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Filing # 144324632 E-Filed 02/21/2022 11:18:44 PM
IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,
IN AND FOR LEON COUNTY, FLORIDA
ROBERT E GRIMES,
CAROLYN E GRIMES
Plaintiffs
CASE NO, 2021 CA 001244
Vv.
TERRY HAYWARD SHULER; THE
UNKNOWN SPOUSE OF TERRY
HAYWARD SHULER; UNKNOWN
TENANT 1; UNKNOWN TENANT 2;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH OR UNDER
ANY DEFENDANTS NAMED HEREIN
Defendants
/
MOTION FOR SUMMARY JUDGMENT
ON VERIFIED COMPLAINT
Plaintiffs, ROBERT E GRIMES and CAROLYN E GRIMES (herein “Plaintiffs”), by
and through the undersigned attorney, and pursuant to Rule 1.500 (e), Fla. R. Civ. P., move for
Summary Judgment against the sole remaining Defendant, TERRY HAYWARD SHULER
(Herein “Defendant” and/or “Obligor”) and in support thereof state as follows:
1 The Defendant TERRY HAYWARD SHULER was duly served with the
Summons and Complaint as evidenced by the Return of Service which is located in the Court file.
2. Within the time required for a responsive pleading, the Defendant mailed a letter
to the Plaintiff's attorney, but did not file anything with the Court.
3 Upon Motion by Plaintiff and after hearing, the Court Defaulted the Defendant.
4 All remaining defendants in this case have been dropped as parties as evidenced
by the Notice of Dropping Parties located within the Court file.
5 The Note and Mortgage are in default and Plaintiff's rights therein are superior to
any right, title, interest or claim of all Defendants and all persons or entities claiming by, through
or under any of the Defendants.
6 All conditions, precedent to the bringing of this action have been performed,
have occurred, or have been waived by Plaintiffs and/or the Obligor.
7 Defendant, TERRY HAYWARD SHULER, holds possession of the mortgaged
property.
8 The Promissory Note sued upon by Plaintiffs constitutes a valid debt of
Defendant, and the Mortgage held by Plaintiffs constitutes a valid lien on the property of
Defendant, and is evidence of the obligation due from the Obligor to Plaintiffs (the
“Obligation”).
9. The Obligation is currently in a state of acceleration following Notice (the
“Demand Letter”) provided to the Obligor such that it is currently due and owing. On November
8, 2020, the Obligation was the subject of a letter requesting payments to be brought current
within twenty one (21) days. As a result of defaults more fully referenced in the Demand Letter,
Plaintiffs have deemed themselves insecure and have therefore accelerated and demanded
payment of the full amount of the Obligation.
10. The Obligation additionally includes the Obligor’s liability for reimbursement of
Plaintiffs’ attorney’s fees, court costs, and related compensable expenses incurred in prosecuting
and enforcing its rights and remedies pursuant to the Promissory Note and Mortgage, including
attorneys’ fees and costs paid by Plaintiffs to the undersigned counsel as compensation and
reimbursement for its efforts to enforce the Promissory Note.
11. Also, attached to this Motion are the following affidavits (‘Affidavits’) which
establish the indebtedness of the Defendant to Plaintiff.
a. Affidavit of Indebtedness;
b. Affidavit of Non-Military Service for Defendant
TERRY HAYWARD SHULER;
c. Affidavit of Attorney as to Attorney’s Fees and Costs; and
d, Affidavit of Attorney’s Fees.
12. The Promissory Note and Mortgage granted Plaintiffs a security interest and lien
on the real property located in Leon County, Florida, and described above, to secure the
Obligation. Plaintiffs have properly perfected their security interests and liens encumbering the
Mortgaged Property to the extent necessary to foreclose or otherwise enforce their security
interests and liens. However, Plaintiffs are not obligated to enforce their security interests and
liens on the Mortgaged Property as a condition precedent to proceeding in personam against the
Obligor as maker and obligated party pursuant to the Promissory Note and Mortgage.
13. The pleadings together with the Affidavits and Exhibit attached hereto and those
which may be filed hereafter establish that there are no genuine issues as to any material facts.
The terms of the Promissory Note and Mortgage establish Defendant’s obligations, and the
attached Affidavits establish the default and amounts due. The calculation of the amounts due
simply requires a mathematical calculation, and does not involve any factual inquiry.
Accordingly, Plaintiffs are entitled to judgment as a matter of law.
14, The substantial matters of law in support of this summary judgment are:
(@) Plaintiffs’ rights in the property are superior to all Defendants.
BancFlorida v. Hayward, 689 So. 2d 1052 (Fla. 1997); Jordan v. Sayre, 24 Fla. 1, 3 So. 329
(1888); Lee v Slemons, 112 Fla. 675, 150 So. 792 (1933).
(b) The entire amount of indebtedness secured by the Mortgage is due and
collectible. LRB Holding Corp. v. Bank of America, N.A., 944 So. 2d 1113 (Fla. 3d DCA 2006);
Van Huss v, Prudential Ins. Co., 123 Fla. 20, 165 So. 896 (1936).
(©) Plaintiffs are entitled to collect attorney’s fees, costs, and all sums
advanced to prevent impairment of its security. Dolan v. Borregard, 466 So. 2d 11 (Fla. 4th
DCA 1985); Walker v. Senn, 376 So. 2d 410 (Fla. 1st DCA 1979).
@ The filing of a duplicate copy of the note is sufficient to satisfy statutory
requirements in a foreclosure action. Perry v. Fairbanks Capital Corp., 888 So. 2d 725 (Fla. Sth
DCA 2004). Accordingly, filing a duplicate copy of the mortgage securing the note is also
sufficient. Id at 726.
©) Plaintiffs intend to rely on the general law of the State of Florida relating
to enforcement of instruments, including applicable statutes.
WHEREFORE, Plaintiff requests the following:
That this Court enter a Final Judgment in favor of Plaintiffs and against Defendant,
TERRY HAYWARD SHULER, for principal, interest, fees, costs, as well as attorney’s fees,
reestablish the loan documents, and to grant any other relief the Court deems appropriate.
Dated this 21° day of February, 2022.
Respectfully submitted,
Henry Lee Miller Jr.
Henry Lee. Miller, Jr.
FL Bar #580325
2917 Falling Waters Way
Tallahassee, Florida 32309
(850) 329-2480 Phone
(850) 391-5862 Fax
1 e-mail millerhe2000@gmail.com
2 e-mail millerhe_2000@yahoo.com
Attorney for Plaintiffs
Robert E Grimes and Carolyn E Grimes
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this notice has been served in
conjunction with the aforementioned responses to Defendant via U.S. Mail at 1816 Rivers Road
Tallahassee, Florida 32305 this 21st day of February, 2022.
Henry Lee Miller Jr.
Attorney at Law
IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,
IN AND FOR LEON COUNTY, FLORIDA
ROBERT E GRIMES,
CAROLYN E GRIMES
Plaintiffs CASE NO, 2021 CA 001244
v.
TERRY HAYWARD SHULER; THE
UNKNOWN SPOUSE OF TERRY
HAYWARD SHULER; UNKNOWN
TENANT 1; UNKNOWN TENANT 2;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH OR UNDER
ANY DEFENDANTS NAMED HEREIN
ts
/
AKEIDAVIT
OF INDEBTEDNESS
STATE OF FLORIDA
COUNTY OF LEON
On this day personally appeared before me, the undersigned authority, ROBERT E. GRIMES and
CAROLYN E. GRIMES who being first duly sworn depose and say:
1 They are the Plaintiffs in the above-captioned matter and as such are authorized to make this
affidavit.
2. The statements made herein
are made upon their
own personal knowledge.
3 Plaintiffs are the owners and holders of the Note and Mortgage (Loan Documents) described
in the Complaint, which are the subject of this action, and were entitled to enforce the Loan
Documents prior to the Note being lost as described in an Affidavit of Lost Note filed in this matter.
4. The aforesaid Loan Documents are in default by reason, among other things, of the failure of
the Defendant to make timely payments as required by the Loan Documents, which sum has not
been paid as of the date of this Affidavit.
5 Plaintiffs have retained attorney Henry Lee Miller, Jr. (‘Attorney’) to represent them in this
action and are obligated to pay Attorney a reasonable fee for services rendered in this lawsuit.
6. Defendant owes the Plaintiffs the following amounts:
Principal due on the Note and Mortgage as of October 15, 2021 $40,762.18
Default Interest due on the Note and Mortgage as of October 15, 2021 $9,581.90
(715 days @ $13.40
per diem at default rate of 12%)
Late charges due on the Note and Mortgage as of October 15, 2021 $0.00
TOTAL AMOUNT DUE ON NOTE AND MORTGAGE $50,344.08
Plus Interest after October 15, 2021, at the rate of $13.40 per day
COSTS $769.72
Filing Fee-Foreclosure (FS 28.241) $400.00
Lis Pendens Fee (FS 28.24) $9.00
Title Search Fee $250.00
Service Fee Nolan Process (2) $55.00
Summons (4) (FS 28.241) $40.00
Convenience fees for online filing $15.72
Attorney’s Fee (Flat Fee): $3,500.00
TOTAL COSTS UNDER LOAN DOCUMENTS $4,269.72
TOTAL INDEBTEDNESS $54,613.80
FURTHER AFFIANTS SAYETH NAUGHT.
BY _hbeae ~
ROBERT E GRIMES, PLAINTIFF
State of Florida
County of Leon
The joreegins ins! trument was sworn to and acknowledged before me this 267
ra day of
2021 by Robert E Grimes. Such person:
is personally known tome awd Pdystaiy Pres
() produced a current Florida driver license as identification
() produced as identification
as JAMES EUGENE KELLEY, JR.
Commission
# GG 351478
Expiresduly 12, 2023
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State of Florida
County of Leon
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2021 by Carolyn E Grimes. Such person:
(37 _ is personally known to me awd ply scart, Paes?
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IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,
IN AND FOR LEON COUNTY, FLORIDA
ROBERT E GRIMES,
CAROLYN E GRIMES
Plaintiffs CASE NO. 2021 CA 001244
Vv.
TERRY HAYWARD SHULER; THE
UNKNOWN SPOUSE OF TERRY
HAYWARD SHULER; UNKNOWN
TENANT 1; UNKNOWN TENANT 2;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH OR UNDER
ANY DEFENDANTS NAMED HEREIN
Defendants
/
AFFIDAVIT OF ATT! % ES
STATE OF FLORIDA )
COUNTY OF LEON )
BEFORE ME, the undersigned authority, this day personally appeared Jeffrey H. Savlov,
Esq., who, after being first duly sworn on oath, deposes and says:
1 Affiant is a practicing attorney at law in the Second Judicial Circuit of the state of
Florida.
Affiant has been practicing law since f 15 :
Affiant is familiar with the fees ordinarily charged and allowed in this circuit.
4 Affiant has examined the file and discussed the above-styled cause with counsel
and, in Affiant’s opinion, a reasonable fee that should be allowed the attorney, Henry Lee Miller,
Jr., in this cause is the sum of $3,500.00 (FLAT FEE) is a reasonable amount to have billed on
this cause.
5 Affiant has considered and evaluated the eight factors set forth in Rule 4-1.5 of
the Rules Regulating the Florida Bar.
6 Affiant has considered those factors that merit a reduction or enhancement of the
attorney’s fees in this case, if any.
7
All factors considered, Affiant is of the opinion that a reasonable attomey’s fee of
$3,500.00 should be awarded to Henry Lee Miller, Jr. for his services in this cause.
FURTHER AFFIANT SAYETH NAUGHT.
CO
rdy H. Sulev
Altorney at Law
1020 E. Lafayette St., Suite 108
Tallahassee, FL 32301
(850) 222-3886
fax: (850) 222-1732
jeff@flaeminentdomain.com
STATE OF FLORIDA )
COUNTY OF LEON )
SWORN TO and subscribed before me on this 10" day of December , 2021 » by. Jeffrey
H. Savlov, who is o personally known to me, or'ghas produced oh
(AY \W2) ti RSL, as
identification.
(Stamp Name, Commission # and Expiration below)
>
BARBARA JEAN LANE
Notary Public - State of Florida
Commission #
So ee" My Comm, Expires HHOct 188035
18,
Bonded through National Notary 2025
Assn,
IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,
IN AND FOR LEON COUNTY, FLORIDA
ROBERT E GRIMES,
CAROLYN E GRIMES
Plaintiffs CASE NO. 2021 CA 001244
Vv,
TERRY HAYWARD SHULER; THE
UNKNOWN SPOUSE OF TERRY
HAYWARD SHULER; UNKNOWN
TENANT 1; UNKNOWN TENANT 2;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH OR UNDER
ANY DEFENDANTS NAMED HEREIN
Defendants
/
AFFIDAVIT OF ATTORNEY AS TO
ATTO! °S FEES AND COSTS
STATE OF FLORIDA )
COUNTY OF LEON )
BEFORE ME, the undersigned authority, personally appeared Henry Lee Miller, Jr., the
attorney for Plaintiff, Tampa Palms Financial Services, in the above-referenced action, who upon
first being duly sworn, deposes and states:
1 He is the attorney for Plaintiff in the above-referenced action.
2. That time expended and fees charged, and time to be expended and fees to be charged, along
with costs expended by Plaintiff's counsel in this matter are as itemized on the attached billing
summary.
3 That the statements made herein are based on personal knowledge and not on mere
information and belief
Dated this 10'" day of December 2021.
[AFFIANT SIGNATURE AND NOTARY ACKNOWLEDGMENT
ON FOLLOWING PAGE]
MM
FURTHER AFFIANT SAYETH NAUGHT,
HENRY LEE MILLER, JR.,
Attorney al Law
SWORN TO and subscribed before me on this 10" day of December, 2021, by Henry Lee
Miller Jr., Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E
GRIMES.
&] Personally Known
(Produced Notary Public, State of Fl ida
as identification (Stamp Name, Commission # and Expiration below)
gee.
e
JEAN LANE
Notary Public - State of Florida
Commisston # HH 188035
SPoree fo ‘My Comm, Expires Oct 18, 2025
Bonded through National Notary Assn.
Hear Lee Miller, Ir
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IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT,
IN AND FOR LEON COUNTY, FLORIDA
ROBERT E GRIMES,
CAROLYN E GRIMES
Plaintiffs CASE NO. 2021 CA 001244
v.
TERRY HAYWARD SHULER; THE
UNKNOWN SPOUSE OF TERRY
HAYWARD SHULER; UNKNOWN
TENANT 1; UNKNOWN TENANT 2;
AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH OR UNDER
ANY DEFENDANTS NAMED HEREIN
Defendants
/
AFFIDAVIT
NON-MILITARY
AS TO SERVICE
STATE OF FLORIDA )
COUNTY OF LEON )
On this day personally appeared before me, the undersigned authority, Henry Lee
Miller, Jr., Attorney at Law, who being first duly swom deposes and states:
1 Affiant is the attorney of record for Plaintiff in the above-captioned matter and is
authorized to make this affidavit on its behalf.
2 The statements made herein are made upon his own personal knowledge.
3 To the best of Affiant’s knowledge and belief, Defendant, TERRY HAYWARD
SHULER is and has been over the age of eighteen years at all times since the filing of this lawsuit.
4 To the best of Affiant’s knowledge and belief, the Defendant has not been on active
duty with the military services of the United States of America since the filing of this lawsuit (see
Military Status Report from Department of Defense Manpower Data Center, attached.)
[AFFIANT SIGNATURE AND NOTARY ACKNOWLEDGMENT
ON FOLLOWING PAGE]
FURTHER AFFIANT SAYETH NAUGHT.
HENRY L
tal,
MILLER, JR..
Attorney at Law
SWORN TO and subscribed before me on this 10" day of December, 2021, by Henry Lee
Miller Jr., Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E
GRIMES.
(1 Personally Known
Produced Notary Public, State of Florida
as identification {Stamp Name, Commission # and Expiration below)
2
ne BARBARA JEAN LANE
ait
Gs 2, Notary Public - State of Florida
Commission # HH 188035
Oy Comm, Exptres Oct 18, 2025
Bonded through National Notary Assn
Department of Defense Manpower Data Center Roowinte ae ots Oee-t9-2024 1230.42 9
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be Pursuant to Servicemembers Civil Relief Act
Cane
SSN:
Birth Date: Nov-XX-1963
Last Name: TERRY
First Name: HAYWARD
Middle Name: SHULER
Status As Of: Dec-10-2021
Certificate ID: BBP9GWFGMHGBJ3C
‘Ge Acting Ouly On Activa Oury Siaius Date
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Upon searching the data banks of the Denar { Datense Manpower Data Center, based on tha information that you provided, the above is the status of
branches of the Unitormied Services (Army, Navy, Marina Coms, Ait Force, NOAA, Pub i¢ Haaith, anc
tha individual on the active duty status date as to
Coast Guard). This status include: formation dn a ‘arvicamember or his/her unit receiving notification of future orders 10 tapart for Asti Duty.
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER GANNOT AUTHORITATIVELY
ASSERT THAT THIS {S THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME ANO DATE OF SIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL,
Wahl
NM Semele
Michaet V. Sarrento, rector
Dgnadment of Defense - Manpower Data Center
409 Gigiing Ru.
Seaside, CA 93985
‘The Defense Manpower Data Center (MDC) is an organizationof the Department of Defense (DoD) thal maintains the Detense Enrollment and Eligibility
Reporting System (DEERS) database which is the offidal source of data on oligibitity for military medical care and other allgibillty systems,
The DoD strongly supports the enforcement of the Servicemembers Civil Reliel Act (50 USC App. § 3801 et seq, as amended) (SCRA) (lormerly known a8
the Soldiers’ and Saltors’ Civil Rallat Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that tha
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, frlend, or representative asserts tn 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 (035) via this URL: hitps://scra.dmde.osd.mil/scra/#/ags. If you have evidence the person
was cn active duty for tha active duty status date and you fail to obtain this additional Service varification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response raflacts th following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the Individual left Active
Duty status within 387 days preceding the Active Duty Status Date (3) Whather the Individual or his/her unit received early notification to raport for active
duty on the Active Duty Status Dats.
More information on “Active Duty Status"
Active duty status as reported in this cartificate Is dafined In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods toss:
than 30 consecutive days in length were avalable, in the case of a member of the National Guard, this includes service under @ call to active service
authorized by the Prasident or the Secretary of Dafense under 32 USC § 502(f} for purposes of responding to a national emergency daclarad by the
President and supported by Federal funds. All Active Guard Reserve (AGA) members must be assigned against an authorized mobilization position in the
‘unit thay support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (AAs) 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 Nationa! Oceanic and Atmospharic Administration (NOAA Commissioned Corps).
Coverage Under the SCRA Is Broader in Some Cases
Coverage under the SCRA Is broadsr in some cases and Includes some catagoriss of persons on active duty for purpeses 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 Uniformad Services pertods.
Titla 32 periods cf Active Duty ara 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 extand SCRA protections. Persons sacking to rely on this website
certification should check to maka sure the orders on which SCRA protections are based have not bean amended to extend the Inclusive dates of service.
Furthermore, some protections of tha 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. Tho Last Date on Active Duty entry Is Important because a number of protactions of tha SCRA
extend beyond the last dates of active duty.
‘Those who could rely on this certificate are urged to seek quatified legal counsel to ensure that ail 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
Filing # 144324632 E-Filed 02/21/2022 11:18:44 PM IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO, 2021 CA 001244 Vv. TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / MOTION FOR SUMMARY JUDGMENT ON VERIFIED COMPLAINT Plaintiffs, ROBERT E GRIMES and CAROLYN E GRIMES (herein “Plaintiffs”), by and through the undersigned attorney, and pursuant to Rule 1.500 (e), Fla. R. Civ. P., move for Summary Judgment against the sole remaining Defendant, TERRY HAYWARD SHULER (Herein “Defendant” and/or “Obligor”) and in support thereof state as follows: 1 The Defendant TERRY HAYWARD SHULER was duly served with the Summons and Complaint as evidenced by the Return of Service which is located in the Court file. 2. Within the time required for a responsive pleading, the Defendant mailed a letter to the Plaintiff's attorney, but did not file anything with the Court. 3 Upon Motion by Plaintiff and after hearing, the Court Defaulted the Defendant. 4 All remaining defendants in this case have been dropped as parties as evidenced by the Notice of Dropping Parties located within the Court file. 5 The Note and Mortgage are in default and Plaintiff's rights therein are superior to any right, title, interest or claim of all Defendants and all persons or entities claiming by, through or under any of the Defendants. 6 All conditions, precedent to the bringing of this action have been performed, have occurred, or have been waived by Plaintiffs and/or the Obligor. 7 Defendant, TERRY HAYWARD SHULER, holds possession of the mortgaged property. 8 The Promissory Note sued upon by Plaintiffs constitutes a valid debt of Defendant, and the Mortgage held by Plaintiffs constitutes a valid lien on the property of Defendant, and is evidence of the obligation due from the Obligor to Plaintiffs (the “Obligation”). 9. The Obligation is currently in a state of acceleration following Notice (the “Demand Letter”) provided to the Obligor such that it is currently due and owing. On November 8, 2020, the Obligation was the subject of a letter requesting payments to be brought current within twenty one (21) days. As a result of defaults more fully referenced in the Demand Letter, Plaintiffs have deemed themselves insecure and have therefore accelerated and demanded payment of the full amount of the Obligation. 10. The Obligation additionally includes the Obligor’s liability for reimbursement of Plaintiffs’ attorney’s fees, court costs, and related compensable expenses incurred in prosecuting and enforcing its rights and remedies pursuant to the Promissory Note and Mortgage, including attorneys’ fees and costs paid by Plaintiffs to the undersigned counsel as compensation and reimbursement for its efforts to enforce the Promissory Note. 11. Also, attached to this Motion are the following affidavits (‘Affidavits’) which establish the indebtedness of the Defendant to Plaintiff. a. Affidavit of Indebtedness; b. Affidavit of Non-Military Service for Defendant TERRY HAYWARD SHULER; c. Affidavit of Attorney as to Attorney’s Fees and Costs; and d, Affidavit of Attorney’s Fees. 12. The Promissory Note and Mortgage granted Plaintiffs a security interest and lien on the real property located in Leon County, Florida, and described above, to secure the Obligation. Plaintiffs have properly perfected their security interests and liens encumbering the Mortgaged Property to the extent necessary to foreclose or otherwise enforce their security interests and liens. However, Plaintiffs are not obligated to enforce their security interests and liens on the Mortgaged Property as a condition precedent to proceeding in personam against the Obligor as maker and obligated party pursuant to the Promissory Note and Mortgage. 13. The pleadings together with the Affidavits and Exhibit attached hereto and those which may be filed hereafter establish that there are no genuine issues as to any material facts. The terms of the Promissory Note and Mortgage establish Defendant’s obligations, and the attached Affidavits establish the default and amounts due. The calculation of the amounts due simply requires a mathematical calculation, and does not involve any factual inquiry. Accordingly, Plaintiffs are entitled to judgment as a matter of law. 14, The substantial matters of law in support of this summary judgment are: (@) Plaintiffs’ rights in the property are superior to all Defendants. BancFlorida v. Hayward, 689 So. 2d 1052 (Fla. 1997); Jordan v. Sayre, 24 Fla. 1, 3 So. 329 (1888); Lee v Slemons, 112 Fla. 675, 150 So. 792 (1933). (b) The entire amount of indebtedness secured by the Mortgage is due and collectible. LRB Holding Corp. v. Bank of America, N.A., 944 So. 2d 1113 (Fla. 3d DCA 2006); Van Huss v, Prudential Ins. Co., 123 Fla. 20, 165 So. 896 (1936). (©) Plaintiffs are entitled to collect attorney’s fees, costs, and all sums advanced to prevent impairment of its security. Dolan v. Borregard, 466 So. 2d 11 (Fla. 4th DCA 1985); Walker v. Senn, 376 So. 2d 410 (Fla. 1st DCA 1979). @ The filing of a duplicate copy of the note is sufficient to satisfy statutory requirements in a foreclosure action. Perry v. Fairbanks Capital Corp., 888 So. 2d 725 (Fla. Sth DCA 2004). Accordingly, filing a duplicate copy of the mortgage securing the note is also sufficient. Id at 726. ©) Plaintiffs intend to rely on the general law of the State of Florida relating to enforcement of instruments, including applicable statutes. WHEREFORE, Plaintiff requests the following: That this Court enter a Final Judgment in favor of Plaintiffs and against Defendant, TERRY HAYWARD SHULER, for principal, interest, fees, costs, as well as attorney’s fees, reestablish the loan documents, and to grant any other relief the Court deems appropriate. Dated this 21° day of February, 2022. Respectfully submitted, Henry Lee Miller Jr. Henry Lee. Miller, Jr. FL Bar #580325 2917 Falling Waters Way Tallahassee, Florida 32309 (850) 329-2480 Phone (850) 391-5862 Fax 1 e-mail millerhe2000@gmail.com 2 e-mail millerhe_2000@yahoo.com Attorney for Plaintiffs Robert E Grimes and Carolyn E Grimes CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this notice has been served in conjunction with the aforementioned responses to Defendant via U.S. Mail at 1816 Rivers Road Tallahassee, Florida 32305 this 21st day of February, 2022. Henry Lee Miller Jr. Attorney at Law IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO, 2021 CA 001244 v. TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN ts / AKEIDAVIT OF INDEBTEDNESS STATE OF FLORIDA COUNTY OF LEON On this day personally appeared before me, the undersigned authority, ROBERT E. GRIMES and CAROLYN E. GRIMES who being first duly sworn depose and say: 1 They are the Plaintiffs in the above-captioned matter and as such are authorized to make this affidavit. 2. The statements made herein are made upon their own personal knowledge. 3 Plaintiffs are the owners and holders of the Note and Mortgage (Loan Documents) described in the Complaint, which are the subject of this action, and were entitled to enforce the Loan Documents prior to the Note being lost as described in an Affidavit of Lost Note filed in this matter. 4. The aforesaid Loan Documents are in default by reason, among other things, of the failure of the Defendant to make timely payments as required by the Loan Documents, which sum has not been paid as of the date of this Affidavit. 5 Plaintiffs have retained attorney Henry Lee Miller, Jr. (‘Attorney’) to represent them in this action and are obligated to pay Attorney a reasonable fee for services rendered in this lawsuit. 6. Defendant owes the Plaintiffs the following amounts: Principal due on the Note and Mortgage as of October 15, 2021 $40,762.18 Default Interest due on the Note and Mortgage as of October 15, 2021 $9,581.90 (715 days @ $13.40 per diem at default rate of 12%) Late charges due on the Note and Mortgage as of October 15, 2021 $0.00 TOTAL AMOUNT DUE ON NOTE AND MORTGAGE $50,344.08 Plus Interest after October 15, 2021, at the rate of $13.40 per day COSTS $769.72 Filing Fee-Foreclosure (FS 28.241) $400.00 Lis Pendens Fee (FS 28.24) $9.00 Title Search Fee $250.00 Service Fee Nolan Process (2) $55.00 Summons (4) (FS 28.241) $40.00 Convenience fees for online filing $15.72 Attorney’s Fee (Flat Fee): $3,500.00 TOTAL COSTS UNDER LOAN DOCUMENTS $4,269.72 TOTAL INDEBTEDNESS $54,613.80 FURTHER AFFIANTS SAYETH NAUGHT. BY _hbeae ~ ROBERT E GRIMES, PLAINTIFF State of Florida County of Leon The joreegins ins! trument was sworn to and acknowledged before me this 267 ra day of 2021 by Robert E Grimes. Such person: is personally known tome awd Pdystaiy Pres () produced a current Florida driver license as identification () produced as identification as JAMES EUGENE KELLEY, JR. Commission # GG 351478 Expiresduly 12, 2023 tg Tou Es BY? 1D Cc ‘AROWN E ea PLAINTIFF State of Florida County of Leon Geral peiinstru ment was sworn to and acknowledged before me this26 AO day "da of 2021 by Carolyn E Grimes. Such person: (37 _ is personally known to me awd ply scart, Paes? 0) produced a current Florida driver license as identification ) produced, as identification ,, JAMES EUGENE KELLEY, JR, ha Commission # GG.351478. Bondad Teoy Fein tesuranco 600-988-7019 ss hk tae Un deaf ha ey ns ie ot “ ie wilt 2 mh fie Gill 9 anEe vi at a a o fy TiLit it e Sif iy a 3 ad Le oy a2 wy thay at rr a Ua we fot ae de wt if we AD Stata ah -E Lai HA yi Ht; %% shed sil Mes tf i RT ACH et roeememanamatt cease AL B.LI9A MIOUE BIA, - ayete 0G sasiee’ « EX St viol evrgsd *t: a 1a Sea aa tee il? Hist i RUG o det cist wat be he ee a2 HE 9 t a ety na ii ari we we “re. a iby he “a 224591 IM3OU3 23MAL ZB zr ae abi aly ie G eid ‘peedae 0 Sac immo) esqncgh it ssa ates: ako: arate wa ort = IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO. 2021 CA 001244 Vv. TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / AFFIDAVIT OF ATT! % ES STATE OF FLORIDA ) COUNTY OF LEON ) BEFORE ME, the undersigned authority, this day personally appeared Jeffrey H. Savlov, Esq., who, after being first duly sworn on oath, deposes and says: 1 Affiant is a practicing attorney at law in the Second Judicial Circuit of the state of Florida. Affiant has been practicing law since f 15 : Affiant is familiar with the fees ordinarily charged and allowed in this circuit. 4 Affiant has examined the file and discussed the above-styled cause with counsel and, in Affiant’s opinion, a reasonable fee that should be allowed the attorney, Henry Lee Miller, Jr., in this cause is the sum of $3,500.00 (FLAT FEE) is a reasonable amount to have billed on this cause. 5 Affiant has considered and evaluated the eight factors set forth in Rule 4-1.5 of the Rules Regulating the Florida Bar. 6 Affiant has considered those factors that merit a reduction or enhancement of the attorney’s fees in this case, if any. 7 All factors considered, Affiant is of the opinion that a reasonable attomey’s fee of $3,500.00 should be awarded to Henry Lee Miller, Jr. for his services in this cause. FURTHER AFFIANT SAYETH NAUGHT. CO rdy H. Sulev Altorney at Law 1020 E. Lafayette St., Suite 108 Tallahassee, FL 32301 (850) 222-3886 fax: (850) 222-1732 jeff@flaeminentdomain.com STATE OF FLORIDA ) COUNTY OF LEON ) SWORN TO and subscribed before me on this 10" day of December , 2021 » by. Jeffrey H. Savlov, who is o personally known to me, or'ghas produced oh (AY \W2) ti RSL, as identification. (Stamp Name, Commission # and Expiration below) > BARBARA JEAN LANE Notary Public - State of Florida Commission # So ee" My Comm, Expires HHOct 188035 18, Bonded through National Notary 2025 Assn, IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO. 2021 CA 001244 Vv, TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / AFFIDAVIT OF ATTORNEY AS TO ATTO! °S FEES AND COSTS STATE OF FLORIDA ) COUNTY OF LEON ) BEFORE ME, the undersigned authority, personally appeared Henry Lee Miller, Jr., the attorney for Plaintiff, Tampa Palms Financial Services, in the above-referenced action, who upon first being duly sworn, deposes and states: 1 He is the attorney for Plaintiff in the above-referenced action. 2. That time expended and fees charged, and time to be expended and fees to be charged, along with costs expended by Plaintiff's counsel in this matter are as itemized on the attached billing summary. 3 That the statements made herein are based on personal knowledge and not on mere information and belief Dated this 10'" day of December 2021. [AFFIANT SIGNATURE AND NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE] MM FURTHER AFFIANT SAYETH NAUGHT, HENRY LEE MILLER, JR., Attorney al Law SWORN TO and subscribed before me on this 10" day of December, 2021, by Henry Lee Miller Jr., Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E GRIMES. &] Personally Known (Produced Notary Public, State of Fl ida as identification (Stamp Name, Commission # and Expiration below) gee. e JEAN LANE Notary Public - State of Florida Commisston # HH 188035 SPoree fo ‘My Comm, Expires Oct 18, 2025 Bonded through National Notary Assn. Hear Lee Miller, Ir Attocny 294 ving Water Ww ay Tal hi sen, # 3 py ne BSO D2 BO aa Ae : 3 See os- o e is oe Robert Grimes fe sty see enicdad Carolyn Rimes oe o ss ss sat “ay a) - 2 bs oo lee o i ings Asse $769.62 AMES ‘oreclosure 4i HG z Fe Bor rsure ci eh at} ” ge 10 Jon: Off if (BS. i 4) 3} 98.00 yi ai $55. 6 Ser ce Ke lan Process 5} 0.00 mons (4) HY) 6) SL 72 Convenience f online Ming, Vi at ‘y 3,500.00 Per Agreement far 8 IN THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA ROBERT E GRIMES, CAROLYN E GRIMES Plaintiffs CASE NO. 2021 CA 001244 v. TERRY HAYWARD SHULER; THE UNKNOWN SPOUSE OF TERRY HAYWARD SHULER; UNKNOWN TENANT 1; UNKNOWN TENANT 2; AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH OR UNDER ANY DEFENDANTS NAMED HEREIN Defendants / AFFIDAVIT NON-MILITARY AS TO SERVICE STATE OF FLORIDA ) COUNTY OF LEON ) On this day personally appeared before me, the undersigned authority, Henry Lee Miller, Jr., Attorney at Law, who being first duly swom deposes and states: 1 Affiant is the attorney of record for Plaintiff in the above-captioned matter and is authorized to make this affidavit on its behalf. 2 The statements made herein are made upon his own personal knowledge. 3 To the best of Affiant’s knowledge and belief, Defendant, TERRY HAYWARD SHULER is and has been over the age of eighteen years at all times since the filing of this lawsuit. 4 To the best of Affiant’s knowledge and belief, the Defendant has not been on active duty with the military services of the United States of America since the filing of this lawsuit (see Military Status Report from Department of Defense Manpower Data Center, attached.) [AFFIANT SIGNATURE AND NOTARY ACKNOWLEDGMENT ON FOLLOWING PAGE] FURTHER AFFIANT SAYETH NAUGHT. HENRY L tal, MILLER, JR.. Attorney at Law SWORN TO and subscribed before me on this 10" day of December, 2021, by Henry Lee Miller Jr., Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E GRIMES. (1 Personally Known Produced Notary Public, State of Florida as identification {Stamp Name, Commission # and Expiration below) 2 ne BARBARA JEAN LANE ait Gs 2, Notary Public - State of Florida Commission # HH 188035 Oy Comm, Exptres Oct 18, 2025 Bonded through National Notary Assn Department of Defense Manpower Data Center Roowinte ae ots Oee-t9-2024 1230.42 9 gona sat Ry We iBie ni Status Report a be Pursuant to Servicemembers Civil Relief Act Cane SSN: Birth Date: Nov-XX-1963 Last Name: TERRY First Name: HAYWARD Middle Name: SHULER Status As Of: Dec-10-2021 Certificate ID: BBP9GWFGMHGBJ3C ‘Ge Acting Ouly On Activa Oury Siaius Date 0 Duty Start Date 2 City Ene Dato ‘Seatus Bonica Borpanaat wa uo Na “Tha rerponse rofinels tha maivigualy’ tive duly atoaus asad on the Acta Ouiy States Data W Aativa Duzp Win GAT Daya OF Active Quay Statue Ome Active Quy Stan Date ‘Aztes Duty Bog Data ‘ie a T{ orien Companont es Ne t Na Tas apnea ratoctg whoro Oi fact ety eta within JOY ony precaring ta Activa Buty Sratus Date We Marte a i Ue Netfidof a Futura Cal-ilp to Astra Ouiyon Aciva Duty Bualus Date itzalion Star Oate Craige icavsn Era ala ‘args Componant ma we a vyperse rooecs # ma eee jor far ot unt Ras eanived nary eve say Upon searching the data banks of the Denar { Datense Manpower Data Center, based on tha information that you provided, the above is the status of branches of the Unitormied Services (Army, Navy, Marina Coms, Ait Force, NOAA, Pub i¢ Haaith, anc tha individual on the active duty status date as to Coast Guard). This status include: formation dn a ‘arvicamember or his/her unit receiving notification of future orders 10 tapart for Asti Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER GANNOT AUTHORITATIVELY ASSERT THAT THIS {S THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME ANO DATE OF SIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL, Wahl NM Semele Michaet V. Sarrento, rector Dgnadment of Defense - Manpower Data Center 409 Gigiing Ru. Seaside, CA 93985 ‘The Defense Manpower Data Center (MDC) is an organizationof the Department of Defense (DoD) thal maintains the Detense Enrollment and Eligibility Reporting System (DEERS) database which is the offidal source of data on oligibitity for military medical care and other allgibillty systems, The DoD strongly supports the enforcement of the Servicemembers Civil Reliel Act (50 USC App. § 3801 et seq, as amended) (SCRA) (lormerly known a8 the Soldiers’ and Saltors’ Civil Rallat Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that tha 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, frlend, or representative asserts tn 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 (035) via this URL: hitps://scra.dmde.osd.mil/scra/#/ags. If you have evidence the person was cn active duty for tha active duty status date and you fail to obtain this additional Service varification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response raflacts th following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the Individual left Active Duty status within 387 days preceding the Active Duty Status Date (3) Whather the Individual or his/her unit received early notification to raport for active duty on the Active Duty Status Dats. More information on “Active Duty Status" Active duty status as reported in this cartificate Is dafined In accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods toss: than 30 consecutive days in length were avalable, in the case of a member of the National Guard, this includes service under @ call to active service authorized by the Prasident or the Secretary of Dafense under 32 USC § 502(f} for purposes of responding to a national emergency daclarad by the President and supported by Federal funds. All Active Guard Reserve (AGA) members must be assigned against an authorized mobilization position in the ‘unit thay support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (AAs) 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 Nationa! Oceanic and Atmospharic Administration (NOAA Commissioned Corps). Coverage Under the SCRA Is Broader in Some Cases Coverage under the SCRA Is broadsr in some cases and Includes some catagoriss of persons on active duty for purpeses 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 Uniformad Services pertods. Titla 32 periods cf Active Duty ara 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 extand SCRA protections. Persons sacking to rely on this website certification should check to maka sure the orders on which SCRA protections are based have not bean amended to extend the Inclusive dates of service. Furthermore, some protections of tha 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. Tho Last Date on Active Duty entry Is Important because a number of protactions of tha SCRA extend beyond the last dates of active duty. ‘Those who could rely on this certificate are urged to seek quatified legal counsel to ensure that ail 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.