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Filing # 56418402 E-Filed 05/15/2017 11:25:04 AM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
WELLS FARGO BANK, N.A.,, CASE NO.: 2017CA000330
Plaintiff,
VS.
PHILLIP GRINDLEY; et al.,
Defendants.
/
PLAINTIFF’S MOTION FOR CLERK’S DEFAULT
COMES NOW, Plaintiff, WELLS FARGO BANK, N.A., by and through undersigned counsel,
and hereby moves the Clerk of the Court for entry of a default against Defendants:
1. Andrea Grindley
2. United States of America, Department of The Treasury — Internal Revenue Service
3. Unknown Tenant | N/K/A Jane Doe
for failure to respond to Plaintiff's complaint as required by law.
Note to Clerk: In the event that any of the aforementioned have timely filed any paper in the above style
case or should their return of service not be filed, then please strike the name of such defendant from the
above motion.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail or
oo
Regular U.S. Mail to the parties listed on the service list on this day of __/ % > 201)
ALDRIDGE | PITE, LLP
Attorney for Plaintiff
1615 South Congress Avenue, Suite 200
Delray Beach, FL 33445
By:
Avidrew Scoiaro
FBN: FBN 44927
Primary E-Mail: ServiceMail@aldridgepite.com
1113-752789BService List:
By E-Mail:
Brooke D. Austin, Esq.
B. Austin Law, PLLC
Attorney for Defendant, Phillip Grindley
645 Beachcomber Lane, Unit D
Fort Pierce, FL 34949
E-Mail: baustinlegalfl@gmail.com
By U.S. Mail:
Andrea Grindley
662 East 81st Street, Apt |
Brooklyn, NY 11236-3304
United States of America, Department of The Treasury — Internal Revenue Service
c/o United States Attorney
99 Northeast 4th Street
Miami, FL 33132
Unknown Tenant | N/K/A Jane Doe
1503 Boston Avenue
Ft. Pierce, FL 34950
1113-752789B.4¢1113-752789B
AFFIDAVIT OF SERVICE,
IN THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA
PLAINTIFF WELLS FARGO BANK, N.A¥ et se
¥s.
DEFENDANT PHILLIP GRINDLEY, ET AL,
DEFENDANT TO BE SERVED; Andrea Grindley.
CASE NO 201764000330 ‘TYPE OF PROCESS: (x) SUMMONS & COMPLAINT (x) LIS PENDENS
DIVISION () OTHER
I spetfged this process on the S-de-dol) at 6a2 e b
)served ( }npreseryed — the Defendant identified above as descnbed below.
OW DATE/TIME: Yo.i) 301 7@ GlZAv AT ADDRESS WHERE SERVED 662 £ SIST ST APT 1
(OR ATTEMPTED) BROOKLYN, NY 11236 3304
(_) INDIVIDUAL SERVICE: By delivering to the within named defendant true copy of this process with the date and hour of service endorsed by me, and, atthe same time I
Gainers to the within named defendant a copy of the complaint
s
UBSTITUTE SERVICE: By leaving a true copy of this process with the date and bout af service endorsed by me and a, copy of the complaint b; fervine the copies at
fo waa plac of abode, with sono person residing therein who is Hieen years of ge or aero wit (Name) _ CZ a iG, Gtindle x (Relationship)
Ay and informing such person of their contents, pursuant to F.S. 48,031
() CORPORATE, LLC, PARTNERSHIP, ASSOCIATION OR GOVERNMENT SERVICE: By delivering a true copy of the process with the date and hour of service endorsed by
me and a copy of the complaint to:
as. of said entity, pursuont to
Florida Statmtes Chapter 48,
(.) POSTED: Pursuant to F.S.48.18%(1).
(.) NON-SERVICE: For the reason that after diligent efforts, 1 could not serve the within named defendant at the address stated above,
AD Miliary Starus: (Refused ATNo (Yes Branch:
(AT Masital Stowe: () Refised Rot murried () Married ()Married, but separated
PT Modile Home {) Yes/VIN Not Visible Tho () Yes Vin:
comments: DO§CO' Pion F- BK Hae <6!" 165-86
Thereby gertify that 1 am not a party to the gbove action or suit and I am over the age of 18 years and the above affidavit is true and correct,
state or __ Jaw Yor. _
COUNTY OF Suffof/e ,
Mee, 24/7
MISE, E ¢. Id AN Swom to or affirmed and signed before me thige”/ day of
Server Name (Seal
Process Server ID / Title (if applicable) 2033 ? 9
rver Signatore ProVest Case 1D #4824923
Signature of Notary Public
Printed Name of Notary Public
RPPersonally knows
( ) Produced, as identification
KAREN KANE
Notary Public, State of New York
No. 01KA6096127
Qualified in Nassau County
Commission Expires December 04, 2019
Expiration Date:
Commission Number:.1113-752789B
RETURN OF SERVICE
IN THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA
PLAINTIFF WELLS FARGO BANK, N.A.;et seq,
DEFENDANT PHILLIP GRINDLEY, ET AL,
DEFENDANT TO BE SERVED: UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY ~ INTERNAL REVENUE SERVICE
CASE NO 2017CA000330 TYPE OF PROCESS. SUMMONS & COMPLAINT, LIS PENDENS
DIMISION _ OTHER
1 received this process on the 03/03/2017 at 4:13 PM.
1 (x)served ( )non-served — the Defendant identified above as described below.
ON DATE/TIME: 3/6/2017 12:15:00 PM AT ADDRESS WHERE SERVED UNITED STATES ATTORNEY 99 NORT}
(OR ATTEMPTED) STREET
MIAME, FL 3313:
(s) CORPORATE, LLC, PARTNERSHIP, ASSOCIATION OR GOVERNMENT SERVICE: By delivering a true copy of the process with the
date and hour of service endorsed by me and a copy of the complaint to:
ANTHONY ERICKSON-POGORZELSKI, as ASSISTANT US ATTORNEY of said entity, pursuant to Florida Statutes Chapter 48.
COMMENTS
Unereby|certify that I am over the age of 18, | am not a party to this action and have no interest in the process being served, and T am a Certified Process Server or Special
Process ferver in good standing in the judicial cireuit/county in which the process was served, and/or am otherwise duly authorized to have served provess in the jurisdiction whereAFFIDAVIT OF SERVICE
State of Florida County of St. Lucie Circuit Court
Case Number: 562017CA000330
Plaintiff | tl ll ll HALA
PDB2017001941
WELLS FARGO BANK, N.A.,
vs.
Defendant:
PHILLIP GRINDLEY,ET AL.,
For
ALDRIDGE PITE, LLP (FL)
1615 S CONGRESS AVENUE
SUITE 200
DELRAY BEACH, FL 33445
Received by RANDALL BADGER on the 6th day of March, 2017 at 1:00 pm to be served on UNKNOWN TENANT 1, 1503 BOSTON
AVE., FT. PIERCE, FL 34950
|, RANDALL BADGER, being duly sworn, depose and say that on the 14th day of March, 2017 at 4:05 pm, |:
INDIVIDUALLY/PERSONALLY served by delivering a true copy of the SUMMONS, NOTICE OF LIS PENDENS, VERIFIED
COMPLAINT TO FORECLOSE MORTGAGE, VERIFICATION, CERTIFICATION OF NOTE POSSESSION, EXHIBITS, &
DESIGNATION OF E-MAIL ADDRESS PURSUANT TO RULE 2.516 with the date and hour of service endorsed thereon by me, to.
UNKNOWN TENANT 1 N/K/A JANE DOE - REFUSED NAME at the address of. 1503 BOSTON AVE., FT. PIERCE, FL 34950, and
informed said person of the contents therein, in compliance with state statutes.
Military Status: Based upon inquiry of party served, Defendant is NOT in the military service of the United States of America
Marital Status: Based upon inquiry of party served, Defendant is not married
Additional Information pertaining to this Service:
THE FORECLOSURE PROPERTY, LOCATED AT 1503 BOSTON AVE.. FT PIERCE, FL 34950 1S NOT A MOBILE HOME
Description of Person Served: Age: 38+, Sex: F, Race/Skin Color BLACK, Height: 5'5". Weight: 115, Hair BLACK, Glasses N
1 hereby certify that | am over the age of 18, | am not a party to this action and have no interest in the process being served, and | am a
Certified Process Server or Special Process Server in good standing in the judicial circui/county in which the process was served or
an otherwise duly authorized to have served process in the jurisdiction where process was served
STATE OF FLORIDA t.
COUNTY OF ST. LUCIE RANDALL BADGER
Subscribed and Sworn to before me on the 14th day of 07.26
March, 2017 by the affiant wha is personally known to
. 4. BOYD'S PROCESS SERVICE, INC.
LA g 2301 Orange Avenue
Fort Pierce, FL 34950
{772) 460-6679
w
BY do, Brooke LaPlant Our Job Serial Number: POB-2017001941
Xa, NOTARY PUBLIC Ret, 1113-752789B KA
STATE OF FLORIDA
me Commi GG065402
CEN” Expires 2/24/2020 Copan ge 3007
late Suescers ine Procimas Sotwa’s Taullaae V? beIN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE
COUNTY, FLORIDA
WELLS FARGO BANK, N.A,, CASE NO.: 2017CA000330
Plaintiff,
VS.
PHILLIP GRINDLEY; et al.,
Defendant(s).
/
AFFIDAVIT OF UNKNOWN MILITARY SERVICE
BEFORE ME, the undersigned authority, this day personally appeared Matthew Kahl, who, being
first duly sworn, deposes and states:
1. Lam an attorney with ALDRIDGE | PITE, LLP, the Attorney for the Plaintiff in this action, and [ have
personal knowledge of the information stated herein,
2, Plaintiff docs not have access to Defendant(s), UNKNOWN TENANT 1 N/K/A JANE DOR?’s social
security number or date of birth as she is not the borrower(s) on the loan; therefore, a search cannot be
performed through the Department of Defense Manpower Data Center to verify whether the
Defendant(s) is an active servicemember(s) in the military of the United States as defined by the
Servicemembers Civil Relief Act (50. U.S.C. §3911).
3. Based on the aforementioned circumstances, there is insufficient information to determine whether the
Defendant(s) UNKNOWN TENANT 1 N/K/A JANE DOE is in active military service,
/ Vy vet HMA
Aldfidge | Pite LLP
Attorney Name: Matthew Kahl, Esq
Florida Bar No.: 766801
Date: _*//)
STATE OF GEORGIA
COUNTY OF FULTON
SWORN TO AND SUBSCRIBED before me this _ | day of Aput , 2017, by
Matthew Kahl who is personally known and personally appeared before me at the time of notarization,
“Svan:
Notary Public, State of Georgia
1113-752789BIN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE
COUNTY, FLORIDA
WELLS FARGO BANK, N.A,, CASE NO.: 2017CA000330
Plaintiff,
VS.
PHILLIP GRINDLEY; et al.,
Defendant(s).
AFFIDAVIT OF NON-MILITARY SERVICE
BEFORE ME, the undersigned authority, this day personally appeared Matthew Kahl, who, being
first duly sworn, deposes and states:
1, Tam an attorney with ALDRIDGE | PITE, LLP, the Attorney for the Plaintiff in this action, and I have
personal knowledge of the information stated herein.
2. A search was performed through the Department of Defense Manpower Data Center to verify whether
the Defendant(s), PHILLIP GRINDLEY; ANDREA GRINDLEY, are active servicemember(s)
in the military of the United States as defined by the Servicemembers Civil Relief Act (50. U.S.C.
§3911). A copy of the search results is attached hereto as Exhibit “A”,
3. Based on the aforementioned search results, the Defendant(s) PHILLIP GRINDLEY; ANDREA
GRINDLEY are not in active service.
-
PU RAMAA
Aldridge | Pite LLP
Attorney Name: Matthew Kahl, Es
Florida Bar No.: 766801
Date: fifi
STATE OF GEORGIA
COUNTY OF FULTON
SWORN TO AND SUBSCRIBED before me this [1 day of yore! , 2017, by
Matthew Kahl who is personally known and personally appeared before me at the time of notarization,
NA
“te
Notary Public, State of Georgia
Ape Luerdio® Let
ran CO”
1113-752789B eeDepartment of Defense Manpower Data Center
Birth Date:
Last Name: GRINDLEY
First Name: PHILLIP
Middle Name:
Active Duty Status As Of: Apr-11-2017
Status Report
@ Pursuant to Servicemembers Civil Relief Act
Results as of: Apr-11-2017 12:58:10 AM,
SORAIO
On Activo Duty On Activa Duly Status Data
Active Duty Start Dato
‘Active Duty End Dato
Status
Sorvlce Component
NA NA No NA
“This rosponse rofects the individuals! active duly sialus basad on tha Active Duty Slalus Qate
Lolt Active Culy Within 367 Days of Active Duty Status Dato
Active Duly Start Date Active Duly End Dato Status Sorvice Component
NA NA No. NA
‘This response reflects hare the indlviduat tal active duty
ialus wilhin 367 days preceding the Active Duty Status Dale
‘Tho Member or HisiHer Unit Was Notified of a Fulure Call-Up to Active Duty on Active Duty Status Dale
Order Notification Start Dato
Order Notification End Dato
Status
NA.
NA.
No.
Service Component
NAL
This response reflects whether the individual or his/her nll has recalved early notification to report for active duty
pons P
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is tho 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 unil receiving notification of future orders to report for Active Duty.
JUhdN Sema
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350‘The 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 Rellef Act (50 USC App. § 3901 el seq, as amended) (SCRA) (formerly known as
the Soldiers‘ and Sailors’ Civil Relief Act of 1940), OMDC 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 tha event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the Individual was on active duly for the active duly 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: hitps://scra.dmdc.osd.mil/faq.xhimi#Q33. If you have evidence the person
was on active duty for the active duly status date and you fail to obtain this additional Service verification, punilive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response refiects the following Information: (1) The individual's Active Duly status on the Aclive Duty Status Date (2) Whether the individual left Active
Duly 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
duly on the Active Duly Status Date,
More information on "Active Duty Status"
Active duly status as reported in this certificate is defined in accordance with 10 USC. § 101(d) (1). Prior to 2010 only some of the active duly 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 cail to aclive 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 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 duty commissioned officer of the U.S,
Public Health Service or the Nalional Oceanic and Atmospherlc 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 duly records for all the Uniformed Services periods.
Title 32 periods of Active Duly 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 lo rely on this website
certification should check to make sure the orders on which SCRA protections are based have nol been amended to extend the inclusive dates of service
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or fo 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 righls guaranteed to Service members under the SCRA
are protected
WARNING: This cerificate was provided based on a last name, SSN/date of birth, and active duly stalus date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: H1YDQ77AL5EAEAODepartment of Defense Manpower Data Center
tatus Report
ursuant to Servicemembers Civil Relief Act
SN
Birth Date:
Last Name: GRINDLEY
First Name: ANDREA
Middle Name:
Active Duty Status As Of: Apr-11-2017
Rosuits ns of: Apr-$1-2047 12:52:25 AM
SCRA 3.0
On Active Duty On Active Duty Status Dato
Active Duty Start Date Active Duty End Dato Status
‘Service Component
NA. NA No
NA
This response rofocts the individuals’ active duly status based on the Active Duly Status Date
Lott Active Duly Within 967 Days of Active Duty Stalus Date
Aclivo Duly Start Dale ‘Active Ouly End Dale Stolus Sorvice Componant
NA NA No NA
“This response reflects where the Individual ial activa duly stalus within 367 days proceding the Active Duly Stat
‘Tho Member or HisiHer Unit Was Notitod of a Futura Call-Up to Aclive Duty on Active Duly Status Dato.
‘Ordor Notification Star Date Order Notification End Dato Status Service Component
NA NA No NA
This response reflects whether the Individual or his/her unl has racelved early notlfcatlon fo report for active duty
Upon searching the dala 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 unil receiving nolification of future orders to report for Active Duty.
kd N Foresite
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04£25
Arlington, VA 22350The Defense Manpower Dala Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enroliment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibllity for military medical care and other eligibilily systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Rellaf Act (60 USC App. § 3801 et seq, as amended) (SCRA) (formerly known as
the Soldiers! and Sallors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does nol possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rato. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual was on active duly for the active duty status dale, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to oblain 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 (2133) via this URL: hltps:/scra.dmde.osd,milffaq.xhiml#Q33, If you have evidence the person
was on active duly 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. § 3921(c).
This response reflects the following information: (1) The individual's Active Duly status on the Active Duty Status Date (2) Whether the Individual left Active
Duly status within 367 days preceding the Active Duty Stalus Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duly Status Date.
More information on "Active Duty Status”
Active duly 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 fesponding 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 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 duty commissioned officer of the U.S,
Public Health Service or the National Oceanic and Almospheric 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
feported 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.
Tille 32 periods of Active Duty are not covered by SCRA, as defined in accordance wilh 10 USC § 104(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 boon amended to extend the inclusive dates of service.
Furthermore, 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 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, SSNidate of birth, snd active duly status date provided by the requester. Providing
erroneous Information will cause an erroneous certificate to be provided,
Certificate ID: 011BT73A75EAM20