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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