Preview
FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
Mortgage Inc. Affirmation of Active Military
DLJ Capital,
Plaintiff(s), Status
-against-
Index Number:
Cindy L. Newcomb a/k/a Cindy Newcomb, New York
State Department of Taxation and Finance, RT Max
Development Inc., United States of America (Western
#1,"
District), "JOHN DOE through "JOHN DOE
#12," and
the last twelve names being fictitious
unknown to plaintiff, the persons or parties intended
being the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or lien upon
the premises being foreclosed herein,
Defendant(s).
I, Ted Eric May, Esq. an attorney with Sheldon May & Associates, P.C., state that I am
the of record for the Plaintiff in the above-entitled action; that I have fully read the
attorney
petition in the above-entitled action; and that I am familiar with the facts concerning this
transaction and hereby affirms the following statements to be true under the penalties of perjury.
I further state that to the best of my knowledge and belief, the full names and addresses of
the following Defendant(s), together with their social security numbers have been provided by
the Plaintiff:
Name(s) Cindy Newcomb
Property Address: 2495 County House Road, Penn Yan, New York 14527
m I further state that, to the best of my information and belief, the above referenced Defendant(s)
are/is NOT in the military service of the United States of America. A copy of the search is
attached hereto and incorporated herein by this reference.
O Plaintiff is unable to determine whether or not the Defendant(s) are/is in the military service.
Name(s)
Property Address:
I certify under penalty of perjury and pursuant to the laws of the State of New York that thgr
preceding is true and correct.
Dated: ) O -29
I d Eric May, Esq.
SheldofMay & Associates, P.C.
255 Merrick Road
Rockville Centre, New York 11570
1 of 4
FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023
10:43:45
Resultsasof: oct-19-2023 AM
Department of Defense Manpower Data Center
SCRA6.18
........
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-6274
Birth Date:
Last Name: NEWCOMB
First Name: CINDY
Middle Name:
Status As Of: Oct-19-2023
Certificate ID: 754BS1R55K87RZ5
OnAcHve DutyOnActiveDutyStatusDate
ActiveDulyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectstheindividuals'
activedutystabsbasedontheActiveDutyStatusDate
LeftAcGveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse leftactivedutystatusWithin
refledswheretheindiviÈual theActiveDutyStatusDate
367dayspreceding
TheMember
orHis/HerUnitWasNotijied toActiveDutyonActiveDutyStatusDate
ofaFuturaCall-Up
OrderNotl0cation
StartDate EndDaW
orderNotification Status Service
Cornponent
NA NA No NA
reflects
Thisresponse theindividual
whether orhis/herunithasreceived toreportforactiveduty
earlynotification
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, Space 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.
Sam Yousefzadeh, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
2 of 4
FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023
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 date 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' Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess
the and 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 (Q35) via this URL: https://scra.dmdc.osd.mil/scral#/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.
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 sorne 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 counse1to 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.
3 of 4
FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023
SUPREME COURT
STATE OF NEW YORK, COUNTY OF YATES Index Number
DLJ Mortgage Capital, Inc.
Plaintiff(s),
-against-
Cindy L. Newcomb a/k/a Cindy Newcomb, New York State Department of Taxation and Finance, RT
Max Development Inc., United States of America (Western District), et al
Defendant(s).
Affirmation of Active Military Status
Sheldon May & Associates, P.C.
Attorneys for Plaintiff
Office and Post Office Address
255 Merrick Road
Rockville Centre, New York 11570
Telephone Number
763 - 3200
(516)
To:
Signature pursuant tofille 130-1.1-a
Print Name:,Téd Eric May, Esq.
Service of a copy of the
within is hereby admitted.
Dated:
Attorney(s) for:
PLEASE TAKE NOTICE:
o NOTICE OF ENTRY
that the within is a (certified) true copy of a Duly entered in the office of the clerk of the within
named court on ,20
o NOTICE OF SETTLEMENT
that an order of which the within is a true copy will be presented for settlement to the Honorable
one ofthe judges of the within named court, at on 20 at .M.
Dated:
Yours, etc.
Sheldon May & Associates, P.C.
255 Merrick Road
Rockville Centre, New York 11570
763 - 3200
(516)
4 of 4
Preview
FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES Mortgage Inc. Affirmation of Active Military DLJ Capital, Plaintiff(s), Status -against- Index Number: Cindy L. Newcomb a/k/a Cindy Newcomb, New York State Department of Taxation and Finance, RT Max Development Inc., United States of America (Western #1," District), "JOHN DOE through "JOHN DOE #12," and the last twelve names being fictitious unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendant(s). I, Ted Eric May, Esq. an attorney with Sheldon May & Associates, P.C., state that I am the of record for the Plaintiff in the above-entitled action; that I have fully read the attorney petition in the above-entitled action; and that I am familiar with the facts concerning this transaction and hereby affirms the following statements to be true under the penalties of perjury. I further state that to the best of my knowledge and belief, the full names and addresses of the following Defendant(s), together with their social security numbers have been provided by the Plaintiff: Name(s) Cindy Newcomb Property Address: 2495 County House Road, Penn Yan, New York 14527 m I further state that, to the best of my information and belief, the above referenced Defendant(s) are/is NOT in the military service of the United States of America. A copy of the search is attached hereto and incorporated herein by this reference. O Plaintiff is unable to determine whether or not the Defendant(s) are/is in the military service. Name(s) Property Address: I certify under penalty of perjury and pursuant to the laws of the State of New York that thgr preceding is true and correct. Dated: ) O -29 I d Eric May, Esq. SheldofMay & Associates, P.C. 255 Merrick Road Rockville Centre, New York 11570 1 of 4 FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023 10:43:45 Resultsasof: oct-19-2023 AM Department of Defense Manpower Data Center SCRA6.18 ........ Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-6274 Birth Date: Last Name: NEWCOMB First Name: CINDY Middle Name: Status As Of: Oct-19-2023 Certificate ID: 754BS1R55K87RZ5 OnAcHve DutyOnActiveDutyStatusDate ActiveDulyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectstheindividuals' activedutystabsbasedontheActiveDutyStatusDate LeftAcGveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse leftactivedutystatusWithin refledswheretheindiviÈual theActiveDutyStatusDate 367dayspreceding TheMember orHis/HerUnitWasNotijied toActiveDutyonActiveDutyStatusDate ofaFuturaCall-Up OrderNotl0cation StartDate EndDaW orderNotification Status Service Cornponent NA NA No NA reflects Thisresponse theindividual whether orhis/herunithasreceived toreportforactiveduty earlynotification 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, Space 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. Sam Yousefzadeh, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 2 of 4 FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023 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 date 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' Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess the and 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 (Q35) via this URL: https://scra.dmdc.osd.mil/scral#/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. 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 sorne 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 counse1to 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. 3 of 4 FILED: YATES COUNTY CLERK 10/19/2023 01:37 PM INDEX NO. 2023-5277 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/19/2023 SUPREME COURT STATE OF NEW YORK, COUNTY OF YATES Index Number DLJ Mortgage Capital, Inc. Plaintiff(s), -against- Cindy L. Newcomb a/k/a Cindy Newcomb, New York State Department of Taxation and Finance, RT Max Development Inc., United States of America (Western District), et al Defendant(s). Affirmation of Active Military Status Sheldon May & Associates, P.C. Attorneys for Plaintiff Office and Post Office Address 255 Merrick Road Rockville Centre, New York 11570 Telephone Number 763 - 3200 (516) To: Signature pursuant tofille 130-1.1-a Print Name:,Téd Eric May, Esq. Service of a copy of the within is hereby admitted. Dated: Attorney(s) for: PLEASE TAKE NOTICE: o NOTICE OF ENTRY that the within is a (certified) true copy of a Duly entered in the office of the clerk of the within named court on ,20 o NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the Honorable one ofthe judges of the within named court, at on 20 at .M. Dated: Yours, etc. Sheldon May & Associates, P.C. 255 Merrick Road Rockville Centre, New York 11570 763 - 3200 (516) 4 of 4