On January 07, 2021 a
Party Statement
was filed
involving a dispute between
Discover Bank,
and
Ronald H Gallagher,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Sullivan County.
Preview
FILED: SULLIVAN COUNTY CLERK 07/08/2021 11:26 AM INDEX NO. E2021-39
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/08/2021
SUPREME COURT OF THE STATE OF NEW YORK Court Index No. E2021-39
COUNTY OF SULLIVAN Our File No. DC37049
-- -----------------------------------X Account No. ************3750
DISCOVER BANK
NON-MILITARY AFFIRMATION
Plaintiff,
-against-
Ronald H Gallagher
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, affinns 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 Ronald H Gallagher , 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 it is
contained in our file. I requested a military investigation be conducted.
The response I received from the Department of Defense Manpower Data Center dated July 7, 2021,
states that the defendant is not on active duty military status.
July 7, 2021
JAM P. SC LLY / LOVE AHUJA / IRA SITZER /
STE -N L. SENTHAL / MEREDITH E. UNGER/
JO E VIT REIRA
1 of 3
FILED: SULLIVAN COUNTY CLERK 07/08/2021 11:26 AM INDEX NO. E2021-39
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/08/2021
12:2441PM
Resultsasof Jul-07-2021
Department of Defense Manpower Data Center
SCRA5.S
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-8575
Birth Date:
Last Name: GALLAGHER
First Name: RONALD
Middle Name: H
Status As Of: Jul-07-2021
Certificate ID: 702S3PGKRDVHGZC
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thislesponsereflectstheindividuals
acilvedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367Daysof ActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
reflectswheretheindMdualleftactivedutystatuswithin367dayspreceding
Thisresponse theActiveDutyStatusDais
TheMember
or HIs/HerUnItWasNollfiedofa FutureCall-UptoActiveDutyonAcliveDutyStatusDale
OrderNotlilcallon
StartDate OrderNoliticallon
EndDate Status ServiceComponent
NA NA No NA
rollectswhethertheIndividual
Thisresponse or his/herunithasreceivedeagiynotillcation
to reportforactiveduty
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
File #: DC37049
2 of 3
FILED: SULLIVAN COUNTY CLERK 07/08/2021 11:26 AM INDEX NO. E2021-39
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/08/2021
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
Reporting Systern (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'
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 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.millscra/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fall 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.
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 sorne 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 perlod 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.
File #: DC37049
3 of 3
Document Filed Date
July 08, 2021
Case Filing Date
January 07, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
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Preview
FILED: SULLIVAN COUNTY CLERK 07/08/2021 11:26 AM INDEX NO. E2021-39 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/08/2021 SUPREME COURT OF THE STATE OF NEW YORK Court Index No. E2021-39 COUNTY OF SULLIVAN Our File No. DC37049 -- -----------------------------------X Account No. ************3750 DISCOVER BANK NON-MILITARY AFFIRMATION Plaintiff, -against- Ronald H Gallagher 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, affinns 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 Ronald H Gallagher , 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 it is contained in our file. I requested a military investigation be conducted. The response I received from the Department of Defense Manpower Data Center dated July 7, 2021, states that the defendant is not on active duty military status. July 7, 2021 JAM P. SC LLY / LOVE AHUJA / IRA SITZER / STE -N L. SENTHAL / MEREDITH E. UNGER/ JO E VIT REIRA 1 of 3 FILED: SULLIVAN COUNTY CLERK 07/08/2021 11:26 AM INDEX NO. E2021-39 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/08/2021 12:2441PM Resultsasof Jul-07-2021 Department of Defense Manpower Data Center SCRA5.S Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-8575 Birth Date: Last Name: GALLAGHER First Name: RONALD Middle Name: H Status As Of: Jul-07-2021 Certificate ID: 702S3PGKRDVHGZC OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thislesponsereflectstheindividuals acilvedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367Daysof ActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA reflectswheretheindMdualleftactivedutystatuswithin367dayspreceding Thisresponse theActiveDutyStatusDais TheMember or HIs/HerUnItWasNollfiedofa FutureCall-UptoActiveDutyonAcliveDutyStatusDale OrderNotlilcallon StartDate OrderNoliticallon EndDate Status ServiceComponent NA NA No NA rollectswhethertheIndividual Thisresponse or his/herunithasreceivedeagiynotillcation to reportforactiveduty 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 File #: DC37049 2 of 3 FILED: SULLIVAN COUNTY CLERK 07/08/2021 11:26 AM INDEX NO. E2021-39 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/08/2021 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting Systern (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' 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 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.millscra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fall 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. 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 sorne 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 perlod 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. File #: DC37049 3 of 3