Preview
FILED: MONROE COUNTY CLERK 04/25/2024 12:41 PM INDEX NO. E2024004625
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3840338
Book Page CIVIL
Return To: No. Pages: 5
JEFFREY MICHAEL PARRELLA
14 Wall Street Instrument: AFFIRMATION
20th Floor
New York, NY 10005 Control #: 202404250947
Index #: E2024004625
Date: 04/25/2024
PROSPERUM CAPITAL PARTNERS LLC DBA ARSENAL Time: 12:42:13 PM
FUNDING
METCALF ANTIQUE MALL LLC DBA METCALF
ANTIQUE MALL
ROWLAND, ANDREW T
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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FILED: MONROE COUNTY CLERK 04/25/2024 12:41 PM
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
---------------------------------------------------------------x INDEX NO.: E2024004625
PROSPERUM CAPITAL PARTNERS LLC
DBA ARSENAL FUNDING,
Plaintiff,
AFFIRMATION OF
NON-MILITARY SERVICE
-against-
METCALF ANTIQUE MALL LLC
DBA METCALF ANTIQUE MALL,
and ANDREW T ROWLAND,
Defendant(s).
---------------------------------------------------------------x
State of New York :
: ss:
County of New York:
Jeffrey Parrella, Esq., an attorney duly admitted to practice law in the Courts of New York
State affirms under the penalty of perjury and says:
1. I am familiar with the Soldiers and Sailors Act of 1940, as amended (SCRA) and I make
this affirmation pursuant thereto.
2. On April 25, 2024, I caused an investigation to be made with the Department of Defense,
Defense Manpower Data Center (hereinafter referred to as the “DMDC”) to ascertain if
the individual Defendant herein, ANDREW T ROWLAND (hereinafter referred to as the
“Defendant”) is currently in the military service as defined by the Act.
3. Said investigation was made by providing to the DMDC Defendant’s Social Security
number previously provided to the Plaintiff and confirmed to be true on Defendant’s credit
reports. According to DMDC’s responses attached hereto, Defendant is not presently in
the military service of the United States or of any State of the United States.
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024
4. Based on said DMDC’s responses, it does not appear that Defendant is presently in the
military of the United States or of any State of the United States or been ordered to report
for induction under the Selective Training and Service Act of 1940, as amended.
Dated: New York, New York
April 25, 2024
AWN&R Commercial Law Group, PLLC
Attorneys for Plaintiff
By:__________________
Jeffrey Parrella, Esq.
14 Wall Street, 20th Floor
New York, NY 10005
718-233-2916
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NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024
Department of Defense Manpower Data Center Results as of : Apr-25-2024 12:25:27 PM
SCRA 5.19
SSN: XXX-XX-6010
Birth Date:
Last Name: ROWLAND
First Name: ANDREW
Middle Name: T
Status As Of: Apr-25-2024
Certificate ID: 1HF0TPCW64ML155
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower 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, Space 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.
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
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The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment 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 enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' 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 encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
information 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 information: (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 notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
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 emergency 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
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 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.
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Preview
FILED: MONROE COUNTY CLERK 04/25/2024 12:41 PM INDEX NO. E2024004625 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3840338 Book Page CIVIL Return To: No. Pages: 5 JEFFREY MICHAEL PARRELLA 14 Wall Street Instrument: AFFIRMATION 20th Floor New York, NY 10005 Control #: 202404250947 Index #: E2024004625 Date: 04/25/2024 PROSPERUM CAPITAL PARTNERS LLC DBA ARSENAL Time: 12:42:13 PM FUNDING METCALF ANTIQUE MALL LLC DBA METCALF ANTIQUE MALL ROWLAND, ANDREW T Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 5 202404250947 Index # INDEX : E2024004625 NO. E2024004625 FILED: MONROE COUNTY CLERK 04/25/2024 12:41 PM NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ---------------------------------------------------------------x INDEX NO.: E2024004625 PROSPERUM CAPITAL PARTNERS LLC DBA ARSENAL FUNDING, Plaintiff, AFFIRMATION OF NON-MILITARY SERVICE -against- METCALF ANTIQUE MALL LLC DBA METCALF ANTIQUE MALL, and ANDREW T ROWLAND, Defendant(s). ---------------------------------------------------------------x State of New York : : ss: County of New York: Jeffrey Parrella, Esq., an attorney duly admitted to practice law in the Courts of New York State affirms under the penalty of perjury and says: 1. I am familiar with the Soldiers and Sailors Act of 1940, as amended (SCRA) and I make this affirmation pursuant thereto. 2. On April 25, 2024, I caused an investigation to be made with the Department of Defense, Defense Manpower Data Center (hereinafter referred to as the “DMDC”) to ascertain if the individual Defendant herein, ANDREW T ROWLAND (hereinafter referred to as the “Defendant”) is currently in the military service as defined by the Act. 3. Said investigation was made by providing to the DMDC Defendant’s Social Security number previously provided to the Plaintiff and confirmed to be true on Defendant’s credit reports. According to DMDC’s responses attached hereto, Defendant is not presently in the military service of the United States or of any State of the United States. 2 of 5 202404250947 IndexNO. INDEX #: E2024004625 E2024004625 FILED: MONROE COUNTY CLERK 04/25/2024 12:41 PM NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024 4. Based on said DMDC’s responses, it does not appear that Defendant is presently in the military of the United States or of any State of the United States or been ordered to report for induction under the Selective Training and Service Act of 1940, as amended. Dated: New York, New York April 25, 2024 AWN&R Commercial Law Group, PLLC Attorneys for Plaintiff By:__________________ Jeffrey Parrella, Esq. 14 Wall Street, 20th Floor New York, NY 10005 718-233-2916 3 of 5 202404250947 IndexNO. INDEX #: E2024004625 E2024004625 FILED: MONROE COUNTY CLERK 04/25/2024 12:41 PM NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024 Department of Defense Manpower Data Center Results as of : Apr-25-2024 12:25:27 PM SCRA 5.19 SSN: XXX-XX-6010 Birth Date: Last Name: ROWLAND First Name: ANDREW Middle Name: T Status As Of: Apr-25-2024 Certificate ID: 1HF0TPCW64ML155 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower 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, Space 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. Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 4 of 5 202404250947 IndexNO. INDEX #: E2024004625 E2024004625 FILED: MONROE COUNTY CLERK 04/25/2024 12:41 PM NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 04/25/2024 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment 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 enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' 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 encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact information 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 information: (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 notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" 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 emergency 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 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 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. 5 of 5