MIDFIRST BANK v. IAN GARRETT, et al., 2022-CA-000549, 20 (Fla. 4th Cir. Ct. Feb. 28, 2022) (2024)

`

`2.
`
`IAN GARRETT, and MELISSA GARRETT,is/are not a person(s) in the military service
`
`of the United States based upon information contained in the attached military
`
`verification letter(s).
`
`FURTHER AFFIANT SAYETH NAUGHT,
`
`a
`
`Anna Rosenberg, Esq. FL Bar: 101551
`
`Attorney for the Plaintiff
`
`eXL Legal, PLLC
`
`Designated Email Address: efiling@exllegal.com
`
`SWORN TO AND SUBSCRIBEDbefore me, by meansof physical presence, this ZS
`day of February, 2022, by
`Anna Rosenberg
`whois personally known to me.
`on
`
`s}i
`
`[CSenentoeeane
`art
`
`:
`roe Seton
`Ho
`CHRISTINE SAFFAR|
`|p
`|
`Notary Public-State of Floridal#
`
`\“OMMission # HH 68583
`1h
`My Lommission Expires
`Vecember 06, 2024
`"SONGSemtertaomanSeteSeeNes
`
`
`
`
`=
`
`
`
`Notary Public
`
`My commission expires:
`
`1000007490
`
`

`

`Department of Defense Manpower Data Center
`
`Results as of : Feb-25-2022 08:21:11 AM
`SCRA 5.12
`
`
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act
`
`SSN:
`
`XXX-XX-
`
`Birth Date:
`
`Last Name:
`
`GARRETT
`
`First Name:
`
`IAN
`
`Middle Name:
`
`Status As Of:
`
`Feb-25-2022
`
`Certificate ID:
`
`DML7TRMRX4WN1RJ
`
`
`
`
`ee
`
`
`
`
`
`
`
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`Active Duty Start Date
`Active Duty End Date
`Service Component
`
`Ce
`
`This responserefiects where the individualleft active duty status within 367 days preceding the Active Duty Status Date
`
`
`
`
`
`
`This responsereflects whetherthe individual or his/her unit has received early notification to report for active duty
`
`The Memberor His/Her Unit Was Notified of a Future Catl-Up to Active Duty on Active Duty Status Date
`
`ne
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the aboveis the status of
`the individual on the active duty status date as fo all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes information on a Servicememberorhis/her unit receiving notification of future orders to report for Active Duty.
`
`
`
`Michael V. Sorrento, Director
`Departmentof Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`1000007490
`
`

`

`The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment andEligibility
`Reporting System (DEERS)database whichis theofficial source of data on eligibility for military medical care and othereligibility systems.
`
`The DoD strongly supports the enforcementof the ServicemembersCivil 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 errorrate. In the eventthe individual referenced above, or any family
`member,friend, or representative asserts in any mannerthat 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 maybe invoked
`against you. See 50 USC App. § 3921(c).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whetherthe individualleft Active
`This responsereflects the following information:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whetherthe 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 reportedin this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only someof the active duty periods less
`than 30 consecutive daysin length were available.
`In the case of a memberof 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 whois 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 SCRAis Broader in Some Cases
`Coverage under the SCRAis broader in some cases and includes somecategories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis 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).
`
`Manytimes 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 SCRAprotections are based have not been amendedto 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 numberof protections of the SCRA
`extend beyond thelast dates of active duty.
`
`Those who could rely on this certificate are urged to seek qualified legal counsel to ensure thatall 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 erroneouscertificate to be provided.
`
`1000007490
`
`

`

`Department of Defense Manpower Data Center
`
`Results as of : Feb-26-2022 08:21:11 AM
`SCRA 5.12
`
`
`
`Status Report
`’ Pursuant to Servicemrembers Civil Relief Act
`
`SSN:
`
`XXX-XX-
`
`Birth Date:
`
`Last Name:
`
`GARRETT
`
`First Name:
`
`MELISSA
`
`Middle Name:
`
`Status As Of:
`
`Feb-25-2022
`
`Certificate ID:
`
`G4F8FWHIMG2BW6C
`
`On Active Duty On Active Duty Status Date
`
`This response reflects the individuais’ active duty status based onthe Active Duty Status Date
`
`mA
`
`
`
`Active Duty Start Date
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`Active Duty End Date
`Status
`
`This response reflects where the individualleft active duty status within 367 days preceding the Active Duty Status Date
`
`The Member or His/Her Unit Was Notified of a Future Call-Up te Active Duty on Active Duty Status Date
`Service Component
`Order Notification End Date
`OrderNotification Start Date
`eenS
`
`This response reflects whetherthe individualor his/her unit has received early notification to report for active duty
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the aboveis 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 Servicememberor his/her unit receiving notification of future orders to report for Active Duty.
`
`
`
`MichaelV. Sorrento, Director
`Departmentof Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`1000007490
`
`

`

`The Defense ManpowerData Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enroilment and Eligibility
`Reporting System (DEERS) database whichis the official source of data on eligibility for military medical care and othereligibility systems.
`
`The DoDstrongly supports the enforcement of the ServicemembersCivil 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 errorrate. In the eventthe individual referenced above, or any family
`member, friend, or representative asserts in any mannerthat the individual was on active duty for the active duty status date, or is otherwiseentitled to the
`protections of the SCRA,you are strongly encouraged to obtain furtherverification 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 maybe invoked
`against you. See 50 USC App. § 3921(c).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
`This responsereflects the following information:
`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 reportedin this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only someof 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 whois 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 SCRAis Broader in Some Cases
`Coverage under the SCRAis 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 underthis certificate. SCRA protections are for Title 10 and Title 14 active duty recordsfor 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).
`
`Manytimes 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 SCRAprotections are based have not been amendedto extend the inclusive dates of service.
`Furthermore, someprotections 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 numberof protections of the SCRA
`extend beyond the last dates of active duty.
`
`Those whocouldrely on this certificate are urged to seek qualified legal counsel to ensurethatall 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
`erroneousinformation will cause an erroneouscertificate to be provided.
`
`1000007490
`
`