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  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
  • Credit Acceptance Corporation v. Nicholas Austin aka Nicholas J. AustinOther Matters - Consumer Credit (Non-Card) Transaction document preview
						
                                

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FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294 NYSCEF DOC. NEW STATE NO. 9YORK OF RECEIVED NYSCEF: 10/13/2021 SUPREME COURT COUNTY OF LEWIS CREDIT ACCEPTANCE CORPORATION AFFIDAVIT OF Plaintiff, NON-MILITARY vs. SERVICE NICHOLAS AUSTIN AKA NICHOLAS J. AUSTIN DOCKET #EFCA2021-000294 Defendant. STATE OF NEW YORK) COUNTY OF MONROE) SS: Toby Youngman swears under penalty of perjury: 1) I reside in Rochester, New York, and am employed by the attorneys for the plaintiff in the above entitled action. 2) Upon information and belief, at the time of the service of the summons in this action, Nicholas AustinakaNicholas J. Austin, the above named defendant, resided and still resides at 7325 Dock StreetPO Box 688, Lyons Falls, NY 13368. He/She is not engaged in any kind of service with any branch of the military service of the United States or of the State of New York, nor in training or education under the supervision of the United States or such state after the induction into military service; and at no time since the service of the summons upon him/her has he/she been engaged in any service. 3) The foregoing allegations are upon information and belief and the sources of my information and the grounds of my belief are reflected by the attached Request for Military Status signed by Michael V. Sorrento, Director of the Department of Defense - Manpower Data dated October 2021 and obtained from over the website of Center, 13, DMDC. You an Paralegal Sworn to before me October 13, 2021 Ñota Public KRISTINE M. GARIBALDI Notary Public, State of New York Qualified in Monroe County No. 01GA6293779 Cems'::!:n Expires December 16,20 1 of 5 FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021 Department of Defense Manpower Data Center Results asof: Oct-13-2021 06:47:39 AM sCRA5.11 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-2204 Birth Date: Last Name: AUSTIN First Name: NICHOLAS Middle Name: J Status As Of: Oct-13-2021 Certificate ID: CR8LNNKBZRN28S2 OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponsereflectstheindividuals' activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse reflectswheretheindividual leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate TheMember orHis/HerUnitWasNotifiedofa FutureCall-Up toActiveDutyonActiveDutyStatusDate OrderNotification StartDate OrderNotificaUon EndData Status Service Component NA NA No NA Thisresponse reflects theindividual whether orhis/herunithasreceived earlynotification toreportforactiveduty 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 2 of 5 FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021 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 the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" 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 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 individuars 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. 3 of 5 FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021 Results 06:47:24 asof: Oct-13-2021 AM Department of Defense Manpower Data Center SCRA5 11 Status Report Pursuant to Servicemembers Civil ReHef Act SSN: XXX-XX-2204 Birth Date: Last Name: AUSTIN First Name: NICHOLAS Middle Name: Status As Of: Oct-13-2021 Certificate ID: 51CJQJ7YDNCLGQW OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponsereflectstheindividuals' activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutystatusDate ActiveDutyStartDate ActiveDutyEndDate status Service Component NA NA No NA reflects Thisresponse wheretheindividual leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate TheMember orHis/HerUnitWasNotified toActiveDutyonActiveDutyStatusDate ofa FutureCall-Up StartDate OrderNotification orderNotification EndDate Status Service Component NA NA No NA Thisresponse reflects whether orhis/herunithasreceived theindividual earlynotification toreportforactiveduty 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 4 of 5 FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021 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 the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" 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 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 net!feet!en 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. 5 of 5