On September 07, 2021 a
Party Statement
was filed
involving a dispute between
Capital One Bank Na,
and
Jordan N Wilson,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Cayuga County.
Preview
FILED: CAYUGA COUNTY CLERK 12/15/2021 11:48 AM INDEX NO. E2021-0932
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/15/2021
N00000051183009 *000006177081*
000006177081
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1407350
COUNTY OF CAYUGA S 011 N
----------------------------------------
CAPITAL ONE BANK (USA), N.A.
Plaintiff
-against- NON-MILITARY
AFFIRMATION
JORDAN N WILSON
Index No. E2021-0932
Defendant(s)
----------------------------------------
The undersigned, an attorney admitted to practice in the State of
New York, associated with the attorneys for plaintiff, affirms the
following to be true under penalties of perjury:
1. This affirmation is made pursuant to the Servicemembers
Civil Relief Act in support of plaintiff's application to enter judgment
against defendant, JORDAN N WILSON
2. On 12/13/21 , an electronic request was made by this firm to a
website maintained by the Department of Defense Manpower Data Center
requesting the defendant's military status. The request included the said
defendant's social security number or date of birth. This information
was provided to plaintiff's attorney by the plaintiff.
3. The attached military status report was printed from the web-
site on the said date and indicates that the said defendant is not
currently on active duty.
Dated: December 13, 2021
Islandia, New York
_______________________
AARON DEACON
1 of 3
FILED: CAYUGA COUNTY CLERK 12/15/2021 11:48 AM INDEX NO. E2021-0932
NYSCEF DOC. NO. 6 RECEIVEDResults
NYSCEF: 12/15/2021
as of : Dec-13-2021
09:11:03AM
Department of Defense Mañpower Data Center
SCRA5.11
Status Repon
Pttrsuant to Servicememben Civil Relief Act
.....
SSN:
Birth Date:
Last Name: WILSON
First Name: JORDAN
Middle Name: N
Status As Of: Dec-13-2021
Certificate ID: D51LVTMOT545SPH
OnActiveDutyon ActiveDutystatusDate
ActiveOptyStartDate Activeputy EndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectsthe mdividuals'
activedutystatusbasedonthe ActiveOptyStatusDate
LeftActiveDutyWithin367Daysof ActiveDutyStatusDate
ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectswherethe individualleftactivedutystatuswithm367daysprecedingtheActiveDutyStatusDate
TheMornberor His/HerUnitWasNottfiedof a FutureCall-Upto Activeputyon ActiveputyStatuspate
OrderNottfication
start Date OrderNotstcation
EndDate $tatus $erviceComponent
NA NA No NA
Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty
Upon --.-|.:..athe data
banks of theDepai1nientof DefenseManpower Data Center,based on the :..f:..--.±‡::..
that youprovided,the aboveis the status
of
the;::ec!dü±!
on the active
duty status
date as to all branches
of theUn!fermad Services(Army,Navy, Marine Corps,Air Force,
NOAA, PublicHealth,and
..wi;"
Coast Guard). Thisstatusincludes| n on a Cs b or his/her
unit receiving at!ë of future
ordersto report
for Active
Duty.
MichaelV. Sorrento,Director
Depai1nioniof Defense- Manpower Data Center
400 GiglingRd.
Seaside,CA 93955
2 of 3
FILED: CAYUGA COUNTY CLERK 12/15/2021 11:48 AM INDEX NO. E2021-0932
NYSCEF
The
DOC.
Defense
NO.
Manpower
6
Data Center is an ciganizatice
of theDepartment of Defense that
RECEIVED
iiia|iiia;m
theDefense
NYSCEF:
Enrollment
12/15/2021
and
(DMDC) (DoD) E||gibi||ty
Repoding System (DEERS) driebase which istheofficial
source ofdataon for
eligibility medical
military care and other systems
eligibility
The DoD stronglysuppods the enforcementof theService--%rs Civil
Relief
Act (50 USC App. § 3901et seq,as an +ñJ.-J)
(SCRA) known
(formerly as
Soldiers' Sailors'
the and Civil
Relief
Act of 1940).
DMDC has issuedhundreds of thousandsof "doesnot possessany -ai;un that
indicating the
duty"
..J is currently
on active responses,and has p ed only a small
errorrate.In the event
the |iid|v|dwa|
referencedabove, or any family
member, friend,or representative
asseds in anymanner that the dea| was on active
duty for the active
dutystatusdate,or is otherwise
entitled
to the
prc±=ct!cns
of the SCRA, en. eüraged
you are strongly to obtainfudherv-i;i;cat|sn
of theperson'sstatus thatperson'sService.Servicecontact
by contacting
!ñferms.dencanbe found on the SCRA website'sFAQ page (Q35) viathisURL: https://scra.dmdc.osd.mil/scra/#/faqs.
If
you have evideilue
the person
"" -'
was on activedutyfor the active
dutystatusdate and you fail to obtain
this Service =i;w::, punitive
provisions
of theSCRA may be invoked
againstyou.See 50 USC App. § 3921(c).
Thisresponse reflects
the following
liifsiiiiat|sii:
(1) Theind!v!dua!'s
ActiveDuty status
on the Active
Duty StatusDate (2) Whetherthe ;::d e; left Active
statuswithin
367 days theActive StatusDate Whether theindividua|
or his/her
unitr::s|ved n - n torepod for active
Duty preced|ng Duty (3) early
dutyon the ActiveDutyStatusDate.
Status"
More information on "Active Duty
Activedutystatusas repoded in this cedificate
is defined
in = =::e with10 USC § 101(d) (1).Prior to 2010
only someof the active
dutyperiodsless
than 30 consecUt!ve
days in length
were available.In the case
of a member of theNational
Guard, thisincludesserviceundera call to active
service
authorizedby thePresidentor theSecretaryof Defenseunder32 USC § 502(f)for purpssesof respondingto a national
emergency declaredby the
Presidentand suppoitedby Federalfunds. All Active
Guard Reserve (AGR) members must be ass!gnedagainstan sutharizedmob|||zation
position
in the
unit they
suppod. This includesNavy Trainingand Adm!n!stration
of the
Reserves (TARs), MarineCorps ActiveReserve (ARs) and Coast Guard Reserve
Program Adm!n!ëm!= (RPAs). ActiveDuty status
alsoappliesto a Un|forined
Servicemember who is an active
dutycommissioned officer
of the
U.S.
PublicHealthService or the
NationalOceanic and Atmospheric Administration
(NOAA Comm!ss|cned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broaderin somecases and includessome oai-gsilesof personson activedutyfor purpos=sof the
SCRA who would not be
repoded as on ActiveDutyunder this
o-,i;i;oai-.
SCRA protecticils
are for
Title10 andTitle14 active
duty recordsforall
the ¹_¹n!'c"==d
Servicesperiods.
Title
32 periodsof ActiveDuty arenot coveredby SCRA, as definedin accordancewith10 USC § 101(d)(1).
Many times ordersare aiTieiided
to extendthe periodof active which
duty, would extend SCRA p. Personsseeking to rely on this website
cei1|f|cation
shouldcheck to make sure the orders
on whichSCRA pr es are basedhave not beenseen '·-- to extend
the inc!us!ve
dates of service.
some
Füit|isiiiisis, protections
of theSCRA may extendto personswho have rece!vedordersto repodfor active
duty or to be inducted,
but whohave not
begun
actually active
duty or repoded
actually forindedion The LastDate on Active is
Duty entry li poitaiit
because a number of pratsct|Gns
ofthe SCRA
extend beyond thelast dates
of active
duty.
Those who could rely on this ceitificate
are urgedto seekqualified
legal counsel
to ensurethatall rights
gusrsntsed to Servicemembers under theSCRA
are protected
WARNING: Thisweii;i;oaie
was providedbased on a last name,
SSN/date of bidh,
and activedutystatusdate p: !ded by the isqüêster.
Providing
erroneous !nformation
will causean erroneouscedificate
to be provided.
3 of 3
Document Filed Date
December 15, 2021
Case Filing Date
September 07, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CAYUGA COUNTY CLERK 12/15/2021 11:48 AM INDEX NO. E2021-0932 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 12/15/2021 N00000051183009 *000006177081* 000006177081 SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1407350 COUNTY OF CAYUGA S 011 N ---------------------------------------- CAPITAL ONE BANK (USA), N.A. Plaintiff -against- NON-MILITARY AFFIRMATION JORDAN N WILSON Index No. E2021-0932 Defendant(s) ---------------------------------------- The undersigned, an attorney admitted to practice in the State of New York, associated with the attorneys for plaintiff, affirms the following to be true under penalties of perjury: 1. This affirmation is made pursuant to the Servicemembers Civil Relief Act in support of plaintiff's application to enter judgment against defendant, JORDAN N WILSON 2. On 12/13/21 , an electronic request was made by this firm to a website maintained by the Department of Defense Manpower Data Center requesting the defendant's military status. The request included the said defendant's social security number or date of birth. This information was provided to plaintiff's attorney by the plaintiff. 3. The attached military status report was printed from the web- site on the said date and indicates that the said defendant is not currently on active duty. Dated: December 13, 2021 Islandia, New York _______________________ AARON DEACON 1 of 3 FILED: CAYUGA COUNTY CLERK 12/15/2021 11:48 AM INDEX NO. E2021-0932 NYSCEF DOC. NO. 6 RECEIVEDResults NYSCEF: 12/15/2021 as of : Dec-13-2021 09:11:03AM Department of Defense Mañpower Data Center SCRA5.11 Status Repon Pttrsuant to Servicememben Civil Relief Act ..... SSN: Birth Date: Last Name: WILSON First Name: JORDAN Middle Name: N Status As Of: Dec-13-2021 Certificate ID: D51LVTMOT545SPH OnActiveDutyon ActiveDutystatusDate ActiveOptyStartDate Activeputy EndDate Status ServiceComponent NA NA No NA Thisresponsereflectsthe mdividuals' activedutystatusbasedonthe ActiveOptyStatusDate LeftActiveDutyWithin367Daysof ActiveDutyStatusDate ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectswherethe individualleftactivedutystatuswithm367daysprecedingtheActiveDutyStatusDate TheMornberor His/HerUnitWasNottfiedof a FutureCall-Upto Activeputyon ActiveputyStatuspate OrderNottfication start Date OrderNotstcation EndDate $tatus $erviceComponent NA NA No NA Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty Upon --.-|.:..athe data banks of theDepai1nientof DefenseManpower Data Center,based on the :..f:..--.±‡::.. that youprovided,the aboveis the status of the;::ec!dü±! on the active duty status date as to all branches of theUn!fermad Services(Army,Navy, Marine Corps,Air Force, NOAA, PublicHealth,and ..wi;" Coast Guard). Thisstatusincludes| n on a Cs b or his/her unit receiving at!ë of future ordersto report for Active Duty. MichaelV. Sorrento,Director Depai1nioniof Defense- Manpower Data Center 400 GiglingRd. Seaside,CA 93955 2 of 3 FILED: CAYUGA COUNTY CLERK 12/15/2021 11:48 AM INDEX NO. E2021-0932 NYSCEF The DOC. Defense NO. Manpower 6 Data Center is an ciganizatice of theDepartment of Defense that RECEIVED iiia|iiia;m theDefense NYSCEF: Enrollment 12/15/2021 and (DMDC) (DoD) E||gibi||ty Repoding System (DEERS) driebase which istheofficial source ofdataon for eligibility medical military care and other systems eligibility The DoD stronglysuppods the enforcementof theService--%rs Civil Relief Act (50 USC App. § 3901et seq,as an +ñJ.-J) (SCRA) known (formerly as Soldiers' Sailors' the and Civil Relief Act of 1940). DMDC has issuedhundreds of thousandsof "doesnot possessany -ai;un that indicating the duty" ..J is currently on active responses,and has p ed only a small errorrate.In the event the |iid|v|dwa| referencedabove, or any family member, friend,or representative asseds in anymanner that the dea| was on active duty for the active dutystatusdate,or is otherwise entitled to the prc±=ct!cns of the SCRA, en. eüraged you are strongly to obtainfudherv-i;i;cat|sn of theperson'sstatus thatperson'sService.Servicecontact by contacting !ñferms.dencanbe found on the SCRA website'sFAQ page (Q35) viathisURL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evideilue the person "" -' was on activedutyfor the active dutystatusdate and you fail to obtain this Service =i;w::, punitive provisions of theSCRA may be invoked againstyou.See 50 USC App. § 3921(c). Thisresponse reflects the following liifsiiiiat|sii: (1) Theind!v!dua!'s ActiveDuty status on the Active Duty StatusDate (2) Whetherthe ;::d e; left Active statuswithin 367 days theActive StatusDate Whether theindividua| or his/her unitr::s|ved n - n torepod for active Duty preced|ng Duty (3) early dutyon the ActiveDutyStatusDate. Status" More information on "Active Duty Activedutystatusas repoded in this cedificate is defined in = =::e with10 USC § 101(d) (1).Prior to 2010 only someof the active dutyperiodsless than 30 consecUt!ve days in length were available.In the case of a member of theNational Guard, thisincludesserviceundera call to active service authorizedby thePresidentor theSecretaryof Defenseunder32 USC § 502(f)for purpssesof respondingto a national emergency declaredby the Presidentand suppoitedby Federalfunds. All Active Guard Reserve (AGR) members must be ass!gnedagainstan sutharizedmob|||zation position in the unit they suppod. This includesNavy Trainingand Adm!n!stration of the Reserves (TARs), MarineCorps ActiveReserve (ARs) and Coast Guard Reserve Program Adm!n!ëm!= (RPAs). ActiveDuty status alsoappliesto a Un|forined Servicemember who is an active dutycommissioned officer of the U.S. PublicHealthService or the NationalOceanic and Atmospheric Administration (NOAA Comm!ss|cned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broaderin somecases and includessome oai-gsilesof personson activedutyfor purpos=sof the SCRA who would not be repoded as on ActiveDutyunder this o-,i;i;oai-. SCRA protecticils are for Title10 andTitle14 active duty recordsforall the ¹_¹n!'c"==d Servicesperiods. Title 32 periodsof ActiveDuty arenot coveredby SCRA, as definedin accordancewith10 USC § 101(d)(1). Many times ordersare aiTieiided to extendthe periodof active which duty, would extend SCRA p. Personsseeking to rely on this website cei1|f|cation shouldcheck to make sure the orders on whichSCRA pr es are basedhave not beenseen '·-- to extend the inc!us!ve dates of service. some Füit|isiiiisis, protections of theSCRA may extendto personswho have rece!vedordersto repodfor active duty or to be inducted, but whohave not begun actually active duty or repoded actually forindedion The LastDate on Active is Duty entry li poitaiit because a number of pratsct|Gns ofthe SCRA extend beyond thelast dates of active duty. Those who could rely on this ceitificate are urgedto seekqualified legal counsel to ensurethatall rights gusrsntsed to Servicemembers under theSCRA are protected WARNING: Thisweii;i;oaie was providedbased on a last name, SSN/date of bidh, and activedutystatusdate p: !ded by the isqüêster. Providing erroneous !nformation will causean erroneouscedificate to be provided. 3 of 3