Preview
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
IAffidavit of Facts and Purchase of UCS-CCR6(05/2022)
""""----
Account by Debt Buyer Plaintiff -""""FageTori
SUPREME COURT OF THE STATE OF NEW YORK Index number 2023-5731
COUNTY OF CHEMUNG
Midland Credit Management, Inc,
Plaintiff
-vs-
HEATHER VANDERHOFF,
Defendant(s).
Melanie Rosenberger, being duly sworn, deposes and says:
("Plaintiff"
1. I, Melanie Rosenberger am an employee of Midland Credit Management, Inc.
or "MCM"), and I have access to Plaintiff s books and records ("Business Records"), including
electronic records, relating to the account ("Account") of HEATHER VANDERHOFF
("Defendant"). The last four digits of the Account number are XXXXXXXXXXXXXX1529.
In my position, I also have personal knowledge of the procedures for creating and maintaining
Plaintiff's Business Records, including the procedures relating to the purchase and/or
assignment of consumer credit accounts. Plaintiff'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 were made at or near the time of the events recorded. Based
on my knowledge of Plaintiff's Business Records, I have personal knowledge of the facts set
forth in this affidavit.
2. [Check this paragraph if Servicer]
G Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has
authorized Servicer to service and maintain the Business Records relating to the
Account, along with giving testimony and executing affidavits, declarations, and
certifications on behalf of Plaintiff regarding the Account.
3. Original Creditor and Defendant were parties to a credit agreement ("Agreement").
Defendant agreed to pay Original Creditor pursuant to the Agreement. The date and the
amount of the last payment, if any, made by Defendant are set forth in an exhibit attached
hereto and made a part hereof. Defendant defaulted on the Account and failed to pay the
outstanding balance pursuant to the Agreement. A demand for payment was made, and
a balance remained due and owing at the time of the sale. A true and correct copy of the
Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this
affidavit.
ADA Accommodations Spoken or Sign Language Interpreters i DOURT
C lada@nycourts.qov"212-428-2760 . interpreter@nycourts.gov"646-386-5670
"e " .e.. .
1 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
|Ü 5- X*ÏÖ5Ï}Ö }} age 5 of
4. On 2021-08-19, Plaintiff purchased or was assigned the Account from COMENITY
CAPITAL BANK ("Debt Seller"), and at that time, Debt Seller assigned all of its interest
in the Account, including the right to any proceeds from the Account, to Plaintiff (the
"Purchase"). As part of the Purchase, Business Records relating to the Account were
transferred to Plaintiff and incorporated into Plaintiffs Business Records. To the extent
Business Records included records prepared by a third party, including but not limited to the
Original Creditor, such records were incorporated into Plaintiff's Business Records. Following
the Purchase, those Business Records were maintained in the ordinary course of Plaintiff s
business.
5. As set forth in the attached affidavits submitted herewith, the complete chain of title, with
the date of each sale or assignment of the Account, is as follows:
Assignor Date of Transfer Amount at the
time of Transfer
Transfer 1: COMENITY CAPITAL BANK 2021-08-19 1,048.51
6. [Check this paragraph if seeking judgment on a revolving consumer credit
account]
(a At this time, Defendant owes $1,048.51 on the Account. This amount includes
the charge-off balance of $1,048.51, post-charge-off interest of $0.00, and post-
charge-off fees and charges of $0.00, less post-charge-off credits or payments
made by or on behalf of the Defendant of $0.00.
7. [Check this paragraph if seeking judgment on a non-revolving consumer credit
account]
At this time, Defendant owes $ on the Account. As set forth in
the exhibits attached hereto and made a part hereof, this amount is broken out
by (i) principal; (ii) finance charge or charges; (iii) fees imposed by the original
creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other
fees and charges, less post-sale credits or payments made by or on behalf of the
Defendant of $ .
8. As set forth in New York CPLR Article 50, the interest rate applicable to the Account
pursuant to section five thousand four of this chapter applies.
9. [Check if not seeking post-judgment interest]
Plaintiff explicitly disclaims any right to post-judgment interest on this Account.
WHEREFORE, deponent demands judgment against Defendant for $1,048.51, together with
the costs and disbursements of this action.
" iADA Accommodations iSpoken or Sign Language Interpreters
L lada@nycourts.qov"212-428-2760 interpreter@nycourts.qov"646-386-5670
LOU
2 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
U S- X (Ö5/}Ö}} age 5 o
I certify under penalty of perjury that the foregoing statements are true and correct.
NOV 1 02023
Date
Melanie Rosenberger
STATE OF MINNESOTA
COUNTY OF STEARNS
Signed and sworn to (or affirmed) before me on
by Melanie Rosenberger.
....
IANALEXANDERISAACSON
NOTARVPUBUC-MINNESOTA
MYCOMMISSONEXPIRES01/31/24 Notary Public
NY27
SELIP & STYLIANOU, LLP
ADA Accommodations iSpoken or Sign Language Interpreters
ada@nycourts.qov"212-428-2760I interpreter@nycourts.qov"646-386-5670
3 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
55 kã (õëÏzMz~ age Tof
Exhibits to be Attached to Affidavit
Bill of Sale from Debt Seller to Plaintiff
Most Recent Charge/Payment/Balance Transfer Statement
Additional Books and Records evidencing:
a. Defendant's Full name
b. Balance due and last 4 digits of Account Number printed on Most Recent
Monthly Statement reflecting charge/payment/balance transfer
c. Last Payment Date and Amount
d. Charge-off/Delinquency Date and Amount
e. Post-Charge-off/Delinquency Interest and/or Fees
f. Post Charge-off/Delinquency Credits
[Note: A Certificate of Conformity is only required
for affidavits specific to real property transactions.]
" ADA Accommodations Spoken or Sign Language Interpreters i ggy
ada(alnycourts.qov"212-428-2760 " interpreter@nycourts.qov"646-386-5670
314329032 AFFCU I MI5C COUb8.Sb
4 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
New York State Unified Court System nycourtswov
uCs-CCR4 (o5/2022)
Affidavit of Facts and Sale of
Page 1 of 3
Account by Original Creditor nycourthelp.gov
The undersigned, being duly swom, deposes and says:
1. I, am a/an [Eemployee Cofficer
Dmember] of Comenity Servicing LLC ("Servicer"), the affiliate servicer for Comenity Capital
Bank ("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
defaulted/chanyed4ff consumer credit accounts sold àr ássigned!b Original Creditor to
Midland Credit)/lanagement, Inc. ("Debt Buyer"), on f_]_$_J (the "Sale"), which
included the account ("Account") of the consumer ("Consumer") identified in the exhibits
attached hereto and incorporated herein.
2. (Check this paragraph if Servicer]
E Servicer is the servicer for the Originst Creditor. Originst Creditor has authorized Servicer
to service and maintain the Business Records relating to the Account, along with giving
testimony and executing affidavits, declarations, and certifications on behalf of Original
Creditor regarding the Account.
32 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 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.
4. In my position, I also have personal knowledge of Original Creditor's procedures for creating
and maintaining its Business Records, including its procedures relating to the sale and
assignment of consumer credit accounts. 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 were made st 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.
5, Original Creditor and Consumer were parties to a credit agreement ("Agreement"). Consumer
agreed to pay Original Creditor for all goods, services and cash advances 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 and a
demand for payrnent was made by Original Creditor. A true and correct copy of the
Agreement is attached as an exhibit to this affidavit,
6. (Check this paragraph if seeking judgment on an account stated cause of action]
5 Ihave personal knowledge of Original Creditor's procedures for generating and mailing
account statements 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 statements 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 returned by the post
office or that the Consumer objected to them. A true and correct copy of the most recent
account statement(s) generated and mailed by Original Creditor is attached as an exhibit to
this affidavit.
ADA Accommodations Spoken or Sign Language Interpreters
ada@nycourts.qov " 212-428-2760 interpreter@nycourts.gov y 646-386-5670
5 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
. UCS-CCR4 (04/2022) Page 2 of 3
7. (Check this paragraph if seeking judgment on revolving consumer credit account)
C 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
interest and post-charge-off fees and charges; 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.
8. (Check this,paragraph if seeking judgment on a non-revolving consumer credit account]
O At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto
and niade a part hereof, which also set forth the amount broken out by .(i) principal; (ii)
finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs;
(v) attomey's fees; (vi) interest; and (vii) any other fees and charges, less post-sale credits
or payments made by or on behalf of the Defen ant of $ .
The above statements are true and correct to the best pe sonal know .ge.
Dated: (a 132 alu
Affiard Signature
Affiant Name
Sworn to before me this DBA day
of ne .,20d.
Notary lic
County of nklin
ather
fWorgatt
0246.f42s
6 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
UCS-CCR4 (04/2022) Page 3 of 3
Exhibits to be Attached to Affidävit
t Bill of Sale from OrigiIal Creditor to Debt Buyer
2. Agreement= Contract/Invoice or C;harge-off Statement if credit account
revolving
2. 19lost Recent Charge/Payment/ Balance fransfer statement
4. Additional Books and Records .evidencing:
á Debtòrs Full Nañte
b. Balance due and tast 4 digits of Account Number printed on Most Recent Monthly
Statement reflecting charge/payment/ balance fransfer
c. Last Paymerif Date and.Arnount
d. tharge-off Date and Amount
e. Delinquency Date and Amount
f. iPost Charge-off/Delinquency Interest and/or Fees
g. Post-Charge-off/Delinquency Credits
h. Total Balance!at time of Sale
NotenA Gettiñcate of ¬onfätmity isünit required for afñdavits speciñc to teal property transactions.)
7 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
EELLER Accountltentization
Account Number 529
Driginal.Creditor COMENITY CAPITAL BANK
Borrower's Full Name HEATHER VANDERHOFF
Client's Nante ULTAMATE REWARDS
Origination Date 11/3D/2018
Last PaymentOate 11/27/2020
Last Payment Arnount $69
Charge Off Date 7/31/2021
Charge Qff Balance $1048.51
Total of Post ChargeOff Interest $0
at tiine of sale
Total Post Charge Off Fees $6
and Charges at time of sale
Totá1 Post Charge Off Credits SO
at time.of sale
Total Post Charge Off SO
Payments at tinte of sale
Buyer name Midland Credit Menagement, Inc.
Sale Date 8/19/2021
Balance at time.of sale $1048.51
8 of 16
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023
HAPPY BIRTHD
----...-..................................---............................................----..................................................................................................................
PAGE 1OF4
I I
Accountno. ****-""""**-1529 Newbalance $648.37
Minimumpaymentdue $35.00
Previousbalance $666.77 Paymentduedate 01/17/2021
Payments -69.00
Othercredits 0.00 Late payment warning:
36.72 If we donot receiveyourminimumpaymentby 01/17/2021you may
Purchases
Otherdebits 0.00 .° '° 98Y.U.9
.. ®..____...__..........._.... __
_____
Feescharged 0.0D Mintmumpaymentwarning: If youmakeonlytheminimum
Interestcharged 13.88 paymentfor eachperiod,youwill pay morein interestandit willtake
Newbalance $648.37 youlongerto pay offyourbalances.Forexample:
Pastdueamount 0.00 If you makeno additional
Youwill payoff Andyou wHI
Creditlimit $640.00 chargesusing this cardthebalanceshown end up payingan
Availablecredit $0.00 andeachmonthyou pay: on thestatement estimatedtotal
Statementclosingdate 12/22/2020 in about: of:
Daysin billingcycle 31 Ontytheminimumpayment 2 years $843
Forinformationregardingcreditcounselingservices,
call 1-800-284-1706.
|AccountQuestions?Needto makea payment?Wantto knowhowto go paperless?
or call 1-866-254-9971(TDDRTY1-888-819-1918).Wantto stay in the
Visit comenity.net/UItamateRewardsCreditCard
knowwith credittips andnews?Visitusat facebook.com/askcomenity or at twitter.com/askcomenity.
Skipsigningin to pay anduseComenity'sEasyPay.Its safeandconvenient.Useyoursmartphone
cameraor code
readerto scanthe QR codeprintedon yourpaymentstubbelowto getstarted.
Pay in the Ulta Beauty App Get More with Email Check Points Balance at
Pay your Ultamate Rewards® Sign up for email at ulta.com/rewards
Credit Card bill through the Ulta ulta.com/rewards to get access See how many points you
Beauty app - download it today! to Credit Card Extras, bonus eamed this month, and redeem
points and email-only coupons.3 to save on any of our 20,000
pretty products.3
See Additional Important
Messages for more details.
TRANS
DATE TRANSACTION
DESCRIPTIONA.OcATION AMOuNT
11/27/2020 PAYMENT - THANKYOU - -69.00
12/12/2020 ULTAPURCHASE - #902BOLINGBROOK,IL 36.72.
........................................................................................................_.................................
...............
-
Fees . '
Total feeschargedfor this period
Preview
FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 IAffidavit of Facts and Purchase of UCS-CCR6(05/2022) """"---- Account by Debt Buyer Plaintiff -""""FageTori SUPREME COURT OF THE STATE OF NEW YORK Index number 2023-5731 COUNTY OF CHEMUNG Midland Credit Management, Inc, Plaintiff -vs- HEATHER VANDERHOFF, Defendant(s). Melanie Rosenberger, being duly sworn, deposes and says: ("Plaintiff" 1. I, Melanie Rosenberger am an employee of Midland Credit Management, Inc. or "MCM"), and I have access to Plaintiff s books and records ("Business Records"), including electronic records, relating to the account ("Account") of HEATHER VANDERHOFF ("Defendant"). The last four digits of the Account number are XXXXXXXXXXXXXX1529. In my position, I also have personal knowledge of the procedures for creating and maintaining Plaintiff's Business Records, including the procedures relating to the purchase and/or assignment of consumer credit accounts. Plaintiff'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 were made at or near the time of the events recorded. Based on my knowledge of Plaintiff's Business Records, I have personal knowledge of the facts set forth in this affidavit. 2. [Check this paragraph if Servicer] G Servicer is the servicer for the Plaintiff in the underlying action. Plaintiff has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Plaintiff regarding the Account. 3. Original Creditor and Defendant were parties to a credit agreement ("Agreement"). Defendant agreed to pay Original Creditor pursuant to the Agreement. The date and the amount of the last payment, if any, made by Defendant are set forth in an exhibit attached hereto and made a part hereof. Defendant defaulted on the Account and failed to pay the outstanding balance pursuant to the Agreement. A demand for payment was made, and a balance remained due and owing at the time of the sale. A true and correct copy of the Agreement or document(s) evidencing the Agreement is/are attached as an exhibit to this affidavit. ADA Accommodations Spoken or Sign Language Interpreters i DOURT C lada@nycourts.qov"212-428-2760 . interpreter@nycourts.gov"646-386-5670 "e " .e.. . 1 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 |Ü 5- X*ÏÖ5Ï}Ö }} age 5 of 4. On 2021-08-19, Plaintiff purchased or was assigned the Account from COMENITY CAPITAL BANK ("Debt Seller"), and at that time, Debt Seller assigned all of its interest in the Account, including the right to any proceeds from the Account, to Plaintiff (the "Purchase"). As part of the Purchase, Business Records relating to the Account were transferred to Plaintiff and incorporated into Plaintiffs Business Records. To the extent Business Records included records prepared by a third party, including but not limited to the Original Creditor, such records were incorporated into Plaintiff's Business Records. Following the Purchase, those Business Records were maintained in the ordinary course of Plaintiff s business. 5. As set forth in the attached affidavits submitted herewith, the complete chain of title, with the date of each sale or assignment of the Account, is as follows: Assignor Date of Transfer Amount at the time of Transfer Transfer 1: COMENITY CAPITAL BANK 2021-08-19 1,048.51 6. [Check this paragraph if seeking judgment on a revolving consumer credit account] (a At this time, Defendant owes $1,048.51 on the Account. This amount includes the charge-off balance of $1,048.51, post-charge-off interest of $0.00, and post- charge-off fees and charges of $0.00, less post-charge-off credits or payments made by or on behalf of the Defendant of $0.00. 7. [Check this paragraph if seeking judgment on a non-revolving consumer credit account] At this time, Defendant owes $ on the Account. As set forth in the exhibits attached hereto and made a part hereof, this amount is broken out by (i) principal; (ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attorney's fees; (vi) interest; and (vii) any other fees and charges, less post-sale credits or payments made by or on behalf of the Defendant of $ . 8. As set forth in New York CPLR Article 50, the interest rate applicable to the Account pursuant to section five thousand four of this chapter applies. 9. [Check if not seeking post-judgment interest] Plaintiff explicitly disclaims any right to post-judgment interest on this Account. WHEREFORE, deponent demands judgment against Defendant for $1,048.51, together with the costs and disbursements of this action. " iADA Accommodations iSpoken or Sign Language Interpreters L lada@nycourts.qov"212-428-2760 interpreter@nycourts.qov"646-386-5670 LOU 2 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 U S- X (Ö5/}Ö}} age 5 o I certify under penalty of perjury that the foregoing statements are true and correct. NOV 1 02023 Date Melanie Rosenberger STATE OF MINNESOTA COUNTY OF STEARNS Signed and sworn to (or affirmed) before me on by Melanie Rosenberger. .... IANALEXANDERISAACSON NOTARVPUBUC-MINNESOTA MYCOMMISSONEXPIRES01/31/24 Notary Public NY27 SELIP & STYLIANOU, LLP ADA Accommodations iSpoken or Sign Language Interpreters ada@nycourts.qov"212-428-2760I interpreter@nycourts.qov"646-386-5670 3 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 55 kã (õëÏzMz~ age Tof Exhibits to be Attached to Affidavit Bill of Sale from Debt Seller to Plaintiff Most Recent Charge/Payment/Balance Transfer Statement Additional Books and Records evidencing: a. Defendant's Full name b. Balance due and last 4 digits of Account Number printed on Most Recent Monthly Statement reflecting charge/payment/balance transfer c. Last Payment Date and Amount d. Charge-off/Delinquency Date and Amount e. Post-Charge-off/Delinquency Interest and/or Fees f. Post Charge-off/Delinquency Credits [Note: A Certificate of Conformity is only required for affidavits specific to real property transactions.] " ADA Accommodations Spoken or Sign Language Interpreters i ggy ada(alnycourts.qov"212-428-2760 " interpreter@nycourts.qov"646-386-5670 314329032 AFFCU I MI5C COUb8.Sb 4 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 New York State Unified Court System nycourtswov uCs-CCR4 (o5/2022) Affidavit of Facts and Sale of Page 1 of 3 Account by Original Creditor nycourthelp.gov The undersigned, being duly swom, deposes and says: 1. I, am a/an [Eemployee Cofficer Dmember] of Comenity Servicing LLC ("Servicer"), the affiliate servicer for Comenity Capital Bank ("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 defaulted/chanyed4ff consumer credit accounts sold àr ássigned!b Original Creditor to Midland Credit)/lanagement, Inc. ("Debt Buyer"), on f_]_$_J (the "Sale"), which included the account ("Account") of the consumer ("Consumer") identified in the exhibits attached hereto and incorporated herein. 2. (Check this paragraph if Servicer] E Servicer is the servicer for the Originst Creditor. Originst Creditor has authorized Servicer to service and maintain the Business Records relating to the Account, along with giving testimony and executing affidavits, declarations, and certifications on behalf of Original Creditor regarding the Account. 32 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 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. 4. In my position, I also have personal knowledge of Original Creditor's procedures for creating and maintaining its Business Records, including its procedures relating to the sale and assignment of consumer credit accounts. 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 were made st 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. 5, Original Creditor and Consumer were parties to a credit agreement ("Agreement"). Consumer agreed to pay Original Creditor for all goods, services and cash advances 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 and a demand for payrnent was made by Original Creditor. A true and correct copy of the Agreement is attached as an exhibit to this affidavit, 6. (Check this paragraph if seeking judgment on an account stated cause of action] 5 Ihave personal knowledge of Original Creditor's procedures for generating and mailing account statements 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 statements 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 returned by the post office or that the Consumer objected to them. A true and correct copy of the most recent account statement(s) generated and mailed by Original Creditor is attached as an exhibit to this affidavit. ADA Accommodations Spoken or Sign Language Interpreters ada@nycourts.qov " 212-428-2760 interpreter@nycourts.gov y 646-386-5670 5 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 . UCS-CCR4 (04/2022) Page 2 of 3 7. (Check this paragraph if seeking judgment on revolving consumer credit account) C 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 interest and post-charge-off fees and charges; 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. 8. (Check this,paragraph if seeking judgment on a non-revolving consumer credit account] O At the time of Sale, Consumer owed the amount set forth in the exhibits attached hereto and niade a part hereof, which also set forth the amount broken out by .(i) principal; (ii) finance charge or charges; (iii) fees imposed by the original creditor; (iv) collection costs; (v) attomey's fees; (vi) interest; and (vii) any other fees and charges, less post-sale credits or payments made by or on behalf of the Defen ant of $ . The above statements are true and correct to the best pe sonal know .ge. Dated: (a 132 alu Affiard Signature Affiant Name Sworn to before me this DBA day of ne .,20d. Notary lic County of nklin ather fWorgatt 0246.f42s 6 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 UCS-CCR4 (04/2022) Page 3 of 3 Exhibits to be Attached to Affidävit t Bill of Sale from OrigiIal Creditor to Debt Buyer 2. Agreement= Contract/Invoice or C;harge-off Statement if credit account revolving 2. 19lost Recent Charge/Payment/ Balance fransfer statement 4. Additional Books and Records .evidencing: á Debtòrs Full Nañte b. Balance due and tast 4 digits of Account Number printed on Most Recent Monthly Statement reflecting charge/payment/ balance fransfer c. Last Paymerif Date and.Arnount d. tharge-off Date and Amount e. Delinquency Date and Amount f. iPost Charge-off/Delinquency Interest and/or Fees g. Post-Charge-off/Delinquency Credits h. Total Balance!at time of Sale NotenA Gettiñcate of ¬onfätmity isünit required for afñdavits speciñc to teal property transactions.) 7 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 EELLER Accountltentization Account Number 529 Driginal.Creditor COMENITY CAPITAL BANK Borrower's Full Name HEATHER VANDERHOFF Client's Nante ULTAMATE REWARDS Origination Date 11/3D/2018 Last PaymentOate 11/27/2020 Last Payment Arnount $69 Charge Off Date 7/31/2021 Charge Qff Balance $1048.51 Total of Post ChargeOff Interest $0 at tiine of sale Total Post Charge Off Fees $6 and Charges at time of sale Totá1 Post Charge Off Credits SO at time.of sale Total Post Charge Off SO Payments at tinte of sale Buyer name Midland Credit Menagement, Inc. Sale Date 8/19/2021 Balance at time.of sale $1048.51 8 of 16 FILED: CHEMUNG COUNTY CLERK 12/01/2023 04:39 PM INDEX NO. 2023-5731 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 12/01/2023 HAPPY BIRTHD ----...-..................................---............................................----.................................................................................................................. PAGE 1OF4 I I Accountno. ****-""""**-1529 Newbalance $648.37 Minimumpaymentdue $35.00 Previousbalance $666.77 Paymentduedate 01/17/2021 Payments -69.00 Othercredits 0.00 Late payment warning: 36.72 If we donot receiveyourminimumpaymentby 01/17/2021you may Purchases Otherdebits 0.00 .° '° 98Y.U.9 .. ®..____...__..........._.... __ _____ Feescharged 0.0D Mintmumpaymentwarning: If youmakeonlytheminimum Interestcharged 13.88 paymentfor eachperiod,youwill pay morein interestandit willtake Newbalance $648.37 youlongerto pay offyourbalances.Forexample: Pastdueamount 0.00 If you makeno additional Youwill payoff Andyou wHI Creditlimit $640.00 chargesusing this cardthebalanceshown end up payingan Availablecredit $0.00 andeachmonthyou pay: on thestatement estimatedtotal Statementclosingdate 12/22/2020 in about: of: Daysin billingcycle 31 Ontytheminimumpayment 2 years $843 Forinformationregardingcreditcounselingservices, call 1-800-284-1706. |AccountQuestions?Needto makea payment?Wantto knowhowto go paperless? or call 1-866-254-9971(TDDRTY1-888-819-1918).Wantto stay in the Visit comenity.net/UItamateRewardsCreditCard knowwith credittips andnews?Visitusat facebook.com/askcomenity or at twitter.com/askcomenity. Skipsigningin to pay anduseComenity'sEasyPay.Its safeandconvenient.Useyoursmartphone cameraor code readerto scanthe QR codeprintedon yourpaymentstubbelowto getstarted. Pay in the Ulta Beauty App Get More with Email Check Points Balance at Pay your Ultamate Rewards® Sign up for email at ulta.com/rewards Credit Card bill through the Ulta ulta.com/rewards to get access See how many points you Beauty app - download it today! to Credit Card Extras, bonus eamed this month, and redeem points and email-only coupons.3 to save on any of our 20,000 pretty products.3 See Additional Important Messages for more details. TRANS DATE TRANSACTION DESCRIPTIONA.OcATION AMOuNT 11/27/2020 PAYMENT - THANKYOU - -69.00 12/12/2020 ULTAPURCHASE - #902BOLINGBROOK,IL 36.72. ........................................................................................................_................................. ............... - Fees . ' Total feeschargedfor this period