Case 9:08-cv-80119-KAM Document 7-2 Entered on FLSD Docket 05/29/2008 Page 1 of 2 9:08-cv-80119-KAM Document 4 Entered on FLSD Docket 05/22/2008 Page 1 of 1 Form42-MMWMIWITNIMILITARY HERMAN & MERMELSTEIN PA ATTN: LISA RIVERA U.S.SOUTHERN COURT FLORIDA COUNTY JANE- DOE NO .2 - against - JEFFREY EPSTEIN Index No. 08CV80119= Plaintiff defendant Date Filed Office No. Court Date: / / STATE OF NEW YORK, COUNTY OF NEW YORK :SS: HARRY TORRES being duly sworn, deposes and says; I am over 18 years of age, not a party to this action, and reside in the State of New York. That on the 7th day of May, 2008 07:45 AM at 9 EAST 71ST ST NEW YORK, NY 10021 I served the SUMMONS AND COMPLAINT after prior attempts were made on: 04/23/2008 06:15 PM 04/24/2008 02:30 PM 05/01/2008 06:27n. upon JEFFREY EPSTEIN the DEFENDANT therein named by delivering and leaving a true copy or copies of the aforementioned documents with "JOHN SMITH", ASSISTANT & HOUSE STAFF EMPLOYEE WHO REFUSED TRUE NAME a person of suitable age and discretion, who refused access to DEFENDANT' actual apartment, and accepted in accordance with his/her everyday duties. Deponent describes the person served as aforesaid to the best of deponent's ability at the time and circumstances of the service as follows: SEX: MALE COLOR: WHITE HAIR: BROWN AGE: 45 HEIGHT: 6:0 WEIGHT: 200 OTHER IDENTIFYING FEATURES: MUSTACHE/BEARD . . -on- I I i-depesitaW-in-the-atitsd-States-miLat=wit-coP144=4 WAr-afw iementinned _documents properly-enchamd_amstsPA1PA in-a-postpaidamapper addresawito-the-said, DEBtENDAN 213--at the-eheire-addrese.. 4Amt addreee4m4ng.. . . . last-known, retaiAla-na.r....uausa--place-ot--abode--of--the--DEVENDANT-... . . Coplt-mailed....lst-c-Lass-maia-mackeed-personal-4,-c.ont.islentialnot-i.scliceaSing-eso-the.-eetzoide-t-hessof-- -by xeturaaddress..or.:er.herwise-shat-said-notios-is f.som-as.‘a.tterney.sx--osaaseaans-ao044m-aga4sst the-patron-to-bs-ssawad. **& 5/5/08 9:201,24 That at the time of service as aforesaid, / asked person spoken to whether DEFENDANT was in the military service of the State of New York or United States and received a negative reply. Upon information, and belief based upon the conversation and observation as aforesaid I aver that the DEFENDANT is not in the military service of the State of New York or.the United States as that term is defined in the statutes of the State of New York or the Federal Soldiers and Sailors Civil Relief Act. DEPONENT STATED AT THE TIME OF SERVICE HE RAD LEG.A.D P IN- A FT40RIDA ACTION. Sworn to before me this 12th day of May, 2008ni SAMSON Notary ORR, No.01NE-4783767 Qualified in NEW YORK COUNTY Commission Expires 11/03/2009 HARRY T RR S 091425' AETNA CE RAL JUDICIAL SERVICES 225 BROADWAY, SUITE 1802 NEW YORK, NY, 10007 Reference No: 7HM4111728 EFTA00222581 Case 9:08-cv-80119-KAM Document 7-2 Entered on FLSD Docket 05/29/2008 Page 2 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. NON-MILITARY AFFIDAVIT STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE BEFORE ME, the undersigned authority, personally appeared ADAM D. HOROWITZ, ESQ., an attorney of record for the Plaintiff, who is personally known to me, and who after first being duly sworn, deposes and says on personal knowledge that Defendant, Jeffrey Epstein, is not on active duty in the armed forces of the United States. Sworn to and subscribed before me thisa, day of May, 2008. My Commission expires: is.9;:k% Lisa Rivera #DD417062 Expires: APR. 11, 2009 '%OP,, WWWAARoNNorearrom HERMAN S. MERMELSTEIN, P. A. Notary Public, State of Florida PLAINTIFF'S EXHIBIT a www.hermanlaw.com EFTA00222582