`NYSCEF DOC. NO. 13
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 03/11/2024
`
`SUPREME
`COUNTY
`AMERICAN
`
`vs.
`
`COURT
`OF THE
`OF CLINTON
`
`STATE
`
`OF NEW YORK
`
`EXPRESS
`
`NATIONAL
`
`BANK,
`
`Plaintiff,
`
`2023-00023625
`No.
`Index
`OF
`AFFIRMATION
`MILITARY
`INVESTIGATION
`
`DELORIMIER
`NELSON
`DELORIMIER,
`
`AKA NELSON
`
`L
`
`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.,
`
`attorneys
`
`for
`
`the Plaintiff.
`
`that
`
`NELSON
`
`DELORIMIER
`
`AKA NELSON
`
`L
`
`3.
`
`I believe
`
`the Defendant(s),
`
`DELORIMIER,
`
`is/are
`
`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.
`
`Dated:
`
`March
`
`, 2024
`
`ESQ.
`
`ESQ.
`
`ANNA LUISA
`LOISELLE,
`] BRANDON
`G. STANISLAUS,
`] ROBERT
`ESQ.
`ROSS,
`[
`] RANDALL
`FORBES,
`[
`] KEISHA
`SAPPHIRE
`[
`& ASSOCIATES,
`ZWICKER
`A Law
`in Debt
`Firm Engaged
`285 Davidson
`Suite
`#307
`Ave.,
`NJ 08873
`
`Somerset,
`855-427-7433
`LITIGATIONZAPC@ZWICKERPC.COM
`
`ESQ.
`HOLGATE,
`P.C.
`Collection
`
`ESQ.
`
`New York
`
`Office
`
`(per
`
`Judiciary
`
`Law
`
`§ 470):
`
`1 of 6
`
`
`
`FILED: CLINTON COUNTY CLERK 03/11/2024 02:31 PM
`FILED: CLINTON COUNTY CLERK 03/11/2024 02:31 P
`
`NYSCEF DOC. NO. 13
`NYSCEF DOC. NO. 13
`
`INDEX NO. 2023-00023625
`
`
`INDEX NO. 2023-00023625
`
`
`
`
`RECEIVED NYSCEF: 03/11/2024
`RECEIVED NYSCEF: 03/11/2024
`
`1225 FRANKLIN
`1225 FRANKLIN AVENUE,SUITE 260
`AVENUE,
`SUITE
`260
`NY 11530
`GARDEN
`GARDENCITY, NY 11530
`CITY,
`
`2 of 6
`2 of 6
`
`
`
`FILED: CLINTON COUNTY CLERK 03/11/2024 02:31 PM
`NYSCEF DOC. NO. 13
`Department
`
`of Defense
`
`Manpower
`
`Data
`
`Center
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 03/11/2024
`Resultsasof: Mar-08-202409:57:35AM
`SCRA5.19
`
`#
`
`Status
`
`Report
`
`Pasuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Date:
`
`Last
`
`First
`
`Name:
`
`Name:
`
`Middle
`
`Name:
`
`XXX-XX-3460
`
`May-XX-1947
`
`DELORIMIER
`NELSON
`
`Status
`
`As Of:
`
`Mar-08-2024
`
`Certificate
`
`ID:
`
`C11VN51RYS4PRJ8
`
`ActiveDutyStartDate
`NA
`
`; OnActiveDut nActiveDutyStatusDate
`ActiveDutyEndDate
`Status
`NA
`No
`Thisresponserehecestheindividuals'activedutystatusbasedontheActiveDutyStatusDate
`
`ServiceComponer
`NA
`
`AÉtiveDutyStartDate
`NA
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`ActiveDutyEndDate
`Status
`NA
`No
`Thisresponsereflectswheretheindividualleftactivedutystatuswithin367daysprecedingthefctiveDutyStatusDate
`
`ServiceComponent
`NA
`
`OrderNotificationStartDate
`NA
`
`TheMemberorHis/HerUnitWasNotifiedofa FutureCall-UptoActiveDutyonActiveD°tyStatusDate
`OrderNotificationEndDate
`Status
`NAkg?
`.
`No
`Thisresponsereflectswhethertheindividualorhis/herunithasrece¼edearlynollficationtoreportforactiveduty
`
`ServiceComponent
`NA
`
`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, Space 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.
`
`Sam Yousefzadeh, Director
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Alexandria, VA 22350
`
`3 of 6
`
`
`
`FILED: CLINTON COUNTY CLERK 03/11/2024 02:31 PM
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 03/11/2024
`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.
`
`INDEX NO. 2023-00023625
`
`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
`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 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
`If you have evidence the person
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.
`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).
`
`(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 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 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).
`
`in Some
`the SCRA
`is Broader
`Under
`Cases
`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 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.
`
`.. .
`
`4 of 6
`
`
`
`FILED: CLINTON COUNTY CLERK 03/11/2024 02:31 PM
`NYSCEF DOC. NO. 13
`of Defense
`Department
`
`Manpower
`
`Data
`
`Center
`
`INDEX NO. 2023-00023625
`
`RECEIVED NYSCEF: 03/11/2024
`Resultsasof: Mer-08-202401:05:04PM
`SCRA5.18
`
`Status
`
`Report
`
`Pursuant
`
`to Servicemembers
`
`Civil
`
`Relief
`
`Act
`
`SSN:
`
`Birth
`
`Date:
`
`Last
`
`Name:
`
`First
`
`Name:
`
`XXX-XX-3460
`
`May-XX-1947
`
`DELORIMIER
`NELSON
`
`Middle
`
`Name:
`
`L
`
`Status
`
`As Of:
`
`Certificate
`
`ID:
`
`Mar-08-2024
`OBHB5Z0RFFRFX8R
`
`ActiveDutystartDate
`NA
`
`. OnActiveDutyOnActN DutyStatusDate
`Status
`ActiveDutyEndDate
`.
`No
`N
`theind,viduals'activedutystatusDasedontheAc'!veDu
`Thsresperserefl
`
`tusDate
`
`. .ActiveDutyStartDate
`
`LeftActiveDutyWithin367DaysofActiveDutyStatusDate
`status
`ActiveDutyEndDate
`
`Thsresponsere'lectswheretheindMdJa0lefiaCV8dutyStaQSWithin367daysprecedingth A veDutyStats Date
`
`OrderNotificationStartDate
`NA
`
`TheMemberorHis/HerUnitWasNotifiedofa Futu Call-UptoActiveDutyonActive ÙtyStatusDate
`Status
`. OrderNotificationEndDate
`-f
`..No
`N
`TNsresponsereflectswhethertheIndivtualcr(cid:2)ls/herunithasreceivedeary notificationtoreportforactivedu'y
`
`ServiceEgmponent.
`NA
`
`Serviceomponent
`NA
`
`ServiceCornponent.
`NA
`
`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, Space 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.
`
`Sam Yousefzadeh, Director
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Alexandria, VA 22350
`
`5 of 6
`
`..
`
`
`
`FILED: CLINTON COUNTY CLERK 03/11/2024 02:31 PM
`NYSCEF DOC. NO. 13
`RECEIVED NYSCEF: 03/11/2024
`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.
`
`INDEX NO. 2023-00023625
`
`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
`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 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
`If you have evidence the person
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.
`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).
`
`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 notification to report for active
`duty on the Active Duty Status Date.
`
`Status"
`
`information
`on "Active
`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
`In the case of a member of the National Guard, this includes service under a call to active service
`than 30 consecutive days in length were available.
`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).
`
`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 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.
`
`6 of 6
`
`