On April 22, 2013 a
Party Statement
was filed
involving a dispute between
Bank Of New York Mellon,
and
First National Bank,
John Doe Seibert Unknown Spouse Of Laura S Seibert,
Laura S Seibert,
Montgomery County Treasurer,
for JOHN DOE SEIBERT UNKNOWN SPOUSE OF LAURA S SEIBERT
in the District Court of Montgomery County.
Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
31, 2013 3:41:19 PM
case ‘NUMBER: 2013 CV 02450 Docket ID: 18193410
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
13-05785
IN THE COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
The Bank of New York Mellon, FKA The CASE NO, 2013 CV 02450
Bank of New York, as Successor Trustee to
JPMorgan Chase Bank, N.A., as Trustee for JUDGE GREGORY F. SINGER
the Noteholders of the CWHEQ Inc., CWHEQ
Revolving Home Equity Loan Trust, Series
2005-L.
Plaintiff
-vs-
Laura S. Seibert, et al
Defendants AFFIDAVIT REGARDING MILITARY
STATUS OF NATURAL-PERSON
DEFENDANTS
STATE OF OHIO )
)SS
COUNTY OF SUMMIT )
Charles V. Gasior, being first duly sworn, deposes and says the following:
1 That I am counsel for Plaintiff, and is duly authorized to make this Affidavit:
2 That I am aware that the Soldiers and Sailors Civil Relief Act of 1940 and the
Servicemen’s Civil Relief Act of 2003, as temporarily modified by Section
2203(a) of the Housing and Economic Recovery Act, 50 U.S.C. App 533 (the
“Act”), affords certain protections to defendants in civil actions
That the following Defendant may be, if they exist, a natural person who may be
entitled to protection from default judgment by the Act if they, in fact, are a
natural person who is a members of the United States military in active duty:
a John Doe, Unknown Spouse, if any, of Laura S. Seibert
That, due to insufficient personal information available unto me (including, but
not limited to, lack of a birthdate and a social security number), I am unable to
conduct any meaningful search of Department of Defense records to ascertain
whether they are a member of the United States military in active duty.
5. That the above-listed Defendant is not an obligated party under the Promissory
Note referenced herein by Plaintiff's Complaint; and,
6. That a review of the Preliminary Judicial Report filed herein indicates that the
above-listed Defendant is not a record owner in the real property referenced
herein by Plaintiff's Complaint.
FURTHER affiant sayeth naught.
Name
Signature
—_—
5-3) x3
Date
The foregoing instrument was sworn to and subscribed in my presence this by day of
May, 2013.
NOTARY PUBLIC
a ip se fet
ee
ATER INE
MI. © ASALINUOVE
ub «St ol Ghio
y
oo om My ping
Taki
Document Filed Date
May 31, 2013
Case Filing Date
April 22, 2013
Category
JOHN DOE SEIBERT UNKNOWN SPOUSE OF LAURA S SEIBERT
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ELECTRONICALLY FILED COURT OF COMMON PLEAS 31, 2013 3:41:19 PM case ‘NUMBER: 2013 CV 02450 Docket ID: 18193410 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO 13-05785 IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO The Bank of New York Mellon, FKA The CASE NO, 2013 CV 02450 Bank of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for JUDGE GREGORY F. SINGER the Noteholders of the CWHEQ Inc., CWHEQ Revolving Home Equity Loan Trust, Series 2005-L. Plaintiff -vs- Laura S. Seibert, et al Defendants AFFIDAVIT REGARDING MILITARY STATUS OF NATURAL-PERSON DEFENDANTS STATE OF OHIO ) )SS COUNTY OF SUMMIT ) Charles V. Gasior, being first duly sworn, deposes and says the following: 1 That I am counsel for Plaintiff, and is duly authorized to make this Affidavit: 2 That I am aware that the Soldiers and Sailors Civil Relief Act of 1940 and the Servicemen’s Civil Relief Act of 2003, as temporarily modified by Section 2203(a) of the Housing and Economic Recovery Act, 50 U.S.C. App 533 (the “Act”), affords certain protections to defendants in civil actions That the following Defendant may be, if they exist, a natural person who may be entitled to protection from default judgment by the Act if they, in fact, are a natural person who is a members of the United States military in active duty: a John Doe, Unknown Spouse, if any, of Laura S. Seibert That, due to insufficient personal information available unto me (including, but not limited to, lack of a birthdate and a social security number), I am unable to conduct any meaningful search of Department of Defense records to ascertain whether they are a member of the United States military in active duty. 5. That the above-listed Defendant is not an obligated party under the Promissory Note referenced herein by Plaintiff's Complaint; and, 6. That a review of the Preliminary Judicial Report filed herein indicates that the above-listed Defendant is not a record owner in the real property referenced herein by Plaintiff's Complaint. FURTHER affiant sayeth naught. Name Signature —_— 5-3) x3 Date The foregoing instrument was sworn to and subscribed in my presence this by day of May, 2013. NOTARY PUBLIC a ip se fet ee ATER INE MI. © ASALINUOVE ub «St ol Ghio y oo om My ping Taki