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DOCKET NO: HHD-CV—l6-6073595-S
`
`US. BANK NATIONAL ASSOCIATION
`
`VS
`
`GONZALEZ, MAGDA, ET AL
`
`:
`
`:
`
`:
`
`SUPERIOR COURT
`
`.I.D. OF HARTFORD
`
`AT HARTFORD
`
`MILITARY AFFIDAVIT
`
`1, Brittany L. Tatum, Assistant Vice President, being duiy sworn under oath, state as follows:
`
`1. I am an employee of the Plaintiff/Petitioner, US. Bank Nationai Association as successor by merger to
`to U.S. Bank, National Association ND, in this case. I am duly authorized to make this affidavit. I have
`personal knowiedge of the facts stated here, and am competent to testify to the matters stated herein.
`
`This affidavit has been filed in support of the P1aintiff’s Motion for Judgment of Strict
`2.
`Foreclosure against the Defendant(s)/Respondent(s) and in accordance with 50.U.S.C. § 3931(b) (1), a
`provision ofthe Servicemembers Civil Relief Act, Pub. L. 108-} 89, HR. 100, as amended (2003).
`
`3.
`
`The Defendant, Magda Gonzalez
`$5 not currently in the “military service,” as that term is defined in 50.U.S.C. § 391 1(2)”
`
`E1 is currently in the “military service,” as that term is defined in 50.U.S.C. § 391 1(2)
`
`This fact is supported and based upon my review ofa military status report obtained from the
`Department of Defense’s Defense Manpower Data Center website
`Ihttgs://www.dmdc.osd.miI/appi/scra/scraHome.do). The military status report, which has been attached
`as ‘Exhibit A,’ indicates:
`fithat the Defendant was not on active duty status as of February 17, 2017, and had not been
`on active duty status at any point during the preceding 367 days;
`
`E} that the Defendant was on active duty status as of February 17, 2017, and continues to be
`
`on active duty status;
`
`[1 that the Defendant was not on active duty status as of February 17, 2017, but was on
`
`active duty status during the preceding 367 days;
`
`STANDARD AFFIDAVIT REGARDING MILITARY SERVICE
`
`SCRA- Affidavit of Military Status - Default Judgment
`Created 11/2213
`Issued and Empiemented 1-9-2014; Updated 5-30-2014; Updated 2-24-2016, Updated 5-31-2016, Updated E3-9-2016
`
`

`

`4.
`
`El The Plaintiff is unable to determine whether or not the Defendant, Magda Gonzalez, is in the
`
`military service.
`
`U.S. BANK NATIONAL ASSOCIATION
`
`
`
`and/l/ll/l
`
`TORY
`
`iGNATURE or s
`
`BY:: '
`
`[
`
`Brittany L. Tatum, Assistant Vice President
`
`[PRINTED NAME OF STGNATORY]
`
`DATE: iiebruary 17', 2017
`
`State of Kentucky
`County of Daviess
`
`(date),
`-v 7
`The foregoing instrument was subscribed and sworn to before me this Q "
`by Brittany L. Tatum, Assistant Vice President (na1ne(s)and tit1e(s) of authorized affiant(s)) of US. Bank
`National Association, a federally chartered banking association, on behalf of US. Bank National
`Asso '
`tion.I——._
`
`
`(seal)
`
`(signature of notary)
`
`State At Large (title or rank)
`
`oi=i=l'c:AL SEAL
`
`LORRIE MDQRE
`
`N0'I'ARY PUBUC - i<EN‘t‘UClW
`
`STATE-AT-LARGE
`My Comm, Expires -—z~l6~2019
`
`ID 5! 532173
`~:.,\ga® 3, .
`
`
`
`STANDARD AFFIDAVIT REGARDING MILITARY SERVICE
`
`SCRA— Affidavit of Military Status — Default Judgment
`Created 11122/13
`Issued and Implemented 1-9-2014; Updated 5-30-2014; Updated 224-2016, Updated 5-31-2016, Updated 6-9-2016
`
`

`

`EXHIBIT A
`
`

`

`Department of Defense Manpower Data Center
`
`Results as of: Feb-17-2017 07:53:46 AM
`
`SCRA 3,0
`
` Siam; Report
`
`Pursuant to Service-members Civil Rettef Act
`
`SSN: xxx )8":
`Birth Date:
`
`Last Name: GONZALJE;
`First Name:
`
`Middte Name:
`
`Active Duty Status As Of: VF_et:)_—17—201 7
`
`..-.= Redacted information
`
`On Active Duty On Active Duty Status Date
`
`This response ‘reflects the individuals‘ active duty status based on the Active Duty Status Date
`
`Aciivebuwsiarmate
`
`Acrweauwsnanae
`NA‘
`
`--
`
`.-
`
`NA
`
`Left Active Duty Within 357 Days c-Motive Duty Status Date
`
`
`
`Acme my am we
`
`Acme Duty and am
`---M
`'
`No
`.:-
`.-
`NA
`This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`Order Notification Start Date
`
`The Member or Hisll-ler Unit Was Notified of a Future Catt-Up to Active [July on Active Duty Status Date
`Order Notification End Date
`Status
`
`This response reftects whether the individual or rilisiherl unit has received early notification to report for active duty
`
`Service Compunent
`
`M
`
`Upon searching the data banks ofthe Department of Defense Manpower Data Center, based on the information that you provided. the above is the status of
`the individuat on the active duty status date as to all branches ofthe Uniformed Services (Army. Navy, Marine Corps. Air Force, NOAA, Pubiic Health, and
`Coast Guard}. This status inciucfes information on a Servicemember or hislher unit receiving notification of future orders to report for Active Duty.
`
`3
`
`
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite G4E25
`Arlington, VA 22350
`
`

`

`The Defense Manpower Data Center (DMDC) is an organization ofthe Department of Defense (Dot?) that maintains the Defense Enrollment and Eligibiiity
`Reporting System (DEERS) database which is the official source of data on eligibility for military medicai care and other eligibility systems.
`
`The DoD strongly supports the enforcement ofthe Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) {forrneriy known as
`the Soldiers‘ and Sailors‘ Civil Relief Act of 1940). DMDC has issued hundreds ofthousands of"does not possess any information indicating that the
`individual is currentiy on active duty" responses, and has experienced only a srnalt 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 duty for the active duty status date, or is otherwise entitled to the
`protections ofthe 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:i'.iscra.dmdc.c-sd.mii!faq.xhtml#Q33.
`if you have evidence the person
`was on active duty forthe 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).
`
`(1) The individuai's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
`This response refiects the following information:
`Duty status within 36? days preceding the Active Duty Status Date (3) Whether the individual or hisiher 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 § ‘tO1(d) (1). Prior to 2010 only some ofthe active duty periods less
`than 30 consecutive days in length were available.
`in the case of a member ofthe National Guard, this inciudes 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. Ali Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
`unit they support. This inciudes Navy Training and Administration ofthe Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Unitormed Service member who is an active duty commissioned officer of the U.S.
`Public l-ieaith 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. SC RA protections are for Title 10 and Titte 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 wouid 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 SC RA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
`actuatly begun active duty or actuaily 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 coutd reiy on this certificate 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 last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`erroneous information wiil cause an erroneous certificate to be provided.
`
`Certificate ED: ZC46U89CC446020
`
`

`

`_I_hereby certify that a copy of the above was mailed or electronically delivered on
`
`CERTIFICATION
`
`L gfbwllg
`
`for electro ie delivery was received from all counsel and pro se parties of record who were
`electronically served, as follows:
`
`, 20] I
`
`to all counsel and pro se parties ofrecord and that written consent
`
`NONE OF RECORD
`
`
`
`NOTICE: THE LAW FIRM OF BENDETT & MCHUGH,
`S A DEBT
`COLLECTOR AND IS ATTEMPTING TO COLLECT A I T. ANY INFORMATION
`WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
`
`Commissioner of t
`
`s\CI'lO1' Court
`
`
`
`RECEIVED A DISCHARGE IN BANKRUPTCY WHICH DISCHARGED THIS DEBT,
`THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
`
`ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
`AGAINST PROPERTY.
`
`BEN DETT€<.j’ MCI-IUGI-I
`I60 FAR-.vu1\=cn‘oN AVENUE - FA1evnNGT0N,GT 06032 ' (860) 677-2868 ~ ‘IURIS No. 102892
`
`

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