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Filing # 33757536 E-Filed 10/28/2015 08:50:14 AM
IN THE CIRCUIT COURT OF THE TWENTIETH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
COLLIER COUNTY
GENERAL JURISDICTION DIVISION
CASE NO, 11-2014-CA-002799
U.S, BANK NATIONAL ASSOCIATION,
Plaintiff,
VS,
ERNST LEONARD, et al.,
Defendants.
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MOTION FOR COURT DEFAULT
Plaintiff by and through its undersigned counsel hereby files this Motion for Court Default and in support
thereof states:
1, A complaint to foreclose mortgage was filed on December 24, 2014.
2. The following parties were served in this matter: LYNDA LEONARD and ERNST LEONARD. |
3. Defendants LYNDA LEONARD and ERNST LEONARD failed to file or serve a pleading or other |
paper within the time required by law.
Wherefore, Plaintiff respectfully requests this Court enter an Order of Default as to LYNDA LEONARD |
and ERNST LEONARD, and grant such other relief as the Court deems just and proper.
Mailed this day 9 tober, 2015, to all parties on the attached service list.
CERTIFICATE OF SERVICE
I Ot CE! ie 'Y that a true and correct copy of the foregoing was: [check all used] “E-mailed ( ~ |
Lisa Woodburn, Esq.
McCalla Raymer, LL
Attorney for Plaintiff,
225 E. Robinson St. $
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mccallaraymer.com
Fla. Bar No.: 11003 |
4538148 14-08437-1 :
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 10/28/2015 11:51:54 AMIN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT OF
FLORIDA IN AND FOR COLLIER COUNTY
GENERAL JURISDICTION DIVISION
CASE NO, 11-2014-CA-002799
U.S, BANK NATIONAL ASSOCIATION,
Plaintiff,
vs.
ERNST LEONARD, et al.,
Defendants.
STATE OF FLORIDA
COUNTY OF BROWARD
NON-MILITARY SERVICE AFFIDAVIT
BEFORE ME the undersigned authority, duly authorized to administer oaths and take
acknowledgments, personally appeared Lisa Woodburn (Affiant) who, upon being first duly sworn,
deposes and says:
1. That A ffiant is the attorney on behalf of the Plaintiff in this action.
e Armed Forces of the United
States of America or any of its branches based on gersonhl knowledge as obtained from
2. That the Defendant Ernst Leonard is not a members
the Manpower Data Base, which the undersigned Has reviewed. A copy of which is
attached hereto.
Lisa Woodburn, Esq., Affiant Lee. OF 6 t
Florida Bar No.: 11003
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED before me this 2 day of Loan. 2015, by Lisa
Woodburn who is personally known to me and who did take an oath.
= . so
NOTARY PUBLIC, STATE OF FLORIDA
Commission # EE 192850
Bonded Through National Notary Assn.
4524832 14-08437-1
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{Results as of : Oct-27-2016 08:25:23 AM
Department of Defense Manpower Data Center
SCRA 3.0
j Status Report
Pursuant to Servicemembers Civil Relief Act
Last Name: LEONARD
First Name: ERNST
Middle Name:
Active Duty Status As Of: Oct-27-2015
a Te
tive Duly Start Date»
NA
de Sevvice Gamponient
No. NA
cive diy slats based on the Rat
Pe
thin 367 Days of Adtive Duty Stat
eivce Component
NA
‘This response reflects Hake
i
in 907. cas
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ae A :
receditig
: ‘The Member of HlsHer U Future Call-Up to Astive Duty on i
aN LofgerNoticalon End Date u | Sate Servos Component
SNA z NA
This response rfc wheter be neigual oF amar un nen
: Te
Upon searching the data banks of the Department of Defense Manpo i 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 Uniformiad Se iy, 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.
Mary M, Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350The Defense Manpower Data 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 eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. y 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 via this URL:
https://kb.defense.gov/app/answers/detail/a_id/344/~/locating-service-members-or-getting-a-mailing-address. 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 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 fo 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.
Certificate ID: 20KDC37B6287JA0
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|IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT OF
FLORIDA IN AND FOR COLLIER
COUNTY
GENERAL JURISDICTION DIVISION
CASE NO, 11-2014-CA-002799
U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
vs,
ERNST LEONARD, et al.,
Defendants.
STATE OF FLORIDA
COUNTY OF BROWARD
AFFIDAVIT OF INABILITY TO DETERMINE MILITARY STATUS
BEFORE ME the undersigned authority, duly authorized to administer oaths and take
acknowledgments, personally appeared Lisa Woodburn (Affiant) who, upon being first duly sworn,
deposes and says:
1. That Affiant is the attorney on behalf of the Plaintiff in this action.
2. On December 30, 2014, Defendant LYNDA LEONARD was served via PERSONAL
service.
3. Neither the Plaintiff nor the Process Server were able te’obtain the Defendant(s) Social
Security Number in order to conduct a Department Of Defens¢ Manpower Database
search.
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED before me this 7? day of LorB a , 2015, by Lisa
Woodburn who is ‘td,me and who did take an oath.
NIA SIERRA
. ol ~
«ices dun 12, 208 ee oN,
E
Commission NOTARY PUBLIC, STATE OF FLORIDA
Bonded Through National Notary PO.
4513880 14-08437-1##:14-08437
RETURN OF SERVICE
IN THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA.
PLAINTIFF U.S. BANK NATIONAL ASSOCIATION: et seq,
ys.
DEFENDANT ERNST LEONARD, ET AL,
DEFENDANT TO BE SERVED: Ernst Leonard
CASE NO 11-2014-CA-002799 TYPE OF PROCESS: (x) SUMMONS & COMPLAINT (x) LIS PENDENS
DIVISION. ( )OTHER
T received this process on the 12/30/2014 at 2:54 PM
I (x)served ( )non-served — the Defendant identified above as described below.
ON DATE/TIME: 12/30/2014 3:00:00 PM. AT ADDRESS WHERE 4113 20TH PLACE SW.
SERVED NAPLES. FL 34116
(OR ATTEMPTED)
(x) SUBSTITUTE SERVICE: By leaving a true copy of this process with the date and hour of service endorsed by me and a copy of the complaint by leaving the copies at
(his/her) usual place of abode, with some person residing therein who is fifteen years of age or older to wit: (Name)
LYNDA LEONARD (Relationship)
SPOUSE , and informing such person of their contents, pursuant to F.S. 48,031.
(x) Military Status: ( ) Refused (x) No (+) Yes Branch:
(x) Marital Status: ( ) Refused () Not married (%) Married ( ) Married, but separated
(x) Mobile Home —(_) Yes/VIN Not Visible (x) No () Yes Vin:
COMMENTS;
I hereby certify that Lam over the age of 18, 1 am not a party to this action and have no interest in the process being served, and I am a Certified Process Server or Speci
Process Server in good standing in the judicial circuit/county in which the process was served, and/or am otherwise duly authorized to have served process in the jurisdiction
where process was served,
“Under ti
Server Signature / Pro Vest Case id # 4181380
Ron Rizzo
Process Server ID / Title (if applicable)/ Certified Process Server 157201
CEA Wednesday, December 31, 2014 9:11:08 AM##:14-08437
RETURN OF SERVICE
IN THE CIRCUIT COURT OF COLLIER COUNTY, FLORIDA
PLAINTIFF U.S. BANK NATIONAL ASSOCIATION; et seq.
vs.
DEFENDANT ERNST LEONARD, ET AL,
DEFENDANT TO BE SERVED: Lynda Leonard
CASE NO 11-2014-CA-002799 TYPE OF PROCESS: (x) SUMMONS & COMPLAINT (x) LIS PENDENS
DIVISION | () OTHER,
Treceived this process on the 12/30/2014 at 2:54 PM
I (x)served ( )non-served the Defendant identified above as described below.
ON DATE/TIME: 12/30/2014 3:00:00 PM AT ADDRESS WHERE 4113 20TH PLACE SW.
SERVED NAPLES, FL 34116
(OR ATTEMPTED)
(x) INDIVIDUAL SERVICE: By delivering to the within named defendant a true copy of this process with the date and hour of service endorsed by me, and, at the same
time I delivered to the within named defendant a copy of the complaint.
(x) Military Status: ( ) Refused (x) No (+) Yes Branch:
(x) Marital Status: ( ) Refused (.) Not married (x) Married () Married, but separated
(x) Mobile Home —_(_) Yes/VIN Not Visible (x) No () Yes Vin:
COMMENTS:
Thereby 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 I am a Certified Process Server or Special
Process Server in good standing in the judicial cireuit/county in which the process was served, and/or am otherwise duly authorized to have served process in the jurisdiction
where process was sepved,
Process Server ID / Title (if applicable): Ce Process Server 157201
CEA Wednesday, December 31, 2014 9:11:08 AMSERVICE LIST
Ernst Leonard
4113 20" Place SW
Naples, FL 34116
Lynda Leonard
4113 20" Place SW
Naples, FL 34116
Matthew Sirmans, Esq. (Counsel of Florida Housing Finance Corporation)
227 North Bronough Street, Suite 5000
Tallahassee, FL 32301
efiling@floridahousing.org
Kevin L. Noell, Esq. (Counsel of Collier County, a Political Subdivision of the State of Florida)
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
kevinnoell@colliergov.net
thomasbaratta@colliergov.net
Current Resident(s)
4113 20" Place SW
Naples, FL 34116
4538148 14-08437-1