On August 20, 2021 a
Party Statement
was filed
involving a dispute between
Bank Of America, N.A.,
and
Heather Clouser,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Montgomery County.
Preview
FILED: MONTGOMERY COUNTY CLERK 10/22/2021 11:01 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/22/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONTGOMERY
-------------------------------------------------X
Bank o f Ameri ca , N.A. DOCKET#: EF2021-598
Plaintiff , MJRF#: 02139258
-Against-
HEATHER CLOUSER
Defendant(s) ATTORNEYAFFIRMATION
-------------------------------------------------X
State of NEW YORK )
) ss.:
County of NASSAU )
The undersigned, attorney at law of State of New York affirms that I am:
JONATHAN VALLE,attorney of record for the Plaintiff in the above entitled action and am
fully familiar with all the proceeding had herein.
1. I am over the age of 18 and employed at 6851 Jericho Turnpike, Ste 220,PO Box
9036,Syosset,New York 11791-9036
2. This affidavit is made pursurant to the United States Servicemembers Civil Relief Act,
as amended, 50 U.S.C.Secs.3901 et seq. for the purpose of the entry of a judgment against
HEATHER CLOUSER defendant in the above entitled action.
3. I provided the Department of Defense Manpower Data Center service with the pertinent
information for the above defendant HEATHER CLOUSER such as date of birth and/or social
security number which I know because of my legal file. I requested a military
investigation be conducted.
4. Based upon the response I received from the Department of Defense Manpower Data Center
dated 10/20/21 from Michael V. Sorrento, DIRECTOR,I am convinced that the defendant is
not on active duty in any branch of the United States Military.
The undersigned, an attorney admitted to practice in the court of the State of New York,
hereby affirms that the forgoing statement subscribed to by the undersigned is true under
the penalties of perjury.
Affirmed to be true under the
penalties of perfury pursuant
to CPLR 2106, on
OCT 2 1 202
JO HAN VALLE
Ow
1 of 3
FILED: MONTGOMERY COUNTY CLERK 10/22/2021 11:01 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/22/2021
R°""" a °' °°t2*²°2'° '*²5 AM
Department of Defense Manpower Data Center
SCRA5.10
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN:
Birth Date:
Last Name: CLOUSER
First Name: HEATHER
Middle Name:
Status As Of: Oct-20-2021
Certificate ID: 64271M14208KZH6
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponseredeclstheindividuals'
activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDale ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponse wheretheindividual
reflects leftactivedutystatuswilhin367dayspreceding
theActiveDutyStatusDate
orHIs/HerUnitWasNolified
TheMember p toActiveDutyonActiveDutyStatusDate
ofa FutureCall-U
StartDate
OrderNotification OrderNotification
EndDale Status ServiceCornponent
NA NA No NA
Thisresponse
reflectswhethertheÏndividualor
his/herunithasreceived toreportforactiveduty
earlynoti6cation
Upon searching the data banks of the Dêpartiiisiit of Defense Manpower Data Center, based on the |iifs,iiia:|s . 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
2 of 3
FILED: MONTGOMERY COUNTY CLERK 10/22/2021 11:01 AM INDEX NO. EF2021-598
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/22/2021
The Defense ‰npüwar Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reperting 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 safarcernest of the Servicemembers Civil Relief Act (50 USC 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 information indicating that the
individual is currently on active duty" 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 individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly ancGurãged to obtain further verification of the person's status by contacting that person's Service. Service contact
inferetion can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.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 inic,-ñâticñ: (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 individual or his/her unit received early net!0st!en 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 accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive 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 purposes of responding to a national érñérgéñcy declared by the
President and supported 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 Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned 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 protections are 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 protections. Persons seeking to rely on this website
ced!EcMien should check to make sure the orders on which SCRA prõtecticñs are based have not been amended to extend the inclusive dates of service.
unhõrracr6, some protections 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 legal counsel to ensure that all rights guaranteed 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.
3 of 3
Document Filed Date
October 22, 2021
Case Filing Date
August 20, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: MONTGOMERY COUNTY CLERK 10/22/2021 11:01 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/22/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY -------------------------------------------------X Bank o f Ameri ca , N.A. DOCKET#: EF2021-598 Plaintiff , MJRF#: 02139258 -Against- HEATHER CLOUSER Defendant(s) ATTORNEYAFFIRMATION -------------------------------------------------X State of NEW YORK ) ) ss.: County of NASSAU ) The undersigned, attorney at law of State of New York affirms that I am: JONATHAN VALLE,attorney of record for the Plaintiff in the above entitled action and am fully familiar with all the proceeding had herein. 1. I am over the age of 18 and employed at 6851 Jericho Turnpike, Ste 220,PO Box 9036,Syosset,New York 11791-9036 2. This affidavit is made pursurant to the United States Servicemembers Civil Relief Act, as amended, 50 U.S.C.Secs.3901 et seq. for the purpose of the entry of a judgment against HEATHER CLOUSER defendant in the above entitled action. 3. I provided the Department of Defense Manpower Data Center service with the pertinent information for the above defendant HEATHER CLOUSER such as date of birth and/or social security number which I know because of my legal file. I requested a military investigation be conducted. 4. Based upon the response I received from the Department of Defense Manpower Data Center dated 10/20/21 from Michael V. Sorrento, DIRECTOR,I am convinced that the defendant is not on active duty in any branch of the United States Military. The undersigned, an attorney admitted to practice in the court of the State of New York, hereby affirms that the forgoing statement subscribed to by the undersigned is true under the penalties of perjury. Affirmed to be true under the penalties of perfury pursuant to CPLR 2106, on OCT 2 1 202 JO HAN VALLE Ow 1 of 3 FILED: MONTGOMERY COUNTY CLERK 10/22/2021 11:01 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/22/2021 R°""" a °' °°t2*²°2'° '*²5 AM Department of Defense Manpower Data Center SCRA5.10 Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: CLOUSER First Name: HEATHER Middle Name: Status As Of: Oct-20-2021 Certificate ID: 64271M14208KZH6 OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponseredeclstheindividuals' activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDale ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponse wheretheindividual reflects leftactivedutystatuswilhin367dayspreceding theActiveDutyStatusDate orHIs/HerUnitWasNolified TheMember p toActiveDutyonActiveDutyStatusDate ofa FutureCall-U StartDate OrderNotification OrderNotification EndDale Status ServiceCornponent NA NA No NA Thisresponse reflectswhethertheÏndividualor his/herunithasreceived toreportforactiveduty earlynoti6cation Upon searching the data banks of the Dêpartiiisiit of Defense Manpower Data Center, based on the |iifs,iiia:|s . 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 2 of 3 FILED: MONTGOMERY COUNTY CLERK 10/22/2021 11:01 AM INDEX NO. EF2021-598 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/22/2021 The Defense ‰npüwar Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reperting 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 safarcernest of the Servicemembers Civil Relief Act (50 USC 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 information indicating that the individual is currently on active duty" 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 individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly ancGurãged to obtain further verification of the person's status by contacting that person's Service. Service contact inferetion can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.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 inic,-ñâticñ: (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 individual or his/her unit received early net!0st!en 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 accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive 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 purposes of responding to a national érñérgéñcy declared by the President and supported 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 Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned 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 protections are 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 protections. Persons seeking to rely on this website ced!EcMien should check to make sure the orders on which SCRA prõtecticñs are based have not been amended to extend the inclusive dates of service. unhõrracr6, some protections 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 legal counsel to ensure that all rights guaranteed 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. 3 of 3