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Filing # 78663868 E-Filed 10/01/2018 01:54:54 PM
TN THE CIRCUIT COURT OF THE SECOND
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR,
FRANKLIN COUNTY
GENERAL CIVIL DIVISION
CASE NO. 17000179CA
U.S. BANK TRUST, N.A., AS TRUSTEE FOR
LSF1LO MASTER PARTICIPATION TRUST
Plaintiff(s),
DAVID J KING, et al.,
Defendants
STANDARD AFFIDAVIT REGARDING MILITARY SERVICE
I, Justin Ortega, Esq. being duly sworn under oath, states as follows:
1 McCalla Raymer Leibert Pierce, LLC, is the Law firm for the
Plaintiff/Petitioner, U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSFI0 MASTER
PARTICIPATION TRUST, in this case. I am duly authorized to make this affidavit. I have
personal knowledge of the facts stated here, and am competent to testify to the matters stated
herein.
2. This affidavit has been filed in support of the Plaintiff/Purchaser’s eviction prior
to Writ of Possession against the Defendant(s)/Respondent(s), and in accordance with 50 App.
U.S.C. § 521(b), a provision of the Servicemembers Civil Relief Act, Pub. L. 108-189, H.R. 100,
as amended (2003).
3 The Defendants, DAVID J KING, LAURA KING, is not currently in the “military
service”, as that term is defined in 50 App. U.S.C. § 511.
This fact is supported and based upon my review of a military status report obtained from
the Department of Defense’s Defense Manpower Data Center website
(https://www.dmde.osd.mil/appi/scra/scraHome.do). The military status report, which has been
attached as ‘Exhibit A,’ indicates:
Biecieaaigally Filed Franklin Case # 17000179CAAXMX 10/01/2018 01:54:54 PM
{ X ] that the Defendants was/were not on active duty status as of September 28, 2018,
and had not been on active duty status at any point during the preceding 367 days;
{ X ] that the Plaintiff is unable to determine whether or not the CURRENT
RESIDENT/UNKNOWN OCCUPANT is/are in the military service due to the fact we
do not have access to the Defendant’s social security number. A notice to vacate was sent
to the property on September 28, 2018. The notice to vacate contains an additional notice
to service members, which explains the SCRA and requests the occupant provide their
military information if they are an active service member. The occupant did not return
this form with any applicable information.
Additionally, I am unable to determine the military status of any unnamed or unknown
occupants as I do not have sufficient information to determine their military status.
U.S, BANK TRUST, N.A., AS TRUSTEE FOR
LSFLO MASTER PARTICIPATION TRUST
BY: Sok a
Justin Ortega, Esq.
Counsel for Plaintiff
Bar Number: 98048
pate: 4/28 /ig -—_—______— ~
STATE OF FLORIDA
COUNTY OF BROWARD
SWORN TO AND SUBSCRIBED
by Justin Ortega, Esq. who is personally knownNo ie and wi my
hi
gre me this AY day of
path.
_, 2018,
s
Wy, Najla Florez
24040
NOTARY Pu \ LORIDA
COMMISSION #FF2 01
EXPIRES: April 23,
RY, COM
wi, CAARONNOTA
MA
18-00838FL
Resulls as of : Sep-27-2018 04:10:45 PM
Department of Defense Manpower Data Center
SCRA 49
SeSe osee>
Status Report
)
a ' Pursuant to Servicemembers Civil Relief Act
G. y
SSN: s
Birth Date:
Last Name: KING
First Name: LAURA
Middle Name
Status As Of: Sep-27-2018
Certificate ID 8TBHOTTSH31GJGO
(On Active Duly On Ave Duty Slate Dai
Active Duty Stari Date ve Duty End Date Status Service Component
NA NA No NA
This response reflecis ind individuals’ active duty stalus based on the Active Quty Status Date
{Lefl Aclve Duty Within 367 Days of Active Duly Slatus Date
Aelive Duly Start Date ‘Active Duty End Date ‘Slatus ‘Service Component
NA NA No NA
‘This response reflacis where the individual lef aclive duly stalus within 267 days proceding the Active Ouly Status Date
“The Member or Hie/Her Unit Was Nollfied of a Futura Call-Up to Active Duly on Active Duly Status Date
‘Order Notifcallon Start Date Order Notification End Dale Status ‘Service Gomponent
NA NA No NA
“This rosponse re'lects whethor the individual o* hisiher unit has received ty notification to raport for active duly
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
LM Sie
the individual on the active duty status date as to ali 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 repart for Active Duly.
Michael V. Sorrento, Director
Department of Oefense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
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 miiltary medical care and other eligibility systems:
‘The SWI strongly supports the enforcement of the Servioemembers Civii Relief Act (60 USC App. ? 501 ot 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 entitied 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.xhtmi#Q33. If you have evidence the person
was on active duly for the active duty status date and you fail to obtain this additionat Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. ? 52%(0).
This rasponse 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 hisiher 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 2040 only some of the active duty periods less
than 30 consecutive days in length were avaifable. 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 aiso 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 Administratian (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 te extend the period of active duty, which would extend SCRA protections. Persons seeking to raly 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 Duly 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.
Department of Defense Manpower Data Center sults as of: Sep-27-2018 04:12:14 PA
SORA 4.9
<3
SSee en
bs ces
Be
Status Report
A: ag | Pursuant to Servicemembers Civil Relief Act
% or
SSN: a
Birth Date:
Last Name: KING
First Name: DAVID
Middle Name J
Status As Of: Sep-27-2018
Certificate ID: B4VL263Q2K5Z1KG
‘On Active Duty On Active Ouly Status Dale
Active Duly Siait Date ative Duty End Dale Status Service Component
NA NAL Ne NA
‘This rasponsa celled the Individials' activa duty status basad or the Active Duty Status Date
Let Avo Dui Win S67 Bays olAcive
Day San Do
Aclive Duty Start Date Aative Duty End Dale, status Service Component
NA, NA No NA
This response roflocts whéra the individual ioft active duty stale withis 367 days preceding the Activa Duty Status Date
“The Maier or HisHer Unit Was Nolfied af a Future Call Up to Active Outy on Adve Duty Stalis Dale
(Order Notication Stet Dae ‘Greer Notifcation End Date Status ‘Service Component
NA NA, No, NA
“This response rellects whether the individual ct hig/ner-unil has received early notification to report for zctive duty
Upen 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,
WehtV Goerite
Michael Y. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd,
Seaside, CA 93955
“The Defense Manpewer 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 dala on eligibility for military medical care and other eligibillly systems.
‘The Ill strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. ? 504 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 duly for the active duty status date, or ls otherwise entitied to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by conlacting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q33) via this URL: hitpsi/sora.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person
was on active duty for the active duty status date and you fall 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 lefl Active
Duly status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early nofification to report for active
duty on the Active Duty Status Date,
More information on "Active Duty Status"
Aclive duly status as reported in this certificate is defined in accordance with 10 USC ? 101(d) (1). Prior te 2019 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 calll to active service
authorized by the President or the Secretary of Dafense 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 Administratian 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 Cceanic 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.
Tile 32 petiods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 101(4)(1).
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking tc 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 whe could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights quaranteed 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.