Preview
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/16/2022
SUPREME COURT
COUNTY OF FRANKLIN STATE OF NEW YORK
DISCOVER BANK,
Plaintiff, Index No. E2020-663
vs.
AFFIRMATION OF MILITARY
JAMES M SIDOR, INVESTIGATION
Defendant(s).
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 reside in the State of New York. I am an
employee of the law firm of Zwicker & Associates, P.C., 100 Corporate Woods,
Suite 230, Rochester, NY 14623, attorneys for the Plaintiff.
3. I believe that Defendant, JAMES M SIDOR, is not currently in the military
service, based on the results of a query to the Department of Defense Manpower
Data Center, by the Rochester, NY 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. believe
Dated: September Ó, 2022
[ ] J N P. VERHAGEN, ESQ.
]JOSEPH JAKAS, ESQ.
ELIZABETH CLARKE, ESQ.
[ ] STEPHANIE MAIDA, ESQ.
ZWICKER & ASSOCIATES, P.C.
100 Corporate Woods
Suite 230
Rochester, NY 14623
(585)427-0482
1 of 7
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663
Resultsasof : Sep-15-2022
01:15:02PM
Department
NYSCEF DOC. of
NO. Defense
29 Manpower Data Center RECEIVED NYSCEF: 09/16/2022
SCRA535
Status Report
Pursuant to Servicemembem Civil Relief Act
SSN: XXX-
Birth Date:
Last Name: SIDOR
First Name: JAMES
Middle Name:
Status As Of: Sep-15-2022
Certificate ID: 2VPFZJ78BHOWQT7
. OnActive ty OnActiveDuty
tuDate
iye Duty StartDate ActiveDutyEndDate Status Servicecompo ent
~
NA NA . No NA
Thisresponsere ÉÊ,sthe individuals'activedutystatusbasedontheActiveD ty StdtusDate
LeftActiveDutyWithin367 D ysofActiveDutyStatusDate
ActiveDuty StartDate ActiveDutyEndDate Status . ServiceComponent
NA NA No NA
Thisresponsereflectswher t1
InélNidual
leftactiveduty statuswithin367dayspreced
theActive uty StatusDate
TheMemberor His/HerUrutWasNo of a FutureCall-1
ActiveDutyon Active,E ty StatusDate
C derNotificationStartDate OrderNotificationEndI Status ServiceComp dent
NA NA No NA
ThisresponsereflectswhethertheindivÎduI or h
er unithasrecely
earlynotificationto reportforactiveduty
Upon searching the databanks of the Departmentof DefenseManpower DatECenter, based on theinformationthat you the above
provided, is the status
of
theindividualon theactivedutystatusdate asto all
branches ofthe Uniformed Services(Army,Navy, Marine Corps,AirForce, NOAA, PublicHealth,and
Coast Guard). This statusincludesinformationon a Servicemember unit
or his/her receivingnotification
of future
ordersto report
for Active
Duty.
Michael V. Sorrento,Director
Department of Defense- Manpower Data Center
400 GiglingRd.
Seaside, CA 93955
2 of 7
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663
The Defense Manpower Data Center (DMDC) is an organization
of theDepartment of Defense(DoD) thatmaintainstheDefense Enrollment and Eligibility
NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/16/2022
ReportingSystem (DEERS) databasewhich isthe source
official of dataon for
eligibility medical
military care and other systems.
eligibility
The DoD supports
strongly theenforcement of the ServicemembersCivil Act
Relief (50 USC App. § 3901 et seq,
as amended) (SCRA) (formerlyknown as
Soldiers' Sailors'
the and CivilRelief
Act DMDC
of 1940). has issuedhundreds of thousandsof "doesnot possessany information that
indicating the
duty"
is currently
individual on active responses,and has experiencedonlya smallerrorrate.In the event
theindividual
referencedabove, or any family
member, or
friend, representativeassertsin anymanner thatthe individual
was on active
duty fortheactivedutystatusdate,oris otherwise to the
entitled
protections
of theSCRA, you are strongly
encouraged to obtain verification
further of the
person'sstatusby contactingthatperson'sService.Servicecontact
can be found
information on theSCRA website'sFAQ page (Q35)viathisURL: you
https://scra.dmdc.osd.mil/scra/#/faqs.
If have evidencethe person
was on activedutyfor the active
duty and you fail to obtain
stattTs date this additional
Service punitive
verification, provisionsof theSCRA may be invoked
againstyou. See 50 USC App. § 3921(c).
Thisresponse reflectsthe following
information:(1) Theindividuars
Active Dutystatuson the ActiveDutyStatus Date(2) Whetherthe individual
left Active
Duty statuswithin367 days preceding theActiveDuty StatusDate (3)Whether theindividual
or his/her
unitreceivedearlynotification
to report
foractive
dutyon the ActiveDuty StatusDate.
Status"
More information on "Active Duty
Activeduty statusas reportedin this certificate
is defined
in accordancewith10 USC § 101(d)(1).Priorto 2010onlysome of the active
duty periodsless
than 30 consecutivedays in length
were available.In the case
of a member of theNationalGuard,thisincludesserviceundera call to active
service
authorized by thePresidentor theSecretaryof Defense under32 USC for
§ 502(f) purposesof respondingto a national
emergency declaredby the
Presidentand supported by Federalfunds. All Active
Guard Reserve (AGR) members must be assignedagainstan authorizedmobilization
positionin the
unit they
support. Thisincludes and Administration
Navy Training of the
Reserves (TARs), Marine CorpsActive Reserve (ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Dutystatusalsoappliesto a UniformedServicemember who is an active
duty commissioned officer
of theU.S.
PublicHealthService or the National
Oceanic 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 categories
of personson activedutyfor purposesof the SCRA who would not be
reportedas on ActiveDuty under this certificate.
SCRA protections
are for Title
10 and Title
14 activedutyrecordsfor all the Uniformed
Servicesperiods.
Title
32 periodsof ActiveDuty arenot coveredby SCRA, as definedin accordancewith10 USC § 101(d)(1).
Many times ordersare amended to extendtheperiodof active
duty,which would extend SCRA protections.
Persons seekingto rely on this website
should
certification check to make sure the orders
on which SCRA protections
are based have not beenamended to extendthe inclusive
datesof service.
Furthermore,some of the SCRA
protections may extend to personswho have receivedordersto report
for active
duty or to be inducted,
but whohave not
actuallybegun activeduty reported
or actually forinduction.The Last Dateon ActiveDuty entryis important
because a number of the SCRA
of protections
extend beyond thelastdates of active
duty.
Those who couldrelyon this certificate
are urgedto seekqualified
legalcounsel to ensurethatall rights
guaranteedto Servicemembers underthe SCRA
are protected
WARNING: Thiscertificate
was provided based on a last name,
SSN/date of birth,
and active
duty date
status providedby the requester.
Providing
erroneous informationwill cause
an erroneous to be provided.
certificate
3 of 7
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663
Resultsasof : Sep-15-2022
01:15:02PM
Department
NYSCEF DOC. of
NO. Defense
29 Manpower Data Center RECEIVED NYSCEF: 09/16/2022
SCRA5.15
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: SIDOR
First Name: JAMES M
Middle Name:
Status As Of: Sep-15-2022
Certificate ID: ZP521KD5K50QK3R
. OnÎAbtiveDutyOnActiv
ety StaDate
c ve D ty StartDate cilve DutyEndDate Sta s erviceComponent
NA N No NA
Thisresponser heindividua activedutystatust asedon theActive
ty StatusDate
I ActiveDutyWithin367-Daysof ActiveD eyStatusDate
Activebuty StartDate ActiveDutyEndDate Status ServiceComponeÎ
NA NA No NA
ThisresponsereflectswheretheIndi dualleftactived°ly stétuswithin367daysprecedingthe
t e DutyStatusDate
TheMemt r His/HerUnitWasNotifiedof a FutureCall-Upto ActiveDutyonAc%ve
DutyStatusNate
or r NotificationSt rt Date Ô er NotificationÈndDa Status Ser iceComponent
NA NA N NA
Thisresponsereflectswhethertheindividu or h
berunithasrecel
d earlynotÌIc bonto reportfor activeduty
Upon searchingthe databanks of the Departmentof DefenseManpower Data Center, ased on the information
that youprovided,the aboveis the status
of
on the
the individual activedutystatusdate as to all branches
of theUniformedServices (Army,Navy, Marine Corps,AirForce, NOAA, PublicHealth,and
Coast Guard). This statusincludesinformation
on a Servicemember or his/her
unitreceivingnotification
of future
ordersto report
for Active
Duty.
Michael V. Sorrento,Director
Department of Defense - Manpower Data Center
400 GiglingRd.
Seaside, CA 93955
4 of 7
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663
The
NYSCEFDefense Manpower
DOC. NO. Data
29 Center (DMDC) of the Department
is an organization of Defense (DoD)thatmaintainsthe Defense
RECEIVED Enrollment
NYSCEF: and Eligibility
09/16/2022
ReportingSystem (DEERS) database which is the official
source of data
on eligibility
for medical
military careand other systems.
eligibility
The DoD supports
strongly theenforcement of the ServicemembersCivilReliefAct(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
indicating the
duty"
is currently
individual on active responses,and has experiencedonly a small
errorrate.In the event
the individual
referencedabove, or any family
member, or representative
friend, assertsin anymanner that the individual
was on activedutyfor the active
duty statusdate,or is otherwise to the
entitled
protections
of the SCRA, you arestronglyencouraged to obtain verification
further of the person's
statusby contactingthatperson'sService.Servicecontact
information
can be found on theSCRA website'sFAQ page (Q35)via this
URL: If you
https://scra.dmdc.osd.mil/scra/#/faqs. haveevidence theperson
was on activedutyfor the active
duty s iptus date
and you fail to obtain
this additional
Service punitive
verification, provisionsof the SCRA may be invoked
againstyou. See 50 USC App.§ 3921(c).
Thisresponse reflectsthe following
information:
(1) Theindividual's
ActiveDutystatuson the ActiveDutyStatus Date(2) Whetherthe individual
left Active
Duty statuswithin367 days preceding the Active
Duty StatusDate (3) Whethertheindividual
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 2010onlysome of the active
duty periodsless
than 30 consecutivedays were
in length available.In the
case of a member of theNationalGuard,thisincludesserviceunder acalltoactiveservice
authorizedby thePresidentor theSecretaryof Defense under32 USC for
§ 502(f) purposes of respondingto a national
emergency declaredby the
Presidentand supported by Federalfunds.AllActiveGuard Reserve (AGR) members must be assignedagainstan authorizedmobilization
positionin the
unit they
support. This includes and Administration
Navy Training of the
Reserves (TARs), Marine Corps ActiveReserve (ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Dutystatusalsoappliesto aUniformed Servicemember who isanactiveduty commissioned officer
ofthe U.S.
PublicHealth Serviceor the National
Oceanic 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 categories
of personson activeduty for purposes
of theSCRA who would not be
reportedas on ActiveDuty under this certificate.
SCRA protections
are for Title
10 and Title
14 activedutyrecordsfor all the
Uniformed Servicesperiods.
Title
32 periods of Active
Duty are not coveredby SCRA, as definedin accordancewith10 USC § 101(d)(1).
Many times ordersare amended to extendthe period
of active
duty,which would extend SCRA protections.
Persons seekingto rely on this website
should
certification check to make sure the orders
on which SCRA are
protections based have not beenamended to extendthe inclusive
datesof service.
Furthermore,some protectionsof the SCRA may extendto personswho have receivedordersto report
for active
dutyor to be inducted,
but who have not
actuallybegun activedutyor actually
reportedfor induction.
The LastDate on ActiveDuty entryis important
because a number of protections
of the SCRA
extend beyond the last
dates of active
duty.
Those who couldrelyon this certificate
areurged to 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 activeduty statusdateprovidedby the requester.
Providing
erroneous information an erroneous
will cause certificate
to be provided.
5 of 7
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663
Resultsas of : Sep-06-2022
11:14:18AM
Department
NYSCEF DOC. of
NO. Defense
29 Manpower Data Center RECEIVED NYSCEF: 09/16/2022
SCRA5.14
Phh Sweememh HReHeh
SSN: XXX-XX
Birth Date:
Last Name: SIDOR
First Name: JAMES M
Middle Name:
Status As Of: Sep-06-2022
Certificate ID: Z811NZ8DW3PQH28
OnAc ve DutyOnAct e DutyStatusDate
ActiveDutyStartDate Act‚e DutyEndDate Stat s Servce Component
NA NA N NA
Thisresponserefkictetheindividuals'activedutystatusbasedon theActiveDtit StatusDate
Le ctiveDutyWithlI 367DaysofAct e DutyStatusDate
ActÑe ty StartDate ActiveD ÈndDate Status ServiceComponent1
NA No NA
Thisresponsereflectswheret%eindividualleftactive úfy statuswithin367daysprecedingthe
uty StatusDate
TheMërnberprHis/HerUnitWasNotifiedof a FutureCall-UptoActiveDutyonActiveDutyStatusDate
OrderNotificatinn
StartDate OrberNotificationÈndDate Status ServiceComponent
NA NA NA
Thisresponsereflectswhethertheindividu
his/herunithasreceivedeariyhotifica6I to reportfor activeduty
Upon searching the databanks of the
Department of Defense Manpower Data Center,based on the information
that youprovided,the aboveis the status
of
the individual
on the active
duty statusdateas toallbranches oftheUniformed Services (Army,Navy, MarineCorps, AirForce,NOAA, PublicHealth,and
Coast Guard).Thisstatus includesinformation
on a Servicemember or his/her
unit of future
notification
receiving orders to report
for Active
Duty.
MichaelV. Sorrento,Director
Department - Manpower
of Defense. Data Center
400 GiglingRd.
Seaside,CA 93955
6 of 7
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663
The
NYSCEFDefense Manpower
DOC. NO. Data
29 Center (DMDC) is an organization
of theDepartment of Defense(DoD) thatmaintainstheDefense
RECEIVED Enrollment
NYSCEF:and Eligibility
09/16/2022
ReportingSystem (DEERS) database which isthe source
official of dataon for
eligibility medical
military care and other systems.
eligibility
The DoD supports
strongly theenforcement of the ServicemembersCivilRelief
Act (50 USC App. § 3901 et seq,
as amended) (SCRA) known
(formerly as
Soldiers' Sailors'
the and Relief
Civil Act of1940).DMDC has issuedhundreds ofthousands of"does notpossess any information that the
indicating
duty"
is currently
individual on active responses, and has experiencedonlya smallerrorrate.In the event
the individual
referencedabove, or any family
member, or representative
friend, assertsin anymanner thatthe individual
was on activedutyfor the active
dutystatusdate,or is otherwise
entitled
to the
protections
of theSCRA, you are encouraged
strongly to obtain
further
verification
of the
person'sstatusby contactingthat
person's Service.
Service contact
information
can be foundon the SCRA website'sFAQ page (Q35)via this
URL: If you
https://scra.dmdc.osd.mil/scra/#/faqs. have evidence the person
was on activedutyfor theactivedutystatusdateand you fail to obtain Service
this additionai punitive
verification, provisionsof the SCRA may be invoked
againstyou. See 50 USC App. § 3921(c).
Thisresponse reflects
the following
information:(1) Theindividual's
Active Dutystatuson the Active
Duty StatusDate (2) Whetherthe left Active
individual
Duty statuswithin367 days precedingthe ActiveDuty StatusDate (3) Whethertheindividual
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).Prior to 2010
onlysome of the active
dutyperiods less
than 30 consecutivedays were
in length available.In the case
of a member of the
NationalGuard, thisincludesserviceundera call to active
service
authorizedby thePresidentor theSecretaryof Defense under32 USC for
§ 502(f) purposes of respondingto a national
emergency declaredby the
Presidentand supported by Federalfunds.AllActiveGuard Reserve (AGR) members must be assignedagainstan authorizedmobilization
positionin the
unit they
support. ThisincludesNavy Trainingand Administration
of theReserves (TARs), MarineCorps ActiveReserve (ARs) and Coast Guard Reserve
Program Administrator(RPAs). ActiveDuty statusalsoappliestoa Uniformed Servicemember who isan activedutycommissioned officer
oftheU.S.
PublicHealthService or theNationalOceanic and AtmosphericAdministration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under theSCRA is broaderin some casesand includessome categories
of personson activeduty for purposes
of the SCRA who would not be
reportedas on ActiveDuty underthis certificate.
SCRA protections
are for Title
10 and Title
14 activedutyrecordsfor all the Uniformed
Preview
FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/16/2022 SUPREME COURT COUNTY OF FRANKLIN STATE OF NEW YORK DISCOVER BANK, Plaintiff, Index No. E2020-663 vs. AFFIRMATION OF MILITARY JAMES M SIDOR, INVESTIGATION Defendant(s). 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 reside in the State of New York. I am an employee of the law firm of Zwicker & Associates, P.C., 100 Corporate Woods, Suite 230, Rochester, NY 14623, attorneys for the Plaintiff. 3. I believe that Defendant, JAMES M SIDOR, is not currently in the military service, based on the results of a query to the Department of Defense Manpower Data Center, by the Rochester, NY 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. believe Dated: September Ó, 2022 [ ] J N P. VERHAGEN, ESQ. ]JOSEPH JAKAS, ESQ. ELIZABETH CLARKE, ESQ. [ ] STEPHANIE MAIDA, ESQ. ZWICKER & ASSOCIATES, P.C. 100 Corporate Woods Suite 230 Rochester, NY 14623 (585)427-0482 1 of 7 FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663 Resultsasof : Sep-15-2022 01:15:02PM Department NYSCEF DOC. of NO. Defense 29 Manpower Data Center RECEIVED NYSCEF: 09/16/2022 SCRA535 Status Report Pursuant to Servicemembem Civil Relief Act SSN: XXX- Birth Date: Last Name: SIDOR First Name: JAMES Middle Name: Status As Of: Sep-15-2022 Certificate ID: 2VPFZJ78BHOWQT7 . OnActive ty OnActiveDuty tuDate iye Duty StartDate ActiveDutyEndDate Status Servicecompo ent ~ NA NA . No NA Thisresponsere ÉÊ,sthe individuals'activedutystatusbasedontheActiveD ty StdtusDate LeftActiveDutyWithin367 D ysofActiveDutyStatusDate ActiveDuty StartDate ActiveDutyEndDate Status . ServiceComponent NA NA No NA Thisresponsereflectswher t1 InélNidual leftactiveduty statuswithin367dayspreced theActive uty StatusDate TheMemberor His/HerUrutWasNo of a FutureCall-1 ActiveDutyon Active,E ty StatusDate C derNotificationStartDate OrderNotificationEndI Status ServiceComp dent NA NA No NA ThisresponsereflectswhethertheindivÎduI or h er unithasrecely earlynotificationto reportforactiveduty Upon searching the databanks of the Departmentof DefenseManpower DatECenter, based on theinformationthat you the above provided, is the status of theindividualon theactivedutystatusdate asto all branches ofthe Uniformed Services(Army,Navy, Marine Corps,AirForce, NOAA, PublicHealth,and Coast Guard). This statusincludesinformationon a Servicemember unit or his/her receivingnotification of future ordersto report for Active Duty. Michael V. Sorrento,Director Department of Defense- Manpower Data Center 400 GiglingRd. Seaside, CA 93955 2 of 7 FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663 The Defense Manpower Data Center (DMDC) is an organization of theDepartment of Defense(DoD) thatmaintainstheDefense Enrollment and Eligibility NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 09/16/2022 ReportingSystem (DEERS) databasewhich isthe source official of dataon for eligibility medical military care and other systems. eligibility The DoD supports strongly theenforcement of the ServicemembersCivil Act Relief (50 USC App. § 3901 et seq, as amended) (SCRA) (formerlyknown as Soldiers' Sailors' the and CivilRelief Act DMDC of 1940). has issuedhundreds of thousandsof "doesnot possessany information that indicating the duty" is currently individual on active responses,and has experiencedonlya smallerrorrate.In the event theindividual referencedabove, or any family member, or friend, representativeassertsin anymanner thatthe individual was on active duty fortheactivedutystatusdate,oris otherwise to the entitled protections of theSCRA, you are strongly encouraged to obtain verification further of the person'sstatusby contactingthatperson'sService.Servicecontact can be found information on theSCRA website'sFAQ page (Q35)viathisURL: you https://scra.dmdc.osd.mil/scra/#/faqs. If have evidencethe person was on activedutyfor the active duty and you fail to obtain stattTs date this additional Service punitive verification, provisionsof theSCRA may be invoked againstyou. See 50 USC App. § 3921(c). Thisresponse reflectsthe following information:(1) Theindividuars Active Dutystatuson the ActiveDutyStatus Date(2) Whetherthe individual left Active Duty statuswithin367 days preceding theActiveDuty StatusDate (3)Whether theindividual or his/her unitreceivedearlynotification to report foractive dutyon the ActiveDuty StatusDate. Status" More information on "Active Duty Activeduty statusas reportedin this certificate is defined in accordancewith10 USC § 101(d)(1).Priorto 2010onlysome of the active duty periodsless than 30 consecutivedays in length were available.In the case of a member of theNationalGuard,thisincludesserviceundera call to active service authorized by thePresidentor theSecretaryof Defense under32 USC for § 502(f) purposesof respondingto a national emergency declaredby the Presidentand supported by Federalfunds. All Active Guard Reserve (AGR) members must be assignedagainstan authorizedmobilization positionin the unit they support. Thisincludes and Administration Navy Training of the Reserves (TARs), Marine CorpsActive Reserve (ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Dutystatusalsoappliesto a UniformedServicemember who is an active duty commissioned officer of theU.S. PublicHealthService or the National Oceanic 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 categories of personson activedutyfor purposesof the SCRA who would not be reportedas on ActiveDuty under this certificate. SCRA protections are for Title 10 and Title 14 activedutyrecordsfor all the Uniformed Servicesperiods. Title 32 periodsof ActiveDuty arenot coveredby SCRA, as definedin accordancewith10 USC § 101(d)(1). Many times ordersare amended to extendtheperiodof active duty,which would extend SCRA protections. Persons seekingto rely on this website should certification check to make sure the orders on which SCRA protections are based have not beenamended to extendthe inclusive datesof service. Furthermore,some of the SCRA protections may extend to personswho have receivedordersto report for active duty or to be inducted, but whohave not actuallybegun activeduty reported or actually forinduction.The Last Dateon ActiveDuty entryis important because a number of the SCRA of protections extend beyond thelastdates of active duty. Those who couldrelyon this certificate are urgedto seekqualified legalcounsel to ensurethatall rights guaranteedto Servicemembers underthe SCRA are protected WARNING: Thiscertificate was provided based on a last name, SSN/date of birth, and active duty date status providedby the requester. Providing erroneous informationwill cause an erroneous to be provided. certificate 3 of 7 FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663 Resultsasof : Sep-15-2022 01:15:02PM Department NYSCEF DOC. of NO. Defense 29 Manpower Data Center RECEIVED NYSCEF: 09/16/2022 SCRA5.15 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX Birth Date: Last Name: SIDOR First Name: JAMES M Middle Name: Status As Of: Sep-15-2022 Certificate ID: ZP521KD5K50QK3R . OnÎAbtiveDutyOnActiv ety StaDate c ve D ty StartDate cilve DutyEndDate Sta s erviceComponent NA N No NA Thisresponser heindividua activedutystatust asedon theActive ty StatusDate I ActiveDutyWithin367-Daysof ActiveD eyStatusDate Activebuty StartDate ActiveDutyEndDate Status ServiceComponeÎ NA NA No NA ThisresponsereflectswheretheIndi dualleftactived°ly stétuswithin367daysprecedingthe t e DutyStatusDate TheMemt r His/HerUnitWasNotifiedof a FutureCall-Upto ActiveDutyonAc%ve DutyStatusNate or r NotificationSt rt Date Ô er NotificationÈndDa Status Ser iceComponent NA NA N NA Thisresponsereflectswhethertheindividu or h berunithasrecel d earlynotÌIc bonto reportfor activeduty Upon searchingthe databanks of the Departmentof DefenseManpower Data Center, ased on the information that youprovided,the aboveis the status of on the the individual activedutystatusdate as to all branches of theUniformedServices (Army,Navy, Marine Corps,AirForce, NOAA, PublicHealth,and Coast Guard). This statusincludesinformation on a Servicemember or his/her unitreceivingnotification of future ordersto report for Active Duty. Michael V. Sorrento,Director Department of Defense - Manpower Data Center 400 GiglingRd. Seaside, CA 93955 4 of 7 FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663 The NYSCEFDefense Manpower DOC. NO. Data 29 Center (DMDC) of the Department is an organization of Defense (DoD)thatmaintainsthe Defense RECEIVED Enrollment NYSCEF: and Eligibility 09/16/2022 ReportingSystem (DEERS) database which is the official source of data on eligibility for medical military careand other systems. eligibility The DoD supports strongly theenforcement of the ServicemembersCivilReliefAct(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 indicating the duty" is currently individual on active responses,and has experiencedonly a small errorrate.In the event the individual referencedabove, or any family member, or representative friend, assertsin anymanner that the individual was on activedutyfor the active duty statusdate,or is otherwise to the entitled protections of the SCRA, you arestronglyencouraged to obtain verification further of the person's statusby contactingthatperson'sService.Servicecontact information can be found on theSCRA website'sFAQ page (Q35)via this URL: If you https://scra.dmdc.osd.mil/scra/#/faqs. haveevidence theperson was on activedutyfor the active duty s iptus date and you fail to obtain this additional Service punitive verification, provisionsof the SCRA may be invoked againstyou. See 50 USC App.§ 3921(c). Thisresponse reflectsthe following information: (1) Theindividual's ActiveDutystatuson the ActiveDutyStatus Date(2) Whetherthe individual left Active Duty statuswithin367 days preceding the Active Duty StatusDate (3) Whethertheindividual 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 2010onlysome of the active duty periodsless than 30 consecutivedays were in length available.In the case of a member of theNationalGuard,thisincludesserviceunder acalltoactiveservice authorizedby thePresidentor theSecretaryof Defense under32 USC for § 502(f) purposes of respondingto a national emergency declaredby the Presidentand supported by Federalfunds.AllActiveGuard Reserve (AGR) members must be assignedagainstan authorizedmobilization positionin the unit they support. This includes and Administration Navy Training of the Reserves (TARs), Marine Corps ActiveReserve (ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Dutystatusalsoappliesto aUniformed Servicemember who isanactiveduty commissioned officer ofthe U.S. PublicHealth Serviceor the National Oceanic 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 categories of personson activeduty for purposes of theSCRA who would not be reportedas on ActiveDuty under this certificate. SCRA protections are for Title 10 and Title 14 activedutyrecordsfor all the Uniformed Servicesperiods. Title 32 periods of Active Duty are not coveredby SCRA, as definedin accordancewith10 USC § 101(d)(1). Many times ordersare amended to extendthe period of active duty,which would extend SCRA protections. Persons seekingto rely on this website should certification check to make sure the orders on which SCRA are protections based have not beenamended to extendthe inclusive datesof service. Furthermore,some protectionsof the SCRA may extendto personswho have receivedordersto report for active dutyor to be inducted, but who have not actuallybegun activedutyor actually reportedfor induction. The LastDate on ActiveDuty entryis important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who couldrelyon this certificate areurged to 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 activeduty statusdateprovidedby the requester. Providing erroneous information an erroneous will cause certificate to be provided. 5 of 7 FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663 Resultsas of : Sep-06-2022 11:14:18AM Department NYSCEF DOC. of NO. Defense 29 Manpower Data Center RECEIVED NYSCEF: 09/16/2022 SCRA5.14 Phh Sweememh HReHeh SSN: XXX-XX Birth Date: Last Name: SIDOR First Name: JAMES M Middle Name: Status As Of: Sep-06-2022 Certificate ID: Z811NZ8DW3PQH28 OnAc ve DutyOnAct e DutyStatusDate ActiveDutyStartDate Act‚e DutyEndDate Stat s Servce Component NA NA N NA Thisresponserefkictetheindividuals'activedutystatusbasedon theActiveDtit StatusDate Le ctiveDutyWithlI 367DaysofAct e DutyStatusDate ActÑe ty StartDate ActiveD ÈndDate Status ServiceComponent1 NA No NA Thisresponsereflectswheret%eindividualleftactive úfy statuswithin367daysprecedingthe uty StatusDate TheMërnberprHis/HerUnitWasNotifiedof a FutureCall-UptoActiveDutyonActiveDutyStatusDate OrderNotificatinn StartDate OrberNotificationÈndDate Status ServiceComponent NA NA NA Thisresponsereflectswhethertheindividu his/herunithasreceivedeariyhotifica6I to reportfor activeduty Upon searching the databanks of the Department of Defense Manpower Data Center,based on the information that youprovided,the aboveis the status of the individual on the active duty statusdateas toallbranches oftheUniformed Services (Army,Navy, MarineCorps, AirForce,NOAA, PublicHealth,and Coast Guard).Thisstatus includesinformation on a Servicemember or his/her unit of future notification receiving orders to report for Active Duty. MichaelV. Sorrento,Director Department - Manpower of Defense. Data Center 400 GiglingRd. Seaside,CA 93955 6 of 7 FILED: FRANKLIN COUNTY CLERK 09/16/2022 09:44 AM INDEX NO. E2020-663 The NYSCEFDefense Manpower DOC. NO. Data 29 Center (DMDC) is an organization of theDepartment of Defense(DoD) thatmaintainstheDefense RECEIVED Enrollment NYSCEF:and Eligibility 09/16/2022 ReportingSystem (DEERS) database which isthe source official of dataon for eligibility medical military care and other systems. eligibility The DoD supports strongly theenforcement of the ServicemembersCivilRelief Act (50 USC App. § 3901 et seq, as amended) (SCRA) known (formerly as Soldiers' Sailors' the and Relief Civil Act of1940).DMDC has issuedhundreds ofthousands of"does notpossess any information that the indicating duty" is currently individual on active responses, and has experiencedonlya smallerrorrate.In the event the individual referencedabove, or any family member, or representative friend, assertsin anymanner thatthe individual was on activedutyfor the active dutystatusdate,or is otherwise entitled to the protections of theSCRA, you are encouraged strongly to obtain further verification of the person'sstatusby contactingthat person's Service. Service contact information can be foundon the SCRA website'sFAQ page (Q35)via this URL: If you https://scra.dmdc.osd.mil/scra/#/faqs. have evidence the person was on activedutyfor theactivedutystatusdateand you fail to obtain Service this additionai punitive verification, provisionsof the SCRA may be invoked againstyou. See 50 USC App. § 3921(c). Thisresponse reflects the following information:(1) Theindividual's Active Dutystatuson the Active Duty StatusDate (2) Whetherthe left Active individual Duty statuswithin367 days precedingthe ActiveDuty StatusDate (3) Whethertheindividual 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).Prior to 2010 onlysome of the active dutyperiods less than 30 consecutivedays were in length available.In the case of a member of the NationalGuard, thisincludesserviceundera call to active service authorizedby thePresidentor theSecretaryof Defense under32 USC for § 502(f) purposes of respondingto a national emergency declaredby the Presidentand supported by Federalfunds.AllActiveGuard Reserve (AGR) members must be assignedagainstan authorizedmobilization positionin the unit they support. ThisincludesNavy Trainingand Administration of theReserves (TARs), MarineCorps ActiveReserve (ARs) and Coast Guard Reserve Program Administrator(RPAs). ActiveDuty statusalsoappliestoa Uniformed Servicemember who isan activedutycommissioned officer oftheU.S. PublicHealthService or theNationalOceanic and AtmosphericAdministration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under theSCRA is broaderin some casesand includessome categories of personson activeduty for purposes of the SCRA who would not be reportedas on ActiveDuty underthis certificate. SCRA protections are for Title 10 and Title 14 activedutyrecordsfor all the Uniformed