On September 03, 2021 a
Party Statement
was filed
involving a dispute between
Capital One, N.A.,
and
Bernadine Dukes,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 12/02/2021 01:17 PM INDEX NO. 812286/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/02/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
---------------------------------------X
CAPITAL ONE, N.A.
Plaintiff, INDEX NO: 812286/2021
FILE NO: 0808B 397563
-against- AFFIDAVIT OF
INVESTIGATOR
BERNADINE DUKES NON-MILITARY STATUS
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)":
BERNADINE DUKES
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 ile. In response to my
inquiry it was confirmed on 11/16/21 that the efendant(s) were not in
any branch of the military service.
From the facts above set forth, I m co inced that the
Defendant(s) are not in any branch of t litary service at the
present time.
Stephanie Philps
Sworn to before me on
, -----
Notary Public
af f inonmil stephani 11/17/21
Notary Public, State of New York
so
Nicholas E. Templeton
Qualified in Queens County
No. 02TE6401232
Commission Expires Dec. 2, 2023
1 of 2
FILED: ERIE COUNTY CLERK 12/02/2021 01:17 PM INDEX NO. 812286/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/02/2021
Department of Defense *5""585°"N"¹™2¹®ª³³^M
Manpower Data Center
SCRA5.11
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-7605
Birth Date:
Last Name: DUKES
First Name: BERNADINE
Middle Name:
Status As Of: Nov-16-2021
Certificate ID: VSSCH5YSJQDYHT1
OnActiveDutyOnAckveDuty$ÏstusDate
ActiveDulyStartDate AchveDutyEndDate Status SemceComponent
NA NA No NA
Thtsresponse theiridivictuals'
rei¼cts achvedutystatusbasedoneleAchveDutyStatusDate
LeftAchveDutyWdhin
367DaysofActiveDutyStatusDate
ActwoDutyStatDate Acutc~±;E- a Status SemceComponent
Thisresponse
reflects
Where
theindividu@i
1811
activedutyshduswithin367dayspreceding
theActiveDutyStatusDale
TheMember
oni-kvi-im%Y;¼asNonfied
ofaFuture toAcuvaDutyanAcliveDutyStatusDate
ColbUp
OfderNotmcalica
StartDate OrderNot cation
F..nd
Date Status SemceComponent
NA
Thisresponse
rellects
whether
Ibsmdmdual umthasreceived
ofhisther agrlynot$cation
tomµmiimw..uve
duty
Upon searching the data banks of the Deped-,rnt of Defense Mannawar 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 informet?onon a Servicemember or his/her unit receiving n:22:±:: of future orders to report for Active Duty.
Michael V. Sorrento, Director
Departrnent of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
File #: 397563
2 of 2
Document Filed Date
December 02, 2021
Case Filing Date
September 03, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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FILED: ERIE COUNTY CLERK 12/02/2021 01:17 PM INDEX NO. 812286/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ---------------------------------------X CAPITAL ONE, N.A. Plaintiff, INDEX NO: 812286/2021 FILE NO: 0808B 397563 -against- AFFIDAVIT OF INVESTIGATOR BERNADINE DUKES NON-MILITARY STATUS 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)": BERNADINE DUKES 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 ile. In response to my inquiry it was confirmed on 11/16/21 that the efendant(s) were not in any branch of the military service. From the facts above set forth, I m co inced that the Defendant(s) are not in any branch of t litary service at the present time. Stephanie Philps Sworn to before me on , ----- Notary Public af f inonmil stephani 11/17/21 Notary Public, State of New York so Nicholas E. Templeton Qualified in Queens County No. 02TE6401232 Commission Expires Dec. 2, 2023 1 of 2 FILED: ERIE COUNTY CLERK 12/02/2021 01:17 PM INDEX NO. 812286/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/02/2021 Department of Defense *5""585°"N"¹™2¹®ª³³^M Manpower Data Center SCRA5.11 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-7605 Birth Date: Last Name: DUKES First Name: BERNADINE Middle Name: Status As Of: Nov-16-2021 Certificate ID: VSSCH5YSJQDYHT1 OnActiveDutyOnAckveDuty$ÏstusDate ActiveDulyStartDate AchveDutyEndDate Status SemceComponent NA NA No NA Thtsresponse theiridivictuals' rei¼cts achvedutystatusbasedoneleAchveDutyStatusDate LeftAchveDutyWdhin 367DaysofActiveDutyStatusDate ActwoDutyStatDate Acutc~±;E- a Status SemceComponent Thisresponse reflects Where theindividu@i 1811 activedutyshduswithin367dayspreceding theActiveDutyStatusDale TheMember oni-kvi-im%Y;¼asNonfied ofaFuture toAcuvaDutyanAcliveDutyStatusDate ColbUp OfderNotmcalica StartDate OrderNot cation F..nd Date Status SemceComponent NA Thisresponse rellects whether Ibsmdmdual umthasreceived ofhisther agrlynot$cation tomµmiimw..uve duty Upon searching the data banks of the Deped-,rnt of Defense Mannawar 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 informet?onon a Servicemember or his/her unit receiving n:22:±:: of future orders to report for Active Duty. Michael V. Sorrento, Director Departrnent of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 File #: 397563 2 of 2