Preview
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022
Exhibit G
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
AFFIDAVIT OF MILITARY
JPMorgan Chase Bank, National Association, STATUS
Plaintiff, Index No. 701321/2020
-vs- Mortgaged Premises:
151 Beach 61st Street, Arverne,
Celia A. Walker a/k/a Celia Walker; City of New York NY 11692
Environmental Control Board; City of New York Parking
Violations Bureau; City of New York Transit Adjudication
Bureau; "John Doe"; "John Doe"; "John Doe"; "John Doe"; Block 15933 Lot 50
"John Doe",
Defendants.
AFFIDAVIT OF MILITARY STATUS
I, Barbara Dunleavy, an attorney duly admitted to the practice of law in the State of New
York, hereby affirm under penalty of perjury pursuant to CPLR 2106 that:
1. I am an associate of LOGS Legal Oroup LLP f/k/a Shapiro, DiCaro & Barak, LLC, the
attorneys of record for Plaintiff in this action.
2. I am fully familiar with the facts and circumstances underlying the proceeding herein.
3. Upon reviewing a search of the Department of Defense manpower database executed on
May 27, 2022, Defendant Celia A. Walker a/k/a Celia Walker, is not an active member of the
armed services of the United States of America, and I am attaching certificates stating that said
Defendant is not in the armed services at this time.
4. I am unable to review a search of the Department of Defense manpower database for
Defendant "John Doe". Neither the social security number nor the date of birth for said Defendant,
which are required to conduct such a search, are known at this time, as the loan was not executed
10-000357 MilitmyAfHdavit Page I of2
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022
by said Defendant. AfHant lacks sufficient information to determine whether the defendant is in
active military service. Thus, the military status of said Defendant is undetermined.
FURTHER AFFIANT SAYETH NAUGHT.
Date: May 27, 2022 By: NBarbara Dunleavy
Barbara Dunleavy, Esq.
Bankruptcy Attorney
LOGS LEGAL GROUP LLP F/K/A SHAPIRO,
DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
Telephone: (585) 247-9000
Fax: (585) 247-7380
10-000357 MilitsyAMdavit Page 2 of 2
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022
of Defense Manpower Data Center a=*"="r:uei7meanam
Department
SoRAIL13
"
SSN:
Pnument to Servicememmes ClvaRcHof Act
Birth Date:
Last Name: WALKER
First Name: CELIA
Middle Name: A
Status As Of: May-27-2022
Certificate ID: 86SKQZ5BZVKOR2H
on AceveDulyOnAc5ueD
AldlusDute
AenveDulyelurtDale AnnueDulyandDate a Sardeeonmponert
theindMdunle'
TNareopense
ruAncts dulyelalunbenedontheAAllveG
angue 81nlueDulm
slainsDale
LelLAciveDulyWIhin307DsysofAudgeD
Annue
D GInstData AgaveDuly1!hdUnle Baut e rvicecomponent
NA NA No NA
regacIn
Thisresponus wherethmindvidual
IsilacAve theAcgueDut 8talunDale
dulyalelunullhin887daynpreceding
TheMember
crHienteruraWasNonged
ofa Puture toAullveDulyenActeeDuly81slum
onl@Up Date
OnimrNobiumton
elartDale aridDale
OrderNoAIongon 81 lum ocnquumpt
Sundge
NA NA No NA
ThInresponse whelhertiminlNdualorNeinirtra hanreceived
rmilecle eedynostiallentoreportRIraclhmduty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the infbrmallon
that you provided, the above Is the status of
the IndMdual on the active duty status dels as to all branches of the UnlIbrmed Services (Army, Navy, Marine Corps, Alr Force, NOAA, Publio Health, and
Coast Guard).ThIs status Includes Infbrmation an a Servicemember notification of future orders to report for Active Duty.
or hiether unit recaMng
Director
Michael V. SorrenIo,
Department of Defense - Manpower
Data Center
400 GIgling Rd.
Somalde, CA93955
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defenes Enronment and EHglblHty
·
Reporting System (DEERS) database which Is the olHclal source of dela on eligibnity for mHitary medical care and other eligiblHty systems.
The DoD strongly supports the enforcement of the Servionmembers
CivH ReHerAct (50 USC App. § 3901 et seq, as amended)
(SCRA) (1brmedy known as
Soldlers'
the and Sallcrs' CMI ReHefAct of 1940). DMDC has issued hundreds of thousands of "does not r="
any informagon Indicating that the
IndMdual ls currently on active duty" responses, and has experienced
only a aman error rate. In the event the (ndividual referenced
above, or any famHy
member, friend, or representative
asserts In any manner that the IndMdual wee on aollwe duly for the acHve duty status date, or 1sotherwise enti9ed to the
protaoHons of the SCRA, you are atrongly encouraged to obtain further veritantIon
of the person's atatus by contaogng that person's
Service. Service contact
Inibrmation can be fbund on the SCRA websitors FAQ page (Q35) via tNa I.IRL: https://acra.dmdo.oed.mil/scredMaqs.
If you have evidence the person
was on acHve duty for the active duty status date and you faHto obtain thIs additional Servloo verification, punitive provisions of the SCRA may be Invoked
against you. See 50 USC App. § 3921(c).
ThIs response reHoots the following information:
(1) The IndMduare AcHve Duty status on the Active Duty Status Date (2) Whether the IndMdual left AcHve
Duty status wltNn 367 days
preceding the Active Duty Status Date (3) Whether the IndMdual or hle/her unit received early nogilcollon
to report for active
duty on the Active Duty 8tatus Date.
Status"
More information on "Active Duty
Active duty status as reported In this certificate le 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 avallable.
In the case of a member of the Natkmal Guard, this includes service under a can to active service
authorized by the President or the Secretary of Defense under 32 USC § 802(f) Ibr purposes of responding to a negonal emergency
declared by the
President and supported by Federal funds.
AHActive Guard Reserve (AGR) members must be amalgned against an authorized
moblHzation position in the
unit they support.
This includes Navy TralnIng and AdmInletration of the Reserves (TARs), Marine Corps AcHve Reserve (ARs) and Coast Guard Reserve
Program Administrator
(RPAs).Active Duty alatus also appHes to a Uniformed Service member who Is an active duty commlasloned
oflicer of the U.S.
Publio Health Service cr the National Oceanlo and Atmospherto AdmInlatration (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 thla certificate.
SCRA protecHons are for Title 10 and Title 14 active duty records for all the Unilbrmed
Services parleda.
Title 32 periods of Active Duty are not covered by SCRA, as dellned in accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of acHve duty, which would extend SCRA protections. Persons seeking to rely on thla website
cerBHeationshoukf check to make sure the ordere on which SCRA pretscilons are based have not been amended to extend the Inclusive dates of service.
Furthermore, some protecdons of the SCRA may extend to persons who have received orders to report ibr active duty or to be Inducted, but who have not
actuaMy begun acHve duty or actually reported for Induction.
The Last Date on AcHve Duty entry Is Important because a number of protecHens of the SCRA
extend beyond the last dates of aolive duty.
Those who could rely on this certl8cate are urged to seek qualilled legal counsel to ensure that an fights guaranteed to Service
members under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSN/dele of birth, and active duty status date provided by the requester.
ProvIdIng
erroneous Information wlHcause an erroneous certificate 10 be provided.
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022
Department of Defense Manpower Data Center a""a"== u"rar=="
so-A o.
"
Satus Repost
Panment to Serviòønennes ClirR ReHofAst
SSN:
Birth Date:
Last Name: WALKER
First Name: CELIA
Middle Name:
Status As Of: May-27-2022
CertifiCate ID: R9X5KQGCZ9VNMX5
on Ache Dulyon AsilveD
elatusDale
Adkwe
Dulyerst Dmin AggveDulyendDng 81stus Servia ownpenant
NA a No NA
TNsrumponse
lullogistheIngNiluIf anilvedulyalalushasedontheAcilveDulyalalunDutm
I.altAche DulyWhhIn
sa7DaysofActiveDulyelsiusDale
AtliveDulyetst Date Ambve
DulyAhl D de sea Servloscomponent
TNsru ponseguAscle
whSs9seblMdualI a activedulyslalusWAhm
357dqrsprons@igahe
AcAtoDulyalalumDale
1'a Member
orHWHarunnVilasNolandofa PubatonH.uptoAsseaDulyanAmdue
DulyeMugDale
alurtDate
onlurNgnAmeAnn UndDmin
OnlarNo1Himm$zr SImani marvice
Component
TNnresponse
ruAssis
whelher91sinaismier Numertza hasr onhedamlynoHAgedon
toreporthr achu duly
Upon anarching the data banka of the Department of Defense ManpomAr Data Canler, based on the Infbrmation that you provided, the above le the stAdumof
the IndMdual on the active duty atatua data as to all branches of the Unlfbrmed Servloes (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard).Thle atatus includes Infbrmation on a Servicemember
or blelher unit receMng notiliostlon of future ordare to report fbr Active Duty.
Michael V. Sorrento, Direclor
- Manpower Dain Center
Department of Detman
400 GIglIng Rd.
Seaside, CA93955
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022
The Defense Manpower Data Center (DMDC) In an organkation
of the Department of Defenes (DoD) that maintains the Defense Enrollment
and EHgibiHty
Reporting Syslam (DEERS) database which Is the ofHclal source of data on eliglblilty for mHitary medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers
CMI ReHerAct (5D USC App. § 3901 st seq, as amended)
(SCRA) (formerly known as
Soldlers'
the and SaHors' CMI Rollef Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any Infbrmation indicating
that the
indMdualIs currently on active duty" responses, and has experienced only a smelt error rate. In the event the indMdual
referenced above, cr any family
member, friend, or representative asserts In any manner that the IndMdual was on acilve duly Ibr the active duty status date, or is otherwles
entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verifloation of the person's status by contacting that person's Service. Service contact
Inibrmation can be found on the SCRA webelts's FAQ page (Q36) via thIs URL: https'/Alcra.dmdo.oed.mHlacraAMaqs. If you have evidence
the person
was on acEve duty for the active duty status date and you fail to obtain this addlilonal
Service verificallon,
punitive provlalons of the 8CRA
may be Invoked
against you. See 50 USC App. § 3921(c).
This responam rollects the Ibilowing Information:
(1) The IndMduars Active Duty status on the Active Duty Status Date (2) Whether the IndMdual left Active
Duty atatus within 367 days
preceding the Active Duty Status Date (3) Whether the indMdual
or his/her unit received early notification
to report ibr acilve
duty on the Active Duty Status Date.
Status"
More information on "ACtive Duty
Active duty status as reported in this certlilcate is defined In accordance with 10 USC § 101(d) (1).
Prior to 2010 only some of the monve duty periods less
than 30 consecutive days in length were avanable.
In the case of a member of the National Guard, this Includes servloe under a can to acHve service
authorized
by the President or the Secretary of Defense under 32 USC § 602(01br
purposes of responding 10a national emergency
declared by the
President and supported by Federal funds.
An Active Guard Reserve (AGR) membere must be assigned against an authorized
mobHIzation position in the
unit they aupport.
This includes Navy Training and AdmInletration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator
(RPAs).Active Duty status also appHes to a Ungbrmed Service member who Is an acHve duty commlasloned
officer of the U.S.
PubHoHealth Service or the National Oceanio and Atmospherio Administration
(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA la broader In
ome 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 duly records ibr an the Uniformed Services periods.
Title 32 periods of Active Duly are not covered by SCRA, as deHned In accordance with 10 USC § 101(d)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA proteoHons. Persons seeking to rely on this webalta
corllilcation
should check to make sure the orders on which 8CRA protec8ons are based have not been amended to extend the incluelve dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to reportibr
active duty or to be Inducted, but who have not
actually begun active duty or actually reported for induogon.
The Last Date on AcHve Duty entry Is Important because a number of protections of the SCRA
extend beyond the last dates of active duly.
Those who could rely on this certificats
are urged to seek quanfled legal counsel to ensure that all rights guaranteed to Servloe members under the SCRA
are protected
WARNING: This certNicate was provided based on a last name, 88N/date
of birth, and active duty status date provided by the requester.
Providing
erroneous Information wHIcause an erroneous certificate to be provided.
Preview
FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022 Exhibit G FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS AFFIDAVIT OF MILITARY JPMorgan Chase Bank, National Association, STATUS Plaintiff, Index No. 701321/2020 -vs- Mortgaged Premises: 151 Beach 61st Street, Arverne, Celia A. Walker a/k/a Celia Walker; City of New York NY 11692 Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau; "John Doe"; "John Doe"; "John Doe"; "John Doe"; Block 15933 Lot 50 "John Doe", Defendants. AFFIDAVIT OF MILITARY STATUS I, Barbara Dunleavy, an attorney duly admitted to the practice of law in the State of New York, hereby affirm under penalty of perjury pursuant to CPLR 2106 that: 1. I am an associate of LOGS Legal Oroup LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys of record for Plaintiff in this action. 2. I am fully familiar with the facts and circumstances underlying the proceeding herein. 3. Upon reviewing a search of the Department of Defense manpower database executed on May 27, 2022, Defendant Celia A. Walker a/k/a Celia Walker, is not an active member of the armed services of the United States of America, and I am attaching certificates stating that said Defendant is not in the armed services at this time. 4. I am unable to review a search of the Department of Defense manpower database for Defendant "John Doe". Neither the social security number nor the date of birth for said Defendant, which are required to conduct such a search, are known at this time, as the loan was not executed 10-000357 MilitmyAfHdavit Page I of2 FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022 by said Defendant. AfHant lacks sufficient information to determine whether the defendant is in active military service. Thus, the military status of said Defendant is undetermined. FURTHER AFFIANT SAYETH NAUGHT. Date: May 27, 2022 By: NBarbara Dunleavy Barbara Dunleavy, Esq. Bankruptcy Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 Telephone: (585) 247-9000 Fax: (585) 247-7380 10-000357 MilitsyAMdavit Page 2 of 2 FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022 of Defense Manpower Data Center a=*"="r:uei7meanam Department SoRAIL13 " SSN: Pnument to Servicememmes ClvaRcHof Act Birth Date: Last Name: WALKER First Name: CELIA Middle Name: A Status As Of: May-27-2022 Certificate ID: 86SKQZ5BZVKOR2H on AceveDulyOnAc5ueD AldlusDute AenveDulyelurtDale AnnueDulyandDate a Sardeeonmponert theindMdunle' TNareopense ruAncts dulyelalunbenedontheAAllveG angue 81nlueDulm slainsDale LelLAciveDulyWIhin307DsysofAudgeD Annue D GInstData AgaveDuly1!hdUnle Baut e rvicecomponent NA NA No NA regacIn Thisresponus wherethmindvidual IsilacAve theAcgueDut 8talunDale dulyalelunullhin887daynpreceding TheMember crHienteruraWasNonged ofa Puture toAullveDulyenActeeDuly81slum onl@Up Date OnimrNobiumton elartDale aridDale OrderNoAIongon 81 lum ocnquumpt Sundge NA NA No NA ThInresponse whelhertiminlNdualorNeinirtra hanreceived rmilecle eedynostiallentoreportRIraclhmduty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the infbrmallon that you provided, the above Is the status of the IndMdual on the active duty status dels as to all branches of the UnlIbrmed Services (Army, Navy, Marine Corps, Alr Force, NOAA, Publio Health, and Coast Guard).ThIs status Includes Infbrmation an a Servicemember notification of future orders to report for Active Duty. or hiether unit recaMng Director Michael V. SorrenIo, Department of Defense - Manpower Data Center 400 GIgling Rd. Somalde, CA93955 FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defenes Enronment and EHglblHty · Reporting System (DEERS) database which Is the olHclal source of dela on eligibnity for mHitary medical care and other eligiblHty systems. The DoD strongly supports the enforcement of the Servionmembers CivH ReHerAct (50 USC App. § 3901 et seq, as amended) (SCRA) (1brmedy known as Soldlers' the and Sallcrs' CMI ReHefAct of 1940). DMDC has issued hundreds of thousands of "does not r=" any informagon Indicating that the IndMdual ls currently on active duty" responses, and has experienced only a aman error rate. In the event the (ndividual referenced above, or any famHy member, friend, or representative asserts In any manner that the IndMdual wee on aollwe duly for the acHve duty status date, or 1sotherwise enti9ed to the protaoHons of the SCRA, you are atrongly encouraged to obtain further veritantIon of the person's atatus by contaogng that person's Service. Service contact Inibrmation can be fbund on the SCRA websitors FAQ page (Q35) via tNa I.IRL: https://acra.dmdo.oed.mil/scredMaqs. If you have evidence the person was on acHve duty for the active duty status date and you faHto obtain thIs additional Servloo verification, punitive provisions of the SCRA may be Invoked against you. See 50 USC App. § 3921(c). ThIs response reHoots the following information: (1) The IndMduare AcHve Duty status on the Active Duty Status Date (2) Whether the IndMdual left AcHve Duty status wltNn 367 days preceding the Active Duty Status Date (3) Whether the IndMdual or hle/her unit received early nogilcollon to report for active duty on the Active Duty 8tatus Date. Status" More information on "Active Duty Active duty status as reported In this certificate le 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 avallable. In the case of a member of the Natkmal Guard, this includes service under a can to active service authorized by the President or the Secretary of Defense under 32 USC § 802(f) Ibr purposes of responding to a negonal emergency declared by the President and supported by Federal funds. AHActive Guard Reserve (AGR) members must be amalgned against an authorized moblHzation position in the unit they support. This includes Navy TralnIng and AdmInletration of the Reserves (TARs), Marine Corps AcHve Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs).Active Duty alatus also appHes to a Uniformed Service member who Is an active duty commlasloned oflicer of the U.S. Publio Health Service cr the National Oceanlo and Atmospherto AdmInlatration (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 thla certificate. SCRA protecHons are for Title 10 and Title 14 active duty records for all the Unilbrmed Services parleda. Title 32 periods of Active Duty are not covered by SCRA, as dellned in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of acHve duty, which would extend SCRA protections. Persons seeking to rely on thla website cerBHeationshoukf check to make sure the ordere on which SCRA pretscilons are based have not been amended to extend the Inclusive dates of service. Furthermore, some protecdons of the SCRA may extend to persons who have received orders to report ibr active duty or to be Inducted, but who have not actuaMy begun acHve duty or actually reported for Induction. The Last Date on AcHve Duty entry Is Important because a number of protecHens of the SCRA extend beyond the last dates of aolive duty. Those who could rely on this certl8cate are urged to seek qualilled legal counsel to ensure that an fights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/dele of birth, and active duty status date provided by the requester. ProvIdIng erroneous Information wlHcause an erroneous certificate 10 be provided. FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022 Department of Defense Manpower Data Center a""a"== u"rar==" so-A o. " Satus Repost Panment to Serviòønennes ClirR ReHofAst SSN: Birth Date: Last Name: WALKER First Name: CELIA Middle Name: Status As Of: May-27-2022 CertifiCate ID: R9X5KQGCZ9VNMX5 on Ache Dulyon AsilveD elatusDale Adkwe Dulyerst Dmin AggveDulyendDng 81stus Servia ownpenant NA a No NA TNsrumponse lullogistheIngNiluIf anilvedulyalalushasedontheAcilveDulyalalunDutm I.altAche DulyWhhIn sa7DaysofActiveDulyelsiusDale AtliveDulyetst Date Ambve DulyAhl D de sea Servloscomponent TNsru ponseguAscle whSs9seblMdualI a activedulyslalusWAhm 357dqrsprons@igahe AcAtoDulyalalumDale 1'a Member orHWHarunnVilasNolandofa PubatonH.uptoAsseaDulyanAmdue DulyeMugDale alurtDate onlurNgnAmeAnn UndDmin OnlarNo1Himm$zr SImani marvice Component TNnresponse ruAssis whelher91sinaismier Numertza hasr onhedamlynoHAgedon toreporthr achu duly Upon anarching the data banka of the Department of Defense ManpomAr Data Canler, based on the Infbrmation that you provided, the above le the stAdumof the IndMdual on the active duty atatua data as to all branches of the Unlfbrmed Servloes (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).Thle atatus includes Infbrmation on a Servicemember or blelher unit receMng notiliostlon of future ordare to report fbr Active Duty. Michael V. Sorrento, Direclor - Manpower Dain Center Department of Detman 400 GIglIng Rd. Seaside, CA93955 FILED: QUEENS COUNTY CLERK 05/31/2022 07:48 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 05/31/2022 The Defense Manpower Data Center (DMDC) In an organkation of the Department of Defenes (DoD) that maintains the Defense Enrollment and EHgibiHty Reporting Syslam (DEERS) database which Is the ofHclal source of data on eliglblilty for mHitary medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers CMI ReHerAct (5D USC App. § 3901 st seq, as amended) (SCRA) (formerly known as Soldlers' the and SaHors' CMI Rollef Act of 1940). DMDC has Issued hundreds of thousands of "does not possess any Infbrmation indicating that the indMdualIs currently on active duty" responses, and has experienced only a smelt error rate. In the event the indMdual referenced above, cr any family member, friend, or representative asserts In any manner that the IndMdual was on acilve duly Ibr the active duty status date, or is otherwles entitled to the protections of the SCRA, you are strongly encouraged to obtain further verifloation of the person's status by contacting that person's Service. Service contact Inibrmation can be found on the SCRA webelts's FAQ page (Q36) via thIs URL: https'/Alcra.dmdo.oed.mHlacraAMaqs. If you have evidence the person was on acEve duty for the active duty status date and you fail to obtain this addlilonal Service verificallon, punitive provlalons of the 8CRA may be Invoked against you. See 50 USC App. § 3921(c). This responam rollects the Ibilowing Information: (1) The IndMduars Active Duty status on the Active Duty Status Date (2) Whether the IndMdual left Active Duty atatus within 367 days preceding the Active Duty Status Date (3) Whether the indMdual or his/her unit received early notification to report ibr acilve duty on the Active Duty Status Date. Status" More information on "ACtive Duty Active duty status as reported in this certlilcate is defined In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the monve duty periods less than 30 consecutive days in length were avanable. In the case of a member of the National Guard, this Includes servloe under a can to acHve service authorized by the President or the Secretary of Defense under 32 USC § 602(01br purposes of responding 10a national emergency declared by the President and supported by Federal funds. An Active Guard Reserve (AGR) membere must be assigned against an authorized mobHIzation position in the unit they aupport. This includes Navy Training and AdmInletration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs).Active Duty status also appHes to a Ungbrmed Service member who Is an acHve duty commlasloned officer of the U.S. PubHoHealth Service or the National Oceanio and Atmospherio Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA la broader In ome 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 duly records ibr an the Uniformed Services periods. Title 32 periods of Active Duly are not covered by SCRA, as deHned In accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA proteoHons. Persons seeking to rely on this webalta corllilcation should check to make sure the orders on which 8CRA protec8ons are based have not been amended to extend the incluelve dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to reportibr active duty or to be Inducted, but who have not actually begun active duty or actually reported for induogon. The Last Date on AcHve Duty entry Is Important because a number of protections of the SCRA extend beyond the last dates of active duly. Those who could rely on this certificats are urged to seek quanfled legal counsel to ensure that all rights guaranteed to Servloe members under the SCRA are protected WARNING: This certNicate was provided based on a last name, 88N/date of birth, and active duty status date provided by the requester. Providing erroneous Information wHIcause an erroneous certificate to be provided.