Preview
i
GE PF SOy
2
e
Or cou
PAVAN PARIKH
HAMILTON COUNTY CLERK OF COURTS
COMMON PLEAS DIVISION
ELECTRONICALLY FILED
March 12, 2024 01:09 PM
PAVAN PARIKH
Clerk of Courts
Hamilton County, Ohio
CONFIRMATION 1442885
BANK OF AMERICA NA A 2401180
vs.
ALEXANDRA S BONGIORNO
FILING TYPE: INITIAL FILING (OUT OF COUNTY) WITH NO JURY
DEMAND
PAGES FILED: 9
EFR200
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
HAMILTON COUNTY COURT OF COMMON PLEAS
HAMILTON COUNTY, OHIO
BANK OF AMERICA, N.A.
100 North Tryon Street Case No eae
Charlotte, NC 28202
Plaintiff Judge aaa
-VS-
COMPLAINT
ALEXANDRA S BONGIORNO
8026 Witts Mill Ln
Cincinnati OH 45255-5730
Defendant
Plaintiff, BANK OF AMERICA, N.A., through its attomeys, claims as follows:
1 This is an action for damages that are within the jurisdictional limits of this
Court, exclusive of costs.
2 Venue for this action is proper in this Court because the Defendant is a resident
within the territorial jurisdiction of this Court.
3 Plaintiff is a national banking association organized and existing under the laws
of the United States of America and having its principal place of business in Charlotte, North
Carolina.
4 Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the
successor-in-interest to FIA Card Services, N.A. ("FIA"), formerly known as MBNA America
Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1,
2014.
5. Defendant is an adult individual residing in this county.
6 Defendant applied for and received a credit account, which is owned and
administered by Plaintiff (the "Account"). Defendant used or authorized the use of the Account
for the acquisition of goods, services, balance transfers or cash advances in accordance with the
customer agreement ("Agreement") governing use of the Account with Plaintiff.
7. Defendant breached the A greement by failing to make periodic payments as
required thereby, and the Account was subsequently charged-off. The entire balance on the
Account is owed to Plaintiff and is presently due and payable in full.
8 The current Account balance is $15,767.53. The Account is not accruing post
charge-off interest.
9 In accordance with federal regulations, monthly periodic statements for the
Account have been provided to the Defendant. Attached hereto and incorporated by reference
herein as Exhibit "I" is Plaintiff's Affidavit. Attached to the affidavit is evidence of the account.
Based on Plaintiff's records, there are no unresolved billing disputes related to the Account.
FIRST CAUSE OF ACTION -ON AN ACCOUNT.
10. Plaintiff incorporates herein by reference, the allegations contained in paragraphs
1 through 9 above.
11. Plaintiff asserts that the Defendant's use of the Account to purchase goods and
services represented a periodic account, for which the Plaintiff rendered monthly statements to
Defendant(s).
12. Defendant is liable to the Plaintiff on the Account for the amount requested
herein.
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
13. Additional supporting documents are not attached hereto, because upon
information and belief (a) copies were sent monthly to the Defendant, and are/were in the
possession, custody, or control of the Defendant; (b) said account records may be voluminous
and/or burdensome to produce.
SECOND CAUSE OF ACTION - UNJUST ENRICHMENT
14, Plaintiff incorporates herein by reference, the allegations contained in paragraphs
1 through 9 above.
15. In the alternative, and without waiving the foregoing, Defendant received and
used (or authorized the use of) the Account knowing that the Plaintiff expected to be repaid for all
charges incurred with the Account.
16. With each use of the credit account, the Plaintiff paid money on Defendant’s
behalf to the merchant with whom the Account was used, advanced cash to the Defendant, or paid
money to transfer balances held by Defendant with other creditors.
17. Defendant is liable for repayment of those sums under the doctrine of unjust
enrichment.
Wherefore, BANK OF AMERICA, N.A., respectfully requests that judgment be entered against
Defendant for:
a. $15,767.53, which is the current balance due;
b All court costs;
Cc. All other relief to which the Plaintiff may be entitled by law.
Respectfully submitted,
BANK OF AMERICA, N.A.
/s/ Megan Urban
e-Signed
By’ anon
03/07/2024
Date: aoe
Megan Urban (0081543) : Courtney E. Carr (0099233)
Joshua A. De Renzo (0097266) : Katie Carbone (0100506)
W. Anderson Woodford (0101686) : Ashley M. Nonis-Hartman
(0099384)
LLOYD & MCDANIEL, PLC, Attomeys for Plaintiff
P.O. Box 23200 | Louisville, KY 40223-0200
Phone: 502.585.1880 | Toll Free: 866.585.1880
Fax: 502.585.3054 | courts@ lloydmc.com
586377/POHCPBA/CJ2
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
EXHIBIT I
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
Bank of America, N.A.
Bank of America, N.A. DOCKET NO:
Plaintiff
-VS- AFFIDAVIT
ALEXANDRA S BONGIORNO
(hereinafter, the “Defendant”)
The undersigned states as follows:
1. 1am over 18 years old and competent to make this Affidavit. | am a custodian of records,
authorized Officer, and employee of Plaintiff Bank of America, N.A. (“BANA”). | am duly
authorized to make this Affidavit, and because of the scope of my job responsibilities, | am
familiar with the manner and method by which Plaintiff maintains its normal business books
and records, including computer records of defaulted accounts.
2. BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in
interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. (“FIA”).
FIA was merged into and under the charter and title of BANA effective October 1, 2014.
3. These books and records are made in the course of regularly conducted business activity
(1) at or near the time the events they purport to describe occurred, by a person with
knowledge of the acts and events, or (2) by a computer or other similar digital means, which
contemporaneously records an event as it occurs. The contents of this Affidavit are true and
correct based upon my personal knowledge of the processes by which Plaintiff maintains its
business books and records.
4. The books and records of Plaintiff show that the Defendant opened an account with
BANA, or a predecessor in interest, for the purpose of obtaining an extension of credit (the
“Account”) and did thereafter use or authorize the use of the Account for the acquisition of
goods, services, or cash advances in accordance with the customer agreement
(‘Agreement’) governing use of the Account. Further, the Defendant has failed to make
periodic payments as required by the Agreement.
5. The books and records of Plaintiff show that the Account charged-off in the ordinary
course of business on 08/31/2023.
6. The books and records of Plaintiff show that credit has been given to the Defendant for
all just and lawful offsets, payments, and credits as of the date hereof, and there now
remains due and owing on account number X0XOOOOOOXXKXKXK9IEN the just and true sum of
ID: 013689935902
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
$15767.53 as of the date of this Affidavit.
7. Pursuant to federal regulations, periodic statements reflecting the amount due on the
Account were provided to the Defendant in the ordinary course of business. A true and
correct copy of the last periodic statement generated prior to charge-off of the Account is
attached hereto. The attached is a true and correct copy from Plaintiffs business records
relating to the Account save for any marking intended to redact certain information.
8. | certify that the foregoing statements made by me are true. | am aware that if any of the
foregoing statements made by me are willfully false, | am subject to punishment.
Given under my hand on:
Dated: JAN 2 6 2024
Affiant Name (Printed) Bemetta Tate
Affiant Name signature (904 ATC a JB
Title of Affiant Officer
State of: North Carolina
County of: Guilford
SIGNED and sworn to (or affirmed) before me, the undersigned Notary Public in and for the
jurisdiction aforesaid, by Bemetta Tate, on this day, JAN 2 6 2024
Viet
~P CY O
Notary Public onentttiny,
os ORIA ny
Senne.
My Commission Expires: SW MISS /
On,
JUL 3 0 2024 F NOTA» . “%
na se ao
Yeic
+30, 2028-7
Ore
“ecu
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
BANK OF AMERICA Customer Service Information:
www.bankofamerica.com
1.800.421.2110
P.0.80x 15284
Mail billing inquirles to:
Bank of America
WILMINGTON,DE 19850 P.O. Box 672050
Dallas TX 75267-2050
Mail payment to:
Bank of America
P.O. Box 15019
‘Wilmington DE 19886-5019
ALEXANDRA S BONGIORNO:
8026 WITTS MILL LN
CINCINNATI OH 45255-5730,
Accounts} 9960
July 20 - August 19, 2023
Account Summary/Payment Information New Balance Total $15,767.53
Current Payment Due $237.00
Previous Balance $15,687.39 Past Due Amount $1,866.00
Payments and Other Credits $0.00
Total Minimum Payment Due $2,103.00
Purchases and Adjustments $0.00
Payment Due Date 09/16/2023
Fees Charged $0.00
Interest Charged $80.14
New Balance Total $15,767.53 Late Payment Warning: If we do not receive your Total Minimum
Payment by the date listed above, you may have to pay a late fee of up to
Total Credit Line $15,000.00 $39.00 and your APRs may be increased up to the Penalty APR of 29.99%.
Total Credit Available $0.00 Total Minimum Payment Warming: If you make only the Total Minimum
Cash Credit Line $3,000.00 Payment each period, you will pay more in interest and it will take you
Portion of Credit Available longer to pay off your balance. For example:
for Cash $0.00 tf youa make no additional | You will payoff the | And you will end up
Statement Closing Date 08/19/2023 charges ush ing this card “|balance shown on this} payingan estimated
Days in Billing Cycle 31 ‘and each month you pay ‘statement In about totalof
Only the Total 25 years $22,196.00
Minimum Payment
If you would Iike Information about credit counseling services, call
866.300.5238.
19 ee
BANK OF AMERICA ‘Account Number: [NN 9960
P.O. BOX 15019
WILMINGTON DE 19886-5019 Payment Due Date 09/16/2023
New Balance Total $15,767.53
Total Minimum Payment Due $2,103.00
ALEXANDRA S BONGIORNO.
8026 WITTS MILL LN
Enter payment amount $
CINCINNATI OH 45255-5730,
For change of address/phone number, see reverse side.
‘Make your payment online at www.bankofameric®.com or
Mall this coupon along with your check peyable to: Bank of America
ee
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
ALEXANDRA S BONGIORNO | Account «MMMM 9960 | July 20 - August 19, 2023
(004 - 000 - 000 - 6
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
PAYING INTEREST - We will not charge interest on Purchases on the next (CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
statement if you pay the New Balance Total in full by the Payment Due Date, Average Dally Balance Method (including new Purchases): We calculate
and you had pald in full by the previous Payment Due Date. We will begin separate Balances Subject to an Interest Rate for Purchases and for each
charging Interest on Balance Transfers and Cash Advances on the transaction Introductory or Promotional Offer balance consisting of Purchases. We do this
date. by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all
TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the dally balances together; and (3) dividing the sum of the daily balances by
are compounded on a daily basis. To determine the Interest Charges, the number of days in the billing cycle.
multiply each Balance Subject to Interest Rate by its applicable Datly Periodic To calculate the daily balance for each day In this statement's billing cycle, we:
Rate and that result is multiplied by the number of days in the billing cycle. To (1) take the beginning balance; (2) add an amount equal to the applicable Datly
determine the total interest Charge for the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's dally balance; (3) add new
Rate Interest Charges together. A Daily Periodic Rate Is calculated by dividing Purchases, new Account Fees, and new Transaction Fees; and (4) subtract
an Annual Percentage Rate by 365. applicable payments and credits. If any dally balance fs less than zero we treat
HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero.
posted balances. If your account has balances with different APRs, we will Average Balance Method (Including new Balance Transfers and new Cash
allocate the amount of your payment equal to the Total Minimum Payment Due Advances}: We calculate separate Balances Subject to an Interest Rate for
to the lowest APR balances first (Including transactions made after this Balance Transfers, Cash Advances, and for each Introductory or Promotional
statement). Payment amounts in excess of your Total Minimum Payment Due Offer balance consisting of Balance Transfers or Cash Advances. We do this by:
will be applied to balances with higher APRs before balances with lower APRs. (1) calculating a daily balance for each day in this statement's billing cycle; (2)
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statement's billing cycle
using the optional Pay-by-Phone service, you authorize us to initiate an that had a “Pre-Cycle balance” - a Pre-Cycle balance is a Balance Transfer or a
electronic payment from your account at the financial institution you designate. Cash Advance with a transaction date prior to this statement's billing cycle but
You must authorize the amount and timing of each payment. For your with a posting date within this statement's billing cycle; (3) adding all the daily
protection, we will ask for security information. To cancel, call us before the balances together; and (4) dividing the sum of the daily balances by the number
scheduled payment date. Same-day payments cannot be edited or canceled. of days in this statement's billing cycle.
YOUR CREDIT LINES - The Total Credit Line is the amount of credit To calculate the daily balance for each day in this statement’s billing cycle, we:
available for the account; however, only a portion of that Is available for Bank (1) take the beginning balance; (2) add an amount equal to the applicable Dally
Cash Advances. The Cash Credit Line is that amount you have available for Periodic Rate multiplied by the previous day's daily balance; (3) add new
Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract
Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash applicable payments and credits. If any daily balance is less than zero we treat
Advances, Overdraft Protection Cash Advances, Cash Equivalents, and it as zero.
applicable transaction fees. To calculate a daily balance for each day prior to this statement’s billing cycle
MISCELLANEOUS - Promotional Rate End Date: This date Is based ona that had a Pre-Cycle balance: (1) we take the beginning balance attributable
future statement closing date. If you change your payment due date, this date ‘solely to Pre-Cycle balance (which will be zero on the transaction date of the
could change. The New Balance Total which appears on this statement Is not a first Pre-Cycle balance); (2) add an amount equal to the applicable Daily
payoff amount and may be subject to additional Interest charges when you pay Periodic Rate multiplied by the previous day's dally balance; (3) and add only
In full after your statement closing date. Virtual cards are the digital form of the applicable Pre-Cycle balances and thelr related Transaction Fees. We
your eligible physical credit cards stored within a digital wallet. exclude from this calculation all transactions posted In previous billing cycles.
© 2023 Bank of America Corporation
For the complete terms and conditions of your account, consult your Credit
Card Agreement. This account is issued and administered by Bank of America.
Bank of America is a registered trademark of Bank of America Corporation.
PAYMENTS - We crecit mailed payments as of the date received, If the payment Is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your
monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financlal Institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance
portion of your staternent accompanying it. Payments received by mail after 5 p.m, local time at the remittance addresson any day including the Payment Due Date, but that otherwise
meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 pm, Central. Credit for eny
‘other payments may be delayed up to five days, Cash payments made with our tellers will only be accepted with a valid identification (ID).
No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers.
We process most payment checks electronically by using the Information found on your check. Each check autherizes us to create a one-time electronic funds transfer (or process It as a
checkor paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you.
If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop
payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur.
Change of Address/Phone number: Online at www.bankofamerica.com
Please do not add any written communication In this space.
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
ALEXANDRA S BONGIORNO | Account # MMMM 9960 | July 20 - August 19, 2023
Transactions
Transaction Posting Reference Account
Date Date Description Number Number Amount Total
Interest Charged
08/19 08/19 INTEREST CHARGED ON PURCHASES 80.14
08/19 08/19 INTEREST CHARGED ON BALANCE TRANSFERS: 0.00
08/19 08/19 INTEREST CHARGED ON DIR DEP&CHK CASHADV 0.00
08/19 08/19 INTEREST CHARGED ON BANK CASH ADVANCES 0.00
‘TOTAL INTEREST CHARGED FOR THIS PERIOD $80.14
Total fees charged In 2023 $276.78
Total interest charged in 2023 $612.24
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account
Type of Annual Promotional Promotional Promotional Balance Interest
Balance Percentage Transaction Offer ID Rate End Subject to Charges by
Rate Type Date Interest Transaction
Rate Type
Purchases 6.00% $ 15,726.24 80.14
Balance Transfers 6.00% 0.00 0.00
rect Deposit and Check Cash 20.24%V 0.00 0.00
Advances
Bank Cash Advances 24.49%V 0.00 0.00
‘APR Type Definitions Daily Interest Rate Type: V= Varlable Rate (rate may vary)
Important Messages
You're a valued customer and we want you to know that we haven't received your current payment due. Please send your payment due
today. If you've already mailed it, thank you.
Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your
balance under the Total Credit Line. There is no fee for being over your Total Credit Line.
When this statement was created, the account's Credit Line was in a restricted status and not available for use.
You can request a copy of this statement in either Braille or Large Print by calling 800.432.1000 or going to bankofamerica.com and enter
Visually Impaired Access from the home page.
Page
3 of 4
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
ALEXANDRA
S BONGIORNO | Account #9960 | July 20 - August 19, 2023
Better Money Habits
Pursue your goals with confidence
Make more informed decisions with education and guidance from Better Money Habits®
+ Tackle financial stress.
+ Find ways to save.
+ Get information and ideas on a variety of money-related topics.
Get started today at BetterMoneyHabits.com.
'SSM09-22-00358 | 4920561
Poge
4 of 4
E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO
Preview
i GE PF SOy 2 e Or cou PAVAN PARIKH HAMILTON COUNTY CLERK OF COURTS COMMON PLEAS DIVISION ELECTRONICALLY FILED March 12, 2024 01:09 PM PAVAN PARIKH Clerk of Courts Hamilton County, Ohio CONFIRMATION 1442885 BANK OF AMERICA NA A 2401180 vs. ALEXANDRA S BONGIORNO FILING TYPE: INITIAL FILING (OUT OF COUNTY) WITH NO JURY DEMAND PAGES FILED: 9 EFR200 E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO HAMILTON COUNTY COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO BANK OF AMERICA, N.A. 100 North Tryon Street Case No eae Charlotte, NC 28202 Plaintiff Judge aaa -VS- COMPLAINT ALEXANDRA S BONGIORNO 8026 Witts Mill Ln Cincinnati OH 45255-5730 Defendant Plaintiff, BANK OF AMERICA, N.A., through its attomeys, claims as follows: 1 This is an action for damages that are within the jurisdictional limits of this Court, exclusive of costs. 2 Venue for this action is proper in this Court because the Defendant is a resident within the territorial jurisdiction of this Court. 3 Plaintiff is a national banking association organized and existing under the laws of the United States of America and having its principal place of business in Charlotte, North Carolina. 4 Plaintiff is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-interest to FIA Card Services, N.A. ("FIA"), formerly known as MBNA America Bank, N.A. FIA was merged into and under the charter and title of Plaintiff effective October 1, 2014. 5. Defendant is an adult individual residing in this county. 6 Defendant applied for and received a credit account, which is owned and administered by Plaintiff (the "Account"). Defendant used or authorized the use of the Account for the acquisition of goods, services, balance transfers or cash advances in accordance with the customer agreement ("Agreement") governing use of the Account with Plaintiff. 7. Defendant breached the A greement by failing to make periodic payments as required thereby, and the Account was subsequently charged-off. The entire balance on the Account is owed to Plaintiff and is presently due and payable in full. 8 The current Account balance is $15,767.53. The Account is not accruing post charge-off interest. 9 In accordance with federal regulations, monthly periodic statements for the Account have been provided to the Defendant. Attached hereto and incorporated by reference herein as Exhibit "I" is Plaintiff's Affidavit. Attached to the affidavit is evidence of the account. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. FIRST CAUSE OF ACTION -ON AN ACCOUNT. 10. Plaintiff incorporates herein by reference, the allegations contained in paragraphs 1 through 9 above. 11. Plaintiff asserts that the Defendant's use of the Account to purchase goods and services represented a periodic account, for which the Plaintiff rendered monthly statements to Defendant(s). 12. Defendant is liable to the Plaintiff on the Account for the amount requested herein. E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO 13. Additional supporting documents are not attached hereto, because upon information and belief (a) copies were sent monthly to the Defendant, and are/were in the possession, custody, or control of the Defendant; (b) said account records may be voluminous and/or burdensome to produce. SECOND CAUSE OF ACTION - UNJUST ENRICHMENT 14, Plaintiff incorporates herein by reference, the allegations contained in paragraphs 1 through 9 above. 15. In the alternative, and without waiving the foregoing, Defendant received and used (or authorized the use of) the Account knowing that the Plaintiff expected to be repaid for all charges incurred with the Account. 16. With each use of the credit account, the Plaintiff paid money on Defendant’s behalf to the merchant with whom the Account was used, advanced cash to the Defendant, or paid money to transfer balances held by Defendant with other creditors. 17. Defendant is liable for repayment of those sums under the doctrine of unjust enrichment. Wherefore, BANK OF AMERICA, N.A., respectfully requests that judgment be entered against Defendant for: a. $15,767.53, which is the current balance due; b All court costs; Cc. All other relief to which the Plaintiff may be entitled by law. Respectfully submitted, BANK OF AMERICA, N.A. /s/ Megan Urban e-Signed By’ anon 03/07/2024 Date: aoe Megan Urban (0081543) : Courtney E. Carr (0099233) Joshua A. De Renzo (0097266) : Katie Carbone (0100506) W. Anderson Woodford (0101686) : Ashley M. Nonis-Hartman (0099384) LLOYD & MCDANIEL, PLC, Attomeys for Plaintiff P.O. Box 23200 | Louisville, KY 40223-0200 Phone: 502.585.1880 | Toll Free: 866.585.1880 Fax: 502.585.3054 | courts@ lloydmc.com 586377/POHCPBA/CJ2 E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO EXHIBIT I E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO Bank of America, N.A. Bank of America, N.A. DOCKET NO: Plaintiff -VS- AFFIDAVIT ALEXANDRA S BONGIORNO (hereinafter, the “Defendant”) The undersigned states as follows: 1. 1am over 18 years old and competent to make this Affidavit. | am a custodian of records, authorized Officer, and employee of Plaintiff Bank of America, N.A. (“BANA”). | am duly authorized to make this Affidavit, and because of the scope of my job responsibilities, | am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. 2. BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. (“FIA”). FIA was merged into and under the charter and title of BANA effective October 1, 2014. 3. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this Affidavit are true and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records. 4. The books and records of Plaintiff show that the Defendant opened an account with BANA, or a predecessor in interest, for the purpose of obtaining an extension of credit (the “Account”) and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement (‘Agreement’) governing use of the Account. Further, the Defendant has failed to make periodic payments as required by the Agreement. 5. The books and records of Plaintiff show that the Account charged-off in the ordinary course of business on 08/31/2023. 6. The books and records of Plaintiff show that credit has been given to the Defendant for all just and lawful offsets, payments, and credits as of the date hereof, and there now remains due and owing on account number X0XOOOOOOXXKXKXK9IEN the just and true sum of ID: 013689935902 E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO $15767.53 as of the date of this Affidavit. 7. Pursuant to federal regulations, periodic statements reflecting the amount due on the Account were provided to the Defendant in the ordinary course of business. A true and correct copy of the last periodic statement generated prior to charge-off of the Account is attached hereto. The attached is a true and correct copy from Plaintiffs business records relating to the Account save for any marking intended to redact certain information. 8. | certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements made by me are willfully false, | am subject to punishment. Given under my hand on: Dated: JAN 2 6 2024 Affiant Name (Printed) Bemetta Tate Affiant Name signature (904 ATC a JB Title of Affiant Officer State of: North Carolina County of: Guilford SIGNED and sworn to (or affirmed) before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Bemetta Tate, on this day, JAN 2 6 2024 Viet ~P CY O Notary Public onentttiny, os ORIA ny Senne. My Commission Expires: SW MISS / On, JUL 3 0 2024 F NOTA» . “% na se ao Yeic +30, 2028-7 Ore “ecu E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO BANK OF AMERICA Customer Service Information: www.bankofamerica.com 1.800.421.2110 P.0.80x 15284 Mail billing inquirles to: Bank of America WILMINGTON,DE 19850 P.O. Box 672050 Dallas TX 75267-2050 Mail payment to: Bank of America P.O. Box 15019 ‘Wilmington DE 19886-5019 ALEXANDRA S BONGIORNO: 8026 WITTS MILL LN CINCINNATI OH 45255-5730, Accounts} 9960 July 20 - August 19, 2023 Account Summary/Payment Information New Balance Total $15,767.53 Current Payment Due $237.00 Previous Balance $15,687.39 Past Due Amount $1,866.00 Payments and Other Credits $0.00 Total Minimum Payment Due $2,103.00 Purchases and Adjustments $0.00 Payment Due Date 09/16/2023 Fees Charged $0.00 Interest Charged $80.14 New Balance Total $15,767.53 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to Total Credit Line $15,000.00 $39.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Credit Available $0.00 Total Minimum Payment Warming: If you make only the Total Minimum Cash Credit Line $3,000.00 Payment each period, you will pay more in interest and it will take you Portion of Credit Available longer to pay off your balance. For example: for Cash $0.00 tf youa make no additional | You will payoff the | And you will end up Statement Closing Date 08/19/2023 charges ush ing this card “|balance shown on this} payingan estimated Days in Billing Cycle 31 ‘and each month you pay ‘statement In about totalof Only the Total 25 years $22,196.00 Minimum Payment If you would Iike Information about credit counseling services, call 866.300.5238. 19 ee BANK OF AMERICA ‘Account Number: [NN 9960 P.O. BOX 15019 WILMINGTON DE 19886-5019 Payment Due Date 09/16/2023 New Balance Total $15,767.53 Total Minimum Payment Due $2,103.00 ALEXANDRA S BONGIORNO. 8026 WITTS MILL LN Enter payment amount $ CINCINNATI OH 45255-5730, For change of address/phone number, see reverse side. ‘Make your payment online at www.bankofameric®.com or Mall this coupon along with your check peyable to: Bank of America ee E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO ALEXANDRA S BONGIORNO | Account «MMMM 9960 | July 20 - August 19, 2023 (004 - 000 - 000 - 6 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next (CALCULATION OF BALANCES SUBJECT TO INTEREST RATE statement if you pay the New Balance Total in full by the Payment Due Date, Average Dally Balance Method (including new Purchases): We calculate and you had pald in full by the previous Payment Due Date. We will begin separate Balances Subject to an Interest Rate for Purchases and for each charging Interest on Balance Transfers and Cash Advances on the transaction Introductory or Promotional Offer balance consisting of Purchases. We do this date. by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the dally balances together; and (3) dividing the sum of the daily balances by are compounded on a daily basis. To determine the Interest Charges, the number of days in the billing cycle. multiply each Balance Subject to Interest Rate by its applicable Datly Periodic To calculate the daily balance for each day In this statement's billing cycle, we: Rate and that result is multiplied by the number of days in the billing cycle. To (1) take the beginning balance; (2) add an amount equal to the applicable Datly determine the total interest Charge for the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's dally balance; (3) add new Rate Interest Charges together. A Daily Periodic Rate Is calculated by dividing Purchases, new Account Fees, and new Transaction Fees; and (4) subtract an Annual Percentage Rate by 365. applicable payments and credits. If any dally balance fs less than zero we treat HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero. posted balances. If your account has balances with different APRs, we will Average Balance Method (Including new Balance Transfers and new Cash allocate the amount of your payment equal to the Total Minimum Payment Due Advances}: We calculate separate Balances Subject to an Interest Rate for to the lowest APR balances first (Including transactions made after this Balance Transfers, Cash Advances, and for each Introductory or Promotional statement). Payment amounts in excess of your Total Minimum Payment Due Offer balance consisting of Balance Transfers or Cash Advances. We do this by: will be applied to balances with higher APRs before balances with lower APRs. (1) calculating a daily balance for each day in this statement's billing cycle; (2) IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statement's billing cycle using the optional Pay-by-Phone service, you authorize us to initiate an that had a “Pre-Cycle balance” - a Pre-Cycle balance is a Balance Transfer or a electronic payment from your account at the financial institution you designate. Cash Advance with a transaction date prior to this statement's billing cycle but You must authorize the amount and timing of each payment. For your with a posting date within this statement's billing cycle; (3) adding all the daily protection, we will ask for security information. To cancel, call us before the balances together; and (4) dividing the sum of the daily balances by the number scheduled payment date. Same-day payments cannot be edited or canceled. of days in this statement's billing cycle. YOUR CREDIT LINES - The Total Credit Line is the amount of credit To calculate the daily balance for each day in this statement’s billing cycle, we: available for the account; however, only a portion of that Is available for Bank (1) take the beginning balance; (2) add an amount equal to the applicable Dally Cash Advances. The Cash Credit Line is that amount you have available for Periodic Rate multiplied by the previous day's daily balance; (3) add new Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash applicable payments and credits. If any daily balance is less than zero we treat Advances, Overdraft Protection Cash Advances, Cash Equivalents, and it as zero. applicable transaction fees. To calculate a daily balance for each day prior to this statement’s billing cycle MISCELLANEOUS - Promotional Rate End Date: This date Is based ona that had a Pre-Cycle balance: (1) we take the beginning balance attributable future statement closing date. If you change your payment due date, this date ‘solely to Pre-Cycle balance (which will be zero on the transaction date of the could change. The New Balance Total which appears on this statement Is not a first Pre-Cycle balance); (2) add an amount equal to the applicable Daily payoff amount and may be subject to additional Interest charges when you pay Periodic Rate multiplied by the previous day's dally balance; (3) and add only In full after your statement closing date. Virtual cards are the digital form of the applicable Pre-Cycle balances and thelr related Transaction Fees. We your eligible physical credit cards stored within a digital wallet. exclude from this calculation all transactions posted In previous billing cycles. © 2023 Bank of America Corporation For the complete terms and conditions of your account, consult your Credit Card Agreement. This account is issued and administered by Bank of America. Bank of America is a registered trademark of Bank of America Corporation. PAYMENTS - We crecit mailed payments as of the date received, If the payment Is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financlal Institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your staternent accompanying it. Payments received by mail after 5 p.m, local time at the remittance addresson any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 pm, Central. Credit for eny ‘other payments may be delayed up to five days, Cash payments made with our tellers will only be accepted with a valid identification (ID). No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the Information found on your check. Each check autherizes us to create a one-time electronic funds transfer (or process It as a checkor paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication In this space. E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO ALEXANDRA S BONGIORNO | Account # MMMM 9960 | July 20 - August 19, 2023 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 08/19 08/19 INTEREST CHARGED ON PURCHASES 80.14 08/19 08/19 INTEREST CHARGED ON BALANCE TRANSFERS: 0.00 08/19 08/19 INTEREST CHARGED ON DIR DEP&CHK CASHADV 0.00 08/19 08/19 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 ‘TOTAL INTEREST CHARGED FOR THIS PERIOD $80.14 Total fees charged In 2023 $276.78 Total interest charged in 2023 $612.24 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account Type of Annual Promotional Promotional Promotional Balance Interest Balance Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 6.00% $ 15,726.24 80.14 Balance Transfers 6.00% 0.00 0.00 rect Deposit and Check Cash 20.24%V 0.00 0.00 Advances Bank Cash Advances 24.49%V 0.00 0.00 ‘APR Type Definitions Daily Interest Rate Type: V= Varlable Rate (rate may vary) Important Messages You're a valued customer and we want you to know that we haven't received your current payment due. Please send your payment due today. If you've already mailed it, thank you. Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your balance under the Total Credit Line. There is no fee for being over your Total Credit Line. When this statement was created, the account's Credit Line was in a restricted status and not available for use. You can request a copy of this statement in either Braille or Large Print by calling 800.432.1000 or going to bankofamerica.com and enter Visually Impaired Access from the home page. Page 3 of 4 E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO ALEXANDRA S BONGIORNO | Account #9960 | July 20 - August 19, 2023 Better Money Habits Pursue your goals with confidence Make more informed decisions with education and guidance from Better Money Habits® + Tackle financial stress. + Find ways to save. + Get information and ideas on a variety of money-related topics. Get started today at BetterMoneyHabits.com. 'SSM09-22-00358 | 4920561 Poge 4 of 4 E-FILED 03/12/2024 1:09 PM / CONFIRMATION 1442885 / A 2401180 / COMMON PLEAS DIVISION / IFO