On March 28, 2022 a
No Value
was filed
involving a dispute between
Cavalry Spv I Llc As Assignee Of Citibank N.A.,
and
Osnat Arussy,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 12/08/2022 01:59 PM INDEX NO. 508842/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, INDEX NO: 508842/2022
N.A.,
NON-MILITARY
AFFIRMATION
Plaintiff,
Plaintiff's Residence Address:
vs.
1 American Lane
OSNAT ARUSSY, Suite 220
Defendant. Greenwich, CT 06831
Pursuant to CPLR §2106, the undersigned attorney, admitted to practice in the State of New York
and the attorney of record for the Plaintiff, affirms the following to be true under penalties of
perjury:
1. This affirmation is made pursuant to the Soldier's and Sailor's Civil Relief Act of 1940, as
amended, in support of Plaintiff's application to enter judgment against Defendant.
2. On , 2022 an electronic request was made by this firm to a website
maintained by the Department of Defense Manpower Data Center requesting the
Defendant's military status. The request included the said Defendant's social security
number and date of birth, if available. This information was provided to Plaintiff's attorney
by the Plaintiff.
3. The attached military status report was printed from the website on the said date and
indicates that the said Defendant is not currently on active duty.
B
Subscribed and affirmed Mandarich Law Group, LLP
Heather A. Johnson, Esq.
, 2022 Lisa Steiner, Esq.
Attorneys for Plaintiff
600 Essjay Rd., Suite 200
Williamsville, NY 14221
1-833-769-2757
1 of 3
FILED: KINGS COUNTY CLERK 12/08/2022 01:59 PM INDEX NO. 508842/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/08/2022
Resuks
asof: Dech2022 0323 AM
Department of Defense Manpower Data Center
SCRA5.15
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-7035
Birth Date: Dec-XX-1977
Last Name: ARUSSY
First Name: OSNAT
Middle Name:
Status As Of: Dec-01-2022
Certificate ID: F9ZNSWBV4NCQ3FZ
OnACGve DutyOnActveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse theindividuals'
reRects activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
reflects
ThIsresponse leftactivedutystatuswithin367dayspreceding
wheretheIndividual theActiveDutyStatusDate
orHis/Her
TheMember ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
UnitWasNotified
OrderNotification
StartDate OrderNotification
EndDate Status ServiceComponent
NA NA No NA
whether
reflects
Thisresponse orhis/herunithasreceived
theindividual toreportforactiveduty
earlynotification
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: KINGS COUNTY CLERK 12/08/2022 01:59 PM INDEX NO. 508842/2022
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/08/2022
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.
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
the and 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.
3 of 3
Document Filed Date
December 08, 2022
Case Filing Date
March 28, 2022
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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Preview
FILED: KINGS COUNTY CLERK 12/08/2022 01:59 PM INDEX NO. 508842/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, INDEX NO: 508842/2022 N.A., NON-MILITARY AFFIRMATION Plaintiff, Plaintiff's Residence Address: vs. 1 American Lane OSNAT ARUSSY, Suite 220 Defendant. Greenwich, CT 06831 Pursuant to CPLR §2106, the undersigned attorney, admitted to practice in the State of New York and the attorney of record for the Plaintiff, affirms the following to be true under penalties of perjury: 1. This affirmation is made pursuant to the Soldier's and Sailor's Civil Relief Act of 1940, as amended, in support of Plaintiff's application to enter judgment against Defendant. 2. On , 2022 an electronic request was made by this firm to a website maintained by the Department of Defense Manpower Data Center requesting the Defendant's military status. The request included the said Defendant's social security number and date of birth, if available. This information was provided to Plaintiff's attorney by the Plaintiff. 3. The attached military status report was printed from the website on the said date and indicates that the said Defendant is not currently on active duty. B Subscribed and affirmed Mandarich Law Group, LLP Heather A. Johnson, Esq. , 2022 Lisa Steiner, Esq. Attorneys for Plaintiff 600 Essjay Rd., Suite 200 Williamsville, NY 14221 1-833-769-2757 1 of 3 FILED: KINGS COUNTY CLERK 12/08/2022 01:59 PM INDEX NO. 508842/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/08/2022 Resuks asof: Dech2022 0323 AM Department of Defense Manpower Data Center SCRA5.15 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-7035 Birth Date: Dec-XX-1977 Last Name: ARUSSY First Name: OSNAT Middle Name: Status As Of: Dec-01-2022 Certificate ID: F9ZNSWBV4NCQ3FZ OnACGve DutyOnActveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse theindividuals' reRects activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA reflects ThIsresponse leftactivedutystatuswithin367dayspreceding wheretheIndividual theActiveDutyStatusDate orHis/Her TheMember ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate UnitWasNotified OrderNotification StartDate OrderNotification EndDate Status ServiceComponent NA NA No NA whether reflects Thisresponse orhis/herunithasreceived theindividual toreportforactiveduty earlynotification 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: KINGS COUNTY CLERK 12/08/2022 01:59 PM INDEX NO. 508842/2022 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 12/08/2022 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. 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 the and 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. 3 of 3