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Filing # 100835619 E-Filed 12/26/2019 05:11:56 PM
IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT . I
IN AND FOR MARION COUNTY, FLORIDA !
TBM Southeast Employees’ Credit Union, CASE NO.: 19-CA-2488
* Plaintiff, |
VS.
Errol Sinclair,
Defendant,
/
NON-MILITARY AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
COMES NOW, MARC COHEN, Esquire, for Plaintiff, IBM Southeast Employees’
Credit Union, who, after being duly sworn and cautioned upon his oath, deposes and says that he
has made diligent inquiry and determined that the above named Defendant, Errol Sinclair, is
engaged in civilian activity, and therefore is not in the service of any of the armed forces of the
United States of America, and is not entitled to the relief provided by the Soldiers’ and Sailors’
Civil Relief Act, as amended.
FURTHER AFFIANT SAYETH NAUGHT.
MARC COHEN, £squire for Plaintiff,
IBM Southeast Employees’ Credit Union
STATE OF FLORIDA
COUNTY OF PALM BEACH
: ye
Sworn to (or affirmed) and subscribed before me _ this ab “=~ day
of Qaeaeme LA ; 20 §&% by Mare B. Cohen, Attorney for Plaintiff, [ UT who is
personally known to me [| or who has produced. as identification.
A AA Che 4,
(Notary Seal) NOTARY PUBLIC, STATE OF FLORIDA
My Commission Expires:
Notary Public State of Florida
N , Suzan Frazier
a My Commission GG 287644
% a Expires 01/01/2023
Electronically Filed Marion Case # 19CA002488AX 12/26/2019 05:11:56 PMDepartment of Defense Manpower Data Center Results a8 of; Dee-25-2019 11:82:59 AN
SORA 53
Status Report
Pursuant to Servieemembers Civil Relief Act
SSN: Pe
Birth Date: |
LastName: SINCLAIR
First Name: ERROL
Middle Name:
Status As Of: Dec-23-2019 , '
Certificate ID: | LZPFK1K38G8HNTL |
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component !
NA NA No NA
‘This response reflects the individuals’ active duty status based on the Active Duty Status Dele IL
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA “No NA
This response reflecis where the individual lefl active duty status within 367 days preceding the Active Duty Stalus Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty an Active Duty Status Date
(Order Notification Start Date ‘Order Nolification End Date Status Service Component
NA NA No NA
This response refiects whether the individual or hisiher unit has received early notification to report for active duty
Upon searching the data banks of the Department 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 information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
WhAN. Sorento
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment 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 Servicemembers 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 representative 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 verification of the person's status by contacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.milfaq.xhtml#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 verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. ? 521(c).
This response reflects the following information: (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 Duly Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
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 toa national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization 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 Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duiy commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some 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.
Furthermore, some protections of the SCRA may extendto 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 protections 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 guaranteed 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.
Preview
Filing # 100835619 E-Filed 12/26/2019 05:11:56 PM IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT . I IN AND FOR MARION COUNTY, FLORIDA ! TBM Southeast Employees’ Credit Union, CASE NO.: 19-CA-2488 * Plaintiff, | VS. Errol Sinclair, Defendant, / NON-MILITARY AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH COMES NOW, MARC COHEN, Esquire, for Plaintiff, IBM Southeast Employees’ Credit Union, who, after being duly sworn and cautioned upon his oath, deposes and says that he has made diligent inquiry and determined that the above named Defendant, Errol Sinclair, is engaged in civilian activity, and therefore is not in the service of any of the armed forces of the United States of America, and is not entitled to the relief provided by the Soldiers’ and Sailors’ Civil Relief Act, as amended. FURTHER AFFIANT SAYETH NAUGHT. MARC COHEN, £squire for Plaintiff, IBM Southeast Employees’ Credit Union STATE OF FLORIDA COUNTY OF PALM BEACH : ye Sworn to (or affirmed) and subscribed before me _ this ab “=~ day of Qaeaeme LA ; 20 §&% by Mare B. Cohen, Attorney for Plaintiff, [ UT who is personally known to me [| or who has produced. as identification. A AA Che 4, (Notary Seal) NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: Notary Public State of Florida N , Suzan Frazier a My Commission GG 287644 % a Expires 01/01/2023 Electronically Filed Marion Case # 19CA002488AX 12/26/2019 05:11:56 PMDepartment of Defense Manpower Data Center Results a8 of; Dee-25-2019 11:82:59 AN SORA 53 Status Report Pursuant to Servieemembers Civil Relief Act SSN: Pe Birth Date: | LastName: SINCLAIR First Name: ERROL Middle Name: Status As Of: Dec-23-2019 , ' Certificate ID: | LZPFK1K38G8HNTL | On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component ! NA NA No NA ‘This response reflects the individuals’ active duty status based on the Active Duty Status Dele IL Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA “No NA This response reflecis where the individual lefl active duty status within 367 days preceding the Active Duty Stalus Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty an Active Duty Status Date (Order Notification Start Date ‘Order Nolification End Date Status Service Component NA NA No NA This response refiects whether the individual or hisiher unit has received early notification to report for active duty Upon searching the data banks of the Department 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 information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. WhAN. Sorento Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment 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 Servicemembers 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 representative 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 verification of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.milfaq.xhtml#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 verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following information: (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 Duly Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" 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 toa national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization 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 Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duiy commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some 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. Furthermore, some protections of the SCRA may extendto 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 protections 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 guaranteed 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.