On November 13, 2019 a
Party Statement
was filed
involving a dispute between
Ford Motor Credit Company Llc,
and
Lisa M Johnson,
Richard L Johnson,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Livingston County.
Preview
FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM INDEX NO. 001000-2019
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/31/2020
Mary F. Strickland , County Clerk
Livingston County Government Center
6 Court Street, Room 201
fl A ÏÏ Geneseo, New York 14454
182' ~
(585) 243-7010 Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
KEITH H. ROTHMAN KEITH H. ROTHMAN
1787 VETERANS HWY 1787 VETERANS HWY
ISLANDIA, NY 11749 ISLANDIA, NY 11749
Document Type: CIVIL ACTION - MISC Document Desc: AFFIRMATION
Plaintiff Defendant
FORD MOTOR CREDIT COMPANY LLC JOHNSON RICHARD L
JOHNSON LISA M
Recorded Information:
State of New York
Index #: 001000-2019
County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutesthe Clerk's endoreement required by section 319 of the Real Property Law ofthe State ofNew York
AKB
Do Not
1 ofDetach
4
Index
INDEX #
NO.: 001000-2019
001000-2019
FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/31/2020
22 6
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1319149
COUNTY OF LIVINGSTON S 051
________________________________________
FORD MOTOR CREDIT COMPANY LLC
Plaintiff AFFIRMATION THAT THIS IS NOT
-against- A CONSUMER CREDIT TRANSACTION,
NON-MILITARY AFFIRMATION AND
AFFIRMATION OF NON-EXPIRATION
RICHARD L JOHNSON OF STATUTE OF LIMITATIONS
LISA M JOHNSON
Index No. 001000-2019
Defendant(s)
________________________________________
The undersigned, an attorney admitted to practice in the State of
New York, associated with the attorneys for plaintiff, affirms the
following to be true under penalties of perjury:
********* SPECIAL AFFIDAVIT OF MERIT NOT REQUIRED *********
1. This lawsuit is not covered by Section 202.27a(a) (1)
of the Uniform Civil Rules for the Supreme Court. An affidavit
of merit that meets the requirements of that section is therefore
not required as part of a default judgment application.
NON - MILITARY
2. This affirmation is made pursuant to the Servicemembers
Civil Relief Act in support of plaintiff's application to enter
judgment against defendant, RICHARD L JOHNSON
3. On 1/28/20 , an electronic request was made by this firm to a
website maintained by the Department of Defense Manpower Data Center
requesting the defendant's military status. The request included the said
defendant's social security number or date of birth. This information
was provided to plaintiff's attorney by the plaintiff.
4. The attached status report was printed from the web-
military
site on the said date and indicates that the said defendant is not
currently on active duty.
STATUTE OF LIMITATIONS
5. THIS CAUSE OF ACTION ACCRUED IN MICHIGAN
THE STATUTE OF LIMITATIONS IN THAT STATE IS 4 YEARS FOR AUTOMOBILE
LEASES AND CONTRACTS. AFTER REASONABLE INQUIRY, I HAVE REASON TO BELIEVE
THAT THE STATUTE OF LIMITATIONS HAD NOT EXPIRED ON THE DATE WHEN THE
INDEX NUMBER WAS PURCHASED.
6. The above statements are true and correct to the best of my
personal knowledge.
Dated: Islandia, New York
January 28, 2020
JESS A COONROD
2 of 4
Index NO.
INDEX #: 001000-2019
001000-2019
FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM
NYSCEF DOC. NO. 6 RECEIVEDResults
NYSCEF: 01/31/2020
as of : Jan-28-2020
05:39:18AM
Department of Defense Manpower Data Center
SCRA5.3
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN:
Birth Date:
Last Name: JOHNSON
First Name: RICHARD
Middle Name: L
Status As Of: Jan-28-2020
Certificate ID: 601861LLN14RQ4Z
Thisresponse ivi I a tiveÏIut staus aseNAc ps Date
NA . ÑA No NA
Thisresponsereflects .ind dualleftactive
t il i daysprece th EutyStatusDate
ThisresponsereflectswhethertI I ur&bas ec i o to reportfor activeduty
Upon searching the data
banks of theDepartment of DefenseManpower DatetenteCbased on the information
that youprovided,the aboveis the status
of
theindividual
on the active
duty status
date as to all branches
of theUniformed Services(Army,Navy, Marine Corps,Air Force,
NOAA, PublicHealth,and
Coast Guard). Thisstatusincludesinformationon a Servicememberor his/her
unit receiving
notification
of future
ordersto report
for Active
Duty.
MichaelV. Sorrento,Director
Department of Defense- Manpower Data Center
400 GiglingRd.
Seaside,CA 93955
3 of 4
Index NO.
INDEX #: 001000-2019
001000-2019
FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM
NYSCEF
The
DOC.
Defense
NO.
Manpower
6
Data Center is an organization
of theDepartment of Defense that
RECEIVED
maintainstheDefense
NYSCEF:
Enrollment
01/31/2020
and
(DMDC) (DoD) Eligibility
ReportingSystem (DEERS) database which istheofficial
source ofdataon for
eligibility medical
military care and other systems.
eligibility
The DoD stronglysupportsthe enforcementof theServicemembers Civil
Relief
Act (50 USC App. ? 501 et seq,
as amended) (SCRA) known
(formerly as
Soldiers' Sailors'
the and Civil
Relief
Act of 1940).DMDC has issuedhundredsof thousands of "does
not possess anyinformation that
indicating the
duty"
individual
is currently
on active responses,and has experiencedonly a small
errorrate.In the event
the individual
referencedabove,or any family
member, friend,or representative
assertsin anymanner that theindividual
was on active
dutyfor the active
duty statusdate,or is otherwise
entitled
to the
protections
of the SCRA, you are strongly
encouraged to obtainfurther
verification
of theperson'sstatus that
by contacting person'sService.Servicecontact
information
can be found on the SCRA website'sFAQ page (Q33) viathisURL: https://scra.dmdc.osd.mil/faq.xhtml#Q33.
Ifyou haveevidence theperson
was on activedutyfor the active
dutystatusdate and you fail to obtain
this additional
Service punitive
verification, provisions
of theSCRA may be invoked
againstyou. See 50 USC App. ? 521(c).
Thisresponse reflects
the following
information:
(1) Theindividual's
ActiveDuty status
on the Active
Duty StatusDate (2) Whetherthe individual
left Active
Duty statuswithin
367 days precedingtheActiveDuty StatusDate (3)Whether theindividual
or his/her
unitreceivedearlynotification
toreportforactive
dutyon the ActiveDutyStatusDate.
Status"
More information on "Active Duty
Activedutystatusas reportedin this certificate
is defined
in accordancewith10 USC ? 101(d)(1).Prior to 2010
only someof the active
dutyperiodsless
than 30 consecutive
days in length
were available.In the case
of a member of theNational
Guard, thisincludesserviceundera call to active
service
authorizedby thePresidentor theSecretaryof Defenseunder 32 USC ? 502(f)for purposes
of respondingto a national
emergency declaredby the
Presidentand supportedby Federalfunds. AII Active
Guard Reserve (AGR) members must be assignedagainstan authorizedmobilization
position
in the
unit they
support.This includesNavy Trainingand Administration
of the
Reserves (TARs), MarineCorps ActiveReserve (ARs) and Coast Guard Reserve
Program Administrator(RPAs). ActiveDuty status
alsoappliesto a UniformedServicemember who is an active
dutycommissioned officer
of the
U.S.
PublicHealthService or the
NationalOceanic and Atmospheric Administration
(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broaderin somecases and includessome categoriesof personson activedutyfor purposesof the
SCRA who would not be
reportedas on ActiveDutyunder this
certificate.
SCRA protections
are for
Title10 andTitle14 active
duty recordsforall
the UniformedServices periods.
Title
32 periodsof ActiveDuty arenot coveredby SCRA, as definedin accordancewith10 USC ? 101(d)(1).
Many times ordersare amended to extendthe periodof active which
duty, would extend SCRA protections.
Personsseeking to rely on this website
cedification
shouldcheck to make sure the orders
on whichSCRA protections
are based have not beenamended to extendthe inclusive
dates of service.
Furthermore,some protections
of theSCRA may extendto personswho have receivedordersto report
for active
duty or to be inducted,
but whohave not
begun
actually active
duty or actually
repoded for induction.
The LastDate on Active is impodant
Duty entry because a number of protections
of theSCRA
extend beyond thelast dates
of active
duty.
Those who could rely on this certificate
are urgedto seekqualified
legal counsel
to ensurethatall rights
guaranteed to Servicemembers under theSCRA
are protected
WARNING: Thiscertificate
was providedbased on a last name,
SSN/date of birth,
and activedutystatusdate providedby the requester.Providing
erroneous information
will causean erroneouscertificate
to be provided.
4 of 4
Document Filed Date
January 31, 2020
Case Filing Date
November 13, 2019
Category
Other Matters - Consumer Credit (Non-Card) Transaction
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM INDEX NO. 001000-2019 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/31/2020 Mary F. Strickland , County Clerk Livingston County Government Center 6 Court Street, Room 201 fl A ÏÏ Geneseo, New York 14454 182' ~ (585) 243-7010 Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: KEITH H. ROTHMAN KEITH H. ROTHMAN 1787 VETERANS HWY 1787 VETERANS HWY ISLANDIA, NY 11749 ISLANDIA, NY 11749 Document Type: CIVIL ACTION - MISC Document Desc: AFFIRMATION Plaintiff Defendant FORD MOTOR CREDIT COMPANY LLC JOHNSON RICHARD L JOHNSON LISA M Recorded Information: State of New York Index #: 001000-2019 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutesthe Clerk's endoreement required by section 319 of the Real Property Law ofthe State ofNew York AKB Do Not 1 ofDetach 4 Index INDEX # NO.: 001000-2019 001000-2019 FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 01/31/2020 22 6 SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1319149 COUNTY OF LIVINGSTON S 051 ________________________________________ FORD MOTOR CREDIT COMPANY LLC Plaintiff AFFIRMATION THAT THIS IS NOT -against- A CONSUMER CREDIT TRANSACTION, NON-MILITARY AFFIRMATION AND AFFIRMATION OF NON-EXPIRATION RICHARD L JOHNSON OF STATUTE OF LIMITATIONS LISA M JOHNSON Index No. 001000-2019 Defendant(s) ________________________________________ The undersigned, an attorney admitted to practice in the State of New York, associated with the attorneys for plaintiff, affirms the following to be true under penalties of perjury: ********* SPECIAL AFFIDAVIT OF MERIT NOT REQUIRED ********* 1. This lawsuit is not covered by Section 202.27a(a) (1) of the Uniform Civil Rules for the Supreme Court. An affidavit of merit that meets the requirements of that section is therefore not required as part of a default judgment application. NON - MILITARY 2. This affirmation is made pursuant to the Servicemembers Civil Relief Act in support of plaintiff's application to enter judgment against defendant, RICHARD L JOHNSON 3. On 1/28/20 , an electronic request was made by this firm to a website maintained by the Department of Defense Manpower Data Center requesting the defendant's military status. The request included the said defendant's social security number or date of birth. This information was provided to plaintiff's attorney by the plaintiff. 4. The attached status report was printed from the web- military site on the said date and indicates that the said defendant is not currently on active duty. STATUTE OF LIMITATIONS 5. THIS CAUSE OF ACTION ACCRUED IN MICHIGAN THE STATUTE OF LIMITATIONS IN THAT STATE IS 4 YEARS FOR AUTOMOBILE LEASES AND CONTRACTS. AFTER REASONABLE INQUIRY, I HAVE REASON TO BELIEVE THAT THE STATUTE OF LIMITATIONS HAD NOT EXPIRED ON THE DATE WHEN THE INDEX NUMBER WAS PURCHASED. 6. The above statements are true and correct to the best of my personal knowledge. Dated: Islandia, New York January 28, 2020 JESS A COONROD 2 of 4 Index NO. INDEX #: 001000-2019 001000-2019 FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM NYSCEF DOC. NO. 6 RECEIVEDResults NYSCEF: 01/31/2020 as of : Jan-28-2020 05:39:18AM Department of Defense Manpower Data Center SCRA5.3 Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: JOHNSON First Name: RICHARD Middle Name: L Status As Of: Jan-28-2020 Certificate ID: 601861LLN14RQ4Z Thisresponse ivi I a tiveÏIut staus aseNAc ps Date NA . ÑA No NA Thisresponsereflects .ind dualleftactive t il i daysprece th EutyStatusDate ThisresponsereflectswhethertI I ur&bas ec i o to reportfor activeduty Upon searching the data banks of theDepartment of DefenseManpower DatetenteCbased on the information that youprovided,the aboveis the status of theindividual on the active duty status date as to all branches of theUniformed Services(Army,Navy, Marine Corps,Air Force, NOAA, PublicHealth,and Coast Guard). Thisstatusincludesinformationon a Servicememberor his/her unit receiving notification of future ordersto report for Active Duty. MichaelV. Sorrento,Director Department of Defense- Manpower Data Center 400 GiglingRd. Seaside,CA 93955 3 of 4 Index NO. INDEX #: 001000-2019 001000-2019 FILED: LIVINGSTON COUNTY CLERK 01/31/2020 10:48 AM NYSCEF The DOC. Defense NO. Manpower 6 Data Center is an organization of theDepartment of Defense that RECEIVED maintainstheDefense NYSCEF: Enrollment 01/31/2020 and (DMDC) (DoD) Eligibility ReportingSystem (DEERS) database which istheofficial source ofdataon for eligibility medical military care and other systems. eligibility The DoD stronglysupportsthe enforcementof theServicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) known (formerly as Soldiers' Sailors' the and Civil Relief Act of 1940).DMDC has issuedhundredsof thousands of "does not possess anyinformation that indicating the duty" individual is currently on active responses,and has experiencedonly a small errorrate.In the event the individual referencedabove,or any family member, friend,or representative assertsin anymanner that theindividual was on active dutyfor the active duty statusdate,or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtainfurther verification of theperson'sstatus that by contacting person'sService.Servicecontact information can be found on the SCRA website'sFAQ page (Q33) viathisURL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. Ifyou haveevidence theperson was on activedutyfor the active dutystatusdate and you fail to obtain this additional Service punitive verification, provisions of theSCRA may be invoked againstyou. See 50 USC App. ? 521(c). Thisresponse reflects the following information: (1) Theindividual's ActiveDuty status on the Active Duty StatusDate (2) Whetherthe individual left Active Duty statuswithin 367 days precedingtheActiveDuty StatusDate (3)Whether theindividual or his/her unitreceivedearlynotification toreportforactive dutyon the ActiveDutyStatusDate. Status" More information on "Active Duty Activedutystatusas reportedin this certificate is defined in accordancewith10 USC ? 101(d)(1).Prior to 2010 only someof the active dutyperiodsless than 30 consecutive days in length were available.In the case of a member of theNational Guard, thisincludesserviceundera call to active service authorizedby thePresidentor theSecretaryof Defenseunder 32 USC ? 502(f)for purposes of respondingto a national emergency declaredby the Presidentand supportedby Federalfunds. AII Active Guard Reserve (AGR) members must be assignedagainstan authorizedmobilization position in the unit they support.This includesNavy Trainingand Administration of the Reserves (TARs), MarineCorps ActiveReserve (ARs) and Coast Guard Reserve Program Administrator(RPAs). ActiveDuty status alsoappliesto a UniformedServicemember who is an active dutycommissioned officer of the U.S. PublicHealthService or the NationalOceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broaderin somecases and includessome categoriesof personson activedutyfor purposesof the SCRA who would not be reportedas on ActiveDutyunder this certificate. SCRA protections are for Title10 andTitle14 active duty recordsforall the UniformedServices periods. Title 32 periodsof ActiveDuty arenot coveredby SCRA, as definedin accordancewith10 USC ? 101(d)(1). Many times ordersare amended to extendthe periodof active which duty, would extend SCRA protections. Personsseeking to rely on this website cedification shouldcheck to make sure the orders on whichSCRA protections are based have not beenamended to extendthe inclusive dates of service. Furthermore,some protections of theSCRA may extendto personswho have receivedordersto report for active duty or to be inducted, but whohave not begun actually active duty or actually repoded for induction. The LastDate on Active is impodant Duty entry because a number of protections of theSCRA extend beyond thelast dates of active duty. Those who could rely on this certificate are urgedto seekqualified legal counsel to ensurethatall rights guaranteed to Servicemembers under theSCRA are protected WARNING: Thiscertificate was providedbased on a last name, SSN/date of birth, and activedutystatusdate providedby the requester.Providing erroneous information will causean erroneouscertificate to be provided. 4 of 4