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Filing # 136933799 E-Filed 10/20/2021 02:02:14 PM
IN THE CIRCUIT COURT OF THE 12" JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
ARCPE 1, LLC
Plaintiff
vS.
Case No. 2021CA003637AX
JULIE SMITH, et al
Defendants
NON MILITARY AFFIDAVIT
STATE OF FLORIDA)
j
COUNTY OF SARASOTA
BEFORE ME. the undersigned authority, personally appeared WILLLAM NUSSBAUM IIL, attorney of
Recorded for Plaintiff, who, after being duly sworn, deposes and says:
1, Affiant is the attorney of record for Plaintiff, ARCPE 1, LLC, in the above styled matter.
2. Based upon personal knowledge from information provided to the undersigned attorney from the
Return of Service of which is attached hereto Exhibit “A” and the Military Man Power form attached hereto as
Exhibit “B”, Defendant, Tenant IIJ/Unknown Tenant n/k/a Raymond Moore, is not an active member currently
on duty with the United States Military as under the Soldiers and Sailors Relief Act.
FURTHER AFFIANT SAYETH NOT.
q |
WILLIAM NUSSBAUM IH, Attomey/A ffiant
(0/20/24
Date
STATE OF FLORIDA )
COUNTY OF SARASOTA }
Sworn to (or affirmed) and subscribed before me by means Of-& physical presence or Q online
notarization, on this 2. ¢>day of October, 2021 by WILLIAM NUSSBAUM III, who proved to me on the basis
of satisfactory evidence to be the person(s) and who appeared before me and O producederdriversticense
-whehas
who is perso ly known.
$44
ey
APRIL P. BOMBARDIER NOTARY PUBLIC
Rotary Public - State of Florida
Commission = GG 360733 My Commission Expires
my Comm, Expires Jul 30, 2023
jonded through Nationai Notary Assn.
"2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT
Filing # 135571065 E-Filed 09/29/2021 01:31:09 PM
AFFIDAVIT OF SERVICE
State of Florida County of Manatee Circuit Court
Case Number: 2021-CA-3637
Plaintiff:
ARCPE 1, LLC
vs.
Defendant:
Julie Smith, et at
For:
Gary Gassel, Esquire
Law Office of Gary Gassel, P.A.
Courthouse Square
2191 Ringling Blvd.
Sarasota, FL 34237
Received by HERE COMES THE JUDGE on the 22nd day of September, 2021 at 5:17 pm to be served on Tenant ill/ Unknown
Tenant, 2115 37th Avenue East, Bradenton, FL 34208.
1, Steven T. Zawacki, being duly sworn, depose and say that on the 27th day of September, 2021 at 10:50 am, I:
SUBSTITUTE served by delivering a true copy of the Summons, Civil Cover Sheet, Value of Real Property or Mortgage
Foreclosure Claim Form, Certification as to Regulation X/Cares Act and Executive Order 20-180, Notice of Designation of
Primary and Secondary E-Mail Address, Certification of Possession of Original Note with Exhibits, Notice of Lis Pendens, and
Verified Complaint Second Mortgage with Exhibits with the date and hour of service endorsed thereon by me, to: Caden Moore as
Son at the address of: 2115 37th Avenue East, Bradenton, FL 34208, the within named person's usual place of Abode, who resides
therein, who is fifteen (15) years of age or older and informed said person of the contents therein, in compliance with state statutes.
Military Status: | specifically asked the party accepting service if the party to be served is currently enrolied/active with any branch of
the U.S. MILITARY SERVICE of the United States. The party accepting service stated that at this time the party fo be served is not
with any branch of the U.S. Military.
Marital Status: Based upon inquiry of pany served, Defendant is married.
Additional Information pertaining to this Service:
Tenant Iil/Unknown Tenant is now known as Raymond Moore.
Description of Person Served: Age: 30, Sex: M, Race/Skin Color: White, Height: 5'10, Weight: 180, Hair: Hat, Glasses: N
EXHIBIT
KUTA WU
"2024CA003637AX" TSSBTTO i5 Filed at Manatee County Clerk 09/29/2021 01:31:09 PM EDT.
"2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT
AFFIDAVIT OF SERVICE For 2021-CA-3637
! certify that | have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service
was made pursuant to Florida Statute 48.29. Under penalties of perjury, | dectare that | have read the foregoing Return of Service and
the facts stated are true and correct. NO NOTARY REQUIRED PURSUANT TO F.S. 92.525(2).
af
Steven T. Za’ i
CPS#283 - Circuit
STATE OF FLORIDA
COUNTY OF SARASOTA HERE COMES THE JUDGE
Legal Process Services
4071 Bee Ridge Rd., Suite 202
a
Subscribed and Sworn to before me by means of X Sarasota, FL 34233
physical presi enceoF online notarization, this (941) 954-0169
_ day of mby 222! by the affiant who is
f Pf 'sonally kno\ to me or who has shown me proper Our Job Serial Number: HCJ-2021007951
ig tification.
Th 4 = LL
joes, Ine. - Procass Server's Tocibox VB 11
NOTARY PUBLIC Notary Pubic State of Florida
Kara A
My Commission
HH 088700
oF 92 me
A003637Ax 35571065 Filed at Manatee County Clerk 09/29/2021 01:31:09 PM EDT
DESO 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT
Department of Defense Manpower Data Center Rosuits a8 of Oct-19-2021 OF 1-22 PRA
SORA S11
sa oy
; Status Report
Porsuant to Servicemembers Civil Relief Act
od)
SSN: XXX-}
Birth Date:
Last Name: MOORE
First Name: RAYMOND
Middle Name:
Siatus As Of: Oct-19-2021
Certificate ID: YW4Q4VJL72YYSZ9
On aotve Day On ve ay Sane ‘Date
‘Active
Duty Stan Dato
NA
Aclive Outy
End Data ‘Status, Seine Compan
NALS Ro.
“This response seftecls
the individuals’ active duly slatus based on tha Active Bi Status Date
“
Lol Active Duly Wihin 367 Days of Active Duty Status Data
| Active Duty Stan Dale ‘Active Outy End Date. ‘Statue ‘Sewviee Component
NA = NA 2 No
‘This rosponse refiocts vinete die individual oft active duly eho 36 days preceding the Astio Duly Status Dale:
?
oe
The iienber oat el ‘Was Nobifidd
of a Future Cail-ip Tohaino Tyer Nie oay SDN
Order Notiticalion
Stan Date -Orcer Notiicalion End Dato ‘Sa Sarvice Component
WA NA’ NO NA
This response reflects whethor the iat ster un has rezrved ea Scitation lo report for acvo duty
a
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the abave 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
AM Sorenib™
Department of Defense - Manpower Data Center
400 Gigiing Rd.
Seaside, CA 93955
EXHIBIT
"2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT
The Defense Manpower Data Center (DMDC) is an organization of the Depastment of Defense (DoD) thal 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 DeD strongly supports the enforcement of the Servicemembers Civi! Retiet Act (50 USC App. § 3904 et seg, 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: nttps:/scra.dmdc.osd.mil/scra/ti/faqs. 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, 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 ieft Active
Duly status within 367 days preceding the Active Duly Status Date (3) Whether the individual or his/her unit received early notification to report far 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 Secratary of Defense under 32 USC § 502(t) for purposes of responding to a national emergency declared by the
President and supported by Federai 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}, Marina Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status aiso applies to a Uniformed Service member who is an active duly commissionad otticer 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 cerlificate. SCRA protections are for Title 10 and Title 14 active duly 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 nat
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certticate are urged to seek quatified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
ate 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.
"2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT
Preview
Filing # 136933799 E-Filed 10/20/2021 02:02:14 PM IN THE CIRCUIT COURT OF THE 12" JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA CIVIL DIVISION ARCPE 1, LLC Plaintiff vS. Case No. 2021CA003637AX JULIE SMITH, et al Defendants NON MILITARY AFFIDAVIT STATE OF FLORIDA) j COUNTY OF SARASOTA BEFORE ME. the undersigned authority, personally appeared WILLLAM NUSSBAUM IIL, attorney of Recorded for Plaintiff, who, after being duly sworn, deposes and says: 1, Affiant is the attorney of record for Plaintiff, ARCPE 1, LLC, in the above styled matter. 2. Based upon personal knowledge from information provided to the undersigned attorney from the Return of Service of which is attached hereto Exhibit “A” and the Military Man Power form attached hereto as Exhibit “B”, Defendant, Tenant IIJ/Unknown Tenant n/k/a Raymond Moore, is not an active member currently on duty with the United States Military as under the Soldiers and Sailors Relief Act. FURTHER AFFIANT SAYETH NOT. q | WILLIAM NUSSBAUM IH, Attomey/A ffiant (0/20/24 Date STATE OF FLORIDA ) COUNTY OF SARASOTA } Sworn to (or affirmed) and subscribed before me by means Of-& physical presence or Q online notarization, on this 2. ¢>day of October, 2021 by WILLIAM NUSSBAUM III, who proved to me on the basis of satisfactory evidence to be the person(s) and who appeared before me and O producederdriversticense -whehas who is perso ly known. $44 ey APRIL P. BOMBARDIER NOTARY PUBLIC Rotary Public - State of Florida Commission = GG 360733 My Commission Expires my Comm, Expires Jul 30, 2023 jonded through Nationai Notary Assn. "2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT Filing # 135571065 E-Filed 09/29/2021 01:31:09 PM AFFIDAVIT OF SERVICE State of Florida County of Manatee Circuit Court Case Number: 2021-CA-3637 Plaintiff: ARCPE 1, LLC vs. Defendant: Julie Smith, et at For: Gary Gassel, Esquire Law Office of Gary Gassel, P.A. Courthouse Square 2191 Ringling Blvd. Sarasota, FL 34237 Received by HERE COMES THE JUDGE on the 22nd day of September, 2021 at 5:17 pm to be served on Tenant ill/ Unknown Tenant, 2115 37th Avenue East, Bradenton, FL 34208. 1, Steven T. Zawacki, being duly sworn, depose and say that on the 27th day of September, 2021 at 10:50 am, I: SUBSTITUTE served by delivering a true copy of the Summons, Civil Cover Sheet, Value of Real Property or Mortgage Foreclosure Claim Form, Certification as to Regulation X/Cares Act and Executive Order 20-180, Notice of Designation of Primary and Secondary E-Mail Address, Certification of Possession of Original Note with Exhibits, Notice of Lis Pendens, and Verified Complaint Second Mortgage with Exhibits with the date and hour of service endorsed thereon by me, to: Caden Moore as Son at the address of: 2115 37th Avenue East, Bradenton, FL 34208, the within named person's usual place of Abode, who resides therein, who is fifteen (15) years of age or older and informed said person of the contents therein, in compliance with state statutes. Military Status: | specifically asked the party accepting service if the party to be served is currently enrolied/active with any branch of the U.S. MILITARY SERVICE of the United States. The party accepting service stated that at this time the party fo be served is not with any branch of the U.S. Military. Marital Status: Based upon inquiry of pany served, Defendant is married. Additional Information pertaining to this Service: Tenant Iil/Unknown Tenant is now known as Raymond Moore. Description of Person Served: Age: 30, Sex: M, Race/Skin Color: White, Height: 5'10, Weight: 180, Hair: Hat, Glasses: N EXHIBIT KUTA WU "2024CA003637AX" TSSBTTO i5 Filed at Manatee County Clerk 09/29/2021 01:31:09 PM EDT. "2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT AFFIDAVIT OF SERVICE For 2021-CA-3637 ! certify that | have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made pursuant to Florida Statute 48.29. Under penalties of perjury, | dectare that | have read the foregoing Return of Service and the facts stated are true and correct. NO NOTARY REQUIRED PURSUANT TO F.S. 92.525(2). af Steven T. Za’ i CPS#283 - Circuit STATE OF FLORIDA COUNTY OF SARASOTA HERE COMES THE JUDGE Legal Process Services 4071 Bee Ridge Rd., Suite 202 a Subscribed and Sworn to before me by means of X Sarasota, FL 34233 physical presi enceoF online notarization, this (941) 954-0169 _ day of mby 222! by the affiant who is f Pf 'sonally kno\ to me or who has shown me proper Our Job Serial Number: HCJ-2021007951 ig tification. Th 4 = LL joes, Ine. - Procass Server's Tocibox VB 11 NOTARY PUBLIC Notary Pubic State of Florida Kara A My Commission HH 088700 oF 92 me A003637Ax 35571065 Filed at Manatee County Clerk 09/29/2021 01:31:09 PM EDT DESO 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT Department of Defense Manpower Data Center Rosuits a8 of Oct-19-2021 OF 1-22 PRA SORA S11 sa oy ; Status Report Porsuant to Servicemembers Civil Relief Act od) SSN: XXX-} Birth Date: Last Name: MOORE First Name: RAYMOND Middle Name: Siatus As Of: Oct-19-2021 Certificate ID: YW4Q4VJL72YYSZ9 On aotve Day On ve ay Sane ‘Date ‘Active Duty Stan Dato NA Aclive Outy End Data ‘Status, Seine Compan NALS Ro. “This response seftecls the individuals’ active duly slatus based on tha Active Bi Status Date “ Lol Active Duly Wihin 367 Days of Active Duty Status Data | Active Duty Stan Dale ‘Active Outy End Date. ‘Statue ‘Sewviee Component NA = NA 2 No ‘This rosponse refiocts vinete die individual oft active duly eho 36 days preceding the Astio Duly Status Dale: ? oe The iienber oat el ‘Was Nobifidd of a Future Cail-ip Tohaino Tyer Nie oay SDN Order Notiticalion Stan Date -Orcer Notiicalion End Dato ‘Sa Sarvice Component WA NA’ NO NA This response reflects whethor the iat ster un has rezrved ea Scitation lo report for acvo duty a Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the abave 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 AM Sorenib™ Department of Defense - Manpower Data Center 400 Gigiing Rd. Seaside, CA 93955 EXHIBIT "2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT The Defense Manpower Data Center (DMDC) is an organization of the Depastment of Defense (DoD) thal 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 DeD strongly supports the enforcement of the Servicemembers Civi! Retiet Act (50 USC App. § 3904 et seg, 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: nttps:/scra.dmdc.osd.mil/scra/ti/faqs. 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, 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 ieft Active Duly status within 367 days preceding the Active Duly Status Date (3) Whether the individual or his/her unit received early notification to report far 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 Secratary of Defense under 32 USC § 502(t) for purposes of responding to a national emergency declared by the President and supported by Federai 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}, Marina Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status aiso applies to a Uniformed Service member who is an active duly commissionad otticer 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 cerlificate. SCRA protections are for Title 10 and Title 14 active duly 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 nat actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certticate are urged to seek quatified legal counsel to ensure that all rights guaranteed to Service members under the SCRA ate 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. "2021CA003637AX" 136933799 Filed at Manatee County Clerk 10/20/2021 02:02:13 PM EDT