On February 09, 2021 a
Party Statement
was filed
involving a dispute between
Capital One Bank,
and
S And W Tours & Charters Llc,
Wayne E Lebarge,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of St. Lawrence County.
Preview
FILED: ST. LAWRENCE COUNTY CLERK 05/04/2021 10:20 AM INDEX NO. EFCV-21-159200
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/04/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ST LAWRENCE
---------------------------------------X
CAPITAL ONE BANK (USA), N.A.
Plaintiff, INDEX NO: EFCV-21-159200
FILE NO: 0808B 392465
-against- AFFIDAVIT OF
INVESTIGATOR
WAYNE E LEBARGE NON-MILITARY STATUS
5 AND W TOURS & CHARTERS LLC
Defendant(s) .
----------X
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)":
WAYNE E LEBARGE
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 04/20/21 that the Defendant(s) were not in
any branch of the military service.
From the facts above set forth, I am n inced that the
Defendant(s) are not in any branch of the mi i ary service at the
present time.
Stephan lps
Swain Lo before me on
Notary Public
ADAM HUGHES
affinonmil stephani o4/21/21
NOtary Public,State of New NOTARY
York
No.
01HU6079858
Qualified in Nassau
County
COrnmission Expires September 3, 2022
1 of 2
FILED: ST. LAWRENCE COUNTY CLERK 05/04/2021 10:20 AM INDEX NO. EFCV-21-159200
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/04/2021
Department of Dêfai½é Results 0843:19AM
asof: Apr-20-2021
Manpower Data Center
SCRA57
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-5251
Birth Date:
Last Name: LEBARGE
First Name: WAYNE
Middle Name: E
Status As Of: Apr-20-2021
Certificate ID: B1FGSVV6RMN9KYL
ActweDutyStartDate ActweDutyEndDole Status Semice
Component
NA NA No NA
Tlusresponse theindivduals'
reflects duystatusbasedontheActiveDutyStatusDale
achve
LeftAdiveDutyWithinJ6/ DaysofActrreUntyStatusUnto
. AcliveDidyEnd
ActiveDutyStartDate
.... ... _ ... . Date
.. .. . . - Status Service
CompolielÓ
Thisresponse wheretheundividual
reflects leftachve 3117
dutystatusvathin dayspreceding
theAcGve
DutySlotosDate
I ...........
TheMember UnitWasNotified
orHisfHer ofaFutureCall-Up
toAcUve
DutyonActneDutyStatusDate
OlderNotification
StartDate OrderNotiricatiort
EndDale Status SerdeeComponent
NA NA No
ThJS
FBSpDnse
rBllaCtS
whether earlynoE±k±e".--'
wetingsreceived
:|é-iüGid6.;ofNether foractweduty
Upon searching the data banks of the Deportment of Defense Marpower Data center. based on the Ed==rErn 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 (Arrny, Navy, Marine Corps. Air Force, NOAA, Public Health, and
Coast Guard). This status includes ::f:=:2:: on a Geiv|cemember or his/her unit receiving riGUficâticriof future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Mr ;:es Data Center
400 Gigling Rd.
Seaside. CA 93955
File #: 392465
2 of 2
Document Filed Date
May 04, 2021
Case Filing Date
February 09, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: ST. LAWRENCE COUNTY CLERK 05/04/2021 10:20 AM INDEX NO. EFCV-21-159200 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/04/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST LAWRENCE ---------------------------------------X CAPITAL ONE BANK (USA), N.A. Plaintiff, INDEX NO: EFCV-21-159200 FILE NO: 0808B 392465 -against- AFFIDAVIT OF INVESTIGATOR WAYNE E LEBARGE NON-MILITARY STATUS 5 AND W TOURS & CHARTERS LLC Defendant(s) . ----------X 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)": WAYNE E LEBARGE 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 04/20/21 that the Defendant(s) were not in any branch of the military service. From the facts above set forth, I am n inced that the Defendant(s) are not in any branch of the mi i ary service at the present time. Stephan lps Swain Lo before me on Notary Public ADAM HUGHES affinonmil stephani o4/21/21 NOtary Public,State of New NOTARY York No. 01HU6079858 Qualified in Nassau County COrnmission Expires September 3, 2022 1 of 2 FILED: ST. LAWRENCE COUNTY CLERK 05/04/2021 10:20 AM INDEX NO. EFCV-21-159200 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/04/2021 Department of Dêfai½é Results 0843:19AM asof: Apr-20-2021 Manpower Data Center SCRA57 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-5251 Birth Date: Last Name: LEBARGE First Name: WAYNE Middle Name: E Status As Of: Apr-20-2021 Certificate ID: B1FGSVV6RMN9KYL ActweDutyStartDate ActweDutyEndDole Status Semice Component NA NA No NA Tlusresponse theindivduals' reflects duystatusbasedontheActiveDutyStatusDale achve LeftAdiveDutyWithinJ6/ DaysofActrreUntyStatusUnto . AcliveDidyEnd ActiveDutyStartDate .... ... _ ... . Date .. .. . . - Status Service CompolielÓ Thisresponse wheretheundividual reflects leftachve 3117 dutystatusvathin dayspreceding theAcGve DutySlotosDate I ........... TheMember UnitWasNotified orHisfHer ofaFutureCall-Up toAcUve DutyonActneDutyStatusDate OlderNotification StartDate OrderNotiricatiort EndDale Status SerdeeComponent NA NA No ThJS FBSpDnse rBllaCtS whether earlynoE±k±e".--' wetingsreceived :|é-iüGid6.;ofNether foractweduty Upon searching the data banks of the Deportment of Defense Marpower Data center. based on the Ed==rErn 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 (Arrny, Navy, Marine Corps. Air Force, NOAA, Public Health, and Coast Guard). This status includes ::f:=:2:: on a Geiv|cemember or his/her unit receiving riGUficâticriof future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Mr ;:es Data Center 400 Gigling Rd. Seaside. CA 93955 File #: 392465 2 of 2