arrow left
arrow right
  • Citibank Na v. Amanda LapeccerellaOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Citibank Na v. Amanda LapeccerellaOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Citibank Na v. Amanda LapeccerellaOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Citibank Na v. Amanda LapeccerellaOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Citibank Na v. Amanda LapeccerellaOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • Citibank Na v. Amanda LapeccerellaOther Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

Preview

FILED: PUTNAM COUNTY CLERK 11/05/2021 02:19 PM INDEX NO. 501336/2021 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/05/2021 *000006154376* 000006154376 SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1408205 COUNTY OF PUTNAM S 079 ---------------------------------------- CITIBANK, N.A. Plaintiff -against- NON-MILITARY AFFIRMATION AMANDA LAPECCERELLA Index No. 501336/2021 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, AMANDA LAPECCERELLA 2. On 11/03/21 , 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: __________________ 11-3-2021 Islandia, New York _______________________ AARON DEACON 1 of 3 FILED: PUTNAM COUNTY CLERK 11/05/2021 02:19 PM INDEX NO. 501336/2021 NYSCEF DOC. NO. 7 RECEIVEDResults NYSCEF: 11/05/2021 as of : Nov-03-2021 10:28:44AM Department of Defense Manpower Data Center SCRA5.11 Status Repon Pttrsuant to Servicememben Civil Relief Act ..... SSN: Birth Date: Last Name: LAPECCERELLA First Name: AMANDA Middle Name: Status As Of: Nov-03-2021 Certificate ID: 32M0QMNZ4M3Z13Z OnActiveDutyon ActiveDutystatusDate ActiveOptyStartDate Activeputy EndDate Status ServiceComponent NA NA No NA Thisresponsereflectsthe mdividuals' activedutystatusbasedonthe ActiveOptyStatusDate LeftActiveDutyWithin367Daysof ActiveDutyStatusDate ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectswherethe individualleftactivedutystatuswithm367daysprecedingtheActiveDutyStatusDate TheMornberor His/HerUnitWasNottfiedof a FutureCall-Upto Activeputyon ActiveputyStatuspate OrderNottfication start Date OrderNotstcation EndDate $tatus $erviceComponent NA NA No NA Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty _' ' Upon o = u the data banks of the Depadment of Defense Manpvvver Data Center, based on the :..f:..T.s.‡::.. that you p: ±s±, the above is the status of the indiv|dsa| on the active duty status date as to all branches of the Unifaiined Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes informat| on a Cer eber or his/her unit receiving _.:ori of future orders to repod for Active Duty. Michael V. Sorrento, Director Depadment of Defense - Manpet.^/er Data Center 400 Gigling Rd. Seaside, CA 93955 2 of 3 FILED: PUTNAM COUNTY CLERK 11/05/2021 02:19 PM INDEX NO. 501336/2021 NYSCEF DOC. NO. 7 The Defense Manpower Data RECEIVED NYSCEF: 11/05/2021 Center (DMDC) is an ciganizatice of the Department of Defense (DoD) that iiia|iiia;m the Defense Enrollment and E||gibi||ty Repoding System (DEERS) driebase 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 Service--%rs Civil Relief Act (50 USC App. § 3901 et seq, as an +ñJ.-J) (SCRA) (formerly known as Soldiers' Sailors' the and Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any -ai;un indicating that the duty" ..J is currently on active responses, and has p ed only a small error rate. In the event the |iid|v|dwa| referenced above, or any family member, friend, or representative asseds in any manner that the dea| was on active duty for the active duty status date, or is otherwise entitled to the prc±=ct!cns of the SCRA, you are strongly en. eüraged to obtain fudher v-i;i;cat|sn of the person's status by contacting that person's Service. Service contact !ñferms.den can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evideilue the person "" -' was on active duty for the active duty status date and you fail to obtain this Service =i;w::, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following liifsiiiiat|sii: (1) The ind!v!dua!'s Active Duty status on the Active Duty Status Date (2) Whether the ;::d e; left Active status within 367 days the Active Status Date Whether the individua| or his/her unit r::s|ved n - n to repod for active Duty preced|ng Duty (3) early duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as repoded in this cedificate is defined in = =:: e with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecUt!ve 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 purpsses of responding to a national emergency declared by the President and suppoited by Federal funds. All Active Guard Reserve (AGR) members must be ass!gned against an sutharized mob|||zation position in the unit they suppod. This includes Navy Training and Adm!n!stration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Adm!n!ëm!= (RPAs). Active Duty status also applies to a Un|forined Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Comm!ss|cned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some oai-gsiles of persons on active duty for purpos=s of the SCRA who would not be repoded as on Active Duty under this o-,i;i;oai-. SCRA protecticils are for Title 10 and Title 14 active duty records for all the ¹_¹n!'c"==d 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 aiTieiided to extend the period of active duty, which would extend SCRA p. Persons seeking to rely on this website cei1|f|cation should check to make sure the orders on which SCRA pr es are based have not been seen '·-- to extend the inc!us!ve dates of service. some protections of the SCRA may extend to persons who have rece!ved orders to repod for active duty or to be inducted, but who have not Füit|isiiiisis, actually begun active duty or actually repoded for indedion The Last Date on Active Duty entry is li poitaiit because a number of pratsct|Gns of the SCRA extend beyond the last dates of active duty. Those who could rely on this ceitificate are urged to seek qualified legal counsel to ensure that all rights gusrsntsed to Service members under the SCRA are protected WARNING: This weii;i;oaie was provided based on a last name, SSN/date of bidh, and active duty status date p: !ded by the isqüêster. Providing erroneous !nformation will cause an erroneous cedificate to be provided. 3 of 3