On March 15, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Jefferson Capital Systems Llc,
and
Tiffany Stevens,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Cortland County.
Preview
FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022
"E"
EXHIBIT
223 1208
EF21-130
01/18/2022 02:03:14 PM
Pages 5
E zabeth Larkin, County Clerk
FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
-----------------------------------X Index No. EF21-130
JEFFERSON CAPITAL SYSTEMS, LLC
Plaintiff,
-against- NON-MILITARY
AFFIRMATION
TIFFANY STEVENS
Defendant(s). F&G File No. DLVS1109259
-----------------------------------X
Edward J. Damsky, Esq., an attorney duly admitted to practice in
the Courts of this state, affirms the following to be true under the
penalties of perjury:
1. I am associated with Forster & Garbus, LLP, the attorneys for
the Plaintiff, and I am fully familiar with the facts set forth in
this affirmation based upon my personal knowledge or review of the
file maintained by our office with respect to this action.
2. This affirmation is made pursuant to the Servicemembers Civil
Relief Act (SCRA) 50 U.S.C. Section 3931 for the purpose of the entry
of judgment against Tiffany Stevens, Defendant in the above-entitled
action.
3. Affirmant's office provided the Department of Defense with the
pertinent information about the Defendant(s), such as date(s) of birth
and/or social security number(s), said information was communicated by
Plaintiff at the time this account was referred to our office.
4. Based upon the response received from the Department of Defense
Manpower Data Center dated December 29, 2021, I m onv'nced that the
Defendant(s) is/are not on Active Duty Sta 'n a b anch of the
United States Military.
Dated: Commack, New York
December 29, 2021 J. Damsky, Esq
FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022
Department of Defense Manpower Data Center Restitsasof: Dec-29-2021
03:58.20
PM
SCRAS.11
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9678
Birth Date:
Last Name: STEVENS
First Name: TIFFANY
Middle Name:
Status As Of: Dec-29-2021
Certificate ID: 4VRDL3FGGXBZKLR
OnActiveDutyOnAc6veDutyStatusDate
DutyStartDate
AcGve AcWeDutyEndDate S.atus Se^?eCep^nent
NA NA No NA
Ek res~=?er ds theMvidua s'ac6vedutystabsbasedontheActiveDtAyStatusDate
LeftActiveDutyWthin367DaysofActiveDutyS tusDate
Ache DutyStartDate Athe DutyEndDate Status ServiceComponent
: ::ç =: r:"actswheretheMvMualfeftactivedutystateswithin367dayaprece6ng
theActiveDutyStatusDate
TheMember
w Hi9h U,itWasNonfedofa FutureCal-Up toAc6veDutyonActiveDotyStatusDate
OrderNotification
StartDate OrderNo66cation
EndDate States ServiceComponent
NA NA No NA
Thisresponse
reHects theWfnhl orhWherunithasreceh-ed
whether toreportforaceveduty
earlynoS6cation
Upon searching the data banks of the DepadT.ent of Defense Manpower Data Center, based on the !rf~ =Mr that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniforrned Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes !::'e:::ëtic on a 86iv‰½r it,6. or his/her unit receiving ñét!EWeñ of future orders to report for Active Duty.
Michael V. Sorrento, Director
Depedment of Defense - Mañpswer Data Center
400 Gigling Rd.
Seaside, CA 93955
FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022
The Defense Men~=er Data Center (DMDC) is an orgenizefen of the Department of Defense (DoD) that mainte!ns the Defense Eñro"rñéñt 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 e -ent of the 3 d- a Civil Relief Act (50 t)SC App. § 3901 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 infers:ttñ indicating that the
duty"
individual is currently on active 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 individuai was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly enmuraged to obtain further verification of the person's status by contacting that person's Service. Service contact
Mr±a 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 !ñfciscEcñ: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days presding the Active Duty Status Date (3) Whether the individual or his/her unit received early ovihiium 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 ~~a- with 10 USC § 101(d) (1). Prior to 2010 oniy some of the active duty periods less
than 30 ccñ3écütive days in fength 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 -e-f deciared by the
President and suppMed 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 AC-.M±n of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Admin!±ctor (RPAs). Active Duty status also applies to a Iin1rnrmad Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Adm!n!±ofen (NOAA Amweeh~1 Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some voiwva of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protetions are for Title 10 and Title 14 active duty records for an 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 protetions 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 iegal counsel to ensure that ali rights güõrâñteed 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.
Document Filed Date
January 18, 2022
Case Filing Date
March 15, 2021
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022 "E" EXHIBIT 223 1208 EF21-130 01/18/2022 02:03:14 PM Pages 5 E zabeth Larkin, County Clerk FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND -----------------------------------X Index No. EF21-130 JEFFERSON CAPITAL SYSTEMS, LLC Plaintiff, -against- NON-MILITARY AFFIRMATION TIFFANY STEVENS Defendant(s). F&G File No. DLVS1109259 -----------------------------------X Edward J. Damsky, Esq., an attorney duly admitted to practice in the Courts of this state, affirms the following to be true under the penalties of perjury: 1. I am associated with Forster & Garbus, LLP, the attorneys for the Plaintiff, and I am fully familiar with the facts set forth in this affirmation based upon my personal knowledge or review of the file maintained by our office with respect to this action. 2. This affirmation is made pursuant to the Servicemembers Civil Relief Act (SCRA) 50 U.S.C. Section 3931 for the purpose of the entry of judgment against Tiffany Stevens, Defendant in the above-entitled action. 3. Affirmant's office provided the Department of Defense with the pertinent information about the Defendant(s), such as date(s) of birth and/or social security number(s), said information was communicated by Plaintiff at the time this account was referred to our office. 4. Based upon the response received from the Department of Defense Manpower Data Center dated December 29, 2021, I m onv'nced that the Defendant(s) is/are not on Active Duty Sta 'n a b anch of the United States Military. Dated: Commack, New York December 29, 2021 J. Damsky, Esq FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022 Department of Defense Manpower Data Center Restitsasof: Dec-29-2021 03:58.20 PM SCRAS.11 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9678 Birth Date: Last Name: STEVENS First Name: TIFFANY Middle Name: Status As Of: Dec-29-2021 Certificate ID: 4VRDL3FGGXBZKLR OnActiveDutyOnAc6veDutyStatusDate DutyStartDate AcGve AcWeDutyEndDate S.atus Se^?eCep^nent NA NA No NA Ek res~=?er ds theMvidua s'ac6vedutystabsbasedontheActiveDtAyStatusDate LeftActiveDutyWthin367DaysofActiveDutyS tusDate Ache DutyStartDate Athe DutyEndDate Status ServiceComponent : ::ç =: r:"actswheretheMvMualfeftactivedutystateswithin367dayaprece6ng theActiveDutyStatusDate TheMember w Hi9h U,itWasNonfedofa FutureCal-Up toAc6veDutyonActiveDotyStatusDate OrderNotification StartDate OrderNo66cation EndDate States ServiceComponent NA NA No NA Thisresponse reHects theWfnhl orhWherunithasreceh-ed whether toreportforaceveduty earlynoS6cation Upon searching the data banks of the DepadT.ent of Defense Manpower Data Center, based on the !rf~ =Mr that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniforrned Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes !::'e:::ëtic on a 86iv‰½r it,6. or his/her unit receiving ñét!EWeñ of future orders to report for Active Duty. Michael V. Sorrento, Director Depedment of Defense - Mañpswer Data Center 400 Gigling Rd. Seaside, CA 93955 FILED: CORTLAND COUNTY CLERK 01/18/2022 02:03 PM INDEX NO. EF21-130 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/18/2022 The Defense Men~=er Data Center (DMDC) is an orgenizefen of the Department of Defense (DoD) that mainte!ns the Defense Eñro"rñéñt 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 e -ent of the 3 d- a Civil Relief Act (50 t)SC App. § 3901 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 infers:ttñ indicating that the duty" individual is currently on active 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 individuai was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly enmuraged to obtain further verification of the person's status by contacting that person's Service. Service contact Mr±a 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 !ñfciscEcñ: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days presding the Active Duty Status Date (3) Whether the individual or his/her unit received early ovihiium 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 ~~a- with 10 USC § 101(d) (1). Prior to 2010 oniy some of the active duty periods less than 30 ccñ3écütive days in fength 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 -e-f deciared by the President and suppMed 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 AC-.M±n of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Admin!±ctor (RPAs). Active Duty status also applies to a Iin1rnrmad Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Adm!n!±ofen (NOAA Amweeh~1 Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some voiwva of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protetions are for Title 10 and Title 14 active duty records for an 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 protetions 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 iegal counsel to ensure that ali rights güõrâñteed 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.