On October 06, 2020 a
Party Statement
was filed
involving a dispute between
Lvnv Funding Llc,
and
Kristin Mcchesney,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 07/29/2021 09:23 AM INDEX NO. EK12020001138
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/29/2021
SUPREME COURT OF THE STATE OF NEW YORK
C_OUNTY OF CHAUTAUQUA INDEX NO. EK12020001138
LVNV Funding LLC
Plaintiff, AFFIRMATION
vs.
Kristin McChesney
Defendant(s),
The undersigned attorney, pursuant to CPLR 2106 and under the penalties of perjury, affirms as
follows:
1. I am an associate of the firm appearing as attorneys of record for the Plaintiff and am
fully familiar with all of the statements submitted herein. I submit this Affirmation in support of
the Plaintiff's submission of a default judgment in favor of the Plaintiff and against the
Defendant(s).
2. This affidavit is made pursumt to the United States Soldiers and Sailor's Relief Act of
1940, as amended, 50 U.S.C.A. App. Secs. 501et. Seq. for the purpose of the entry of a judginent
against Kristin McChesney , Defendant(s) in the above entitled action.
3. I provided Department of Defense Manpower Data Center with the pertinent infornution
about the Defendant(s), such as date of birth and social security number which I know because
this information was provided to us by the Plaintiff and we further verified this information in a
credit report beariñg Defeñdant's(s') name, date of birth and social security number. I requested a
military investigation be conducted.
4. Based upon the response I received from the Department of Defense Manpower Data
Center dated 07/19/2021, I am convinced that the Defendst(s) is/are not in any branch of the
United States military.
..
Dated: July 19, 2021
Joseph J. C so U Joseph G. Devine
Aksana Bo arts va Stephanie R. Vetch
Stephen Ein tein Evridike Kollis
S.E ACCT. NO. 39 65
S J_NonMil
1 of 3
FILED: CHAUTAUQUA COUNTY CLERK 07/29/2021 09:23 AM INDEX NO. EK12020001138
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/29/2021
Department of Deferise Manpower Data Center Results
asof: Jul-19-2021
08:29:09
AM
SCRA5.8
..
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-7966
Birth Date: May-XX-1985
Last Name: MCCHESNEY
First Name: KRISTIN
Middle Name:
Status As Of: Jul-19-2021
Certificate ID: GD8MYWYSZ2CC49N
On'Active
DutyOnActiveDutyStatusDate
ActiveDutyStartDate AchveDutyEndDate Status ServiceComponent
NA flA No NA
Thisresponse
reflecist1 a. activedutystausbasedonth ctveDutyStakisDate
LeftActiveDutyWithin367DaysofAct e DutyStatusDate
ActiveDutyStartDate AcbveDutyEndDate Status ServiceComponent
NA No p NA
reflectsw n he]ndl d,ualleftactive uty tat s th 3 17daysprecedig th
Thisresponse StatusDate
orHis/HerUnitWasNotified
TheMember ofaFutureCallUptoActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotification
EndDate Status ServiceComponent
NA NA No f/ NA
Thisresponse
reflects
whether
tlieindividual
orhs/herunithas otifica ntoreportforactiveduty
Upon searching the data banks of the Dêpartnient of Defense "--;^" - D ëñteChased 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 !r.ts:22 on a SerMeemember or his/her unit receiving netMeet!en 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 3
FILED: CHAUTAUQUA COUNTY CLERK 07/29/2021 09:23 AM INDEX NO. EK12020001138
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/29/2021
The Defense .".'.::;n
_. Data Center (DMDC) is an cry:±:t! n of the Depd A of Defense (DoD) that m:!nt:!r: the Defense Eñrci|msat and Ellglbility
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 Servic:members Civil Relief Act (50 USC App. § 3901 et seq, as emended) (SCRA) (formerly known as
Soldiers' Sailors'
the and Civil Relief Act of 1940). DMDC has issued hund'=ds of ±: ::nd: of "does not possess any |ñfGrmatiGñ indicating that the
ind!vidue! is currently on active duty" rampuumum,and has cr;s"es:éd 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 individue! was on active duty for the active duty status date, or is otherwise entitled to the
piuivutiüüs of the SCRA, you are strongly - ___ __ _/ to obtain further verificaticñ of the person's status by contacting that person's Service. Service contact
r.?:rst!:2 can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.oari mil/«nrm/ieffana If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this addit!ene! Service verificatinn. punitive pr:c!:!::: of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following |ñfsimatisñ: (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 individue! or his/her unit received early nntifientinn to report fo'r 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 J-..a with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 cüñõécütive days in length were eve!!eb!e. 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
Piesident and ::pp:ded 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 AdministratiGñ of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Adm!n!st-to- (RPAs). Active Duty status also applies to a UcM~==d Service member who is an active duty cGmm:õ3|cñêd officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric AdmMicwtinn (NOAA Comm!::sioned 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 protGct:Gñsare 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 pi uieuiluns. Persons seeking to rely on this website
ced!ñcetion should check to make sure the orders on which SCRA prefectione are based have not been amended to extend the inclusive dates of service.
hesors, some protectione 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 !mpedent because a number of pictâct|cñs of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificâts are urged to seek qualified legai counsel to ensure that all rights geare teed to Service members under the SCRA
are protected
WARNING: This cértificate was provided based on a last name, SSN/dete of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
3 of 3
Document Filed Date
July 29, 2021
Case Filing Date
October 06, 2020
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 07/29/2021 09:23 AM INDEX NO. EK12020001138 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/29/2021 SUPREME COURT OF THE STATE OF NEW YORK C_OUNTY OF CHAUTAUQUA INDEX NO. EK12020001138 LVNV Funding LLC Plaintiff, AFFIRMATION vs. Kristin McChesney Defendant(s), The undersigned attorney, pursuant to CPLR 2106 and under the penalties of perjury, affirms as follows: 1. I am an associate of the firm appearing as attorneys of record for the Plaintiff and am fully familiar with all of the statements submitted herein. I submit this Affirmation in support of the Plaintiff's submission of a default judgment in favor of the Plaintiff and against the Defendant(s). 2. This affidavit is made pursumt to the United States Soldiers and Sailor's Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501et. Seq. for the purpose of the entry of a judginent against Kristin McChesney , Defendant(s) in the above entitled action. 3. I provided Department of Defense Manpower Data Center with the pertinent infornution about the Defendant(s), such as date of birth and social security number which I know because this information was provided to us by the Plaintiff and we further verified this information in a credit report beariñg Defeñdant's(s') name, date of birth and social security number. I requested a military investigation be conducted. 4. Based upon the response I received from the Department of Defense Manpower Data Center dated 07/19/2021, I am convinced that the Defendst(s) is/are not in any branch of the United States military. .. Dated: July 19, 2021 Joseph J. C so U Joseph G. Devine Aksana Bo arts va Stephanie R. Vetch Stephen Ein tein Evridike Kollis S.E ACCT. NO. 39 65 S J_NonMil 1 of 3 FILED: CHAUTAUQUA COUNTY CLERK 07/29/2021 09:23 AM INDEX NO. EK12020001138 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/29/2021 Department of Deferise Manpower Data Center Results asof: Jul-19-2021 08:29:09 AM SCRA5.8 .. Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-7966 Birth Date: May-XX-1985 Last Name: MCCHESNEY First Name: KRISTIN Middle Name: Status As Of: Jul-19-2021 Certificate ID: GD8MYWYSZ2CC49N On'Active DutyOnActiveDutyStatusDate ActiveDutyStartDate AchveDutyEndDate Status ServiceComponent NA flA No NA Thisresponse reflecist1 a. activedutystausbasedonth ctveDutyStakisDate LeftActiveDutyWithin367DaysofAct e DutyStatusDate ActiveDutyStartDate AcbveDutyEndDate Status ServiceComponent NA No p NA reflectsw n he]ndl d,ualleftactive uty tat s th 3 17daysprecedig th Thisresponse StatusDate orHis/HerUnitWasNotified TheMember ofaFutureCallUptoActiveDutyonActiveDutyStatusDate OrderNotification StartDate OrderNotification EndDate Status ServiceComponent NA NA No f/ NA Thisresponse reflects whether tlieindividual orhs/herunithas otifica ntoreportforactiveduty Upon searching the data banks of the Dêpartnient of Defense "--;^" - D ëñteChased 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 !r.ts:22 on a SerMeemember or his/her unit receiving netMeet!en 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 3 FILED: CHAUTAUQUA COUNTY CLERK 07/29/2021 09:23 AM INDEX NO. EK12020001138 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/29/2021 The Defense .".'.::;n _. Data Center (DMDC) is an cry:±:t! n of the Depd A of Defense (DoD) that m:!nt:!r: the Defense Eñrci|msat and Ellglbility 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 Servic:members Civil Relief Act (50 USC App. § 3901 et seq, as emended) (SCRA) (formerly known as Soldiers' Sailors' the and Civil Relief Act of 1940). DMDC has issued hund'=ds of ±: ::nd: of "does not possess any |ñfGrmatiGñ indicating that the ind!vidue! is currently on active duty" rampuumum,and has cr;s"es:éd 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 individue! was on active duty for the active duty status date, or is otherwise entitled to the piuivutiüüs of the SCRA, you are strongly - ___ __ _/ to obtain further verificaticñ of the person's status by contacting that person's Service. Service contact r.?:rst!:2 can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.oari mil/«nrm/ieffana If you have evidence the person was on active duty for the active duty status date and you fail to obtain this addit!ene! Service verificatinn. punitive pr:c!:!::: of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following |ñfsimatisñ: (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 individue! or his/her unit received early nntifientinn to report fo'r 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 J-..a with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 cüñõécütive days in length were eve!!eb!e. 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 Piesident and ::pp:ded 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 AdministratiGñ of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Adm!n!st-to- (RPAs). Active Duty status also applies to a UcM~==d Service member who is an active duty cGmm:õ3|cñêd officer of the U.S. Public Health Service or the National Oceanic and Atmospheric AdmMicwtinn (NOAA Comm!::sioned 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 protGct:Gñsare 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 pi uieuiluns. Persons seeking to rely on this website ced!ñcetion should check to make sure the orders on which SCRA prefectione are based have not been amended to extend the inclusive dates of service. hesors, some protectione 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 !mpedent because a number of pictâct|cñs of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificâts are urged to seek qualified legai counsel to ensure that all rights geare teed to Service members under the SCRA are protected WARNING: This cértificate was provided based on a last name, SSN/dete of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. 3 of 3