Preview
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
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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
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
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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
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.
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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
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,rÃdiviu
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