Preview
FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/07/2021
ORIGINAL
STATE OF NEW YORK
SUPREME COURT COUNTY OF GENESEE
- _ . .__________________________________________ ___
BENEFICIAL HOMEOWNER
SERVICE CORPORATION,
Plaintiff, AFFIRMATION OF
NON-MILITARY
SERVICE
vs DOCKET # 64128
JOHN WAHR; SHERRI WAHR;
CAPITAL ONE AUTO FINANCE, INC.;
DOE" DOE"
"JOHN AND "JANE said
names being fictitious, it being the intention of
FILED
Plaintiff to designate any and all occupants of premises GENESEECOUNTY CLERK
foreclosed 04/09/2015 02:53:08 P.M.
being herein,
Defendants.
____________________ .______
MIRANDA L. SHARLETTE, ESQ., an attorney duly licensed to practice law in the State of New
York, hereby affirms under penalty of perjury pursuant to CPLR 2106 as follows:
1) I am an associate with the law firm of Fein, Such & Crane, LLP, attorneys for the plaintiff
herein and as such am fully faMlis with the facts and circumstances stated herein. I make this
affirmation after a review of the files, papêrless and otherwise, kept on this file in the ordinary course of
the foreclosure p osecution, the loan documents, and conversations with the Plaintiff.
2) Upon information and belief, at the time of the service of the Summons in this action, SHERRI
WAHR, the above named defshnt, is an individual not engaged in any kind of service with any branch
of the military service of the United States or of the State of New York, nor in training or education under
the supervision of the United States or such state after the induction into military service; and at no time
since the service of the S"mmons upon said defendant has said defen&nt been engaged in any service.
3) The foregoing allegations are upon information and belief and the sources of my information
and the grounds of my belief are reflected by the attached Request for Military Status signed by Mary M.
director of the Degracat of Defense - Manpower Data Center, dated 04/07/2015, and
Snavely-Dixon,
- obtained from over the website of DMDC.
Dated: 04/07/2015
Miranda L. Sharlette, Esq.
1 of 4
FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/07/2021
of Defense """"'"""°'*#2°¹™"27^"
a Depaitiiient Manpower Data Center
SCRA3.0
Status Report
Pursuant to Servicemembers Civil Relief Act
FILED
Last Name: WAHR GENESEE COUNTYCLERK
. 04/09/2015 02:53:08 P.M.
. First Name: SHERRI . . . .
Middle Name:
Active Duty Status As Of: Apr-07-2015
OnActheDulyOnActiveDulyStatusDate. .4... ... . . .. . . . .. . ._
ActiveDutySlartDate . .. ActiveDutyEndDate. Status .. Service
Component. ..
NA NA N. NA
Thisresponse
reflecÊt is s activedutys ausbasedo 8 DutyStatusDate
/AWM\ (7%
* LeRActiveDutyWithirt367DaysoÊActiveDutyStainsDale ·- , · e
ActiveDutyStartDate . ActiveDutyEndDate .. . ..Status . Service'Component
NA ÚŸCn o NA
Thisresponse
rsRects et eindM st precedirn a DutyStats Date
. __ _ .. . orHis/HerUnitWasNoMled
TheMerÂbeir cra Futurecas-Up ActiveDutyStalusDale,,....... . .._
OrderNomication
SlartDale . OrderNoMication
EndDale Status . Service
Component
NA . o'Â MFf NA
ms,esponserenects
whe h n I dualÎh Jherunithasreceive
d deport
foracilveduty
Upon e--::- -;-:g the data banks of the DCpr.==: of Defense Ma pdwer Data C er ;bás d n he fG.iiiatiGGthat you provided, the above is the status of
the individual on the active duty status date as to all branches of the Senqces y, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servinornamhar Or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Departinent of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
2 of 4
FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/07/2021
Th#Defense Manpower Data Center (DMDC) is an organization of the Depcc.m:=: of Defense (DoD) that mWe the Defense F=!!=-^± 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 enfn-rerriant of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as
Soldiers' Sailors' Civil Relief Act of 1940).
the and DMDC has issued N±± of thousands of "does not possess any iiniurumiiun indicating that the
|Gdiv|dsâ| is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referâGced above, or any family
member. friend, or representative asserts in any manner that the |Gdiv|düa:was on active duty for the active duty status date, or is sthei-ise entitled to the
pet=-st!ens of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL: http'J/www.ueiemék.mil/faq/pis/PCO9SLDR.html. II you have evidence the person was on active duty for the active duty status
date and you fail to obtain this addit!ene! Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects the following i.. .silan: (1) The individuars Active Duty status on the Active Duty Status Date (2) Whether the individual felt Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early --P.= 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 eme*ance 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 can to active service
authorized by the P.ssidere or the Secretary of Defense under32 USC § 502(f) for purposes of r:5-r- .5 to a national emergency declared by the
President and suppeM by Federal funds. AII Active Guard Reserve (AGR) Inembers 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 rnember who is an active duty al officer of the U.S.
Public Health Service or the National Oceanic and Ancsphde 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 acmrdance with 10 USC § 101(d)(1).
Many times orders are arnended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
caM!fication should check to make sure the orders on which SCRA pmtect!ens are based have not been amended to extend the inclusive dates of service.
urthermara, 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 indi!ctinn The Last Date on Active Duty entry is important because a number of pwtectiGns of the SCRA
extend beyond the last dates of active duty.
Those who could rely an this certificate are urged to seek qualified legal counsel to ensure that alf rights gseented to Service members under the SCRA
are protected
WARNING: This cedificee was provided based on a last name, SSN/date of birth. and active duty status date provided by the requester. Providing
erroneous information win cause an -.v.,=uuo certificate to be provided.
Certificate ID: X5BE1F0381C11BO
3 of 4
FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128
NYSCEF DOC.Court
Supreme NO.of16
the State of New York RECEIVED NYSCEF: 06/07/2021
Countfof Genesee
.r -
Beneficial Hóitsowner Service Corporation
Index No.
64128
-against- Plaintiff(s)/Petitioner(s)
John Wahr, et al.
Defendant(s)/Respondent(s)
REDACTION COVER PAGE
CHECKALL THATAPPLY:
The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e).
The document filed is REDACTED in accordance with 22 NYCRR 202.5(e).
'
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e).
(a) The document filed contains SSN (as authorized by the order specified below).
(b) The document filed contains confidential personal information as defined
under 22 NYCRR 202.5(e) (as authorized by the order specified below).
This document was previously filed REDACTED.
Date:
This document was previously filed UN-REDACTED.
Date:
The document filed is seeks a remedy under 22 NYCRR 202.5(e)(2).
The document filed is seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional Information:
ETEffstE
Date of order:
W a EtB EE
Date order filed:
Other identifying information for such order:
Date of order:
Other identifying informatio for suc order:
Signature of filer:
Print Name:
Counse! appearing for: Bene i ial Homeowner Service Córpóraüüi (name of party)
Filer is Unrepresented / Pro se: yes /
Date:
4 of 4
Preview
FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/07/2021 ORIGINAL STATE OF NEW YORK SUPREME COURT COUNTY OF GENESEE - _ . .__________________________________________ ___ BENEFICIAL HOMEOWNER SERVICE CORPORATION, Plaintiff, AFFIRMATION OF NON-MILITARY SERVICE vs DOCKET # 64128 JOHN WAHR; SHERRI WAHR; CAPITAL ONE AUTO FINANCE, INC.; DOE" DOE" "JOHN AND "JANE said names being fictitious, it being the intention of FILED Plaintiff to designate any and all occupants of premises GENESEECOUNTY CLERK foreclosed 04/09/2015 02:53:08 P.M. being herein, Defendants. ____________________ .______ MIRANDA L. SHARLETTE, ESQ., an attorney duly licensed to practice law in the State of New York, hereby affirms under penalty of perjury pursuant to CPLR 2106 as follows: 1) I am an associate with the law firm of Fein, Such & Crane, LLP, attorneys for the plaintiff herein and as such am fully faMlis with the facts and circumstances stated herein. I make this affirmation after a review of the files, papêrless and otherwise, kept on this file in the ordinary course of the foreclosure p osecution, the loan documents, and conversations with the Plaintiff. 2) Upon information and belief, at the time of the service of the Summons in this action, SHERRI WAHR, the above named defshnt, is an individual not engaged in any kind of service with any branch of the military service of the United States or of the State of New York, nor in training or education under the supervision of the United States or such state after the induction into military service; and at no time since the service of the S"mmons upon said defendant has said defen&nt been engaged in any service. 3) The foregoing allegations are upon information and belief and the sources of my information and the grounds of my belief are reflected by the attached Request for Military Status signed by Mary M. director of the Degracat of Defense - Manpower Data Center, dated 04/07/2015, and Snavely-Dixon, - obtained from over the website of DMDC. Dated: 04/07/2015 Miranda L. Sharlette, Esq. 1 of 4 FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/07/2021 of Defense """"'"""°'*#2°¹™"27^" a Depaitiiient Manpower Data Center SCRA3.0 Status Report Pursuant to Servicemembers Civil Relief Act FILED Last Name: WAHR GENESEE COUNTYCLERK . 04/09/2015 02:53:08 P.M. . First Name: SHERRI . . . . Middle Name: Active Duty Status As Of: Apr-07-2015 OnActheDulyOnActiveDulyStatusDate. .4... ... . . .. . . . .. . ._ ActiveDutySlartDate . .. ActiveDutyEndDate. Status .. Service Component. .. NA NA N. NA Thisresponse reflecÊt is s activedutys ausbasedo 8 DutyStatusDate /AWM\ (7% * LeRActiveDutyWithirt367DaysoÊActiveDutyStainsDale ·- , · e ActiveDutyStartDate . ActiveDutyEndDate .. . ..Status . Service'Component NA ÚŸCn o NA Thisresponse rsRects et eindM st precedirn a DutyStats Date . __ _ .. . orHis/HerUnitWasNoMled TheMerÂbeir cra Futurecas-Up ActiveDutyStalusDale,,....... . .._ OrderNomication SlartDale . OrderNoMication EndDale Status . Service Component NA . o'Â MFf NA ms,esponserenects whe h n I dualÎh Jherunithasreceive d deport foracilveduty Upon e--::- -;-:g the data banks of the DCpr.==: of Defense Ma pdwer Data C er ;bás d n he fG.iiiatiGGthat you provided, the above is the status of the individual on the active duty status date as to all branches of the Senqces y, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servinornamhar Or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Departinent of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 2 of 4 FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 06/07/2021 Th#Defense Manpower Data Center (DMDC) is an organization of the Depcc.m:=: of Defense (DoD) that mWe the Defense F=!!=-^± 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 enfn-rerriant of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as Soldiers' Sailors' Civil Relief Act of 1940). the and DMDC has issued N±± of thousands of "does not possess any iiniurumiiun indicating that the |Gdiv|dsâ| is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referâGced above, or any family member. friend, or representative asserts in any manner that the |Gdiv|düa:was on active duty for the active duty status date, or is sthei-ise entitled to the pet=-st!ens of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http'J/www.ueiemék.mil/faq/pis/PCO9SLDR.html. II you have evidence the person was on active duty for the active duty status date and you fail to obtain this addit!ene! Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following i.. .silan: (1) The individuars Active Duty status on the Active Duty Status Date (2) Whether the individual felt Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early --P.= 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 eme*ance 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 can to active service authorized by the P.ssidere or the Secretary of Defense under32 USC § 502(f) for purposes of r:5-r- .5 to a national emergency declared by the President and suppeM by Federal funds. AII Active Guard Reserve (AGR) Inembers 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 rnember who is an active duty al officer of the U.S. Public Health Service or the National Oceanic and Ancsphde 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 acmrdance with 10 USC § 101(d)(1). Many times orders are arnended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website caM!fication should check to make sure the orders on which SCRA pmtect!ens are based have not been amended to extend the inclusive dates of service. urthermara, 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 indi!ctinn The Last Date on Active Duty entry is important because a number of pwtectiGns of the SCRA extend beyond the last dates of active duty. Those who could rely an this certificate are urged to seek qualified legal counsel to ensure that alf rights gseented to Service members under the SCRA are protected WARNING: This cedificee was provided based on a last name, SSN/date of birth. and active duty status date provided by the requester. Providing erroneous information win cause an -.v.,=uuo certificate to be provided. Certificate ID: X5BE1F0381C11BO 3 of 4 FILED: GENESEE COUNTY CLERK 04/09/2015 INDEX NO. E64128 NYSCEF DOC.Court Supreme NO.of16 the State of New York RECEIVED NYSCEF: 06/07/2021 Countfof Genesee .r - Beneficial Hóitsowner Service Corporation Index No. 64128 -against- Plaintiff(s)/Petitioner(s) John Wahr, et al. Defendant(s)/Respondent(s) REDACTION COVER PAGE CHECKALL THATAPPLY: The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). ' The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e). (a) The document filed contains SSN (as authorized by the order specified below). (b) The document filed contains confidential personal information as defined under 22 NYCRR 202.5(e) (as authorized by the order specified below). This document was previously filed REDACTED. Date: This document was previously filed UN-REDACTED. Date: The document filed is seeks a remedy under 22 NYCRR 202.5(e)(2). The document filed is seeks a remedy under 22 NYCRR 202.5(e)(3). Additional Information: ETEffstE Date of order: W a EtB EE Date order filed: Other identifying information for such order: Date of order: Other identifying informatio for suc order: Signature of filer: Print Name: Counse! appearing for: Bene i ial Homeowner Service Córpóraüüi (name of party) Filer is Unrepresented / Pro se: yes / Date: 4 of 4