Preview
FILED: KINGS COUNTY CLERK 12/08/2020 04:34 PM INDEX NO. 521720/2020
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/08/2020
EXHIBIT E
FILED: KINGS COUNTY CLERK 12/08/2020 04:34 PM INDEX NO. 521720/2020
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/08/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
MANTIS FUNDING LLC,
Index No. 521720/2020
Plaintiff
-against- AFFIRMATION OF NON-MILITARY SERVICE
PAIGE KTCH LLC, DARNELL AMORJOHNSON
AND BRITTANY PAIGE DEMONS,
Defendants.
X
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
JEFFREY ZACHTER, an attorney duly admitted to practice law in the Courts of New
York State, affirms under penalties of perjury and says:
1. I am familiar with the Soldiers and Sailors Civil Relief Act of 1940, as amended
(SSCRA), and I make this affirmation pursuant thereto.
2. On December 8, 2020, I caused an investigation to be made with the
Department of Defense, Defense Manpower Data Center ("DMDC") to ascertain if the
individual defendant herein, Darnell Amor Johnson and Brittany Paige Demons
("Defendants") are currently in the military service, as defined in said Act.
Defendants'
3. Said investigation was made by providing to the DMDC Social
Defendants'
Security numbers previously provided to plaintiff and confirmed to be true on
credit reports. According to the DMDC's responses attached hereto, Defendants are not
presently in the military service of the United States or of any state of the United States.
4. Based on said DMDC's responses, it does not appear that Defendants are
in the military of the United States or of any state of the United States, or been
presently
FILED: KINGS COUNTY CLERK 12/08/2020 04:34 PM INDEX NO. 521720/2020
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/08/2020
ordered to report for induction under the Selective Training and Service Act of 1940, as
amended.
Dated: New York County, New York
December 8, 2020 ZACH†R PLLC
ffrey Zachter
FILED: KINGS COUNTY CLERK 12/08/2020 04:34 PM INDEX NO. 521720/2020
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/08/2020
Results
asof: Dec-08-2020
03:30:38
PM
Department of Defense Mañpciwer Data Center
SCRA5.6
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-7328
Birth Date:
Last Name: JOHNSON
First Name: DARNELL
Middle Name: AMOR
Status As Of: Dec-08-2020
Certificate ID: G5BVVGMLYS2GZNX
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponse theindividuals'
reflects activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponse
reflects leftactivedutystatuswithin367dayspreceding
wheretheindividual theActiveDutyStatusDate
orHis/HerunitWasNotified
TheMember ofa FutureCall-UpInActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotification
ËndDate Status ServiceComponent
NA NA No NA
Thisresponse
reflects
wheth orhis/herunithasreceived
eindividual earlynotification
toreportforactiveduty
Upon searching the data bankS of the Depârtiiiéiit 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
FILED: KINGS COUNTY CLERK 12/08/2020 04:34 PM INDEX NO. 521720/2020
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/08/2020
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 of 1940). DMDC has issued hundreds of thousands of "does not possess
the and 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 (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 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.
FILED: KINGS COUNTY CLERK 12/08/2020 04:34 PM INDEX NO. 521720/2020
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/08/2020
Center Results
asof: Dec-08-2020
03:31:04
PM
Department of Defense Manpower Data
SCRA5.6
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-0522
Birth Date:
Last Name: DEMONS
First Name: BRITTANY
Middle Name: PAIGE
Status As Of: Dec-08-2020
Certificate ID: 3Y2HG3KR08B1X69
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse theindividuals'
reflects activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponse
reflects
wheretheindividual
leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
orHis/HerUnitWasNotified
TheMember ofaFutureCall-Up
toActiveDutyonActiveDutyStatusDate
OrderNotification
StartDale OrderNotification
EndDate Status ServiceComponent
NA NA No NA
Thisresponse whether
reflects theindividual earlynotification
orhis/herunithasreceived 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
FILED: KINGS COUNTY CLERK 12/08/2020 04:34 PM INDEX NO. 521720/2020
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 12/08/2020
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense EnrG||rnênt 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'
the and Civil Relief Act 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 (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 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.