Preview
FILED: MADISON COUNTY CLERK 09/16/2022 11:09 AM INDEX NO. EF2022-1380
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MADISON
DISCOVER BANK,
Plaintiff,
Index No. EF2022-1380
vs.
AFEIDAVIT OF MILITARY
RICHARD T ONOFRIETTI, INVESTIGATION
Defendant.
THE UNDERSIGNED, hereby affirms the following to be true under penalties of perjury,
pursuant to the Servicemembers Civil Relief Act:
1. I am an attorney at law, licensed to practice in the State of New York.
2. I am over the age of 18 and I am an employee of the law firm of Zwicker &
Associates, P.C., attorneys for the Plaintiff.
3. I believe that the Defendant, RICHARD T ONOFRIETTI, is not currently in the
military service, based on the results of a query to the Department of Defense
Manpower Data Center, by the office of Zwicker & Associates, P.C., using
Defendant's name and date of birth or social security number as reflected in
Plaintiff's records. A copy of the results of that query is attached hereto.
[ ] J N P. VERHAGEN, ESQ.
[ ]JOSEPH JAKAS, ESQ.
ELIZABETH CLARKE, ESQ.
[ ] STEPHANIE MAIDA, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged inDebt Collection
100 CORPORATE WOODS, SUITE 230
ROCHESTER, NY 14623
(585)427-0482
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FILED: MADISON COUNTY CLERK 09/16/2022 11:09 AM INDEX NO. EF2022-1380
NYSCEF DOC. NO. 13 Resultsasof
RECEIVED : Sep-12-2022
NYSCEF: 09:02:53AM
09/16/2022
Department of Defense Manpower Data Center
SCRA5.14
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: ONOFRIETTI
First Name: RICHARD
Middle Name: T
Status As Of: Sep-12-2022
Certificate ID: DFLF959611MRDXC
OnAcdveDutyOnActi e ÚutyStatusDate
ActiveDufy StartDate AcÏÑ utyEndP'atH Status ;. ServiceCw ponent
NA NÂ o NA
Thisresponsereflect he individuals'adtivedutystatusbasedontheAct
DutyStatusDate
LeftActiveouty Within
DaysofActi e DutyStatusDate
Duty StartDate ActiveDutyEndDate Status . ServiceComponent
NA IA No NA
)erethein
Thisresponsereflects dualleftactiveluty-saluswithin*367daysprecedig th
úctiveDutyStatusDate
TheMemberor His/HerUnitWasNotifiedof a FutureCall-UptoA
ve DutyonActiveDutyStatusDate
.
OrderNotificationStartDate Orde lificationEndÖ e Status 7. ServiceCornponent
NA NA ' o . NA
Thisresponsereflectswhetherthe
di u or.his/herunithas eceivedea I
o cationto reportfor activeduty
Upon Searching thedata banks of the Departmentof DefenseManpower Data Center,based on theinformationthatyouprovided,the above is the status
of
on the
the individual activedutystatusdate asto branches
all ofthe UniformedServices (Army,Navy, Marine Corps,AirForce,NOAA, PublicHealth,and
Coast Guard). This statusincludesinformationon a Servicemember or his/her
unitreceivingnotification
of future
ordersto report
for Active
Duty.
MichaelV. Sorrento,Director
Department of Defense- Manpower Data Center
400 GiglingRd.
Seaside, CA 93955
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FILED: MADISON COUNTY CLERK 09/16/2022 11:09 AM INDEX NO. EF2022-1380
NYSCEF
The DOC.
Defense NO.
Manpower 13
Data Center (DMDC) is an organization
of theDepartment of Defense(DoD) thatmaintains RECEIVED
the Defense NYSCEF:
Enrollmentand 09/16/2022
Eligibility
ReportingSystem (DEERS) database which is the official
source of data for military
on eligibility medical careand other systems.
eligibility
The DoD supports
strongly the enforcementof the Servicemembers Civil
Relief
Act (50 USC App. § 3901 et seq,
as amended) (SCRA) (formerlyknown as
Soldiers' Sailors'
the and CivilRelief
Act of 1940).
DMDC has issuedhundreds of thousandsof "doesnot possessany information that the
indicating
duty"
individual on active
is currently responses,and has experiencedonlya smallerrorrate.In the event
the referenced
individual above, or any family
member, friend, asserts
or representative in anymanner was
that the individual on active
dutyfor the active
dutystatusdate,or is otherwise
entitled
to the
of the SCRA,
protections you are strongly
encouraged to obtain
furtherverification
of theperson'sstatus that
by contacting person'sService.Servicecontact
informationcanbe found on theSCRA website's
FAQ page (Q35) via this
URL: https://scra.dmdc.osd.mil/scra/#/faqs.
If you
have evidencethe person
was on activedutyfor theactivedutystatusdate and you fail to obtainadditional
this Service punitive
verification, provisionsof the SCRA may be invoked
againstyou. See 50 USC App. § 3921(c).
Thisresponse reflectsthe following
information:
(1) The Active
individual's Dutystatuson the ActiveDutyStatus Date(2) Whether left Active
the individual
Duty statuswithin
367 days preceding the Active
Duty StatusDate (3) Whetherthe individual
or his/her
unit received
earlynotification
to report
for active
dutyon the ActiveDuty StatusDate.
Status"
More information on "Active Duty
Activeduty statusas reportedin this certificate
is defined
in accordancewith10 USC § 101(d)(1).Priorto 2010only some of the active
duty periodsless
than 30 consecutivedays in length
were available.In the case
of a member of theNational
Guard, thisincludesserviceundera calltoactiveservice
authorizedby the President
or the Secretary
of Defenseunder 32 USC § 502(f)for purposes to a national
of responding emergency declared by the
Presidentand supportedby Federalfunds. AllActiveGuard Reserve (AGR) members must be assigned againstanauthorizedmobilizationposition
in the
support.
unit they This includesNavy Trainingand Administration
of theReserves (TARs),Marine Corps ActiveReserve (ARs) and CoastGuard Reserve
Program Administrator(RPAs). Active Dutystatusalsoappliesto a UniformedServicemember who is an active
dutycommissioned officer
of theU.S.
PublicHealthService orthe NationalOceanic and AtmosphericAdministration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under theSCRA is broader
in some cases and includes
some categoriesof personson activedutyfor purposesof the SCRAwho would not be
reportedas on ActiveDuty underthiscertificate.
SCRA protections 10 and Title
are for Title 14 active
duty recordsfor all the
Uniformed Servicesperiods.
32 periods
Title of Active Duty arenot coveredby SCRA, as defined
in accordancewith 10 USC § 101(d)(1).
Many times ordersare amended to extendthe period
of active
duty,which would extend SCRA Persons
protections. seekingto rely on this website
should
certification check to makesure the orders
on which SCRA protections
are based have not beenamended to extendthe inclusive
datesof service.
Furthermore,some protections
of the SCRA may extend to personswho have receivedordersto report
for active
duty but who
or to be inducted, have not
actuallybegun activedutyor actually
reportedfor induction.
The LastDate on ActiveDuty entryis important
because a number of protections
of the SCRA
extend beyond thelastdates of active
duty.
Those who couldrelyon this certificate
are urgedto seekqualified
legalcounselto ensurethatall rights
guaranteed to Servicemembers underthe SCRA
are protected
WARNING: Thiscertificate
was provided based on a last name,
SSN/date of birth,
and activedutystatusdate providedby the requester.
Providing
erroneousinformationwillcause an erroneouscertificate
to be provided.
3 of 3
Preview
FILED: MADISON COUNTY CLERK 09/16/2022 11:09 AM INDEX NO. EF2022-1380 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 09/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MADISON DISCOVER BANK, Plaintiff, Index No. EF2022-1380 vs. AFEIDAVIT OF MILITARY RICHARD T ONOFRIETTI, INVESTIGATION Defendant. THE UNDERSIGNED, hereby affirms the following to be true under penalties of perjury, pursuant to the Servicemembers Civil Relief Act: 1. I am an attorney at law, licensed to practice in the State of New York. 2. I am over the age of 18 and I am an employee of the law firm of Zwicker & Associates, P.C., attorneys for the Plaintiff. 3. I believe that the Defendant, RICHARD T ONOFRIETTI, is not currently in the military service, based on the results of a query to the Department of Defense Manpower Data Center, by the office of Zwicker & Associates, P.C., using Defendant's name and date of birth or social security number as reflected in Plaintiff's records. A copy of the results of that query is attached hereto. [ ] J N P. VERHAGEN, ESQ. [ ]JOSEPH JAKAS, ESQ. ELIZABETH CLARKE, ESQ. [ ] STEPHANIE MAIDA, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged inDebt Collection 100 CORPORATE WOODS, SUITE 230 ROCHESTER, NY 14623 (585)427-0482 1 of 3 FILED: MADISON COUNTY CLERK 09/16/2022 11:09 AM INDEX NO. EF2022-1380 NYSCEF DOC. NO. 13 Resultsasof RECEIVED : Sep-12-2022 NYSCEF: 09:02:53AM 09/16/2022 Department of Defense Manpower Data Center SCRA5.14 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX Birth Date: Last Name: ONOFRIETTI First Name: RICHARD Middle Name: T Status As Of: Sep-12-2022 Certificate ID: DFLF959611MRDXC OnAcdveDutyOnActi e ÚutyStatusDate ActiveDufy StartDate AcÏÑ utyEndP'atH Status ;. ServiceCw ponent NA NÂ o NA Thisresponsereflect he individuals'adtivedutystatusbasedontheAct DutyStatusDate LeftActiveouty Within DaysofActi e DutyStatusDate Duty StartDate ActiveDutyEndDate Status . ServiceComponent NA IA No NA )erethein Thisresponsereflects dualleftactiveluty-saluswithin*367daysprecedig th úctiveDutyStatusDate TheMemberor His/HerUnitWasNotifiedof a FutureCall-UptoA ve DutyonActiveDutyStatusDate . OrderNotificationStartDate Orde lificationEndÖ e Status 7. ServiceCornponent NA NA ' o . NA Thisresponsereflectswhetherthe di u or.his/herunithas eceivedea I o cationto reportfor activeduty Upon Searching thedata banks of the Departmentof DefenseManpower Data Center,based on theinformationthatyouprovided,the above is the status of on the the individual activedutystatusdate asto branches all ofthe UniformedServices (Army,Navy, Marine Corps,AirForce,NOAA, PublicHealth,and Coast Guard). This statusincludesinformationon a Servicemember or his/her unitreceivingnotification of future ordersto report for Active Duty. MichaelV. Sorrento,Director Department of Defense- Manpower Data Center 400 GiglingRd. Seaside, CA 93955 2 of 3 FILED: MADISON COUNTY CLERK 09/16/2022 11:09 AM INDEX NO. EF2022-1380 NYSCEF The DOC. Defense NO. Manpower 13 Data Center (DMDC) is an organization of theDepartment of Defense(DoD) thatmaintains RECEIVED the Defense NYSCEF: Enrollmentand 09/16/2022 Eligibility ReportingSystem (DEERS) database which is the official source of data for military on eligibility medical careand other systems. eligibility The DoD supports strongly the enforcementof the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerlyknown as Soldiers' Sailors' the and CivilRelief Act of 1940). DMDC has issuedhundreds of thousandsof "doesnot possessany information that the indicating duty" individual on active is currently responses,and has experiencedonlya smallerrorrate.In the event the referenced individual above, or any family member, friend, asserts or representative in anymanner was that the individual on active dutyfor the active dutystatusdate,or is otherwise entitled to the of the SCRA, protections you are strongly encouraged to obtain furtherverification of theperson'sstatus that by contacting person'sService.Servicecontact informationcanbe found on theSCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidencethe person was on activedutyfor theactivedutystatusdate and you fail to obtainadditional this Service punitive verification, provisionsof the SCRA may be invoked againstyou. See 50 USC App. § 3921(c). Thisresponse reflectsthe following information: (1) The Active individual's Dutystatuson the ActiveDutyStatus Date(2) Whether left Active the individual Duty statuswithin 367 days preceding the Active Duty StatusDate (3) Whetherthe individual or his/her unit received earlynotification to report for active dutyon the ActiveDuty StatusDate. Status" More information on "Active Duty Activeduty statusas reportedin this certificate is defined in accordancewith10 USC § 101(d)(1).Priorto 2010only some of the active duty periodsless than 30 consecutivedays in length were available.In the case of a member of theNational Guard, thisincludesserviceundera calltoactiveservice authorizedby the President or the Secretary of Defenseunder 32 USC § 502(f)for purposes to a national of responding emergency declared by the Presidentand supportedby Federalfunds. AllActiveGuard Reserve (AGR) members must be assigned againstanauthorizedmobilizationposition in the support. unit they This includesNavy Trainingand Administration of theReserves (TARs),Marine Corps ActiveReserve (ARs) and CoastGuard Reserve Program Administrator(RPAs). Active Dutystatusalsoappliesto a UniformedServicemember who is an active dutycommissioned officer of theU.S. PublicHealthService orthe NationalOceanic and AtmosphericAdministration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under theSCRA is broader in some cases and includes some categoriesof personson activedutyfor purposesof the SCRAwho would not be reportedas on ActiveDuty underthiscertificate. SCRA protections 10 and Title are for Title 14 active duty recordsfor all the Uniformed Servicesperiods. 32 periods Title of Active Duty arenot coveredby SCRA, as defined in accordancewith 10 USC § 101(d)(1). Many times ordersare amended to extendthe period of active duty,which would extend SCRA Persons protections. seekingto rely on this website should certification check to makesure the orders on which SCRA protections are based have not beenamended to extendthe inclusive datesof service. Furthermore,some protections of the SCRA may extend to personswho have receivedordersto report for active duty but who or to be inducted, have not actuallybegun activedutyor actually reportedfor induction. The LastDate on ActiveDuty entryis important because a number of protections of the SCRA extend beyond thelastdates of active duty. Those who couldrelyon this certificate are urgedto seekqualified legalcounselto ensurethatall rights guaranteed to Servicemembers underthe SCRA are protected WARNING: Thiscertificate was provided based on a last name, SSN/date of birth, and activedutystatusdate providedby the requester. Providing erroneousinformationwillcause an erroneouscertificate to be provided. 3 of 3