On November 15, 2013 a
Party Statement
was filed
involving a dispute between
Slm Education Credit Finance Corporation,
and
Carlin T Seneca,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 02/19/2014 09:03 AM INDEX NO. EK12013001579
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/29/2022
SUPREME COURT OF THE STATE W EQE0 Index # 1579/13
COUNTY OF CHAUTAUQUA UGUA COUNTY 1764195
CLERMAccount#
--------------------------- ------- Our Ref# CT31764195
SLM EDUCATION CREDIT FINANCE3HEFEB 19 AM 9:03
CORPORATION
NON-MILITARY
Plaintiff , AFFIRMATION
-against- AND NON-EXPIRATION OF
STATUTE OF LIMITATIONS
AFFIRMATION
CARLIN T SENECA
Defendant.
____--------____________________________
JOEL D. LEIDERMAN an attorney duly admitted to practice in the
courts of this state, affirms the following to be true under penalties of
perjury:
1. I am associated with FORSTER & GARBUS LLP, the attorneys for
the plaintiff, and I am fully familiar with the facts set forth in this
affirmation based upon my personal knowledge or review of the file
maintained by our office with respect to this action.
2. This affirmation is made pursuant to the United Stated Soldiers
and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501
et. Seq. for the purpose of the entry of judgment against
CARLIN T SENECA
defendant(s) in the above entitled action
3. I provided the Department of Defense with the pertinent
information about the defendent(s), such as date(s) of birth and/or social
security number(s) which I know because that information was communicated
to our office at the time this account was referred to our office. I
requested that a military investigation be conducted.
4. Based upon the response I received from the Department
of Defense Manpower Data Center dated 01/30/14 I am convinced
that the defendant(s) is not on Active Duty Status in any branch of the
United States military.
5. The cause of action accrued in VA. The statute of limitations
for that state is 6 years. After making reasonable inquiry into this
account, I have reason to believe that the statute of limitations had
not expired at the time of the commencement of this lawsuit.
6. On information and belief the plaintiff herein is either an
original creditor or, if a debt buyer the purchase was made prior to 1/1/11.
Dated: Commack, New York
01/30/14
J D. LEIDERMAN
FO ster & Garbus LLP
60 Motor Parkway, Commack, NY 11725
(631) 393-9400 01/30/14
1 of 3
FILED: CHAUTAUQUA COUNTY CLERK 02/19/2014 09:03 AM INDEX NO. EK12013001579
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/29/2022
Resuns 0816:22M
as01Jan-30-2014
Department of Defense Manpower Data Center
SCRA3.0
Status Report
v Pursuant to Servicemernbers Civil Relief Act
Last Name: SENECA
First Name: CARLIN
Middle Name: T
Active Duty Status As Of: Jan-30-2014
OliAafiveQulyOnAmiveQutgSmiusDme
ActiveDuivStarlD918 A,divet0lyErniDate fistus Componam
serviGÆ
NA N9. NA
Thisresponse dulystatusbasedontheACyV6
eonve
retects1bejrldividuahi DuEStalusDate
LeftActtveDuty€n'rn 36700ysofAolive00tyStmusOate
AtaveOtly Biart0ete AClwaDu1y
EndDa18 Stala Schode
COMpanent
NA NA No NA
refectswherett4nindrwduar
Thereopense leothln
dutymatue
lehar;tive 367daysprecedirig
theActiveDutyS181u8
Dale
Ttleyereeor oteNtura CallUptoAsilvebuyen AckveQu1y
HiaoterUmtWeeNo111M page
StWQe
8teelDate
OrdetNotitcapor1 Oeder
N(illikeltÆn
EmiDate Statue GeNlDe
00tnponGCf
M NA
^Fhis
response whether
reflects theindnatium urdthasreceived
or|11skier torepor1
toractiveduly
early!16irlicmion
based dn the irrformation that you provided, the above is the status of
Upon searching the data banks of the Department of Defense Manpower DedaCents,
the individual on the active duty status date as to all branche9 Ofthe Uniformed Services jArmy, Navy, Manne Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
File #: CT31764195
2 of 3
FILED: CHAUTAUQUA COUNTY CLERK 02/19/2014 09:03 AM INDEX NO. EK12013001579
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/29/2022
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maIntains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
Sailors'
the Soldiers' and Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual Is currently on active duty" responses, and has experienced only a small error rate.
In the event the individual referenced above, or any family
member, friend, or representative asserts In any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further vertication
of the person's status by contacting that person's Service via the
"defenselink.mil" URL:
http'//www.defenselink-mil/faq/pis/PC09SLDR.html.
If you have evidence the person was on active duty for the active duty status
date and you fait to obtain this additional Service veritcation,
punitive provisions of the SCRA may be invoked against you.
See 50 USC App. § 521(c).
This response reflects the following Information:
(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
Status"
More information on "Active Duty
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1).
Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available.
In the case of a member of the National Guard, this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds.
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support.
This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs).
Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Comm ssioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate.
SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction.
The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester.
Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: 17197E21P075S10
File #: CT31764195
3 of 3
Document Filed Date
February 19, 2014
Case Filing Date
November 15, 2013
Category
Other Matters - Consumer Credit (Non-Card) Transaction
Status
Active-Post Judgment
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 02/19/2014 09:03 AM INDEX NO. EK12013001579 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/29/2022 SUPREME COURT OF THE STATE W EQE0 Index # 1579/13 COUNTY OF CHAUTAUQUA UGUA COUNTY 1764195 CLERMAccount# --------------------------- ------- Our Ref# CT31764195 SLM EDUCATION CREDIT FINANCE3HEFEB 19 AM 9:03 CORPORATION NON-MILITARY Plaintiff , AFFIRMATION -against- AND NON-EXPIRATION OF STATUTE OF LIMITATIONS AFFIRMATION CARLIN T SENECA Defendant. ____--------____________________________ JOEL D. LEIDERMAN an attorney duly admitted to practice in the courts of this state, affirms the following to be true under penalties of perjury: 1. I am associated with FORSTER & GARBUS LLP, the attorneys for the plaintiff, and I am fully familiar with the facts set forth in this affirmation based upon my personal knowledge or review of the file maintained by our office with respect to this action. 2. This affirmation is made pursuant to the United Stated Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et. Seq. for the purpose of the entry of judgment against CARLIN T SENECA defendant(s) in the above entitled action 3. I provided the Department of Defense with the pertinent information about the defendent(s), such as date(s) of birth and/or social security number(s) which I know because that information was communicated to our office at the time this account was referred to our office. I requested that a military investigation be conducted. 4. Based upon the response I received from the Department of Defense Manpower Data Center dated 01/30/14 I am convinced that the defendant(s) is not on Active Duty Status in any branch of the United States military. 5. The cause of action accrued in VA. The statute of limitations for that state is 6 years. After making reasonable inquiry into this account, I have reason to believe that the statute of limitations had not expired at the time of the commencement of this lawsuit. 6. On information and belief the plaintiff herein is either an original creditor or, if a debt buyer the purchase was made prior to 1/1/11. Dated: Commack, New York 01/30/14 J D. LEIDERMAN FO ster & Garbus LLP 60 Motor Parkway, Commack, NY 11725 (631) 393-9400 01/30/14 1 of 3 FILED: CHAUTAUQUA COUNTY CLERK 02/19/2014 09:03 AM INDEX NO. EK12013001579 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/29/2022 Resuns 0816:22M as01Jan-30-2014 Department of Defense Manpower Data Center SCRA3.0 Status Report v Pursuant to Servicemernbers Civil Relief Act Last Name: SENECA First Name: CARLIN Middle Name: T Active Duty Status As Of: Jan-30-2014 OliAafiveQulyOnAmiveQutgSmiusDme ActiveDuivStarlD918 A,divet0lyErniDate fistus Componam serviGÆ NA N9. NA Thisresponse dulystatusbasedontheACyV6 eonve retects1bejrldividuahi DuEStalusDate LeftActtveDuty€n'rn 36700ysofAolive00tyStmusOate AtaveOtly Biart0ete AClwaDu1y EndDa18 Stala Schode COMpanent NA NA No NA refectswherett4nindrwduar Thereopense leothln dutymatue lehar;tive 367daysprecedirig theActiveDutyS181u8 Dale Ttleyereeor oteNtura CallUptoAsilvebuyen AckveQu1y HiaoterUmtWeeNo111M page StWQe 8teelDate OrdetNotitcapor1 Oeder N(illikeltÆn EmiDate Statue GeNlDe 00tnponGCf M NA ^Fhis response whether reflects theindnatium urdthasreceived or|11skier torepor1 toractiveduly early!16irlicmion based dn the irrformation that you provided, the above is the status of Upon searching the data banks of the Department of Defense Manpower DedaCents, the individual on the active duty status date as to all branche9 Ofthe Uniformed Services jArmy, Navy, Manne Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 File #: CT31764195 2 of 3 FILED: CHAUTAUQUA COUNTY CLERK 02/19/2014 09:03 AM INDEX NO. EK12013001579 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 09/29/2022 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maIntains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as Sailors' the Soldiers' and Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual Is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts In any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further vertication of the person's status by contacting that person's Service via the "defenselink.mil" URL: http'//www.defenselink-mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fait to obtain this additional Service veritcation, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following Information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Comm ssioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 17197E21P075S10 File #: CT31764195 3 of 3