On June 21, 2021 a
Party Statement
was filed
involving a dispute between
Capital One Bank,
and
Frederick J Mcmanus,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Lewis County.
Preview
FILED: LEWIS COUNTY CLERK 09/24/2021 09:31 AM INDEX NO. EFCA2021-000208
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/24/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LEWIS
---------------------------------------X
CAPITAL ONE BANK (USA) , N.A.
Plaintiff, INDEX NO: EFCA2021-OO0208
FILE NO: 0808B 392747
-against- AFFIDAVIT OF
INVESTIGATOR
FREDERICK J MCMANUS NON-MILITARY STATUS
Defendant(s) .
---------------------------------------X
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned being duly sworn, deposes and says: That
your deponent is not a party to this action, is over the age of
eighteen of years, and is employed by Malen & Associates, P.C., 123
Frost Street, Westbury, NY 11590.
Plaintiff is seeking to enter a judgiüént against the following
defendant(s) hereinafter known as "the Defendant(s)":
........................._
FREDERICK d MCMANUS
. . ..... .........
.
I have been requested by Malen & Associates, P.C., attorneys
for Plaintiff to swear as to my own personal knowledge whether or not
the Defendant(s) are in military service pursuant to United States
Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A.
App. Secs. 501 et seq and the New York State Military Law, Article XIII,
Soldiers and Sailors Civil Relief Act, Sections 300 to 327.
I communicated with the Department of Defense, Defense
Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington,
VA 22209 wherein I provided them with the Defendant(s) name(s) , date(s)
of birth or social security number(s) which we know is accurate because
the information is contained in Plaintiff's file. In response to my
inquiry it was confirmed on 08/31/21 th he Defendant(s) were not in
any branch of the military service.
From the facts above set forth, I co vinced that the
Defendant(s) are not in any branch of th m- litary service at the
presenL Lime.
tephhai Philp
Sworn to before m on
af f inonmilstephani 09/01/21
ADAM HUGHES NOTARY
Notary Public,State of New YOrk
NO. 01HU6079858
Qudiñed in Nassaa COunty
1 of 2
FILED: LEWIS COUNTY CLERK 09/24/2021 09:31 AM INDEX NO. EFCA2021-000208
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/24/2021
Results
asof; Aug-3t.2021
08-52:54
AM
Department of Defense Manpower Data Center
SCRA59
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9653
Birth Date:
Last Name: MCMANUS
FirstName: FREDERICK
Middle Name: J
Status As Of: Aug-31-2021
Certificate ID: 9NFFD7DMXYNB85L
OnActiveDutyOnActiveDutyStatusDate
. . .. ..
ActiveDutyStartDete , T.2Date Status Service
Companent
NA NA No NA
Thsresporise theindividuals'
reRects activedutystatusbasedontheActiveDutyStatusDate
LeftAckveDutyWithm
387DaysofActusDutyStatusDate
ActNeDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse
reflects actwedutystatuswithm367d--
whet9theindividual
1911 r- theAchveDutyStalusDate
TheMember
atHis/Her
UmtWasNotrfied
ofaFuture toActwoDutyonActiveDutyStatusDale
Cell-Up
OrderNohrication
StartDale OrderNob&cation
EridDale Status SomceCornponent
NA NA No NA
Thisresponse
rollecIs
whether1he
ridWKlUol
ofhis/her
unithc -r:rd toreportloractiveduty
milyriotillcation
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the |:?:r.-"::
that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Iinifnrmari Services (Army, Navy, Marine Corps, Air Force. NOAA, Public Health, and
Coast Guard). This status includes ir-intm-i
on a Oc-ticemember or his/her unit receiving netmeetion of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
File #: 392747
2 of 2
Document Filed Date
September 24, 2021
Case Filing Date
June 21, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: LEWIS COUNTY CLERK 09/24/2021 09:31 AM INDEX NO. EFCA2021-000208 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/24/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LEWIS ---------------------------------------X CAPITAL ONE BANK (USA) , N.A. Plaintiff, INDEX NO: EFCA2021-OO0208 FILE NO: 0808B 392747 -against- AFFIDAVIT OF INVESTIGATOR FREDERICK J MCMANUS NON-MILITARY STATUS Defendant(s) . ---------------------------------------X STATE OF NEW YORK, COUNTY OF NASSAU The undersigned being duly sworn, deposes and says: That your deponent is not a party to this action, is over the age of eighteen of years, and is employed by Malen & Associates, P.C., 123 Frost Street, Westbury, NY 11590. Plaintiff is seeking to enter a judgiüént against the following defendant(s) hereinafter known as "the Defendant(s)": ........................._ FREDERICK d MCMANUS . . ..... ......... . I have been requested by Malen & Associates, P.C., attorneys for Plaintiff to swear as to my own personal knowledge whether or not the Defendant(s) are in military service pursuant to United States Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act, Sections 300 to 327. I communicated with the Department of Defense, Defense Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209 wherein I provided them with the Defendant(s) name(s) , date(s) of birth or social security number(s) which we know is accurate because the information is contained in Plaintiff's file. In response to my inquiry it was confirmed on 08/31/21 th he Defendant(s) were not in any branch of the military service. From the facts above set forth, I co vinced that the Defendant(s) are not in any branch of th m- litary service at the presenL Lime. tephhai Philp Sworn to before m on af f inonmilstephani 09/01/21 ADAM HUGHES NOTARY Notary Public,State of New YOrk NO. 01HU6079858 Qudiñed in Nassaa COunty 1 of 2 FILED: LEWIS COUNTY CLERK 09/24/2021 09:31 AM INDEX NO. EFCA2021-000208 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/24/2021 Results asof; Aug-3t.2021 08-52:54 AM Department of Defense Manpower Data Center SCRA59 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9653 Birth Date: Last Name: MCMANUS FirstName: FREDERICK Middle Name: J Status As Of: Aug-31-2021 Certificate ID: 9NFFD7DMXYNB85L OnActiveDutyOnActiveDutyStatusDate . . .. .. ActiveDutyStartDete , T.2Date Status Service Companent NA NA No NA Thsresporise theindividuals' reRects activedutystatusbasedontheActiveDutyStatusDate LeftAckveDutyWithm 387DaysofActusDutyStatusDate ActNeDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse reflects actwedutystatuswithm367d-- whet9theindividual 1911 r- theAchveDutyStalusDate TheMember atHis/Her UmtWasNotrfied ofaFuture toActwoDutyonActiveDutyStatusDale Cell-Up OrderNohrication StartDale OrderNob&cation EridDale Status SomceCornponent NA NA No NA Thisresponse rollecIs whether1he ridWKlUol ofhis/her unithc -r:rd toreportloractiveduty milyriotillcation Upon searching the data banks of the Department of Defense Manpower Data Center, based on the |:?:r.-":: that you provided, the above is the status of the individual on the active duty status date as to all branches of the Iinifnrmari Services (Army, Navy, Marine Corps, Air Force. NOAA, Public Health, and Coast Guard). This status includes ir-intm-i on a Oc-ticemember or his/her unit receiving netmeetion of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 File #: 392747 2 of 2