contact Information online
at www.CreditOneBank.com. AMOUNT ENCLOSED:
I I.I I I (.. (.1........ I.. I (I I.1I.1II...1I.I... II.... I.I.11..I II....
CREDIT ONE BANK MARDETTE WILCOX
PO BOX 60500 56 COUNTRY RD
CITY OF INDUSTRY CA 91716-0500 CALLICOON NY 12723-5006
.....I. I.. I.. II. III.I. I.I..I.l l....I. III I.I III III..I I.I.1..11I.I.
5 of 10
FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023
"B"
ExHIBIT
(LASTUSE OF CARDSTATEMENT/ BALANCE)
Matter #: 507029
5_ EXH-LPAM
6 of 10
FILED: SULLIVAN CREDIT
COUNTY CLERK 12/12/2023 08:47 INDEX PM
NO. E2023-1958
ONE BANK CREDIT CARD STATEMENT
NYSCEF DOC. NO. 1 Account Number 0554 RECEIVED NYSCEF: 12/12/2023
July 12, 2021 to August 11, 2021
SUMMARY OF ACCOUNT ACTMTY PAYMENT INFORMATION
Previous Balance $928.14 New Balance $946.43
Payments - $47.00 Past Due Amount $0.00
Other Credits - $0.00 Amount Due This Period $87.00
Purchases + $0.00 MinImum Payment Due $87.00
Balance Transfers + $0.00 Payment Due Date 09/07/21
Cash Advances + $0.00
Late Payment Warning:
Fees Charged + $47.25 If we donot receive your minimum payment by the date listed above,
Interest Charged + $18.04 you may have to pay a late fee up to $39.
New Balance $946.43 MIngmum Payment Warning:
If you make only the minimum payment each period, you will pay more
Credit Limit $950.00 In Interest andItwill take you longer to pay off your balance.
Available Credit $3.00
Statement Closing Date 08/11/21 For example:
Days in Billing Cycle 31 Ifyou make no Youwill pay off the And you will
additional charges balance shown on end uppaying
QUESTIONS7 using thIs card and the statement In an estimated
Cali Customer Service or Report each month you pay- about... total of...
a Lost or Stolen Credit Card 1-877-825-3242
only e mInImum
Outside the U.S. Call 1-702-405-2042
3 years $1.344.00
Please send billing inquiries and correspondence to:
If you would IIke a location for credit counseling services, call
P.O. Box98873, Las Vegas, NV 89193-8873
1-866-515-5720. Oryou may visitwww.Justice.gov/ust/IIst-
credit-counseling-agencles-approved-pursuant-11-use-111.
TRANSACTIONS
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
74071936WOOXTMJRE 08/08 08/08 PAYMENT -MOBILE APP LAS VEGAS NV -47.00
Fees
F5727006ZOOOCYLAC 08/11 08/11 ANNUAL FEE 09/21 THROUGH 09/21 8.25
08/11 08/11 LATE FEE 39.00
TOTAL FEES FOR THIS PERIOD 47.25
Interest Charged
08/11 08/11 Interest Charge on Purchases 18.04
08/11 08/11 Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 18.04
2021 Totals Year-to-Date
Total fees charged In 2021 $261.00
Total Interest charged in 2021 $156.31
NOTICE OF CHANGE IN TERMS TO YOUR CARD AGREEMENT
heading" Fees:"
Under the the "Transaction Fee for Balance
Transfers"
paragraph (if it appears in your Card Agreement)
is being removed. AII other terms disclosed in your Card
Agreement remain unchanged. Please keep a copy of this
document with your Card Agreement for future reference.
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) is the annual Interest rate on your account.
Balance Subject to
Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge
Purchases 23.90%(v) $905.83 $18.04
Cash Advances 23.90%(v) $0.00 $0.00
(v) = Variable Rate
5365 JBH DD1 7 11 210811 D PAGE1of 1 2 D 5727 9620 M250 01GR5365
Pleasereturnthisportionwithyourpayment,andwriteyouraccountnumberan yourcheck,rnadepayableto cREDWONEBANK.
PAY YOUR BILL ONLINE at CreditOneBank.com
Account Number: 0554
B A N K New Balance: $946.43
Minimum Payment Due: $87.00
Payment Due Date: 09M7/21
For address, telephone and email changes,
please complete the reverse side.
Or. update your contact Information online
at www.CreditOneBank.com. AMOUNT ENCLOSED:
I..III I..II(.. (.....l.I[II[I....I...I..I...Il.I.IIIIIl...II.I...
CREDIT ONE BANK MARDETTE WILCOX
PO BOX 60500 56 COUNTRY RD
CITY OF INDUSTRY CA 91716-0500 CALLICOON NY 12723-5006
.IIII..Il.Il..II.l.I...IIII.II..l.I.III.Ill.II.....II.I... l.III..
7 of 10
FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958
12/13/2023
Index # E2023-1958
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
LVNV Funding LLC
Plaintiff
-against-
Mardette Wilcox
Defendant(s)
SUMMONS AND COMPLAINT
Signature (Rule 130-1. 1-a)
¡ Stephen Einstein ¡ Urva S. Ahmed
¤ Anthony S. Poulin ¤ Joseph J. Cassotta
¡ Scott Morris O Joseph G. Devine
¡ Chester Andrew Guala ¡ Gerard W. DeStefano
Elladia Lopez ¡ Richa Bhandari
LAW OFFICE OF
TROMBERG, MORRIS & POULIN, PLLC.
Attorney(s) for Plaintiff
Office and Post Office Address
39 Broadway, Suite 1250
New York, New York 10006
(212) 267-3550
Fax (212) 227-9656
Service of a copy of the within is hereby admitted.
Dated,
Attorney(s) for Plaintiff(s)
Sir: Please take notice
¡ NOTICE OF ENTRY:
That within is a (certified) true of a duly entered in the office of the clerk
copy
of the within named court on
¡ NOTICE OF SETTLEMENT
That an order of which the within is a true copy of a
Settlement to the HON. Presented for one of the
judges
Of the within named court, at
On the ___ day of 2023 at _ A.M
Dated,
S_S_SUP-BB
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FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SULLIVAN
LVNV Funding LLC Index # E2023-1958
Plaintiff,
-against-
Mardette Wilcox
Defendant(s).
NOTICE OF COMMENCEMENT OF ACTION
SUBJECT TO MANDATORY ELECTRONIC FILING
PLEASE TAKE NOTICE that the matter captioned above has been commenced as an
electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as
required by CPLR § 2111 and Uniform Rule § 202.5-bb (MANDATORY ELECTRONIC FILING).
This notice is being served as required by that rule.
NYSCEF is designed for the electronic filing of documents with the County Clerk and the
court and for the electronic service of those documents, court documents, and court notices upon
counsel and unrepresented litigants who have consented to electronic filing.
Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be
filed with the County Clerk and the court and served on other parties simply, conveniently, and
quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the
NYSCEF Website, which can be done at any time of the day or night on any day of the week. The
documents are served automatically on all consenting e-filers as soon as the document is uploaded to
the website, which sends out an immediate email notification of the filing.
The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record,
nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can
be done on-line.
Parties represented by an attorney: An attorney representing a party who is served with this
notice must either: 1) immediately record his or her representation within the e-filed matter on the
NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is
pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that
they lack the computer hardware and/or scanner and/or internet connection or that they lack (along
with all employees subject to their direction) the operational knowledge to comply with e-filing
requirements. [Section 202.5-bb(e)]
Parties not represented by an attorney: Unrepresented litigants are exempt from efiling.
They can serve and file documents in paper form and must be served with documents in paper
form. However, an unrepresented litigant may participate in e-filing. For information on how to
participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where
the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also
Preview
FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023 CONSUMER CREDIT TRANSACTION Index # E2023-1958 SUPREME COURT OF THE STATE OF NEW YORK 12/13/2023 COUNTY OF SULLIVAN X LVNV Funding LLC SUMMONS Plaintiff, Plaintiffs Address: -against- 355 S Main Street Greenville SC 29601 Mardette Wilcox Defendant(s). The Basis of Venue is: CPLR SEC. 503(f). Defendants residence is in the County of SULLIVAN. X Defendant(s) Address: DEF1- 56 COUNTRY CALLICOON NY 12723-5006 RD, TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the Plaintiffs Attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after service is complete if this summons is not personally delivered to you within the State of New York; and in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. We are attorneys attempting to collect a debt. Any information obtained will be used for that purpose. Dated: November 30, 2023 Matter # 507029 Affla / ¡ tephen Einstein ¡ Urva S. Ahmed ¡ Anthony S. Poulin ¡ Joseph J. Cassotta ¡ Scott Morris ¡ Joseph G. Devine ¡ Chester Andrew Guala ¡ Gerard W. DeStefano 2 Elladia Lopez ¡ Richa Bhandari Tromberg, Morris & Poulin, PLLC. Attorneys for the Plaintiff 39 Broadway, Suite 1250 New York, N.Y. 10006 12/5/2023 S_S_SUP-SUM 1 of 10 FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN LVNV Funding LLC Index # E2023-1958 Plaintiff, -against- COMPLAINT Mardette Wilcox Defendant(s). Plaintiff, by its undersigned attorneys, complaining of the Defendant(s), respectfully alleges that: 1. Plaintiff is an active foreign entity conducting business in the state of SC. 2. Upon information and belief, the Defendant(s) resides or has an office in the venue in which this action is brought, or the Defendant(s) transacted business within the venue in which this action is brought, either in person or through an agent, and the instant cause of action arose out of said transaction. 3. Based upon a reasonable inquiry, the Statute of Limitations for the cause of action asserted herein has not expired. AS AND FOR A FIRST CAUSE OF ACTION 4. Upon information and belief the Defendant(s) hereto entered into a Revolving Credit Account Agreement (hereinafter "Account") with Credit One Bank, N.A. (hereinafter "Original Creditor"), the Original Creditor as defined by CPLR §105(q-1), bearing an account number on the most recent statement ending in #XXXXXXXXXXXX0554, as so evidenced in the statement attached hereto, wherein Defendant(s) agreed to pay Original Creditor all amounts charged to said Account. 5. Upon information and belief, Defendant(s) incurred charges by use of the said Account and defaulted. As a result of the Defendant's default the Original Creditor closed the Account and subsequently charged it off on 03/13/2022 in the amount of $1,426.40. Pursuant to CPLR §3016(j) a copy of the Charge-Off Statement is attached hereto. 6. Susequently, the Original Creditor sold/ assigned the Account, including all rights, title and interest in and to the outstanding balance owed by Defendant(s). Plaintiff, purchased and/or took by assignment the account herein on or about 04/22/2022. The complete chain of sale and assignment and dates sold and/or assigned are as follows: Assignor Date of Transfer Amt. at Time of Transfer Transfer 1: Credit One Bank, N.A. 03/31/2022 $1,426.40 Transfer 2: MHC Receivables, LLC and FNBM, LLC 04/22/2022 $1,426.40 Transfer 3: Credit Asset Sales LLC 04/22/2022 $1,426.40 Transfer 4: Resurgent Acquisitions LLC 04/22/2022 $1,426.40 7. Upon information and belief the date of last payment on this account was 08/08/2021 in the amount of $47.00. S_S_COM-RTL 2 of 10 FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023 8. At this time, Defendant(s) owes $1,426.40 on the Account. This amount includes a charge-off balance of $1,426.40, post-charge-off interest of $0.00, non-interest charges or fees accrued since charge- off of $0.00, less any post-charge-off credits or payments made by or on behalf of the Defendant of $0.00; and that amount has not been paid despite due demand. WHEREFORE, Plaintiff demands judgment against Defendant(s) in the sum of $1,426.40, plus costs and disbursements. CERTIFICATION: Deponent is an attorney associated with Tromberg, Morris & Poulin, PLLC. Deponent certifies that, to the best of their knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined in section 130-1.1(c) of the Chief Administrative Judge, and an initiating pleading, the matter was not obtained through illegal conduct, and the matter was not obtained in violation of Part 1200. Rule 4.5 of this Title. Affirmed this 30th day of November, 2023. Matter # 507029 ¡ Stephen Einstein C/ ¡ Urva S. Ahmed ¡ Anthony S. Poulin ¡ Joseph J. Cassotta ¡ Scott Morris ¡ Joseph G. Devine ¡ Chester Andrew Guala ¡ Gerard W. DeStefano 2 Elladia Lopez ¡ Richa Bhandari S_S_COM-RTL 3 of 10 FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023 "A" ExHIBIT (CHARGE-OFF/ LAST STATEMENT) Matter #: 507029 5_EXH-COSM 4 of 10 FILED: SULLIVAN CREDIT COUNTY CLERK 12/12/2023 08:47 INDEX PM NO. E2023-1958 ONE BANK CREDIT CARD STATEMENT NYSCEF DOC. NO. 1 Account Number 0554 RECEIVED NYSCEF: 12/12/2023 February 12, 2022 to March 11, 2022 SUMMARY OF ACCOUNT ACTMTY PAYMENT INFORMATION Previous Balance $1,355.01 New Balance $1,426.40 Payments - $0.00 Past Due Amount $405.00 Other Credits - $0.00 Amount Due This Period $1,060.40 Purchases + $0.00 MinImum Payment Due $1,426.40 Balance Transfers + $0.00 Payment Due Date 04/07/22 Cash Advances + $0.00 Late Payment Warning: Fees Charged + $47.25 If we do not receive your minimum payment by the date listed above, Interest Charged + $24.14 you may have to pay a late fee up to $39. New Balance $1,426.40 MIngmum Payment Warning: If you make only the minimum payment each period, you will pay more Credit Limit $950.00 In Interest and It will take you longer to pay off your balance. Available Credit $0.00 Statement Closing Date 03/11/22 For example: Days in Billing Cycle 28 If you make no You will pay off the And you will additional charges balance shown on end up paying QUESTIONS7 using thIs card and the statement In an estimated Cali Customer Service or Report each month you pay- about... total of... a Lost or Stolen Credit Card 1-877-825-3242 Only minimum Outside the U.S. Call 1-702-405-2042 they 1 months $1,426.00 Please send billing inquiries and correspondence to: If you would IIke a location for credit counseling services, call P.O. Box98873, Las Vegas, NV 89193-8873 1-866-515-5720. Or you may visit www.Justice.gov/ust/IIst- credit-counseling-agencles-approved-pursuant-11-use-111. TRANSACTIONS Reference Number Trans Date Post Date Description of Transaction or Credit Amount Fees F572700EN000CYLAC 03/11 03/11 ANNUAL FEE 04/22 THROUGH 04/22 8.25 03/11 03/11 LATE FEE 39.00 TOTAL FEES FOR THIS PERIOD 47.25 Interest Charged 03/11 03/11 Interest Charge on Purchases 24.14 03/11 03/11 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 2434 2022 Totals Year-to-Date Total fees charged in 2022 $141.75 Total interest charged in 2022 $69.60 Your account Is currently closed. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) Is the annual Interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 23.90%(v) $1,211.89 $24.14 Cash Advances 23.90%(v) $0.00 $0.00 (v) = Variable Rate 5365 JBH 0D1 7 11 220311 D C X PAGEt of 1 2 D 5727 9620 M250 01GR5365 Pleasereturnthisportionwithyourpayment,andwriteyouraccountnumberan yourcheck,rnadepayableto cREDWONEBANK. PAY YOUR BILL ONLINE at CreditOneBank.com Account Number: 0554 B A N K New Balance: $1,426.40 Minimum Payment Due: $1,426.40 Payment Due Date: 04M7/22 For address, telephone and email changes, please complete the reverse side. Or. update your contact Information online at www.CreditOneBank.com. AMOUNT ENCLOSED: I I.I I I (.. (.1........ I.. I (I I.1I.1II...1I.I... II.... I.I.11..I II.... CREDIT ONE BANK MARDETTE WILCOX PO BOX 60500 56 COUNTRY RD CITY OF INDUSTRY CA 91716-0500 CALLICOON NY 12723-5006 .....I. I.. I.. II. III.I. I.I..I.l l....I. III I.I III III..I I.I.1..11I.I. 5 of 10 FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023 "B" ExHIBIT (LASTUSE OF CARDSTATEMENT/ BALANCE) Matter #: 507029 5_ EXH-LPAM 6 of 10 FILED: SULLIVAN CREDIT COUNTY CLERK 12/12/2023 08:47 INDEX PM NO. E2023-1958 ONE BANK CREDIT CARD STATEMENT NYSCEF DOC. NO. 1 Account Number 0554 RECEIVED NYSCEF: 12/12/2023 July 12, 2021 to August 11, 2021 SUMMARY OF ACCOUNT ACTMTY PAYMENT INFORMATION Previous Balance $928.14 New Balance $946.43 Payments - $47.00 Past Due Amount $0.00 Other Credits - $0.00 Amount Due This Period $87.00 Purchases + $0.00 MinImum Payment Due $87.00 Balance Transfers + $0.00 Payment Due Date 09/07/21 Cash Advances + $0.00 Late Payment Warning: Fees Charged + $47.25 If we donot receive your minimum payment by the date listed above, Interest Charged + $18.04 you may have to pay a late fee up to $39. New Balance $946.43 MIngmum Payment Warning: If you make only the minimum payment each period, you will pay more Credit Limit $950.00 In Interest andItwill take you longer to pay off your balance. Available Credit $3.00 Statement Closing Date 08/11/21 For example: Days in Billing Cycle 31 Ifyou make no Youwill pay off the And you will additional charges balance shown on end uppaying QUESTIONS7 using thIs card and the statement In an estimated Cali Customer Service or Report each month you pay- about... total of... a Lost or Stolen Credit Card 1-877-825-3242 only e mInImum Outside the U.S. Call 1-702-405-2042 3 years $1.344.00 Please send billing inquiries and correspondence to: If you would IIke a location for credit counseling services, call P.O. Box98873, Las Vegas, NV 89193-8873 1-866-515-5720. Oryou may visitwww.Justice.gov/ust/IIst- credit-counseling-agencles-approved-pursuant-11-use-111. TRANSACTIONS Reference Number Trans Date Post Date Description of Transaction or Credit Amount 74071936WOOXTMJRE 08/08 08/08 PAYMENT -MOBILE APP LAS VEGAS NV -47.00 Fees F5727006ZOOOCYLAC 08/11 08/11 ANNUAL FEE 09/21 THROUGH 09/21 8.25 08/11 08/11 LATE FEE 39.00 TOTAL FEES FOR THIS PERIOD 47.25 Interest Charged 08/11 08/11 Interest Charge on Purchases 18.04 08/11 08/11 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 18.04 2021 Totals Year-to-Date Total fees charged In 2021 $261.00 Total Interest charged in 2021 $156.31 NOTICE OF CHANGE IN TERMS TO YOUR CARD AGREEMENT heading" Fees:" Under the the "Transaction Fee for Balance Transfers" paragraph (if it appears in your Card Agreement) is being removed. AII other terms disclosed in your Card Agreement remain unchanged. Please keep a copy of this document with your Card Agreement for future reference. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual Interest rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 23.90%(v) $905.83 $18.04 Cash Advances 23.90%(v) $0.00 $0.00 (v) = Variable Rate 5365 JBH DD1 7 11 210811 D PAGE1of 1 2 D 5727 9620 M250 01GR5365 Pleasereturnthisportionwithyourpayment,andwriteyouraccountnumberan yourcheck,rnadepayableto cREDWONEBANK. PAY YOUR BILL ONLINE at CreditOneBank.com Account Number: 0554 B A N K New Balance: $946.43 Minimum Payment Due: $87.00 Payment Due Date: 09M7/21 For address, telephone and email changes, please complete the reverse side. Or. update your contact Information online at www.CreditOneBank.com. AMOUNT ENCLOSED: I..III I..II(.. (.....l.I[II[I....I...I..I...Il.I.IIIIIl...II.I... CREDIT ONE BANK MARDETTE WILCOX PO BOX 60500 56 COUNTRY RD CITY OF INDUSTRY CA 91716-0500 CALLICOON NY 12723-5006 .IIII..Il.Il..II.l.I...IIII.II..l.I.III.Ill.II.....II.I... l.III.. 7 of 10 FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958 12/13/2023 Index # E2023-1958 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN LVNV Funding LLC Plaintiff -against- Mardette Wilcox Defendant(s) SUMMONS AND COMPLAINT Signature (Rule 130-1. 1-a) ¡ Stephen Einstein ¡ Urva S. Ahmed ¤ Anthony S. Poulin ¤ Joseph J. Cassotta ¡ Scott Morris O Joseph G. Devine ¡ Chester Andrew Guala ¡ Gerard W. DeStefano Elladia Lopez ¡ Richa Bhandari LAW OFFICE OF TROMBERG, MORRIS & POULIN, PLLC. Attorney(s) for Plaintiff Office and Post Office Address 39 Broadway, Suite 1250 New York, New York 10006 (212) 267-3550 Fax (212) 227-9656 Service of a copy of the within is hereby admitted. Dated, Attorney(s) for Plaintiff(s) Sir: Please take notice ¡ NOTICE OF ENTRY: That within is a (certified) true of a duly entered in the office of the clerk copy of the within named court on ¡ NOTICE OF SETTLEMENT That an order of which the within is a true copy of a Settlement to the HON. Presented for one of the judges Of the within named court, at On the ___ day of 2023 at _ A.M Dated, S_S_SUP-BB 8 of 10 FILED: SULLIVAN COUNTY CLERK 12/12/2023 08:47 PM INDEX NO. E2023-1958 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN LVNV Funding LLC Index # E2023-1958 Plaintiff, -against- Mardette Wilcox Defendant(s). NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ("NYSCEF") as required by CPLR § 2111 and Uniform Rule § 202.5-bb (MANDATORY ELECTRONIC FILING). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to electronic filing. Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out an immediate email notification of the filing. The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section 202.5-bb(e)] Parties not represented by an attorney: Unrepresented litigants are exempt from efiling. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant may participate in e-filing. For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www.nycourts.gov/efileunrepresented. Unrepresented litigants also