DeclarationCal. Super. - 3rd Dist.July 31, 2017P A T E N A U D E & FE LI X, AP C . A T T O R N E Y S AT L A W . : 2. oO pa fu : ey 5 g g z < z 2 S . wn Tt ww vr eo - wx : & oo cael - ae a be < og Co os He Ad. Zs wo wy oO -_ a =) -.234| tll u 13] 144] “15 16|| 17|| 18]] 19 . 20 (2i 22 |) i - . 251] 26 27 28 LAW OFFICES OF ||PATENAUDE & FELIX, A.P.C. | Michael R. Boulanger, Esq. (#226294) - Michael D. Kahn, Esq. (#236898) Stephanie J. Boone, Esq. (#1 60182) Jeffrey W. Speights, Esq. (#265206): ‘Superior Court of California | Jessica F. Flynn, Esq. (#270304) ee -_ 4545 Murphy Canyon Road, 3rd Floor NOV: 22° 2017 San Diego, California 92123 a Jake Chatters Tele: (858) 244-7600 Fax: (858) 836-0318 Executive Officer & Clerk : By:Cvallanfaun Deputy - Attorneys for Plaintiff . SYNCHRONY BANK . _ SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER, PLACER CIVIL DIVISION || SYNCHRONY BANK, Case No. MCV0068153 oo Plaintiff, | a | “DECLARATION / AFFIDAVIT. IN_ Ms oe SUPPORT OF APPLICATION FOR ENTRY | | JESSICA DURHAM, ta | OF DEFAULT JUDGMENT (CCP 585) and DOES 1 through 15, inclusive, | . . - Defendant(s.) 1 CA_41 Dec Cover. oo P&F File No. 17-2103 be ia 25 26 27 26 | oO! fe ~ STATE OF CALIFORNIA COUNTY OF Synchrony Bank Plaintiff, AFFIDAVIT IN SUPPORT OF : APPLICATION FOR ENTRY OF vs. DEFAULT JUDGMENT JESSICA DURHAM: Defendants. Larissa Osborne, whose business address is 965 Keller Road, Altamonte Springs, FL 32714, certifies and says: 1. Tam a competent person over eighteen years of age. Iam an employee of Synchrony Bank ("Plaintiff"), and I am duly authorized to make this Affidavit. I am familiar with the manner and method by which Plaintiff maintains its normal business records, including its system generated computer records of defaulted accounts. The contents of this declaration are true.and correct based upon my personal knowledge of the processes by. which Plaintiff maintains its business books and records, and if called as a ‘witness I would competently testify, under oath, there to. 2. The business records maintained by Plaintiff in the ordinary course of its business show that as of the date of this affidavit, the unpaid balance of Debtor’s account ****###*##*#4##3030 is $1,808.35. AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Page 1 Version: 1.1.0CA_06_06_2014 Ref: 1N16198JDLE ie ii 42 13 14 15 1é .3. The’ business records. maintained by Plaintiff in the ordinary course of its business show that-as of the date of this affidavit the Defendant's last payment was received Plaintiff on 4/21/2016 in the amount of $115.00: 4. The business records maintained by Plaintiff in the ordinary-course of its business show that the account of the Defendant(s) was charged off on 10/26/2016 in the amount of $1,808.35. 5. - Based on my search of the Department of Defense Service Members Civil Relief Act (SCRA) website, it is my belief that the Debtor is not in military service. Ideclaré under penalty of perjury.under the laws of California that the foregoing statements are true and cotrect.to the best of my knowledge. 10/19/2017 Cus do. Osean Larissa Osborne Media Representative, Affiant STATE OF FLORIDA COUNTY OF SEMINOLE Signed and swom to (or affirmed) before me on,49 Day of October , 2017 by Larissa Osborne NOTARY SEAL HERE atid |) ) juy i APA H ENDERSON V Rm Cat STA ide Noter ¥ pubis Public . £7 we ramission #:GG 1357 Es ae oS sion Expires 2 _ Sg . 2 2 M\cémmission expires: ss My Commis 024 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT August 17, Page 2 Version: 1.1.0_CA_06_06_2014 Ref: 1N16198JDLE @ Wal mart JESSICA DURHAM Visit us at walmart.com/credit Cred it Card Account Number: ES 3030 Customer Service: 1-800-641-4526 Previous Balance "$1,705.42 | | New Balance + Fees Charged $35.00] ©.| Amourit Past Due $485.00 + Interest Charges $32.93| | Total Minimum Payment Due $571.00 New Balance $1773.35] | Overtimit Ariount $483.35, Payment Due Date 10/21/2016 Cradit-Limit $1,290 | | Late Payment Warning:if we do not receive your Total Available Credit $0.00 | | Minimum Payment Due by the Payment Due Date listed Cash Advance/Quick Cash Limit $258 above, you may have to pay a late fee up to $35.00, Available Gash $0.00 Minimum Payment Warning: ff you make only the minimum Statement Closing Date 09/28/2016 | | payment each period, you will pay mora in interest and it will 30| | eke you longer to;pay off your balance, Far example: Days in Billing Cycle Le oe = ena Only the mintmum payment Wyou would like infarmation about credit counseling services, call 1-877-302-8775. neat ‘3% Earned on Walmart.com $0.00 2% Eamed on Fuel* $0.00 Earn rewards on everyday purchases 1% Eamed on Other Purchases: $0.00 with your Walmart Credit Card! Total Earned this Statement $0.00 Redeemed this Statement $0.00 *Waimart and Murphy USA stations only YMENT DUE B’ E E DI NOTICE: We may convert your payment into an electronic debit. See.reverse for details, Billing Rights and other important information. 5404 rH 1-7 26 I60926 EXPAGE 1 of 4 9122 1400 0204, orzas4da Detach and mail this portion with-your chack. Do not include any correspondence with yaur check. Walmart >/<. Save money, Live betten etseeae ${ ][ JIL. New address or email? Print changes on back. ET JESSICA DURHAM 57q@ RIVER RUN “ ROCKLIN Gi ep r65-4108 Make Payment To: WALMART/SYNCHRONY BANK P.O: BOX 630927 ATLANTA, GA 30353-0927 ae Walrnart > an o Save money. Uve better, diatage) HIS MBE sea Cos CBNANE ‘Tran Date Post Date Reference Number Description-of Transaction or Credit Pian Type Amount FEES. ‘09/21 09/21 LATE FEE $35.00 : TOTAL FEES FOR THIS PERIOD $35.00 INTEREST CHARGED 09/28 09/28 INTEREST CHARGE ON-PURGHASES $32.93 09/28 09/28 INTEREST CHARGE ON CASH $0.00 ADVANCES: TOTAL INTEREST FOR THIS PERIOD $32.93 Total Fees: charged i n 2016 $280.00 Total Interest charged in 2016 $264.24 Totat Interest Paidin 2016 lation eee sUBeeuCaMee ea oF ntage Rate (APRJs the sst rate on your account. Type of Balance Expiration Plan = Annual Percentage Balance Subject to Interest Balance Date Type Rate Interest Rate Charge Method Regular Purchases & Cash NA REG 23.18% (v) $1,730.55, $32.93 20 Advances (¥) = Variable rate Ls PLEASE READ THE IMPORTANT CHANGE-IN-TERMS NOTICE INCLUDED ON THIS BILLING STATEMENT. THIS NOTICE MAKES CHANGES TO THE CARDHOLDER AGREEMENT GOVERNING YOUR ACCOUNT. If yaur account has a deferred interest promotion and you would like.us to apply.a payment on your atcount to a specific balance, please call Customer Service to discuss options thiat may be avaliable. Please note that Cashier Checks and Loan Transfer Checks aré nat acceptable farms af tender when making your payment in Sam's Club® or Walmart®. 5404 NFE 1 7, 26 . 160928. EXPAGE 2-0f 4 9112 1490 0204 o1HASa0a The following is a summary of changes that are being made to your account terms. Unless.otherwise noted; these changes will take effect on 11/28/16. i ct p = sa Fy = Additional Information about the Late Payment Fee change ‘We are increasing the Late Payment Fee applicable-to your account. The Late Payment Fee.terms in your credit card agreement will:be replaced with the Late Payment Fee terms shown below. Please keep this important document for your records. “Late Payment. Fee We will charge this fee if we do not receive the total minimum Payment due on your account by 5 p.m. (ET) on the due date. This fee is equal to: 1. $27, if you have paid your total minimum Payment due by the due date in each of the prior six billing. cycles; OR 2. $37, if you have failed to pay your total minimum payment due by the due date in any one or more of the prior six billing cycles. The late payment fee will never be more than the total minimum payment that was due." 5404 WFR 1 7 26 160928 BXPAGE 4 of 4 9212 "1490 0204 o1Hasaoe Walmart® Credit Card Suniel of Account Act Previous Balance - Other Credits + Fees Charged JESSICA DURHAM Account Number: (qu 3030 Visit us at walmart.com/credit Customer Service: 1-800-641-4526 New Balance Credit Limit Available Credit Gash Advance/Quick Cash Limit Available Gash Statement Closing Date Days in Billing-Cycla 10/26/2016 ayn Hibsa Wanmneaniae s HeeUewe neal New Balance $0.00 $4,808.35 Amount Past Due $0.00 $35.00 Total Minimum Payment Due $625.00 $0.00 Payment Due Date 10/28/2016 Late Payment Warning:If we do not receive your Totai $1,290 Minimum Payment Dus by the Payment Due Date listed $0.00 above, you may have to pay a late fee up to $35.00. $258. $0.00 28 Eamed this Statement 3% Earned on Walmart.com 2% Eamed on Fuel* 1% Eamed on Other Purchases Total Eamied this Statement Redeemed this Statement *Walmart and Murphy USA stations only $0.00 $0.00 Earn rewards on everyday purchases $0.00 with your Walmart Credit Card! $0.00 $0.00 ‘Tran Date PostDate Reference Number 10/26 10/26 F811200Mwoosss990 10/26 10/26 F911200Mwo0sss990 10/24 10/21 10/26 10/26 10/26 10/26 (Continued on next page) Tr Ruumanniiitaey HUgice aaiie Saite coma mimi GSU E REG genoa cence sen bees Description of Transaction or Credit Plan Type Amount CHARGE OFF (81,344.11) ACCOUNT-PRINGIPALS CHARGE OFF ACCOUNT-INTEREST ($464.24) CHARGE FEES LATE FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.00 INTEREST CHARGED INTEREST CHARGE ON PURCHASES. $0.00 INTEREST CHARGE ON.CASH $0.00 ADVANCES PAYMENT DUE:BY 5 P.M: (ETON THE DUE DATE, NOTICE: We may convert your payment into an electronic debit. See reverse for details, Billing Rights and other important information. saga WH 1 3 26 161026 ZXPAGE 1 of 3 gi12 1490 0204 O1BAS404 Detach and mail this portion with your check, Do not include any corsespandence with your check. Walmart >;<. Save money. Live better. Account Number: 3030 ee JESSICA DURHAM 570g RIVER RUNQg ROCKLIN CA 95765-4104 WW eawtoner § ||. New address or email? Print changes on back. Make Payment To: WALMART/SYNCHRONY BANK P.O. BOX 530927 ATLANTA, GA 30353-0927 os Walinart an Save money. Live batter. one Hees | ‘Tran Date Post Date Reférence Number Description of Transaction or Credit Plan Type. Amount TOTAL INTEREST FOR THIS PERIOD $0.00 Total Fees chargedin 2016 $315.00 Total Interest charged in 2016 $264.24 Total Interest Paid in 2016 $73.69 te : GAlCUIBHON ED | Ur saul nomena anall orrnenns Your Al ntage Rate (APRJs the annual interest rate on your account. Type of Balance Expiration Plan Annual Percentage Balance Subject to _ Interest Balance Date Type Rate Interest Rate Charge Method Regular Purchases & Cash NA REG 23.15% (v) $0.00 $0.00 2D Aiivances (v) = Variable rate Te Statement not provided to customer. IFyour account has a deferred interest promotion and you would like us to apply a payment an your accaunt to a specific balance, please call Customer Service to discuss optioris that may bé available. Please note that Cashier Checks and Loan Transfer Checks are not acceptable forms of tender when making your payment in Sam's Club® or Walmart®. 5404 FH 1 a 26 ieroz6 2X PAGE 2 of 3 9212 1400 0204 oiBAsa04 Department of Defense Manpower Data Center ~ Results as of : Oct-19-2017 41:31:10 AM SSN: Birth Date: Last Name: First Name: Middle Name: Status As Of: Certificate ID: Upon searching the data banks of the Department of Defense Manpower SCRA 4.0 . Status Report Pursuant to Servicemembers Civil Relief Act XXX-XX-9646 Mar-XX-1989 DURHAM JESSICA Oct-19-2017 SFOKR6ECNWIUSQ4V This response: This response reflects. left active Status Date This resporise reflects whether to report for active duty éd'on the information that you provided, the above is the status of the individua! 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. Sorrenito,.Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 2 oN om The Qefense Manpower Data Center (DMD! 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 strongly supports the enforcement of the Servicemembers Civil Relief Act (50. USC App. 7.501 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, arid has. experienced only a small error.rate. In the.event the individual referenced above, or any family member, friend, or representative asserts in any mariner that the individual was on active duty forthe 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 (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was of 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 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 his/her unit received early notification to report for active. duty on the Active Duty Status Date. i . : More information on "Active Duty Status" . Active duty status as reported in this certificate is defined in accordance with 10 USG ? 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 fo 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 Title 10 arid Title 14-active dui ll the Uniformed Services periods. Title 32.periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC'?"101 (dy 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 Teport 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 guarariteed 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. Praviding erroneous information will cause an erroneous certificate to be provided.
