On July 12, 2021 a
Party Statement
was filed
involving a dispute between
Capital One Bank,
and
Michael V Devlin,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Franklin County.
Preview
FILED: FRANKLIN COUNTY CLERK 03/22/2022 12:23 PM INDEX NO. E2021-489
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/22/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF FRANKLIN
--_____________________________________Ç
CAPITAL ONE BANK (USA), N.A.
Plaintiff, INDEX NO: E2021-489
FILE NO: 08 0 8B 396315
-against- AFFIDAVIT OF
INVESTIGATOR
MICHAEL V DEVLIN NON-MILITARY STATUS
Defendant(s).
_______________________________________Ç
STATE OF NEW YORK, COUNTY OF NASSAU
The undersigned being duly sworn, deposes and says: That
your deponent is not a party to this action, is over the age of
eighteen of years, and is employed by Malen & Associates, P.C., 123
Frost Street, Westbury, NY 11590.
Plaintiff is seeking to enter a judgment against the following
defendant(s) hereinafter known as "the Defendant(s)":
MICHAEL V DEVLIN
I have been requested by Malen & Associates, P.C., attorneys
for Plaintiff to swear as to my own personal knowledge whether or not
the Defendant(s) are in military service pursuant to United States
Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A.
App. Secs. 501 et seq and the New York State Military Law, Article XIII,
Soldiers and Sailors Civil Relief Act, Sections 300 to 327.
I communicated with the Department of Defense, Defense
Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington,
VA 22209 wherein I provided them with the Defendant(s) name(s), date(s)
of birth or social security number(s) which we know is accurate because
the information is contained in Plaintiff's file. In response to my
inquiry it was confirmed on 03/14/22 that the Defendant(s) were not in
any branch of the military service.
From the facts above set forth, am onvinced that the
Defendant(s) are not in any branch o the m\litary service at the
present time.
ephan e Philps
Sworn to before me on
af f inonmil stephani 03/15/22
DANA
MARIE ARRICK NOTARY
Notary Public, State of New York
No. 02AR6355543
Qualified in Suffolk County
Commission Expires March 13, 2025
1 of 2
FILED: FRANKLIN COUNTY CLERK 03/22/2022 12:23 PM INDEX NO. E2021-489
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/22/2022
"°5°"5ª5°"M" ²°²²*¹²"^"
Department of Defense Manpower Data Center
SCRA5.12
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9262
Birth Date
Last Name: DEVLIN
First Name: MICHAEL
Middle Name: V
Status As Of: Mar-14-2022
Certificate ID: DWWRJ8N9ZXBSYYT
OnAchve DutyOnAchveDutyStatusDaie
ActiveDutyStartDate AchveDutyEndDate Status SemceComponent
NA NA No NA
Thisresponse theindiv)duats'
reAects dutystatusbasedontheAchveDutyStahnDate
achve
LeftAchveDutyWithin387Days
ofAchveDutySiatusData
Date
ActNeDUlyS1Bit AchveDutyEndDate Status SemceComponent
NA , NA No NA
Thisresponse
reflects
wheretherfidMdual
leftactivedutystatuswdhin367daysprecedmg DutyStatusDete
theAcUve
TheMember
orHisfHer
UmtWasNahfied
ofaFuture DutyonActiveDutyStatusDate
toAchve
CaM-Up
OrderNohrscation
StartDate OrderNoti6ceton
EndDate Status SemceComponent
M NA
Thisresponse
reflects
whether
theindmdual
orhis/her
urnthasreceived
earlynoufscaton
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
File #: 396315
2 of 2
Document Filed Date
March 22, 2022
Case Filing Date
July 12, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: FRANKLIN COUNTY CLERK 03/22/2022 12:23 PM INDEX NO. E2021-489 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF FRANKLIN --_____________________________________Ç CAPITAL ONE BANK (USA), N.A. Plaintiff, INDEX NO: E2021-489 FILE NO: 08 0 8B 396315 -against- AFFIDAVIT OF INVESTIGATOR MICHAEL V DEVLIN NON-MILITARY STATUS Defendant(s). _______________________________________Ç STATE OF NEW YORK, COUNTY OF NASSAU The undersigned being duly sworn, deposes and says: That your deponent is not a party to this action, is over the age of eighteen of years, and is employed by Malen & Associates, P.C., 123 Frost Street, Westbury, NY 11590. Plaintiff is seeking to enter a judgment against the following defendant(s) hereinafter known as "the Defendant(s)": MICHAEL V DEVLIN I have been requested by Malen & Associates, P.C., attorneys for Plaintiff to swear as to my own personal knowledge whether or not the Defendant(s) are in military service pursuant to United States Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act, Sections 300 to 327. I communicated with the Department of Defense, Defense Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209 wherein I provided them with the Defendant(s) name(s), date(s) of birth or social security number(s) which we know is accurate because the information is contained in Plaintiff's file. In response to my inquiry it was confirmed on 03/14/22 that the Defendant(s) were not in any branch of the military service. From the facts above set forth, am onvinced that the Defendant(s) are not in any branch o the m\litary service at the present time. ephan e Philps Sworn to before me on af f inonmil stephani 03/15/22 DANA MARIE ARRICK NOTARY Notary Public, State of New York No. 02AR6355543 Qualified in Suffolk County Commission Expires March 13, 2025 1 of 2 FILED: FRANKLIN COUNTY CLERK 03/22/2022 12:23 PM INDEX NO. E2021-489 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 03/22/2022 "°5°"5ª5°"M" ²°²²*¹²"^" Department of Defense Manpower Data Center SCRA5.12 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9262 Birth Date Last Name: DEVLIN First Name: MICHAEL Middle Name: V Status As Of: Mar-14-2022 Certificate ID: DWWRJ8N9ZXBSYYT OnAchve DutyOnAchveDutyStatusDaie ActiveDutyStartDate AchveDutyEndDate Status SemceComponent NA NA No NA Thisresponse theindiv)duats' reAects dutystatusbasedontheAchveDutyStahnDate achve LeftAchveDutyWithin387Days ofAchveDutySiatusData Date ActNeDUlyS1Bit AchveDutyEndDate Status SemceComponent NA , NA No NA Thisresponse reflects wheretherfidMdual leftactivedutystatuswdhin367daysprecedmg DutyStatusDete theAcUve TheMember orHisfHer UmtWasNahfied ofaFuture DutyonActiveDutyStatusDate toAchve CaM-Up OrderNohrscation StartDate OrderNoti6ceton EndDate Status SemceComponent M NA Thisresponse reflects whether theindmdual orhis/her urnthasreceived earlynoufscaton 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 File #: 396315 2 of 2