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Filing # 14070231 Electronically Filed 05/27/2014 09:44:10 AM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA
CIVIL DIVISION
Deutsch Bank National Trust Company, as Trustee,
in Trust for Registered Holders of Long Beach
Mortgage Loan Trust 2006-10, Asset-Backed
Certificates, Series 2006-10 Case #: 2014-CA-000228
Plaintiff,
Vs.
Anthony Smith and Gwendolyn Smith, Husband
and Wife; et al.
Defendant(s).
|OTICE OF FILING
PLAINTIFF, Deutsch Bank National Trust Company, as Trustee, in Trust for Registered
Holders of Long Beach Mortgage Loan Trust 2006-10, Asset-Backed Certificates, Series 2006-10,
hereby gives Notice of Filing of: Affidavit of Military Service.
rg
CERTIFICATE OF SERVICE
REBY C that a true copy of the above and foregoing Notice of Filing was mailed
on this iday of 2014, by U.S. Mail and email service if an email address
is so listed below to the follow{ng:
Anthony Smith, 4108 Park Place Road, Marianna, FL 32446
Gwendolyn Smith, 4108 Park Place Road, Marianna, FL 32446
Unknown Parties in Possession #1 n/k/a Marleana Smith, 4108 Park Place Road, Marianna, FL 32446
*Pursuant to Fla. R. Jud. Admin. 2.516(b)(1)(A), Plaintiffs counsel hereby
designates its primary email address for the purposes of email service as:
SFGTampaService@logs.com*
SHAPIRO, FISHMAN & GACHE, LLP
Attomeys for Plaintiff
4630 Woodland Corporate Blvd., Ste 100
Tampa, FL 33614
Telephone: 813) 880-8888
Fax; y8800
EmagQ) |@logs.com
AY Xn
AA
FL Bat
Pursuant to the Fair Debt Collections Practices Act, you are advised that this office may be deemed a debt
collector and any information obtained may be used for that purpose. 12-242011 FCO] SPS
Electronically Filed Jackson Case # 14000228CAAXMX 05/27/2014 08:44:10 AM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR JACKSON COUNTY, FLORIDA
CIVIL DIVISION
Deutsch Bank National Trust Company,
Trustee, in Trust for Registered Holders of Long
Beach Mortgage Loan Trust 2006-10, Asset-
Backed Certificates, Series 2006-10
Plaintiff, Case #: 2014-CA-000228
-Vs.-
Anthony Smith and Gwendolyn Smith,
Husband and Wife; et al
Defendant(s).
AFFIDAVIT OF MILITARY SERVICE
Affiant, counsel for the Plaintiff, files this Affidavit of Military Service, in substantial
conformance with the Florida Supreme Court Form 12.912(b) and to support its application for a
default and/or default judgment and to comply with the Servicemembers Civil Relief Act
(formerly known as Soldiers’ and Sailors’ Civil Relief act of 1940). Plaintiff's counsel hereby
swears or affirms that the following information is true
1 I know of my own personal knowledge that the Defendant, IS on active
duty in the military service of the United States.
2. I know of my own personal knowledge that Defendant, IS NOT now on
active duty in the military
mi service of the United States, nor has the Defendant been on active
military service of the United States within a period of thirty (30) days immediately before this
date. “Active Service” includes reserve members of the Army, Navy, Air Force, Coast Guard,
and Marines who have been ordered to report for active duty and members of the Florida
National Guard who have been ordered to report to active duty for a period of more than thirty
(30) days.
3. X_ A search has been conducted of the Department of Defenses Manpower
Database and information has been obtained showing that the Defendants, Anthony Smith and
Gwendolyn Smith, are not on active duty in the military service of the United States. These
certificates are attached.
4 x I have attempted to determine the military status of the Defendant.
Unknown Parties in Possession #1 n/k/a Marleana Smith, but do not have sufficient information
This is what I have done to determine whether or not Defendant is on active duty in the United
States military:_Plaintiff's counsel was unable to locate a social security number fo:
Defendant(s. Unknown Parties i sion #1 n/k/a Marleana Smith. PI iff. counsel i:
nable to run a search in the Department of Defense manpower database without a social
ecurity number.
I have no reason to believe that s/he is on active duty at this time.
FURTHER AFFIANT SAYETH NAUGHT.
IV
W\)
Ds
rN KA\ 77
STATE OF FLORIDA)
\ MARTIN
:SS
COUNTY OF HILLSBOROUGH)
FL BAR # 92862
Sworn to and subscribed before me this day of May 2014 by
2: Waetn (Affiant Name).
Personally jown ORPj uked Identification.
(Type of Identification)
|
|
NAME vr NOT.
Notary Public State of Florida
(Seal) J Davis
My Commission FF 052133
Expires 11/21/2017
12-242011 FCO1 SPS
Case No.: 2014-CA-000228
Department of Defense Manpower Data Center Results as of : May-23-2014 05:51:31 AM
SCRA30
Status Report
Pursuant to Servicemembers Civil Relief Act
Last Name: SMITH
First Name: ANTHONY
Middle Name:
Active Duty Status As Of: May-23-2014
This response al active dy statis based onthe Date
Left Active Duty Within 367 Daysof Duty Status Dato
‘Start Date Active“se Duty End Date. ServiceCe nt
NA 7
This response reflects ee Hoi oc ys 67 days preceding he Ace Duy Statue Date
‘Be Mena Unt ei afar Gina Active Duty Status Dato
Order End Date. Status ‘Service Component
‘This response reflects whether Pot hismher
uf has report
for active duty
ee
Upon searching the data banks of the Department of Defense Mant
‘| in the information that you provided, the above is 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
Yn Yh. Soar Dn
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04£25
Arlington, VA 22360
‘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. § 501 et seq, as amended) (SCRA) (formerly known as
the Soldiers’ and Sailors Civil Relief Act of 1940). OMDC 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 via the
“defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCOSSLDR.htmi. 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. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whetherthe individual left 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 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({) 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.
Certificate ID: 9ASSP9BOJOASTOO
Department of Defense Manpower Data Center Results as of : May-23-2014 05:51:56 AM
SCRA30
Status Report
Pursuantto Servicemembers Civil Relief Act
Last Name: SMITH
First Name: GWENDOLYN
Middle Name:
Active Duty Status As Of: May-23-2014
‘Qn Actve Duty On Active Duty Status Date _
"nave
buy Sua ‘Active
Duty End Date ‘Service Component
NA NA
This response. als active dt status based on the. tus Date
a
Active
Duty Start Date Service Component
= Fe
‘This response
reflects whet the individualloft days. sty Status Date
A
“The Member or His/Her Unit Was of a to Active,
Duty of Duty Status Date
_Order Notification
Start Date
=
‘This response reflects whether higher
uhit hae received
—
for active
‘Service Component
NA
Sas —
Upon searching the data banks of the Department of Defense Manp the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Unifon Ser (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
YongYh. eely- Eon.
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, 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. § 501 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 via the
“defenselink.mil" URL: http:/Avww.defenselink.mil/faq/pis/PCO9SLDR.htmi. 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. § 521(c).
This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left 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 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({) 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.
Certificate ID: HAO8E920S0A5230