Declaration

Cal. Super. - 6th Dist.January 13, 2021

LOOONOO‘l-POON-A NNNNNNNNNA-AAAAAAAAA mNOUU‘l-PCDNJOCDmNmm-hWN-AO 21 CV37621 9 Santa Clara - Civil Claudia Gavrilescu, Esq. (CA Bar No. 333030) REESE LAW GROUP 3168 Lionshead Avenue Carisbad, CA, 92010 Tel. No.2 760/842-5850 564280 Attorney for Plaintiff: WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DOWNTOWN SUPERIOR COURT WELLS FARGO BANK, N.A. Plaintiff v. DALE R HEDIN Defendant(s) l, Claudia Gavrilescu, Esq., declare that I am one of the attorneys of record in this action for the above-captioned Plaintiff and have personal knowledge of the facts set forth hereunder. If called upon to testify to the same, | could and would be willing to do so. Plaintiff is informed and believes that the above-captioned Defendant is not on active duty in the U.S. military. Plaintiff has obtained a certificate from the Department of Defense Manpower Data Center showing that 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 Catifornia that the foregoing is true and correct. Date: August 18, 2021 f“ u :27 iv I I _V ‘,.~"I'~ew . _‘ 4E?“ 15w)“: ' A. Villanueva Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/24/2021 3:42 PM Reviewed By: A. Villanueva Case #21 CV37621 9 Envelope: 7128575 Case No. 21CV376219 DECLARATION RE: AFFIDAVIT OF MILITARY STATUS Clau Dia Gavrilescu, Esq., Attorney for Plaintiff Declaration Re: Affidavit of Military Status Case No. 21CV376219 EXHIBIT 1 ‘EXH BITI Reese Law Group 3168 LIONSHEAD AVE Carlsbad CA, 92010 l-(760)-842-5850 l ~(760)~842-586S Attorneys for Plaintiff Plaintiff: Wells Fargo Bank, N.A. Case No. 21CV376219 Defendant: DALE R HEDIN AFFIDAVIT'OF MILITARY STATUS Account Number ending in: ************630! l, jffl/ f fif/ ,dcclare: I. I am a Loan Adjuster of Wells Fargo Bank, NA. (“Wells Fargo”) and am authorized to sign this affidavit on behalf of Wells Fargo. If called to testify in this matter, I would competently testify 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 “Account”) 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 'm 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 persona! 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 DALE R HEDIN is not on active duty in the U.S. military. Wells Fargo obtained a certificate from the Department of Defense Manpower Data Center DALE R HEDIN Account Number ending in: ************6301 LGLMSA (02/2020) showing that the defendant is not on active duty status. A copy of the certificate is attached hereto as Exhibit A. d I affirm, under the penalties of perjury that the foregoing representations are true. Executed this // day of @fflf/fl , 20 2/ . Zla/ KW Printe/d Name: yfifl /%g/ Title: Loan Adjuétor State of Iowa County 0f Dallas Sworn and subscribed to me this Y) day of AV“; r , 20?" by the above-identified individual, personally known to me fi OR produced identification WM WWWType of identification produced: Notaly Public LINDSAY R HOGUEESON *‘M ”2;: Commission Number 792546“g“ My Commission Expires Octgfigerpfi, 2021 DALE R HEDIN Account Number ending in: ************6301 LGLMSA (02/2020) EXHIBIT A . I . Department of Defense Manpower Data Center R°=""“‘°‘=A"9'"'2°2‘“”25““ SCRA 5.9 Status Raport ' Pursuant to Servicemembers Civil Reliaf Ac! SSN: XXX-XX- Birth Date: Last Name: HEDIN First Name: Middle Name: Status As Of: Aug-1 7-2021 Certificate ID: MQLDVNSBKHSGZZV NA v - 5Aiiiwé'fi-ils‘isiéfl dab}; -- : I . . -... NA NA Upon searching'lhe' data banks of the Department of Defense Manpower Dé'lébéritéfifiausad on lhe information that you provided. the above is the status of the individuai on the active duty status date as to all branches o! lhe Uniformed Services (Army. Navy. Marine Corps. Alr Force. NOAA, Public Health. and Coast Guard). This status includes information on a Servicemember or hisIhar unit receiving notification of future orders lo repod fur Active Duty. Michael V. Sorrento, Dlracior Department of Defense - Manpower Data Center 400 Gigllng Rd. Seaslde. CA 93955 EXHIBET The Defense Manpower Data Center (DMDC) is an organl~ation 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 lhe 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 duly 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 (035) via this URL: https://scra.dmdc.osd.mll/scra/#/faqs. If you have evidence the parson was on active duty for the active duty status date and you fall 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 Duly status within 367 days preceding the Active Duty Status Date (3) Whether the Individual or his/her unit received early notification lo 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 Tille 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 wi II cause an erroneous certificate io be provided,