Preview
FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294
NYSCEF DOC. NEW
STATE
NO. 9YORK
OF
RECEIVED NYSCEF: 10/13/2021
SUPREME COURT COUNTY OF LEWIS
CREDIT ACCEPTANCE CORPORATION
AFFIDAVIT OF
Plaintiff, NON-MILITARY
vs. SERVICE
NICHOLAS AUSTIN AKA NICHOLAS J. AUSTIN DOCKET #EFCA2021-000294
Defendant.
STATE OF NEW YORK)
COUNTY OF MONROE) SS:
Toby Youngman swears under penalty of perjury:
1) I reside in Rochester, New York, and am employed by the attorneys for the plaintiff in the above entitled
action.
2) Upon information and belief, at the time of the service of the summons in this action, Nicholas
AustinakaNicholas J. Austin, the above named defendant, resided and still resides at 7325 Dock StreetPO Box 688,
Lyons Falls, NY 13368. He/She is not engaged in any kind of service with any branch of the military service of the
United States or of the State of New York, nor in training or education under the supervision of the United States or
such state after the induction into military service; and at no time since the service of the summons upon him/her has
he/she been engaged in any service.
3) The foregoing allegations are upon information and belief and the sources of my information and the grounds
of my belief are reflected by the attached Request for Military Status signed by Michael V. Sorrento, Director of the
Department of Defense - Manpower Data dated October 2021 and obtained from over the website of
Center, 13,
DMDC.
You an
Paralegal
Sworn to before me
October 13, 2021
Ñota Public
KRISTINE M. GARIBALDI
Notary Public, State of New York
Qualified in Monroe County
No. 01GA6293779
Cems'::!:n Expires December 16,20
1 of 5
FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021
Department of Defense Manpower Data Center Results
asof: Oct-13-2021
06:47:39
AM
sCRA5.11
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-2204
Birth Date:
Last Name: AUSTIN
First Name: NICHOLAS
Middle Name: J
Status As Of: Oct-13-2021
Certificate ID: CR8LNNKBZRN28S2
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponsereflectstheindividuals'
activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse
reflectswheretheindividual
leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
TheMember
orHis/HerUnitWasNotifiedofa FutureCall-Up
toActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotificaUon
EndData Status Service
Component
NA NA No NA
Thisresponse
reflects theindividual
whether orhis/herunithasreceived
earlynotification
toreportforactiveduty
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
2 of 5
FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021
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.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 individuars 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.
Status"
More information on "Active Duty
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. All 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 all 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.
3 of 5
FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021
Results 06:47:24
asof: Oct-13-2021 AM
Department of Defense Manpower Data Center
SCRA5 11
Status Report
Pursuant to Servicemembers Civil ReHef Act
SSN: XXX-XX-2204
Birth Date:
Last Name: AUSTIN
First Name: NICHOLAS
Middle Name:
Status As Of: Oct-13-2021
Certificate ID: 51CJQJ7YDNCLGQW
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponsereflectstheindividuals'
activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutystatusDate
ActiveDutyStartDate ActiveDutyEndDate status Service
Component
NA NA No NA
reflects
Thisresponse wheretheindividual
leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
TheMember
orHis/HerUnitWasNotified toActiveDutyonActiveDutyStatusDate
ofa FutureCall-Up
StartDate
OrderNotification orderNotification
EndDate Status Service
Component
NA NA No NA
Thisresponse
reflects
whether orhis/herunithasreceived
theindividual earlynotification
toreportforactiveduty
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
4 of 5
FILED: LEWIS COUNTY CLERK 10/13/2021 12:08 PM INDEX NO. EFCA2021-000294
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/13/2021
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.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
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early net!feet!en to report for active
duty on the Active Duty Status Date.
Status"
More information on "Active Duty
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. All 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 all 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.
5 of 5