On April 05, 2021 a
Party Statement
was filed
involving a dispute between
Discover Bank,
and
Bendigo, Kelly,
for Civil
in the District Court of Hillsborough County.
Preview
Filing # 141916236 E-Filed 01/13/2022 10:43:11 AM
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
DISCOVER BANK,
Plaintiff, Case No.: 21-CC-032240
vs.
KELLY BENDIGO
Defendant.
____________________________________/
NON-MILITARY AFFIDAVIT
I, the undersigned attorney for the Plaintiff in the above referenced action, state as follows:
1. I am of suitable age and discretion and am competent to make this affidavit.
2. This affidavit is made based on personal knowledge and pursuant to the Service Members’
Civil Relief Act, 50 U.S.C.S. Appx. Secs. 501 et. seq. for the purpose of the entry of
judgment against the Defendant in the above referenced action.
3. The Department of Defense Manpower Data Center was provided with pertinent information
about the Defendant, such as the date of birth and/or social security number.
4. Based upon the response received from the Department of Defense Manpower Data Center, I
am convinced that the Defendant is not in any branch of the United States military. A copy of
the Department of Defense printout is attached.
5. In accordance with Fla. Stat. Section 92.525(2), under penalties of perjury, I declare that I
have read the foregoing Non-Military Affidavit and that the facts stated herein are true.
Date: January 10, 2022
By: __________________________
Patrick J. Kilburn, Esq., FBN: 95626
Ciara Henderson Stafford, Esq., FBN: 1018051
David Herrera, Esq., FBN: 1002249
Joal Swindells, Esq., FBN: 1031489
Haidan (Daniel) Huang, Esq., FBN: 1023249
Allegra Knopf, Esq., FBN: 0307660
LLOYD & McDANIEL, PLC, Attorneys for Plaintiff
P.O. Box 23200 | Louisville, KY 40223-0200
Toll Free: 866.585.1880 | Fax: 502.585.3054
courts@lloydmc.com
DS36551/PFLDJ/sc2
1/13/2022 10:43 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
Jan-11-2022 03:48:50 AM
5.11
BENDIGO
KELLY
Jan-11-2022
G81RXLRM8SFYM9S
NA NA No NA
NA NA No NA
NA NA No NA
1/13/2022 10:43 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
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/scra/#/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, 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.
1/13/2022 10:43 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Document Filed Date
January 13, 2022
Case Filing Date
April 05, 2021
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Filing # 141916236 E-Filed 01/13/2022 10:43:11 AM IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA DISCOVER BANK, Plaintiff, Case No.: 21-CC-032240 vs. KELLY BENDIGO Defendant. ____________________________________/ NON-MILITARY AFFIDAVIT I, the undersigned attorney for the Plaintiff in the above referenced action, state as follows: 1. I am of suitable age and discretion and am competent to make this affidavit. 2. This affidavit is made based on personal knowledge and pursuant to the Service Members’ Civil Relief Act, 50 U.S.C.S. Appx. Secs. 501 et. seq. for the purpose of the entry of judgment against the Defendant in the above referenced action. 3. The Department of Defense Manpower Data Center was provided with pertinent information about the Defendant, such as the date of birth and/or social security number. 4. Based upon the response received from the Department of Defense Manpower Data Center, I am convinced that the Defendant is not in any branch of the United States military. A copy of the Department of Defense printout is attached. 5. In accordance with Fla. Stat. Section 92.525(2), under penalties of perjury, I declare that I have read the foregoing Non-Military Affidavit and that the facts stated herein are true. Date: January 10, 2022 By: __________________________ Patrick J. Kilburn, Esq., FBN: 95626 Ciara Henderson Stafford, Esq., FBN: 1018051 David Herrera, Esq., FBN: 1002249 Joal Swindells, Esq., FBN: 1031489 Haidan (Daniel) Huang, Esq., FBN: 1023249 Allegra Knopf, Esq., FBN: 0307660 LLOYD & McDANIEL, PLC, Attorneys for Plaintiff P.O. Box 23200 | Louisville, KY 40223-0200 Toll Free: 866.585.1880 | Fax: 502.585.3054 courts@lloydmc.com DS36551/PFLDJ/sc2 1/13/2022 10:43 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 Jan-11-2022 03:48:50 AM 5.11 BENDIGO KELLY Jan-11-2022 G81RXLRM8SFYM9S NA NA No NA NA NA No NA NA NA No NA 1/13/2022 10:43 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 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/scra/#/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, 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. 1/13/2022 10:43 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3