DeclarationCal. Super. - 6th Dist.April 23, 2021OLOOOVOO‘l-POON-‘t NMNNNNNNNAAAAAAAAAA mVOUU‘IhOONAOCOWVOU'ILOONA 21 CV381 070 Santa Clara - Civil D Harris Electronically Filed glEaEugéal-Sw/glggfl: Esq. (CA Bar No. 333030) by Superior Court Of CA, 3168 Lionshead Avenue county °f santa Clara! Tel. No.: 760/842-5850 Reviewed By: D Harris 564072 Case #21CV381070 Envelope: 6704456 Attorney 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. 21CV381070 Plaintiff v. DECLARATION RE: AFFIDAVIT OF MILITARY STATUS NIKKI MONTGOMERY Defendant(s) l, Claudia Gavrilescu, Esq., declare that | 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. | declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. 0” ’ Date:June17,2021 ‘ Eb” Claudia Gavrilescu, Esq., Attorney for Plaintiff x Declaration Re: Affidavit of Military Status Case No. 21CV381070 EXHIBIT 1 Reese Law Group 3 1 68 LIONSHEAD AVE Carlsbad CA, 92010 I~(760)-842-5850 1~(760)-842-5865 Attorneys for Plaintiff Plaintiff: Wells Fargo Bank, NA. Case N0. 21CV381070 Defendant: NIKKI MONTGOMERY AFFIDAVIT OF MILITARY STATUS Account Number ending in: ** * f” * ** * ***2’760 I, jjffé (.5, fii/ ,declare: 1. I am a Loan Adjuster 0f Wells Fargo Bank, NA. (“Wells Fargo”) and am authorized to sign this affidavit 0n behalf of Weils Fargo. If called to testify in this matter, I would competently testify under oath as to the foliowing: 2. I am over the age 0f eighteen and as part 0f my job responsibilities fbr Wells Fargo, I have personal knowledge of and am familiar with the types 0f records maintained by Wells Fargo in connection with the account that is the subject 0f the Complaint (the “Account”) filed in this action and the procedures for creating those types 0f records. I have access to and have reviewed the books, records and files 0f 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 0r near the time 0f the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, 01' from information transmitted by persons with personal knowledge; and (b) kept in the course 0f Wells Fargo’s regularly conducted business activities. It is the regular practice 0f Wells Fargo t0 create and maintain such records. 4. Wells Fargo is informed and believes that defendant NIKKI MONTGOMERY is not 0n active duty in the U.S. military. Wells Fargo obtained a certificate from the Department of Defense Manpower Data NIKKI MONTGOMERY Account Number ending in: ************2760 LGLMSA (02/2020) Center showing that the defendant is not on active duty status. A copy 0f the certificate is attached hereto as Exhibit A. 3% I affirm, under the penalties of perjury that the foregoing representations are true. Executed this /é/ day of 3W6 ,20 21/ . Prinéd Name: W5 {%7%/ Title: Loan Adjuster State of Iowa County of Dallas Swom and subscribed to me this {fig day of 31am , 20 Q; by the above-identified individual, personally known to me g- OR produced identification . Type 0f identification produced: Notary Public LINDSAY H HOGUEISON Commission Number 792546 My Commission Expires October 08, 2021 NIKKI MONTGOMERY Account Number ending in: ************2760 LGLMSA (02/2020) EXHIBIT A Department of Defense Manpower Data Center Reswtsasof:dun-16-2021 11:21:20AM SCRA 5,6 7 Status 11¢}:an ' ?msuant to Servicemembem maxi} Relief Act SSN: XXX-XX- Birth Date: Last Name: MONTGOMERY First Name: Middle Name: Status As Of: Jun-1 6-2021 Certificate ID: FH8V6XGOBOX4OQB ' ' “cémpbnan'l NA This response ' ' basgd on NO This response reflects ' __ _ Iefl amive ‘ _ ' 367 days ' Slams Dale .Mambér'.or This response reflects whelhar thé V ' unu has ' I ~ lo report fur acllve duty Upon searchlng the data banks of the Department of Defense Manpower D'ata' Center.':l3'aéed on the information lha! you pmvided. the above is the status of khe indlvidual on the acilve duty siaius date as lo ail branches of the Uniformed Services (Army, Navy. Marine Corps. Air Force, NOAA. Pubiic Haaith. and Coast Guard). This status includes information on a Servicemember or hislher unit receiving notificaiion offuture orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Glgling Rd. Seaside, CA 93955 EXHIBIT l: 3 . The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (00D) that maintains the Defense Enroilment and Eligibiiity Reporting System (DEERS) database which is the official source of data on eligibility for military medica! care and other eligibiilty systems. The DoD strongly supports lhe enforcement oi the Servicemembers Civil Relief Aci (50 USC App. § 3901 e: seq. as amended} (SCRA) (formerly known as the Soldiers' and Sailors‘ Civil Relief Act oi 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating {hat the lndividua! Es currentiy on active duty" responses. and has experienced only a smatl error rate. 1n 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 dale, or is otherwise entitled to lhe protections of the SCRA, you are strongiy 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: hitps:llscra.dmdc.osd.miliscramffaqs. lf you have evidence the person was on active duty for the active duty staius date and you fai! to obtain this additional Service verification. punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(6). This response reflects the foliowing informaiion: (1) The individuai's Active Duty stains on the Active Duly Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or hislher 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. tn the case of a member of the National Guard. this Enchdes service under a calf to active service authorized by the Presiden: or the Secretary of Defense under 32 USC § 502m for purposes of responding to a nationai emergency deciared by the President and supported by Federal funds. Ail Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. Thls inciudes Navy Training and Administration of the Reserves (TARs). Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAS). Active Duty status also applles to a Uniformed Service member who ls an active duty commissioned officer of the US. Public Heaith Service or the National Oceanic and Atmospheric Administration (NCAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and inciudes 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 Tifie 10 and TitEe 14 active duty records for ail the Uniformed Services periods. Titie 32 periods of Active Duty are not covered by SCRA. as defined in accordance wiih 10 USC § 101(d)(1 ). Many times orders are amended to extend the period of active duty. which wouid extend SCRA protections. Persons seeking to reiy on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to exiend 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 no! actualiy begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of prolectlons 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 al! rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name. SSNidate of blnh, and active duty status daie provided by the requester. Providing erroneous information will cause an erroneous cerfificate to be provided.