Preview
INDEX NO. E156226/2015
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/10/2016
SUPREME COURT OF THE STATE OF NEW YORK:
COUNTY OF NIAGARA
einiticnieemeneeremnntnis re
HSBC BANK USA, N.A. INDEX NO.: E156226/2015
Plaintiff, AFFIDAVIT AS TO
MILITARY SERVICE
-against-
MORTGAGED PREMISES:
DAWN WEBER A/K/A DAWN M. WEBER 341 ONTARIO STREET
CITY OF LOCKPORT NEW YORK, A MUNICIPAL LOCKPORT, NY 14094
CORPORATION
“JOHN DOE #1” to “JOHN DOE #10,” the last 10 names SBL #: 108.60 - 1 - 60
being fictitious and unknown to plaintiff, the persons or
parties intended being the persons or parties, if any, having
or claiming an interest in or lien upon the mortgaged
premises described in the complaint,
Defendants.
mew ene een nnennnennnnnennenenaanneanennrcenassaceensnenesesante,
Jonathan Lopez, being of lawful age and being first duly sworn on oath, states and
deposes as follows:
1 I am a Paralegal at McCabe, Weisberg & Conway, PC.
2 On June 10, 2016 I personally conducted an online search through the Department
of Defense Manpower Data Center at https://www.dmdc.osd.mil/scra/owa/home , Which
indicated that the defendant Dawn Weber a/k/a Dawn M. Weber 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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
1 of 6
3 The search was conducted using the borrower’s social security number.
By:
Jgnathan Lopez:
STATE OF NEW YORK)
COUNTY OF WESTCHESTER) ss.
Sworn to (or affirmed) and subscribed before me this 10" day of June, 2016, by Jonathan
Lopez, 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
My Commission Expires: gnature iblic)
_@ladiie
(Print, type or stamp commission name of
Notary Public)
Jennifer Lynn H
Notary Publi, Stateof New York
No. 01HE6217906 nly WIESE Se ny
Qualified
in S Cour
‘Commission Expires ¢) \Oa.\\<
2 of 6
SCRA 3.0
<
pt
“iiif} Ze
cos y
Status Report
rn iY Po.e
Laan
Pursuant to Servicemembers Civil Relief Act
a-
Last Name: WEBER
First Name: DAWN
Middle Name:
Active Duty Status As Of: Jun-10-2016
On Active Duty On Active Duty Status Date
Active Duty Start Date. Active Duly End Date Status Service Component
NA NA No NA
‘This response reflects the individuals’ active duty status based on the Active Duly Status Date
Loft Active Within 367 of Active Status Date
Duly Start Date Active End Date Status Servico
NA NA No NA
This left active status within 367 the Active Status Date
‘The Membor or His/Her Unit Was Notified of a Future Call-Up to Active Duly on Active Duly Status Dato
Order Notification Start Date Order Notification End Dato Status Service Component
NA NA. No. NA
This response reflects whether the individual or his/her unit has recelved early notification to report for active dut
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
Mh Yh. arly Dion.
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04625
Arlington, VA 22350
3 of 6
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. y 501 et seq, as amended) (SCRA) (formerly known as the
Soldiers’ and Sailors' Clvil 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 via this URL:
https://kb.defense.gov/PublicQueries/publicQuestions/FaqsAnswers.jsp?Subject=Locating Service Members or Getting a Mailing Addresss. 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. y 521(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.
More information on "Active Duty Status"
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 protectlons 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.
Certificate 1D: S2B6QDCBV3159F0
4 of 6
SCRA 3.0
S =
Oy iH
Status Report
ay 4
Pursuant to Servicemembers Civil Relief Act
i
Last Name: WEBER
First Name: DAWN
Middle Name: M.
Active Duty Status As Of: Jun-10-2016
On Active Duly On Active Duty Status Date
Active Duly Start Dale Active Duty End Date Status Service Component
NA NA No NA
‘This response reflects the Individuals’ active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duly Start Dato Active Duty End Date Status ‘Service Component
NA NA No. NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duly Status Date.
‘The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Nolification Start Date Order Notification End Date Status Service Component
NA NA. No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
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.
Many Ya. navel oder
Mary M, Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
5 of 6
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. y 501 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 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 via this URL:
https://kb.defense.gov/PublicQueries/publicQuestions/FaqsAnswers jsp?Subject=Locating Service Members or Getting a Mailing Address. 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. y 521(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.
More information on "Active Duty Status"
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 protectlons 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.
Certificate ID: 22_C5DAB9322DA0
6 of 6
Preview
INDEX NO. E156226/2015 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 06/10/2016 SUPREME COURT OF THE STATE OF NEW YORK: COUNTY OF NIAGARA einiticnieemeneeremnntnis re HSBC BANK USA, N.A. INDEX NO.: E156226/2015 Plaintiff, AFFIDAVIT AS TO MILITARY SERVICE -against- MORTGAGED PREMISES: DAWN WEBER A/K/A DAWN M. WEBER 341 ONTARIO STREET CITY OF LOCKPORT NEW YORK, A MUNICIPAL LOCKPORT, NY 14094 CORPORATION “JOHN DOE #1” to “JOHN DOE #10,” the last 10 names SBL #: 108.60 - 1 - 60 being fictitious and unknown to plaintiff, the persons or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the mortgaged premises described in the complaint, Defendants. mew ene een nnennnennnnnennenenaanneanennrcenassaceensnenesesante, Jonathan Lopez, being of lawful age and being first duly sworn on oath, states and deposes as follows: 1 I am a Paralegal at McCabe, Weisberg & Conway, PC. 2 On June 10, 2016 I personally conducted an online search through the Department of Defense Manpower Data Center at https://www.dmdc.osd.mil/scra/owa/home , Which indicated that the defendant Dawn Weber a/k/a Dawn M. Weber 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 1 of 6 3 The search was conducted using the borrower’s social security number. By: Jgnathan Lopez: STATE OF NEW YORK) COUNTY OF WESTCHESTER) ss. Sworn to (or affirmed) and subscribed before me this 10" day of June, 2016, by Jonathan Lopez, 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 My Commission Expires: gnature iblic) _@ladiie (Print, type or stamp commission name of Notary Public) Jennifer Lynn H Notary Publi, Stateof New York No. 01HE6217906 nly WIESE Se ny Qualified in S Cour ‘Commission Expires ¢) \Oa.\\< 2 of 6 SCRA 3.0 < pt “iiif} Ze cos y Status Report rn iY Po.e Laan Pursuant to Servicemembers Civil Relief Act a- Last Name: WEBER First Name: DAWN Middle Name: Active Duty Status As Of: Jun-10-2016 On Active Duty On Active Duty Status Date Active Duty Start Date. Active Duly End Date Status Service Component NA NA No NA ‘This response reflects the individuals’ active duty status based on the Active Duly Status Date Loft Active Within 367 of Active Status Date Duly Start Date Active End Date Status Servico NA NA No NA This left active status within 367 the Active Status Date ‘The Membor or His/Her Unit Was Notified of a Future Call-Up to Active Duly on Active Duly Status Dato Order Notification Start Date Order Notification End Dato Status Service Component NA NA. No. NA This response reflects whether the individual or his/her unit has recelved early notification to report for active dut 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 Mh Yh. arly Dion. Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04625 Arlington, VA 22350 3 of 6 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. y 501 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sailors' Clvil 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 via this URL: https://kb.defense.gov/PublicQueries/publicQuestions/FaqsAnswers.jsp?Subject=Locating Service Members or Getting a Mailing Addresss. 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. y 521(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. More information on "Active Duty Status" 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 protectlons 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. Certificate 1D: S2B6QDCBV3159F0 4 of 6 SCRA 3.0 S = Oy iH Status Report ay 4 Pursuant to Servicemembers Civil Relief Act i Last Name: WEBER First Name: DAWN Middle Name: M. Active Duty Status As Of: Jun-10-2016 On Active Duly On Active Duty Status Date Active Duly Start Dale Active Duty End Date Status Service Component NA NA No NA ‘This response reflects the Individuals’ active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duly Start Dato Active Duty End Date Status ‘Service Component NA NA No. NA This response reflects where the individual left active duty status within 367 days preceding the Active Duly Status Date. ‘The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Nolification Start Date Order Notification End Date Status Service Component NA NA. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty 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. Many Ya. navel oder Mary M, Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 5 of 6 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. y 501 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 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 via this URL: https://kb.defense.gov/PublicQueries/publicQuestions/FaqsAnswers jsp?Subject=Locating Service Members or Getting a Mailing Address. 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. y 521(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. More information on "Active Duty Status" 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 protectlons 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. Certificate ID: 22_C5DAB9322DA0 6 of 6