Cavalry SPV I, LLC vs David G Bendickson, 56-CV-24-407, 22022024_Affidavit of Identification of Judgment Debtor_0 (Minnesota State, Otter Tail County, District Court Feb. 22, 2024) (2024)

`

`56-CV-24-407
`
`f
`
`l
`
`l rs e
`g l
`aW m '
`f-
`
`I
`
`Corresmndence & Payments:
`6681 Country Club Drive
`Golden Valley. MN 55427
`
`I P-C-
`
`(877)
`:78-2302 :hone
`50-6335
`877
`'szoo'a.m.t07;ooi.xm.CT
`
`Filed in District Court
`State of Minnesota
`2/22/2024 4:14 AM
`
`www.gurstel.com
`
`Offices In Arizona, California, Iowa,
`Minnesota. Nebraska. Nevada,
`Utah, Wisconsin and Wyoming
`
`February 20, 2024
`
`David G Bendickson
`24588 County Highway 5
`Homing MN 56551-9431
`
`RE:
`
`Cavalry SPV I, LLC
`VS. David G Bendickson aka David B
`Our File: 1585327
`Court File: 56-CO-23-263
`
`Dear Sir or Madam:
`
`Enclosed and served upon you:
`
`1.
`
`Affidavit of Identification.
`
`Please contact our office with any questions or concerns.
`
`This communication is from a debt collector. This is an attempt to collect a debt and any
`information obtained will be used for that purpose.
`
`Sincerely,
`GURSTEL LAW FIRM, P.C.
`
`Enclosures
`
`

`

`56-CV-24-407
`
`Filed in District Court
`State of Minnesota
`2/22/2024 4:14 AM
`
`DISTRICT COURT
`
`JUDICIAL DISTRICT
`
`Court File: 56-CO-23—263
`
`AFFIDAVIT OF IDENTIFICATION
`OF JUDGMENT DEBTOR
`
`STATE OF MINNESOTA
`
`COUNTY OF OTTER TAIL
`
`Cavalry SPV I, LLC,
`
`Plaintiff,
`
`VS-
`David G Bendickson aka David B,
`Defendant
`
`STATE OF MINNESOTA)
`) ss.
`COUNTY OF HENNEPIN)
`
`The undersigned, being duly sworn, deposes and says; that s/he is one of the attorneys for
`the Judgment Creditor, Plaintiff above-named, and that to the best of his/her knowledge,
`information, and belief, the full name of the Judgment Debtor in the above-entitled action is as
`follows:
`David G Bendickson aka David B
`
`and that the business and occupation of said judgment debtor is as follows: unknown.
`
`that the present residence is: 24588 County Highway 5, Henning MN 56551-9431.
`
`That place of business is as follows: unknown.
`
`That post office address is as follows: unknown.
`
`Afflant further states that defendant, David G Bendickson aka David B, above named, is not
`now, as affiant verily believes, in the military service of the United States pursuant to the
`Military Status Report, attached hereto, issued by the Department of Defense Manpower Data
`Center. This affidavit is made in compliance with the Servicemembers Civil Relief Act.
`
`The above statement of claim is true and correct to the best of my knowledge.
`
`

`

`56-CV-24-407
`
`Filed in District Court
`State of Minnesota
`2/22/2024 4:14 AM
`
`I declare under penalty of perjury that everything I hve stted in this document is true and
`correct. Minn Stat. § 358.116.
`February £1 ,2024.
`
`GURSTEL LAW FI
`
`.
`
`by
`(M52)
`Amy M.
`eenan (#400103)
`Kelly
`Lori
`ambourian (#04023 61)
`Amanda M. Larson (#3 88651) _
`Aaron M. Robison (#0402179) _
`Tyler Spillman (#0504360)
`Jordan Lippert (#0402733)
`
`Attorneys for Plaintiff
`6681 Country Club Drive
`Golden Valley, Minnesota 55427
`Telephone: (877) 778-2302
`Fax: (763) 267—6777
`
`

`

`56-CV-24-407
`
`Department of Defense Manpower Data Center
`~l u,
`
`x"
`
`'1
`
`Stems Report
`Pursuant to Servicemembers Civil ReliefAct
`
`'4
`
`-~--:
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`BENDICKSON
`DAVID
`G
`Feb-20-2024
`
`Active Duty Start Date
`NA
`
`Active Duty Start Date
`NA
`
`On Adm- Duty On Active Duty Status Date
`Active Duty End Date
`NA
`am. up ,5
`
`Sum
`No
`active Walt-taw on "Active Dutysmtus Date
`
`,
`
`Left Actlve Duty Within 367 Day- otAwv. Duty Sums DI!»
`Stutui
`Aotlve Duty End Date
`No
`NA
`
`This response reflects "In the lnlthnl lefl awveiwsutus MM 367 days preceding the Active Duty Status Date
`
`.
`
`Order McMahon sun Dita
`NA
`
`.
`\
`The Member or Hm: Unit Was Not!!!" at a Future Call-Up comm; Duty on Actrvo Duty Status Date
`Stan"
`OM" Notification End Data
`No
`NA
`This response reflects whether the individual or his/her unit has received early notification to report for active duty
`
`Filed in District Court
`State of Minnesota
`2/22/2024 4:14 AM
`Results as at: Feb-20-2024 05:28:09 AM
`
`SCRA 5.18
`
`Samoa Comm
`NA
`
`5cm Wm
`
`NA
`
`Service Comomom
`NA
`
`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.
`
`Sm amgw
`
`Sam Yousefzadeh, Director
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Alexandria, VA 22350
`
`File#: 1585327
`
`

`

`Filed in District Court
`State of Minnesota
`2/22/2024 4:14 AM
`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.
`
`56-CV-24-407
`
`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 (035) via this URL: https:l/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).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
`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 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
`ln the case of a member of the National Guard, this includes service under a call to active service
`than 30 consecutive days in length were available.
`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.
`
`