Preview
FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023
EXHIBIT G
FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
--------------------------------------------------------------------------X INDEX NO.:
NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC, DBA 135514/2019
SHELLPOINT MORTGAGE SERVICING,
ATTESTATION OF NON-
Plaintiff, MILITARY SERVICE
v.
SHERRI LYNN TALIENTO A/K/A SHERRI L. TALIENTO;
THOMAS TALIENTO A/K/A THOMAS TALIENTO, JR.;
JOHN DOE (SAID NAME BEING FICTICIOUS TO
REPRESENT UNKNOWN TENANTS/OCCUPANTS OF
THE SUBJECT PROPERTY AND ANY OTHER PARTY OR
ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING
AN INTEREST OR LIEN UPON THE MORTGAGED
PROPERTY.),
Defendants.
---------______________________..----______..________Ç
The affiant, Rebecca Hussey, is an employee of Berkman, Henoch, Peterson & Peddy,
P.C., the attorneys for the Plaintiff. The affiant, being duly sworn upon deposes and says:
1. On January 4, 2023, the affiant conducted a search of the Department of Defense
Manpower Data Center for the Defendant, Sherri Lynn Taliento a/k/a Sherri L. Taliento, who is
over 18 years of age, wherein we submitted to the DMDC the defendant's full name and social
security number.
FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023
The military status reports provided for said Defendant indicate that said Defendant is not in active
Servicemembers'
military service as defmed in the Civil Relief Act. The Military Status Reports
verifying said belief are attached.
Dated: January 4, 2023
Garden City, New York
Rebecca ussey
orn to be ore me this
__day of ,20 7/
OT YP L
TERESA L. WHITE
NOTARY PUBLIC-STATE OF NEW YORK
No. 01WH6283722
Qualified inSuffolk County
Commission Expires 06-03-2025
My
FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023
Results 09:31:23
asof: Jan-04-2023 AM
Department of Defense Manpower Data Center
SCRA5.15
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN:
Birth Date:
Last Name: TALIENTO
First Name: SHERRI
Middle Name: LYNN
Status As Of: Jan-04-2023
Certificate ID: 5L8G54W973XL65K
OnAcGveDutyOnActiveDutyStatusDete
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse theIndividuals'
reAects activedutystatusbasedontheActiveDulyStatusDate
LeftActiveDutyWilhln367DaysofAcilveDutySlatusDate
ActiveDutyStartDale ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse
reflects
wheretheindividual theAc#veDutyStatusDate
leftactivedutystatuswithin367dayspreceding
TheMember UnItWasNotified
orHirJHer ofa FutureCall-Up
toActiveDutyonActiveDutyStatusDale
OrderNotlfication
StartDate OrderNodficagon
EndDate Status Component
Service
NA NA No NA
Thisresponse
reflectswhether
theIndividual toreportforacGve
earlynotificaGon
orhis/herunithasreceived duty
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
Coast Guard). or his/her unit receiving notification of future orders to report for Active Duty.
This status includes information on a Servicemember
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023
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. § 3901 et seq, as amended) (SCRA) (formerly known as
Soldiers'
the and Sailors' 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
asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
member, friend, or representative
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 (Q35) via this URL: https://scra.dmde.osd.mil/scra/#/faqs.
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
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 left Active
This response reflects the following information:
Duty within
status 367days precedingthe Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
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 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).
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.
Preview
FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023 EXHIBIT G FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND --------------------------------------------------------------------------X INDEX NO.: NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC, DBA 135514/2019 SHELLPOINT MORTGAGE SERVICING, ATTESTATION OF NON- Plaintiff, MILITARY SERVICE v. SHERRI LYNN TALIENTO A/K/A SHERRI L. TALIENTO; THOMAS TALIENTO A/K/A THOMAS TALIENTO, JR.; JOHN DOE (SAID NAME BEING FICTICIOUS TO REPRESENT UNKNOWN TENANTS/OCCUPANTS OF THE SUBJECT PROPERTY AND ANY OTHER PARTY OR ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON THE MORTGAGED PROPERTY.), Defendants. ---------______________________..----______..________Ç The affiant, Rebecca Hussey, is an employee of Berkman, Henoch, Peterson & Peddy, P.C., the attorneys for the Plaintiff. The affiant, being duly sworn upon deposes and says: 1. On January 4, 2023, the affiant conducted a search of the Department of Defense Manpower Data Center for the Defendant, Sherri Lynn Taliento a/k/a Sherri L. Taliento, who is over 18 years of age, wherein we submitted to the DMDC the defendant's full name and social security number. FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023 The military status reports provided for said Defendant indicate that said Defendant is not in active Servicemembers' military service as defmed in the Civil Relief Act. The Military Status Reports verifying said belief are attached. Dated: January 4, 2023 Garden City, New York Rebecca ussey orn to be ore me this __day of ,20 7/ OT YP L TERESA L. WHITE NOTARY PUBLIC-STATE OF NEW YORK No. 01WH6283722 Qualified inSuffolk County Commission Expires 06-03-2025 My FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023 Results 09:31:23 asof: Jan-04-2023 AM Department of Defense Manpower Data Center SCRA5.15 Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: TALIENTO First Name: SHERRI Middle Name: LYNN Status As Of: Jan-04-2023 Certificate ID: 5L8G54W973XL65K OnAcGveDutyOnActiveDutyStatusDete ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse theIndividuals' reAects activedutystatusbasedontheActiveDulyStatusDate LeftActiveDutyWilhln367DaysofAcilveDutySlatusDate ActiveDutyStartDale ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse reflects wheretheindividual theAc#veDutyStatusDate leftactivedutystatuswithin367dayspreceding TheMember UnItWasNotified orHirJHer ofa FutureCall-Up toActiveDutyonActiveDutyStatusDale OrderNotlfication StartDate OrderNodficagon EndDate Status Component Service NA NA No NA Thisresponse reflectswhether theIndividual toreportforacGve earlynotificaGon orhis/herunithasreceived duty 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 Coast Guard). or his/her unit receiving notification of future orders to report for Active Duty. This status includes information on a Servicemember Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA93955 FILED: RICHMOND COUNTY CLERK 01/04/2023 09:54 AM INDEX NO. 135514/2019 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/04/2023 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. § 3901 et seq, as amended) (SCRA) (formerly known as Soldiers' the and Sailors' 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 asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the member, friend, or representative 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 (Q35) via this URL: https://scra.dmde.osd.mil/scra/#/faqs. 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 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 left Active This response reflects the following information: Duty within status 367days precedingthe Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active 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 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). 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.