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  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
  • American Express National Bank v. Jairo Pinto A/K/A JAIRO A PINTO Other Matters - Consumer Credit (Card) Original Creditor Plaintiff document preview
						
                                

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FILED: NASSAU COUNTY CLERK 04/13/2023 03:15 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 04/13/2023 SUPREME COURT COUNTY OF NASSAU STATE OF NEW YORK AMERICAN EXPRESS NATIONAL BANK, Plaintiff, Index No. 617091/2019 vs. AFFIRMATION OF MILITARY INVESTIGATION JAIRO PINTO AKA JAIRO A P1NTO, Defendant(s). THE UNDERSIGNED, hereby affirms the following to be true under penalties of perjury, pursuant to the Servicemembers Civil Relief Act: 1. I am an attorney at law, licensed to practice in the State of New York. 2. I am over the age of 18 and I reside in the State of New York. I am an employee of the law firm of Zwicker & Associates, P.C., 1225 Franklin Avenue, Suite 260, Garden City, NY 11530, attorneys for the Plaintiff. 3. I believe that Defendant, JAIRO PINTO AKA JAIRO A PINTO, is not currently in the military service, based on the results of a query to the Department of Defense Manpower Data Center, by the Garden City, NY office of Zwicker & Associates, P.C., using Defendant's name and date of birth or social security number as reflected in Plaintiff's records. A copy of the results of that query is attached hereto. Dated: April /J , 2023 ] EVRI IKE KOLLIS, ESQ. [ ] NNA LUISA LOISELL , ESQ. [ NEYCI LOPEZ, ESQ. [ ] LETISHA NOEL, ES . [ ] AKSANA BONDARTSEVA, ESQ. [ ] KEISHA SAPPHIRE HOLGATE, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 1225 FRANKLIN AVENUE SUITE 260 GARDEN CITY, NY (866)348-9020 1 of 5 FILED: NASSAU COUNTY CLERK 04/13/2023 03:15 PM INDEX NO. 617091/2019 Resultsasof: Apr-11-2023 01:47:39 PM Department of Defense Manpower Data Center NYSCEF DOC. NO. 35 RECEIVED NYSCEF: SCRA 04/13/2023 5.15 Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: PINTO First Name: JAIRO Middle Name: Status As Of: Apr-11-2023 Certificate ID: 251F3MFZ4ZLRNV6 Acti Du tar I ate . A t)veDuty d DÏÎte Sta,0 So iceComponent NA NA No NA reflectstheindividuals' Thisresponse activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDuy tartDye ActiveDutyEndDate Status ServiceCom),onen NA NA No . NA reflectswheretheindividual Thisresponse theActiveDutyStatusDate leftactivedutystatuswithin367dayspreceding orHis/HerUnitWasNotifiedofa FutureCall-UptoActiveDutyonActiveDutyStatusDate TheMember ÒrderNotifi tionSeart te OrderNotification EndDate Status Ser Component si; . . NA NA No NA Thisresponse whethertheindividual reflects toreportforactiveduty earlynotification orhis/herunithasreceived Upon searching the data banks of the Department of Defense Manpower bata Ceüte-Y,3ased on the information that you provided, the above is the status of Public Health, and the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, 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 5 FILED: NASSAU COUNTY CLERK 04/13/2023 03:15 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 35 The Defense Manpower RECEIVED NYSCEF: 04/13/2023 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 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 (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 5 FILED: NASSAU COUNTY CLERK 04/13/2023 03:15 PM INDEX NO. 617091/2019 asof: Apr-11-2023 Results 01:47:55PM NO. 35of Department NYSCEF DOC. Defense Manpower Data Center RECEIVED NYSCEF: 04/13/2023 SCRA5.15 Ptunant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: PINTO First Name: JAIRO Middle Name: A Status As Of: Apr-11-2023 Certificate ID: 60YZF55Q0P9BHS4 ' ½ OnAc e Dutyo ÖI ctiveDuty 13tus rt Date ActiveputyEndDate t > Sebvice compoIent. livp Duty NA NA N NA reflectstheindividuals' Thisresponse activedutystatusbasedontheActiveDutyStatusDate . LeftActiveDutyWithin367DaysofActiveDutyStatusDate . cliveDit StartDate ActiveDutyEndDate Status ServiceComponent NA NA .. No NA reflectswheretheindividual Thisresponse theActiveDutyStatusDate leftactivedutystatuswithin367daysprecedirig p toActiveDutyonActiveDutyStatusDate orHis/HerUnitWasNotifiedofa FutureCall-U TheMember . StartDate OrderNoyficatiòn OrderNotification EndDate Status . . Ser cMo]p neent NA NA No NA orhis/herunithasreceived reflectswhethertheindividual Thisresponse toreportforactiveduty earlynotification Upon searching the data banks of the Depadment 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 4 of 5 FILED: NASSAU COUNTY CLERK 04/13/2023 03:15 PM INDEX NO. 617091/2019 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 04/13/2023 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 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 (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. 5 of 5