Preview
FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM INDEX NO. E2021008192
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3012813
Book Page CIVIL
Return To: No. Pages: 4
ELIZABETH ANN CLARKE
Instrument: AFFIDAVIT
Control #: 202203101173
Index #: E2021008192
Date: 03/10/2022
DISCOVER BANK Time: 2:58:56 PM
ARGENTO, JOY F
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
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202203101173 Index NO.
INDEX E2021008192
# : E2021008192
FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
SUPREME COURT
COUNTY OF MONROE STATE OF NEW YORK
DISCOVER BANK,
Plaintiff,
Index No. E2021008192
vs.
AFFIDAVIT OF MILITARY
JOY F ARGENTO, INVESTIGATION
Defendant.
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 am an employee of the law firm of Zwicker &
Associates, P.C., attorneys for the Plaintiff.
3. I believe that the Defendant, JOY F ARGENTO, is not currently in the military
service, based on the results of a query to the Department of Defense Manpower Data
Center, by the 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.
[ ] J P. VERHAGEN, ESQ. (
[ ] LARRY T. POWELL, ESQ.
[ ] JOSEPH JAKAS, ESQ.
ELIZABETH CLARKE, ESQ.
[ ] STEPHANIE MAIDA, ESQ.
ZWICKER & ASSOCIATES, P.C.
A Law Firm Engaged in Debt Collection
100 CORPORATE WOODS, SUITE 230
ROCHESTER, NY 14623
(585)427-0482
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202203101173 INDEXIndex NO.
#: E2021008192
E2021008192
FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM Resultsasof : Mar-07-2022
06:07:36AM
Department of Defense Manpower Data Center
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022
SCRA5.12
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: ARGENTO
First Name: JOY
Middle Name: F
Status As Of: Mar-07-2022
Certificate ID: 380HGZ73NKY81MH
OnActiveDutyOnActiveDutyStatusDate
ActiveDuty StartDate ActiveDutyEndDate Status serviceComponent
NA NA '- No NA
Thisresponsereflectsthe individuals'activeduty statusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutystatusDate
ActiveDuty StartDate ActiveDutyEndDate status ServiceComponent
NA NA No NA
Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate
TheMemberor His/HerUnitWasNotifiedof a FutureCall-UptoActiveDutyonActiveDutystatusDate
OrderNotificationstart Date OrderNotificationEndDate Status serviceComponent
NA NA No NA
Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty
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
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202203101173 Index NO.
INDEX #: E2021008192
E2021008192
FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM
Defense (DoD) that maintains the Defense Enrollment and Eligibility
The Defense
NYSCEF DOC. NO. Data
Manpower
12 Center (DMDC) is an organization of the Department of RECEIVED NYSCEF: 03/09/2022
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'
the and Civil Relief 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 buty 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 "ActiveDuty
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 protectionsof 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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Preview
FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM INDEX NO. E2021008192 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3012813 Book Page CIVIL Return To: No. Pages: 4 ELIZABETH ANN CLARKE Instrument: AFFIDAVIT Control #: 202203101173 Index #: E2021008192 Date: 03/10/2022 DISCOVER BANK Time: 2:58:56 PM ARGENTO, JOY F Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 4 202203101173 Index NO. INDEX E2021008192 # : E2021008192 FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022 SUPREME COURT COUNTY OF MONROE STATE OF NEW YORK DISCOVER BANK, Plaintiff, Index No. E2021008192 vs. AFFIDAVIT OF MILITARY JOY F ARGENTO, INVESTIGATION Defendant. 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 am an employee of the law firm of Zwicker & Associates, P.C., attorneys for the Plaintiff. 3. I believe that the Defendant, JOY F ARGENTO, is not currently in the military service, based on the results of a query to the Department of Defense Manpower Data Center, by the 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. [ ] J P. VERHAGEN, ESQ. ( [ ] LARRY T. POWELL, ESQ. [ ] JOSEPH JAKAS, ESQ. ELIZABETH CLARKE, ESQ. [ ] STEPHANIE MAIDA, ESQ. ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 100 CORPORATE WOODS, SUITE 230 ROCHESTER, NY 14623 (585)427-0482 2 of 4 202203101173 INDEXIndex NO. #: E2021008192 E2021008192 FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM Resultsasof : Mar-07-2022 06:07:36AM Department of Defense Manpower Data Center NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/09/2022 SCRA5.12 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX Birth Date: Last Name: ARGENTO First Name: JOY Middle Name: F Status As Of: Mar-07-2022 Certificate ID: 380HGZ73NKY81MH OnActiveDutyOnActiveDutyStatusDate ActiveDuty StartDate ActiveDutyEndDate Status serviceComponent NA NA '- No NA Thisresponsereflectsthe individuals'activeduty statusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutystatusDate ActiveDuty StartDate ActiveDutyEndDate status ServiceComponent NA NA No NA Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingtheActiveDutyStatusDate TheMemberor His/HerUnitWasNotifiedof a FutureCall-UptoActiveDutyonActiveDutystatusDate OrderNotificationstart Date OrderNotificationEndDate Status serviceComponent NA NA No NA Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty 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 3 of 4 202203101173 Index NO. INDEX #: E2021008192 E2021008192 FILED: MONROE COUNTY CLERK 03/09/2022 08:54 AM Defense (DoD) that maintains the Defense Enrollment and Eligibility The Defense NYSCEF DOC. NO. Data Manpower 12 Center (DMDC) is an organization of the Department of RECEIVED NYSCEF: 03/09/2022 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' the and Civil Relief 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 buty 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 "ActiveDuty 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 protectionsof 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. 4 of 4