FILED: MONTGOMERY COUNTY CLERK 07/28/2021 12:30 PM
`NYSCEF DOC. NO. 6
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 07/28/2021
`
`SUPREME COURT
`COUNTY OF MONTGOMERY STATE OF NEW YORK
`
`FIVE STAR BANK
`
`vs
`
`Plaintifr
`aunuitt,
`
`COURTNEY §. COOK
`
`JORDAN LEE BAKER
`
`Defendants.
`
`AFFIDAVIT OF INVESTIGATOR
`OF NON-MILITARY STATUS
`
`Index No. EF2021-2
`
`STATE OF NEW YORK)
`COUNTY OF MONROE)
`
`ss.: LORI J. PFEIL, being duly sworn, deposesandsays:
`
`That deponentis nota party ofthis action,is over the age of eighteenofyears, and resides in
`Rochester, New York. Plaintiff is seeking to enter a judgmentagainstthe following Defendant(s):
`
`COURTNEYS. COOK
`JORDAN LEE BAKER
`
`As an employee of Woods Oviatt Gilman LLP,attorneys for the Plaintiff to swear as to my
`own personal knowledge whether or not said Defendant(s)is/are in military service pursuant to the
`United States Soldiers and Sailor’s Relief Act or 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. I communicated with the Department of Defense, Defense ManpowerData
`Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209, wherein I provided them with the
`Defendant(s) nameand social security number. In response to my inquiry it was confirmed within
`twenty days of the date of application ofjudgment, that said Defendant(s) is/are not in any branch of
`the military. From the facts aboveset forth, I am convincedthat said Defendant(s) is/are not in any
`branchofthe military service at the presenttime.
`-
`
`Sworn to before me on
`
`
` AI
`
`Notary Public ]
`
`KATHLEEND. KITHCART
`Notary Public, State of New York
`Qualified in Monroe County
`_ No. 01Ki4950664
`Commission Expires May 8, 2023
`
`(8530753: }
`
`1 of 5
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 07/28/2021 12:30 PM
`NYSCEF DOC. NO. 6
`Department of Defense ManpowerData Center
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 07/28/2021
`Results as of : Jul-21-2021 05:14:08 AM
`
`SCRA 5.8
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act
`
`COOK
`COURTNEY
`
`S J
`
`ul-21-2021
`1K14N372PQB86JF
`
`SSN:
`
`Birth Date:
`
`Last Name:
`
`First Name:
`
`Middle Name:
`
`Status As Of:
`
`Certificate ID:
`
`
`
`OnActive Duty On Active Duty Status Date
`
` Active Duty Start Date
`Active Duty End Date
`Status
`Service Component
`
` NA
`
`NA
`
`No
`NA
`
`
`
`This responsereflects the individuals’ active duty status based on the Active Duty Status Date
`
`
`
`
`
`Left-Active Duty Within 367 Days of Active Duty Status Date
`
` Active Duty Start Date
`Active: Duty End Date
`Service Component
`Status
`
` NA
`
`
`NA
`No
`NA
`This responsereflects where the individual left active duty status within 367 days preceding the Active Duly Status Date
`
`
`
`
`
`
`
`
`
`
`The:Member.or His/Her Unit WasNotified of a Future Call-Up to Active Duty on Active Duty Status Date
`
` OrderNotification Start Date
`OrderNotification End Date
`Status.
`Service Component
`
` NA
`
`NA
`
`No
`NA
`This responsereflects whetherthe individual or his/her unit has received earlynotification 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 aboveis 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 orhis/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: MONTGOMERY COUNTY CLERK 07/28/2021 12:30 PM
`NYSCEF DOC. NO. 6
`RECEIVED NYSCEF: 07/28/2021
`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 whichis theofficial source of data oneligibility for military medical care and other eligibility systems.
`
`INDEX NO. EF2021-2
`
`The DoD strongly supports the enforcementof 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), DMDChas 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 errorrate. In the eventthe individual referenced above, or any family
`member,friend, or representative asserts in any mannerthatthe individual was on active duty for the active duty status date, oris otherwise entitled to the
`protections of the SCRA,you are strongly encouraged to obtain furtherverification 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 maybe invoked
`against you. See 50 USCApp. § 3921(c).
`
`This responsereflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whethertheindividual 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 undera 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 mustbe 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 whois an active duty commissionedofficer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRAis Broader in Some Cases
`Coverage under the SCRAis 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. SCRAprotections 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).
`
`Manytimes orders are amendedto extend the period of active duty, which would extend SCRA protections. Persons seekingto rely on this website
`certification should check to make sure the orders on which SCRAprotections are based have not been amendedto extendthe inclusive dates of service.
`Furthermore, someprotections of the SCRA may extend to persons who havereceived 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 ofprotections of the SCRA
`extend beyondthe last dates of active duty.
`
`Those who could rely on this certificate are urged to seek qualified legal counselto ensure thatall 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 erroneouscertificate to be provided.
`
`3 of 5
`
`

`

`FILED: MONTGOMERY COUNTY CLERK 07/28/2021 12:30 PM
`NYSCEF DOC. NO. 6
`Department of Defense Manpower Data Center
`
`INDEX NO. EF2021-2
`
`RECEIVED NYSCEF: 07/28/2021
`Results as of : Jul-21-2021 05:14:45 AM
`
`SCRA 5.8
`
`Status Report
`
`Pursuant to Servicemembers Civil Relief Act
`
`SSN:
`
`Birth Date:
`
`quam
`
`Last Name:
`
`BAKER
`
`First Name:
`
`JORDAN
`
`Middle Name:
`
`LEE
`
`Status As Of:
`
`Jul-21-2021
`
`Certificate ID:
`
`_NGVKW6076ZSB3DR
`
`
`
`On Active Duty On Active Duty Status Date
` Active Duty Start Date
`Active Duty End Date
`Status
`Service Component
`
`
`
`
`NA
`
`NA
`
`No
`
`NA
`
`
`
`This responsereflects the individuals’ active duty status based on the Active Duty Status Date
`
`
`
`Left Active: Duty Within 367. Days of Active Duty Status Date
`
`
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`NA
`
`NA
`
`
`
`
`
`
`
`This responsereflects where ‘the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`No
`
`NA
`
`
`
`
`
`The Memberor His/Her, Unit Was.Notified of a Future Call-Up to Active Duty on.Active Duty Status Date
`
` OrderNotification Start Date
`OrderNotification End Date
`Status
`Service Component
`
` NA
`
`NA
`
`NA
`No
`This responsereflects whetherthe individual or his/her unit has received earlynotification 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 aboveis the status of
`the individualon 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 Servicememberorhis/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: MONTGOMERY COUNTY CLERK 07/28/2021 12:30 PM
`NYSCEF DOC. NO. 6
`RECEIVED NYSCEF: 07/28/2021
`The Defense ManpowerData Center (DMDC) is an organization of the Department of Defense (DoD)that maintains the Defense Enrollmentand Eligibility
`Reporting System (DEERS) database whichis the official source of data on eligibility for military medical care and othereligibility systems.
`
`INDEX NO. EF2021-2
`
`The DoD strongly supports the enforcementof the ServicemembersCivil 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 hundredsof thousands of "does not possessanyinformation indicating that the
`individual is currently on active duty" responses, and has experienced only a small errorrate, In the event the individual referenced above, or any family
`member, friend, or representative asserts in any mannerthat the individual was on active duty for the active duty status date, or is otherwiseentitled to the
`protections of the SCRA,you are strongly encouragedto obtain furtherverification 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 onactive duty for the active duty status date and youfail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
`against you. See 50 USC App. § 3921(c).
`
`This responsereflects the following information: (1) The individual's Active Dutystatus on the Active Duty Status Date (2) Whetherthe individualleft Active
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individualorhis/herunit 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 ofthe 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 emergencydeclared 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 commissionedofficer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRAis Broader in Some Cases
`Coverage under the SCRAis broader in some cases andincludes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis certificate. SCRA protectionsarefor 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).
`
`Manytimes orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seekingto rely on this website
`certification should check to makesure the orders on which SCRAprotections are based have not been amendedto extend the inclusive dates of service.
`Furthermore, someprotections of the SCRA may extend to persons who havereceived ordersto reportfor 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 whocould rely onthis certificate are urged to seek qualified legal counselto ensurethatall rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a last name, SSN/dateofbirth, and active duty status date provided by the requester. Providing
`erroneous information will cause an erroneouscertificate to be provided.
`
`5 of 5
`
`