Declaration In SupportCal. Super. - 6th Dist.May 28, 20191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REESE LAW GROUP, APLC Harlan M. Reese, Esq., Bar #118226 3168 Lionshead Avenue Carlsbad, CA 92010 760t842-5850 Attorneys for Plaintiff, WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT WELLS FARGO BANK, N.A. CASE NO.: 19CV348878 Plaintiff, DECLARATION RE: AFFIDAVIT OF MILITARY STATUS VS. JIMMY PHAN l, the undersigned, declare the following: 1 . I am over the age of eighteen. I am one of the attorneys of record in this action for plaintiff and have personal knowledge of the following facts. lf called to testify to the same I could and would be willing to do so. 2. Plaintiff is informed and believes that the above-named defendant is not on active duty in the U.S. military. 3. Plaintiff has obtained a certificate from the Department of Defense Manpower Data Centershowing that the defendant is not on active duty status. Attached hereto as Exhibit 1 is the Affidavit of Military Status signed on behalf of Plaintiff. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct H A , Esq., Dated: 7-2-tf for Plaintiff Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/18/2019 10:52 AM Reviewed By: S. Alvarez Case #19CV348878 Envelope: 3406530 Exhibit 1me v : , - Reese Law Group 3168 LIONSHEAD AVE Carlsbad CA,92010 1 -(760)-842-s8s0 1 -(760)-842-s86s Attorneys for Plaintiff Plaintiff: Wells Fargo Bank, N.A. Case No. 19CV348878 Defendant:JIMMY PHAN AFFIDAVIT OF MILITARY STATUS ACCOUnI NUmber ending in.,t,1. * * *<,F *,r,k >r lF >r 2087 r, L^acz- P Ka, Le " , decrare l. I am a Loan Adjustor of Wells Fargo Bank, N,A. ("Wells Fargo") and am authorized to sigrr this affidavit on behalf of Wells Fargo. If called to testify in this matter, I would competently testifr under oath as to the following: 2. I am over the age of eighteen and as part of my job responsibilities for Wells Fargo, I have personal knowledge of and am familiar with the types of records maintained by Wells Fargo in connection with the account that is the subject of the Complaint (the ooAccount") filed in this action and the procedures for creating those types of records. I have access to and have reviewed the books, records and files of Wells Fargo that pertain to the Account. 3. The information in this affidavit is taken from Wells Fargo's business records. The records are: (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; and (b) kept in the course of Wells Fargo's regularly conducted business activities. It is the regular practice of Wells Fargo to create and maintain such records. 4. Wells Fargo is informed and believes that defendant JIMMY PI-tAl',l is not on active duty in the U.S. military. Wells Fargo obtained a certificate from the Department of Defense Manpower Data Center JIMMY PHAN Account Number ending in: *******x****2087 LGLMSA (05/2Ot7) showing that the defendant is not on active duty status. A copy of the certificate is attached hereto as Exhibit A. I affirm, under the penalties of perjury that the foregoing representations are true. Executed this il day of F ,zo |.4. 2fu I1lt.9Nam.er. L^rtra pTitle: Loan Adjustor Cc L"n ,20 lq bythe above-identified State of Iowa County of Dallas Swom and subscribed to me this individual, personally known to day of meXoR Type of identification produced: JIMMY PHAN Account Number ending in: *****'*******2087 LGLMSA (Oslz}t7) identification Notary blic fHt LTNDSAY R l'locuElsotl Commlcdm N umber 792546 Itly Commision ExPires Oc{ober 08,2021 Exhibit Ame - u z > Department of Defense Manpower Data Center $ffltu$ R*pert Pur*umt ts,Senr'icerte.$lb*rs frivil Relir.f Act Results as of : SeFl 1-2019 1 1:48:30 AM scRA 5.0 SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate lD: xxx-X)I PHAN Sep-11-2019 GXS1BL8HW7CsJD1 A Acttva Duty Siart Dat6 Slatus Sorul@ Cmponenl NA NA No NA Thls response reffocts lho lndividuals' active duty status based on tho Activo Duty Stalus Dals 367 of StatusDayB Duty Dals ' Actlve Duty End Dat€ Status Seryim Cmpon8nt NA , .,NA NA Thls rssponso roflscls lofl acllvo 367 days proc€ding:lh9 Activs Duty Status Date Status s€rul€ Componsnt NA NA NA Thls rosponse reflects whether to aclivelorreport dutyffirty Upon searching the data banks of the D€partment 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 CoastGuard). ThisstatusincludesinformationonaServicememberorhis/herunitreceivingnotificationoffutureorderstoreportforActiveDuty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data C€nter (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 skongly supports the enforcoment 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. ln the event the individual referenced above, or any family member, friend, or r€pr€sentative 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 veriflcation of the person's status by contacting that person's Service. Service contact information can be found on the SCRA website's FAQ page (a33) via this URL: https://scra.dmdc,osd.mil/faq.xhtml#Q33. lf 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 th€ individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unlt received early notification to r€port for active duty on the Active Duty Status Date. More information on "Active Duty Status" Activedutystatusasreportedinthiscertificatelsdefinedinaccordancewithl0USC?101(d)(1). Priorto20l0onlysomeoftheactivedutyperiodsless than30consecutivedaysinlengthwereavailable. lnthecaseofamemberoftheNational Guard,thisincludesserviceunderacall toactiveservice 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 Admlnistration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Actlve Duty status also applies to b Uniformed Service member who is an activ€ 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 ls 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 Servlces periods. Title 32 periods of Active Duty are not covered by SCM, as defined in accordance with 10 USC ? 101(dX1). 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 whlch SCRA protections are based have not been amended to extend the lnclusive dates of sorvlce. Furthermore, some protections of the SCRA may extend to persons who have recelved orders to report for active duty or to be inducted, but who have not actuallybegunactivedutyoractuallyreportedforinduction. TheLastDateonActiveDutyentryisimportantbecauseanumberofprotectionsoftheSCRA extend beyond the last dates of active duty. Those who could rely on this certiflcate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certiflcat€ was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing €rroneous information will cause an €rroneous cortificate to be provided.
