`NYSCEF DOC. NO. 11
`
`INDEX NO. E67599
`
`RECEIVED NYSCEF: 08/28/2019
`
`STATE
`SUPREME
`
`OF NEW YORK
`COURT
`: COUNTY
`
`OF GENESEE
`
`NORTHWEST
`SAVINGS
`
`BANK
`BANK,
`
`f/k/a NORTHWEST
`
`Plaintiff,
`
`vs.
`
`Index No.:
`
`E67599
`
`INC.,
`
`ACME
`OF N.Y.,
`HOLDINGS
`MICHAEL
`S. TOMASZEWSKI,
`MICHAEL
`S. TOMASZEWSKI
`FUNERAL
`AND CREMATION
`LLC,
`CHAPEL,
`and JOHN DOE 1 and 2,
`of
`the
`the Names
`Doe"
`and
`"John
`Defendants
`Fictitious
`Being
`Unknown
`to Plaintiff,
`but
`Intended
`to be Parties,
`if any, Having
`or Claiming
`an Interest
`in the
`Personal
`Described
`Property
`
`Herein,
`
`Defendant(s).
`
`AFFIDAVIT
`
`OF NON-MILITARY
`
`SERVICE
`
`ss.:
`
`) )
`
`)
`
`STATE
`
`OF NEW YORK
`
`COUNTY
`
`OF ERIE
`
`Amy M. Hill,
`
`being
`
`duly
`
`sworn,
`
`deposes
`
`and
`
`says:
`
`1.
`
`attorneys
`
`for
`
`the
`
`plaintiff
`
`That
`
`I am a paralegal
`in the
`above
`entitled
`
`with
`
`Rupp
`action.
`
`Baase
`
`Pfalzgraf
`
`Cunningham
`
`LLC,
`
`After
`
`a diligent
`2.
`has been
`S. Tomaszewski,
`Members
`and
`the Service
`law,
`of Defense
`certification
`time.
`
`at
`
`this
`
`Michael
`
`military
`Department
`service
`
`search
`
`determined
`Civil
`
`stating
`
`on August
`conducted
`2019,
`28,
`service
`not
`to be in the military
`Relief
`Act.
`Attached
`as Exhibit
`that
`the
`defendant
`is not
`an active
`
`the
`
`defendant,
`as defined
`by
`A is a copy
`of a
`member
`of military
`
`the
`
`Sworn
`28
`
`day
`
`to before
`of August,
`
`me this
`2019.
`
`Amy
`
`.
`
`11
`
`Notary
`
`Public
`Public,
`Notary
`Que!!fiod
`My commission
`
`an Coughlin
`of New York
`State
`in Erie County
`expires
`May/5/202.0
`
`1 of 4
`
`
`
`
`
`INDEX NO. E67599
`INDEX NO. E67599
`
`
`
`
` EIV.
`
`ED NYSCEF: 08/28/2019
`RECEIVED NYSCEF: 08/28/2019
`
`
`
`FILED: GENESEE COUNTY CLERK 08/28/2019 07:41 PM
` FILED: GENESEE COUNTY CLERK 08/28/2019 07:41 P
`NYSCI EF DOC. NO. 11
`NYSCEF DOC. NO. 11
`
`EXHIBITA
`EXHIBIT A
`
`2 of 4
`2 of 4
`
`
`
`FILED: GENESEE COUNTY CLERK 08/28/2019 07:41 PM
`NYSCEF DOC. NO. 11
`
`INDEX NO. E67599
`
`RECEIVED NYSCEF: 08/28/2019
`Aug-28-2019 02:34:52 PM
`
`5.0
`
`XXX-XX-8916
`
`TOMASZEWSKI
`
`M A
`
`ug-28-2019
`Y9R72JZ1R3JGDBQ
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`No
`
`No
`
`No
`
`NA
`
`NA
`
`NA
`
`3 of 4
`
`Department of Defense Manpower Data Center
`
`Results as of :
`
`SCRA
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`On Active Duty On Active Duty Status Date
`
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`Order Notification Start Date
`
`Order Notification End Date
`
`Status
`
`Service Component
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`
`This response reflects whether the individual or his/her unit has received early 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
`
`
`
`FILED: GENESEE COUNTY CLERK 08/28/2019 07:41 PM
`NYSCEF DOC. NO. 11
`RECEIVED NYSCEF: 08/28/2019
`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.
`
`INDEX NO. E67599
`
`The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 501 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 (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. 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. ? 521(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. 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.
`
`4 of 4
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