EBF PARTNERS LLC VS SULTAN CAPITAL GROUP LLC ET AL, 2021-018514-CA-01, Doc-21-Non-Military-Affidavit (Fla. 11th Cir. Ct. Mar. 4, 2022) (2024)

Filing # 145072002 E-Filed 03/04/2022 10:24:05 AM
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`CIVIL DIVISION
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`CASE NO. 2021-018514-CA-01
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`EBF PARTNERS, LLC d/b/a EVEREST
`BUSINESS FUNDING,
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`Plaintiff,
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`vs.
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`SULTAN CAPITAL GROUP, LLC d/b/a
`G&S MEDICAL SUPPLY
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` and
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`GUY SULTAN,
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`Defendants.
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`PLAINTIFF’S AFFIDAVIT OF NON-MILITARY STATUS FOR DEFENDANT
`GUY SULTAN
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`Plaintiff, EBF PARTNERS, LLC d/b/a EVEREST BUSINESS FUNDING, through
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`undersigned counsel, declares as follows under penalty of perjury pursuant to § 92.525, Florida
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`Statutes:
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`1.
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`This Declaration is based upon personal knowledge of the matters set forth herein.
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`2.
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`Declarant is an attorney employed by the law firm of Maurice Wutscher LLP. The
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`law firm is counsel of record for Plaintiff, EBF PARTNERS, LLC d/b/a EVEREST BUSINESS
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`FUNDING, in the above-styled civil action.
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`3.
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`Pursuant to the Servicemembers Civil Relief Act, 50 U.S.C. 3911 et seq., on
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`March 2, 2022 I ran a search on the Servicemembers Civil Relief Act Centralized Verification
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`Service’s Website, www.servicememberscivilreliefact.com, in order to determine whether
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`Defendant, GUY SULTAN, is on Active Duty Status with any of the Departments of the
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`Page 1 of 2
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`Department of Defense (Army, Navy, Marine Corps and Air Force) or the National Oceanic and
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`Atmospheric Agency, Public Health Service, and Coast Guard.
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`4.
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`The result of the search, attached hereto as Exhibit A, indicates that Defendant,
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`GUY SULTAN, is not on Active Duty Status with any of the Departments of the Department of
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`Defense (Army, Navy, Marine Corps and Air Force) or the National Oceanic and Atmospheric
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`Agency, Public Health Service, and Coast Guard.
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`FURTHER DECLARANT SAYETH NAUGHT.
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`Under penalties of perjury, I declare that I have read the foregoing Declaration and that
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`the facts stated in it are true.
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`Dated the 4th day of March, 2022.
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`EBF PARTNERS, LLC d/b/a EVEREST
`BUSINESS FUNDING
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`By:
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`/s/ Hector E. Lora
`Hector E. Lora, Esq.
`Fla. Bar No. 755842
`MAURICE WUTSCHER LLP
`1801 N.E. 123rd Street, Suite 314
`North Miami, FL 33181
`Direct Tel. No. (786) 553-8082
`Fax: (305) 757-6682
`Email: hlora@MauriceWutscher.com
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`Certificate of Service
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`I CERTIFY that on the 4th day of March, 2022, I caused a copy hereof to be served on
`the following parties via electronic mail (“e-mail”) through the Florida Courts E-filing Portal or
`as otherwise indicated pursuant to Florida Rule of Judicial Administration 2.516 and Florida
`Rule of Civil Procedure 1.080:
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`Not applicable. Defendants have not been served with process because they are evading
`service.
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`s/ Hector E. Lora
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`Page 2 of 2
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`EXHIBIT A
`EXHIBIT A
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`3/4/22, 7:49 AM
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`AT&T Yahoo Mail - SCRA Verification Results - Servicemembers Civil Relief Act Centralized Verification Service
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`SCRA Verification Results - Servicemembers Civil Relief Act Centralized Verification Service
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`From: Servicemembers Civil Relief Act Centralized Verification Service (support@servicememberscivilreliefact.com)
`To:
`hectorlora@bellsouth.net
`Date: Wednesday, March 2, 2022, 04:20 PM EST
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`Name
`SULTAN, GUY
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`Customer #
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`Case #
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`Tracking Number
`202203022802
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`Based upon name and social security number you have furnished, as of March 2, 2022 (“Active Duty Status Date”), there
`is no information in the Department of Defense Manpower Data Center (“DMDC”) that indicates that the individual is in
`Active Duty Status. The Department of Defense reports that the information provided failed to match to a servicemember
`in its database.
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`Upon searching the data banks of the Department of Defense Manpower Data Center, based upon the information that
`you provided, the above is the status of the individual ("Subject") on the Active Duty Status Date, as to all branches of the
`Uniformed Services (Army, Navy, Marine Corps, Air Force, Space 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.
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`Affidavit: You opted not to purchase an affidavit. You may order one here. In the future, you can order an affidavit at the
`check-out screen or you can change the default settings for affidavits in "My Account" to include it in all future orders.
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`Servicemembers Civil Relief Act Centralized Verification Service
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`Roy L. Kaufmann
`Managing Director
`Servicemembers Civil Service Relief Act Verification Service Date: 03/02/2022
`For support: Support@ServicemembersCivilReliefAct.com or Support@SCRA.com
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`This report is based upon information that you have provided. Providing an erroneous name, social security number, date of birth or other information may cause
`an erroneous report to be provided. If you obtain further information about the person you may resubmit your request and we will provide new status report for that
`query. This response reflects status as of Active Duty Status Date only. For historical information, please resubmit your inquiry with a different Active Duty Status
`Date or contact the individual Military Service SCRA points-of-contact:https://www.ServicemembersCivilReliefAct.com/live/link/points-of-contact.php . If you have
`evidence that the individual is/was on active duty as of the Active Duty Status Date and you fail to obtain this additional information, punitive provisions of the
`SCRA may be invoked against you. E.g. USC Section 3951(c).
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`The Servicemembers Civil Relief Act Centralized Verification Service processes SCRA verifications through the Defense Manpower Data Center (DMDC) which is
`an organization of the United States Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database,
`updated once per month, which is the official source of data on eligibility for military care and other eligibility systems. The data base is updated monthly by the
`Department of Defense.
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`This response reflects the following information: (1) the Active Duty status as of the Active Duty Status Date, (2) Whether the individual left Active Duty status within
`367 days preceding the Active Duty Status Date, and (3) Whether the individual or his/her unit received early notification to report for active duty on the Date of
`Interest. Records do not predate September 30, 1985.
`More information on Active Duty Status :
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`3/4/22, 7:49 AM
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`AT&T Yahoo Mail - SCRA Verification Results - Servicemembers Civil Relief Act Centralized Verification Service
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`Active duty status as reported in this report is defined in accordance with 10 USC Section 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 Section 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 Administrators (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 Coverage Under the SCRA is broader in Some Cases.
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`Coverage under 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 report.
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`Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this 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 SCRA extend beyond the last dates of active
`duty.
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`Those who could rely on this report are urged to seek qualified legal counsel to ensure that all rights guaranteed to Servicemembers under the SCRA are
`protected.
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`The information provided does not constitute a Consumer Report, as defined by the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq. and may not
`be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA.
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`© 2022 SCRA, LLC dba Servicemembers Civil Relief Act Centralized Verification Service.
`All Rights Reserved.
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EBF PARTNERS LLC VS SULTAN CAPITAL GROUP LLC ET AL, 2021-018514-CA-01, Doc-21-Non-Military-Affidavit (Fla. 11th Cir. Ct. Mar. 4, 2022) (2024)

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