Party Statement: Ally Financial Inc. v. Jeffrey S Goodfellow, John P Sawyer

On August 25, 2017 a Party Statement was filed involving a dispute between Ally Financial Inc., and Jeffrey S Goodfellow, John P Sawyer, for Other Matters - Consumer Credit (Non-Card) Transaction in the District Court of Onondaga County.

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FILED: ONONDAGA COUNTY CLERK 12/18/2017 04:44 PM INDEX NO. 003804/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/18/2017

SUPREME COURT OF THE STATE OF NEW YORK Court Index No. 3804/17
COUNTY OF ONONDAGA Our File No. HA13647
------------------------------------------------------X
Account No. ********8465
ALLY FINANCIAL INC.

NON-MILITARY AFFIRMATION
Plaintiff,
-against-

Jeffrey S Goodfellow
John P Sawyer

Defendant(s)
--------------------------------------------------------X

STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss:

The undersigned, an attorney associated with KIRSCHENBAUM & PHILLIPS, P.C., attorneys for the

plaintiff, under penalties of perjury, affirms the following to be true:

This affirmation is made pursuant to the Servicemembers Civil Relief Act, as amended, 50 U.S.C.

§3901 for the purpose of entry of a judgment against Jeffrey S Goodfellow , defendant in the above entitled

action.

I caused the Department of Defense Manpower Data Center to be provided with pertinent information

about the defendant, including name, social security number, and/or date of birth, which I know because itis

contained in our file. I requested a military investigation be conducted.

The response I received from the Department of Defense Manpower Data Center dated December 14,

2017, states that the defendant is not on active duty military status.

I
December 14, 2017

(

IRWIN S. KIRSCHENBAUM
ELLIOT PHILLIPS

ISABEL MIRA
ANASTASIYA LIPATOV

1 of 6
FILED: ONONDAGA COUNTY CLERK 12/18/2017 04:44 PM INDEX NO. 003804/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/18/2017

SUPREME COURT OF THE STATE OF NEW YORK Court Index No. 3804/17
COUNTY OF ONONDAGA Our File No. HA13647
----------------------------------------------------X
Account No. ********8465
ALLY FINANCIAL INC.
Plaintiff '
NON-MILITARY AFFIRMATION
-against-

Jeffrey S Goodfellow
John P Sawyer

Defendant(s)
---------------------------------------------------X X

STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss:

The undersigned, an attorney associated with KIRSCHENBAUM & PHILLIPS, P.C., attorneys for the

plaintiff, under penalties of perjury, affirms the following to be true:

This affirmation is made pursuant to the Servicemembers Civil Relief Act, as amended, 50 U.S.C.

§3901 for the purpose of entry of a judgment against John P Sawyer , defendant in the above entitled action.

I caused the Department of Defense Manpower Data Center to be provided with pertinent information

about the defendant, including last name, social security number, and/or date of birth, which I know because

itis contained in our file. I requested a military investigation be conducted.

The response I received from the Department of Defense Manpower Data Center dated December 14,

2017, states that the defendants is not on active duty military status.

December 14, 2017

IRWIN S. KIRSCHENBAUM
~' ELLIOT PHILLIPS

ISABEL MIRA
ANASTASIYA LIPATOV

2 of 6
FILED: ONONDAGA COUNTY CLERK 12/18/2017 04:44 PM INDEX NO. 003804/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/18/2017
Resuhs 121133PM
as01 Dec-14-2017
Department of Defense Manpower Data Center
SCRA4 0

- Stanns Report

Pursuant to Servicemembers Civil Relief Act
I 1
J'

SSN: XXX-XX-2915

Birth Date:

Last Name: GOODFELLOW

First Name: JEFFREY

Middle Name: S

Status As Of: Dec-14-2017

Cedificate ID: MSSJW3HYFT40CZ4

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Upon searching the data banks of the Department of Defense Manpowe'
Manpower Data Cèhtep, 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, 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

~PAI
~

Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955

File ¹: HA13647

3 of 6
FILED: ONONDAGA COUNTY CLERK 12/18/2017 04:44 PM INDEX NO. 003804/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/18/2017
The Defense Manpower Data Center (DMDC) is an organization of the Depadment 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.

The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 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
If you have evidence the person
information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33.
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
See 50 USC App. ? 521(c)
against you.

(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:
preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
Duty status within 367 days
duty on the Active Duty Status Date.

Status"
More information on "Active Duty
Prior to 2010 only some of the active duty periods less
Active duty status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1).
than 30 consecutive days in length were available.
In the case of a member of the National Guard, this includes service under a call to active service
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
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
President and supported by Federal funds.
This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
unit they support
Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Program Administrator (RPAs).
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
SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods
reported as on Active Duty under this certificate.
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
The Last Date on Active Duty entry is important because a number of protections of the SCRA
actually begun active duty or actually reported for induction.
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.

File ¹: HA13647

4 of 6
FILED: ONONDAGA COUNTY CLERK 12/18/2017 04:44 PM INDEX NO. 003804/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/18/2017
Res"''sas°¹ Dec¹42°¹7'²'1
50PM
Department of Defense Manpower Data Center
SCRA0 0

.
-
Status Report

Pursuant to Servicenwmbers Civil Relief Act

SSN: XXX-XX-2691

Bidh Date:

Last Name: SAWYER

First Name: JOHN

Middle Name: P

Status As Of: Dec-14-2017

Certificate ID: SFOZX1VPLL3JDVF
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pita' based on the information that you provided, the above is the status of
Upon searching the data banks of the Department of Defense Manpower Data Center
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 or his/her unit receiving notification of future orders to report for Active Duty.

Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955

File ¹: HA13647

5 of 6
FILED: ONONDAGA COUNTY CLERK 12/18/2017 04:44 PM INDEX NO. 003804/2017
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/18/2017
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.

The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 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
If you have evidence the person
information can be found on the SCRA website's FAO page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33.
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
See 50 USC App
against you. ? 521(c).

Status"
More information on "Active Duty
asreported
Active duty status In certificate
this defined
is Prior to 2010 only some of the active duty periods less
in accordance with 10 USC ? 101(d) (1).
In 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
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
President and supported by Federal funds
This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
unit they support
Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Program Administrator (RPAs)
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).

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

File 4: HA13647

6 of 6

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Party Statement: Ally Financial Inc. v. Jeffrey S Goodfellow, John P Sawyer

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