_
`STATE OF NORTH CAROLINA
`In The General Court Of Justice
`MECKLENBURG. County
`
`Name And Address Of Plaintiff
`AH Steele Creek Owner LLC
`dba Walker Steele Creek
`12509 Crown Park Ct
`
`(CharlotteCNC28273SERVICEMEMBERSCIVIL RELIEF ACT
`VERSUS DECLARATION
`
`Name And Address Of Defendant
`
`Mecklenburg County Clerk of Superior Court
`
`
`
`G.S. Ch. 127B, Art. 4; 50 U.S.C. 3901 to 4043
`
`
`
`Mecca Love
`
`12322 Palladium Ridge Lane, Apt 103
`CHARLOTTE, NC, 28273
`
`NOTE: Though this form may be used in a Chapter 45 Foreclosure action, it is not a substitute for the certification that may be required by G.S. 45-21.12A.
`
`
`DECLARATION
`|, the undersigned Declarant, under penalty of perjury declare the following to be true:
`1. As of the current date: (check oneofthe following)
`[J a.
`| have personal knowledgethat the defendant named aboveis in military service.*
`[x] b.
`| have personal knowledgethat the defendant named aboveis not in military service.”
`CJ c.
`| am unable to determine whether the defendant named aboveis in military service.*
`2. As of the current date,!|
`[_] have
`have not
`received a copyof a military order from the defendant named aboverelating
`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. See G.S. 127B-27 and G.S. 127B-28(b).
`|
`used
`[_]didnotuse
`the ServicemembersCivil Relief Act Website (https://scra.dmdc.osd.mil/) to determine the
`defendant's federal military service.
`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 notinstalled on your computer, you may experience security alerts from yourinternet browser when you attempt to access the website.
`Members of the North Carolina National Guard under an order of the Governorofthis State and members of the National Guard of another state
`underan order of the governorofthat 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 defendantis oris not in the
`military. Be specific.)
`
`3.
`
`*NOTE: The term “military service”includes the following: active duty service as a memberof the United States Army, Navy, Air Force, Marine Corps, or
`Coast Guard; service as a memberof the National Guard undera 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 accountof sickness, wounds,leave, or other lawful cause. 50 U.S.C. 3971(2). The term “military service” also includes
`the following: State active duty as a memberof 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 memberof the National Guard of another state who resides
`in North Carolina and is under an order of the governorofthat state that is similar to State active duty, for a period of more than 30 consecutive
`days. G.S. 127B-27(3) and G.S. 127B-27(A4).
`
`| declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.
`
`Date
`Signature Of Declarant
`ae a Name Of Declarant(type or print)
`12/20/2023 a — Christopher Graham
`
`NOTE TO COURT: Do notproceed to enterjudgment in a non-criminal case in which the defendant has not made an appearanceuntil a
`Servicemembers Civil Relief Act affidavit or declaration (whether on this form or not) has been filed, andif 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.
`
`AOQC-G-250, Rev. 5/21
`© 2021 AdminisiadvaOHeAlyFifeSate: 12/20/2023 5:09 PM Mecklenburg County Clerk of Superior Court
`
`(Over)
`
`

`

`
`
`Information About ServicemembersCivil Relief Act Affidavits And Declarations
`
`1. Plaintiff to file affidavit/declaration
`In anycivil action or proceeding, including any child custody proceeding, in which the defendant
`does not make an appearance, the court, before entering judgmentfor the plaintiff, shall require the
`plaintiff to file with the court an affidavit—
`(A)
`stating whetheror not the defendantis in military service and showing necessary facts to
`support the affidavit; or
`if the plaintiff is unable to determine whether or not the defendantis in military service,
`stating that the plaintiff is unable to determine whetheror not the defendantis in military
`service.
`50 U.S.C. 3931(b)(1).
`
`(B)
`
`2. Appointmentof attorney to represent defendantin military service
`If in a civil action or proceeding in which the defendant does not make an appearanceit appears
`that the defendantis in military service, the court may not enter a judgmentuntil after the court
`appoints an attorney to represent the defendant. If an attorney appointed to represent a service
`member cannotlocate the service member, actions by the attorney in the case shall not waive any
`defense of the service memberor otherwise bind the service member. 50 U.S.C. 3931(b)(2).
`State funds are not available to pay attorneys appointed pursuant to the ServicemembersCivil
`Relief Act. To comply with the federal Violence Against WomenActandin 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
`ServicemembersCivil Relief Act. Plaintiffs in other types of actions and proceedings may be
`required to pay the costs of attorneys appointed pursuantto the ServicemembersCivil Relief Act.
`The allowanceor disallowanceof 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
`defendantis in military service, the court, before entering judgment, may require the plaintiff to file
`a bond in an amount approvedbythe court. If the defendantis 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 judgmentfor 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 ordinanceof a political subdivision of a State. The court may issue such ordersor enter
`such judgmentsas the court determines necessary to protect the rights of the defendant underthis
`Act. 50 U.S.C. 3931(b)(3).
`
`4. Satisfaction of requirement for affidavit/declaration
`The requirementfor an affidavit above maybe 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 makesorusesan 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)) knowingit to be
`false, shall be fined as providedin 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
`© 2021 Administrative Office of the Courts
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`