Preview
FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
________________________________________________________________Ç
M&T BANK,
Plaintiff,
Index No. 602517/2022
-against-
AFFIDAVIT OF
NON-MILITARY SERVICE
PATRICIA KLEBER; CAROL BRUMBY,
Defendants.
________________________________________________________________Ç
STATE OF NEW YORK:
COUNTY OF WESTCHESTER: ss.
I, Johnson Edouard, being duly sworn, says: I am not a party to the action, am over 18 years of
age and reside in Westchester, New York.
Deponent caused a search to be done to determine whether PATRICIA KLEBER, is inthe military
service.
The search performed by the Department of Defense, Manpower Data Center, Military
Verification Department, 1600 Wilson Boulevard, Ste. 400, Arlington, VA, 22209-259, verifies that based
on information provided, PATRICIA KLEBER, is not in the United States Military (see attached).
Based on the above information, I can conclude that t erida , ICIA KLEBER is not
in the military. .
Johnsbn-Edouar
Knuckles, Komosinski & Manfro, LLP
565 Taxter Road, Suite 590
Elmsford, NY 10523
Sworn to befor me this
ay of Art)v ¾ , 2022
Publi
CATRI A GH
NOTARY PUBLIC, STATE OF NEW YORK
No. 01SA6427680
Registration
in Westchester
Qualified County
Commission ExpiresJanuary3, 204/r
5000-000063-FOPATRIChi KLEBER
1 of 3
FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/05/2023
Department of Defense Manpower "°"""ª**°'
Ja"*²°23''2°28^M
Data Center
SCRA5.15
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-2463
Birth Date:
Last Name: KLEBER
First Name: PATRICIA
Middle Name:
Status As Of: Jan-05-2023
Certificate ID: XJWR0XDTOTGTOT7
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse theindividuals'
reflects activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse
reflects
wheretheindividual theActiveDutyStatusDate
leftactivedutystatuswithin367dayspreceding
TheMember
orHis/HerUnitWasNotified
ofaFuturecall-UptoActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotification
EndDate Status ServiceComponent
NA NA No NA
Thisresponse whether
reflects theindividual
orhis/herunithasreceived toreportforactiveduty
earlynotification
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, NOAA, Public Health, and
or his/her unit receiving notification of future orders to report for Active Duty.
This status includes information on a Servicemember
Coast Guard).
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
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FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/05/2023
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. § 3901 et seq, as amended) (SCRA) (formerly known as
Soldiers' Sailors' Civil Relief Act
the and of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
duty"
individual is currently on active
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 (O35) via this URL: https://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).
This response reflects the following information:
(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
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
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. of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
This includes Navy Training and Administration
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 (NOAA Commissioned Corps).
Administration
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.
3 of 3
Preview
FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ________________________________________________________________Ç M&T BANK, Plaintiff, Index No. 602517/2022 -against- AFFIDAVIT OF NON-MILITARY SERVICE PATRICIA KLEBER; CAROL BRUMBY, Defendants. ________________________________________________________________Ç STATE OF NEW YORK: COUNTY OF WESTCHESTER: ss. I, Johnson Edouard, being duly sworn, says: I am not a party to the action, am over 18 years of age and reside in Westchester, New York. Deponent caused a search to be done to determine whether PATRICIA KLEBER, is inthe military service. The search performed by the Department of Defense, Manpower Data Center, Military Verification Department, 1600 Wilson Boulevard, Ste. 400, Arlington, VA, 22209-259, verifies that based on information provided, PATRICIA KLEBER, is not in the United States Military (see attached). Based on the above information, I can conclude that t erida , ICIA KLEBER is not in the military. . Johnsbn-Edouar Knuckles, Komosinski & Manfro, LLP 565 Taxter Road, Suite 590 Elmsford, NY 10523 Sworn to befor me this ay of Art)v ¾ , 2022 Publi CATRI A GH NOTARY PUBLIC, STATE OF NEW YORK No. 01SA6427680 Registration in Westchester Qualified County Commission ExpiresJanuary3, 204/r 5000-000063-FOPATRIChi KLEBER 1 of 3 FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/05/2023 Department of Defense Manpower "°"""ª**°' Ja"*²°23''2°28^M Data Center SCRA5.15 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-2463 Birth Date: Last Name: KLEBER First Name: PATRICIA Middle Name: Status As Of: Jan-05-2023 Certificate ID: XJWR0XDTOTGTOT7 OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse theindividuals' reflects activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse reflects wheretheindividual theActiveDutyStatusDate leftactivedutystatuswithin367dayspreceding TheMember orHis/HerUnitWasNotified ofaFuturecall-UptoActiveDutyonActiveDutyStatusDate OrderNotification StartDate OrderNotification EndDate Status ServiceComponent NA NA No NA Thisresponse whether reflects theindividual orhis/herunithasreceived toreportforactiveduty earlynotification 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, NOAA, Public Health, and or his/her unit receiving notification of future orders to report for Active Duty. This status includes information on a Servicemember Coast Guard). Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA93955 2 of 3 FILED: NASSAU COUNTY CLERK 01/05/2023 02:08 PM INDEX NO. 602517/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 01/05/2023 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. § 3901 et seq, as amended) (SCRA) (formerly known as Soldiers' Sailors' Civil Relief Act the and of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the duty" individual is currently on active 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 (O35) via this URL: https://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). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active 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 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. of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve This includes Navy Training and Administration 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 (NOAA Commissioned Corps). Administration 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. 3 of 3