Preview
FILED: YATES COUNTY CLERK 09/28/2021 11:55 AM INDEX NO. 2020-5207
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/28/2021
SUPREME COURT
COUNTY OF YATES STATE OF NEW YORK
AMERICAN EXPRESS NATIONAL BANK
Plaintiff,
Index No. 2020-5207
vs.
AFFIDAVIT OF MILITARY
SUSAN KNEPPLE, INVESTIGATION
Defendant.
THE UNDERSIGNED, hereby affirms the following to be true under penalties of perjury,
pursuant to the Servicemembers Civil Relief Act:
1. I am an attorney at law, licensed to practice in the State of New York.
2. I am over the age of 18 and I reside in the State of New York. I am an employee of
the law firm of ZWICKER &ASSOCIATES, P.C., 100 CORPORATE WOODS,
ROCHESTER, NY 14623, attorneys for the Plaintiff.
3. I believe that the Defendant, SUSAN KNEPPLE, is not currently in the military
service, based on the results of a query to the Department of Defense Manpower Data
Center, by the Rochester, NY, office of Zwicker & Associates, P.C., using
Defêñdañt's name and date of birth or social security number as reflected in
Plaintiff's records. A copy of the results of that query is attached hereto.
DATED: 0 ppf
[ ] J ON .V RÎIAGEN, ESQ.
[ ] L T. POWELL, ESQ.
[ ] JOSEPH JAKAS, ESQ.
[ ] ELIZABETH CLARKE, ESQ.
{4] JOSEPH M. JACKLING, ESQ.
[ ] STEPHANIE MAIDA, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
100 CORPORATE WOODS, SUITE 230
ROCHESTER, NY 14623
(585)427-0482
1 of 3
FILED: YATES COUNTY CLERK 09/28/2021 11:55 AM INDEX NO. 2020-5207
Resultsasof : Sep-27-2021
10:08:35AM
Department
NYSCEF DOC. of
NO. Defense
11 Manpower Data Center RECEIVED NYSCEF: 09/28/2021
SCRAS.9
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: KNEPPLE
First Name: SUSAN
Middle Name:
Status As Of: Sep-27-2021
Certificate ID: 2X2LYS9DBN9NN4C
D
OnActiveDutyOnActiveDuty2b:
ActiveDuty StartDate ActiveDutyEndDate Status ServiceComponent
NA NÂ o NA
Thisresponsereflectsthe individuals'activeduty statusbasedontheActliveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDuty StartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectswheretheinéis/dualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
TheMemberor His/HerUnitWasNotifiedof a FutureCall-Upto ActiveDutyonActiveDutyStatusDate
OnferNotificationStartDate ' OrderNatificationEndDate Status ServiceComponent
'
NA NA 1. No NA
ThisresponsereflectswhethertheIndMdualor his/herunithasreceivedearlynotificationto reportfor activeduty
Upon searching the databanks of theDug.L..u;.iof DefenseManpower Data Center based on the |ñfGimêtiGñ
thatyou the above
provided, of
is the status
the individue!
on the active statusdate as to all branches
of theUñ!fnr=M Services(Army,Navy, Marine Corps,AirForce, NOAA, PublicHealth,and
duty
Coast Guard). This Statusincludes!ñformat!ce
on a Servicemember or his/her
unitreceivingact!Ecêtic::
of future
orders for Active
to report Duty.
Michael Director
V. SorrentO,
Department of DefenSe - Menpower Data Center
400 GiglingRd.
Seaside, CA 93955
2 of 3
FILED: YATES COUNTY CLERK 09/28/2021 11:55 AM INDEX NO. 2020-5207
The Defense Msñpcwsr Data Center (DMDC) is an orgen!zation
of theDepartment of Defense(DoD) thatme!nte!netheDefense Enrollmentand 09/28/2021
Eligibility
NYSCEF DOC. NO. 11 RECEIVED NYSCEF:
Reporting System (DEERS) databass which isthe source
official of dataon medical
for military
eligibility careand other systems.
eligibility
The DoD stronglysupportsthe enforcementof the Gêrvicemembere Civil
ReliefAct(50 USC App. § 3901 as amended)
et seq, (SCRA) (formerlyknown as
Soldiers' Sailors'
the and Civil Act
Relief of 1940).
DMDC has issuedhüñdrads of thousandsof "doesnot possessany !ñfermat± that the
indicating
duty"
is currently
individual on active responses,and has experiencedonly a small
errorrate.In the event
theindividue!
referencedabove, or any family
member, or
friend, representativeassertsin anymanner thatthe indMdual was on activedutyfor the active
duty statusdate,or is atherwise to the
entitled
protectionsof theSCRA, you arestronglyw é ±ged to obtain
furtherverification
of the
person's status that
by contacting person'sService.Servicecontact
!ñformstôñ can be found on theSCRA website'sFAQ page (Q35)via this
URL: hiipw//-.;ra.dmde.osd.m!!!screHilfeqs
If youhave evidencethe person
was on activedutyfor theactivedutystatusdate and you fail to obtain
thisadditicna:
Service punitive
verification, predE!éñE of the SCRA may be invoked
againstyou. See 50 USC App. § 3921(c).
Thisresponse reflectsthe fü||üvviñÿ
infoestGñ: (1) Theindividue!'s
ActiveDutystatuson the ActiveDutyStatus Date(2) Whether left Active
the individue!
status days the Active StatusDate - --- to report
Duty within367 preceding Duty (3) Whetherthe individual
or his/her
unit received
earlyr for active
dutyon the ActiveDuty StatusDate.
Status"
More information on "Active Duty
Activeduty statusas reported is defined
in this certiliumie in accGidâñcswith10 USC § 101(d)(1).Priorto 2010only some of the active
duty periodsless
than 30 ceñsecutivadays in length
were available.In the case
of a member of theNationalGuard,thisincludesserviceundera calltoactiveservice
authorizedby thePresident or the Secretary
of Defenseunder32 USC § 502(f)for purposes
of respoñd!ñgto a national
Gmspy declared by the
Pissidentand supported by Federalfunds. All
Active Guard Reserve (AGR) members must be assigned against
an authorizedme'..!½iienpositionin the
unit they
support. ThisincludesNavy and
Training ^.dm!ñ!±iion Reserves
of the (TARs), Marine Corps ActiveReserve (ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active who reme!=
Duty status
alsoappliesto a UnifGrmedServicemember is an active
duty ñ÷d officer
of theU.S.
PublicHealthService or the National
Oceanic and AtmosphericAdm!n!stration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under theSCRA is broader
in some cases andincludessome catâgariesof personson activedutyfor pmpacae of the SCRA who would not be
reportedas on ActiveDuty under this
certificate.
SCRA are
protections forTitle
10 and Title
14 activedutyrecordsforalltheUniformed Servicesperiods.
Title
32 periodsof ActiveDuty arenot coveredby SCRA, as definedin eccerdencewith10 USC § 101(d)(1).
Many timesorders areamended to extendthe period
of active which
duty, would extend SCRA Persons
prefections. seekingto rely on this website
certificaticñ
should check to makesure the orders
on which SCRA pretect!ee arebased have not been smsñded to extendthe inclusive
dates of service.
Fürthermare,some proted!Gñs of the SCRAmay extendto personswho have receivedordersto report
for active
duty but who
or to be inducted, have not
actuallybegun activedutyor reported
actually forinducticii.
The LastDate on ActiveDuty entryisimpsitâñtbecause anumber ofprotectionsoftheSCRA
extend beyond the dates
last of active
duty.
Those who couldrelyon this certificate
areurged to seekqualified
legalcounselto ensurethat gue-entaed
all rights to Servicem:=h=2 under the SCRA
are protected
WARNING: Thiscêruficatswas provided based on a last name,
SSN/date of birth,
and activedutystatusdate providedby therequester. Providing
erroneous informationwill cause
an Gricascuscertificate
to be provided.
3 of 3
Preview
FILED: YATES COUNTY CLERK 09/28/2021 11:55 AM INDEX NO. 2020-5207 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 09/28/2021 SUPREME COURT COUNTY OF YATES STATE OF NEW YORK AMERICAN EXPRESS NATIONAL BANK Plaintiff, Index No. 2020-5207 vs. AFFIDAVIT OF MILITARY SUSAN KNEPPLE, INVESTIGATION Defendant. THE UNDERSIGNED, hereby affirms the following to be true under penalties of perjury, pursuant to the Servicemembers Civil Relief Act: 1. I am an attorney at law, licensed to practice in the State of New York. 2. I am over the age of 18 and I reside in the State of New York. I am an employee of the law firm of ZWICKER &ASSOCIATES, P.C., 100 CORPORATE WOODS, ROCHESTER, NY 14623, attorneys for the Plaintiff. 3. I believe that the Defendant, SUSAN KNEPPLE, is not currently in the military service, based on the results of a query to the Department of Defense Manpower Data Center, by the Rochester, NY, office of Zwicker & Associates, P.C., using Defêñdañt's name and date of birth or social security number as reflected in Plaintiff's records. A copy of the results of that query is attached hereto. DATED: 0 ppf [ ] J ON .V RÎIAGEN, ESQ. [ ] L T. POWELL, ESQ. [ ] JOSEPH JAKAS, ESQ. [ ] ELIZABETH CLARKE, ESQ. {4] JOSEPH M. JACKLING, ESQ. [ ] STEPHANIE MAIDA, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 100 CORPORATE WOODS, SUITE 230 ROCHESTER, NY 14623 (585)427-0482 1 of 3 FILED: YATES COUNTY CLERK 09/28/2021 11:55 AM INDEX NO. 2020-5207 Resultsasof : Sep-27-2021 10:08:35AM Department NYSCEF DOC. of NO. Defense 11 Manpower Data Center RECEIVED NYSCEF: 09/28/2021 SCRAS.9 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX Birth Date: Last Name: KNEPPLE First Name: SUSAN Middle Name: Status As Of: Sep-27-2021 Certificate ID: 2X2LYS9DBN9NN4C D OnActiveDutyOnActiveDuty2b: ActiveDuty StartDate ActiveDutyEndDate Status ServiceComponent NA NÂ o NA Thisresponsereflectsthe individuals'activeduty statusbasedontheActliveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDuty StartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectswheretheinéis/dualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate TheMemberor His/HerUnitWasNotifiedof a FutureCall-Upto ActiveDutyonActiveDutyStatusDate OnferNotificationStartDate ' OrderNatificationEndDate Status ServiceComponent ' NA NA 1. No NA ThisresponsereflectswhethertheIndMdualor his/herunithasreceivedearlynotificationto reportfor activeduty Upon searching the databanks of theDug.L..u;.iof DefenseManpower Data Center based on the |ñfGimêtiGñ thatyou the above provided, of is the status the individue! on the active statusdate as to all branches of theUñ!fnr=M Services(Army,Navy, Marine Corps,AirForce, NOAA, PublicHealth,and duty Coast Guard). This Statusincludes!ñformat!ce on a Servicemember or his/her unitreceivingact!Ecêtic:: of future orders for Active to report Duty. Michael Director V. SorrentO, Department of DefenSe - Menpower Data Center 400 GiglingRd. Seaside, CA 93955 2 of 3 FILED: YATES COUNTY CLERK 09/28/2021 11:55 AM INDEX NO. 2020-5207 The Defense Msñpcwsr Data Center (DMDC) is an orgen!zation of theDepartment of Defense(DoD) thatme!nte!netheDefense Enrollmentand 09/28/2021 Eligibility NYSCEF DOC. NO. 11 RECEIVED NYSCEF: Reporting System (DEERS) databass which isthe source official of dataon medical for military eligibility careand other systems. eligibility The DoD stronglysupportsthe enforcementof the Gêrvicemembere Civil ReliefAct(50 USC App. § 3901 as amended) et seq, (SCRA) (formerlyknown as Soldiers' Sailors' the and Civil Act Relief of 1940). DMDC has issuedhüñdrads of thousandsof "doesnot possessany !ñfermat± that the indicating duty" is currently individual on active responses,and has experiencedonly a small errorrate.In the event theindividue! referencedabove, or any family member, or friend, representativeassertsin anymanner thatthe indMdual was on activedutyfor the active duty statusdate,or is atherwise to the entitled protectionsof theSCRA, you arestronglyw é ±ged to obtain furtherverification of the person's status that by contacting person'sService.Servicecontact !ñformstôñ can be found on theSCRA website'sFAQ page (Q35)via this URL: hiipw//-.;ra.dmde.osd.m!!!screHilfeqs If youhave evidencethe person was on activedutyfor theactivedutystatusdate and you fail to obtain thisadditicna: Service punitive verification, predE!éñE of the SCRA may be invoked againstyou. See 50 USC App. § 3921(c). Thisresponse reflectsthe fü||üvviñÿ infoestGñ: (1) Theindividue!'s ActiveDutystatuson the ActiveDutyStatus Date(2) Whether left Active the individue! status days the Active StatusDate - --- to report Duty within367 preceding Duty (3) Whetherthe individual or his/her unit received earlyr for active dutyon the ActiveDuty StatusDate. Status" More information on "Active Duty Activeduty statusas reported is defined in this certiliumie in accGidâñcswith10 USC § 101(d)(1).Priorto 2010only some of the active duty periodsless than 30 ceñsecutivadays in length were available.In the case of a member of theNationalGuard,thisincludesserviceundera calltoactiveservice authorizedby thePresident or the Secretary of Defenseunder32 USC § 502(f)for purposes of respoñd!ñgto a national Gmspy declared by the Pissidentand supported by Federalfunds. All Active Guard Reserve (AGR) members must be assigned against an authorizedme'..!½iienpositionin the unit they support. ThisincludesNavy and Training ^.dm!ñ!±iion Reserves of the (TARs), Marine Corps ActiveReserve (ARs)and Coast Guard Reserve Program Administrator(RPAs). Active who reme!= Duty status alsoappliesto a UnifGrmedServicemember is an active duty ñ÷d officer of theU.S. PublicHealthService or the National Oceanic and AtmosphericAdm!n!stration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under theSCRA is broader in some cases andincludessome catâgariesof personson activedutyfor pmpacae of the SCRA who would not be reportedas on ActiveDuty under this certificate. SCRA are protections forTitle 10 and Title 14 activedutyrecordsforalltheUniformed Servicesperiods. Title 32 periodsof ActiveDuty arenot coveredby SCRA, as definedin eccerdencewith10 USC § 101(d)(1). Many timesorders areamended to extendthe period of active which duty, would extend SCRA Persons prefections. seekingto rely on this website certificaticñ should check to makesure the orders on which SCRA pretect!ee arebased have not been smsñded to extendthe inclusive dates of service. Fürthermare,some proted!Gñs of the SCRAmay extendto personswho have receivedordersto report for active duty but who or to be inducted, have not actuallybegun activedutyor reported actually forinducticii. The LastDate on ActiveDuty entryisimpsitâñtbecause anumber ofprotectionsoftheSCRA extend beyond the dates last of active duty. Those who couldrelyon this certificate areurged to seekqualified legalcounselto ensurethat gue-entaed all rights to Servicem:=h=2 under the SCRA are protected WARNING: Thiscêruficatswas provided based on a last name, SSN/date of birth, and activedutystatusdate providedby therequester. Providing erroneous informationwill cause an Gricascuscertificate to be provided. 3 of 3