DeclarationCal. Super. - 6th Dist.April 30, 2021Claudia Gavrilescu, Esq. (CA Bar No. 333030) REESE LAW GROUP 3168 Lionshead Avenue Carlsbad, CA, 92010 Tel. No.: 760/842-5850 564970 Attorney for Plaintiff: WELLS FARGO BANK, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA JUDICIAL DISTRICT, SAN JOSE SUPERIOR COURT 10 11 12 13 WELLS FARGO BANK, N.A. V. TITA F ARAFILES Plaintiff Case No. 21CV381264 DECLARATION RE: AFFIDAVIT OF MILITARY STATUS 15 16 17 18 20 21 22 23 24 25 26 27 28 Defendant s I, 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, I 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 California that the foregoing is true and correct. Date: June 17, 2021 Claudia Gavrilescu, Esq., Attorney for Plaintiff Declaration Re: Affidavit of Military Status Case No. 21CV381264 Electronically Filed by Superior Court of CA, County of Santa Clara, on 6/23/2021 9:52 AM Reviewed By: D Harris Case #21CV381264 Envelope: 6704901 21CV381264 Santa Clara - Civil D Harris EXHIBIT iI TI geese Law Group 3168 LIONSHEAD AVE Carl sbad CA, 92010 1-(760)-842-5850 1-(760)-842-5865 Attorneys for Plaintiff Plaintiff: Wells Fargo Bank, N.A. Case No, 21CV381264 Defendant: TITA F ARAFILES APE'IOAVIT OIt MILITARY STATUS Account Number ending in; ~ B ~ ~ ~ ~ ~ 'g*'g 'g B 0031 , declare: l. i am a Loan Adjustor of Wells Fargo Bank, N.A. f"W~etfs Far o") 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 pettain to the Account. 3, The information in this affidavit is taken fi'om 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 mamtain such records, 4. Wells Fargo is informed and believes that defendant TITA F ARAFILES is not on active duty in the U.S. military, Wells Fargo obtained a certificate from the Department of Defense Manpower Data Center T!TA F ARAFILES Account Number ending in: '+~~~d'"~"'"0031 LGLMSA (02/2020) showing that the defendant is not on active duty status. A copy of the certificate is attached hereto as Exhibit A. ~ZX I affirm, under the penalties of perjury that the foregoing representations are true, Executed this 'ay of ~~M, 20'/ Printed Name: Title: Loan Adjustor State of Iowa County of Dallas Sworn and subscribed to nie this ~l day of IY~, 20 ~ l by the above-identitied individual, personally known to me~ OR produced identification Type of identification produced: Notary Public LINDSAY R HOBUEISON Commission Number 792546 My Commission Expires October 08, 2021 TTTA F ARAFI LES Account Number ending iiu '~" ~~" p" ppp0031 LGLMSA (02/2020) EXHISXT A. BIT . Department of Defense Manpower Data Center Resuss as of, Jun-16.2021 llie6:66 Alvt SCRA 5,8 l StatUS RCPoft Pm'&@ant t0 Servicemembcrs CivH Rchcf Act SSN: Birth Date: Last Name: First Name: Middle Name: Stattjs As Of.'ertificate ID: xxx-xx~ ARAF ILES Jun-16-2021 W9QDN5JFKF4CWZ5 Active Duty Start Dale 've Duly On Active Duty' lotus Oaon Acs Active Duly End Dais le . Status Sa/Vice Cofnponenl NA NA.:..... No This fesponse resscls lhd fndfvtduats'ctive duly status based on ihe Active Duty Status Date Lail Active Du Within 367 Pays of Active Duly Status Date Acsve Duty Sian Dale Aclivs Duty End Dais Status . Ss/vice Coinponent, No This response reflects where lhs individual len sciive duly status within 367 days prsced/ntf Ihe Active Duiy sislus Date The Member oc His/Her unit Wss Notified of a Future Cali.up ts Active Duty on Activo Duty Status Dale O/der NotiTfcatfon Start Dale order Notification End Dale Salus '..Ssn/ice Component NA NoNA This response renecls whether Ihe individual or his/her anil has received esdy nollficatlon lo report for aaive duly NA Upon searching the data banks of the Department of Defense Manpower Data Centtsr, 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 Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 The Defense Manpower Data Center (DMDC) is an organization of the Deparlment 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. I) 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers'nd Sailors'ivil 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 evenl 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 date, or Is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verigication of the person's status by contacting that person's Service. Service contact information can be found on the SCRA webslte's FAQ page (Q35) via this URLi https://sera.dmdc,osd,mil/sera/f//faqs. If 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. fi 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 Duty status within 367 days preceding the Active Duty Status Oats (3) Whether the individual or his/her unit received early notlAcation to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certigicate ils defined in accordance with 10 USC g 101(d) (1). Prior to 2010 only some of the active duly 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 Presiden'I or the Secretary of Defense under 32 USC g 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 acgve 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 lhe SCRA is broader in some cases and Includes some categories of persons on active duly for purposes of the SCRA who would not be reported as on Active Duty under this certificale, SCRA protections are for Title 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 Q 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 no\ 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 cerliflcate are urged to seek qualified legal counsel to ensure that ail rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a lasl name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.
