REGIONS BANK AS SUCCESSOR BY MERGER TO ENERBANK USA VS THOMAS FLEMING; ANNE NEWTON, 23CV001920-500, 10641778 (North Carolina St., Johnston Co., District Ct. Jun. 29, 2023) (2024)

`

`Information About Servicemembers Civil Relief Act Affidavits
`
`(B)
`
`1. Plaintiff to file affidavit/declaration
`In any civil action or proceeding, including any child custody proceeding, in which the defendant
`does not make an appearance, the court, before entering judgment for the plaintiff, shall require the
`plaintiff to file with the court an affidavit-
`stating whether or not the defendant is in military service and showing necessary facts to
`(A)
`support the affidavit; or
`if the plaintiff is unable to determine whether or not the defendant is in military service,
`stating that the plaintiff is unable to determine whether or not the defendant is in military
`service.
`50 U.S.C. 3931(b)(1).
`2. Appointment of attorney to represent defendant in military service
`If in a civil action or proceeding in which the defendant does not make an appearance it appears
`that the defendant is in military service, the court may not enter a judgment until after the court
`appoints an attorney to represent the defendant. If an attorney appointed to represent a service
`member cannot locate the service member, actions by the attorney in the case shall not waive any
`defense of the service member or otherwise bind the service member. 50 U.S.C. 3931(b)(2).
`State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil
`Relief Act. To comply with the federal Violence Against Women Act and in consideration of
`G.S. 50B-2(a), 50C-2(b), and 50D-2(b), plaintiffs in Chapter 50B, Chapter 50C, and Chapter
`50D proceedings should not be required to pay the costs of attorneys appointed pursuant to the
`Servicemembers Civil Relief Act. Plaintiffs in other types of actions and proceedings may be
`required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act.
`The allowance or disallowance of the ordering of costs will require a case-specific analysis.
`
`3. Defendant's military status not ascertained by affidavit/declaration
`If based upon the affidavits filed in such an action, the court is unable to determine whether the
`defendant is in military service, the court, before entering judgment, may require the plaintiff to file
`a bond in an amount approved by the court. If the defendant is later found to be in military service,
`the bond shall be available to indemnify the defendant against any loss or damage the defendant
`may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be
`set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal
`and setting aside of a judgment under applicable Federal or State law or regulation or under any
`applicable ordinance of a political subdivision of a State. The court may issue such orders or enter
`such judgments as the court determines necessary to protect the rights of the defendant under this
`Act. 50 U.S.C. 3931(b)(3).
`
`4. Satisfaction of requirement for affidavit/declaration
`The requirement for an affidavit above may be satisfied by a statement, declaration, verification, or
`certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
`50 U.S.C. 3931(b)(4). The presiding judicial official will determine whether the submitted affidavit is
`sufficient.
`
`5. Penalty for making or using false affidavit/declaration
`A person who makes or uses an affidavit permitted under 50 U.S.C. 3931(b) (or a statement,
`declaration, verification, or certificate as authorized under 50 U.S.C. 3931(b)(4)) knowing it to be
`false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one
`year, or both. 50 U.S.C. 3931(c).
`
`AOC-G-250, Side Two, Rev. 5/21
`7T413D1
`© 2021 Administrative Office of the Courts
`
`

`

`Department of Defense Manpower Data Center
`
`Results as of
`
`Jun-29-2023 11:42:50 AM
`
`SCRA 5.16
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act
`
`XXX-XX-
`
`FLEMING
`THOMAS
`
`Jun-29-2023
`WRGJOKTC2NPQTN8
`
`Active
`
`On Active Duty On Active Duty Status Date
`
`Status
`
`NA
`No
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`Service Component
`NA
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`Active
`
`NA
`
`Active Duty Start Date
`NA
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`Active Duty End Date
`Status
`NA
`No
`This response reflecls where the individua left active duty etatus within 367 days preceding the Active Duty Status Date
`
`Service Component
`NA
`
`Order Notification Start Date
`NA
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`Order Notification End Date
`Status
`NA
`
`No
`
`This response reflects whelher the individual or his/her unit has recetved r notification to reporl for active duly
`
`Service Component
`NA
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on 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
`Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
`
`Wet q
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`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. § 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 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. Service contact
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/fa*gs. 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. § 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 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(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 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.
`
`

`

`STATE OF NORTH CAROLINA
`JOHNSTON
`Name And Address Of
`Taint
`REGIONS BANK AS SUCCESSOR BY MERGER TO
`ENERBANK USA
`
`County
`
`VERSUS
`
`3.
`
`File No.
`23 CV 001920-500
`In The General Court Of Justice
`
`SERVICEMEMBERS CIVIL RELIEF ACT
`DECLARATION
`
`Name And Address Of Defendant
`ANNE NEWTON
`1150 Newport Common Dr Apt 108
`G.S, Ch. 127B, Art. 4; 50 U.S.C. 3901 to 4043
`Knightdale NC 27545-6588
`NOTE: This form may be used in a Chapter 45 Foreclosure actions, it is not a substitute for the certification that may be required by G.S. 45-21.12A.
`DECLARATION
`1, the undersigned Declarant, under penalty of perjury declare the following to be true:
`1. As of the current date: (check one of the following)
`| have personal knowledge that the defendant named above is in military service.*
`OC a.
`x
`| have personal knowledge that the defendant named above is not in military service.*
`b.
`| am unable to determine whether the defendant named above is in military service.*
`c.
`have x have not
`2. As of the current date, |
`received a copy of a military order from the defendant named above relating
`to State active duty as a member of the North Carolina National guard or service similar to State active duty as a member of the
`National Guard of another state. G.S. 127B-27 and G.S. 127B-28(b).
`| x used
`did notuse
`the Servicemembers Civil Relief Act Website (hitps:/scra.dmdc.osd.mil/) to determine the
`defendant's federal military service.
`x
`The results from my use of that website are attached.
`(NOTE: The Servicemembers Civil Relief Act Website is a website maintained by the Department of Defense (DoD). If DoD security certificates
`are not installed on your computer, you may experience security alerts from your internet browser when you attempt to access the website.
`Members of the North Carolina National Guard under an order of the Governor of this State and members of the National Guard of another
`State under an order of the governor of that state will not appear in the SCRA Website database,)
`4. The following facts support my statement as to the defendant's military service:
`(State how you know the defendant is not in the
`military. Be specific.)
`Reviewed confirmation from the DOD-SCRA website that Defendant is not in the military.
`
`*NOTE: The term "military service" includes the following: active duty service as a member of the United States Army, Navy, Air Force, Marine Corps, or
`Coast Guard; service as a member of the National Guard under a call to active service authorized by the President or the Secretary of Defense
`for a period of more than 30 consecutive days for purposes of responding to a national emergency; active service as a commissioned officer
`of the Public Health Service or of the National Oceanic and Atmospheric Administration; any period of service during which a servicemember
`is absent from duty on account of sickness, wounds, leave, or other lawful cause. 50 U.S.C. 3911(2). The term "military service" also includes
`the following: State active duty as a member of the North Carolina National Guard under an order of the Governor pursuant to Chapter 127A of
`the General Statutes, for a period of more than 30 consecutive days; service as a member of the National Guard of another state who resides
`in North Carolina and is under an order of the governor of that state that is similar to State active duty, for period of more than 30 consecutive
`days. G.S. 127B-27(3) and G.S 127B-27(4).
`| declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.
`Name Of Dectarant (type or print)
`Signature Of Declarant
`Date
`Taylor Fulk
`06/29/2023
`Do not proceed to Ketjudgm in a non-criminal case in which the defendant has not made an appearance until a
`NOTE TO COURT:
`juagm
`Servicemembers Civil Relief Act affidavit (whether on this form or not) has been filed, and if it appears that the defendant
`is in military service, do not proceed to enterjudgment until such time that you have appointed an attorney to represent
`him or her.
`
`AOC-G-250, Rev. 5/21
`T413D2
`© 2021 Administrative Office of the Courts
`
`(Over)
`
`RC230010
`
`

`

`Information About Servicemembers Civil Relief Act Affidavits
`
`1. Plaintiff to file affidavit/declaration
`In any civil action or proceeding, including any child custody proceeding, in which the defendant
`does not make an appearance, the court, before entering judgment for the plaintiff, shall require the
`plaintiff to file with the court an affidavit-
`stating whether or not the defendant is in military service and showing necessary facts to
`(A)
`support the affidavit; or
`if the plaintiff is unable to determine whether or not the defendant is in military service,
`stating that the plaintiff is unable to determine whether or not the defendant is in military
`service.
`50 U.S.C. 3931(b)(1).
`
`(B)
`
`2. Appointment of attorney to represent defendant in military service
`If in a civil action or proceeding in which the defendant does not make an appearance it appears
`that the defendant is in military service, the court may not enter a judgment until after the court
`appoints an attorney to represent the defendant. If an attorney appointed to represent a service
`member cannot locate the service member, actions by the attorney in the case shall not waive any
`defense of the service member or otherwise bind the service member. 50 U.S.C. 3931(b)(2).
`State funds are not available to pay attorneys appointed pursuant to the Servicemembers Civil
`Relief Act. To comply with the federal Violence Against Women Act and in consideration of
`G.S. 50B-2(a), 50C-2(b), and 50D-2(b), plaintiffs in Chapter 50B, Chapter 50C, and Chapter
`50D proceedings should not be required to pay the costs of attorneys appointed pursuant to the
`Servicemembers Civil Relief Act. Plaintiffs in other types of actions and proceedings may be
`required to pay the costs of attorneys appointed pursuant to the Servicemembers Civil Relief Act.
`The allowance or disallowance of the ordering of costs will require a case-specific analysis.
`
`3. Defendant's military status not ascertained by affidavit/declaration
`If based upon the affidavits filed in such an action, the court is unable to determine whether the
`defendant is in military service, the court, before entering judgment, may require the plaintiff to file
`a bond in an amount approved by the court. If the defendant is later found to be in military service,
`the bond shall be available to indemnify the defendant against any loss or damage the defendant
`may suffer by reason of any judgment for the plaintiff against the defendant, should the judgment be
`set aside in whole or in part. The bond shall remain in effect until expiration of the time for appeal
`and setting aside of a judgment under applicable Federal or State law or regulation or under any
`applicable ordinance of a political subdivision of a State. The court may issue such orders or enter
`such judgments as the court determines necessary to protect the rights of the defendant under this
`Act. 50 U.S.C. 3931(b)(3).
`
`4. Satisfaction of requirement for affidavit/declaration
`The requirement for an affidavit above may be satisfied by a statement, declaration, verification, or
`certificate, in writing, subscribed and certified or declared to be true under penalty of perjury.
`50 U.S.C. 3931(b)(4). The presiding judicial official will determine whether the submitted affidavit is
`sufficient.
`
`5. Penalty for making or using false affidavit/declaration
`A person who makes or uses an affidavit permitted under 50 U.S.C. 3931(b) (or a statement,
`declaration, verification, or certificate as authorized under 50 U.S.C. 3931(b)(4)) knowing it to be
`false, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one
`year, or both. 50 U.S.C. 3931(c).
`
`AOC-G-250, Side Two, Rev. 5/21
`T413D2
`© 2021 Administrative Office of the Courts
`
`

`

`Department of Defense Manpower Data Center
`
`Results as of : Jun-29-2023 11:42:50 AM
`
`SCRA 5.16
`
`Status Report
`Pursuant to Servicemembers Civil Relief Act
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`XXX-XX-
`
`NEWTON
`ANNE
`
`Jun-29-2023
`3BGHX7NYVHLZCYZ
`
`Active Duty Start Date
`NA
`
`Active
`
`On Active Duty On Active Duty Status Date
`
`Status
`
`NA
`No
`This response reflects the individuals' active duty status based on the Aclive Duty Status Date
`
`Service Component
`NA
`
`Active Duty Start Date
`NA
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`Active Duty End Date
`Status
`NA
`No
`This response reflects where the individua left active duty status within 367 days preceding the Active Duty Status Date
`
`Service Component
`NA
`
`Order Notification Start Date
`NA
`
`The Member
`His/Her Unit Was Notified of a Future
`Order Notification End Date
`NA
`No
`This response reflects whether the individual or his/her unit has received early notificalion to report for active duty
`
`to Active Duty on Active Duty Status Date
`Status
`
`Service Component
`NA
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based on 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
`Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
`
`Michael V. Sorrento, Director
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`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 (60 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 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. 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 may be invoked
`against you. See 50 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 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(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 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.
`
`