On August 25, 2021 a
Party Statement
was filed
involving a dispute between
Td Auto Finance Llc,
and
Pernell A Ritchie,
for Other Matters - Consumer Credit (Non-Card) Transaction
in the District Court of Dutchess County.
Preview
FILED: DUTCHESS COUNTY CLERK 02/09/2022 02:58 PM INDEX NO. 2021-53659
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/09/2022
*000006203542*
000006203542
SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1362204
COUNTY OF DUTCHESS S 027
----------------------------------------
TD AUTO FINANCE LLC
Plaintiff AFFIRMATION THAT THIS IS NOT
-against- A CONSUMER CREDIT TRANSACTION,
NON-MILITARY AFFIRMATION AND
AFFIRMATION OF NON-EXPIRATION
PERNELL A RITCHIE OF STATUTE OF LIMITATIONS
Index No. 2021-53659
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, PERNELL A RITCHIE
3. On 2/07/22 , 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 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 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: February 7, 2022
Islandia, New York
_________________________
AARON DEACON
1 of 3
FILED: DUTCHESS COUNTY CLERK 02/09/2022 02:58 PM INDEX NO. 2021-53659
NYSCEF DOC. NO. 7 RECEIVEDResults
NYSCEF: 02/09/2022
as of : Feb-07-2022
06:02:48AM
Department of Defense Manpower Data Center
SCRA5.12
Status Repon
Pttrsuant to Servicememben Civil Relief Act
.....
SSN:
Birth Date:
Last Name: RITCHIE
First Name: PERNELL
Middle Name: A
Status As Of: Feb-07-2022
Certificate ID: PW3MDCJDD8WXNC9
OnActiveDutyon ActiveDutystatusDate
ActiveOptyStartDate Activeputy EndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectsthe mdividuals'
activedutystatusbasedonthe ActiveOptyStatusDate
LeftActiveDutyWithin367Daysof ActiveDutyStatusDate
ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent
NA NA No NA
Thisresponsereflectswherethe individualleftactivedutystatuswithm367daysprecedingtheActiveDutyStatusDate
TheMornberor His/HerUnitWasNottfiedof a FutureCall-Upto Activeputyon ActiveputyStatuspate
OrderNottfication
start Date OrderNotstcation
EndDate $tatus $erviceComponent
NA NA No NA
Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty
Upon searching the data banks of the Depâdmsat of Defense MaGpovva Data Center, based on the ;Gfsoht;vo that you ; :.'d:d, the above is the status of
the ;::d on the active duty status date as to all branches of the ¹_¹n!'~™-4 Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes | tisi on a Servicamember or his/her unit recê|v|ng notification of future orders to repod for Active Duty.
Michael V. Sorrento, Director
Depadment of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
2 of 3
FILED: DUTCHESS COUNTY CLERK 02/09/2022 02:58 PM INDEX NO. 2021-53659
NYSCEF DOC. NO. 7
The Defense Manpower Data
RECEIVED NYSCEF: 02/09/2022
Center (DMDC) is an ciganizatice of the Department of Defense (DoD) that iiia|iiia;m the Defense Enrollment and E||gibi||ty
Repoding System (DEERS) driebase which is the official source of data on eligibility for military medical care and other eligibility systems
The DoD strongly suppods the enforcement of the Service--%rs Civil Relief Act (50 USC App. § 3901 et seq, as an +ñJ.-J) (SCRA) (formerly known as
Soldiers' Sailors'
the and Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any -ai;un indicating that the
duty"
..J is currently on active responses, and has p ed only a small error rate. In the event the |iid|v|dwa| referenced above, or any family
member, friend, or representative asseds in any manner that the dea| was on active duty for the active duty status date, or is otherwise entitled to the
prc±=ct!cns of the SCRA, you are strongly en. eüraged to obtain fudher v-i;i;cat|sn of the person's status by contacting that person's Service. Service contact
!ñferms.den can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evideilue the person
"" -'
was on active duty for the active duty status date and you fail to obtain this Service =i;w::, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following liifsiiiiat|sii: (1) The ind!v!dua!'s Active Duty status on the Active Duty Status Date (2) Whether the ;::d e; left Active
status within 367 days the Active Status Date Whether the individua| or his/her unit r::s|ved n - n to repod for active
Duty preced|ng Duty (3) early
duty on the Active Duty Status Date.
Status"
More information on "Active
Duty
Active duty status as repoded in this cedificate is defined in = =:: e with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecUt!ve 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 purpsses of responding to a national emergency declared by the
President and suppoited by Federal funds. All Active Guard Reserve (AGR) members must be ass!gned against an sutharized mob|||zation position in the
unit they suppod. This includes Navy Training and Adm!n!stration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Adm!n!ëm!= (RPAs). Active Duty status also applies to a Un|forined Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Comm!ss|cned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some oai-gsiles of persons on active duty for purpos=s of the SCRA who would not be
repoded as on Active Duty under this o-,i;i;oai-. SCRA protecticils are for Title 10 and Title 14 active duty records for all the ¹_¹n!'c"==d 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 aiTieiided to extend the period of active duty, which would extend SCRA p. Persons seeking to rely on this website
cei1|f|cation should check to make sure the orders on which SCRA pr es are based have not been seen '·-- to extend the inc!us!ve dates of service.
some protections of the SCRA may extend to persons who have rece!ved orders to repod for active duty or to be inducted, but who have not
Füit|isiiiisis,
actually begun active duty or actually repoded for indedion The Last Date on Active Duty entry is li poitaiit because a number of pratsct|Gns of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this ceitificate are urged to seek qualified legal counsel to ensure that all rights gusrsntsed to Service members under the SCRA
are protected
WARNING: This weii;i;oaie was provided based on a last name, SSN/date of bidh, and active duty status date p: !ded by the isqüêster. Providing
erroneous !nformation will cause an erroneous cedificate to be provided.
3 of 3
Document Filed Date
February 09, 2022
Case Filing Date
August 25, 2021
Category
Other Matters - Consumer Credit (Non-Card) Transaction
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: DUTCHESS COUNTY CLERK 02/09/2022 02:58 PM INDEX NO. 2021-53659 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/09/2022 *000006203542* 000006203542 SUPREME COURT OF THE STATE OF NEW YORK R & R File No. 1362204 COUNTY OF DUTCHESS S 027 ---------------------------------------- TD AUTO FINANCE LLC Plaintiff AFFIRMATION THAT THIS IS NOT -against- A CONSUMER CREDIT TRANSACTION, NON-MILITARY AFFIRMATION AND AFFIRMATION OF NON-EXPIRATION PERNELL A RITCHIE OF STATUTE OF LIMITATIONS Index No. 2021-53659 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, PERNELL A RITCHIE 3. On 2/07/22 , 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 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 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: February 7, 2022 Islandia, New York _________________________ AARON DEACON 1 of 3 FILED: DUTCHESS COUNTY CLERK 02/09/2022 02:58 PM INDEX NO. 2021-53659 NYSCEF DOC. NO. 7 RECEIVEDResults NYSCEF: 02/09/2022 as of : Feb-07-2022 06:02:48AM Department of Defense Manpower Data Center SCRA5.12 Status Repon Pttrsuant to Servicememben Civil Relief Act ..... SSN: Birth Date: Last Name: RITCHIE First Name: PERNELL Middle Name: A Status As Of: Feb-07-2022 Certificate ID: PW3MDCJDD8WXNC9 OnActiveDutyon ActiveDutystatusDate ActiveOptyStartDate Activeputy EndDate Status ServiceComponent NA NA No NA Thisresponsereflectsthe mdividuals' activedutystatusbasedonthe ActiveOptyStatusDate LeftActiveDutyWithin367Daysof ActiveDutyStatusDate ActiveDuty8tartDate ActiveDutyEndDate Status ServiceComponent NA NA No NA Thisresponsereflectswherethe individualleftactivedutystatuswithm367daysprecedingtheActiveDutyStatusDate TheMornberor His/HerUnitWasNottfiedof a FutureCall-Upto Activeputyon ActiveputyStatuspate OrderNottfication start Date OrderNotstcation EndDate $tatus $erviceComponent NA NA No NA Thisresponsereflectswhethertheindividualor his/herunithasreceivedearlynotificationto reportfor activeduty Upon searching the data banks of the Depâdmsat of Defense MaGpovva Data Center, based on the ;Gfsoht;vo that you ; :.'d:d, the above is the status of the ;::d on the active duty status date as to all branches of the ¹_¹n!'~™-4 Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes | tisi on a Servicamember or his/her unit recê|v|ng notification of future orders to repod for Active Duty. Michael V. Sorrento, Director Depadment of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 2 of 3 FILED: DUTCHESS COUNTY CLERK 02/09/2022 02:58 PM INDEX NO. 2021-53659 NYSCEF DOC. NO. 7 The Defense Manpower Data RECEIVED NYSCEF: 02/09/2022 Center (DMDC) is an ciganizatice of the Department of Defense (DoD) that iiia|iiia;m the Defense Enrollment and E||gibi||ty Repoding System (DEERS) driebase which is the official source of data on eligibility for military medical care and other eligibility systems The DoD strongly suppods the enforcement of the Service--%rs Civil Relief Act (50 USC App. § 3901 et seq, as an +ñJ.-J) (SCRA) (formerly known as Soldiers' Sailors' the and Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any -ai;un indicating that the duty" ..J is currently on active responses, and has p ed only a small error rate. In the event the |iid|v|dwa| referenced above, or any family member, friend, or representative asseds in any manner that the dea| was on active duty for the active duty status date, or is otherwise entitled to the prc±=ct!cns of the SCRA, you are strongly en. eüraged to obtain fudher v-i;i;cat|sn of the person's status by contacting that person's Service. Service contact !ñferms.den can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evideilue the person "" -' was on active duty for the active duty status date and you fail to obtain this Service =i;w::, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following liifsiiiiat|sii: (1) The ind!v!dua!'s Active Duty status on the Active Duty Status Date (2) Whether the ;::d e; left Active status within 367 days the Active Status Date Whether the individua| or his/her unit r::s|ved n - n to repod for active Duty preced|ng Duty (3) early duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as repoded in this cedificate is defined in = =:: e with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecUt!ve 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 purpsses of responding to a national emergency declared by the President and suppoited by Federal funds. All Active Guard Reserve (AGR) members must be ass!gned against an sutharized mob|||zation position in the unit they suppod. This includes Navy Training and Adm!n!stration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Adm!n!ëm!= (RPAs). Active Duty status also applies to a Un|forined Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Comm!ss|cned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some oai-gsiles of persons on active duty for purpos=s of the SCRA who would not be repoded as on Active Duty under this o-,i;i;oai-. SCRA protecticils are for Title 10 and Title 14 active duty records for all the ¹_¹n!'c"==d 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 aiTieiided to extend the period of active duty, which would extend SCRA p. Persons seeking to rely on this website cei1|f|cation should check to make sure the orders on which SCRA pr es are based have not been seen '·-- to extend the inc!us!ve dates of service. some protections of the SCRA may extend to persons who have rece!ved orders to repod for active duty or to be inducted, but who have not Füit|isiiiisis, actually begun active duty or actually repoded for indedion The Last Date on Active Duty entry is li poitaiit because a number of pratsct|Gns of the SCRA extend beyond the last dates of active duty. Those who could rely on this ceitificate are urged to seek qualified legal counsel to ensure that all rights gusrsntsed to Service members under the SCRA are protected WARNING: This weii;i;oaie was provided based on a last name, SSN/date of bidh, and active duty status date p: !ded by the isqüêster. Providing erroneous !nformation will cause an erroneous cedificate to be provided. 3 of 3