Preview
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF SUFFOLK
________________________________________________________________Ç
GREENPOINT MORTGAGE FUNDING, Index No: 028574/2007
Plaintiff.
-against-
AFFIDAVIT AS TO
JOSEPH M. FISCHETTI A/K/A JOSEPH MILITARY SERVICE
FISCHETTI; LINDA M. FISCHETTI;
JP MORGAN CHASE BANK N.A. C/O CHASE
HOME FINANCE LLC; CONTRACTORS
MARKET. INC.; MR. FISCHETTI;
Defendant.
________________________________________________________________Ç
Cristian Herrera, being of lawful age and being first duly sworn on oath, states and deposes as
follows:
1. I am a Legal Assistant at McCabe, Weisberg & Conway, LLC.
2. On May 15, 2023 I caused to be run an online search through the Department of
Defense Manpower Data Center at https://www.dmde.osd.mil/scra/owa/home, which
indicated that the defendant Joseph Fischetti was not in the military service of the United
States as of the date I conducted the search. A true and accurate copy of the printout of the
online search results from the Department of Defense Manpower Data Center is attached
hereto.
3. The search was conducted using the borrower's social security number.
By:
C lan He ra
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
STATE OF NEW YORK)
COUNTY OF WESTCHESTERO ) ss.
Sworn to (or affirmed) and subscribed before me this 15 day of May, 2023, by Cristian
Herrera personally known to me to be the person who executed this Affidavi trbspalf of the
entity therein named.
WITNESS my hand and official seal
SEAL OR STAMP (Signat Notary Pub c)
My Commission Expires: (Pr nt, type or amp commission name of
N tary Pub c)
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
asof: May-15-2023
Results 02:08:37
PM
Department of Defense Manpower Data Center
SCRA5.16
Status Report
Pursuant to Servicemembers Civil Relie f Act
SSN:
Birth Date:
Last Name: FISCHETTI
First Name: JOSEPH
Middle Name:
Status As Of: May-15-2023
Certificate ID: QC09S4C3KT9L7MX
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectstheindividuals'
activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Servicecomponent
NA NA No NA
Thisresponse wheretheindividual
reflects leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
TheMember UnitWasNotified
orHis/Her ofa FutureCall-uptoActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotification
EndDate Status ServiceComponent
NA NA No NA
Thisresponse
reflects theindividual
whether orhis/herunithasreceived
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
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 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
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
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.
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
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 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF SUFFOLK
________________________________________________________________Ç
GREENPOINT MORTGAGE FUNDING, Index No: 028574/2007
Plaintiff.
-against-
AFFIDAVIT AS TO
JOSEPH M. FISCHETTI A/K/A JOSEPH MILITARY SERVICE
FISCHETTI; LINDA M. FISCHETTI;
JP MORGAN CHASE BANK N.A. C/O CHASE
HOME FINANCE LLC; CONTRACTORS
MARKET. INC.; MR. FISCHETTI;
Defendant.
________________________________________________________________Ç
Cristian Herrera, being of lawful age and being first duly sworn on oath, states and deposes as
follows:
1. I am a Legal Assistant at McCabe, Weisberg & Conway, LLC.
2. On May 15, 2023 I caused to be run an online search through the Department of
Defense Manpower Data Center at https://www.dmde.osd.mil/scra/owa/home, which
indicated that the defendant Linda Fischetti was not in the military service of the United
States as of the date I conducted the search. A true and accurate copy of the printout of the
online search results from the Department of Defense Manpower Data Center is attached
hereto.
3. The search was conducted using the borrower's social secu ty number.
By:
ist afH1Errera
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
STATE OF NEW YORK)
COUNTY OF WESTCHESTERO ) ss.
Sworn to (or affirmed) and subscribed before me this 15 day of May, 2023, by Cristian
Herrera personally known to me to be the person who executed this Affidpvit75h behalf of the
entity therein named.
WITNESS my hand and official seal
'
SEAL OR STAMP (Signatdre o otary P lic)
My Commission Expires: (Pri it, type or tamp commission name of
No ary Pubf c)
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
Results
asof: May-15-2023
02:08:28
PM
Department of Defense Manpower Data Center
SCRA5.16
Pursuant to Servicemembers Civil ReliefAct
SSN:
Birth Date:
Last Name: FISCHETTI
First Name: LINDA
Middle Name:
Status As Of: May-15-2023
Certificate ID: SJ3X3Z6RVW87WSM
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectstheindividuals'
activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA . .......
Thisresponse wheretheindividual
reflects theActiveDutyStatusDate
leftactivedutystatuswithin367dayspreceding
TheMember
orHis/Her ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
UnitWasNotified .....
StartDate
OrderNotification OrderNotification
EndDate Status ServiceComponent
NA NA No NA
. ......................................-..... .. .
reflects
Thisresponse whether 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
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 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
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' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess
the 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/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.
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
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 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF SUFFOLK
_____________________________________________________________Ç
GREENPOINT MORTGAGE FUNDING, Index No: 028574/2007
Plaintiff.
-against-
AFFIDAVIT AS TO
JOSEPH M. FISCHETTI A/K/A JOSEPH MILITARY SERVICE
FISCHETTI; LINDA M. FISCHETTI;
JP MORGAN CHASE BANK N.A. C/O CHASE
HOME FINANCE LLC; CONTRACTORS
MARKET. INC.; MR. FISCHETTI;
Defendant.
____________________________________________________________Ç
Cristian Herrera, being of lawful age and being first duly sworn on oath, states and deposes as
follows:
1. I am a Legal Assistant at McCabe, Weisberg & Conway, LLC.
2. On May 15, 2023, we attempted to obtain the Social Security and date of birth; for MR.
FISCHETTI; however, after diligent search efforts the Social Security and date of birth MR.
(non- is unobtainable and we are without information sufficient
FISCHETTI; appearing party)
enough to ascertain if the individual is currently engaged in active military service; and
3. On May 15, 2023, I was unable to personally conduct an online search through the Department
of Defense Manpower Data Center at https://www.dmde.osd.mil/scra/owa/home, for the defendant
MR. FISCHETTI;.
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
STATE OF NEW YORK)
COUNTY OF WESTCHESTERO ) ss.
Sworn to (or affirmed) and subscribed before me this f day of May, 2023, by
Cristian Herrera personally known to me to be the person who executed this Affidavit on behalf
of the entity therein named.
WITNESS my hand and official seal
SEAL OR STAMP (Signatu otary ublic)
My Commission Expires: (Prin , type stamp commission name of
Not y Pt ic)
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
SUPRFME COURT
SUFFOLK COUNTY
ORK
TORNEY(S): Fein, Such and Crane LLP
PR (S45) 371-4700
ChMmitMy Rd Chestnw Ridge, NY 1
OREENFOINT MORTOAQB FUNDING, AFFIDAVIT OF SERVICE
Plaintif(syPedtloner(s)
INDEX #: 07-28574
Vs. FILED ON: 9/14/07 .
FISCHETTI, BT AL
JOSEPH M. FISCHETTI A/K/A JOSEPH
CONTI being duly sworn deposes and says
State ofNEW YORK, I ANTHONY
County of WESTCHBSTER, of age and resides in the State ofNEW
YORK
Deponet is not a party herein, h over 1$ years
MAMSTON%LAD%WADmGREEBdBO1221
O fltdg agggigg st35
wrmnonce ce meamy or AcnON, SECFMN M
NENCEON
aepeneat saved the withiasuuuote a vaunso cowuar
NoroCE
coumO PAFB&AND RFAM, SErBON 1320
indus #07-28574 and Med on 9/14/07
beerht
F1KT00[11
ON: OGEPV h0 FIBCHETTI A/K/A JOSEPR depenet imew the person served to be
the
of each to said reciphat personally;
INDIVIDUAL by deliverbs a true copy
O person described as eaid perse etweh
described as
deponent knew said so aerved m be the
tma copy of each to personally,
CORPORAT)ON A, by delivering theres a be the enthoriwd agent thereof
fadividual to
O the named defendat and knew eaid
Said
oreach to MR. MSCHETD, FATHER a person suitable age and discredom
SUITABLE AGE by delivedng a true house (mual place of abode) within the state.
premisee is recipienta actual place of busineu dwelling
PERSON emap§oyedst thees pressines and
whether the defedant actas) y resides/Is
I asked the peaten spokam to
received as atnermatfre reply
recipiears ¤ neteal place of business
of each to the door of said premisse, whk:h is
APFDftNG TO by affixtag a true copy Stase. Deponent was unable, with duqfiligence to find
place of withia the
DOOR dwelling house (usual abode)
cathd thereas o
recipient or a peson ofsuitable age and discontiot having
Day
Day
-_ Date
Date
Tima_
Time
Day
Day
Dese
Dese
Time
Time
Verificatiom
sealed wrapper pmpedy the recip515
MAILING Deponem esmod a copy of same to be encioned in antpased asid
above the recipience last known residence Qplace of
COPY at the address, botag U.g. Postal
under awfusive eare and c Body o
S wrapper to be depeenedin a pon of&e ofacial deposhoey
the State ofNBW YORK ca 9/2W2007
Service withhn
No:
the maHing wne made a certifkd mail with resum recolet, Receipt
or First Cisse Mail, marked personal and ooafidential
servedar spoke to on behalf of the Delbadent h as fbllows:
DESCRIPTION A descriptkm of the Defendant, or ohr person 5l"
AMmpt Agø ilasin Appen Height TEd
S Sex MALE Racalsidn FJEEE Color of hair BLaCK
Approx WeigM jlgig & O@cOLASSES
m38 3__________Jhe autharwas trave&q expenm sad coe sh witness fee was pak1(teadwed) a
wrfNESS
O the reciphet
PHOTo Deponest was able to idatify reciplest tem annexed phoeo.
O wa preestly ba milkary suvice of the
MRITARY Depenent asked perena spoken vs whether the recipient/defbdat
SERVICE (Johed SessesGovernment or on active duty la the military avice in the State of NEW YORK ad we
infanned he/she was met.
Swo ato before me en this
day of 2007
catt ethat ReArmee M7enast
Pger Chase
PASQUARK EL8AVA E
flast Rochester, NY 14445
my reash,see of Nar Wet
No.615AgeMG$ ProcessSerm 5 Lic#
Qasnamsis wmhtmew Coasty
cousewee aphe Asa 2011
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023
Page 1 of 2
of Defense Manpower Data Center NOV-16-2007 07:1 1:52
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Last Name First/Middle Begin Date Active Duty Status Service/Agency
FISCHETTI JOSEPH Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
_....
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the infonnation that you provided, the above is the current status of the individual as to all branches
of the Military.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense
strongly supports the enforcement of the Servicemembers Civil Relief Act
Soldiers' Sailors'
[50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the and 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's active duty status by that person's
"defenselink.mil" contacting
Military Service via the URL provided below. If you have evidence the person is on
active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA
may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB,
Preview
FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF SUFFOLK ________________________________________________________________Ç GREENPOINT MORTGAGE FUNDING, Index No: 028574/2007 Plaintiff. -against- AFFIDAVIT AS TO JOSEPH M. FISCHETTI A/K/A JOSEPH MILITARY SERVICE FISCHETTI; LINDA M. FISCHETTI; JP MORGAN CHASE BANK N.A. C/O CHASE HOME FINANCE LLC; CONTRACTORS MARKET. INC.; MR. FISCHETTI; Defendant. ________________________________________________________________Ç Cristian Herrera, being of lawful age and being first duly sworn on oath, states and deposes as follows: 1. I am a Legal Assistant at McCabe, Weisberg & Conway, LLC. 2. On May 15, 2023 I caused to be run an online search through the Department of Defense Manpower Data Center at https://www.dmde.osd.mil/scra/owa/home, which indicated that the defendant Joseph Fischetti was not in the military service of the United States as of the date I conducted the search. A true and accurate copy of the printout of the online search results from the Department of Defense Manpower Data Center is attached hereto. 3. The search was conducted using the borrower's social security number. By: C lan He ra FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 STATE OF NEW YORK) COUNTY OF WESTCHESTERO ) ss. Sworn to (or affirmed) and subscribed before me this 15 day of May, 2023, by Cristian Herrera personally known to me to be the person who executed this Affidavi trbspalf of the entity therein named. WITNESS my hand and official seal SEAL OR STAMP (Signat Notary Pub c) My Commission Expires: (Pr nt, type or amp commission name of N tary Pub c) FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 asof: May-15-2023 Results 02:08:37 PM Department of Defense Manpower Data Center SCRA5.16 Status Report Pursuant to Servicemembers Civil Relie f Act SSN: Birth Date: Last Name: FISCHETTI First Name: JOSEPH Middle Name: Status As Of: May-15-2023 Certificate ID: QC09S4C3KT9L7MX OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectstheindividuals' activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Servicecomponent NA NA No NA Thisresponse wheretheindividual reflects leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate TheMember UnitWasNotified orHis/Her ofa FutureCall-uptoActiveDutyonActiveDutyStatusDate OrderNotification StartDate OrderNotification EndDate Status ServiceComponent NA NA No NA Thisresponse reflects theindividual whether orhis/herunithasreceived 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 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 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 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 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. 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 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 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF SUFFOLK ________________________________________________________________Ç GREENPOINT MORTGAGE FUNDING, Index No: 028574/2007 Plaintiff. -against- AFFIDAVIT AS TO JOSEPH M. FISCHETTI A/K/A JOSEPH MILITARY SERVICE FISCHETTI; LINDA M. FISCHETTI; JP MORGAN CHASE BANK N.A. C/O CHASE HOME FINANCE LLC; CONTRACTORS MARKET. INC.; MR. FISCHETTI; Defendant. ________________________________________________________________Ç Cristian Herrera, being of lawful age and being first duly sworn on oath, states and deposes as follows: 1. I am a Legal Assistant at McCabe, Weisberg & Conway, LLC. 2. On May 15, 2023 I caused to be run an online search through the Department of Defense Manpower Data Center at https://www.dmde.osd.mil/scra/owa/home, which indicated that the defendant Linda Fischetti was not in the military service of the United States as of the date I conducted the search. A true and accurate copy of the printout of the online search results from the Department of Defense Manpower Data Center is attached hereto. 3. The search was conducted using the borrower's social secu ty number. By: ist afH1Errera FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 STATE OF NEW YORK) COUNTY OF WESTCHESTERO ) ss. Sworn to (or affirmed) and subscribed before me this 15 day of May, 2023, by Cristian Herrera personally known to me to be the person who executed this Affidpvit75h behalf of the entity therein named. WITNESS my hand and official seal ' SEAL OR STAMP (Signatdre o otary P lic) My Commission Expires: (Pri it, type or tamp commission name of No ary Pubf c) FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 Results asof: May-15-2023 02:08:28 PM Department of Defense Manpower Data Center SCRA5.16 Pursuant to Servicemembers Civil ReliefAct SSN: Birth Date: Last Name: FISCHETTI First Name: LINDA Middle Name: Status As Of: May-15-2023 Certificate ID: SJ3X3Z6RVW87WSM OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectstheindividuals' activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA . ....... Thisresponse wheretheindividual reflects theActiveDutyStatusDate leftactivedutystatuswithin367dayspreceding TheMember orHis/Her ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate UnitWasNotified ..... StartDate OrderNotification OrderNotification EndDate Status ServiceComponent NA NA No NA . ......................................-..... .. . reflects Thisresponse whether 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 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 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 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' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess the 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/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. 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 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 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF SUFFOLK _____________________________________________________________Ç GREENPOINT MORTGAGE FUNDING, Index No: 028574/2007 Plaintiff. -against- AFFIDAVIT AS TO JOSEPH M. FISCHETTI A/K/A JOSEPH MILITARY SERVICE FISCHETTI; LINDA M. FISCHETTI; JP MORGAN CHASE BANK N.A. C/O CHASE HOME FINANCE LLC; CONTRACTORS MARKET. INC.; MR. FISCHETTI; Defendant. ____________________________________________________________Ç Cristian Herrera, being of lawful age and being first duly sworn on oath, states and deposes as follows: 1. I am a Legal Assistant at McCabe, Weisberg & Conway, LLC. 2. On May 15, 2023, we attempted to obtain the Social Security and date of birth; for MR. FISCHETTI; however, after diligent search efforts the Social Security and date of birth MR. (non- is unobtainable and we are without information sufficient FISCHETTI; appearing party) enough to ascertain if the individual is currently engaged in active military service; and 3. On May 15, 2023, I was unable to personally conduct an online search through the Department of Defense Manpower Data Center at https://www.dmde.osd.mil/scra/owa/home, for the defendant MR. FISCHETTI;. FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 STATE OF NEW YORK) COUNTY OF WESTCHESTERO ) ss. Sworn to (or affirmed) and subscribed before me this f day of May, 2023, by Cristian Herrera personally known to me to be the person who executed this Affidavit on behalf of the entity therein named. WITNESS my hand and official seal SEAL OR STAMP (Signatu otary ublic) My Commission Expires: (Prin , type stamp commission name of Not y Pt ic) FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 SUPRFME COURT SUFFOLK COUNTY ORK TORNEY(S): Fein, Such and Crane LLP PR (S45) 371-4700 ChMmitMy Rd Chestnw Ridge, NY 1 OREENFOINT MORTOAQB FUNDING, AFFIDAVIT OF SERVICE Plaintif(syPedtloner(s) INDEX #: 07-28574 Vs. FILED ON: 9/14/07 . FISCHETTI, BT AL JOSEPH M. FISCHETTI A/K/A JOSEPH CONTI being duly sworn deposes and says State ofNEW YORK, I ANTHONY County of WESTCHBSTER, of age and resides in the State ofNEW YORK Deponet is not a party herein, h over 1$ years MAMSTON%LAD%WADmGREEBdBO1221 O fltdg agggigg st35 wrmnonce ce meamy or AcnON, SECFMN M NENCEON aepeneat saved the withiasuuuote a vaunso cowuar NoroCE coumO PAFB&AND RFAM, SErBON 1320 indus #07-28574 and Med on 9/14/07 beerht F1KT00[11 ON: OGEPV h0 FIBCHETTI A/K/A JOSEPR depenet imew the person served to be the of each to said reciphat personally; INDIVIDUAL by deliverbs a true copy O person described as eaid perse etweh described as deponent knew said so aerved m be the tma copy of each to personally, CORPORAT)ON A, by delivering theres a be the enthoriwd agent thereof fadividual to O the named defendat and knew eaid Said oreach to MR. MSCHETD, FATHER a person suitable age and discredom SUITABLE AGE by delivedng a true house (mual place of abode) within the state. premisee is recipienta actual place of busineu dwelling PERSON emap§oyedst thees pressines and whether the defedant actas) y resides/Is I asked the peaten spokam to received as atnermatfre reply recipiears ¤ neteal place of business of each to the door of said premisse, whk:h is APFDftNG TO by affixtag a true copy Stase. Deponent was unable, with duqfiligence to find place of withia the DOOR dwelling house (usual abode) cathd thereas o recipient or a peson ofsuitable age and discontiot having Day Day -_ Date Date Tima_ Time Day Day Dese Dese Time Time Verificatiom sealed wrapper pmpedy the recip515 MAILING Deponem esmod a copy of same to be encioned in antpased asid above the recipience last known residence Qplace of COPY at the address, botag U.g. Postal under awfusive eare and c Body o S wrapper to be depeenedin a pon of&e ofacial deposhoey the State ofNBW YORK ca 9/2W2007 Service withhn No: the maHing wne made a certifkd mail with resum recolet, Receipt or First Cisse Mail, marked personal and ooafidential servedar spoke to on behalf of the Delbadent h as fbllows: DESCRIPTION A descriptkm of the Defendant, or ohr person 5l" AMmpt Agø ilasin Appen Height TEd S Sex MALE Racalsidn FJEEE Color of hair BLaCK Approx WeigM jlgig & O@cOLASSES m38 3__________Jhe autharwas trave&q expenm sad coe sh witness fee was pak1(teadwed) a wrfNESS O the reciphet PHOTo Deponest was able to idatify reciplest tem annexed phoeo. O wa preestly ba milkary suvice of the MRITARY Depenent asked perena spoken vs whether the recipient/defbdat SERVICE (Johed SessesGovernment or on active duty la the military avice in the State of NEW YORK ad we infanned he/she was met. Swo ato before me en this day of 2007 catt ethat ReArmee M7enast Pger Chase PASQUARK EL8AVA E flast Rochester, NY 14445 my reash,see of Nar Wet No.615AgeMG$ ProcessSerm 5 Lic# Qasnamsis wmhtmew Coasty cousewee aphe Asa 2011 FILED: SUFFOLK COUNTY CLERK 05/15/2023 03:34 PM INDEX NO. 028574/2007 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 05/15/2023 Page 1 of 2 of Defense Manpower Data Center NOV-16-2007 07:1 1:52 Military Status Report Pursuant to the Servicemembers Civil Relief Act Last Name First/Middle Begin Date Active Duty Status Service/Agency FISCHETTI JOSEPH Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. _.... Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the infonnation that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act Soldiers' Sailors' [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the and 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by that person's "defenselink.mil" contacting Military Service via the URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB,