On December 01, 2023 a
AFFIRMATION/AFFIDAVIT OF SERVICE - NON-MILITARY AFFIDAVIT - NELSON GUSTAVO CASTILLO
was filed
involving a dispute between
Wilmington Savings Fund Society, Fsb, Not In Its Individual Capacity But Solely As Trustee For Iof Iii Trust 2A,
and
John Doe #1 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,,
Nelson Castillo,
for Real Property - Mortgage Foreclosure - Commercial
in the District Court of Sullivan County.
Preview
FILED: SULLIVAN COUNTY CLERK 12/14/2023 10:09 AM INDEX NO. E2023-1899
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/14/2023
SUPREME COURT OF THE STATE OF NEW YORK Roach & Lin, P.C.
COUNTY OF SULLIVAN Index No: E2023-1899
--------------------------------------------------X Date Filed: 12/01/2023
WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN
ITS INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE FOR IOF III TRUST 2A
Plaintiff(s),
NON-MILITARY AFFIDAVIT
-against-
NELSON CASTILLO, ET AL.,
Defendant(s).
________ ___ _____ ___ ____ _______________Ç
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS.
I, William J. Moran, being duly sworn, certify that the following information is true:
1. That I am over eighteen (18) years of age and believe in the obligation of an oath.
2. That Defendant, NELSON GUSTAVO CASTILLO, is not in the Armed Services as
Members'
defined in the Service Civil Relief Act.
3. The source of my knowledge is as follows:
a. That I have conducted an investigation and found that Defendant, NELSON
GUSTAVO CASTILLO, is not on active duty in the Armed Forces of the United States.
b. That I have inquired of the Armed Services of the United States, on DECEMBER
14, 2023, to detennine if Defendant, NELSON GUSTAVO CASTILLO, is a member of the Armed
Services, and am attaching a certificate stating Defendant, NELSON GUSTAVO CASTILLO, is not
now in the Armed Services.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
affidavit, and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
Dated: DECEMBER 14, 2023
William J. Moran
RELIANT COURT SERVICES, INC.
1 Comac Loop, Ste. 1Al
Ronkonkoma, New York 11779
NYC DCA Process Serving Agency Lic.#: 1382164
Sworn and subscribed to before me on
14*
This day of DECEMBER, 2023 ____
JANETH RODRIG UEZ
NOTARY PUBLIC. STATE OF NEW YORK
Registration No. 01RO5438270
ublic Qualified in surroik
Nothy coamy
tommission Expires Sisi26
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FILED: SULLIVAN COUNTY CLERK 12/14/2023 10:09 AM INDEX NO. E2023-1899
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/14/2023
Department of Defense Manpower Data Center "as""55°"D"*2°23*ª"
.. SCRA5.18
..
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN:
Birth Date: Jun-XX-1981
Last Name: CASTILLO
First Name: NELSON
Middle Name: GUSTAVO
Status As Of: Dec-11-2023
Certificate ID: PKVD0687F87BV4M
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
component
NA NA No NA
... .
Thisresponse theindividuals'
reSects activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWtthin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Bervice
Component
NA NA No NA
Thisresponse
reflects leftactivedutystatuswithin367dayspreceding
wheretheindividual theActiveDutystatusDate
orHis/HerUnitWasNotified
TheMember ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
OrderNctification
StartDate OrderNotification
EndDate Status Service
Cornponent
Thisresponse
reflectswhethertheindividual
orhis/herunithasreceived
earlynodfication
toreportforactveduty
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). ThEsstatus includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UN1QUELY
IDENTIFY AN INDIVIDUAL.
Sam Yousefzadeh, Director
Departrnent of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 223S0
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FILED: SULLIVAN COUNTY CLERK 12/14/2023 10:09 AM INDEX NO. E2023-1899
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/14/2023
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'
the 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 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 individuaHeft 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 irnportant because a number of protections of the SCRA
extend beyond the tast 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.
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Preview
FILED: SULLIVAN COUNTY CLERK 12/14/2023 10:09 AM INDEX NO. E2023-1899 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/14/2023 SUPREME COURT OF THE STATE OF NEW YORK Roach & Lin, P.C. COUNTY OF SULLIVAN Index No: E2023-1899 --------------------------------------------------X Date Filed: 12/01/2023 WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR IOF III TRUST 2A Plaintiff(s), NON-MILITARY AFFIDAVIT -against- NELSON CASTILLO, ET AL., Defendant(s). ________ ___ _____ ___ ____ _______________Ç STATE OF NEW YORK) COUNTY OF SUFFOLK) SS. I, William J. Moran, being duly sworn, certify that the following information is true: 1. That I am over eighteen (18) years of age and believe in the obligation of an oath. 2. That Defendant, NELSON GUSTAVO CASTILLO, is not in the Armed Services as Members' defined in the Service Civil Relief Act. 3. The source of my knowledge is as follows: a. That I have conducted an investigation and found that Defendant, NELSON GUSTAVO CASTILLO, is not on active duty in the Armed Forces of the United States. b. That I have inquired of the Armed Services of the United States, on DECEMBER 14, 2023, to detennine if Defendant, NELSON GUSTAVO CASTILLO, is a member of the Armed Services, and am attaching a certificate stating Defendant, NELSON GUSTAVO CASTILLO, is not now in the Armed Services. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit, and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: DECEMBER 14, 2023 William J. Moran RELIANT COURT SERVICES, INC. 1 Comac Loop, Ste. 1Al Ronkonkoma, New York 11779 NYC DCA Process Serving Agency Lic.#: 1382164 Sworn and subscribed to before me on 14* This day of DECEMBER, 2023 ____ JANETH RODRIG UEZ NOTARY PUBLIC. STATE OF NEW YORK Registration No. 01RO5438270 ublic Qualified in surroik Nothy coamy tommission Expires Sisi26 1 of 3 FILED: SULLIVAN COUNTY CLERK 12/14/2023 10:09 AM INDEX NO. E2023-1899 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/14/2023 Department of Defense Manpower Data Center "as""55°"D"*2°23*ª" .. SCRA5.18 .. Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Jun-XX-1981 Last Name: CASTILLO First Name: NELSON Middle Name: GUSTAVO Status As Of: Dec-11-2023 Certificate ID: PKVD0687F87BV4M OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service component NA NA No NA ... . Thisresponse theindividuals' reSects activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWtthin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Bervice Component NA NA No NA Thisresponse reflects leftactivedutystatuswithin367dayspreceding wheretheindividual theActiveDutystatusDate orHis/HerUnitWasNotified TheMember ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate OrderNctification StartDate OrderNotification EndDate Status Service Cornponent Thisresponse reflectswhethertheindividual orhis/herunithasreceived earlynodfication toreportforactveduty 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). ThEsstatus includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UN1QUELY IDENTIFY AN INDIVIDUAL. Sam Yousefzadeh, Director Departrnent of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 223S0 2 of 3 FILED: SULLIVAN COUNTY CLERK 12/14/2023 10:09 AM INDEX NO. E2023-1899 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 12/14/2023 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' the 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 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 individuaHeft 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 irnportant because a number of protections of the SCRA extend beyond the tast 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. 3 of 3