On June 11, 2021 a
No Value
was filed
involving a dispute between
Wilmington Savings Fund Society, Fsb, Not In Its Individual Capacity But Solely As Owner Trustee Of Csmc 2017-Rpl2 Trust,
and
American Express Centurion Bank,
And 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,
And 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,
Capital One Bank Usa, Na,
Clerk Of The Suffolk County District Court,
Clerk Of The Suffolk County Traffic & Parking Violations Agency,
Danny Ho A K A Danny M. Ho,
Danny Ho
A K A Danny M. Ho,
Sunnova Tep I Manager Llc,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 02/08/2023 08:41 AM INDEX NO. 611195/2021
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 02/08/2023
EXHIBIT G
FILED: SUFFOLK COUNTY CLERK 02/08/2023 08:41 AM INDEX NO. 611195/2021
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 02/08/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
AFFIDAVIT OF MILITARY
Wilmington Savings Fund Society, FSB, not in its individual STATUS
capacity but solely as Owner Trustee of CSMC 2017-RPL2
Trust, Index No. 611195/2021
Plaintiff, Mortgaged Premises:
60 Verazzano Avenue,
-vs- Copiague, NY 11726
Danny Ho a/k/a Danny M. Ho; Sunnova TEP I Manager LLC;
American Express Centurion Bank; Capital One Bank USA, District 0100 Section 197.00
NA; Clerk of the Suffolk County District Court; Clerk of the Block 01.00 Lot 036.000
Suffolk County Traffic & Parking Violations Agency; "Jane
Doe"; "John Doe"; "John Doe"; "Jane Doe",
Defendants.
AFFIDAVIT OF MILITARY STATUS
I, Elena Cummings, 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
February 3, 2023, Defendant Danny Ho, a/k/a Danny M. Ho, 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
Defendants "Jane Doe" and "John Doe". Neither the social security number nor the date of birth
19-082202 Military Affidavit Page 1 of 2
FILED: SUFFOLK COUNTY CLERK 02/08/2023 08:41 AM INDEX NO. 611195/2021
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 02/08/2023
for said Defendants, which are required to conduct such a search, are known at this time, as the
loan was not executed by said Defendants. Affiant lacks sufficient information to determine
whether the defendants are in active military service. Thus, the military status of said
Defendants is undetermined.
FURTHER AFFIANT SAYETH NAUGHT.
Date: February 3, 2023 By:
Elena Cummings, Esq.
Associate Attorney
LOGS LEGAL GROUP LLP F/K/A SHAPIRO,
DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
Telephone: (585) 247-9000
Fax: (585) 247-7380
19-082202 Military Affidavit Page 2 of 2
FILED: SUFFOLK COUNTY CLERK 02/08/2023 08:41 AM INDEX NO. 611195/2021
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 02/08/2023
Department of Defense Manpower Data Center Results as of : Feb-03-2023 12:18:13 PM
SCRA 5.15
SSN:
Birth Date:
Last Name: HO
First Name: DANNY
Middle Name: M
Status As Of: Feb-03-2023
Certificate ID: 96M6MMRHQQHWD57
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active 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). 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, CA 93955
FILED: SUFFOLK COUNTY CLERK 02/08/2023 08:41 AM INDEX NO. 611195/2021
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 02/08/2023
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
the Soldiers' 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
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 (Q35) via this URL: https://scra.dmdc.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).
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.
More information on "Active Duty Status"
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
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: SUFFOLK COUNTY CLERK 02/08/2023 08:41 AM INDEX NO. 611195/2021
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 02/08/2023
Department of Defense Manpower Data Center Results as of : Feb-03-2023 12:18:15 PM
SCRA 5.15
SSN:
Birth Date:
Last Name: HO
First Name: DANNY
Middle Name:
Status As Of: Feb-03-2023
Certificate ID: XTT7602D6N7XM7P
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active 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). 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, CA 93955
FILED: SUFFOLK COUNTY CLERK 02/08/2023 08:41 AM INDEX NO. 611195/2021
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 02/08/2023
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
the Soldiers' 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
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 (Q35) via this URL: https://scra.dmdc.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).
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.
More information on "Active Duty Status"
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
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.