FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`
`SUPREME
`COUNTY
`
`OF THE STATE
`COURT
`OF SARATOGA
`
`OF NEW YORK
`
`Mortgage
`
`LLC
`
`d/b/a
`
`Champion
`
`Mortgage
`
`Plaintiff,
`
`Nationstar
`
`Company,
`
`-vs-
`
`AFFIDAVIT
`STATUS
`
`OF MILITARY
`
`Index
`
`No.
`
`20157
`
`Mortgaged
`Premises:
`712
`Swaggertown
`NY 12302
`
`Road,
`
`Scotia,
`
`Section
`
`256.
`
`Block
`
`1 Lot
`
`66
`
`:2
`
`r
`
`.
`
`a
`
`q
`
`as the
`a/k/a
`
`Emily
`through
`Richard
`
`Treasurer,
`County
`Montgomery
`of Emily
`of
`Califano
`the Estate
`of America
`States
`United
`and Urban
`Lawrence
`Hess;
`James
`
`Housing
`Mark
`
`Dence;
`Pietrantozzi;
`Stephen
`New York
`
`acting
`Development;
`Hess;
`
`Elaine
`
`Limited
`Administrator
`Jane Califano;
`The
`Secretary
`Hess;
`Jeffrey
`John
`Hess;
`Deborah
`John
`
`Hess;
`Scott
`
`The
`of
`
`Hess;
`Williams;
`
`Yaksta;
`Dence;
`Scherenberger;
`Dorothy
`Kathleen
`Sharon
`James;
`James;
`Alfred
`a/k/a
`Robert
`Williams
`Alfred
`Hess;
`of Taxation
`and Finance,
`State Department
`Defendants.
`
`AFFIDAVIT
`
`OF MILITARY
`
`STATUS
`
`I, Brent
`hereby
`
`Surgeoner,
`under
`affirm
`
`an attorney
`duly
`of perjury
`penalty
`
`York,
`
`admitted
`pursuant
`
`practice
`to the
`to CPLR 2106
`
`of
`
`law in the State
`that:
`
`f/k/a
`
`of New
`
`the
`
`1.
`attorneys
`
`of LOGS
`I am an associate
`Legal
`Group
`in this
`of
`record
`for Plaintiff
`action.
`
`LLP
`
`Shapiro,
`
`DiCaro
`
`& Barak,
`
`LLC,
`
`2.
`
`I am fully
`
`familiar
`
`with
`
`the
`
`facts
`
`and
`
`circumstances
`
`underlying
`
`the
`
`proceeding
`
`herein.
`
`3.
`November
`Califano
`Scott
`
`Upon
`
`reviewing
`2021,
`
`1,
`(deceased),
`John
`Hess,
`Kathleen
`James,
`armed
`of
`the
`said Defendants
`
`of
`
`the Department
`Califano
`
`of Defense
`a/k/a
`
`Hess,
`
`a search
`Defendants
`Emily
`Emily
`Richard
`Hess, Mark
`Hess,
`Jeffrey
`James
`Dence,
`Scherenberger,
`Dorothy
`and Alfred
`John
`Stephen
`Hess,
`Hess,
`of America,
`the United
`and
`States
`in the
`armed
`services
`at
`time.
`this
`
`manpower
`Jane Califano
`Lawrence
`Deborah
`
`database
`a/k/a
`Elaine
`
`executed
`
`on
`
`J.
`
`Emily
`Yaksta,
`Sharon
`members
`
`stating
`
`that
`
`Hess,
`Pietrantozzi,
`are not
`active
`certificates
`
`Williams,
`I am attaching
`
`Dence,
`James,
`of
`services
`are not
`
`FURTHER
`
`AFFIANT
`
`SAYETH
`
`NAUGHT.
`
`Date:
`
`Ovd
`
`p)
`
`Z---O 2 (
`
`By:
`Brent
`Surgeoner,
`Associate
`LOGS
`DICARO
`Attorneys
`175 Mile
`
`Esq.
`
`Attorney
`GROUP
`LEGAL
`& BARAK,
`for Plaintiff
`
`LLP F/K/A
`LLC
`
`SHAPIRO,
`
`Boulevard
`Crossing
`New York
`14624
`247-9000
`
`(585)
`247-7380
`
`Page 1 of 1
`
`14-038653
`
`Rochester,
`Telephone:
`Fax:
`Military Affidavit
`
`(585)
`
`1 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`
`Department
`
`of Defense
`
`Mailpüwer
`
`Data
`
`Center
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`Resultsasof: Nov-03-202109:43:22AM
`
`SCRA5.11
`
`Status
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Last
`
`First
`
`Date:
`
`Name:
`
`Name:
`
`Middle
`
`Name:
`
`Status
`
`As Of:
`
`Certificate
`
`ID:
`
`HESS
`
`MARK
`
`Nov-03-2021
`S21Y3W1W9MMHYDT
`
`ActiveDutyStartDate
`NA
`
`OnActiveDutyOnActiveDutyStatusDate
`ActiveDutyEndDate
`Status
`NA
`No
`Thisresponsereflectstheindividuals'activedutystatusbasedontheActjveDutyStatusDate
`
`ServiceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`ActiveDutyEndDate
`Status
`No
`NA
`Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`orderNotificationStartDate
`NA
`
`TheMemberorHis/HerUnitWasNotifiedofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
`Status
`OrderNotificationEndDate
`NA
`No
`Thisresponsereflectswhetherthéindividualorhis/herunit.hasreceivedearlynotificationtoreportforactiveduty
`
`ServiceComponent
`NA
`
`that you provided, the above is the status of
`Upon searching the data banks of the nanartmant of Defense Mer.power Data Center, based on the !ñfcrñuts
`the individual on the active duty status date as to all branches of the I lnW~rn=d Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes iiifsiiñãt:Gñ 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 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`RECEIVED NYSCEF: 12/15/2021
`The Defense Mannnwer Data Center (DMDC) is an organization of the nanertmant of Defense (DoD) that n .:nts|ns the Defense Enre!!ment 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. 20157
`
`of the Serviwn,oinburs Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
`The DoD strongly supports the eñMêmsat
`the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hüñdrede of thousands of "does not possess any !nfarrn=+innindicating that the
`is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referéñced above, or any family
`individual
`member, friend, or isprê5êñtative 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 vo,i;;oceun of the person's status by contacting that person's Service. Service contact
`infGrmâticñ can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mi!/scrª™!faqs,
`If you have evidence the person
`was on active duty for the active duty status date and you fail to obtain this =+ii+inn=i Service verificat|üñ, punitive provisions of the SCRA may be invoked
`against you. See 50 USC App. § 3921(c).
`
`This response reflects the following information:
`left Active
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual
`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
`than 30 enneanutive 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 reannnding to a national emergency declared by the
`President and supported by Federal funds. AII Active Guard Reserve (AGR) members must be assigned against an âütharized mobili?etian position in the
`unit they support. This includes Navy Training and Mrninic+r=Mn 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 commincinned officer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`in Some
`the SCRA
`Cases
`is Broader
`Coverage
`Under
`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 pr0tert!G=ê 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 pivinctions. Persons seeking to rely on this website
`es-tTcstian should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
`FüAh÷rmGrê, 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 guarantaed to Service members under the SCRA
`are protected
`
`W.^RN!NG: 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 sirGñeóüs certificate to be provided.
`
`3 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`Department
`of Defense
`
`Mañpower
`
`Data
`
`Center
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`Resultsasof: Nov-03-202109:43:19AM
`
`ŠCRA5.11
`
`Status
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Date:
`
`LastName:
`
`First
`
`Name:
`
`Middle
`
`Name:
`
`HESS
`
`RICHARD
`
`Status
`
`As Of:
`
`Nov-03-2021
`
`Certificate
`
`ID:
`
`P8P8X6L9Z80MVBO
`
`ActiveDutyStartDate
`
`OnActiveDutyOnActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`No
`NA
`ThisresponsereflectstheIndividuals'activedutystatusbasedontheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`- _
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`No
`NA
`Thisrogenceæ9ectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotificationStartDate
`NA
`
`TheMemberorHis/HerUnitWasNotifiedofaFutureCall-UptoActiveDutyonActiveDutyStatusDate
`Status
`OrderNotificationEndDate
`No
`NA
`ThisresponsereflectswhethertheIndividualorhis/herunithasreceivedearlynotificationtoreportforactiveduty
`
`ServiceComponent
`NA
`
`Upon seen hiiig 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 informet!en on a G6P
`or his/her unit receiving notification of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`Department of Defense - Menpra.uerData Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`4 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`RECEIVED NYSCEF: 12/15/2021
`The Defense Manpower Data Center (DMDC) is an organization of the Depwiment of Defense (DoD) that maintains the Defense pnrnliment 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. 20157
`
`The DoD strongly supports the éñfercêmsñt 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 sperisiued
`only a small error rate. In the event the individual referenced above, or any family
`individual
`member, friend, or reprê5êñürv5 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 cGatact|ñg that person's Service. Service contact
`If you have evidence the person
`"#ëqs.
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/sc
`was on active duty for the active duty status date and you fail to obtain this addiiiunal 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 net!ñcetion 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 acuuidaiice 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 cGasacütiva days in length were available.
`euthorized 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 Admh deh tiOnof the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commiscioned officer of the U.S.
`Program Ad÷treer
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA 0c"Wened
`Corps).
`
`in Some
`the SCRA
`Cases
`is Broader
`Coverage
`Under
`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 prefect!ûñ:. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA p:ei=uüu::: are based have not been amended to extend the inclusive dates of service.
`sitheirñGre, 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
`twGuns 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.
`
`5 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`
`Department
`
`of Defense
`
`Manpower
`
`Data
`
`Center
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`Resultsasof: Nov-03-202109:43:28AM
`
`ScRA5.11
`
`Status
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Date:
`
`Last
`
`First
`
`Name:
`
`Name:
`
`Middle
`
`Name:
`
`Status
`
`As Of:
`
`Certificate
`
`ID:
`
`HESS
`
`LAWRENCE
`
`Nov-03-2021
`QLM9N4MFZSNCXFT
`
`ActiveDutyStartDate
`NA
`
`OnActiveDutyOnActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`ThisresponsereflectstheIndividuals'activedutystatusbasedontheActiveDutyStatusDate
`.
`.
`
`ServiceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`No
`NA
`Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotificationStartDate
`NA
`
`TheMemberorHis/HerUnitWasNotifiedofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
`Status
`orderNotificationEndDate
`NA
`No
`Thisresponsereflectswhethertheindividualorhis/herunithasreceivedearlynotificationtoreportforactiveduty
`
`ServiceComponent
`NA
`
`that you provided, the above is the status of
`Upon searching the data banks of the Dagaiimoni of Defense Menpower Data Center, based on the liifOriciatici
`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 Seruinamembar or his/her unit receiving ñctitcsticñ of future orderS to report for Active Duty.
`
`Michael V. Sorrento, Director
`Depë"mêñt of Defense - M£ñpe-
`400 Gigling Rd.
`Seaside, CA 93955
`
`Data Center
`
`6 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`RECEIVED NYSCEF: 12/15/2021
`The Defense Manpower Data Center (DMDC) is an organizet!en of the Department of Defense (DoD) that ms!ñts|ñs the Defense Eñrc||rñêñt 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. 20157
`
`The DoD strongly supports the enforcement of the Ser"icêmembers 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" rempunst:s,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 ouniouiiny that person's Service. Service contact
`If you have evidence the person
`inhrmet!on can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.osd.mil/scraW!kqs.
`was on active duty for the active duty status date and you fail to obtain this additicaâ| Service ver!ñœtion, 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 informet!en:
`Duty status within 367 days precêd|ñg the Active Duty Status Date (3) Whether the individual or his/her unit received early not!ñcetion 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 scccidâñcs 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 6ra6rg6ñcy 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 Adm!nietret!en of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`(RPAs). Active Duty status also applies to a Unife"nad Service member who is an active duty commissionêd officer of the U.S.
`Program Adin;n;oimiv,
`Public Health Service or the National Oceanic and Atmospheric Administret!en (NOAA Commissioned Corps).
`
`the SCRA
`in Some
`is Broader
`Under
`Coverage
`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 certitcatê. SCRA
`invi;vus 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 emended to extend the period of active duty, which would extend SCRA protect!ons. Persons seeking to rely on this website
`cer+!ñcetionshould check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
`rmers, 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
`F
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protect!ens 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 guarantééd to Service members under the SCRA
`are protected
`
`WARNING: This cêrtificatê was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`erroneous infcrraâticñ will cause an erroneous certificate to be provided.
`
`7 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`
`Department
`
`of Defense
`
`Mañpcwer
`
`Data
`
`Center
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`Resultsasof: Nov-03-202109:43:25AM
`
`SCRA5.11
`
`Status
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Date:
`
`Last
`
`First
`
`Name:
`
`Name:
`
`Middle
`
`Name:
`
`HESS
`
`JEFFREY
`
`Status
`
`As Of:
`
`Nov-03-2021
`
`Certificate
`
`ID:
`
`FKCYKCB69PMMQZM
`
`ActiveDutyStartDate
`NA
`
`OnActiveDutyOnActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresponsereflectsthe.individuals'activedutystatusbasedontheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`LeftActiveDutyWthin367DaysofActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`No
`NA
`Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotificationStartDate
`NA
`
`TheMemberorHis/HerUnitWasNotifiedofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
`Status
`OrderNotificationEndDate
`No
`NA
`Thisresponsereflectswhethertheindividualorhis/herunithasreceivedearlynotificationtoreportforactiveduty
`
`ServiceComponent
`NA
`
`Upon 5âârch|ñg the data banks of the Department of Defense Meñpeffer Data Center, based on the :ñfairnsticñ 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 !ñfermst!cñ on a Seraemember
`of future orders to report for Active Duty.
`or his/her unit receiving ñóiifi
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigiing Rd.
`Seaside, CA 93955
`
`8 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`RECEIVED NYSCEF: 12/15/2021
`NYSCEF DOC. NO. 68
`Data Center (DMDC) is an ec
`A of the Department of Defense (DoD) that maintains the Defense Enic||ment and Eligibility
`The Defense ivipswér
`Rapcit|ng System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
`
`INDEX NO. 20157
`
`The DoD strongly supports the enforcement of the Servicemembere 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 thausâñds of "does not possess any infsimât|GB 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 rape-
`We 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 vermeetion 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 auuiiiunmi Service verification, punitive previe!ene of the SCRA may be invoked
`against you. See 50 USC App. § 3921(c).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual
`This response reflects the following infermaticn:
`left Active
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individuai or his/her unit received early 50t!E3t!ün 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 accGidâñcs 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
`of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`unit they support. This includes Navy Training and Admiéimiim
`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 CammissiGned Corps).
`
`in Some
`the SCRA
`Cases
`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 petad!ens. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA pictscticns are based have not been amended to extend the inclusive dates of service.
`Fudhermore, some prGtâcticñs 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 güãrâñ‡GGdto Service members under the SCRA
`are protected
`
`WARN:NG: 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.
`
`9 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`NYSCEF DOC. NO. 68
`
`Department
`
`of Defense
`
`Manpower
`
`Data
`
`Center
`
`INDEX NO. 20157
`
`RECEIVED NYSCEF: 12/15/2021
`Resultsasof: Nov-03-202109:43:30AM
`
`SCRA5.11
`
`Status
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Date:
`
`Last
`
`First
`
`Name:
`
`Name:
`
`Middle
`
`Name:
`
`YAKSTA
`
`ELAINE
`
`Status
`
`As Of:
`
`Nov-03-2021
`
`Certificate
`
`ID:
`
`SFYLZLSSQFHY9F9
`
`ActiveDutyStartDate
`NA
`
`OnActiveDutyOnActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresponsereflectstheindividuals'activedutystatusbasedontheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`ActiveDutyStartDate
`NA
`
`LeftActiveDutyWthin367DaysofActiveDutyStatusDate
`Status
`ActiveDutyEndDate
`NA
`No
`Thisresp--e -me± where.theindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotificationStartDate
`NA
`
`TheMemberorHis/HerUnitWasNotifiedofaFutureCall-uptoActiveDutyonActiveDutyStatusDate
`Status
`OrderNotificationEndDate
`No
`NA
`Thisresponsereflectswhethertheindividualorhis/herunithasreceivedearlynotificationtoreportforactiveduty
`
`ServiceComponent
`NA
`
`i of DefenSe Manpower Data Center, based on the infGrisiatiGrithat you provided, the above is the status of
`Upon searching the data banks of the Depe:1
`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 Servicamember or his/her unit receiving F.:t!ñ:2t!ce of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`10 of 37
`
`

`

`FILED: SARATOGA COUNTY CLERK 11/08/2021 11:15 AM
`RECEIVED NYSCEF: 12/15/2021
`NYSCEF DOC. NO. 68
`imo.it of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`The Defense Manpower Data Center (DMDC) is an organization of the Csg-
`Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
`
`INDEX NO. 20157
`
`The DoD strongly supports the enforcement of the CGrvicsmcmbers 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 inuusends of "does not possess any information indicating that the
`is currently on active duty" responses, and has avnarianmd only a small error rate. In the event the individual refersñcGd above, or any family
`individual
`member, friend, or repré5êñ‡âüvGasserts in any manner that the individual was on active duty for the active duty status date, or is 0the:÷iise entitled to the
`protections of the SCRA, you are strongly enevüiâÿéd 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 additiGñâ| Service vmifiwiian, punitive provisions of the SCRA may be invoked
`against you. See 50 USC App. § 3921(c).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual
`This response reflects the following information:
`left Active
`Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early ñGtif|câtiGñto 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 âccGidâñcs 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 cali to active service
`authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national Gmargañcy declared by the
`President and suppened 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 Administret!en 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 cGmmissicñGd officer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`in Some
`the SCRA
`Cases
`is Broader
`Coverage
`Under
`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 certiliwie. SCRA p,uiooi;viia 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.
`Furth6rmüra, 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 pratscucñ5 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 güârâñtêêd to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a last n