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  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
  • CAVALRY SPV I , LLC v. MISTAL, MATTHEW CC40 - Contracts - Collections document preview
						
                                

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MOTION FOR DEFAULT FOR STATE OF CONNECTICUT FAILURE TO APPEAR, JUDGMENT SUPERIOR COURT AND ORDER FOR WEEKLY PAYMENTS JD-CV.49 Rev. 8.98 PLB. §§ 17-23, et seq, INSTRUC TIONS wwwijud.ct gov TO PLAINTIFF/PLAINTIFF'S ATTORNEY RETURN DATE aa Complete this Motion and an Affidavit of Debt. {(UD-CV-52) and send original of each fo the Clerk's Office and one copyof each to all defendants. Complete section fof 06/13/23 ihe Noticeof Judgment and ©; rder for Weekly Payments (JO-CV-5Q) and fie in TO: The Superior Court duplicate with the Clerk’ ‘5 Office. DOCKET NO. DBD-CV236046475s Judicial Housing ADDRESS OF COURT (No, streei, towsrand zip cade) i District Session Hea.no. Danbury Judicial District 146 White St., Danbury CT 06810 NAME OF CASE (Plaintiff v. Delemiant) Cavalry SPV I, LLC V. MATTHEW C MISTAL NAME(S) OF ALL DEFENDANT(S) AGAINST WHOM MOTION IS FILED s a’ \TTHEW C MISTAL & EMOTION! DEI (OR Pp. TAL In the above entitled acti in, the Plaini iff(s) respectful lly represeni(s) that the Defenda file an appearance within two days after the return d late, The nt(s) named above has (have) failed to Plaintiff(s) therefar e: request(s) that a default be entered against the Defendant(s) for failure to appear and that th 1 Court enter judgment after default in favor of the Plaintiff(s) in accordance with the Affidavit of Debt attached, (X" one of the following) The Plaintifi(s) also request(s) that an order for Bi nominal CIReasonaaLe $35.00 weekly payments be entered. NAME OF PERSON SIGNING MOTION ADDRESS Laurie D: Baron, Esq. wa 53 Stiles Rd. Suite A102, Salem, NH 03079 > SIGNED X 20/23 PLAINTIFF Blartorney ror pal ae i ARVSERVICEARFIDAVIT ae 7 The undersigned, being duly sworn, deposes and says that: (°X" one of the following) 7 the undersigned is unable to determine whethe! For not the Defenda nt(s) in this action are in the military or naval service of the United States. id no Deferidant in this action is inthe. military.or naval se vice of the United States, and that, to the personal knowledge of the undersigned (stale facts showing:defendant is n jot in such service): 1, Defendant resides at: 91 WOOSTER ST. #208BETHEL, CT 06801 2. The undersigned conducted a search b: y. Defendant's name and Defense website: https:/Avww.dmde.osd, Social Security Number on the Depariment of mit/appjfscra/scraHome.do SIGNEI fant) PRINT E AND, IF APPLICABLE, TITLE, OF AFFIANT DATE SIGNED ed and sworn to before me: ‘SIGNED Comp. of Ep Geta lie KYoOnc S6L2> Zz LES RCAIBILD NT ORCO IE STSL RSE a = FICATION OF SER This is to certify that co, p sof the above Motion, Miltary Service Affidavi Complaint Fee. Affidavitof Debt, and Plai intiff's Bill of Cost t, ee 2re delivered/mailed via Entry Fee. Sheriffs Fee. Wo U.S. Mail, postage prepaid on (date): to the folowing Defendants: (Enter name(6y dnd address(es) Proceedings of Before Trial Defendant(s). a, MATTHEW C MISTAL 91 WOOSTER ST #208 TOTAL. BETHEL, CT 06801 4080203 SIGNED X CPcantice FOR COURT USE. ONLY BX) ATTORNEY For PLAINTIFF(S) DATE SIGNED Ax Department of Defense Manpower Data Center Resutts as of : Ju} 03-202 0-40-36 AN SCRA 5.16 63 2 a Status Report Pursuant to Servicemembers Civil Relief Act SY SSN: Birth Date: a Last Name: MISTAL First Name: MATTHEW Middle Name: Cc Status As Of: Jun-30-2023 Certificate ID: ODYNWFNG9R734LY Onacive ‘Suite ‘Aative Duty,Se NA _Sétvice Componant HA This response reflects steven active duty slatus based cde Active Duty Status Date We ‘Dale 5a Taal iy Ena tat RA Na ‘This msponse reflects wheje iis individual eft active duly etaluas wiltin S67 days proce the uty Status Date S tue ‘Active Ou itor toticat i Dale. Bak NA Bonide NAY ‘This response reflects whether efumit has recelved ta mpott for active duty S Upon searching the data banks of the Depariment of Defense Manpower Data ‘Center, based on the information that you provided, the above is the the individual on the active duty status date as to all branches of the Uniformed status of Servi ices (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit r ceiving no ification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPART MENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORI ASSERT THAT THIS 1S THE SAME INDIVIDUAL THAT YOUR QUERY TATIVELY REFERS TO. NAME AND DATE OF BIRTH ALONE DO-NOT UNIQUEL IDENTIFY AN INDIVIDUAL. Y WUckKLN Grerite Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Ra. Seaside, CA 93955 ‘The Defense Manpower Data Center (DMDC) is an organization of the Dey partmen tof Defense (DaD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which isthe official source of data on eligibility for military medical care and other eligi ty systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (60 USC App. § 3901 et seq, as amended) (SCRA) the Soldiers" and Sailors’ Civil Relief Act of 1940), DMDC has issued hundrads (formerly known as, of thousands individval is currently on active duty" responses, and has experienced only a smal! error rate. offi in “does not possess any information indicating that the the event the individual referenced above, or any farnily member, friand, cr representative asserts in any manner that the individuat was on active duty for the active duty status date, or is otherwise entitled to protections of the SCRA, you are strongly encouraged to obtain further verification of the pers ‘on's status by contactin the g that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https:/scra.d: imdc.osci.mil/scra/#/faqs. If you have evidence the was on active duty for the active duly status date and you fait to obtain person this additional Service verification, punitive provisions of the SCRA may be against you. See 50 USC App. § 3921(c}. invoked This response reflects the following information: (1) The individuat' 's Active Duty status on the Active Duty Status Date (2) Whether the individual Duty status within 367 days preceding the Active Duty Status Dat 'e (3) Whether left Active the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordanc e with 10 USC § 101(¢) (1). Prior to 2010 only some of the active duty than 30 consecutive days in length ware available. In the ‘case of a member periods lass of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 602(0) for purposes of responding to a national emergency deciared by the President and supported by Federal funds. All Active Guard Reserve {AGR) members must be assigned against an authorized mobilization ‘position in the unit they support. This includes Navy Training and Administration of I Ihe Resetves (TARS), Mi larina Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs), Active Duly status also applies to a Uniforme d Service mern iber who isan active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administr ation (NOAA Com missioned Corps), Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some cate legories of persons on active duly for purposes of the SCRA reported as on Active Duty under this certificate. SCRA Protectio who would not be ns are for Title 19 as id Title 14 active duty records for all the Uniformed Services periods, Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance \ Wi ith 10 USC § 101(d)(1). Many Umes orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA pi rotections are based have not been amended to extend Furthermore, some protections of the SCRA may extend to pi the inclusive dates of service. ersons who have received orders to report for active duty or to be inducted, actually begun active duty er actually reported for induction. The Last but who have not Date on Active Duty entry is important because a number extand beyond the last dates of active duty. of protections of the SCRA Those who could rely on this certin icale are urged to seek qualified lega! counsel to ensure are protected that all rights guaranteed to Service members under the SCRA WARNING: This certifics ale was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. erroneous information will cause an erroneous certificate to be provided, Providing AFFIDAVIT OF DEBT RE: MOTION FOR DEFAULT et Gs FOR FAILURE TO APPEAR, STATE OF CONNECTICUT Tear JUDGMENT AND ORDER FOR WEEKLY PAYMENTS SUPERIOR COURT JD-CY-52 Rev. 5.98 PB §17.25 INSTRUCTIONS 1. Complate this affidavit and sendoriginal with your completed Motion far Defauit io Appear, Judgment and Order for Weekly Payments (JD-CV-4! 9) and Noticeef. ‘Judgment and 2 Altach a copy of the contract, lease or ather a:focument if applicabOrder le, to of Payments (Ji-CV-80) lo the Clerk's Office. the completed affidavit, 3. IFinterest is being claimed, the period covered and the 4. Mfetaiming attorney's fees, a copy of the agreement m ust be altached, be slated. rale claimed must 5, Send one copy of ihe-compleled Affidavit and Molion to each defendant, RETURN DATE. 06/13/23 TO: The Superior Court DOCKETNe IDBD~CV236046475S # suDIciaL HOUSING GA. ADDRESS OF GOURT (No, street, ‘own, and zip code) DISTRICT SESSION No. Danbury Judicial District 146 White St., Danbury NAME OF CASE (Plannliff v, Defendant) CT 06810 Cavalry SPV 1, LUC V. MATTHEW C MISTAL NAME(S) OF (ALL) DEFENDANT(S) AGAINST WHOM MOTION IS FILED MATTHEW C MISTAL S a EBT The undersigned deposes and says that (s)he is the K (title) C] Plaintiff or Attorney of the Plaintiff and is familiar with the facts stated below, The Defendant(s) is/are indebted to the Plaintiff(s} as follows: A detailed affidavit of debt, executed by the Plainti ff, Cavalry SPV 1, LLC is attached hereto and made a part hereof, This communication is from a debt collector. 4080203 EMELY P INTERIANG Notary. Pablic -Now Hémpshira My Gomminelon Exp ires Auguet 18, 2026 THERE Continuation of thi ida tis attached and made a part hereof, SIGNED (Affani) PRINT NAME OF AFFIANT TES ARON LAURIE (444211{CT}) Subscribed and swore before me: SIGNEI ‘of Sup. Ci LhObEL, Cavairy SPV I, LLC Plaintiff, MATTHEW C MISTAL Defendant AFFIDAVIT OF DEBT The undersigned, being duly swom, makes the following oath: lam over 18 years old and competent to make this affidavit. | am the Legal Administr ator and employee of Cavalry Portfolio Services, LLC, a Delaware Limited Liability Company. . The servicing and collection rights of the portfolios of non-performing receivables purchased by the Plaintiff, Cavalry SPV1,LLC, 1 American Lane, Suite 220, Greenwich, CT, 06831-2200, are assigned to Cavalry Portfolio Services, LL C, ils affiliate, | am duty authorized to make this affidavit based on my review of Plaintiff's documents and records. !am familiar with the manner and method by which Cavalry SPV I, LLC and Cavalry Portfolio Services, LLC, maintain their normal business books and records, including computer records of defaulted accounts. | have access fo the records of the Plaintiff, am familiar with and knowledgeable about the computer systems and manner and method the Plaintiff maintains, or causes to be maintained, he documents and records of ifs accounts. My knowledge includes some working acquaintance with the metho: ds by which computer ized records are made and in my experience the records are reliable, I have reviewed the docum: ents and records pertaining to this action, and therefore have knowledge of the facts set forth herein, based on my revie. w of the account document s and records. The documents and records of Cavalry Portfolio Services, LLC show that the Defendant, MATTHEW C MISTAL, opened an account with Citibank, N.A., (the “Account"), did thereafter use or authorize the use of the Account for the acquisition of goads, services , or cash advances; which Account became delinquent and was charged-off, The Plaintiff, Cavalry SPV |, LLC is the current owner of the di lebt. That the Account was purchased by Cavalry SPV I, LLC on or about 11/29/2018 from Citibank, N.A.. True and correct copies of the original bill(s) of sale and assignment(s) of loans are attached hereto as Exhibit"a™, ini connectio n with the purchase of the account Citibank, N.A. transferred copies of its electronic business records which records have been transferred to Cavalry SPV connection with its purchase I, LLC in and were loaded inte the computer system of Cavalry Portfolio Services, LLC and which are maintained in an-electronic format. {nthe normal course of business, Cavalry Portfolio Services, LLC maintains computer ized account records for account holders. Cavalry Portfolio Service:s, LLC maintains such tecords in the ordinary and routine course of business and is charged with the duty to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the tim e of any such occurrence. | have reviewed the applicable computer record as it relates to the Account, and | make this Affidavit based upon information from that review. A true and accurate copy of statement(s), including the statement showin: ig the balance due as of 10/08/2018, are attached as Exhibit‘B". The statement(s) do not reflect any payment {(s) made after the account was charged off. My review of the records shows that as of 03/02/2023, the Defend: lant is indebte d to Cavalry SPV I, LLC on account number XXXXXXXXXXXX2556 in the amount of $10,943.09 and that all post charge off payments and credits, if any, have been credited . A true and accurate copy of the-most recent monthi ly statement(s) recording a purchase transaction, service billed, last Payment or balance transfer, is attached as Exhibit "C”. I declare under the penaity of perju y that the foregoing is true and correct and if called as a witness {would competently testify, under oath, ther reto. Subscribed and sworn to before me on 0: / 23 Less fi. Rosie M Lane t Notary Pubfic Frances A McCarthy CT-SCHREIBER LAW, LLC Notary Public, State of Connecticut 21166676 My Commission Expires 08/31/2027 Exhibit A Contract ID; CV8MUMAA082217 Document ID: CV8MUMAA042518C15 Document 0): 111918CVIMU3FMBL BILL OF SALE AND ASSIGNMEN T THIS BILL OF SALE AND ASSIGNME INT dated November 29, 2018, is by Citibank, N.A,, a national banking association organized wi inder the laws of the 60" Street North, Sioux Falls, SD 57117 (the “Bank"} to CavalryUnited States, located at 701 East SPV I, LLC, organized under the laws of the State of Delaware, with its headq uarters/principal place of business at 560 Summit Lake Drive, Suite 400, Valhalla, » NY 10595 ("Buy cz"), For value received and sub ject to the terms and conditions of the Master Purchase and Sale reement dated Au gust 22, 2017 and Addendum No. 15 dated and the Bank (the "Agreement”), the Bank does hereby April 25, 2018, between Buyer transi fer, sell, assign, convey, grant, bargain, Set over and deliver to Buyer, and to Buyer 's successors and assigns, the Accounts described in Exhibit 1 to the Addendum and the final electronic file, Citibank, N.A. wr as Ale ature) Name: Gary Gokiberg Title: GOIM: At rete ta, 400 Kenses City, MO Gat) SOG Cavalry 082217 Contract ID: CV8MUMAA082217 Document ID: CV8MUMAA04 2518C15 Document ID; 111948CV1MU3 EMA1 Exhibit 1 ‘The individual Accoun ts transf erred are des cribed in the fina by the Bank to Buyer, the same deemed attached l electronic file and delivered hereto by this reference, - Lot | Sale ID | # of | Erands Accounts Sale Balance NU ASCVEMUSEN Cut-Off Date Fresh Flow 11/19/2018 Petar oie ee me cf Cavalry 082217 «le 5 Purchase Date:/ 1/29/2018 0914 Data Excerpt from Exhibit 1°* Field Name (ACCOUNT NUMBER. SALE AMOUNT. (ACCOUNT OPEN DATE 14-Apr-77 [CHARGE OFF DATE (08-Oci-T8 LAST PAYMENT DATE (26-Feb-18 CONSUMER FIRST AND MIDDLE NAME. THEW C CONSUMER LAST NAME JMISTAL CONSUMER RESIDENCE ADDRESS 1 40 LINDA LN CONSUMER RESIDENCE ADDRESS 2 (CONSUMER RESIDENCE CITY. PeIREL CONSUMER STATE (CONSUMER ZIP CODE. (068070000 ICONS' R SSN OR'SIN' *Data displayed has been redacted for consumer privacy “The data contained in this document was extra icted from the electronic records transmitted by the seller concerning the referenced account Exhibit B eae bE) ie hg ola) MATTHEW C MISTAL Member Since 2017 Account number ending in:2556 www.citicards.com. Billing Period:09/11/18-10/08/18 Customer Service 1-866-696-5673 TTY-hearing-impaired services only 1-800-325-2865 BOX 6500 SIOUX FALLS, SD S717 Your account Is past due. Please pay at OCTOBER STATEMENT least the minimum payment due, which Minimum payment due: $10,943.09 includes a past due amount of $1147.00 and New balance as of 10/08/18: an overlimit amount of $43.09, $10,943.09 Payment due date; 1/o6/is Account Summary Previous balance $10,943.09 Payments -$0.00 Minimum Payment Warning:If you make only the minimum par ment each Credits -$0.00 balance, For example: x period, you will pay more in interest and it will take youionger ‘oO pay off your Purchases. +$0.00 Cash advances +$0.00 Ifyou make no additional You will pay off the And you will and up charges using this card balance shown on this paying an estimated Fees +$0,00 and each month you pay... statement In about. Interest +50.00 Only the minimum payment month(s) $10,943 New bafance $10,943.09 For r information about it credit counseling services, call +-877-337-8183New residents ma\ contact the New York Stal te Banting | Department to obtain aYork comparative Credit Limit listing of credit card rates, fees and grace e periods by calling 1-877-226-5697, Credit limit $10,900 Includes $3,300 cash advance IImit co od err Savings Spotlight Your citi Simplicity Lifetime Savings: ae $2,916.19 Q See page 3 to view your Savings Summary. Please print Address Changes on the reverse side Pay your bill from virtuaily anywhere with the Citt Mobile” App and Cit? Oniine Minimum payment due $10,943.09 To downtoad: New balance $10,943.09 [ait Text ‘App15' Lo MyCitt (692484) Payment due date n/o6/is oF go fo your device's app store. Or visit www.citicards.com Amount enclosed: 000000 MC 32 A0 Account number ending in 2556 MATTHEW C MISTAL CIT] CARDS 40 LINDALN PO Box 70166 BETHEL CT 06801-1634 Philadelphia PA 19176-0166. Eee www.citicards.com Customer Service 1-866-696-5673 Page 2 of 3 MATTHEW C MISTAL TTY-hearing-Impaired services only 800-325-2865 ci Account Summary Ld Trans, Post date date _Deseription Amount eereene Fees charged Savings Spotlight Total fees charged in this billing period $0.00 Your Citi Simpticity® Savings Summary Interest charged From This Billing Period: Total Interest charged In this billing period $0.00 18 interest: $155.22 [zo18 totals year-to-date Total fe ed in 2018 00 ease ener Total interest charged In 2018 £& B Interest charge calculation Days In billing cycle:28 pees Ai Your i Pe His the annual nn Interest Annual percenta | Balance type i@ Balance sul Tate (API ). to interest rat ct 2 Interest ch: rge | TOTAL SAVINGS PURCH, Standard Purch $155.22 0.00% $6,482.35 (D) (atroductory fseecroseotetvee Rate Expires 01/28/19) a BalTrnCffer 4 0.00% $4460.74 (0) is (Balance Transfer Rate Expires 02/02/19) a Standard Adv 18.49%(V} «D) $0.00 Your Annual Percentage Rate CAPR) is the annual interest rate.on your account. APRs followed by (V) may vary. Balances folf lowed bi y (0) are determined by the daily balance method oie = (including current transactions), See Account Messages for more information about Account messages Savings Spotlight SAVINGS SPOTLIGHT DETAILS INTEREST: If you have promotional balances on your account, we have timated yor ur sayings. This savings Is the difference between the interest thal was assessed against the promo tional balances using the promotional APRs and the estimated interest tha f would have been assessed against these same balances using the Enhanced Purchas. @ APRs. This savings amount does aot include any balance transfer fees, This savings is from your billing period covered by this statement. NO LATE FEE: Savings on late fee is determined b y reviewing your payments and calculating what your fate fee would have been on benefit. If ‘ou paid late prior to May 2014, , savings on lateyourfee card without this 2 is determined br using a $1 late fee (if your minimurn payment due was fess than $15, we use that amount as the sat vings amount). his savings is from your billi