On December 28, 2015 a
Proof of Service
was filed
involving a dispute between
National Collegiate Student Loan Trust 2007-3,
and
David Chery,
Marie S Fabien,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Rockland County.
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FILED: ROCKLAND COUNTY CLERK 07/13/2016 08:06 AM INDEX NO. 035394/2015
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2016
*000004399185*
000004399185
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1106093
COUNTY OF ROCKLAND S 087
----------------------------------------
NATIONAL COLLEGIATE STUDENT LOAN
TRUST 2007-3
Plaintiff AFFIRMATION THAT THIS IS NOT
-against- A CONSUMER CREDIT TRANSACTION,
NON-MILITARY AFFIRMATION AND
AFFIRMATION OF NON-EXPIRATION
DAVID CHERY OF STATUTE OF LIMITATIONS
MARIE S FABIEN
Index No. 035394/2015
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 Servicemember's
Civil Relief Act in support of plaintiff's application to enter
judgment against defendant, DAVID CHERY
3. On 7/12/16 , 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 and date of birth, if available.
This information was provided to plaintiff's attorney by the plaintiff.
4. The attached military status report was printed from the web-
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 DELAWARE
THE STATUTE OF LIMITATIONS IN THAT STATE IS 06 YEARS. 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
July 12, 2016
_________________________
KEITH H. ROTHMAN
1 of 3
2 of 3
3 of 3
Document Filed Date
July 13, 2016
Case Filing Date
December 28, 2015
Category
Other Matters - Consumer Credit (Non-Card) Transaction
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FILED: ROCKLAND COUNTY CLERK 07/13/2016 08:06 AM INDEX NO. 035394/2015 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 07/13/2016 *000004399185* 000004399185 SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1106093 COUNTY OF ROCKLAND S 087 ---------------------------------------- NATIONAL COLLEGIATE STUDENT LOAN TRUST 2007-3 Plaintiff AFFIRMATION THAT THIS IS NOT -against- A CONSUMER CREDIT TRANSACTION, NON-MILITARY AFFIRMATION AND AFFIRMATION OF NON-EXPIRATION DAVID CHERY OF STATUTE OF LIMITATIONS MARIE S FABIEN Index No. 035394/2015 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 Servicemember's Civil Relief Act in support of plaintiff's application to enter judgment against defendant, DAVID CHERY 3. On 7/12/16 , 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 and date of birth, if available. This information was provided to plaintiff's attorney by the plaintiff. 4. The attached military status report was printed from the web- 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 DELAWARE THE STATUTE OF LIMITATIONS IN THAT STATE IS 06 YEARS. 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 July 12, 2016 _________________________ KEITH H. ROTHMAN 1 of 3 2 of 3 3 of 3