Preview
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--- —-- —---
—————- ————
----------------------------------------------------------X INDEX NO.: . 15-508445
THE BANK OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS INDENTURE TRUSTEE ON AFFIRMATION OF
BEHALF OF THE NOTEHOLDERS AND THE NOTE NON-MILITARY SERVICE
INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4,
Plaintiff,
-against-
THERESA BRODWITH, INDIVIDUALLY AND AS
ADMINISTRATRIX AND HEIR OF THE ESTATE OF
LEROY BRODWITH; BENIAH ANOKAM; NEW YORK
STATE DEPARTMENT OF TAXATION AND
FINANCE; NEW YORK CITYENVIRONMENTAL
BOARD,'
CONTROL BOARD; UNITED STATES OF AMERICA,
#1" #12,"
"JOHN DOE through "JOHN DOE the lasttwelve
names being fictitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons or
corporations, if any, or claiming an interest in or lien
having
upon the premises, described in the complaint,
Defendants.
--------------------------------------------X
I, Glenn W. Caulfield, Esq., pursuant to CPLR § 2106 [NYCLS] and under the penalties
of perjury, affirm as follows:
1. I am an associate with RAS BORISKIN, LLC attorneys for plaintiff in the above-entitled
action.
2. I submit this affirmation in support of the Plaintiff s application for entry of judgment against
LEROY BRODWITH,THERESA BRODWITH, BENIAH ANOKAM, MAY ANOKAM and
SOLOMAN MBAGWU.
IIIIIIIIIII
1111111111l111111111111lll11111111111111111111111111
11ll111111Il111111111111111111111111111111111 11IIII IIIIIIIIIIIIIIIII
15-016386 - MaD
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
3. Pursuant to 50 U.S.C. § 521, our firm made an investigation to ascertain if LEROY
BRODWITH,THERESA BRODWITH, BENIAH ANOKAM, MAY ANOKAM and
(" Defendants"
SOLOMAN MBAGWU ("Defendants") are in the military service of the United States.
4. Our office verified the military status of Defendants through the Defense Manpower Data
Center Military Verification Service.
5. The results of our investigation indicate that the Defendants are not active in the military. A
copy of the search results are annexed hereto.
6. Pursuant to 50 U.S.C. §521, our firm attempted to ascertain if the defendants CHARLES
ANOKAM, FATI OBOGULO, and MOUSSA BAGAWAW are in the military service of the
United States.
7. Department of Defense searches could not be run against the defendants CHARLES
ANOKAM, FATI OBOGULO, and MOUSSA BAGAWAW because they were occupants of the
premise, or other parties of whom Plaintiff lacked prior knowledge, and Plaintiff is not aware of
the date of birth or social security numbers for said defendants.
8. Notwithstanding, Plaintiff is not seeking a money judgement against CHARLES ANOKAM,
FATI OBOGULO, and MOUSSA BAGAWAW. CHARLES ANOKAM, FATI OBOGULO, and
MOUSSA BAGAWAW are named as necessary party defendants by virtue of their residency at
the mortgaged premise.
15-016386 - MaD
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
9. Based upon the foregoing, Plaintiff requests that application
respectfully before this Court be
granted and entered.
Date: December 29, 2017 RAS LLC
BORISKIN,
Westbury, NY
By: Glenn V . Caulfield., E
Attorneys for Plaint
900 Merchants Con rse, Suite 106
Westbury, NY 11590
Telephone: 516-280-7675
Facsimile: 516-280-7674
15-016386 - MaD
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
Department of Center asof : Dec.29-2017
Results 11:27:22
AM
Defense Manpower Data
SCRA4.0
: Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-8918
Birth Date:
Last Name: BRODWITH
First Name: LEROY
Middle Name:
Status As Of: Dec-29-2017
Certificate ID: HSJYK5M34K4SZQQ
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActweDutyEndDate Status ServiceComponent
--NA
NA NA -- --- --- Ne-
No NA
Thisresponse individuals'
reflects
theind active status
basedontheActwe
DutyStatusDate
duty
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
AchveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse
reflectswheretheindNidual DutyStatusDate
leftactivedutystatuswithin367dayspreceding
theAcDve
TheMember toAcoveDutyonAchveDutyStatusDate
or His/HerUrntWasNotitedofa FutureCall-Up
OrderNotdication
StartDate OrderNotification
EndDate Status Component
Service
NA NA bio NA
Thisresponse
reflectswhether or his/herunathas
theindividual received toreporttoracbveduty
eattynotification
of Defense Manpower Data Center, based on the information
Upon searching the data banks of the Department 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, CA93955
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
The Defense Manpower Data Center (DMDC) is an organization
of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
System
Reporting (DEERS) databasewhich is
the official
sourceof 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. ? 501 et seq, as amended) (SCRA) (formerly known as
Soldiers' and Sailors'
the 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 (Q33) via this URL: https://scra.dmdc,osd.mil/faq.xhtml#Q33.
If you have evidence the person
punitive provisions of the SCRA may be invoked
was on active duty for the active duty status date and you fail to obtain this additional Service verification,
See 50 USC App. ? 521(c).
against you.
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
preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
Duty status within 367 days
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
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
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
President and supported by Federal funds.
unit they support.
This includes Navy Training of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
and Administration
Prograrn Administrator (RPAs), officer of the U.S
Active Duty status also applies to a Uniformed Service member who is an active duty commissioned
Public Health Service or the National Oceanic and Atmospheric
Administration
(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader inSome 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 ali 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.
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
Department of Manpower Center asof: Dec-29-2017
Results t 029:44AM
Defense Data
SCRA4.0
' Status Report
' Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-0955
Birth Date:
Last Name: BRODWITH
First Name: THERESA
Middle Name:
Status As Of: Dec-29-2017
Certificate ID: QFQ2TTPP6SG5MDW
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA -NA --
-NA- ' -- No--- -- NA
Thisresponse indwiduals'
individuals'
reflects
the active status
duty based DutyStatusDate
ontheActive
LeftActwoDutyWithin367DaysofActweDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Cornponent
Service
NA —
NA No NA
Thisresponse theActiveDutyStatusDate
leftactivedutystatuswithin367dayspreceding
reflectswheretheindividual
orHis/HerUnitWasNotified
TheMember ofa FutureCall-UptoActiveDutyonActweDutyStatusDate
OrderNotdication
StartDate OrderNotification
EndDate Status Component
Service
NA NA No NA
reflectswhether
Thisresponse orhis/herUnithasreceived
theindividual earlynotification
toreportforactiveduty
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
This status includes information
Coast Guard). an 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, CA93955
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
The Defense Manpower Data Center (DMDC) is an organization of the Departrnent 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.
of the Servicemembers
The DoD strongly supports the enforcement Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as
Soldiers' Sailors'
the and DMDC has issued hundreds of thousands of "does not possess any information
Civil Relief Act of 1940). 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 If you have evidence the person
FAQ page (Q33) via this URL: https://scra.dmde.osd.mil/faq.xhtm[#Q33.
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. ? 521(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). officer of the U.S.
Active Duty status also applies to a UnWormedService member who is an active duty commissioned
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.
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
of Manpower Center Results
asof:. Dec-29.2017
11:31:20
AM
Department Defense Data
SCRA4.0
Status Report
,:Pursuant toServicemembers Civil Relief Act
SSN: XXX-XX-6195
Birth Date:
Last Name: ANOKAM
First Name: BENIAH
Middle Name:
Status As Of: Dec-29-2017
Certificate ID: DV69P5P87FQZ7T1
onActweDulyOnActweDutyStatusDate
ActiveDutyStartcate ' ' " . ' ' .. '.. '
ActweDutyEndDate Status ServiceComponent
NA' - - - - No---
--- NA .........
.........................
Thisresponse theindividuals'
reflects activedutystatusbasedontheActNeDutyStatusDate
LeftActweDutyWithin357DaysofActiveDutyStatusDate
ActwoDutyStartDate., ActiveDutyEndDate Statue ServiceComponent
NA NA No NA
Thisresponse leftactivedutystatuswithin367dayspreceding
rollectswheretheindwidual theActwoDutyStatusDate
orHm/Her
TheMember ofa FutureCall-Up
UnitWasNotified toActweDutyonActiveDutystatuepate
OrderNotification
StartDate OrderNotification
EndDate Status". ServiceComponent
NA NA ....—..
''.'. ' . ' NA
No
.:.:..No
Thisresponse
reflectswhether
theIndwidual
orhis/herunithasreceived toreportforactweduty
earlypottfication
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
This status includes information
Coast Guard). or his/her Unit receiving notification of future orders to report for Active Duty.
on a Servicemember
v
Michael V. Sorrento, Director
Department of Defense -Manpower
Data Center
400 Gigling Rd.
Seaside, CA93955
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
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 (SCRA) (formerly known as
Civil Relief Act (50 USC App. ? 501 et seq, as amended)
Soldiers' Sailors'
the and 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 (Q33) via this URL: https://scra.dmdc.osd.millfaq.xhtml#Q33.
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
See 50 USC App. 7 521(c).
against you.
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 Uniforrned Service member who is an active duty commissioned officer of the U.S
Public Health Service or the Nationat Oceanic and Atmospheric
Administration
(NOAA Cornmissioned 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
SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
reported as on Active Duty under this certificate.
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
The Last Date on Active Duty entry is important because a number of protections of the SCRA
actually begun active duty or actually reported for induction.
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.
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
Department of Manpower "*"SSS°' °*²920"''3228*
Defense Data Center
SCRA4.0
Status Report
Pursuant to Servicememben Civil Rehef Act
SSN: XXX-XX-0530
Birth Date:
Last Name: ANOKAM
First Name: MAY
Middle Name:
Status As Of: Dec-29-2017
Certificate ID: 8TGS2L9PWN85TSZ
OnActiveDuty
OnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status SerwceComponent
NA NA No NA
.........
. ... . ........
........ - Thisresponse themdNiduals'
reflects activedutystatusbasedontheActEve
DutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
.'
ActweDutyStartDate ... "...' ActiveputyandDats...':.
AntwoputyEndDate ''' ...:: Status ...
..:..Status ' . '.. ServiceComponent
NA NA No NA
Thraresponse dutyStatus
reflectswheretheindividual
leftactWG within367dayspreceding
theActiveDutyStatusDate
orHis/HerUnitWasNotified
TheMember toAchveDutyonActiveDutyStatusDate
of6 FutureCall-Up
StartDate
OrderNotification OrderNotification
EndDate Status Service
Component
NA NA ' . ' ' No
..No NA
.—.,
reflectswhether
Thisresponse orhis/herunithasreceived
theindividual toreportforactiveduty
earlynotification
of Defense Manpower Data Center, based on the information that you provided, the above is the status of
Upon searching the data banks of the Department
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, CA93955
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017
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. ? 501 et seq, as amended) (SCRA) (formerly known as
Preview
FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --- —-- —--- —————- ———— ----------------------------------------------------------X INDEX NO.: . 15-508445 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS INDENTURE TRUSTEE ON AFFIRMATION OF BEHALF OF THE NOTEHOLDERS AND THE NOTE NON-MILITARY SERVICE INSURER OF ABFS MORTGAGE LOAN TRUST 2000-4, Plaintiff, -against- THERESA BRODWITH, INDIVIDUALLY AND AS ADMINISTRATRIX AND HEIR OF THE ESTATE OF LEROY BRODWITH; BENIAH ANOKAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITYENVIRONMENTAL BOARD,' CONTROL BOARD; UNITED STATES OF AMERICA, #1" #12," "JOHN DOE through "JOHN DOE the lasttwelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, or claiming an interest in or lien having upon the premises, described in the complaint, Defendants. --------------------------------------------X I, Glenn W. Caulfield, Esq., pursuant to CPLR § 2106 [NYCLS] and under the penalties of perjury, affirm as follows: 1. I am an associate with RAS BORISKIN, LLC attorneys for plaintiff in the above-entitled action. 2. I submit this affirmation in support of the Plaintiff s application for entry of judgment against LEROY BRODWITH,THERESA BRODWITH, BENIAH ANOKAM, MAY ANOKAM and SOLOMAN MBAGWU. IIIIIIIIIII 1111111111l111111111111lll11111111111111111111111111 11ll111111Il111111111111111111111111111111111 11IIII IIIIIIIIIIIIIIIII 15-016386 - MaD FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 3. Pursuant to 50 U.S.C. § 521, our firm made an investigation to ascertain if LEROY BRODWITH,THERESA BRODWITH, BENIAH ANOKAM, MAY ANOKAM and (" Defendants" SOLOMAN MBAGWU ("Defendants") are in the military service of the United States. 4. Our office verified the military status of Defendants through the Defense Manpower Data Center Military Verification Service. 5. The results of our investigation indicate that the Defendants are not active in the military. A copy of the search results are annexed hereto. 6. Pursuant to 50 U.S.C. §521, our firm attempted to ascertain if the defendants CHARLES ANOKAM, FATI OBOGULO, and MOUSSA BAGAWAW are in the military service of the United States. 7. Department of Defense searches could not be run against the defendants CHARLES ANOKAM, FATI OBOGULO, and MOUSSA BAGAWAW because they were occupants of the premise, or other parties of whom Plaintiff lacked prior knowledge, and Plaintiff is not aware of the date of birth or social security numbers for said defendants. 8. Notwithstanding, Plaintiff is not seeking a money judgement against CHARLES ANOKAM, FATI OBOGULO, and MOUSSA BAGAWAW. CHARLES ANOKAM, FATI OBOGULO, and MOUSSA BAGAWAW are named as necessary party defendants by virtue of their residency at the mortgaged premise. 15-016386 - MaD FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 9. Based upon the foregoing, Plaintiff requests that application respectfully before this Court be granted and entered. Date: December 29, 2017 RAS LLC BORISKIN, Westbury, NY By: Glenn V . Caulfield., E Attorneys for Plaint 900 Merchants Con rse, Suite 106 Westbury, NY 11590 Telephone: 516-280-7675 Facsimile: 516-280-7674 15-016386 - MaD FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 Department of Center asof : Dec.29-2017 Results 11:27:22 AM Defense Manpower Data SCRA4.0 : Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-8918 Birth Date: Last Name: BRODWITH First Name: LEROY Middle Name: Status As Of: Dec-29-2017 Certificate ID: HSJYK5M34K4SZQQ OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActweDutyEndDate Status ServiceComponent --NA NA NA -- --- --- Ne- No NA Thisresponse individuals' reflects theind active status basedontheActwe DutyStatusDate duty LeftActiveDutyWithin367DaysofActiveDutyStatusDate AchveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse reflectswheretheindNidual DutyStatusDate leftactivedutystatuswithin367dayspreceding theAcDve TheMember toAcoveDutyonAchveDutyStatusDate or His/HerUrntWasNotitedofa FutureCall-Up OrderNotdication StartDate OrderNotification EndDate Status Component Service NA NA bio NA Thisresponse reflectswhether or his/herunathas theindividual received toreporttoracbveduty eattynotification of Defense Manpower Data Center, based on the information Upon searching the data banks of the Department 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, CA93955 FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility System Reporting (DEERS) databasewhich is the official sourceof 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. ? 501 et seq, as amended) (SCRA) (formerly known as Soldiers' and Sailors' the 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 (Q33) via this URL: https://scra.dmdc,osd.mil/faq.xhtml#Q33. If you have evidence the person punitive provisions of the SCRA may be invoked was on active duty for the active duty status date and you fail to obtain this additional Service verification, See 50 USC App. ? 521(c). against you. 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 preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active Duty status within 367 days 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 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 All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the President and supported by Federal funds. unit they support. This includes Navy Training of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve and Administration Prograrn Administrator (RPAs), officer of the U.S Active Duty status also applies to a Uniformed Service member who is an active duty commissioned Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader inSome 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 ali 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. FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 Department of Manpower Center asof: Dec-29-2017 Results t 029:44AM Defense Data SCRA4.0 ' Status Report ' Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-0955 Birth Date: Last Name: BRODWITH First Name: THERESA Middle Name: Status As Of: Dec-29-2017 Certificate ID: QFQ2TTPP6SG5MDW OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA -NA -- -NA- ' -- No--- -- NA Thisresponse indwiduals' individuals' reflects the active status duty based DutyStatusDate ontheActive LeftActwoDutyWithin367DaysofActweDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Cornponent Service NA — NA No NA Thisresponse theActiveDutyStatusDate leftactivedutystatuswithin367dayspreceding reflectswheretheindividual orHis/HerUnitWasNotified TheMember ofa FutureCall-UptoActiveDutyonActweDutyStatusDate OrderNotdication StartDate OrderNotification EndDate Status Component Service NA NA No NA reflectswhether Thisresponse orhis/herUnithasreceived theindividual earlynotification toreportforactiveduty 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 This status includes information Coast Guard). an 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, CA93955 FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 The Defense Manpower Data Center (DMDC) is an organization of the Departrnent 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. of the Servicemembers The DoD strongly supports the enforcement Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (formerly known as Soldiers' Sailors' the and DMDC has issued hundreds of thousands of "does not possess any information Civil Relief Act of 1940). 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 If you have evidence the person FAQ page (Q33) via this URL: https://scra.dmde.osd.mil/faq.xhtm[#Q33. 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. ? 521(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). officer of the U.S. Active Duty status also applies to a UnWormedService member who is an active duty commissioned 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. FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 of Manpower Center Results asof:. Dec-29.2017 11:31:20 AM Department Defense Data SCRA4.0 Status Report ,:Pursuant toServicemembers Civil Relief Act SSN: XXX-XX-6195 Birth Date: Last Name: ANOKAM First Name: BENIAH Middle Name: Status As Of: Dec-29-2017 Certificate ID: DV69P5P87FQZ7T1 onActweDulyOnActweDutyStatusDate ActiveDutyStartcate ' ' " . ' ' .. '.. ' ActweDutyEndDate Status ServiceComponent NA' - - - - No--- --- NA ......... ......................... Thisresponse theindividuals' reflects activedutystatusbasedontheActNeDutyStatusDate LeftActweDutyWithin357DaysofActiveDutyStatusDate ActwoDutyStartDate., ActiveDutyEndDate Statue ServiceComponent NA NA No NA Thisresponse leftactivedutystatuswithin367dayspreceding rollectswheretheindwidual theActwoDutyStatusDate orHm/Her TheMember ofa FutureCall-Up UnitWasNotified toActweDutyonActiveDutystatuepate OrderNotification StartDate OrderNotification EndDate Status". ServiceComponent NA NA ....—.. ''.'. ' . ' NA No .:.:..No Thisresponse reflectswhether theIndwidual orhis/herunithasreceived toreportforactweduty earlypottfication 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 This status includes information Coast Guard). or his/her Unit receiving notification of future orders to report for Active Duty. on a Servicemember v Michael V. Sorrento, Director Department of Defense -Manpower Data Center 400 Gigling Rd. Seaside, CA93955 FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 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 (SCRA) (formerly known as Civil Relief Act (50 USC App. ? 501 et seq, as amended) Soldiers' Sailors' the and 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 (Q33) via this URL: https://scra.dmdc.osd.millfaq.xhtml#Q33. 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 See 50 USC App. 7 521(c). against you. 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 Uniforrned Service member who is an active duty commissioned officer of the U.S Public Health Service or the Nationat Oceanic and Atmospheric Administration (NOAA Cornmissioned 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 SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. reported as on Active Duty under this certificate. 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 The Last Date on Active Duty entry is important because a number of protections of the SCRA actually begun active duty or actually reported for induction. 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. FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 Department of Manpower "*"SSS°' °*²920"''3228* Defense Data Center SCRA4.0 Status Report Pursuant to Servicememben Civil Rehef Act SSN: XXX-XX-0530 Birth Date: Last Name: ANOKAM First Name: MAY Middle Name: Status As Of: Dec-29-2017 Certificate ID: 8TGS2L9PWN85TSZ OnActiveDuty OnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status SerwceComponent NA NA No NA ......... . ... . ........ ........ - Thisresponse themdNiduals' reflects activedutystatusbasedontheActEve DutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate .' ActweDutyStartDate ... "...' ActiveputyandDats...':. AntwoputyEndDate ''' ...:: Status ... ..:..Status ' . '.. ServiceComponent NA NA No NA Thraresponse dutyStatus reflectswheretheindividual leftactWG within367dayspreceding theActiveDutyStatusDate orHis/HerUnitWasNotified TheMember toAchveDutyonActiveDutyStatusDate of6 FutureCall-Up StartDate OrderNotification OrderNotification EndDate Status Service Component NA NA ' . ' ' No ..No NA .—., reflectswhether Thisresponse orhis/herunithasreceived theindividual toreportforactiveduty earlynotification of Defense Manpower Data Center, based on the information that you provided, the above is the status of Upon searching the data banks of the Department 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, CA93955 FILED: KINGS COUNTY CLERK 12/29/2017 04:46 PM INDEX NO. 508445/2015 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/29/2017 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. ? 501 et seq, as amended) (SCRA) (formerly known as