FILED: MONTGOMERY COUNTY CLERK 04/15/2022 11:13 AM
`NYSCEF DOC. NO. 8
`
`INDEX NO. EF2022-9
`
`RECEIVED NYSCEF: 04/15/2022
`
`INDEX NO. EF2022-9
`
`AFFIRMATION
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONTGOMERY
`
`
`Credit Acceptance Corporation
`
`
`
`vs.
`
`
`Shelby D Dillenbeck and Lewis S Franklin
`
`Defendant(s),
`
`
`
`
`
`
`The undersigned attorney, pursuant to CPLR 2106 and under the penalties of perjury, affirms as
`follows:
`
`
`
`Plaintiff,
`
`
`
`1.
`
`I am an associate of the firm appearing as attorneys of record for the Plaintiff and am
`
`fully familiar with all of the statements submitted herein. I submit this Affirmation in support of
`the Plaintiff’s submission of a default judgment in favor of the Plaintiff and against the
`
`Defendant(s).
`This affidavit is made pursuant to the United States Soldiers and Sailor’s Relief Act of
`
`2.
`
`1940, as amended, 50 U.S.C.A. App. Secs. 501et. Seq. for the purpose of the entry of a judgment
`
`against Shelby D Dillenbeck and Lewis S Franklin , Defendant(s) in the above entitled action.
`
`3.
`
`I provided Department of Defense Manpower Data Center with the pertinent information,
`
`about the Defendant(s), such as date of birth and social security number which I know because
`
`this information was provided to us by the Plaintiff and we further verified this information in a
`credit report bearing Defendant’s(s’) name, date of birth and social security number. I requested a
`
`military investigation be conducted.
`
`4.
`
`Based upon the response I received from the Department of Defense Manpower Data
`
`Center dated 03/17/2022, I am convinced that the Defendant(s) is/are not in any branch of the
`
`United States military.
`
`
`
`Dated: March 19, 2022
`
`
`
`
`
`
`
`
`
` Joseph J. Cassotta
` Aksana Bondartseva
` Stephen Einstein
`S.E ACCT. NO. 443309
`
`
` Joseph G. Devine
`
` Stephanie R. Vetch
`
` Evridike Kollis
`
`S_J_NonMil
`
`
`
`1 of 5
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 04/15/2022 11:13 AM
`NYSCEF DOC. NO. 8
`RECEIVED NYSCEF: 04/15/2022
`Resultsasof Mar'6202208¹+57ªM
`of Defense
`Manpower
`Center
`Department
`Data
`
`INDEX NO. EF2022-9
`
`SCRA5.12
`
`Stants
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`XXX-XX-8607
`
`Birth
`
`Date:
`
`Last
`
`First
`
`Name:
`
`Name:
`
`Middle
`
`Status
`
`Name:
`
`As Of:
`
`1987
`
`FRANKLIN
`
`LEWIS
`
`S
`
`Mar-16-2022
`
`Certificate
`
`ID:
`
`CX3CWCKLFXLS40P
`
`ActiveDutyStartDate
`NA
`
`OnActiveDutyOnActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresponsereflectstheindividuals'activedutystatusbasedontheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotificationStartDate
`NA
`
`TheMemberor His/HerUnitWasNotifiedofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
`OrderNotificationEndDate
`Status
`NA
`No
`Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportforactiveduty
`
`ServiceComponent
`NA
`
`the above is the status of
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided,
`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
`for Active Duty.
`or his/her unit receiving notification of future orders to report
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`2 of 5
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 04/15/2022 11:13 AM
`RECEIVED NYSCEF: 04/15/2022
`NYSCEF DOC. NO. 8
`is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`The Defense Manpower Data Center
`(DMDC)
`Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
`
`INDEX NO. EF2022-9
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended)
`(formerly known as
`(SCRA)
`the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that
`the
`is currently on active duty"
`individual
`rate.
`In the event
`the individual
`referenced above, or any family
`responses, and has experienced only a small error
`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
`member,
`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
`If you have evidence the person
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.
`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).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether
`the individual
`This response reflects the following information:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether
`the individual or his/her unit received early notification to report
`duty on the Active Duty Status Date.
`
`left Active
`for active
`
`Status"
`
`on
`information
`"Active
`More
`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
`this includes service under a call to active service
`than 30 consecutive days in length were available.
`In the case of a member of the National Guard,
`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. AII 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).
`
`the SCRA is Broader
`in Some
`Under
`Cases
`Coverage
`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.
`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
`Furthermore,
`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
`are protected
`
`to ensure that all rights guaranteed to Service members under the SCRA
`
`WARNING:
`erroneous
`
`This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`information will cause an erroneous certificate to be provided.
`
`3 of 5
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 04/15/2022 11:13 AM
`NYSCEF DOC. NO. 8
`RECEIVED NYSCEF: 04/15/2022
`Resultsasof Mar'6202208¹+57ªM
`of Defense
`Manpower
`Center
`Department
`Data
`
`INDEX NO. EF2022-9
`
`SCRA5.12
`
`Stanis
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`XXX-XX-0397
`
`Birth
`
`Date:
`
`Last
`
`First
`
`Name:
`
`Name:
`
`Middle
`
`Status
`
`Name:
`
`As Of:
`
`1994
`
`DILLENBECK
`
`SHELBY
`
`D
`
`Mar-16-2022
`
`Certificate
`
`ID:
`
`JRHFD50LR8MGGLV
`
`ActiveDutyStartDate
`NA
`
`OnActiveDutyOnActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresponsereflectstheindividuals'activedutystatusbasedontheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotificationStartDate
`NA
`
`TheMemberor His/HerUnitWasNotifiedofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
`OrderNotificationEndDate
`Status
`NA
`No
`Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportforactiveduty
`
`ServiceComponent
`NA
`
`the above is the status of
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided,
`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
`for Active Duty.
`or his/her unit receiving notification of future orders to report
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`4 of 5
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 04/15/2022 11:13 AM
`RECEIVED NYSCEF: 04/15/2022
`NYSCEF DOC. NO. 8
`is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`The Defense Manpower Data Center
`(DMDC)
`Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
`
`INDEX NO. EF2022-9
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended)
`(formerly known as
`(SCRA)
`the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that
`the
`is currently on active duty"
`individual
`rate.
`In the event
`the individual
`referenced above, or any family
`responses, and has experienced only a small error
`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
`member,
`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
`If you have evidence the person
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.
`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).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether
`the individual
`This response reflects the following information:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether
`the individual or his/her unit received early notification to report
`duty on the Active Duty Status Date.
`
`left Active
`for active
`
`Status"
`
`on
`information
`"Active
`More
`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
`this includes service under a call to active service
`than 30 consecutive days in length were available.
`In the case of a member of the National Guard,
`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. AII 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).
`
`the SCRA is Broader
`in Some
`Under
`Cases
`Coverage
`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.
`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
`Furthermore,
`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
`are protected
`
`to ensure that all rights guaranteed to Service members under the SCRA
`
`WARNING:
`erroneous
`
`This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`information will cause an erroneous certificate to be provided.
`
`5 of 5
`
`