Preview
FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010
.
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018
SUPREME.COURT OFTHESTATE0FNEWYORK CONSUMERCREDITTRANSACTION
COUNTY'ÔFMONROE
-------------------------------------------------X SUMMONS
Bank of America, N.A.
Plaintiff, COURT INDEX#:
MJRF#: 01724649
-Against-
STEPHANIE L SMITH Plaintiff's Address:
655 PAPERMILL ROAD
Defendant(s) NEWARK,DE 19711
-------------------------------------------------X
Defendant's Address:
111 RIDGEMAR RD
ROCHESTER,NY 14615
The basis of the venue is:
DEFENDANT RESIDES IN THE COUNTY
TO THE ABOVE NAMED DEFENDANT(S):
YOU AREHEREBY SUMMONED
to answer the complaint in this action and to serve a copy of your answer on Plaintiff's
Attorneys within the time provided by law as noted below.
Dated: July 24, 2018
MAS A/DREDGER,JR.
MULL00LY,/JEFFREY.R00NEY 5 FLYNN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
P.0.BOX 9036
Syosset,NY 11791-9036
(516)656-5300
NOTE:The law provides that:
(a)If this summons is served by its delivery to you personally within the State of New
York you must appear and answer within TWENTY days after such service; or
(b)If this summons is served by delivery to any person other than you personally,or is
served outside the State of New York or by publication,or by any means other than
personal delivery to you within the State of New York, you are allowed THIRTY days after
service is complete to answer.
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.
(F I AS ) 4124TK
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FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018
SUPREME COURT OFTHESTATE OF NEWYORK
COUNTY OFMONROE
---------------------------------------------X
Bank of America, N.A.
v. INDEX#:
STEPHANIE L SMITH MJRF#: 01724649
--------- ------------------------------ ------X
COMPLAINT
Plaintiff,.Bank of America,N.A.,through its attorneys upon information and belief,claims
as follows:
1. That the defendant(s) resides in the county in which this action is brought;or that
the defendant(s) transacted business within the county in which this action is brought in
person or through his agent and that the instant cause of action arose out of the said
transaction.
2. Plaintiff is a national banking association organized and existing under the laws of
the United States of America.
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" use of the Account with Plaintiff.
agreement("Agreement") governing
. 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 $6,422.77, 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 of the last periodic statement
copy
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:
the sum of $6,422.77,together with costs .and
and disbursements.
Resp c ully submitted.
Dated: July 24, 2018
pMAS A REDGER,JR.
0LLOOLY,JEFFREY,R00NEY & FLYNN LLP
Attorneys for Plaintiff
6851 Jericho Tpke,Suite 220
Syosset, NY 11791-9036
(516)656·5300
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.
(F)AS)
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FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018
3 of 7
FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018
Customer ServiceInforrnation:
Rowards-
BattkAngericard | cash
Bank of Amenca F www.bankofamerica.com
t800ouno
TTY: L800.346.31.78
Visa Signaturee .Mail
Mail
Mall inquiries
billing to:
Bank of America
P.O. Box982234
El Paso TX 79998-2234
Mall payment to:
Bank of America
P.O.Box 15019
STEPHANIE L SMITH
111 RIDGEMAR RD wilmingtonDE 19886-5019
ROCHESTER NY 14815-2025
Account Summary Payment Information
~ - 21, 2018
December 22 -January
Accounts 1085
Previous Balance $6.365.81 New Balance Total $6.422.77
Payments and Other Credits $0.00 Current Payment Due $120.00
Purchases and Adjustments $0.00 Past Due Amount $1.048.00
Fees Charged $0.00
Interest Charged $56.96 TotalMinimum Payment Due $1.168.00
Payment Due Date 02/18/2018
New II C Total
Balance
crQICII I Viol $6.422.77
AID.4CC.Ir Late Payment
J Waming: e If wedo not receive4 your
fvv Total
vv Minimum
Payment by the date listed
above, you may have to fee
pay a late ofup to
TotalCredit One $6.000.00 $38.00 and your Increased
APRs may be up tothe PenaltyAPR of 29.99%.
TotalCredit Available $0.00 Total Minimum Payment Waming: If you Total Minimum
make only the
Cash CreditLine $1.800.00 Payment each will
period,you pay more in Interest
and It will
takeyou
Portionof CreditAvailable longerto pay offyour balance.For example:
forCash $0.00 the-"
. If you
make no additiorial ou will:payoff
the . And you willend up
Statement Closing Date 01/21/2018 charges' ' an.estimated;,'
charges using-this
card balanceshown on this payingan estirnated
Days In Billing
Cycle 31
and,eachmonth'ydu .statement in affout- -
otal.of 3.
pay '.',
Only theTotal 18 years $10.400.00
MinImum Payment
Ifyou would likeInformation about credit counseling services,call
866.300.5238.
~
R 1, O 8 5
BANK OF AMERICA AccountNumber: 1086
P.O. BOX 15019
WILMINGTON DE 19886-5019 New Balance Total $6.422.77
Total MinimumPayment Due $1.168.00
Payment Due Date 02/18/2018
STEPHANIE L SMITH Enter payment amount ;
111 RIDGEMAR RD 5
ROCHESTER NY 14615-2025
Checkhere for a change of mailirg eodress or phone numbers
Presseprovi® aff corrections on me takerse tdde.
Mall this couponalong with your check payableto: Bank of Americe
I ~ u
U
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FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018
STEPHANIEL SMITH | Account e 1085 I December 22 - January 21. 2018
- 000- 000- G
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
PAY1NG INTEREST - We will not charge interest
on Purchaseson the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
statement Average Daily Balance Method (including new Purchases)-We calculate
If you pay the New Balance Total in full by the Payment Due Date.
and you had paid in full by the previous Payment Due Date. We will begin Rate for Purchasesand for each
separate Balances Subject to an Interest
charging (merest 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 Chargesaccrue 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.
we-
multiply each Balance Subject to Interest To calculate the daily balance for each day in this statement's
Rate by its applicable Daily Periodic billing cycle. we:
by the number of days In the billing cycle. To
Rate and that result is multiplied (1) take the beginning balance: (2) add an amount equal to the applicable Daily
Periodic Rate multiplied
determine the total Interest Charge for the billing cycle, we add the Periodic by the previous day's daily balance: (3) add new
Rate (merest 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. If any daily balance is less than zero we treat
applicable payments and credits
HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero.
posted balances If your account has balances with different
APRs.we wilt 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 APRbalances first (including transactions made after
this Balance TransfersLCash Advances, and for each Introductory or Promotional
Offer balance consisting of Balance Transfers or CashAdvances We do this by
statement). Payment amounts in excess of your Total Minimum Payment Due
will be applied to balances with higher APRsbefore 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
balance®-
that had a *Pre-Cycle balance
using the optional Pay-by-Phoneservice. you authorize us to inItlate an a Pre-Cycle balance is a Balance Transfer or a
electronic payment from your account at the financial institutionCashAdvance with a transaction date prior to this statement's billing cycle but
you designate.
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 Informatfort balances together: and (4) dividing the sum of the daily balances by the number
A fee may apply for expedited
service. To cancel. call us before the scheduled rpayment
J"''"date.
' "
Same-day
I of days
r in this statement's
'D cycle.
billing
1
payments cannot be edited or canceled. To calculate the daily balance for each day in this statement's billing cycle. we-
we:
YOUR CREDIT LINES -The Total Credit Line is the amount of credit(1) take the beginning balance: (2) add an amount equal to the applicable Daily
Periodic Rate multiplied
available for the account: however, only a pardon of that is available for Bank by the previous day's daily balance: (3) add new
Balance Transfers, new Cash Advances and Transaction Fees: and (4) subtract
Cash Advances The Cash Credit Une Is that amount you have available for
applicable payments and credits. If any daily balance is less than zero we treat
Bank Cash Advances Generally. Bank Cash Advances consist of ATM Cash
it as zero.
Advances. Over the Counter (OTC) Cash Advances. Same-Day Online Cash
To calculate a daily balance for each day prior to this statement's billing cycle
Advances. Overdraft Protection Cash Advances, Cash Equivalents. and
applicable transaction fees that had a Pre-Cycle balance: (1) we take the beginning balance attributable
MISCELLANEOUS - Promodonal Rate End Date. This date Is based on a
solely to Pre-Cycle balance (which will be zero on the transaction date of the
first Pre-Cycle balance): (2) add an amount equal to the applicable Daily
future statement closing date. If you change your payment due date, this date
Perfodic Rate mulupiled by the previous day's daily balance:.(3)
could change. The New Balance Total which appears on this statement is not a (3) and add only
the applicable Pre-Cycle balances and their related Transaction Fees. We
payoff amount and may be subject to additional Interest charges when you pay
exclude from this calculation all transactions posted in previous billing cycles
in full after your statement closing date. Please contact the customer service
number located on the front of this statement
for a pay-off
amount Virtual
For the complete terms and conditions of your account. consult your Credit
cards are the digital form of your eligible physical credit cards stored within a
digital wallet Card AgreementThis account is issued and administered by FIA Card Services.
FIA Card Services is a registered trademark of FIA Card Services and/or its
afffilates
PAYMENTS - Wecreditmailedpaymentsasof the date received.If the paymentis:
If your billing address or contact infomation
has changed, or If your address is
(l) receivedby 5 gun.localtime at the addressshownon the remittanceportionof your
incorrect as it appears on this bill, please provide all corrections here.
financial
monthly statement:(2) paidwith a checkdrawnin U.S.dollarson a U.i
or a U.S.dollar moneyorder:and(3) sentin the returnenvelopewith only the
Address 1
remittancepardonof yourstatementaccompanyingIt Paymentsreceivedby manafter 5
pm localtime at theremittanceaddresson anydayindudirig the PaymentDueDate,but
that otherwisemeet the aboverequirements,will becreditedasof the nert day.Payments
Address 2
madeonlineor by phonewill becreditedasof the dateof receiptif madeby 5 pm
Central.Creditfor anyother paymentsmay bedelayedup to five days Cashpayments
madewith our tellersor ATMwith TellerAssist(ATA)will only beacceptedwith a valid
identification(lDL l'fty
Nopaymentshalloperateas anaccordandsatisfactionwithout the priorwritten approval
of oneof ourSeniorOfflcars.
State Zip
Weprocessmostpaymentcheckselectronicallyby usingthe Informationfoundonyou,
check.Eachcheckauthorizesusto createa one-timeelectronicfundstransfer(orprocess
Area Code &
It as a checkor paperdrafty Fundsmay bewithdrawnfran youraccountassoonas the
)tame Phone
sameday we receiveyourpaymentChecksarenot returnedto you.Formore information
or to stop the electronicfundsuansfers.callus at the numberlistedon the front
Area Code &
II youhaveauthor(zedus to payyour creditcardbill automaticallyfrom yoursavingsor
Work Phone
checkingaccountwith us,youcan stop the paymenton any amountyouthink Iswrong.To
stoppayment.yourletter must reachusat leastthreebusinessdaysbeforethe automatic
paymencIs scheduledto occur,
payment occur.
5 of 7
FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018
STEPHANIEL SMITH I Account 1085 I December 22 - January 21. 2018
Transactions
TransactionPosting Reference Account
Date Date Description Number Number Arnount Total
InterestCharged
01/21 01/21 INTERESTCHARGED'ONPURCHASES 36.04
01/21 01/21 INTEREST.CHARGEDON BALANCE TRANSFERS 20.92
01/21 01/21 INTERESTCHARGEDON DIR DEP&CHKCASHADV 0.00
01/21 01/21 INTERESTCHARGEDON BANKCASH ADVANCES 0.00
TOTAL INTEREST CHARGED FOR THIS PERIOD $56.96
Totalfees charged in 2018 $0.00
Totalinterestcharged In 2018 $56.96
Interest Charge Calculation
Your AnnualPercentageRate (APR) Is the annual interest rate on your account
Type of Annual Prornotional Promotional Promotional Balance Interest
Balance Percentage Transaction OfferID Rate End Subjectto Charges by
Rate Type Date Interest Transaction
Rate Type
Purchases .10.49%V
0.492abv 5 4.044.88 5 36.04
Balance Transfers 10.49%V 5 2.348.43 5 20.92
DirectDepositand Check Cash 17.24%V 5 0.00 5 0.00
Advances
Bank Cash Advances 20.49%V 5 0.00 5 0.00
Daily Interest Rate Type: V- Variable Rate (rate may vary)
APRType Definitions
Important Messages
You' your payment due
a valued customer and we want you toknow thatwe haven't receivedyour currentpayment due. Pleasesend
you'
today.If you'vealreadymalled thank
lt, you.
Your statement balanceexceeds the TotalCredit Line.To ensure uninterrupteduse ofyour account,please make a payment to bring.your
balance:underthe TotalCredit I..Ine. There for
Is no fee beingover your TotalCreditUne.
When thisstatement was created.the account'sCreditUne was In a restricted
statusand not for
available use.
Page3 of 4
6 of 7
FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010
.
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018
STEPHANIEL SMITH | Account n 1085 IDecember 22 - January 21. 2018
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Don tmiss important account notifications-keep your contact information updated
It's quick and easy to keep your phone
number, emailand mailingaddressup to date. Just sign in to Online
Banking and go
You'
to Profile& Settings or use the MobileBanking app'.You'll help make sure you receive
all of your notices
and help stay
on top of your account.
~ ~ ~ ~ ~ ~ ~ 8 . ' ~
'Mobie BanMng beselectrnobtledevicesMessage
requirestha youcownloadthe MobDeBankingapoandis œly available ard dataratesmayapply.
02018 BardofAmencaCorporation 555410 17-0114.B AR735YWV
Additional Information
Need todispute For the
a transaction? fastest dispute please
resolution. contactthe merchant. If unsuccessful,
simplyfilea disputeonline
Services· transaction.
www.bankofamerica.com. Selectyour creditcard account.click
the 'Information& Sewlces
Services taband then selectthe "Disputea transaction
under the Services section.
Page4 of
Pago4oi 4
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Preview
FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010 . NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018 SUPREME.COURT OFTHESTATE0FNEWYORK CONSUMERCREDITTRANSACTION COUNTY'ÔFMONROE -------------------------------------------------X SUMMONS Bank of America, N.A. Plaintiff, COURT INDEX#: MJRF#: 01724649 -Against- STEPHANIE L SMITH Plaintiff's Address: 655 PAPERMILL ROAD Defendant(s) NEWARK,DE 19711 -------------------------------------------------X Defendant's Address: 111 RIDGEMAR RD ROCHESTER,NY 14615 The basis of the venue is: DEFENDANT RESIDES IN THE COUNTY TO THE ABOVE NAMED DEFENDANT(S): YOU AREHEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on Plaintiff's Attorneys within the time provided by law as noted below. Dated: July 24, 2018 MAS A/DREDGER,JR. MULL00LY,/JEFFREY.R00NEY 5 FLYNN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 P.0.BOX 9036 Syosset,NY 11791-9036 (516)656-5300 NOTE:The law provides that: (a)If this summons is served by its delivery to you personally within the State of New York you must appear and answer within TWENTY days after such service; or (b)If this summons is served by delivery to any person other than you personally,or is served outside the State of New York or by publication,or by any means other than personal delivery to you within the State of New York, you are allowed THIRTY days after service is complete to answer. 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. (F I AS ) 4124TK 1 of 7 FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018 SUPREME COURT OFTHESTATE OF NEWYORK COUNTY OFMONROE ---------------------------------------------X Bank of America, N.A. v. INDEX#: STEPHANIE L SMITH MJRF#: 01724649 --------- ------------------------------ ------X COMPLAINT Plaintiff,.Bank of America,N.A.,through its attorneys upon information and belief,claims as follows: 1. That the defendant(s) resides in the county in which this action is brought;or that the defendant(s) transacted business within the county in which this action is brought in person or through his agent and that the instant cause of action arose out of the said transaction. 2. Plaintiff is a national banking association organized and existing under the laws of the United States of America. 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" use of the Account with Plaintiff. agreement("Agreement") governing . 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 $6,422.77, 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 of the last periodic statement copy 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: the sum of $6,422.77,together with costs .and and disbursements. Resp c ully submitted. Dated: July 24, 2018 pMAS A REDGER,JR. 0LLOOLY,JEFFREY,R00NEY & FLYNN LLP Attorneys for Plaintiff 6851 Jericho Tpke,Suite 220 Syosset, NY 11791-9036 (516)656·5300 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. (F)AS) 2 of 7 FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018 3 of 7 FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018 Customer ServiceInforrnation: Rowards- BattkAngericard | cash Bank of Amenca F www.bankofamerica.com t800ouno TTY: L800.346.31.78 Visa Signaturee .Mail Mail Mall inquiries billing to: Bank of America P.O. Box982234 El Paso TX 79998-2234 Mall payment to: Bank of America P.O.Box 15019 STEPHANIE L SMITH 111 RIDGEMAR RD wilmingtonDE 19886-5019 ROCHESTER NY 14815-2025 Account Summary Payment Information ~ - 21, 2018 December 22 -January Accounts 1085 Previous Balance $6.365.81 New Balance Total $6.422.77 Payments and Other Credits $0.00 Current Payment Due $120.00 Purchases and Adjustments $0.00 Past Due Amount $1.048.00 Fees Charged $0.00 Interest Charged $56.96 TotalMinimum Payment Due $1.168.00 Payment Due Date 02/18/2018 New II C Total Balance crQICII I Viol $6.422.77 AID.4CC.Ir Late Payment J Waming: e If wedo not receive4 your fvv Total vv Minimum Payment by the date listed above, you may have to fee pay a late ofup to TotalCredit One $6.000.00 $38.00 and your Increased APRs may be up tothe PenaltyAPR of 29.99%. TotalCredit Available $0.00 Total Minimum Payment Waming: If you Total Minimum make only the Cash CreditLine $1.800.00 Payment each will period,you pay more in Interest and It will takeyou Portionof CreditAvailable longerto pay offyour balance.For example: forCash $0.00 the-" . If you make no additiorial ou will:payoff the . And you willend up Statement Closing Date 01/21/2018 charges' ' an.estimated;,' charges using-this card balanceshown on this payingan estirnated Days In Billing Cycle 31 and,eachmonth'ydu .statement in affout- - otal.of 3. pay '.', Only theTotal 18 years $10.400.00 MinImum Payment Ifyou would likeInformation about credit counseling services,call 866.300.5238. ~ R 1, O 8 5 BANK OF AMERICA AccountNumber: 1086 P.O. BOX 15019 WILMINGTON DE 19886-5019 New Balance Total $6.422.77 Total MinimumPayment Due $1.168.00 Payment Due Date 02/18/2018 STEPHANIE L SMITH Enter payment amount ; 111 RIDGEMAR RD 5 ROCHESTER NY 14615-2025 Checkhere for a change of mailirg eodress or phone numbers Presseprovi® aff corrections on me takerse tdde. Mall this couponalong with your check payableto: Bank of Americe I ~ u U 4 of 7 FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018 STEPHANIEL SMITH | Account e 1085 I December 22 - January 21. 2018 - 000- 000- G IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAY1NG INTEREST - We will not charge interest on Purchaseson the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE statement Average Daily Balance Method (including new Purchases)-We calculate If you pay the New Balance Total in full by the Payment Due Date. and you had paid in full by the previous Payment Due Date. We will begin Rate for Purchasesand for each separate Balances Subject to an Interest charging (merest 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 Chargesaccrue 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. we- multiply each Balance Subject to Interest To calculate the daily balance for each day in this statement's Rate by its applicable Daily Periodic billing cycle. we: by the number of days In the billing cycle. To Rate and that result is multiplied (1) take the beginning balance: (2) add an amount equal to the applicable Daily Periodic Rate multiplied determine the total Interest Charge for the billing cycle, we add the Periodic by the previous day's daily balance: (3) add new Rate (merest 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. If any daily balance is less than zero we treat applicable payments and credits HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero. posted balances If your account has balances with different APRs.we wilt 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 APRbalances first (including transactions made after this Balance TransfersLCash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or CashAdvances We do this by statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRsbefore 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 balance®- that had a *Pre-Cycle balance using the optional Pay-by-Phoneservice. you authorize us to inItlate an a Pre-Cycle balance is a Balance Transfer or a electronic payment from your account at the financial institutionCashAdvance with a transaction date prior to this statement's billing cycle but you designate. 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 Informatfort balances together: and (4) dividing the sum of the daily balances by the number A fee may apply for expedited service. To cancel. call us before the scheduled rpayment J"''"date. ' " Same-day I of days r in this statement's 'D cycle. billing 1 payments cannot be edited or canceled. To calculate the daily balance for each day in this statement's billing cycle. we- we: YOUR CREDIT LINES -The Total Credit Line is the amount of credit(1) take the beginning balance: (2) add an amount equal to the applicable Daily Periodic Rate multiplied available for the account: however, only a pardon of that is available for Bank by the previous day's daily balance: (3) add new Balance Transfers, new Cash Advances and Transaction Fees: and (4) subtract Cash Advances The Cash Credit Une Is that amount you have available for applicable payments and credits. If any daily balance is less than zero we treat Bank Cash Advances Generally. Bank Cash Advances consist of ATM Cash it as zero. Advances. Over the Counter (OTC) Cash Advances. Same-Day Online Cash To calculate a daily balance for each day prior to this statement's billing cycle Advances. Overdraft Protection Cash Advances, Cash Equivalents. and applicable transaction fees that had a Pre-Cycle balance: (1) we take the beginning balance attributable MISCELLANEOUS - Promodonal Rate End Date. This date Is based on a solely to Pre-Cycle balance (which will be zero on the transaction date of the first Pre-Cycle balance): (2) add an amount equal to the applicable Daily future statement closing date. If you change your payment due date, this date Perfodic Rate mulupiled by the previous day's daily balance:.(3) could change. The New Balance Total which appears on this statement is not a (3) and add only the applicable Pre-Cycle balances and their related Transaction Fees. We payoff amount and may be subject to additional Interest charges when you pay exclude from this calculation all transactions posted in previous billing cycles in full after your statement closing date. Please contact the customer service number located on the front of this statement for a pay-off amount Virtual For the complete terms and conditions of your account. consult your Credit cards are the digital form of your eligible physical credit cards stored within a digital wallet Card AgreementThis account is issued and administered by FIA Card Services. FIA Card Services is a registered trademark of FIA Card Services and/or its afffilates PAYMENTS - Wecreditmailedpaymentsasof the date received.If the paymentis: If your billing address or contact infomation has changed, or If your address is (l) receivedby 5 gun.localtime at the addressshownon the remittanceportionof your incorrect as it appears on this bill, please provide all corrections here. financial monthly statement:(2) paidwith a checkdrawnin U.S.dollarson a U.i or a U.S.dollar moneyorder:and(3) sentin the returnenvelopewith only the Address 1 remittancepardonof yourstatementaccompanyingIt Paymentsreceivedby manafter 5 pm localtime at theremittanceaddresson anydayindudirig the PaymentDueDate,but that otherwisemeet the aboverequirements,will becreditedasof the nert day.Payments Address 2 madeonlineor by phonewill becreditedasof the dateof receiptif madeby 5 pm Central.Creditfor anyother paymentsmay bedelayedup to five days Cashpayments madewith our tellersor ATMwith TellerAssist(ATA)will only beacceptedwith a valid identification(lDL l'fty Nopaymentshalloperateas anaccordandsatisfactionwithout the priorwritten approval of oneof ourSeniorOfflcars. State Zip Weprocessmostpaymentcheckselectronicallyby usingthe Informationfoundonyou, check.Eachcheckauthorizesusto createa one-timeelectronicfundstransfer(orprocess Area Code & It as a checkor paperdrafty Fundsmay bewithdrawnfran youraccountassoonas the )tame Phone sameday we receiveyourpaymentChecksarenot returnedto you.Formore information or to stop the electronicfundsuansfers.callus at the numberlistedon the front Area Code & II youhaveauthor(zedus to payyour creditcardbill automaticallyfrom yoursavingsor Work Phone checkingaccountwith us,youcan stop the paymenton any amountyouthink Iswrong.To stoppayment.yourletter must reachusat leastthreebusinessdaysbeforethe automatic paymencIs scheduledto occur, payment occur. 5 of 7 FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018 STEPHANIEL SMITH I Account 1085 I December 22 - January 21. 2018 Transactions TransactionPosting Reference Account Date Date Description Number Number Arnount Total InterestCharged 01/21 01/21 INTERESTCHARGED'ONPURCHASES 36.04 01/21 01/21 INTEREST.CHARGEDON BALANCE TRANSFERS 20.92 01/21 01/21 INTERESTCHARGEDON DIR DEP&CHKCASHADV 0.00 01/21 01/21 INTERESTCHARGEDON BANKCASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $56.96 Totalfees charged in 2018 $0.00 Totalinterestcharged In 2018 $56.96 Interest Charge Calculation Your AnnualPercentageRate (APR) Is the annual interest rate on your account Type of Annual Prornotional Promotional Promotional Balance Interest Balance Percentage Transaction OfferID Rate End Subjectto Charges by Rate Type Date Interest Transaction Rate Type Purchases .10.49%V 0.492abv 5 4.044.88 5 36.04 Balance Transfers 10.49%V 5 2.348.43 5 20.92 DirectDepositand Check Cash 17.24%V 5 0.00 5 0.00 Advances Bank Cash Advances 20.49%V 5 0.00 5 0.00 Daily Interest Rate Type: V- Variable Rate (rate may vary) APRType Definitions Important Messages You' your payment due a valued customer and we want you toknow thatwe haven't receivedyour currentpayment due. Pleasesend you' today.If you'vealreadymalled thank lt, you. Your statement balanceexceeds the TotalCredit Line.To ensure uninterrupteduse ofyour account,please make a payment to bring.your balance:underthe TotalCredit I..Ine. There for Is no fee beingover your TotalCreditUne. When thisstatement was created.the account'sCreditUne was In a restricted statusand not for available use. Page3 of 4 6 of 7 FILED: MONROE COUNTY CLERK 07/31/2018 03:29 PM INDEX NO. E2018006010 . NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/31/2018 STEPHANIEL SMITH | Account n 1085 IDecember 22 - January 21. 2018 'You'r,',Rewa'rd' ~-''-;-' -"-"'t"" You ReWard I ".,'; 2PG .'..:,",,;.'- '. - '--"- - '--".-.;J 4 -:1': . "4-"'-"... Summary '..;."'.; -=.den ', .— .00-y BASE EARNED .THIS THIS MONTH - j'-;:.-.'»:"."- r-'.:- Y"-'."..'-;,, -.;,.; .. , -.'-;,-,:,,-;:,; «k- '. . se Make the most of your =:, . .' $°°W4ISTAL AVAILABI..E '-".'='-,.-- '';L'.i"' ';,"',,'.. . . ,; .. „'":;,.'.„: reward program today. j» '-.' VISIT BANKOEAMERICA COM -..~.;.'0II.!LITE:~. -,~,,"'-.'., a;1!.-BI t -»I,'~~M-,-...",.': . -j„- '.--'.'..",;)5'f'-.~:2582 "kr'.'.",.y".'.--'M ',-; r 1 s k N c ) r M 0 a t t NY Y r u Don tmiss important account notifications-keep your contact information updated It's quick and easy to keep your phone number, emailand mailingaddressup to date. Just sign in to Online Banking and go You' to Profile& Settings or use the MobileBanking app'.You'll help make sure you receive all of your notices and help stay on top of your account. ~ ~ ~ ~ ~ ~ ~ 8 . ' ~ 'Mobie BanMng beselectrnobtledevicesMessage requirestha youcownloadthe MobDeBankingapoandis œly available ard dataratesmayapply. 02018 BardofAmencaCorporation 555410 17-0114.B AR735YWV Additional Information Need todispute For the a transaction? fastest dispute please resolution. contactthe merchant. If unsuccessful, simplyfilea disputeonline Services· transaction. www.bankofamerica.com. Selectyour creditcard account.click the 'Information& Sewlces Services taband then selectthe "Disputea transaction under the Services section. Page4 of Pago4oi 4 7 of 7