On December 17, 2018 a
Party Statement
was filed
involving a dispute between
Lvnv Funding Llc,
and
Colleen A Ryan,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Warren County.
Preview
FILED: WARREN COUNTY CLERK 05/14/2019 08:36 AM INDEX NO. EF2018-66210
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WARREN INDEX NO. EF2018-66210
LVNV Funding LLC
Plaintiff, AFFIRMATION
vs.
Colleen A Ryan
Defendant(s),
The undersigned attorney, pursuant to CPLR 2106 and under the pêñalties of perjury, affirms as
follows:
1. I am an associate of the firm appearing as attorneys of record for the Plaintiffand am
fully familiar with allof the statemcñts submitted herein.I submit thisAffinnation in support of
the Plaintiff'ssubmission of a defaultjudgment in favor of the Plaintiffand againstthe
Defendant(s).
2. This affidavit ismade pursuant to the United States Soldiers and Sailor'sRelief Act of
1940, as ameñdcd, 50 U.S.C.A. App. Secs. 501et. Seq. for the purpose of the entry of a judgment
against Colleen A Ryan , Defenént(s) in the above entitled action.
3. I provided Department of Defense Manpower Data Center with the pertinent information,
about the Defendant(s), such as date of birth and socialsecurity number which I know because
this information was provided to us by the Plaintiffand we further verified this information in a
credit report bearing Defendant's(s') name, date of birth and socialsecurity ñümhcr. I requested a
military investigation be conducted.
4. Based upon the response I received from the Department of Defense Manpower Da
Center dated 04/08/2019, I am convinced that the Defcñdant(s) is/arenot in any bra of the
United States military.
Dated: April 11, 2019
Stephen E te Joseph J. Cassotta
Aksan o -artseva Stephanie R. Vetch
Mo Aziza Rafeena Khairullah
S.E A . NO. 292439.001
S_J_NonMil
1 of 3
FILED: WARREN COUNTY CLERK 05/14/2019 08:36 AM INDEX NO. EF2018-66210
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2019
asof: Apr-08-2019
Results 02:06:35
PM
Departrñêñt of Defense Manpcwêr Data Center
SCRA4.10
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-2056
Birth Date: May-XX-1971
Last Name: RYAN
First Name: COLLEEN A
Middle Name:
Status As Of: Apr-08-2019
Certificate ID: FV993NRJKRFBCY8
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Component
Service
NA NA No NA
Thisresponse theindividuals'
reflects activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
Thisresponse
reflects leftactivedutystatuswithin367dayspreceding
wheretheindividual theActiveDutyStatusDate
TheMember
orHis/Her ofa Future
UnitWasNotliled toAdveD±/ onActiveDutyStatusDate
Call-Up
OrderNotification
StartDate OrderNotification
EndDate Status Service
Component
NA NA No NA
Thisresponse whether
reflects orhis/her
theindividual unithasreceived
earlynotification
toreportforactiveduty
Upon searching the data banks of the D6pâitmént 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 :nfam ,at|so on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
2 of 3
FILED: WARREN COUNTY CLERK 05/14/2019 08:36 AM INDEX NO. EF2018-66210
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2019
The Defense ManpOwer Data Center (DMDC) is an organization of the Department of Defense (DoD) that me!nte!ns the Defense Enrc|lment 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 CGidcemembers Civil Relief Act (50 USC App. ? 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 i-in-o-niai;ve
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 ver f!cetion of the person's status by contacting that person's Service. Service contact
infessibncan be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.millfeg.xhtm!#Q33.
If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service ver!Scet en, punitive pr!s!ss
of the SCRA may be invoked
against you.
See 50 USC App. ? 521(c).
This response reflects the following !±r:t!r:
(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.
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 mób||kâtiGn 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 Adm|n|stmtsi (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 isBroader inSome 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.
Furtherm0re, 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 pictêcticns 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 gsâranteed 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
Document Filed Date
May 14, 2019
Case Filing Date
December 17, 2018
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: WARREN COUNTY CLERK 05/14/2019 08:36 AM INDEX NO. EF2018-66210 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WARREN INDEX NO. EF2018-66210 LVNV Funding LLC Plaintiff, AFFIRMATION vs. Colleen A Ryan Defendant(s), The undersigned attorney, pursuant to CPLR 2106 and under the pêñalties of perjury, affirms as follows: 1. I am an associate of the firm appearing as attorneys of record for the Plaintiffand am fully familiar with allof the statemcñts submitted herein.I submit thisAffinnation in support of the Plaintiff'ssubmission of a defaultjudgment in favor of the Plaintiffand againstthe Defendant(s). 2. This affidavit ismade pursuant to the United States Soldiers and Sailor'sRelief Act of 1940, as ameñdcd, 50 U.S.C.A. App. Secs. 501et. Seq. for the purpose of the entry of a judgment against Colleen A Ryan , Defenént(s) in the above entitled action. 3. I provided Department of Defense Manpower Data Center with the pertinent information, about the Defendant(s), such as date of birth and socialsecurity number which I know because this information was provided to us by the Plaintiffand we further verified this information in a credit report bearing Defendant's(s') name, date of birth and socialsecurity ñümhcr. I requested a military investigation be conducted. 4. Based upon the response I received from the Department of Defense Manpower Da Center dated 04/08/2019, I am convinced that the Defcñdant(s) is/arenot in any bra of the United States military. Dated: April 11, 2019 Stephen E te Joseph J. Cassotta Aksan o -artseva Stephanie R. Vetch Mo Aziza Rafeena Khairullah S.E A . NO. 292439.001 S_J_NonMil 1 of 3 FILED: WARREN COUNTY CLERK 05/14/2019 08:36 AM INDEX NO. EF2018-66210 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2019 asof: Apr-08-2019 Results 02:06:35 PM Departrñêñt of Defense Manpcwêr Data Center SCRA4.10 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-2056 Birth Date: May-XX-1971 Last Name: RYAN First Name: COLLEEN A Middle Name: Status As Of: Apr-08-2019 Certificate ID: FV993NRJKRFBCY8 OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Component Service NA NA No NA Thisresponse theindividuals' reflects activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA Thisresponse reflects leftactivedutystatuswithin367dayspreceding wheretheindividual theActiveDutyStatusDate TheMember orHis/Her ofa Future UnitWasNotliled toAdveD±/ onActiveDutyStatusDate Call-Up OrderNotification StartDate OrderNotification EndDate Status Service Component NA NA No NA Thisresponse whether reflects orhis/her theindividual unithasreceived earlynotification toreportforactiveduty Upon searching the data banks of the D6pâitmént 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 :nfam ,at|so on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 2 of 3 FILED: WARREN COUNTY CLERK 05/14/2019 08:36 AM INDEX NO. EF2018-66210 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/14/2019 The Defense ManpOwer Data Center (DMDC) is an organization of the Department of Defense (DoD) that me!nte!ns the Defense Enrc|lment 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 CGidcemembers Civil Relief Act (50 USC App. ? 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 i-in-o-niai;ve 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 ver f!cetion of the person's status by contacting that person's Service. Service contact infessibncan be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.millfeg.xhtm!#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service ver!Scet en, punitive pr!s!ss of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following !±r:t!r: (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. 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 mób||kâtiGn 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 Adm|n|stmtsi (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 isBroader inSome 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. Furtherm0re, 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 pictêcticns 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 gsâranteed 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