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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
AFFIDAVIT OF/FOR...
June 17, 2021 09:54
By• JILLIAN HENZLER 0089048
Confirmation Nbr. 2279743
FALLS POINTE COMMUNITY ASSOCIATION CV 21 944028
VS.
Judge: STEVEN E. GALL
CYNTHIA SAINTE MARIE AKA CYNTHIA MAYHER,
ET AL
Pages Filed: 6
Electronically Filed 06/17/2021 09:54 / AFFIDAVIT / CV 21 944028 / Confirmation Nbr. 2279743 / CLSLP
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
FALLS POINTE COMMUNITY CASE NO. CV-21-944028
ASSOCIATION
JUDGE STEVEN E. GALL
Plaintiff
MAGISTRATE DAY
CYNTHIA SAINTE MARIE AKA MILITARY AFFIDAVIT
CYNTHIA MAYHER, et al.
Defendants.
STATE OF OHIO
) SS
COUNTY OF CUYAHOGA )
Now comes Jillian M. Henzler, affiant herein, and being first duly sworn
according to law, states as follows:
That she is an attorney with the firm of Kaman & Cusimano, LLC, attorneys
for Plaintiff, Falls Pointe Community Association, in the within action.
With respect to the Defendants, Cynthia Sainte Marie and John Mayher,
Affiant has caused a search to be performed of the records of the Department of
Defense Manpower Data Center and has determined that said Defendants are not in
the active military service of the United States, as shown in the attached Exhibits
"A-1" and "A-2."
Electronically Filed 06/17/2021 09:54 / AFFIDAVIT / CV 21 944028 / Confirmation Nbr. 2279743 / CLSLP
With respect to any other named Defendants, Affiant is unable to determine
whether said Defendants are in the active military service of the United States.
Further Affiant sayeth naught.
JILT TAN M. HENZLE (0089048)
SWORN TO BEFORE ME and subscribed in my presence this '5 - day of
June, 2021.
Notary
SAMANTHA L. MILORO
...,(1
.f.;fi,_, =Notary Public, State of Ohio
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2_,..., z Tvly Commission Expires
--..., August 12, 2025
Electronically Filed 06/17/2021 09:54 / AFFIDAVIT / CV 21 944028 / Confirmation Nbr. 2279743 / CLSLP
Department of Defense Manpower Data Center Jun.11-702I 12an13PM
Results as of
Sk-PA. 5 8
Status Report
Puisuant to Servicemembers Civil Relief Act
SSN:
Birth Date:
Last Name: SAINTE MARIE
First Name: CYNTHIA
Middle Name:
Status As Of: Jun-11-2021
Certificate ID: PX7SOSZ5KWQJ8KC
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 indviduals' active duly status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Stad Date Active Duty End Date Status Service Component
NA NA No NA
This re cense reflects where the individual !eft active duty status wthin 367 days preceding the Active Duty Status Dale
The Member or His/Her Unit Was Notihed of a Future Call-Up to Active Duty cri Actve Duty Status Date
Order Notification Start Data Order Notification End Dal Status Service Component
NA NA No NA
This response reflects whether the individual or his/her u il has received early notification to reporl fur active 'hay
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.
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Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
Electronically Filed 06/17/2021 09:54 /AFFIDAVIT / CV 21 944028 / Confirmation Nbr. 2279743 / CLSLP
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 Relief Act (50 USC App. § 3901 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 FAO page (035) via this URL: https://scra.dmdc.osd.miliscrat#/faqs. 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. § 3921(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 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.
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 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 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 extend to persons who have received orders to report for active duty or to be inducted. hut 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. and active duty status date provided by the requester.
Providing
erroneous information will cause an erroneous certificate to be provided.
Electronically Filed 06/17/2021 09:54 / AFFIDAVIT / CV 21 944028 / Confirmation Nbr. 2279743 / CLSLP
Jun-11.2021 12 51 47 PM
Department of Defense Manpower Data Center Results as of
SOPA 5 6
Status Report
Puisuatit to Servicemembers Civil Relief Act
SSN:
Birth Date:
Last Name: MAYHER
First Name: JOHN
Middle Name:
Status As Of: Jun-11-2021
Certificate ID: 47Z4YT498CHG7L1
On Active Duty On Active Duty Status Data
Active Duty Start Dale Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals" active du y status cased on the Active Duty Status Date
Lott Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duly End Date Status Service Component
NA NA Nu NA
This re ponse reflects where the individual loll active duty status within 367 days preceding We Active Duty Status Dale
The Member or Hisil-lor Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale
Order Notification Start Date Order Notification End Dam Status SereiCe Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for actwe 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.
Michael V. Sorrento. Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
Electronically Filed 06/17/2021 09:54 / AFFIDAVIT / CV 21 944028 / Confirmation Nbr. 2279743 / CLSLP
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 Relief Act (50 USC App. § 3901 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 (Q35) via this URL: https://scra.dmdc.osd.mil/scratigfaqs. 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. § 3921(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 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.
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 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 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 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, SSN/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Electronically Filed 06/17/2021 09:54 / AFFIDAVIT / CV 21 944028 / Confirmation Nbr. 2279743 / CLSLP