On May 20, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Bank America N A,
and
Wayne P Wiedemann,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Cattaraugus County.
Preview
FILED: CATTARAUGUS COUNTY CLERK 01/04/2022 04:55 PM INDEX NO. 88125
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/04/2022
*000006186134*
000006186134
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1290142
COUNTY OF CATTARAUGUS S 009
----------------------------------------
BANK OF AMERICA, N.A.
Plaintiff
-against- NON-MILITARY
AFFIRMATION
WAYNE P WIEDEMANN
Index No. 88125
Defendant(s)
----------------------------------------
The undersigned, an attorney admitted to practice in the State of
New York, associated with the attorneys for plaintiff, affirms the
following to be true under penalties of perjury:
1. This affirmation is made pursuant to the Servicemembers
Civil Relief Act in support of plaintiff's application to enter judgment
against defendant, WAYNE P WIEDEMANN
2. On 1/03/22 , an electronic request was made by this firm to a
website maintained by the Department of Defense Manpower Data Center
requesting the defendant's military status. The request included the said
defendant's social security number or date of birth. This information
was provided to plaintiff's attorney by the plaintiff.
3. The attached military status report was printed from the web-
site on the said date and indicates that the said defendant is not
currently on active duty.
Dated: __________________
1-3-2022
Islandia, New York
_______________________
AARON DEACON
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FILED: CATTARAUGUS COUNTY CLERK 01/04/2022 04:55 PM INDEX NO. 88125
NYSCEF DOC. NO. 24 RECEIVEDResults
NYSCEF: 01/04/2022
as of : Jan-03-2022
09:55:48AM
Department of Defense Manpower Data Center
SCRA5.11
Status Repon
Pttrsuant to Servicememben Civil Relief Act
.....
SSN:
Birth Date:
Last Name: WIEDEMANN
First Name: WAYNE
Middle Name: P
Status As Of: Jan-03-2022
Certificate ID: 16DX099VPF4TCDP
OnActiveDutyon ActiveDutystatusDate
ActiveOptyStartDate Activeputy EndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectsthe mdividuals'
activedutystatusbasedonthe ActiveOptyStatusDate
LeftActiveDutyWithin367Daysof ActiveDutyStatusDate
ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectswherethe individualleftactivedutystatuswithm367daysprecedingtheActiveDutyStatusDate
TheMornberor His/HerUnitWasNottfiedof a FutureCall-Upto Activeputyon ActiveputyStatuspate
OrderNottfication
start Date OrderNotstcation
EndDate $tatus $erviceComponent
NA NA No NA
Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty
' -
Upon sear:Eq the data banks of the Depadment of Defense MaGpov.ac Data Center, based on the ": =L that you provided, the above is the status of
the h:dividua! on the active duty status date as to all inwiubve of the Un!fermed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes |nformation on a Serf!rr- or his/her unit receiving n =i;e of future orders to repod for Active Duty.
Michael V. Sorrento, Director
Depaitinei t of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
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FILED: CATTARAUGUS COUNTY CLERK 01/04/2022 04:55 PM INDEX NO. 88125
NYSCEF DOC. NO. 24
The Defense Manpower Data
RECEIVED NYSCEF: 01/04/2022
Center (DMDC) is an ciganizatice of the Department of Defense (DoD) that iiia|iiia;m the Defense Enrollment and E||gibi||ty
Repoding System (DEERS) driebase which is the official source of data on eligibility for military medical care and other eligibility systems
The DoD strongly suppods the enforcement of the Service--%rs Civil Relief Act (50 USC App. § 3901 et seq, as an +ñJ.-J) (SCRA) (formerly known as
Soldiers' Sailors'
the and Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any -ai;un indicating that the
duty"
..J is currently on active responses, and has p ed only a small error rate. In the event the |iid|v|dwa| referenced above, or any family
member, friend, or representative asseds in any manner that the dea| was on active duty for the active duty status date, or is otherwise entitled to the
prc±=ct!cns of the SCRA, you are strongly en. eüraged to obtain fudher v-i;i;cat|sn of the person's status by contacting that person's Service. Service contact
!ñferms.den can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evideilue the person
"" -'
was on active duty for the active duty status date and you fail to obtain this Service =i;w::, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following liifsiiiiat|sii: (1) The ind!v!dua!'s Active Duty status on the Active Duty Status Date (2) Whether the ;::d e; left Active
status within 367 days the Active Status Date Whether the individua| or his/her unit r::s|ved n - n to repod for active
Duty preced|ng Duty (3) early
duty on the Active Duty Status Date.
Status"
More information on "Active
Duty
Active duty status as repoded in this cedificate is defined in = =:: e with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecUt!ve 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 purpsses of responding to a national emergency declared by the
President and suppoited by Federal funds. All Active Guard Reserve (AGR) members must be ass!gned against an sutharized mob|||zation position in the
unit they suppod. This includes Navy Training and Adm!n!stration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Adm!n!ëm!= (RPAs). Active Duty status also applies to a Un|forined Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Comm!ss|cned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some oai-gsiles of persons on active duty for purpos=s of the SCRA who would not be
repoded as on Active Duty under this o-,i;i;oai-. SCRA protecticils are for Title 10 and Title 14 active duty records for all the ¹_¹n!'c"==d 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 aiTieiided to extend the period of active duty, which would extend SCRA p. Persons seeking to rely on this website
cei1|f|cation should check to make sure the orders on which SCRA pr es are based have not been seen '·-- to extend the inc!us!ve dates of service.
some protections of the SCRA may extend to persons who have rece!ved orders to repod for active duty or to be inducted, but who have not
Füit|isiiiisis,
actually begun active duty or actually repoded for indedion The Last Date on Active Duty entry is li poitaiit because a number of pratsct|Gns of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this ceitificate are urged to seek qualified legal counsel to ensure that all rights gusrsntsed to Service members under the SCRA
are protected
WARNING: This weii;i;oaie was provided based on a last name, SSN/date of bidh, and active duty status date p: !ded by the isqüêster. Providing
erroneous !nformation will cause an erroneous cedificate to be provided.
3 of 3
Document Filed Date
January 04, 2022
Case Filing Date
May 20, 2019
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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