Preview
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023
+ 2o23 41o18
EF22-400
06/21/2023 11:48:56 AM
Pages 14
E zabe h Larkin, County Clerk
Exhibit G
{5318969: }
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF
F ILED DOC.
: NO. 31
CORTLAND COUNTY CLERK O 6 / 15 / 2 0 2 3 12 : 5 4 P1d
RECEIVEDINDEX NO.
NYSCEF: EF22-40O
06/21/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/15/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CORTLAND ______
WELLS FARGO BANK, N.A.,
Index No.: EF22-400
Plaintiff,
v.
TIMOTHY J. STRAMBA, CITY OF CORTLAND,
JOHN DOB,
Defendants.
ATFIDAVIT OF INVESTIGATOR - NON-MILITARY STATUS
STATE OF NEW YORK, COUNTY OF MONROE) ss.:
The undersigned, being duly swom, deposes and says: That your deponent is not a party to this
- ·
action, is over the age of eighteen years, and is employed by Woods Oviatt Gilman LLP at 500
Bausch & Lomb Place, Rochester, NY 14604.
This Affidavit is submitted to comply with the requirements of the Servicemembers Civil
Relieve Act as it pertains to the following Defendant: Timothy J. Stramba, ("Defendant").
As an employee of Woods Oviatt Gilman LLP, attorneys for the Plaintiff, to swear as to my own
personal knowledge whether or not the Defendant(s) is/are in military service pursuant to the
United States Soldiers and Sailors Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501
et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act,
Sections 300 to 327:
On June 15, 2023, I communicated with the Department of Defense, Defense Manpower Data
. Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209, wherein I pmvided them with
the name, date of birth or social security number of Defendant(s).
From the facts set forth, Affiant has determined that the Defendant Thnothy J. Stramba is not in
any branch of the military service on active duty at the present time.
.
Dated: June 15, 2023
Ashley Bohm
Sworn to before me on June 15, 2023
CHRISTINE N.NEWMAN
1fled In M nto Cotm
y
Na 01b06278567
Notary Public Cemmisalon Expires March 25, 20
1D5334-1 S 2023m7®
EF22-400
. 06/15/2023 12-54:33 PM
Pages 5
z e Larkin, County Clerk
1 of 5
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
INDEX
NO. E F22 -4 0 O
NYSCEFFILED : CORTLAND
DOC. NO. 31 COUNTY CLERK 06 / 15 / 2023 12 : 54 PM RECEIVED NYSCEF: 06/21/2023
RECE WE o 3
"MarBEnt"&D²t ense Manpower Data Center
SCRA6.16
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: STRAMBA
First Name: TIMOTHY
Middle Name: J
Status As Of: Jun-15-2023
Certificate ID: QFWBJ1CKCWYH9TJ
.04Agilveatityon AcUve utyStalusDàfe
B|àmat
ActiveDuty ctiveputyEndDale Status -Gendge-COMpanent
NA NA a NA
roll ct lbi inÚl9ldtIals5
Th[asesponse ÅctivedulystatusbasedoritheAcle D talusDale
e(tActive-DutfWitittQ67
DaysotActiveDuty§ialisDale
AcIbre
Dilly-SlaitDide ActiveDutfEndDate. Slalus Bandae mmponent--
NA . . NA No NA
Thissespanne
relfeciswheæ
theIndivklual
leftaclive¯dilly
a aluswÊhin
SE7daysprecedhth )ulyStahmDale
3he em FGYtÊatlerUn1t ofAFuturedeit41ptoAeliveDuty nActivebu
Was-Notified toebate
0rdedCalideafIonfiset-Dale 6ttlerllotlilcallortEndDate SWvicitGiatnjianslit
NA NA No NA
Thisresponse
reffects
whetherlliehdivÏdunt•.his/heniallhas nolircatioh
received.early lo reportTaacilveduty
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 acDve duty status date as to all branches of the Unifortned Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status Includes Irdormation on a Servicemember or his/her unit receiving noti cation 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 105334-1 Alias
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
INDEX
NO. 00 E F22 -4
NYSCEFHTLED:
DOC. NO.CORTLAND
31 COUNTY CLERK 06/15/2023 12 : 54 PM| RECEIVED NYSCEF: 06/21/2023
ferxs an oxybrÔÊa Gerger (DMDC) is an organization of the Deparlment of Defense (DoD) that maintal 23
e e gl
Report[ng System (DEERS) database whIch to the offielal source of data on ellglbility for military medical care and other ellgtbEty systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (lormerly known as
Soldiers'
the and Sallor# CMI Reflef Act of 1940)- DMDC has issued hundreds of thousands of "does not possess any information indicattng that the
indMdual ls currently on active duty" responses, and has experienced only a small error rate. in the evenithe indMdual referenced above, or any family
member, friend, or representanve asserts in any rnanner that the ndMdual was on active duty for the active duty status date, or a otherwise entitled to the
protections of the SCRA, you are strongly encouraged in obtain further veritlcat[an of the person's status by contacting1hat person's Service. Service contact
information can be found on 1heSCRA website's FAO page (O35) via this URL: https://scra.dmde.oad.mil/scra/#JTaqs. If you have evidence the person
was on active duly for the acEve 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 foEowing informatforc (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the (ndividual left Acl]ve
Duty status within 361days preceding the Active Duty Status Date (3) Whether the individuai or his/her unit received eady notlHcaffon 10 report for ective
duty on the Active Duty Stalus Date.
Status"
More information on "Active Duty
Active duty status as reported Enthts cerGticate is datined (n accordance with 10 USG § 101(d) (1). Pr[or to 2010 only some of the acttve duty periods less
than 30 consecutive days ki fength were available. in the case of a member of the Nationai 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 emeqgency declared by the
President and supported by Federe funds. All Ac0ve Guard Reserve (AGR) members must be assigned against an authorized mobilization poslifon in the
unit they support '1 1sIncludes Navy Training and Administration of the Reserves (TARs), Mar[ne Corps Acilve Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status a•sosppiles to a Uniformed Servloe member who is an actIve duty comrnissioned officer of the U.S.
Public Health Service or the National Oceantc and Almospheric Administration (NOAA Commissioned Corps)
Coverage Under the SCRAls Broader in Some Cases
Coverage under the SCRA is broader lb some cases and Includes some categories of persons on eative duty for purposes of the SCRA who would not be
reported as on Active Duty under1his certificate. SCRA protect)ons are for tle 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 pedods of Active Duty are notcovered by SCRA, as defined in accordance with 10 USC § 101(d)(1),
Many times orders are emended to extend the period of active duty, which would extend SCRA protections. Persons seeking 10 rely on this website
certificallon should ched to make sure the orders on which SCRA protections are based have not been arnended 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 duly orto to inducted, but who have not
actuaffy begun activa duly or actually reported for Induction. The Last Date on Active Duty entry is Irnportant 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 10seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This carcticate was provided based on a Lastname, 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 1053344 Alias
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF
F ILED DOC.
: NO. 31
CORTLAND COUNTY CLERK 2 12 : 5 4 RECEIVEDINDEX
NYSCEF: EF22-400
NO. 06/21/2023
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 0 6/15 /2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
WELLS FARGO BANK, N.A.,
Index No.: EF22-400
' Plaintiff,
v. Property Address:
15 Water Street
TIMOTHY J. STRAMBA, CITY OF CORTLAND, Cortland, NY 13045
JOHN DOE,
Defendants
REDACTION COVER PAGE
CHECK ALL THAT APPLY:
The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e).
The document filed is REDACTED in accordance with 22 NYCRR 202.5(e).
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e),
(a) ne document filed contains SSN (as authorized by the order specified below).
(b) The document filed contains confidential personal information as defined under 22 NYCRR
202.5(c) (as autharted by the order specified below),
This document was previously filed REDACTED.
This document was previously filed UN-REDACTED.
e document filed seeks a remedy under 22 NYCRR 202,5(e)(2),
The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional information:
There is a previously filed order of the Court regarding this document:
es no
Date of order:
Date order filed-
Other identifying information for auch order:
The order of the Court is being filed with the redacted/un-redacted document:
¡yes no
Date of crder; .....
4 of 5
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF EF22-4
FILED: DOC.CORTLAND
NO. 31 COUNTY CLERK 06/15/2023 12:54 P RECEIVEDINDEX
NYSCEF:
NO. 06/21/2023
0O
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/15/2023
Other identifying information for such order:
Signature of fiter:
Print ame: Ashle un
Cler
Counsel appearing for: Plaintiff
Filer is Unrepmsented/Pro se:
d
5 of 5
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023
Department of Defense Manpower Data Center ====="ª²°23°aSaSa^M
SCRA5.16
Stats Report
Pursuant toServicemembers Civil ReHef Act
SSN: XXX-XX-
Birth Date:
Last Name: STRAMBA
First Name: TIMOTHY
Middle Name: J
Status As Of: Jun-19-2023
Certificate ID: B1D3J05KB94XJYH
OnActiveDutyOnActiveDutyStatusDate -.- --
- Active
DulyStartDate ActiveDutyEndDate . . Status Service - =
component
NA NA. . No NA
railec theindividuals'
RIs response activedutystatusbasedor theActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusData
AcIlveDutyStartDale- ActiveDutyEndDale -- Status. -.
ServicaComporient
NA NA No NA
I
Thismsponse
reflectswheretheindwidual
leftactivedutystataqwithin3t17dayspreceding
theActiveEhtyStalusDale
aMemberer
HisMerUnitWasNotifle
d ata FutureGell-Up
toActiveDutyonActiveDutyStatusDale
OrderNatificallan
StartDale : OrderNotijicaton
EndDate Status ServiceUompenant
NA NA No NA
TMsInsponse
reffects
whetherthemdividual
orhis/herunithasreceived
earlynohficaton
toreportforactiveduty
Upon searching the data banks of the Department of Defense Manpower Data CentÊr, 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.
Michae) V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
105334-1 Alias
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023
The Defense IVlanpower 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 eligibifity for military medical care and other eligibility systems.
The DoD strongly supports the enbreement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
Soldiers'
the 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 mferenced 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 webs[te's FAQ page (Q35) via this URL: https://scra.dmdo.osd.mil/sors/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fai[ 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 [ndividuars 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 SCRAg 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
certif cation should chedc 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 UIthe SCRA Inay 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 oartificate 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.
105334--1 Alias
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023
Department of Defense Manpower Data Center a- .sor: ain-B2023 09: 49 AM
SCRA5.16
Status Report
Puranant to Servicemembers Civil ReHef Act
SSN: XXX-XX-
Birth Date:
Last Name: STRAMBA
Erst Name: ROBIN
Middle Name: L
Status As Of: Jun-19-2023
Certificate ID: 5D2FCGHKKKS3R7S
. OnActiveDutyOnActiveDutyStatusDate
Active UlyStartDale ActiveDutyEndDate Status ServiceCamponent
NA NA - .. No NA
Thisresponse
reUects activedutystatusbasedontheActiveDutyStatesDate
Îhe.indivldúals
LeftAcUve
DutyWithin367DayaofActiveDutyStatusDate .
SlartDate
Act)ve-Duty ActiveDutyEndDate Status ServiceComponent -
NA i = NA . No NA
Thisresporpe
milec(a
Where
theindividual
leftactivedutystatuswithin887dayspreceding
theÃcIlve.Ï3uly
StatusDate
-.p?¯
TheMemlier
orHis/HerUnitWasNatiUed
ofaFutureCall-UploAcGve
DutyonActiveDutyStatuspate
OrderNofBiatida
Start age ÙrderNoWicationEndDhte . - Status ServiceCrimpor
ant
NA NA -s No NA
Thisrespmme
regacts
whethertheIndMdual
ofhisher_unlthasreceived
earlyfotification
10reportforacliveduty
Upon searching the data banks of the Department of Defense Manpower ata Center, based on the informatiDn 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 inforrnation on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorento, Difedor
Departrnent of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
105334-1 Alias
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enro!Iment and Eligibility
Reporting Systern (DEERS) database which is the official source of data on eligibility for military inedical 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 hea 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 faii to obtain this additiona[ 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 387 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 reporled 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 sorne 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 oertificate 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 provide d.
105334-1 Alias
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023
Department of Defense Manpower Data Center ==""S2023="Saª*
SCRA5.16
Status Reporit
Pursuant to Servicemembers Civil ReHef Act
SSN: XXX-XX-
Birth Date:
Last Name: STRAMBA
First Name: TIMOTHY
Middle Name:
Status As Of: Jun-19-2023
Certificate ID: BXDPPLOH7N06SNX
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDale ActiveDutyEn.dDate Status . Sendoe -
Component
NA NA .- No NA
Thisæsponse
reflectstheIndividualactivedutystatuebasedoil theActNÈDutyS_talus
Dale
LeftAcIlveDutyWithn367DayaofActiveDutyStatusDate --:- -
- -
ActiveDutySiertDakr ActiveDutyEndData . Status ServiceCornpament
NA NA = . No NA
Thisresponse
mtfacts
w eretheindividual
leftactiveclutystatus lthln387dayspreceding
Preview
FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023 + 2o23 41o18 EF22-400 06/21/2023 11:48:56 AM Pages 14 E zabe h Larkin, County Clerk Exhibit G {5318969: } FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF F ILED DOC. : NO. 31 CORTLAND COUNTY CLERK O 6 / 15 / 2 0 2 3 12 : 5 4 P1d RECEIVEDINDEX NO. NYSCEF: EF22-40O 06/21/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/15/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF CORTLAND ______ WELLS FARGO BANK, N.A., Index No.: EF22-400 Plaintiff, v. TIMOTHY J. STRAMBA, CITY OF CORTLAND, JOHN DOB, Defendants. ATFIDAVIT OF INVESTIGATOR - NON-MILITARY STATUS STATE OF NEW YORK, COUNTY OF MONROE) ss.: The undersigned, being duly swom, deposes and says: That your deponent is not a party to this - · action, is over the age of eighteen years, and is employed by Woods Oviatt Gilman LLP at 500 Bausch & Lomb Place, Rochester, NY 14604. This Affidavit is submitted to comply with the requirements of the Servicemembers Civil Relieve Act as it pertains to the following Defendant: Timothy J. Stramba, ("Defendant"). As an employee of Woods Oviatt Gilman LLP, attorneys for the Plaintiff, to swear as to my own personal knowledge whether or not the Defendant(s) is/are in military service pursuant to the United States Soldiers and Sailors Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act, Sections 300 to 327: On June 15, 2023, I communicated with the Department of Defense, Defense Manpower Data . Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209, wherein I pmvided them with the name, date of birth or social security number of Defendant(s). From the facts set forth, Affiant has determined that the Defendant Thnothy J. Stramba is not in any branch of the military service on active duty at the present time. . Dated: June 15, 2023 Ashley Bohm Sworn to before me on June 15, 2023 CHRISTINE N.NEWMAN 1fled In M nto Cotm y Na 01b06278567 Notary Public Cemmisalon Expires March 25, 20 1D5334-1 S 2023m7® EF22-400 . 06/15/2023 12-54:33 PM Pages 5 z e Larkin, County Clerk 1 of 5 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 INDEX NO. E F22 -4 0 O NYSCEFFILED : CORTLAND DOC. NO. 31 COUNTY CLERK 06 / 15 / 2023 12 : 54 PM RECEIVED NYSCEF: 06/21/2023 RECE WE o 3 "MarBEnt"&D²t ense Manpower Data Center SCRA6.16 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX Birth Date: Last Name: STRAMBA First Name: TIMOTHY Middle Name: J Status As Of: Jun-15-2023 Certificate ID: QFWBJ1CKCWYH9TJ .04Agilveatityon AcUve utyStalusDàfe B|àmat ActiveDuty ctiveputyEndDale Status -Gendge-COMpanent NA NA a NA roll ct lbi inÚl9ldtIals5 Th[asesponse ÅctivedulystatusbasedoritheAcle D talusDale e(tActive-DutfWitittQ67 DaysotActiveDuty§ialisDale AcIbre Dilly-SlaitDide ActiveDutfEndDate. Slalus Bandae mmponent-- NA . . NA No NA Thissespanne relfeciswheæ theIndivklual leftaclive¯dilly a aluswÊhin SE7daysprecedhth )ulyStahmDale 3he em FGYtÊatlerUn1t ofAFuturedeit41ptoAeliveDuty nActivebu Was-Notified toebate 0rdedCalideafIonfiset-Dale 6ttlerllotlilcallortEndDate SWvicitGiatnjianslit NA NA No NA Thisresponse reffects whetherlliehdivÏdunt•.his/heniallhas nolircatioh received.early lo reportTaacilveduty 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 acDve duty status date as to all branches of the Unifortned Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status Includes Irdormation on a Servicemember or his/her unit receiving noti cation 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 105334-1 Alias FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 INDEX NO. 00 E F22 -4 NYSCEFHTLED: DOC. NO.CORTLAND 31 COUNTY CLERK 06/15/2023 12 : 54 PM| RECEIVED NYSCEF: 06/21/2023 ferxs an oxybrÔÊa Gerger (DMDC) is an organization of the Deparlment of Defense (DoD) that maintal 23 e e gl Report[ng System (DEERS) database whIch to the offielal source of data on ellglbility for military medical care and other ellgtbEty systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (lormerly known as Soldiers' the and Sallor# CMI Reflef Act of 1940)- DMDC has issued hundreds of thousands of "does not possess any information indicattng that the indMdual ls currently on active duty" responses, and has experienced only a small error rate. in the evenithe indMdual referenced above, or any family member, friend, or representanve asserts in any rnanner that the ndMdual was on active duty for the active duty status date, or a otherwise entitled to the protections of the SCRA, you are strongly encouraged in obtain further veritlcat[an of the person's status by contacting1hat person's Service. Service contact information can be found on 1heSCRA website's FAO page (O35) via this URL: https://scra.dmde.oad.mil/scra/#JTaqs. If you have evidence the person was on active duly for the acEve 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 foEowing informatforc (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the (ndividual left Acl]ve Duty status within 361days preceding the Active Duty Status Date (3) Whether the individuai or his/her unit received eady notlHcaffon 10 report for ective duty on the Active Duty Stalus Date. Status" More information on "Active Duty Active duty status as reported Enthts cerGticate is datined (n accordance with 10 USG § 101(d) (1). Pr[or to 2010 only some of the acttve duty periods less than 30 consecutive days ki fength were available. in the case of a member of the Nationai 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 emeqgency declared by the President and supported by Federe funds. All Ac0ve Guard Reserve (AGR) members must be assigned against an authorized mobilization poslifon in the unit they support '1 1sIncludes Navy Training and Administration of the Reserves (TARs), Mar[ne Corps Acilve Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status a•sosppiles to a Uniformed Servloe member who is an actIve duty comrnissioned officer of the U.S. Public Health Service or the National Oceantc and Almospheric Administration (NOAA Commissioned Corps) Coverage Under the SCRAls Broader in Some Cases Coverage under the SCRA is broader lb some cases and Includes some categories of persons on eative duty for purposes of the SCRA who would not be reported as on Active Duty under1his certificate. SCRA protect)ons are for tle 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 pedods of Active Duty are notcovered by SCRA, as defined in accordance with 10 USC § 101(d)(1), Many times orders are emended to extend the period of active duty, which would extend SCRA protections. Persons seeking 10 rely on this website certificallon should ched to make sure the orders on which SCRA protections are based have not been arnended 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 duly orto to inducted, but who have not actuaffy begun activa duly or actually reported for Induction. The Last Date on Active Duty entry is Irnportant 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 10seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This carcticate was provided based on a Lastname, 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 1053344 Alias FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF F ILED DOC. : NO. 31 CORTLAND COUNTY CLERK 2 12 : 5 4 RECEIVEDINDEX NYSCEF: EF22-400 NO. 06/21/2023 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 0 6/15 /2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND WELLS FARGO BANK, N.A., Index No.: EF22-400 ' Plaintiff, v. Property Address: 15 Water Street TIMOTHY J. STRAMBA, CITY OF CORTLAND, Cortland, NY 13045 JOHN DOE, Defendants REDACTION COVER PAGE CHECK ALL THAT APPLY: The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e), (a) ne document filed contains SSN (as authorized by the order specified below). (b) The document filed contains confidential personal information as defined under 22 NYCRR 202.5(c) (as autharted by the order specified below), This document was previously filed REDACTED. This document was previously filed UN-REDACTED. e document filed seeks a remedy under 22 NYCRR 202,5(e)(2), The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). Additional information: There is a previously filed order of the Court regarding this document: es no Date of order: Date order filed- Other identifying information for auch order: The order of the Court is being filed with the redacted/un-redacted document: ¡yes no Date of crder; ..... 4 of 5 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF EF22-4 FILED: DOC.CORTLAND NO. 31 COUNTY CLERK 06/15/2023 12:54 P RECEIVEDINDEX NYSCEF: NO. 06/21/2023 0O NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/15/2023 Other identifying information for such order: Signature of fiter: Print ame: Ashle un Cler Counsel appearing for: Plaintiff Filer is Unrepmsented/Pro se: d 5 of 5 FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023 Department of Defense Manpower Data Center ====="ª²°23°aSaSa^M SCRA5.16 Stats Report Pursuant toServicemembers Civil ReHef Act SSN: XXX-XX- Birth Date: Last Name: STRAMBA First Name: TIMOTHY Middle Name: J Status As Of: Jun-19-2023 Certificate ID: B1D3J05KB94XJYH OnActiveDutyOnActiveDutyStatusDate -.- -- - Active DulyStartDate ActiveDutyEndDate . . Status Service - = component NA NA. . No NA railec theindividuals' RIs response activedutystatusbasedor theActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusData AcIlveDutyStartDale- ActiveDutyEndDale -- Status. -. ServicaComporient NA NA No NA I Thismsponse reflectswheretheindwidual leftactivedutystataqwithin3t17dayspreceding theActiveEhtyStalusDale aMemberer HisMerUnitWasNotifle d ata FutureGell-Up toActiveDutyonActiveDutyStatusDale OrderNatificallan StartDale : OrderNotijicaton EndDate Status ServiceUompenant NA NA No NA TMsInsponse reffects whetherthemdividual orhis/herunithasreceived earlynohficaton toreportforactiveduty Upon searching the data banks of the Department of Defense Manpower Data CentÊr, 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. Michae) V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 105334-1 Alias FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023 The Defense IVlanpower 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 eligibifity for military medical care and other eligibility systems. The DoD strongly supports the enbreement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as Soldiers' the 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 mferenced 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 webs[te's FAQ page (Q35) via this URL: https://scra.dmdo.osd.mil/sors/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fai[ 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 [ndividuars 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 SCRAg 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 certif cation should chedc 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 UIthe SCRA Inay 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 oartificate 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. 105334--1 Alias FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023 Department of Defense Manpower Data Center a- .sor: ain-B2023 09: 49 AM SCRA5.16 Status Report Puranant to Servicemembers Civil ReHef Act SSN: XXX-XX- Birth Date: Last Name: STRAMBA Erst Name: ROBIN Middle Name: L Status As Of: Jun-19-2023 Certificate ID: 5D2FCGHKKKS3R7S . OnActiveDutyOnActiveDutyStatusDate Active UlyStartDale ActiveDutyEndDate Status ServiceCamponent NA NA - .. No NA Thisresponse reUects activedutystatusbasedontheActiveDutyStatesDate Îhe.indivldúals LeftAcUve DutyWithin367DayaofActiveDutyStatusDate . SlartDate Act)ve-Duty ActiveDutyEndDate Status ServiceComponent - NA i = NA . No NA Thisresporpe milec(a Where theindividual leftactivedutystatuswithin887dayspreceding theÃcIlve.Ï3uly StatusDate -.p?¯ TheMemlier orHis/HerUnitWasNatiUed ofaFutureCall-UploAcGve DutyonActiveDutyStatuspate OrderNofBiatida Start age ÙrderNoWicationEndDhte . - Status ServiceCrimpor ant NA NA -s No NA Thisrespmme regacts whethertheIndMdual ofhisher_unlthasreceived earlyfotification 10reportforacliveduty Upon searching the data banks of the Department of Defense Manpower ata Center, based on the informatiDn 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 inforrnation on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorento, Difedor Departrnent of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 105334-1 Alias FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enro!Iment and Eligibility Reporting Systern (DEERS) database which is the official source of data on eligibility for military inedical 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 hea 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 faii to obtain this additiona[ 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 387 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 reporled 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 sorne 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 oertificate 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 provide d. 105334-1 Alias FILED: CORTLAND COUNTY CLERK 06/21/2023 11:48 AM INDEX NO. EF22-400 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 06/21/2023 Department of Defense Manpower Data Center ==""S2023="Saª* SCRA5.16 Status Reporit Pursuant to Servicemembers Civil ReHef Act SSN: XXX-XX- Birth Date: Last Name: STRAMBA First Name: TIMOTHY Middle Name: Status As Of: Jun-19-2023 Certificate ID: BXDPPLOH7N06SNX OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDale ActiveDutyEn.dDate Status . Sendoe - Component NA NA .- No NA Thisæsponse reflectstheIndividualactivedutystatuebasedoil theActNÈDutyS_talus Dale LeftAcIlveDutyWithn367DayaofActiveDutyStatusDate --:- - - - ActiveDutySiertDakr ActiveDutyEndData . Status ServiceCornpament NA NA = . No NA Thisresponse mtfacts w eretheindividual leftactiveclutystatus lthln387dayspreceding