Preview
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
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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
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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.
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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
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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
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.
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