Preview
STATE OF NORTH CAROLINA > 24CV023610-590
File Ne
MECKLENBURG In The General Court Of Justice
County
Name And Address OF laint
DISCOVER BANK
Mecklenburg County Clerk of Superior Court
SERVICEMEMBERS CIVIL RELIEF ACT
VERSUS DECLARATION
Name And Address Of Defendant
TATDA P SIHABOUT
9500 E W Harris Blvd
G.S. Ch. 127B, Art. 4; 50 U.S.C. 3901 to 4043
Chari NC 28227-1289
NOTE: This form may be used in a Chapter 45 Foreclosure actions, it is not a substitute for the certification that may be required by G.S. 45-21.12A.
DECLARATION
| the undersigned Declarant, under penalty of perjury declare the following to be true:
1. As of the current date: (check one of the following)
C a. |have personal knowledge that the defendant named above is in military service.*
x b. have personal knowledge that the defendant named above is not in military service.*
|
O c. |am unable to determine whether the defendant named above is in military service.*
2. As of the current date, | have x have not received a copy of a military order from the defendant named above relating
O
to State active duty as member of the North Carolina National guard or service similar to State active duty as a member of the
a
National Guard of another state. G.S. 127B-27 and G.S. 127B-28(b).
3. l x used did not use the Servicemembers Civil Relief Act Website https://scra.dmdc.osd.mil/) to determine the
defendant's federal military service.
x The results from my use of that website are attached.
(NOTE: The Servicemembers Civil Relief Act Website is website maintained by the Department of Defense (DoD). if DoD security certificates
a
are not installed on your computer, you may experience security alerts from your internet browser when you attempt to access the website.
Members of the North Carolina National Guard under an order of the Governor of this State and members of the National Guard of another
state under an order of the governor of that state will not appear in the SCRA Website database,)
4. The following facts support my statement as to the defendant's military service: (State how you know the defendant is not in the
military. Be specific.)
Reviewed confirmation from the DOD-SCRA website that Defendant is not in the military.
*NOTE: The term "military service includes the following: active duty service as ca member of the United States Army, Navy, Air Force, Marine Corps,
Space Force, or Coast Guard; service as member of the National Guard under a call to active service authorized by the President or the
a
Secretary of Defense for a period of more than 30 consecutive days for purposes of responding to a national emergency, active service as
a commissioned officer of the Public Health Service or of the National Oceanic and Atmospheric Administration; any period of service during
which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause. 50 U.S.C. 3911(2). The term "military
service" also includes the following: State active duty as member of the North Carolina National Guard under an order of the Governor
a
pursuant to Chapter 127A of the General Statutes, for a period of more than 30 consecutive days; service as a member of the National Guard of
another state who resides in North Carolina and is under an order of the governor of that state that is similar to State active duty, for a period of
more than 30 consecutive days. G.S. 127B-27(3) and G.S 127B-27(4).
| declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.
Date Signatyfe Declarant A Name Of Dectarant (type or print)
05/06/2024 Terri A Byrd
NOTE TO COURT: Do not proceed to enterjudgment in a non-criminal case in which the defendant has not made an appearance until a
Servicemembers Civil Relief Act affidavit or declaration (whether on this form or not) has been filed, and if it appears that
the defendant is in military service, do not proceed to enterjudgment until such time that you have appointed an attorney
to represent him or her.
(Over)
AOC-G-250, Rev. 4/24 T413D1
© 2024 Administrative Office of the Courts N2400774
Electronically Filed Date:5/23/2024 4:55 AM Mecklenburg County Clerk of Superior Court
Information About Servicemembers Civil Relief Act Affidavits And Declarations
1. Plaintiff to file affidavit/declaration
In any civil action or proceeding, including any child custody proceeding, in which the defendant
does not make an appearance, the court, before entering judgment for the plaintiff, shall require the
plaintiff to file with the court an affidavit-
(A) stating whether or not the defendant is in military service and showing necessary facts to
support the affidavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in military service,
stating that the plaintiff is unable to determine whether or not the defendant is in military
service.
50 U.S.C. 3931(b)(1).
2. Appointment of attorney to represent defendant in military service
If ina civil action or proceeding in which the defendant does not make an appearance it appears
that the defendant is in military service, the court may not enter a judgment until after the court
appoints an attorney to represent the defendant. If an attorney appointed to represent a service
member cannot locate the service member, actions by the attorney in the case shall not waive any
defense of the service member or otherwise bind the service member. 50 U.S.C. 3931(b)(2).
State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil
Relief Act. To comply with the federal Violence Against Women Act and in consideration of
G.S. 50B-2(a), 50C-2(b), and 50D-2(b), plaintiffs in Chapter 50B, Chapter 50C, and Chapter
50D proceedings should not be required to pay the costs of attorneys appointed pursuant to the
Servicemembers Civil Relief Act. Plaintiffs in other types of actions and proceedings may be
required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act.
The allowance or disallowance of the ordering of costs will require a case-specific analysis.
3. Defendant's military status not ascertained by affidavit/declaration
If based upon the affidavits filed in such an action, the court is unable to determine whether the
defendant is in military service, the court, before entering judgment, may require the plaintiff to file
a bond in an amount approved by the court. If the defendant is later found to be in military service,
the bond shall be available to indemnify the defendant against any loss or damage the defendant
may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment
set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal
and setting aside of a judgment under applicable Federal or State law or regulation or under any
applicable ordinance of a political subdivision of a State. The court may issue such orders or enter
such judgments as the court determines necessary to protect the rights of the defendant under this
Act. 50 U.S.C. 3931(b)(3).
4. Satisfaction of requirement for affidavit/declaration
The requirement for an affidavit above may be satisfied by a statement, declaration, verification, or
certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
50 U.S.C. 3931(b)(4). The presiding judicial official will determine whether the submitted affidavit is
sufficient.
5. Penalty for making or using false affidavit/declaration
A person who makes or uses an affidavit permitted under 50 U.S.C. 3931(b) (or a statement,
declaration, verification, or certificate as authorized under 50 U.S.C. 3931(b)(4)) knowing it to be
false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than
year, or both. 50 U.S.C. 3931(c).
AOC-G-250, Side Two, Rev. 4/24 T413D
© 2024 Administrative Office of the Courts
Results as of: May-06-2024 11:33:50 AM
Department of Defense Manpower Data Center
SCRA 5.20
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-S
Birth Date:
Last Name: SIHABOUT
First Name: TATDA
Middle Name: P
Status As Of: May-06-2024
Certificate ID: VZKZK24Y9QY8J09
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status 'Sewice Component
NA NA No NA
This response reflects the individuals' active duty status based on the Active Outy Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual eft active duty etatus within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has recetved early nollficalion to report for active duty
is the status of
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space 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.
Sam Yousefzadeh, Director
Department of Defense Manpower Data Center
-
4800 Mark Center Drive, Suite 04625
Alexandria, VA 22350
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 eft 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 ca member of the National Guard, this includes service under a call fo 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.
Preview
STATE OF NORTH CAROLINA > 24CV023610-590 File Ne MECKLENBURG In The General Court Of Justice County Name And Address OF laint DISCOVER BANK Mecklenburg County Clerk of Superior Court SERVICEMEMBERS CIVIL RELIEF ACT VERSUS DECLARATION Name And Address Of Defendant TATDA P SIHABOUT 9500 E W Harris Blvd G.S. Ch. 127B, Art. 4; 50 U.S.C. 3901 to 4043 Chari NC 28227-1289 NOTE: This form may be used in a Chapter 45 Foreclosure actions, it is not a substitute for the certification that may be required by G.S. 45-21.12A. DECLARATION | the undersigned Declarant, under penalty of perjury declare the following to be true: 1. As of the current date: (check one of the following) C a. |have personal knowledge that the defendant named above is in military service.* x b. have personal knowledge that the defendant named above is not in military service.* | O c. |am unable to determine whether the defendant named above is in military service.* 2. As of the current date, | have x have not received a copy of a military order from the defendant named above relating O to State active duty as member of the North Carolina National guard or service similar to State active duty as a member of the a National Guard of another state. G.S. 127B-27 and G.S. 127B-28(b). 3. l x used did not use the Servicemembers Civil Relief Act Website https://scra.dmdc.osd.mil/) to determine the defendant's federal military service. x The results from my use of that website are attached. (NOTE: The Servicemembers Civil Relief Act Website is website maintained by the Department of Defense (DoD). if DoD security certificates a are not installed on your computer, you may experience security alerts from your internet browser when you attempt to access the website. Members of the North Carolina National Guard under an order of the Governor of this State and members of the National Guard of another state under an order of the governor of that state will not appear in the SCRA Website database,) 4. The following facts support my statement as to the defendant's military service: (State how you know the defendant is not in the military. Be specific.) Reviewed confirmation from the DOD-SCRA website that Defendant is not in the military. *NOTE: The term "military service includes the following: active duty service as ca member of the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard; service as member of the National Guard under a call to active service authorized by the President or the a Secretary of Defense for a period of more than 30 consecutive days for purposes of responding to a national emergency, active service as a commissioned officer of the Public Health Service or of the National Oceanic and Atmospheric Administration; any period of service during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause. 50 U.S.C. 3911(2). The term "military service" also includes the following: State active duty as member of the North Carolina National Guard under an order of the Governor a pursuant to Chapter 127A of the General Statutes, for a period of more than 30 consecutive days; service as a member of the National Guard of another state who resides in North Carolina and is under an order of the governor of that state that is similar to State active duty, for a period of more than 30 consecutive days. G.S. 127B-27(3) and G.S 127B-27(4). | declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Date Signatyfe Declarant A Name Of Dectarant (type or print) 05/06/2024 Terri A Byrd NOTE TO COURT: Do not proceed to enterjudgment in a non-criminal case in which the defendant has not made an appearance until a Servicemembers Civil Relief Act affidavit or declaration (whether on this form or not) has been filed, and if it appears that the defendant is in military service, do not proceed to enterjudgment until such time that you have appointed an attorney to represent him or her. (Over) AOC-G-250, Rev. 4/24 T413D1 © 2024 Administrative Office of the Courts N2400774 Electronically Filed Date:5/23/2024 4:55 AM Mecklenburg County Clerk of Superior Court Information About Servicemembers Civil Relief Act Affidavits And Declarations 1. Plaintiff to file affidavit/declaration In any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit- (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. 50 U.S.C. 3931(b)(1). 2. Appointment of attorney to represent defendant in military service If ina civil action or proceeding in which the defendant does not make an appearance it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed to represent a service member cannot locate the service member, actions by the attorney in the case shall not waive any defense of the service member or otherwise bind the service member. 50 U.S.C. 3931(b)(2). State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil Relief Act. To comply with the federal Violence Against Women Act and in consideration of G.S. 50B-2(a), 50C-2(b), and 50D-2(b), plaintiffs in Chapter 50B, Chapter 50C, and Chapter 50D proceedings should not be required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act. Plaintiffs in other types of actions and proceedings may be required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act. The allowance or disallowance of the ordering of costs will require a case-specific analysis. 3. Defendant's military status not ascertained by affidavit/declaration If based upon the affidavits filed in such an action, the court is unable to determine whether the defendant is in military service, the court, before entering judgment, may require the plaintiff to file a bond in an amount approved by the court. If the defendant is later found to be in military service, the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal and setting aside of a judgment under applicable Federal or State law or regulation or under any applicable ordinance of a political subdivision of a State. The court may issue such orders or enter such judgments as the court determines necessary to protect the rights of the defendant under this Act. 50 U.S.C. 3931(b)(3). 4. Satisfaction of requirement for affidavit/declaration The requirement for an affidavit above may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury. 50 U.S.C. 3931(b)(4). The presiding judicial official will determine whether the submitted affidavit is sufficient. 5. Penalty for making or using false affidavit/declaration A person who makes or uses an affidavit permitted under 50 U.S.C. 3931(b) (or a statement, declaration, verification, or certificate as authorized under 50 U.S.C. 3931(b)(4)) knowing it to be false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than year, or both. 50 U.S.C. 3931(c). AOC-G-250, Side Two, Rev. 4/24 T413D © 2024 Administrative Office of the Courts Results as of: May-06-2024 11:33:50 AM Department of Defense Manpower Data Center SCRA 5.20 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-S Birth Date: Last Name: SIHABOUT First Name: TATDA Middle Name: P Status As Of: May-06-2024 Certificate ID: VZKZK24Y9QY8J09 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status 'Sewice Component NA NA No NA This response reflects the individuals' active duty status based on the Active Outy Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual eft active duty etatus within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has recetved early nollficalion to report for active duty is the status of Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space 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. Sam Yousefzadeh, Director Department of Defense Manpower Data Center - 4800 Mark Center Drive, Suite 04625 Alexandria, VA 22350 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 eft 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 ca member of the National Guard, this includes service under a call fo 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.