On February 01, 2023 a
Party Statement
was filed
involving a dispute between
Progressive Direct Insurance Company,
and
Donald J. Butts,
for TORT-MISCELLANEOUS
in the District Court of Cuyahoga County.
Preview
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
AFFIDAVIT OF/FOR...
June 15,2023 09:33
By: HERBERT L. NUSSLE 0063551
Confirmation Nbr. 2884641
PROGRESSIVE DIRECT INSURANCE COMPANY CV 23 974573
vs.
Judge: ANDREW J. SANTOLI
DONALD J. BUTTS
Pages Filed: 3
Electronically Filed 06/15/2023 09:33/AFFIDAVIT / CV 23 974573 / Confirmation Nbr. 2884641 /CLCEJ
134950
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Progressive Direct Insurance Company
AFFIDAVIT
Plaintiff
JUDGE: ANDREW J. SANTOLI
VS. CASE NO.: CV-23-974573
Donald J. Butts
Defendant
Now comes Herbert L. Nussle, attorney for the Plaintiff Progressive
Direct Insurance Company, after being duly sworn, and deposes and says
that he is an agent for the Plaintiff and that the documents attached to
this affidavit truly and accurately reflect the damages set forth in the
complaint filed in the within action.
We have confirmed with the Department of Defense Manpower Data
Center that the defendant is not in the military service. A copy of the
verification from the Department of Defense establishing that the
defendant is not in the military service is attached hereto.
Deponent further states that to the best of my knowledge, the
defendant is not in any way incompetent or a minor.
Affiant further sayeth naught.
Sworn to and subscribed before me this J5th day of June, 2023.
Electronically Filed 06/15/2023 09:33 / AFFIDAVIT / CV 23 974573 / Confirmatiori^bj^
Department of Defense Manpower Data Center Results as of: Jun-14-2023 02:57:51 PM
SCRA 5,16
Slants Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-2697
Birth Date:
Last Name: BUTTS
First Name: DONALD
Middle Name:
Statu sAsOf: Jun-14-2023
Certificate ID: NN6YH92HJNJNBHK
' • . • On Active Duty On Active Duty Status Date '' • ....... ...
Active Duty Start Date Active Duty End Date Status Service Component
NA NA'" - ■. ; ' NO . • "L;. NA
This response reflects the individuals* active duty status based on the Active Duty Status Date
. . . : . : • Left Active Duty Within 367 Days of Active Duty Status Date i
Active Duty Start Date | Active Duty End Date • : Status Service Component : :
| : ...NA ,
NA NA
This response reflects where.thejndiyfdual left active duty status within 367 days preceding the Active.Duty Status Dale
... ' ' The Member ar His.'Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale ' : ' ........... . \
Order Notification Start Date ' Order Notification End Date 1 7 : Status Service Component
NA NA • : • • : 1.. ' . .No: • • NA
This response reflects whether the individual of his/her unit has receivedearty notification to report for active duty
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
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, CA 93955
Electronically Filed 06/15/2023 09:33 / AFFIDAVIT / CV 23 974573 / Confirmation Nbr. 2884641 / CLCEJ
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
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
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mll/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
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is 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 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. Alt Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
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 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
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for ail the Uniformed Services periods.
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
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
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.
Electronically Filed 06/15/2023 09:33 / AFFIDAVIT / CV 23 974573 / Confirmation Nbr. 2884641 / CLCEJ
Document Filed Date
June 15, 2023
Case Filing Date
February 01, 2023
Category
TORT-MISCELLANEOUS
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas AFFIDAVIT OF/FOR... June 15,2023 09:33 By: HERBERT L. NUSSLE 0063551 Confirmation Nbr. 2884641 PROGRESSIVE DIRECT INSURANCE COMPANY CV 23 974573 vs. Judge: ANDREW J. SANTOLI DONALD J. BUTTS Pages Filed: 3 Electronically Filed 06/15/2023 09:33/AFFIDAVIT / CV 23 974573 / Confirmation Nbr. 2884641 /CLCEJ 134950 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Progressive Direct Insurance Company AFFIDAVIT Plaintiff JUDGE: ANDREW J. SANTOLI VS. CASE NO.: CV-23-974573 Donald J. Butts Defendant Now comes Herbert L. Nussle, attorney for the Plaintiff Progressive Direct Insurance Company, after being duly sworn, and deposes and says that he is an agent for the Plaintiff and that the documents attached to this affidavit truly and accurately reflect the damages set forth in the complaint filed in the within action. We have confirmed with the Department of Defense Manpower Data Center that the defendant is not in the military service. A copy of the verification from the Department of Defense establishing that the defendant is not in the military service is attached hereto. Deponent further states that to the best of my knowledge, the defendant is not in any way incompetent or a minor. Affiant further sayeth naught. Sworn to and subscribed before me this J5th day of June, 2023. Electronically Filed 06/15/2023 09:33 / AFFIDAVIT / CV 23 974573 / Confirmatiori^bj^ Department of Defense Manpower Data Center Results as of: Jun-14-2023 02:57:51 PM SCRA 5,16 Slants Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-2697 Birth Date: Last Name: BUTTS First Name: DONALD Middle Name: Statu sAsOf: Jun-14-2023 Certificate ID: NN6YH92HJNJNBHK ' • . • On Active Duty On Active Duty Status Date '' • ....... ... Active Duty Start Date Active Duty End Date Status Service Component NA NA'" - ■. ; ' NO . • "L;. NA This response reflects the individuals* active duty status based on the Active Duty Status Date . . . : . : • Left Active Duty Within 367 Days of Active Duty Status Date i Active Duty Start Date | Active Duty End Date • : Status Service Component : : | : ...NA , NA NA This response reflects where.thejndiyfdual left active duty status within 367 days preceding the Active.Duty Status Dale ... ' ' The Member ar His.'Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale ' : ' ........... . \ Order Notification Start Date ' Order Notification End Date 1 7 : Status Service Component NA NA • : • • : 1.. ' . .No: • • NA This response reflects whether the individual of his/her unit has receivedearty notification to report for active duty 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 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, CA 93955 Electronically Filed 06/15/2023 09:33 / AFFIDAVIT / CV 23 974573 / Confirmation Nbr. 2884641 / CLCEJ 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 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 information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mll/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 Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is 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 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. Alt Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve 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 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 reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for ail the Uniformed Services periods. 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 actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA 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. Electronically Filed 06/15/2023 09:33 / AFFIDAVIT / CV 23 974573 / Confirmation Nbr. 2884641 / CLCEJ