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Filing # 140233026 E-Filed 12/13/2021 11:08:59 AM
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
A 2 E S
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.
flags
BY.
ROBERT E GRIMES, PLAINTIFF
State of Florida
County of Leon
The foregoing instrument was sworn to and acknowledged before me this 267
oraday of
Dede ber , 2021 by Robert E Grimes. Such person:
( is personally: known to me sre! Pf ySiorihg P1e-8)
() produced a current Florida driver license as identification
() produced as identification
c)
JAMES EUGENE KELLEY, JR.
sommission # GG 351478 Kae, ()
-apires July 12, 2023 Nowy ee) gt Florida
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; 2021 by Carolyn E Grimes. Such person:
is personally’ known to me ad ply Sietlhy Pitesee’T
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() produced. as identification
JAMES EUGENE KELLEY, JR,
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TN 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 OF ATTORNEY’S FEES
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 [ 15 .
3 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 attorney’s fee of
$3,500.00 should be awarded to Henry Lee Miller, Jr. for his services in this cause
FURTHER AFFIANT SAYETH NAUGHT
LNT CA
pet. Saviov
pee at Law
ten ELL afayette St., Suite 108
allahassee, FL 3230
(850) 222-3886
fax: (850) 2-17
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 @ personally known to me, or has produced Gv (AY WEVS
Wer Vicente
\iCens as
identification.
Gocbacoranc
steny Public, State of Florida
(Stamp Name, Commission # and Expiration below)
BARBARA JEAN LANE
Notary Public State of Florida
Comm ission 4 HH 1880
a ‘My Comm. Expires Oct 18, 352025
Hed throuigh National Notary 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
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 OF ATTORNEY AS TO
ATTORNEY'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]
FURTHER AFFIANT SAYETH NAUGHT,
LM,
HEN LEE MILLER, JR.
Attorney at Law
SWORN TO and subscribed before me on this 10" day of December, 202 by Henry Lee
Miller Jr. Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E
GRIMES
{X] Personally Known
[-] Produced
Bacharatwe
Gas Public. State of Flofida
as identification (Stamp Name, Commission # and Expiration below}
BARBARA JEAN LANE
#) Notary Public - State of Florida
Commission # HH 188035
Hy Comm. Expires Oct 18, 2025
Bonded through National Notary Assn,
Henry Lee Miller de
Attorne pat law
204 Falling Waters Way
¢fp illal S06, 32309
Phone @50 329 2480
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ttO SH INSTRUCT NS
Robert Grimes Additional Costs ifforeelosiin sale conducted
Carolyn Rimes
eees “2 =e 208 ws 2
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ne a os ei
Filing and
A jated Costs
Grimes For nek aistare
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2.
i} S400.00 Filing Fee: o 5 reclosure Cirealt Ctvit Le $241)
$9.00 Lis Pendens Fee Official Records fp 8.28. 2 a*)
3h3} $250.00 earch Fee
aay &%$5 00 Sen ice
ie Fee Jolan Proce f(2 2 }
$40.00 Summons (4) 2B.241)
6) $15.72 Convenience fees for online filing
Flat Pee
ns 3 O88 Por Agreement for Services
TOTALA COST
Tt. co S ee Sat i hod
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
/
FFID. AS TO NON! L YY SERVI
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 sworn 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 sE MILLER,
al, JR
Attorney at Law
SWORN TO and subscribed before me on this 10" day of December, 2021, by Henry Lee
Miller Attorney at Law and attorney of record for ROBERT E GRIMES and CAROLYN E
GRIMES.
{J Personally Known
Produced
Bacloccdene
Notary Public, State of Florida
as identification (Stamp Name, Commission # and Expiration below)
ginny‘i Me BARBARA JEAN LANE
Notary Public - State of Florida
* t Ey
Commission 4 HH 188035
Comm, Expires Oct 18, 2025
Bonded vbrough National Notary Assn
Department of Defense Manpower Data Center osisis nb of Owe- 10.2084 pe
SORASY
QS
Air
j
Status Report
Pursuant to Servicemembers Civil Relief Act
Ree
SSN:
Birth Date: Nov-XX-1963
Last Name: TERRY
First Name: HAYWARD
Middie Name: SHULER
Status As Of: Dee-10-2021
Certificate ID: BBPOGWFGMHGBJ3C
‘Gn Astve Buty Oo Active uty Biatus Date
‘Active Duty Stan Date Activa Duty re Date Status Sonvice Component
Na wa Ne we
Thin 13a Palacis tho indivigusia! act ‘Buly iatus aaaeaon tea Action Duly 4 Date
[nie tive Duty Vere S87 Days of Active Duty us Date
fet Ga Bate Rts ly Ba Date ‘Status Sonics Component
uA NA Ne nA
This rpspann relects wnere tre tididdunt lat wotive duty eta ‘gunn 887 ays pres 9i ‘Bat Activa Ovry 5 Bate
‘Tha Mamber ar HiyHer Unk Was Notiied of a Future Cal-Up to Active Duty en Actva Duly Status Date
‘Seger Nat Sanaa Bree on Gre Sate ‘Status Bow amponest
NA NA Ne
ig * (incividual oF halhar una han recatvad early neieation°9 p09 aetve cay
Upon searching the data banks of the Department of Delense Manpower Data Center. based on the information that you provided, the abow the Status of
the individual an the active duty status date ag te all branch ‘of the Uniformed Serv iArmy, Navy, Mak 19. Corps, Air Foy NOAA, Pubt Health, and
Coast Guard). This statu ides information en a Servicemamber or hisiher unit receiving note: fion ol ure orders to report for Active Duly.
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA GENTER CANNOT AUTHORITATIVELY
ASSEAT THAT THIS 1S THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
*
fo
Lmeribe
Michael V. Sorrento, Director
Deparment of Defense - Manpower Data Conter
agg ing Ra.
Seaside, CA 93955
The Defense Manpower Data Center (DMDC) is an organization of the Department of Datense (Dab) 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 enforcementof the Sevicemembers Civil Reliet Act (50 USC App. § 3901 at seq, as amended} (SCRA) (formerly known as
the Soldiers’ and Sailors’ Civil Ralial Act of 1940). DMDC has issued hundreds of thousands of “dogs not possess any information indicating that the
individual is currently on active duty’ responses, and has experienced only a small error rata. 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 (035) via this URL: nttpsv//scra.dmdc.osd.mil/scra/éMags. if you have evidence the person
was on active duty for the active duty status date and you fall to obtaln this additional Service verification, punitive provisions of tha SCRA may be invoked
against you. See $0 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 lett 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). Priorto 2010 only some of the active duty periods less.
than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service
authorized by the Prasident or the Secretary of Defense under 32 USC § $02(1) for purposesof responding to a national emergency deciared 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 they support, This includes Navy Training and Administration of the Reserves (TARs), Marina 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 catagories of persons on active duty far purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Tite 14 active duty records tor ail the Uniformed Services periods.
Titls 32 periods of Active Duty are not covered by SCRA, as dafined 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. Parsons seaking 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
actuaily 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 who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service mambers under the SCRA
are protected
WARNING: This certificate was provided based on a last name, SSNidate of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erronequs cerllficate to be provided.