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  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
  • Bank Of America, N.A . Vs Scutellaro GuyBook Account (Debt Collection Matters Only) document preview
						
                                

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MON-L-001440-24 05/01/2024 9:28:37 AM Pglof7 Trans ID: LCV20241103181 02241910 MULLOOLY,JEFFREY,ROONEY & FLYNN LLP \ A limited liability partnership formed in the State of New York JOHN J.SHEERIN-053401992 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 (516)656-5300 Attorneys for Plaintiff eee eee ee eee ee ee ee eee SUPERIOR COURT OF NEW JERSEY Bank of America, N.A. Plaintiff, LAW DIVISION - MONMOUTH COUNTY -Against- DOCKET#: GUY E SCUTELLARO MORF#: 02241910 Defendant(s) COMPLAINT Plaintiff,Bank of America,N.A.,through its attorneys upon information and belief, claims as follows: 1 The defendant resides in the county in which this action is brought. = Plaintiff is a national banking association organized and existing under the laws of the United States of America with a principal place of business at 100 North Tryon Street, Charlotte, NC 28202. 3 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. FIRST CAUSE OF ACTION 4 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. 5 Defendant breached the Agreement 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. 6 The current Account balance is $20,738.29, which includes any applicable payments and credits The Account is not accruing post charge-off interest. SECOND CAUSE OF ACTION 7 In accordance with federal regulations,monthly periodic statements for the Account have been provided to the Defendant and retained without successful objection. Attached hereto and incorporated herein as Exhibit "A" is a copy of the last periodic statement provided to Defendant prior to charge-off. Based on Plaintiff's records, there are no unresolved billing disputes related to the Account. WHEREFORE, Plaintiff,Bank of America,N.A.,prays that judgment be entered against Defendant for: a $20,738.29,which is the current balance due; and b. All court costs. I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). I certify that pursuant to Court Rule 4:5-1(b) (2),the matter in controversy is not the subject of any other action or arbitration proceeding, now or contemplated,and that no other parties should be joined in this action. John J.Sheerin is hereby designated as Trial Counsel pursuant to Rule 4:25-4. Respectfully submitted, Bank of America,N.A. . Dated: S024 By: JOH IEERIN, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. MON-L-001440-24 05/01/2024 9:28:37 AM Pg2of7 Trans ID: LCV20241103181 02241910 $20,738.29 MULLOOLY,JEFFREY,ROONEY & FLYNN LLP DEMAND: A limited liability partnership formed in the State of New York JOHN J.SHEERIN-053401992 6851 Jericho Tpke,Suite 220 Syosset,NY 11791-9036 ($16)656-5300 Attorneys for Plaintiff --- aerate errr reatecren er eTere neniSIS BS Si, SUPERIOR COURT OF NEW JERSEY Bank of “Aneric a, NA. Plaintiff, LAW DIVISION - MONMOUTH COUNTY vs DOCKET#: GUY E SCUTELLARO MORF#: 02241910 Defendant(s) CIVIL ACTION meee oan SSR ee ee eee oe ee ee ee ee ee en, SUMMONS From the STATE OF NEW JERSEY To The Defendant(s) Named Above: of New The Plaintiff,named above,has filed a lawsuit against you in Superior Court The complaint attached to this summons states the basis for this lawsuit. If you Jersey. you or your attorney must file a written answer or motion and dispute this complaint, proof of service with the deputy clerk of the Superior Court in the county listed above within 35 days from the date you received this summons,not counting the date you received it. (A directory of the addresses of each deputy clerk of the Superior Court is available in the Civil Division Management Office in the county listed above and online at http: //www.njcourts.gov). If the complaint is one in foreclosure, then you must file your written answer or motion and proof of service with the Clerk of the Superior Court, Hughes Justice Complex,P.O.BOX 971,Trenton,NJ 08625-0971 . A filing fee payable to the Treasurer, State of New Jersey and a completed Case Informatio n Statement (available from the deputy clerk of the Superior send a copy of Court)must accompany your answer or motion when it is filed. You must also and address appear above, or to your answer or motion to plaintiff's attorney whose name call will not protect your plaintiff,if no attorney is named above. A telephone vights;you must file and serve a written answer or motion(with fee of $175.00 and completed Case Information Statement)if you want the court to hear your defense. court may If you do not file and serve a written answer or motion within 35 days,the the relief plaintiff demands,plu s interest and costs of enter a judgment against you for suit.I£ judgment is entered against you, the Sheriff may seize your money,wages or property to pay all or part of the judgment If you cannot afford an attorney,you may call the Legal Services office in the county where you live or the Legal Services of New Jersey Statewide Hotline at 1-888-LSNJ-LAW (1-888-576-5529). If you do not have an attorney and are not eligible for free legal assistance, you may obtain a referral to an attorney by calling one of the Lawyer Referral Services. A directory with contact information for local Legal Services Office Offices and Lawyer Referral Services is available in the Civil Division Management in the county listed above and online at http://www .njcourts. gov. /S/Michelle M Smith Clerk of the Superior Court Dated: ZO/A GUY E SCUTELLARO (Pl) 4124Td 159 W MILLSTREAM RD CREAM RIDGE,NJ 08514 MON-L-001440-24 05/01/2024 9:28:37 AM Pg3o0f7 Trans ID: LCV20241103181 Exhibit A MON-L-001440-24 05/01/2024 9:28:37 AM Pg4of7 Trans ID: LCV20241103181 Customer Service Information: BANK OF AMERICA @ www.bankofamerica.com 1.800.421.2110 Mail billing Inquiries to: P.0, BOX 15204 Bark of America WILMINGTON. DE 19950 P.O, Box 672050 Datias TX 75267-2050 Mall payment to: Bark of America P.O, Box 15019 Wiimington DE 19886-5019 GUY E SCUTELLARO 159 W MILLSTREAM RD CREAM RIDGE NJ 08514-2315 Accountal 6051 January 28 - February 27, 2023 Account Summary/Payment Information New Balance Total $20,738.25 Current Payment Due $527.00 Previous Balance $20,416.24 Past Due Amount $3,494.00 Payments and Other Credits ~$1.00 Total Minimum Payment Due $4,021.00 Purchases and Adjustments $0.00 Payment Due Date 03/24/2023 Fees Charged ‘$0.00 Interest Charged $323.05 Late Payment Warning: If we do not receive your Total Minimum New Balance Total $20,738.29 Payment by the date listed above, you may have to pay a late fee of up to Total Credit Line $19,700.00 $39.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Credit Available $0.00 Total Minimum Payment Warning: If you make only the Total Minimum Cash Credit Line $6,000.00 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 If you make no additional You will payoff the And you will end up Statement Closing Date 02/27/2023 charges using this card |balance shown on this paying an estimated Days in Billing Cycle 31 and each month you pay statement in about total of Only the Total 29 years $46,260.00 Minimum Payment If you would like information about credit counseling services, call 866.300.5238. 2? a BANK OF AMERICA Account Number: [IY sos1 P.O. BOX 15019 WILMINGTON DE 19886-5019 Payment Due Date 03/24/2023 New Balance Total $20,738.29 Total Minimum Payment Due $4,021.00 GUY E SCUTELLARO Enter payment amount s 159 W MILLSTREAM RD CREAM RIDGE NJ 08514-2315 For change of address/phone number, see reverse side. Make your payment online at www.bankotamerica.com or Mall this coupon elong with your check payable to: Bank of America LEE] ESS ees) MON-L-001440-24 05/01/2024 9:28:37 AM Pg5of7 Trans ID: LCV20241103181 GUY E SCUTELLARO | Account # MMMM 5051. | January 28 - February 27, 2023 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 Daily Balance Method (including new Purchases): We calculate and you had paid 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 dally balance for each day in the billing cycle; (2) adding all TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the daily balances together; and (3) dividing the sum of the daily balances by are compounded on a daily basis. To determine the Interest Charges, we the number of days in the billing cycle. multiply each Balance Subject to Interest Rate by its applicable Daily Periodic To calculate the daily balance for each day in this staternent'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 Daily determine the total Interest Charge for the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's daily 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 daily balance is 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” - @ Pre-Cycle balance is a Balance Transfer or 2 electronic payment from your account at the financial institution you designate. Cash Advance 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 Daily Cash Advances. The Cash Credit Line is that ammount 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 on a that had a Pre-Cycle balance: (1) we take the beginning balance attributable solely to Pre-Cycle balance (which will be zero on the transaction date of the future statement closing date. If you change your payment due date, this date could change. The New Balance Total which appears on this statement is not afirst Pre-Cycle balance); (2) add an amount equal to the applicable Daily payoff amount and may be subjectto 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. Please contact the customer service the applicable Pre-Cycle balances and their related Transaction Fees. We number located on the front of this statement for a pay-off emount. Virtual exclude from this calculation all transactions posted in previous billing cycles. cards are the digital form of your eligible physical credit cards stored within a digital wallet. For the complete terms and conditions of your account, consult your Credit © 2023 Bank of America Corporation Card Agreement. This account is issued and administered by Bank of America. Bank of America is a registered trademark of Sank of America Corporation. PAYMENTS - We credit 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 US. dollars on a U.S. financial institution of a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m, local time at the remittance address on 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 p.m. Central. Credit for any 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 eperate 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 authorizes us to create a one-time electronic funds transfer (or process it as.2 check or paper draft), Funds may be withdrawn from your account 2s socn as the same daywe 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 step 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. AB MON-L-001440-24 05/01/2024 9:28:37 AM Pg 6of7 Trans ID: LCV20241103181 GUY ESCUTELLARO | Account + MMMM 5051 | January 28 - February 27, 2023 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Payments and Other Credits 02/15 O25 PAYMENT - THANK YOU 5490 5051 -1.00 TOTAL PAYMENTS AND OTHER CREDITS FOR THIS PERIOD -$1.00 Interest Charged 02/27 02/27 INTEREST CHARGED ON PURCHASES, 323.05 02/27 02/27 INTEREST CHARGED ON BALANCE TRANSFERS 0.00 02/27 02/27 INTEREST CHARGED ON DIR DEP&CHK CASHADV 0.00 02/27 02/27 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $323.05 PLP EGR] (-F-1 et dob OF1K) Total fees charged In 2023 $39.00 Total Interest charged in 2023 $640.55 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 18.49%V $ 20,571.73 $ 323.05 Balance Transfers 18.49% 0.00 0.00 Direct Deposit and Check Cash 22.24%V 0.00 0.00 Advances Bank Cash Advances 24.24%V 0.00 0.00 APR Type Definitions Daily Interest Rate Type: V= Variable Rate (rate may vary) Page 3 of 4 MON-L-001440-24 05/01/2024 9:28:37 AM Pg7of7 Trans ID: LCV20241103181 GUY ESCUTELLARO | Account MMMM 5051 | January 28 - February 27. 2023 Important Messages You're a valued customer and we want you to know that we haver'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. Points eamed can expire if not redeemed within 60 months from the month earned. To view current point totals and when points expire, visit bankofamerica.com. Choose the credit card account related to this statement in Accounts Overview, then select the Rewards Tab and access the ‘see expiration schedule’ link for a full view of total points by month of expiration. 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. Your Reward Summary Make the most of your .00 BASE EARNED THIS MONTH rewards program today! .00 TOTAL AVAILABLE Take your security to the next level Check your security meter level and watch it rise as you take action to help protect against fraud. See it in the Mobile Banking app and Online Banking. Scan this code or visit bofa.com/SecurityCenter to learn more. When you use the QRC feature certain information is collected from your mobite device for business purposes. Mabile Banking requires that ai lp Banking app and is only avalable for select mobile devices. Message and data rates may appyy. Page 4 of 4