arrow left
arrow right
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
  • THE BANK OF NEW YORK MELLONvs.MARTIN, MARCELO et al. 3 document preview
						
                                

Preview

Filing #62137608 E-Filed 09/28/2017 02:08:35 PM IN THE CIRCUIT COURT OF THE ¢ oO FUDECIAL CIRCUIT IN AND FOR GRANGE COUNTY, FLORIDA CIVEL DIVISION The Bank of Mew York Mellen FEA The Bank of New York, as Trustee for the certificatcholders of the CWABS, inc., ASSET-BACKED CERTIFICATES, SERIES 2006-18, Plain? VS. Case No. 2017-CA-7415 MARCELO MARTIN, BY AL Defendants ttn NON MELIPARY AFFIDAVIT STATE OF FLORIDA ) COUNTY OF SARASOTA ) BEFORE ME, the undersigned authority, personally appeared GARY GASSEL, attorney of Recorded for Plaintiff, who, after being duly sworn, deposes and says: 1, Affiant is the attorney of record for Plaintiff, The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificatehalders of the CWABS, Inc., ASSET-BACKED CERTIBICATES, SERIES 2006-18, in the above styled matter. 2. Based upon personal knowledge from information provided to the undersigned attomey from the Affidavit of Service of which is attached hereto Exhibit “A” and the Military Man Power form attached hereto as Exhibi¢ “B”, Defendant, Edelma Martin a/k/a Edelina Martin, is not an active member currently on duty with the United States Military as under the Soldiersapd Yailors Relief Act. FURTHER AFFIANT SAYETH NOT, oo GARY GASS. Aitomey/AfBant ' / — att oe fom Date STATE OF FLORIDA COUNTY OF SARASOTA _j The foregoing instrument was Sworn io and subscribed before me this we day of September, 2017 by GARY GASSEL, who is personally known to me. ome iN APR PBToMeMnDIER Hotary Pabiie - State of Florida Netary Public Conwniasion # FF 245384 fy Comm. Expives Jul 17, 2048 ‘0 ae Bonded through National Notary Assn. E a eel Ab fed 09/06/2017 9:04 AM AFFIDAVIT OF SERVICE County of Grange Cwauit Court State of Poocids Cage Nernbar: 204 7-CA- 718 Pisiatit® The Bank of New York Mallon FRA The Bank of New York, an Trewtes for the cartiicateholders of the CIMARS, inc., Assat-Bached Certificates, Series ROE1S vs Defendant Marcia Morin, ef al. For Gary Gassel, Enquire Law Office af Gary Gassel, PA, Courthouse Square 2454 Ringling Bivd Serasot, FL 34237 Received by Hera Comes the Judge en the 17th day of Augusi, 2047 at 3:08 pm te be served on Edelmis Martin a/k/a Edalina Martin 235 Le Paz Dr, Kissimmee, FL 24743 {, Deniei Landel, baing duty sworn, depose and say thet on the 28th day of August, 2047 at S35 pm, t SUBSTITUTE served by delivering true copy of the Summons, Civil Cover Shast, Vatun of Rest Property or Mortgage Fosecloaure Claim Form, Notice of Filing Form A, & Noticefram the Court Regarding Lawaulte te Forscloce Morigages en flomas, Notice of Designation of Primary snd Secondary E-Mail Address, Notice of Salatxd Cages, Notice of Filing Cattification Regarding Possession of Original Loan Qeauments with Exhibite, Notice of Lis Pendens and Verified Complaint in Ram for Foresiosure of Mortgage with Exhliite with ine date and hour of service endorsed thereon by me. to: Maroelo Martin es Co-Tenant at the addrass of 238 La Paz Or, Kiselmmes, Fi. 24743, the within named person's usual pince of Abode, who resides therein, who is fifteen (15) yeare of ege or older and informed eaid person of the contents therein, in compliance with Floride Statute 48.034(1 Xai. Military Statue: Gased on inquiry by the affiant, the defendant is not an active duty member of the U.S. Armed Forcas. Marital Statue: Based upon inquiry of partly served, Defendant is married. Oeseription of Person Served: Age: 67, Sex M, Race/Skin Color: Hispanic, Height: 5'8", Weight: 180, Hair. Gray, Glasses: N 1 certify that | am a Certified Process Server in good stending and have proper authority in the jurisdiction in which this servios is rade. bam not a party to this action end have no interest in the party being served. Under the penalties of perjury, | declare that | have read the foregoing affidavit and that the fects stated in it are true. ~~ a3 ewe, ayn who is Denis! Lanviol CPSE 6172 Here Gomes the Judge rns er 2293 Frultviltie Re, pn, Plasean, Suite 108 BUC , NOTARY PUBLIC Sarasota, FL 34237 a! ‘STATE OF FLORIDA (941) 964-0168 2 * Cosa FR2S22at Expires 5iarzo1g Our Jeb Seriat Number HCJ-2017008717 ee te asebiy. Sas -* wogitGin STB? 2017 Ontabase Gersicos ne. - Procaan See's Tooth V7.4: . 4 AUT TEERA EXHIBIT Depariment of Defense Manpower Dalia Center Saute a Pea ite Ae SCRA Ae Statun Report Pursuant io Servicemea:hers Civil Relie? Act SSN: Birth Date: Last Name: MARTIN First Name: EDELMA Middie Name: Status As Of: Sep-28-2017 Certificate (DB: JUHSOSG6MXAG29D Bi bay as oe Ou St Sle ats Guty Staa Gate Ace be Sa ‘Status nenend Survicw Gommporat HA aA. We. NA een This response rat inside ain ty shaved eto Ave ay Seton Be Lak Acthe faty Witin 57 Bay of Aci Dany Sikes Gave Achive Duty Steet Dae ‘Asie Duly End Date Sistas Seven: nant NA TRA He This easpanse. sila active dpa wir 7 cays roca te AA Duty Sams Orca Tuoi igi cla Fan Gay a ot Bon Rs by is Dla ‘Ondar Nectiication Stari Dio eda Nek et a Status Senne Gemmponent seo NA NB Be, NA is resp reeset sic ie ae 8 iin to sep for active aay Upon searching the data banks of the Department of Defense Manpower Oatd center, based on the information that you provided, the above is the stains of the individual on the active duty status date as io all branches of the Uniformed Servioes (Army, Navy, Marine Corps, Air forea, NOAA, Public Health, and Coast Guard}. This status includes information on a Servicemember or his/her unit recaiving notification of fulure orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 EXHIBIT ‘The Gefense Man vat waster (ON is av organi ga of se Daprtmant of Eefenae Bo!) onan we Defen: eosin and Bligibltty Raporting System (DEERS) database which ihe offic 1 Sata on a hilty for military medical care and other eligibility ayseams The Bed strongly suppor the enforcement of the Senioemembars Civii Relist Act (0 USC 3. App. 7 504 & sag, as amended) (SCRA} (ferrnery known as the Sokfiers' and Saliore’ Clif Mellef Act of 1940]. DMDC has issued hundreds of ther ssarids of "does nat 5: any information indicating that the individuat currently on @ @ disiy” responses, end vas experienced onlya small enmr rate, In the ever ne individual referenced abovs or any fornity member, friend, or rapresentative erts in any manner that the individual wi s on active duty for the active diny status date, ofis otf wise eniitied to te protections of the SCRA, yau ave strongly encouraged ta oblsin further verification of the person's status by contacting that pensan's Service. Service cont information can be found on te SCRA webs 's FAQ page (G83) via this UR, htipsiisera dimde.osd.snilfiag xhtml: if you have evidence the person was on aotive duly for the active duty status date and you fail @ obtain this ad ional Service varitic for, pun 6 provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c}. ‘This response reflects the foltowing information: (1) The individual's Aotive Duty status on the Active Outy Status Date (2) Whether the individual ieft Active Outy status within 367 days preceding the Avtive Duty Status Baie (3} Whether the individual or hisMier unit received early notification te report for active duly on the Active Duty Status Date: More information on “Active Duty Status" Active duty status as reported in this certificate fs defined in accordance with 00 USC? 104d) (1), Prior #9 2010 only sore of the active duty periods lees than 20 consecutive days in lengih were available. in ihe case of a member of the National Guard, this includes service under a coll te ective service authosizad by the President or the Secretary of Defense under 32 USC ? 5921") for purposes of responding to a national emergency declared by the Prasident ant supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This inoludes Navy Training end Administration of the Reserves (TARS), Matine Corps Active Reserve (ARs) and Coast Guard Reserve Program Adiinistratar (RPAS}. Active Duty status also applies to 3 Uniformed Service member who is an active duly commissioned officer of the US. Public Health Service or the National Oceanic and Atmospheric Adminisiration (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 Diity under this certificale. SCRA protections are for Tile 10 and Title 14 active duty records for ail the Uniformed Services periods Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC ? 104(d}(1). Many times orders ate amended to extend the period of aclive 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 fo persons who have recaived orders fo report for active duty or to he inducted, but who have not actually begun active duty or actually reported for induction, The Last Date on Active Duty entry is imporiant because a number of protections of the SORA extend beyond ihe last dates of active duty. ‘Those who could rely on this certificate are urged lo seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA, are protected WARMING: This certificate was provided based on a last name, SSN/date of birih, end active duty siaius date provided by the requester. Providing erengous information will cause an enoneous certificate to be provided. Deparimeni of Defense Manpow er ay Data Center oF Be AE as Status Report Pursuant to Servicemembers Civil Relie? Aci SSN: Birth Date: Last Name: MARTIN First Name: EDELINA Middle Name Status As Of: Sep-28-2017 Cerificate [BD YMTBPITKIASO 146 Sins ayor A Duy Stes Aerie Ouly Steet Gate ative Dut Dass ‘Seine Service janet a | ener NA Nb. RA fe espana ii wianwougie neve duty stotua based on hs Rate as Sat Date — i ay age Ac uy Sat il Active Hany Ston tate ‘Antive Outy bac Gate Statue ‘Senice Gomeoient ners na NA No NA This moporae touts ty ania ace Apel ae drape ec fe Aa ity Sn Oe cet ha eA Active neetty or lie nent none ‘Geter Nestiostion Sten Dats ‘Ones Hetdecntion Ena Dats ‘Shatis "Bence Component NA NA’ Re, NA iis response raftsuts winatier the iMloedt er ishnor wot has rapatvan day dalGicatonta raport for ncive euty Upon searching the data banks of the Deperiment of Defense Manpower Data Center, based on the informetion that you provided, the above is ihe stetus of the individual on the active duty status data as to all branches of the Uniformed Servieas (Army, Navy, Marine Corps, Air Force, NOAA, Public Heaith, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. UKAN Sererit” Michael V. Sorrento, Director Depariment of Defense - Manpower Data Center 400 Gigting Ra. Seaside, CA 93955. ihe Defense Mi poouveer £ wer ete High oF 8 tof oD mrainiains o efery nroilenes and ny Reporiing System (2 FS} databa: hich is the ficial sa nf dats ort eligibisty for 1 litary radical care and other aligitiliry stems, The DoD strongly por of the Servicerner the eniorcement 5 Civil Reliet Aci (50 USC Ap i ansied) (SCRA Co mets OS ihe Soldiers’ and Sailors’ Civil Relief Act of 1640). OMDC has issued hundrecs of thousand: of “does not pansess any information indicating 16 he individual is curently on a Gufly’ responses, and has experienced only 2 small error c in the eventtie imdividual ref need above, or auy family member, jriend, of representative easeris in any manner thai the individualw son active duty for the duly aiatu: , ors otherwise entht d te the protections of the SCRA, you are strongly encouraged {a obtain further verifination of the persen's tus by contseting that person's Service. Service contact information can be found on the SCRA website's FAQ page (0:33) via this U hips: dried ad, lag. xhiORS, H you Rave evidence the person was on active duly ter the active duty stalus date and you fail to obtain this adsitional Service verification, punitive provisions of the SCRA may be invoked against yau. See 50 USC App. 7521} This response refecis the following information: (1) The individual's Active Duty siatus on the Active Duly Status Date (2) Whether the individual left Active Duty status within 367 days preceding ihe Active Duty Status Date {3} Whether the individuat or his/her unit received early n ication to report for active duly of the Active Duly Status Date. More inforrnation on "Active Duty Status Active duty statue as reported in this cerlificate is defined in accordance with 16 USC ? 101(¢) (1). Psior to 2010 only some of the active duty periods tess 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 servi authorized by the President or the Secretary of Defenoe under 32 USC 7 5020} for purposes responding to a national emergency declared by the Prositient and supported by Federal funds. Ali Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includas Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Admit frator (RPAS). Active Duty status also applies to a Uniformes Service member who is an active duly commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Comps). 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 duly for purposes of the SGRA whe woul sot be reported as on Active Duly under this certificate, SCRA protections are far Tile 10 and Tile 14 antive duty records for all the Uniformed Services periods Title 2 periods of Active Duty ae not covered by SCRA, as defined in accordance with 10 USG ? 1G1(d){4} Many times orders are amended ta extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this wet 1 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 io report for active duty or to be inducted, bul 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 duly. ‘Those who could rely on this certificate are urged to seek qualified legai counsel to ensure that ail rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on 2 last name, SSN/date of birth, and active duty status date provided by the requester. Providing errongous information will cause an erroneous Cerificate to be provided