Preview
FILED: CAYUGA COUNTY CLERK 09/15/2022 08:39 AM INDEX NO. E2021-1168
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/15/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CAYUGA
_____________________________________________
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO. E2021-1168
SERVICING,
Plaintiff, AFFIRMATION
vs. OF SERVICE
KEVIN S. COMBS; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; M&T
MORTGAGE CORPORATION,
"JOHN DOE #1" through "JOHN DOE #12," the last
twelve names being fictitious and unknown to plaintiff,
the persons or parties intended being the tenants,
occupants, persons or corporations, if any, having or
claiming an interest in or lien upon the premises,
described in the complaint,
Defendants.
_____________________________________________
Veronica M. Rundle, Esq., an attorney duly admitted to practice law before the Courts of
the State of New York, affirms under the penalty of perjury:
1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane &
Partners, PLLC ("RAS”), attorneys for the Plaintiff, in this foreclosure action. In my capacity as
an associate of RAS, I have access to RAS’ business records, including the records of mailings
associated with the above captioned case (“Mailing Records”).
2. I make this affirmation based upon my review of the Mailing Records, and from
my own personal knowledge of how they are kept and maintained. The Mailing Records are (i)
created by RAS in the ordinary course of its business; (ii) are made at or about the time of the
mailings; (iii) by a person with actual knowledge of the mailings, or from information
transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course
of business for RAS to keep and maintain such Mailing Records.
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3. The Mailing Records include a computer generated record of mailings for each
case entitled the “Document Send Out History.” When any documents associated with a case are
served by mail to a party, an entry is made in the Document Send Out History indicating what
was mailed, the date of mailing, and the name and address to which the mail was sent. The
relevant portion of the Document Send Out History for the above captioned case is annexed
hereto as Exhibit “A”. I personally reviewed the Document Send Out History and confirmed
that Exhibit “A” is a true and accurate printout of the relevant portion of the Document Send Out
History. The entries in the Document Send Out History were (i) created in the ordinary course of
business; (ii) made at or about the time of the mailings; (iii) by a person with actual knowledge
of the mailings, or from information transmitted by a person with actual knowledge of the
mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such
Mailing Records.
4. My review of the Document Send Out History reveals that on September 7, 2022
a copy of the Notice of Computation with the Proposed Referee’s Oath and Computation with
Schedules A through E was served upon the following parties by depositing a true copy of same
enclosed in a post-paid wrapper, addressed to the address designated for the service of papers or
to the last known address if no such address has been so designated, in a post office-official
depository under the exclusive care and custody of the United States Postal Service as follows:
KEVIN S. COMBS
25 SOUTH ST APT. 138
MARCELLUS, NY 13108
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
C/O CT CORPORATION SYSTEM-28 LIBERTY STREET, 42ND FLOOR
NEW YORK, NY 10005
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M&T MORTGAGE CORPORATION
1 M&T PLAZA 12TH FL
BUFFALO, NY 14203
Dated: September 7, 2022
Robertson, Anschutz, Schneid, Crane &
Partners, PLLC
Veronica M. Rundle, Esq.
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Attorney for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
Facsimile: 516-280-7674
Service Email: mail@raslg.com
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EXHIBIT A
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Send Type Document Date Sent Out Defendant Address Notes
Items Were Sent Out
Notice of M&T MORTGAGE 1 M&T PLAZA 12TH FL, By Mail On Date:
Mailed Computation 9/7/2022 8:16 CORPORATION BUFFALO NY 14203 9/7/2022 10:59:01 AM
C/O CT CORPORATION
MORTGAGE ELECTRONIC SYSTEM-28 LIBERTY Items Were Sent Out
Notice of REGISTRATION SYSTEMS, STREET, 42ND FLOOR, By Mail On Date:
Mailed Computation 9/7/2022 8:16 INC. NEW YORK NY 10005 9/7/2022 10:39:24 AM
Items Were Sent Out
Notice of 25 SOUTH ST APT. 138, By Mail On Date:
Mailed Computation 9/7/2022 8:16 KEVIN S. COMBS MARCELLUS NY 13108 9/7/2022 10:20:14 AM
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Index # E2021-1168
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CAYUGA
________________________________________________
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING,
Plaintiff,
vs.
KEVIN S. COMBS; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; M&T MORTGAGE
CORPORATION,
"JOHN DOE #1" through "JOHN DOE #12," the last
twelve names being fictitious and unknown to plaintiff, the
persons or parties intended being the tenants, occupants,
persons or corporations, if any, having or claiming an
interest in or lien upon the premises, described in the
complaint,
Defendants.
____________________________________________________
AFFIRMATION OF SERVICE
____________________________________________________
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
____________________________________________________
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Preview
FILED: CAYUGA COUNTY CLERK 09/15/2022 08:39 AM INDEX NO. E2021-1168 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CAYUGA _____________________________________________ NEWREZ LLC D/B/A SHELLPOINT MORTGAGE INDEX NO. E2021-1168 SERVICING, Plaintiff, AFFIRMATION vs. OF SERVICE KEVIN S. COMBS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; M&T MORTGAGE CORPORATION, "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. _____________________________________________ Veronica M. Rundle, Esq., an attorney duly admitted to practice law before the Courts of the State of New York, affirms under the penalty of perjury: 1. I am an associate with the law firm of Robertson, Anschutz, Schneid, Crane & Partners, PLLC ("RAS”), attorneys for the Plaintiff, in this foreclosure action. In my capacity as an associate of RAS, I have access to RAS’ business records, including the records of mailings associated with the above captioned case (“Mailing Records”). 2. I make this affirmation based upon my review of the Mailing Records, and from my own personal knowledge of how they are kept and maintained. The Mailing Records are (i) created by RAS in the ordinary course of its business; (ii) are made at or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 21-036838 - AvJ 1 of 6 FILED: CAYUGA COUNTY CLERK 09/15/2022 08:39 AM INDEX NO. E2021-1168 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/15/2022 3. The Mailing Records include a computer generated record of mailings for each case entitled the “Document Send Out History.” When any documents associated with a case are served by mail to a party, an entry is made in the Document Send Out History indicating what was mailed, the date of mailing, and the name and address to which the mail was sent. The relevant portion of the Document Send Out History for the above captioned case is annexed hereto as Exhibit “A”. I personally reviewed the Document Send Out History and confirmed that Exhibit “A” is a true and accurate printout of the relevant portion of the Document Send Out History. The entries in the Document Send Out History were (i) created in the ordinary course of business; (ii) made at or about the time of the mailings; (iii) by a person with actual knowledge of the mailings, or from information transmitted by a person with actual knowledge of the mailings; (iv) and it is the ordinary course of business for RAS to keep and maintain such Mailing Records. 4. My review of the Document Send Out History reveals that on September 7, 2022 a copy of the Notice of Computation with the Proposed Referee’s Oath and Computation with Schedules A through E was served upon the following parties by depositing a true copy of same enclosed in a post-paid wrapper, addressed to the address designated for the service of papers or to the last known address if no such address has been so designated, in a post office-official depository under the exclusive care and custody of the United States Postal Service as follows: KEVIN S. COMBS 25 SOUTH ST APT. 138 MARCELLUS, NY 13108 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O CT CORPORATION SYSTEM-28 LIBERTY STREET, 42ND FLOOR NEW YORK, NY 10005 21-036838 - AvJ 2 of 6 FILED: CAYUGA COUNTY CLERK 09/15/2022 08:39 AM INDEX NO. E2021-1168 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/15/2022 M&T MORTGAGE CORPORATION 1 M&T PLAZA 12TH FL BUFFALO, NY 14203 Dated: September 7, 2022 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Veronica M. Rundle, Esq. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 Facsimile: 516-280-7674 Service Email: mail@raslg.com 21-036838 - AvJ 3 of 6 FILED: CAYUGA COUNTY CLERK 09/15/2022 08:39 AM INDEX NO. E2021-1168 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/15/2022 EXHIBIT A 21-036838 - AvJ 4 of 6 FILED: CAYUGA COUNTY CLERK 09/15/2022 08:39 AM INDEX NO. E2021-1168 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/15/2022 Send Type Document Date Sent Out Defendant Address Notes Items Were Sent Out Notice of M&T MORTGAGE 1 M&T PLAZA 12TH FL, By Mail On Date: Mailed Computation 9/7/2022 8:16 CORPORATION BUFFALO NY 14203 9/7/2022 10:59:01 AM C/O CT CORPORATION MORTGAGE ELECTRONIC SYSTEM-28 LIBERTY Items Were Sent Out Notice of REGISTRATION SYSTEMS, STREET, 42ND FLOOR, By Mail On Date: Mailed Computation 9/7/2022 8:16 INC. NEW YORK NY 10005 9/7/2022 10:39:24 AM Items Were Sent Out Notice of 25 SOUTH ST APT. 138, By Mail On Date: Mailed Computation 9/7/2022 8:16 KEVIN S. COMBS MARCELLUS NY 13108 9/7/2022 10:20:14 AM 21-036838 - AvJ 5 of 6 FILED: CAYUGA COUNTY CLERK 09/15/2022 08:39 AM INDEX NO. E2021-1168 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/15/2022 Index # E2021-1168 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CAYUGA ________________________________________________ NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, vs. KEVIN S. COMBS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; M&T MORTGAGE CORPORATION, "JOHN DOE #1" through "JOHN DOE #12," the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. ____________________________________________________ AFFIRMATION OF SERVICE ____________________________________________________ ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 ____________________________________________________ 21-036838 - AvJ 6 of 6