`NYSCEF DOC. NO. 16
`SUPREME
`COUNTY
`
`OF THE STATE
`COURT
`OF MONTGOMERY
`
`OF NEW YORK
`
`INDEX NO. EF2022-2
`
`RECEIVED NYSCEF: 04/25/2022
`
`INDEX
`
`NO.
`
`EF2022-2
`
`Crown
`
`Asset Management,
`
`LLC
`
`Valerie M Butler
`
`vs.
`
`Plaintiff,
`
`Defendant(s),
`
`AFFIRMATION
`
`The
`undersigned
`follows:
`
`attorney,
`
`pursuant
`
`to CPLR 2106
`
`and
`
`under
`
`the
`
`penalties
`
`of perjury,
`
`affirms
`
`as
`
`1.
`
`fully
`
`I am an associate
`
`of
`
`the firm appearing
`
`as attorneys
`
`of
`
`record
`
`for
`
`the Plaintiff
`
`and am
`
`familiar
`
`with
`
`all of
`
`the statements
`
`submitted
`
`herein.
`
`I submit
`
`this Affirmation
`
`in support
`
`of
`
`the Plaintiff's
`
`submission
`
`of a default
`
`judgment
`
`in favor
`
`of
`
`the Plaintiff
`
`and against
`
`the
`
`Defendant(s).
`
`2.
`
`This
`
`affidavit
`
`is made
`
`pursuant
`
`to the United
`
`States Soldiers
`
`and Sailor's
`
`Relief
`
`Act
`
`of
`
`1940,
`
`App.
`
`Secs.
`
`501et.
`
`Seq.
`
`for
`
`the purpose
`
`of
`
`the entry
`
`of a judgment
`
`50 U.S.C.A.
`as amended,
`Valerie M Butler
`
`, Defendant(s)
`
`against
`
`in the above
`
`entitled
`
`action.
`
`3.
`
`I provided
`
`Department
`
`of Defense
`
`Manpower
`
`Data Center
`
`with
`
`the pertinent
`
`information,
`
`about
`
`the Defendant(s),
`
`such
`
`as date of birth
`
`and social
`
`security
`
`number
`
`which
`
`I know
`
`because
`
`this
`
`information
`
`was provided
`
`to us by the Plaintiff
`
`and we further
`
`verified
`
`this
`
`information
`
`in a
`
`credit
`
`report
`
`bearing
`
`Defendant's(s')
`
`name,
`
`date of birth
`
`and social
`
`security
`
`number.
`
`I requested
`
`a
`
`military
`
`investigation
`
`be conducted.
`
`4.
`
`Based
`
`upon
`
`the response
`
`I received
`
`from the Department
`
`of Defense
`
`Manpower
`
`Data
`
`Center
`
`dated
`
`04/20/2022,
`
`I am convinced
`
`that
`
`the Defendant(s)
`
`is/are
`
`not
`
`in any branch
`
`of
`
`the
`
`United
`
`States military.
`
`Dated:
`
`April
`
`20,
`
`2022
`
`O Joseph J.
`¡
`Aksana Bondartseva
`¡
`Stephen Einstein
`S.E ACCT. NO. 409830
`
`oseph G. Devine
`R. Vetch
`Stephanie
`Evridike
`Kollis
`
`S_J_NonMil
`
`1 of 3
`
`
`
`FILED: MONTGOMERY COUNTY CLERK 04/25/2022 10:06 AM
`NYSCEF DOC. NO. 16
`Department
`of Defense
`
`Manpower
`
`Data
`
`Center
`
`INDEX NO. EF2022-2
`
`RECEIVED NYSCEF: 04/25/2022
`Resultsasof: Apr-20-202209:20:15AM
`
`SCRA5.12
`
`Status
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Date:
`
`Last
`
`Name:
`
`First
`
`Name:
`
`XXX-XX-8471
`
`Jun-XX-1983
`BUTLER
`
`VALERIE
`
`Middle
`
`Name:
`
`M
`
`Status
`
`As Of:
`
`Apr-20-2022
`
`Certificate
`
`ID:
`
`84KFBR1QB6YJB42
`
`ActiveDutyStartDate
`NA
`
`OnActiveDutyOnActiveDutyStatusDate
`ActiveDutyEndDate
`Status
`NA
`No
`Thisresponsereflectstheindividuals'activedutystatusbasedontheActiveDutyStatusDate
`
`serviceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotillcatkmSiertDate
`NA
`
`TheMemberorHis/HerUnitWasNotitledofaFutureCall-UptoActiveDutyonActiveDutyStatusDate
`OrderNotificationEndDate
`Status
`NA
`No
`Thisresponsereflectswhethertheindividualorhis/herunithasreceivedearlynotilicationtoreportforactiveduty
`
`ServiceComponent
`NA
`
`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
`
`2 of 3
`
`
`
`FILED: MONTGOMERY COUNTY CLERK 04/25/2022 10:06 AM
`NYSCEF DOC. NO. 16
`RECEIVED NYSCEF: 04/25/2022
`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. EF2022-2
`
`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
`is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
`individual
`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
`If you have evidence the person
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.osd.millscra/#/faqs.
`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).
`
`left Active
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual
`This response reflects the following information:
`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"
`on "Active
`information
`More
`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
`In the case of a member of the National Guard, this includes service under a call to active service
`than 30 consecutive days in length were available.
`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).
`
`the SCRA
`Cases
`in Some
`is Broader
`Under
`Coverage
`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.
`
`3 of 3
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