On March 17, 2022 a
Party Statement
was filed
involving a dispute between
Americu Credit Union,
and
Dakota W Schreiner,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Cortland County.
Preview
FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
AmeriCU Credit Union Index No.: EF22-
Plaintiff,
-vs-
Dakota W. Schreiner
Defendant.
The document filed contains no confidential personal information, as defined in 22
NYCRR 202.5(e).
The document filed is REDACTED in accordance with 22 NYCRR 202.5(e).
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e).
(a) The document filed contains SSN (as authorized by the order specified below).
¡ (b) The document
information
filed
as defined
contains
under
confidential
22 NYCRR
personal
202.5(e) (as
authorized by the order specified below).
¡ This
REDACTED.
document was
Date:
previously filed
This document was filed UN-
previously
REDACTED. Date:
The document filed seeks a remedy under 22 NYCRR202.5(e)(2).
The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional information:
There is a previously filed order of the Court regarding this document: NO:
2022329080
EF22-119
11/15/2022 01:47:06 PM
Pages 6
AFFIDAVlT
Elizabeth Larkin, County Clerk
1 of 6
FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022
Date of order:
Date order filed:
Other identifying information for such order:
The order of the Court is being filed with the redacted/un-redacted document: NO:
Date of order:
Other identifying informati for such order:
Signature of Filer: -
Print Name: Sean P. ams, Esq.
Counsel appearing for: Plaintiff
Filer is Unrepresented/Pro Se: NO
Date: November 14, 2022
2 of 6
FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022
STATE OF NEW YORK SUPREME COURT
COUNTY OF CORTLAND
AmeriCu Credit Union
Plaintiff, Index No.: EF22-119
-vs-
MILITARY STATUS
Dakota W. Schreiner AFFIDAVIT
Defendant.
STATE OF NEW YORK)
COUNTY OF MONROE) ss.:
Kristine E. Haynes, being duly sworn deposes and says as follows:
1. I am over the age of 18 years and I am not a party to this action. I reside in Rochester,
New York.
2. Based on the annexed Defense Manpower Data Center search performed on November
14, 2022 I was able to determine that Dakota W. Schreiner is not an active duty member
of the military. A copy of the search performed is annexed hereto as Exhibit A.
Date: November 2022
Kristine E. Haynes
C Ap
Title: Paralegal
Davidson Fink LLP
M
Sworn to before me this
day of November, 2022
Notary Public
MICHELLE DENISE ALBRO
NOTARY PUBLIC, State of New York
Registration No. 01AL6398378
Qualified in Monroe
County
Commission Expires September 30, 20
3 of 6
FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022
Exhibit A
4 of 6
FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119
NYSCEF DOC. NO. 7 RECEIVED NYSCEF:
Results 11/15/2022
asof : Nov-14-2022
04:16:25PM
Department of Defense Manpower Data Center
SCRA5.15
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-6558
Birth Date:
Last Name: SCHREINER
First Name: DAKOTA
Middle Name: W
Status As Of: Nov-14-2022
Certificate ID: VZHNYW64HSN58Q5
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectsthe individuals'activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
TheMemberor His/HerUnitWasNotifiedof a FutureCall-Upto ActiveDutyonActiveDutyStatusDate
OrderNotificationStartDate OrderNotificationEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty
Upon searChing the 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
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
5 of 6
FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022
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. § 3901 et seq, as amended) (SCRA) (formerly known as
Soldiers' Sailors'
the 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 representativeasserts 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
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.osd.mil/scra/#/faqs. 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 individuaFs 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 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
erroneous information will cause an erroneous certificate to be provided.
6 of 6
Document Filed Date
November 15, 2022
Case Filing Date
March 17, 2022
Category
Other Matters - Consumer Credit (Non-Card) Transaction
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND AmeriCU Credit Union Index No.: EF22- Plaintiff, -vs- Dakota W. Schreiner Defendant. The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e). (a) The document filed contains SSN (as authorized by the order specified below). ¡ (b) The document information filed as defined contains under confidential 22 NYCRR personal 202.5(e) (as authorized by the order specified below). ¡ This REDACTED. document was Date: previously filed This document was filed UN- previously REDACTED. Date: The document filed seeks a remedy under 22 NYCRR202.5(e)(2). The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). Additional information: There is a previously filed order of the Court regarding this document: NO: 2022329080 EF22-119 11/15/2022 01:47:06 PM Pages 6 AFFIDAVlT Elizabeth Larkin, County Clerk 1 of 6 FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022 Date of order: Date order filed: Other identifying information for such order: The order of the Court is being filed with the redacted/un-redacted document: NO: Date of order: Other identifying informati for such order: Signature of Filer: - Print Name: Sean P. ams, Esq. Counsel appearing for: Plaintiff Filer is Unrepresented/Pro Se: NO Date: November 14, 2022 2 of 6 FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF CORTLAND AmeriCu Credit Union Plaintiff, Index No.: EF22-119 -vs- MILITARY STATUS Dakota W. Schreiner AFFIDAVIT Defendant. STATE OF NEW YORK) COUNTY OF MONROE) ss.: Kristine E. Haynes, being duly sworn deposes and says as follows: 1. I am over the age of 18 years and I am not a party to this action. I reside in Rochester, New York. 2. Based on the annexed Defense Manpower Data Center search performed on November 14, 2022 I was able to determine that Dakota W. Schreiner is not an active duty member of the military. A copy of the search performed is annexed hereto as Exhibit A. Date: November 2022 Kristine E. Haynes C Ap Title: Paralegal Davidson Fink LLP M Sworn to before me this day of November, 2022 Notary Public MICHELLE DENISE ALBRO NOTARY PUBLIC, State of New York Registration No. 01AL6398378 Qualified in Monroe County Commission Expires September 30, 20 3 of 6 FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022 Exhibit A 4 of 6 FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: Results 11/15/2022 asof : Nov-14-2022 04:16:25PM Department of Defense Manpower Data Center SCRA5.15 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-6558 Birth Date: Last Name: SCHREINER First Name: DAKOTA Middle Name: W Status As Of: Nov-14-2022 Certificate ID: VZHNYW64HSN58Q5 OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectsthe individuals'activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate TheMemberor His/HerUnitWasNotifiedof a FutureCall-Upto ActiveDutyonActiveDutyStatusDate OrderNotificationStartDate OrderNotificationEndDate Status ServiceComponent NA NA No NA Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty Upon searChing the 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 Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 5 of 6 FILED: CORTLAND COUNTY CLERK 11/15/2022 01:47 PM INDEX NO. EF22-119 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/15/2022 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. § 3901 et seq, as amended) (SCRA) (formerly known as Soldiers' Sailors' the 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 representativeasserts 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 information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.osd.mil/scra/#/faqs. 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 individuaFs 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 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 erroneous information will cause an erroneous certificate to be provided. 6 of 6