Preview
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
EXHIBIT G
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHEMUNG
X INDEX NO.: 2020-5820
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE
SERVICING, AFFIRMATION OF NON-
MILITARY SERVICE
Plaintiff,
-against-
BETH A. FARR A/K/A BETH ANN FARR,
#1"
"JOHN DOE through "JOHN DOE #12", the last twelve
names being fictitious and 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 described in the Complaint,
Defendants.
----------------------- -------------------------X
I, Hedva D. Haviv, Esq., pursuant to CPLR § 2106 [NYCLS] and under the penalties of
perjury, affirms as follows:
1. I am an associate with ROBERTSON, ANSCHUTZ, SCHNEID, CRANE &
PARTNERS, PLLC attorneys for plaintiff in the above-entitled action.
2. I submit this affirmation in support of the Plaintiffs application for entry of judgracñt
against BETH A. FARR A/K/A BETH ANN FARR.
3. Our office verified the military status of Defêñdañt BETH A. FARR A/K/A BETH ANN
FARR through the Defense Manpower Data Center Military Verification Service.
4. The results of our investigation indicate that the Defendant BETH A. FARR A/K/A
BETH ANN FARR is not active in the military. A copy ofthe search results are annexed hereto.
lllll1111111111111111111111111111111 1111A115111111111111111111A1A1111 11111111111111111111IHI111
20-061420
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
5. Based upon the foregoing, Plaintiff respectfully requests that application before this
Court be granted and entered.
Date: May 4, 2021
Westbury, NY
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Hedva D. Haviv, Esq.
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
20-061420
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
Departiñent of Defense Manpower Data Center Resultsasof: May-04-2021
12:53:37
PM
SCRA5.7
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: FARR
First Name: BETH
Middle Name:
Status As Of: May-04-2021
Certificate ID: MVDSDGNHJR40Q9W
OnActiveOutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA No_ ,\ s NA
reflectsthe ndividuals'
Thisresponse activedutyslatusbasedontheActiveÔUtystatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA . NA . No NA
Thisresponse leftactivedutystatuswithin
reflectswheretheIndividual 367dayspreceding
theAcIiveDutyStatusDate
TheMember ofa FutureCaUJ‡5.^±M DutyonActiveDutyStatusDate
orHis/HerUnitWasNotified
StartDate
OrderNotification OrderNatification
EndDate Status ServiceCornponent
NA NA . No. NA
Thisresponse
reflectswhether orhis/herunithasreceived
the.individual earlynotification
toreportforactiveduty
Upon searching the data banks of the Deper+ment of Defense Mâñpower Data Center, based on the | stict that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Un!Farmed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes lafa" t na on a Servicemember or his/her unit receiving ::ùi!hiier: 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: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
The Defense Manpower Data Center (DMDC) is an Gigãñizât:Gii of the Depm-'uiiehtof Defense (DoD) that maintains the Defense Eme!!ment 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 hundrade of :|iGüsâiids of "does not possess any informât!GG indicating that the
individual is currently on active duty" isspGasss, and has experiermed only a small error rate. In the event the individual referenced above, or any family
member, friend, or re;.-me:irib:- 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 eñcüürâg6d to obtain further v-;‡ioeis,i of the person's status by contacting that person's Service. Service contact
infGiraât|GGcan 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 edditione! Service "anfefen, punitive pin . of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following !ñfermMGn: (1) The iñdividuâil 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 ùvi;iioai¡vu to report for active
duty on the Active Duty Status Date.
Status"
More information on "ACtive Duty
Active duty status as reported in this ceMeda is defined in amnrdanne 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
euther!zed 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 Administrater (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 AdmiñistEfGñ (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 piuivutions 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 accardance 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
ceik=ibn 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 an Active Duty entry is important because a number of piviouiivna 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 guerentaad to Service members under the SCRA
are protected
vvÄiiiviiýG: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous intimation will cause an erroneous certificate to be provided.
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
Department of Defense Manpower Data Center Resultsasof : May-04-2021
12:54:17
PM
SCRA5.7
Satus Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: FARR
First Name: BETH
Middle Name: A
Status As Of: May-04-2021
Certificate ID: H4HVZDKH593DH9F
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate status serviceComponent
NA NA Nti. ( NA
Thisresponse theIndividuals'
reflects activedutystatusbasedontheActiveDutyStatusDate
t.eaActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceComponent
NA NA . No NA
Thisresponse leftactivedutystatu within387dayspreceding:the
reflectswheretheindMdual ActivebutystatusDate
TheMember
cr His/Her
UnitWhsNotified toAcliveDutyonActiveDulyStatusDate
ofa FutureCall-Up
StartDate
OrderNotification OrderNotification
EndDale status ServiceComponent
NA NA No NA
Thisresponse
reAects
whether orhisfiepunithasreceived
theindividual earlynolification
loreportforactiveduty
Upon séãrching the data banks of the Depa-t-ñéñt of Defense 7.L.p-.... Data Center, based on the infairnat:Gñ 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 ... Ei:G-.·n 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: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
The Defense Menpower Data Center (DMDC) is an e=;enizeden 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 Séfriu=iiiviifusi5 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 informeden indicating that the
individual is currently on active duty" respüüã=5, and has exp6r:6ñced only a srnall error rate. In the event the individue! referenced above, or any family
member, friend, or Imp ess, |ve 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 vedSaas- of the person's status by contacting that person's Service. Service contact
|nic=ct|cn can be found on the SCRA website's FAQ page (Q35) via this URL: Nh €//9 -9.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 vueivailun, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following !nformeSon: (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 nat|ficatics 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 emrdenna 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 suppuded by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an at orized 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 commi55iciled 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 stacerian of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this ced!fea+e. 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 pret---"ces are based have not been amended to extend the inclusive dates of service.
ü-"-Ermera, 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 Å“rtificate are urged to seek qualified legal counsel to ensure that all rights gterantaad to Service members under the SCRA
are protected
WARNING: This ced!ñcete was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneets information will cause an erroneous certificate to be provided.
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
Department of Defense MãñjaGwer Data Center Results
asof: May-04-2021
12:54:46
PM
SCRA5.7
Status Report
Pursuant toServicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: FARR
First Name: BETH
Middle Name: ANN
Status As Of: May-04-2021
Certificate ID: WH3ZNDSL3XR3W4K
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Sunus Service
Component
NA NA No NA
reflectstheindividuals'
ThIsresponse aclivedutystalusDased
onlheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Component
Service
NA NA . . No . -- NA
Thisresponse
reAects status'
wheretheIndividual
leftactiveduty within367dayspreceding.the
ActiveDutyStatusDate
orHis/HerUnitWinsNotined
TheMember toActiveDutyonActiveDutyStatusDate
ofaFutureCall-Up
OrderNotification
StartDate OrderNoticcation
EndDate Status Service
Component
NA NA No. NA
Thisresponse
reflectswhether
theindividual earlyneaa~
orhis/herunithasreceived -" foractiveduty
Upon search:ñg the data banks of the napartment of Defense AMap-fer Data Center, based on the !ñfermf:r. 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 natif|cat|Gn of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - ivinpcvver Data Center
400 Gigling Rd.
Seaside, CA 93955
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
The Defense Méñpe·.-:e:Data Center (DMDC) is an organizeden of the Dap M 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 Servicemambore 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 Seueends of "does not possess any information indicatiñg that the
individual is currently on active duty" responses, and has exparienM only a small error rate. In the event the |iidividüâ: 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 othennise entitled to the
pretedens of the SCRA, you are strongly eneuragad to obtain further verification of the person's status by onhMng that person's Service. Service contact
infüñiiaticñ 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 eds:strs, punitive provisiGas of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following information: (1) The individuai'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 ndfeet!en to report for active
duty on the Active Duty Status Date.
Status"
More information on "ACtive Duty
Active duty status as reported in this cer iiiicain is defined in âccGidâiica 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 ernuryer n.:ydeclared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an euthorized mobilizat!en position in the
unit they support. This includes Navy Training and Adminiafration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Adm!n!etetor (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty cG -ed officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Admini±ation (NOAA CGaii.iiš5;uned 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 pmtedens. Persons seeking to rely on this website
ce UE=üen should check to make sure the orders on which SCRA prededone are based have not been amended to extend the inclusive dates of service.
F herere. some pictact|Gñs 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 pictectiur m of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this coitificate are urged to seek qualified legal counsel to ensure that all rights gu=nked 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 erSEcete to be provided.
FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021
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FILED: CHEMUNG COUNTY CLERK 05/25/2021 09:32 AM INDEX NO. 2020-5820
NYSCEF DOC. NO. 19 RECEIVED NYSCEF: 05/25/2021