On January 24, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Jpmorgan Chase Bank, National Association,
and
Celia A. Walker
A K A Celia Walker,
City Of New York Environmental Control Board,
City Of New York Parking Violations Bureau,
City Of New York Transit Adjudication Bureau,
John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein, And Any Parties,
Corporations Or Entities, If Any, Having Or Claiming An Interest Or Lien Upon The Mortgaged Premises,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022
Exhibit G
FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
AFFIDAVIT OF MILITARY
JPMorgan Chase Bank, National Association, STATUS
Plaintiff, Index No. 701321/2020
-vs- Mortgaged Premises:
151 Beach 61st Street, Arverne,
Celia A. Walker a/k/a Celia Walker; City of New York NY 11692
Environmental Control Board; City of New York Parking
Violations Bureau; City of New York Transit Adjudication
Bureau; "John Doe"; "John Doe"; "John Doe"; "John Doe"; Block 15933 Lot 50
"John Doe",
Defendants.
AFFIDAVIT OF MILITARY STATUS
I, Barbara Dunleavy, an attorney duly admitted to the practice of law in the State of New
York, hereby affirm under penalty of perjury pursuant to CPLR 2106 that:
1. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the
attorneys of record for Plaintiff in this action.
2. I am fully familiar with the facts and circumstances underlying the proceeding herein.
3. Upon reviewing a search of the Department of Defense manpower database executed on
September 20, 2022, Defendant Celia A. Walker a/k/a Celia Walker, is not an active member of
the armed services of the United States of America, and I am attaching certificates stating that said
Defendant is not in the armed services at this time.
4. I am unable to review a search of the Department of Defense manpower database for
Defendant "John Doe". Neither the social security number nor the date of birth for said Defendant,
which are required to conduct such a search, are known at this time, as the loan was not executed
10-000357 Afadavit
Military Page l of2
FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022
by said Defendant. Affiant lacks sufficient information to determine whether the defendant is in
active military service. Thus, the military status of said Defendant is undetermined.
FURTHER AFFIANT SAYETH NAUGHT.
Date: September 20, 2022 By: \ .
Barbara Dunleavy, Esq.
Bankruptcy Attorney
LOGS LEGAL GROUP LLP F/K/A SHAPIRO,
DICARO & BARAK, LLC
Attomeys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
Telephone: (585) 247-9000
Fax: (585) 247-7380
10-000357 AfEdavit
Military Page 2 of 2
FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022
a="""""r supem QEl4:20PM
Department of Defense Manpower Data Center
acRAE1
"
SSN:
Pursuant to Servicemendbers CM12nlief Act
Birth Date:
Last Name: WALKER
First Name: CELIA
Middle Name: A
Status As Of Sep-20-2022
Certificate ID: LPFKJHVBDRXBQNF
Dulyemulum
OnAclhnDulyon Ampum Dnts
Didyalat Dmin
Ambum AolveDulyEndDmin stalia enrvinncomponnnt
NA NA No NA
TN rumpennn
runnnIn selhndulyminium
thesuAvidunW bmand
antheAcI1ve
Dulyagatus
Date
LeltAcilynDulyWINn887Daynd Annue
DulystalumDale
AieveDidyelurtDale DulyEndDute
Aollum SIntum enrylonocinpennnt
TNarumponma
rmAncis
thmintheIrnlNidLud wlmbie67days
lultaclhodulymlmlum thmAAINeDulyelntum
prankAng Dmin
TheMurnbur
orPanMur ofa Fulweo I-UptoAAAve
ura WnnNomind DulyanAulheDulyelmlum
Duts
elmet
OnlarNodRonganDmie OrdnrNodRanAnn
EndDate sham 8undoncompannnt
NA NA No NA
Thingempanan
imAmula
whalharthmindMdud
arknWhur unrtrnoalongnn
mannn.Incnknd toimport
Ar scEvnduly
Upon anarching the data banks of the Department of Defense Menpower Data Center, based on the information
that you provided, the above le the elatus of
the individual on the acilve duty atatus date as to all branchee of the UnifDrmed Services (Army, Navy, Marine Corps, Alr Force, NOAA, Publio Health, and
CoastGuard). This statue includes Infbrmation on a Servicemember of future ordere to report fDr Active Duly.
or hle/her unit recolving notificallon
Michael V. Sorrento, Direclor
Department of Defense - Manpower Data Center
400GiglingRd.
Seaside, CA93955
FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022
of the Department of Defense (DoD) that maintaine the Defense Enrollment and EllglbMty
The Defense Manpower Data Center (DMDC) la an organization
Reporting Syntam (DEERS) database which Is the ofilclal source of date on eligibility for military medical care and other ellglbility systems.
The DoD strongly supports the enforcement of the Servicemembers
CMI Relief Act (50 USC App. § 3901 et seq, as amended)
(SCRA) (formerly known as
Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess
the any information indicating that the
duty"
IndMdualis currently on acilveresponses, and has experienced only a smaHerror rate. In the event the individual referenced aboves or any family
member, fHend, or represen1stive annerts In any manner that the Individual was on active duty ibr the active duty status date, or is otheswlso 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 Servloe. Saryloa contact
information can be Ibund on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.oad.millecralAWfaqs. If you have evidence the person
was on active duty Ibr the active duty status date and you fall to obtain this additional Service verification, punitive provisions
of the SCRA may be Invoked
against you. See 60 USC App. § 3921(c).
(1) The indMduef s Active Duty status on the Active Duty Status Date (2) Whether the IndMdual left Active
This response rollects the following Information:
preceding the Active Duty Status Date (3) Whether the Individual or hiaster unit received early notlfloatlon to report for ective
Duty status within 367 days
duly on the Active Duty 8tatus Date.
Status"
More information on "ACtive Duty
Active duly status as reported in this certificate Is deAned In accordance with 10 USC § 101(d) (1).
Prior to 2010 only some of the active duly periods less
In the case of a member of the Natkmal Guard, this Includes service under a cell to aolive service
than 30 consecutive days in length were available.
authorized by the President or the Secretary of Defense under 32 USC § 502(1) for purposes of responding to a national emergency
declared by the
Prealdent and agported All Active Guard Reserve (AGR) members must be amalgned against an authorized
by Federal funds. mobHzation position in the
of the Reserves (TARa), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
This Includes Navy Training and Administration
unit they support.
(RPAs).
Program Administralor Aolive Duty status also applies to a Uniformed Service member who la an active duty commissioned
cillcer
of the U.S.
(NOAA Commissioned Corps).
Public Heallh Servloe or the National Oceanlo and Atmospheric Administration
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 duly 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 thla website
should check to make sure the orders on which SCRA protections are based have not been emended to extend the inclusive dates of service.
certillcation
Furthermore, some protections of the SCRA may extend to persons who have received crders to report for active duty or to be Inducted, but who have not
The Last Date on Active Duty entry le Important because a number of protections of the SCRA
actually begun active duly or actually reported for Induction.
extend beyond the last dates of active duty.
Those who could rely on thIs certificate are urged to seek quallfled legal counsel to ensure that all rights guaranteed
to Service members under the SCRA
are prolected
WARNING: This certlilcate was provided based on a last name, SSNidate of birth, and acilve duly status date provided by the requester.
Providing
erroneous information wM cause an erroneous certiscate to be provided.
Preview
FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022 Exhibit G FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS AFFIDAVIT OF MILITARY JPMorgan Chase Bank, National Association, STATUS Plaintiff, Index No. 701321/2020 -vs- Mortgaged Premises: 151 Beach 61st Street, Arverne, Celia A. Walker a/k/a Celia Walker; City of New York NY 11692 Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau; "John Doe"; "John Doe"; "John Doe"; "John Doe"; Block 15933 Lot 50 "John Doe", Defendants. AFFIDAVIT OF MILITARY STATUS I, Barbara Dunleavy, an attorney duly admitted to the practice of law in the State of New York, hereby affirm under penalty of perjury pursuant to CPLR 2106 that: 1. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys of record for Plaintiff in this action. 2. I am fully familiar with the facts and circumstances underlying the proceeding herein. 3. Upon reviewing a search of the Department of Defense manpower database executed on September 20, 2022, Defendant Celia A. Walker a/k/a Celia Walker, is not an active member of the armed services of the United States of America, and I am attaching certificates stating that said Defendant is not in the armed services at this time. 4. I am unable to review a search of the Department of Defense manpower database for Defendant "John Doe". Neither the social security number nor the date of birth for said Defendant, which are required to conduct such a search, are known at this time, as the loan was not executed 10-000357 Afadavit Military Page l of2 FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022 by said Defendant. Affiant lacks sufficient information to determine whether the defendant is in active military service. Thus, the military status of said Defendant is undetermined. FURTHER AFFIANT SAYETH NAUGHT. Date: September 20, 2022 By: \ . Barbara Dunleavy, Esq. Bankruptcy Attorney LOGS LEGAL GROUP LLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attomeys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 Telephone: (585) 247-9000 Fax: (585) 247-7380 10-000357 AfEdavit Military Page 2 of 2 FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022 a="""""r supem QEl4:20PM Department of Defense Manpower Data Center acRAE1 " SSN: Pursuant to Servicemendbers CM12nlief Act Birth Date: Last Name: WALKER First Name: CELIA Middle Name: A Status As Of Sep-20-2022 Certificate ID: LPFKJHVBDRXBQNF Dulyemulum OnAclhnDulyon Ampum Dnts Didyalat Dmin Ambum AolveDulyEndDmin stalia enrvinncomponnnt NA NA No NA TN rumpennn runnnIn selhndulyminium thesuAvidunW bmand antheAcI1ve Dulyagatus Date LeltAcilynDulyWINn887Daynd Annue DulystalumDale AieveDidyelurtDale DulyEndDute Aollum SIntum enrylonocinpennnt TNarumponma rmAncis thmintheIrnlNidLud wlmbie67days lultaclhodulymlmlum thmAAINeDulyelntum prankAng Dmin TheMurnbur orPanMur ofa Fulweo I-UptoAAAve ura WnnNomind DulyanAulheDulyelmlum Duts elmet OnlarNodRonganDmie OrdnrNodRanAnn EndDate sham 8undoncompannnt NA NA No NA Thingempanan imAmula whalharthmindMdud arknWhur unrtrnoalongnn mannn.Incnknd toimport Ar scEvnduly Upon anarching the data banks of the Department of Defense Menpower Data Center, based on the information that you provided, the above le the elatus of the individual on the acilve duty atatus date as to all branchee of the UnifDrmed Services (Army, Navy, Marine Corps, Alr Force, NOAA, Publio Health, and CoastGuard). This statue includes Infbrmation on a Servicemember of future ordere to report fDr Active Duly. or hle/her unit recolving notificallon Michael V. Sorrento, Direclor Department of Defense - Manpower Data Center 400GiglingRd. Seaside, CA93955 FILED: QUEENS COUNTY CLERK 09/26/2022 09:32 AM INDEX NO. 701321/2020 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 09/26/2022 of the Department of Defense (DoD) that maintaine the Defense Enrollment and EllglbMty The Defense Manpower Data Center (DMDC) la an organization Reporting Syntam (DEERS) database which Is the ofilclal source of date on eligibility for military medical care and other ellglbility systems. The DoD strongly supports the enforcement of the Servicemembers CMI Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has Issued hundreds of thousands of "does not possess the any information indicating that the duty" IndMdualis currently on acilveresponses, and has experienced only a smaHerror rate. In the event the individual referenced aboves or any family member, fHend, or represen1stive annerts In any manner that the Individual was on active duty ibr the active duty status date, or is otheswlso 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 Servloe. Saryloa contact information can be Ibund on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmde.oad.millecralAWfaqs. If you have evidence the person was on active duty Ibr the active duty status date and you fall to obtain this additional Service verification, punitive provisions of the SCRA may be Invoked against you. See 60 USC App. § 3921(c). (1) The indMduef s Active Duty status on the Active Duty Status Date (2) Whether the IndMdual left Active This response rollects the following Information: preceding the Active Duty Status Date (3) Whether the Individual or hiaster unit received early notlfloatlon to report for ective Duty status within 367 days duly on the Active Duty 8tatus Date. Status" More information on "ACtive Duty Active duly status as reported in this certificate Is deAned In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duly periods less In the case of a member of the Natkmal Guard, this Includes service under a cell to aolive service than 30 consecutive days in length were available. authorized by the President or the Secretary of Defense under 32 USC § 502(1) for purposes of responding to a national emergency declared by the Prealdent and agported All Active Guard Reserve (AGR) members must be amalgned against an authorized by Federal funds. mobHzation position in the of the Reserves (TARa), Marine Corps Active Reserve (ARs) and Coast Guard Reserve This Includes Navy Training and Administration unit they support. (RPAs). Program Administralor Aolive Duty status also applies to a Uniformed Service member who la an active duty commissioned cillcer of the U.S. (NOAA Commissioned Corps). Public Heallh Servloe or the National Oceanlo and Atmospheric Administration 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 duly 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 thla website should check to make sure the orders on which SCRA protections are based have not been emended to extend the inclusive dates of service. certillcation Furthermore, some protections of the SCRA may extend to persons who have received crders to report for active duty or to be Inducted, but who have not The Last Date on Active Duty entry le Important because a number of protections of the SCRA actually begun active duly or actually reported for Induction. extend beyond the last dates of active duty. Those who could rely on thIs certificate are urged to seek quallfled legal counsel to ensure that all rights guaranteed to Service members under the SCRA are prolected WARNING: This certlilcate was provided based on a last name, SSNidate of birth, and acilve duly status date provided by the requester. Providing erroneous information wM cause an erroneous certiscate to be provided.