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  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Stephen Spaulding AKA STEPHEN N SPAULDING, Stephen N SpauldingOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: CHAUTAUQUA COUNTY CLERK 06/09/2022 04:26 PM INDEX NO. EK12021000086 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/09/2022 SUPREME COURT COUNTY OF CHAUTAUQUA STATE OF NEW YORK AMERICAN EXPRESS NATIONAL BANK, Index No. EK12021000086 Plaintiff, v. AFFIDAVIT OF MILITARY STEPHEN SPAULDING INVESTIGATION AKA STEPHEN N SPAULDING, Defendant(s). THE UNDERSIGNED, hereby affirms the following to be true under penalty 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, SUITE 230, ROCHESTER, NY 14623, attorneys for Plaintiff. 3. I believe that Defendant, STEPHEN SPAULDING AKA STEPHEN N SPAULDING, 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 Defendant'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. Date: 00 [ ] OsON P. VERHAGEN, ESQ. [ ] JOSEPH JAKAS, ESQ. ELIZABETH A. CLARKE, ESQ. [ ] STEPHANIE MAIDA, ESQ. Zwicker & Associates, P.C Attorneys for the Plaintiff 100 Corporate Woods, Suite 230 Rochester, NY 14623 (585) 427-0482 1 of 5 FILED: CHAUTAUQUA COUNTY CLERK 06/09/2022 04:26 PM INDEX NO. EK12021000086 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/09/2022 Department of Manpower Data Center Results asof: Jun-09-2022 09:54:58 AM Defense SCRA5.13 Status Report Pummant to Servicemembers Civil Relief Act SSN: XXX-XX Birth Date: Last Name: SPAULDING First Name: STEPHEN Middle Name: Status As Of: Jun-09-2022 Certificate ID: HZL6BQ3VT3DP9FS NA NA Thisresponse p bividea ivedut stalusI ased t s Date LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent 4 . NA NA No NA Thisresponse retlectswherethemdividual leftackvedutystatuswifRm67daysprecedmg theActiDutyStatusDate orHis/HerUnitWasNotified TheMerhber ofa FutureCall-UptoActiveDutyonAchveDutyÂtatus Date Orl,erNotificabon Start ate , OrderNotdicabon EndDat Status Service Component NA NA No NA Thisresponse whethertheindivdual reflects hisherumthasreceiv otificabon toreportforackveduty Upon searchingthe data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above Is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine 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. Michael V, Sorrento, Director Departmentof Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA93955 2 of 5 FILED: CHAUTAUQUA COUNTY CLERK 06/09/2022 04:26 PM INDEX NO. EK12021000086 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/09/2022 The Defense ManpowerData 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 Civil Relief Act (50 USC App. § 3901 et seq, as amended) of the Servicemembers (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the duty" responses, and has experienced individual is currently on active only a small error rate. In the event the individual referenced above, or any family asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the member, friend, or representative protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. information If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(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 preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active Duty status within 367 days 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 by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency authorized 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 Commissioned 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 erroneousinformation will cause an erroneous certificate to be provided. 3 of 5 FILED: CHAUTAUQUA COUNTY CLERK 06/09/2022 04:26 PM INDEX NO. EK12021000086 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/09/2022 R==""===°'""a-°92022095*58ªM Department of Defense Manpower Data Center SCRAS.13 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX- Birth Date: Last Name: SPAULDING First Name: STEPHEN N Middle Name: Status As Of: Jun-09-2022 Certificate ID: KZ1DNLOMJMC5T74 O ActiveDutyOnActiveDut StatusDate ActiveDut)5 d Date ActiveDutyEndDate Status. . Service mponent NA NA No NA reI ctstheindividuals' Thisresponse activedutystatusbasedontheActiveD tusDate LeftActiveDutyWithin367DaysofActiveDutySeatus Date ActiveDutyStartDate ActiveDutyEndDate Status SeniceComponent NA A .. No NA reflectswherethe,indidualleftactivedutystatuswithin367dayspreceding Thisresponse theActiDutyStatusDate TheMemberr -IIs/Her UnitWasNotified ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate .. OrderNotification.Start Date drderNotification EndDate H Status Service 9 nponent NA NA NH NA Thisresponse whelberthe,rídiviu reflects orhis/herunithasrece edearlynohli IoI toreportforactiveduty the data banks of the Department of Defense Manpower Upon searching Data Centef,ased on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine 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. Michael V. Sorrento, Director Departmentof Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA93955 4 of 5 FILED: CHAUTAUQUA COUNTY CLERK 06/09/2022 04:26 PM INDEX NO. EK12021000086 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 06/09/2022 The Defense ManpowerData 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. § 3901 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 duty" individual is currently on active 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 verification of the person's status by contacting that person's Service. Service contact can be found on the SCRA website's information If you have evidence the person FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individuars Active Duty status on the Active Duty Status Date (2) Whether the individual left Active preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active Duty status within 367 days 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 In the case of a member of the National Guard, this includes service under a call to active service days in length were available. by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency authorized declared by the President and supported by Federal funds. mobilization position in the All Active Guard Reserve (AGR) members must be assigned against an authorized unit they support. of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve This includes Navy Training and Administration Program Administrator (RPAs). officer of the U.S. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned 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 should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. certification 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 The Last Date on Active Duty entry is important because a number of protections of the SCRA actually begun active duty or actually reported for induction. 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 erroneousinformation will cause an erroneous certificate to be provided. 5 of 5