On December 01, 2017 a
Party Statement
was filed
involving a dispute between
Capital One Bank,
and
Stephen M Mackin,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM INDEX NO. E2017003024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/14/2019
MONROE COUNTY CLERK'S OFFICE THIS IS NOT A BILL. THIS
Receipt # 2071613
Book Page CIVIL
Return To: No. Pages: 4
KEITH H. ROTHMAN
1787 Veterans Hwy ½s=t: MISCELLANEOUS D
Islandia, NY 11749
Control #: 201905140112
Index #: E2017003024
Date: 05/14/2019
CAPITAL ONE BANK (USA), N.A. Time: 9:04:20 AM
MACKIN, STEPHEN M
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK'S 01+1CE
WARNING - THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH1 ofOR
4 REMOVE.
201905140112 Index #:E2017003024
INDEX NO. E2017003024
FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/14/2019
SUPREME COURT OF THE STATE OF NEW YORK -0U0 6
COUNTY OF MONROE R & R File No. 1186364 1
________________________________________
CAPITAL ONE BANK (USA), N.A.
Plaintiff
-against- NON-MILITARY
AFFIRMATION
STEPHEN M MACKIN
Index No. E2017003024
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 Servicemember's
Civil Relief Act in support of plaintiff's application to enter judgment
against defendant, STEPHEN M MACKIN
2. On 5/13/19 , an electronic request was made by this firm to a
website maintained by the Department of Defense Manpower Data Center
the defendant's military status. The request included the said
requesting
defendant s social security number or date of birth. This information
was provided to plaintiff's attorney by the plaintiff.
3. The attached status report was printed from the web-
military
site on the said date and indicates that the said defendant is not
currently on active duty.
Dated: Islandia, New York
May 13, 2019
.
2 of 4
201905140112 Index#:E2017003024
INDEX NO. E2017003024
FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM
NYSCEF DOC. NO. 10 RECEIVED NYSCEF:
Results 05/14/2019
as of : May-13-2019
01:23:53PM
Department of Defense Manpower Data Center
SCRA4.11
Status Report
Pursumit to Servicemembers Civil ReHef Act
.....
SSN:
Birth Date:
Last Name: MACKIN
First Name: STEPHEN
Middle Name: M
Status As Of: May-13-2019
Certificate ID: HJOR2FTRJS5XS41
Thisresponsere 5 dividua activedutystatusbasedor1theActiv tatusDate
NA NA No NA
Thisresponsereflectsw e Êeindi idualleftactived ty s Etuswihin6Ý dayspreced g theÅ t 5 DutyStatusDate
NA
Thisresponsereflectswhetherthesi feua unithasremi n i $Ûionto reportfor activeduty
Upon searching the data banks of the Depadmei7t of Defense Menpower Data Center based on the information that you provided, the above is the status of
the !nd!v!due! on the active duty status date as to all branches of the Uilif imed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes !nformat!en on a Servicemember or his/her unit receiving notif!cat!en of future orders to repod for Active Duty.
Michael V. Sorrento, Director
Depadment of Defense - Menpower Data Center
400 Gigling Rd.
Seaside, CA 93955
3 of 4
201905140112 Index NO.
INDEX #: E2017003024
E2017003024
FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM
NYSCEF DOC. NO. 10
The Defense Menpower Data Center (DMDC) is an organi7ation of the Department of Defense (DoD) that en!ne
RECEIVED NYSCEF: 05/14/2019
the Defense Enrollment and E|igibility
Repening System (DEERS) database which is the official source of data on eligibility for military medical care and other s|igibi|ity systems.
The DoD strongly suppods the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 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"
individue! is currently on active responses, and has experienced only a small error rate. In the event the individue! referenced above, or any family
member, friend, or representativeasseds in any manner that the individue! was on active duty for the active duty status date, or is otherwise entitled to the
protecticas 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 (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this edditiens! Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. ? 521(c).
This response reflects the fo||ówing information: (1) The indi"id"al'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 not!!!cat!en 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 availab|é. 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 respending to a national emergency declared by the
President and suppened by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobi!imiien position in the
unit they suppod. This includes Navy Training and Administration of the Ressives (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Adrninic+ra+mr (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 Unifermed 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 =:Mad to extend the inclusive dates of service.
Fudhsimore, some protections of the SCRA may extend to persons who have received orders to repod for active duty or to be indm†ad, 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 guaran+=ed 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.
4 of 4
Document Filed Date
May 14, 2019
Case Filing Date
December 01, 2017
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM INDEX NO. E2017003024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/14/2019 MONROE COUNTY CLERK'S OFFICE THIS IS NOT A BILL. THIS Receipt # 2071613 Book Page CIVIL Return To: No. Pages: 4 KEITH H. ROTHMAN 1787 Veterans Hwy ½s=t: MISCELLANEOUS D Islandia, NY 11749 Control #: 201905140112 Index #: E2017003024 Date: 05/14/2019 CAPITAL ONE BANK (USA), N.A. Time: 9:04:20 AM MACKIN, STEPHEN M Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK'S 01+1CE WARNING - THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH1 ofOR 4 REMOVE. 201905140112 Index #:E2017003024 INDEX NO. E2017003024 FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/14/2019 SUPREME COURT OF THE STATE OF NEW YORK -0U0 6 COUNTY OF MONROE R & R File No. 1186364 1 ________________________________________ CAPITAL ONE BANK (USA), N.A. Plaintiff -against- NON-MILITARY AFFIRMATION STEPHEN M MACKIN Index No. E2017003024 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 Servicemember's Civil Relief Act in support of plaintiff's application to enter judgment against defendant, STEPHEN M MACKIN 2. On 5/13/19 , an electronic request was made by this firm to a website maintained by the Department of Defense Manpower Data Center the defendant's military status. The request included the said requesting defendant s social security number or date of birth. This information was provided to plaintiff's attorney by the plaintiff. 3. The attached status report was printed from the web- military site on the said date and indicates that the said defendant is not currently on active duty. Dated: Islandia, New York May 13, 2019 . 2 of 4 201905140112 Index#:E2017003024 INDEX NO. E2017003024 FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM NYSCEF DOC. NO. 10 RECEIVED NYSCEF: Results 05/14/2019 as of : May-13-2019 01:23:53PM Department of Defense Manpower Data Center SCRA4.11 Status Report Pursumit to Servicemembers Civil ReHef Act ..... SSN: Birth Date: Last Name: MACKIN First Name: STEPHEN Middle Name: M Status As Of: May-13-2019 Certificate ID: HJOR2FTRJS5XS41 Thisresponsere 5 dividua activedutystatusbasedor1theActiv tatusDate NA NA No NA Thisresponsereflectsw e Êeindi idualleftactived ty s Etuswihin6Ý dayspreced g theÅ t 5 DutyStatusDate NA Thisresponsereflectswhetherthesi feua unithasremi n i $Ûionto reportfor activeduty Upon searching the data banks of the Depadmei7t of Defense Menpower Data Center based on the information that you provided, the above is the status of the !nd!v!due! on the active duty status date as to all branches of the Uilif imed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes !nformat!en on a Servicemember or his/her unit receiving notif!cat!en of future orders to repod for Active Duty. Michael V. Sorrento, Director Depadment of Defense - Menpower Data Center 400 Gigling Rd. Seaside, CA 93955 3 of 4 201905140112 Index NO. INDEX #: E2017003024 E2017003024 FILED: MONROE COUNTY CLERK 05/14/2019 09:03 AM NYSCEF DOC. NO. 10 The Defense Menpower Data Center (DMDC) is an organi7ation of the Department of Defense (DoD) that en!ne RECEIVED NYSCEF: 05/14/2019 the Defense Enrollment and E|igibility Repening System (DEERS) database which is the official source of data on eligibility for military medical care and other s|igibi|ity systems. The DoD strongly suppods the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 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" individue! is currently on active responses, and has experienced only a small error rate. In the event the individue! referenced above, or any family member, friend, or representativeasseds in any manner that the individue! was on active duty for the active duty status date, or is otherwise entitled to the protecticas 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 (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this edditiens! Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the fo||ówing information: (1) The indi"id"al'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 not!!!cat!en 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 availab|é. 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 respending to a national emergency declared by the President and suppened by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobi!imiien position in the unit they suppod. This includes Navy Training and Administration of the Ressives (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Adrninic+ra+mr (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 Unifermed 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 =:Mad to extend the inclusive dates of service. Fudhsimore, some protections of the SCRA may extend to persons who have received orders to repod for active duty or to be indm†ad, 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 guaran+=ed 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. 4 of 4