On October 25, 2021 a
Party Statement
was filed
involving a dispute between
Jpmorgan Chase Bank, N.A.,
and
Nicholas A Mancuso,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 03/10/2022 09:22 AM INDEX NO. 2021-54355
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/10/2022
*000006220798*
000006220798
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1413955
COUNTY OF DUTCHESS S 027
----------------------------------------
JPMORGAN CHASE BANK, N.A.
Plaintiff
-against- NON-MILITARY
AFFIRMATION
NICHOLAS A MANCUSO
Index No. 2021-54355
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, NICHOLAS A MANCUSO
2. On 3/09/22 , 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: March 9, 2022
Islandia, New York
_______________________
SCOTT H. RUMPH
1 of 3
FILED: DUTCHESS COUNTY CLERK 03/10/2022 09:22 AM INDEX NO. 2021-54355
NYSCEF DOC. NO. 7 RECEIVEDResults
NYSCEF: 03/10/2022
as of : Mar-09-2022
06:19:02AM
Department of Defense Manpower Data Center
SCRA5.12
Status Repon
Pitmeant to Servicememben Civil Relief Act
.....
SSN:
Birth Date:
Last Name: MANCUSO
First Name: NICHOLAS
Middle Name: A
Status As Of: Mar-09-2022
Certificate ID: FKCX0SLQGG7YLXX
OnActiveDutyon ActiveDutystatusDate
Active0_ty StartDate Activeputy EndDate Stat_$ ServiceComponent
NA NA No NA
Thisresponsereflectsthe Individuals'
actjvedutystatusbasedonthe Active0_ty StatusDate
LeftActiveDutyWithin367Daysof ActiveDutyStatusDate
ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectswherethe individualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
TheMornberor His/Herrnit WasNottfiedof a FutureCallarpto Activeputyon ActiveputyStatuspate
OrderNottfication
start Date OrderNotstcation
EndDate status servicecomponent
NA NA No NA
ThisresponsereflectswhethertheIndividualor his/herunithasreceivedearlynotificationto reportfor activeduty
Upon searching the data banks of the Depadment 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 repod for Active Duty.
Michael V. Sorrento, Director
Depadment of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
2 of 3
FILED: DUTCHESS COUNTY CLERK 03/10/2022 09:22 AM INDEX NO. 2021-54355
NYSCEF DOC. NO. 7
The Defense Manpower Data
RECEIVED NYSCEF: 03/10/2022
Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Repoding System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly suppods 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 representativeasseds 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 fudher 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.dmdc.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 individual's 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 repod for active
duty on the Active Duty Status Date.
Status"
More information on "Active Duty
Active duty status as repoded in this cedificate 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 suppoded by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they suppod. 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
repoded as on Active Duty under this cedificate. 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
cedification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Fudhermore, some protections of the SCRA may extend to persons who have received orders to repod for active duty or to be inducted, but who have not
actually begun active duty or actually repoded for induction. The Last Date on Active Duty entry is impodant because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this cedificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This cedificate was provided based on a last name, SSN/date of bidh, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous cedificate to be provided.
3 of 3
Document Filed Date
March 10, 2022
Case Filing Date
October 25, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: DUTCHESS COUNTY CLERK 03/10/2022 09:22 AM INDEX NO. 2021-54355 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/10/2022 *000006220798* 000006220798 SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1413955 COUNTY OF DUTCHESS S 027 ---------------------------------------- JPMORGAN CHASE BANK, N.A. Plaintiff -against- NON-MILITARY AFFIRMATION NICHOLAS A MANCUSO Index No. 2021-54355 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, NICHOLAS A MANCUSO 2. On 3/09/22 , 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: March 9, 2022 Islandia, New York _______________________ SCOTT H. RUMPH 1 of 3 FILED: DUTCHESS COUNTY CLERK 03/10/2022 09:22 AM INDEX NO. 2021-54355 NYSCEF DOC. NO. 7 RECEIVEDResults NYSCEF: 03/10/2022 as of : Mar-09-2022 06:19:02AM Department of Defense Manpower Data Center SCRA5.12 Status Repon Pitmeant to Servicememben Civil Relief Act ..... SSN: Birth Date: Last Name: MANCUSO First Name: NICHOLAS Middle Name: A Status As Of: Mar-09-2022 Certificate ID: FKCX0SLQGG7YLXX OnActiveDutyon ActiveDutystatusDate Active0_ty StartDate Activeputy EndDate Stat_$ ServiceComponent NA NA No NA Thisresponsereflectsthe Individuals' actjvedutystatusbasedonthe Active0_ty StatusDate LeftActiveDutyWithin367Daysof ActiveDutyStatusDate ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectswherethe individualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate TheMornberor His/Herrnit WasNottfiedof a FutureCallarpto Activeputyon ActiveputyStatuspate OrderNottfication start Date OrderNotstcation EndDate status servicecomponent NA NA No NA ThisresponsereflectswhethertheIndividualor his/herunithasreceivedearlynotificationto reportfor activeduty Upon searching the data banks of the Depadment 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 repod for Active Duty. Michael V. Sorrento, Director Depadment of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 2 of 3 FILED: DUTCHESS COUNTY CLERK 03/10/2022 09:22 AM INDEX NO. 2021-54355 NYSCEF DOC. NO. 7 The Defense Manpower Data RECEIVED NYSCEF: 03/10/2022 Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Repoding System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly suppods 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 representativeasseds 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 fudher 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.dmdc.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 individual's 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 repod for active duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as repoded in this cedificate 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 suppoded by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they suppod. 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 repoded as on Active Duty under this cedificate. 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 cedification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Fudhermore, some protections of the SCRA may extend to persons who have received orders to repod for active duty or to be inducted, but who have not actually begun active duty or actually repoded for induction. The Last Date on Active Duty entry is impodant because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this cedificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This cedificate was provided based on a last name, SSN/date of bidh, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous cedificate to be provided. 3 of 3