Preview
KELLY SMITH ELECTRONICALLY
. .
FILED:
State Bar No. 276830
WAGGOMAN & SMITH superior Court of California,
PROFESSIONAL CORPORATION
NH
A LAW County of Placer
1215 Plumas Street, Suite 1800 08/06/2020
W
Mubar eit, as Peel By: OliviaLucatuorto, Deputy Clerk
Telephone: (530) 743-3036
HR
Facsimile: (530) 671-1461
On
Attorney for Plaintiff
SIERRA CENTRAL CREDIT UNION
DH
SY
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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10
11 SIERRA CENTRAL CREDIT UNION, Case No.: MCV0075226
12 AFFIDAVIT IN LIEU OF TESTIMONY
Plaintiff, FOR ENTRY OF DEFAULT
13 JUDGMENT [CCP Section 585(d)
14 DECLARATION OF LOST DOCUMENT
15 ANNA HAMMOND,
16 Defendant.
17
18
I,LANCE GECZY, declare:
19
. I am a competent individual over the age of 18 years. The facts stated in this
20
declaration are within my personal knowledge and if called as a witness, Icould and would
21
competently testify to these facts.
22
2, Iam Vice President of Collections for Sierra Central Credit Union , plaintiff in
23
this case.
24
3. In my capacity as Vice President of Collections for SIERRA CENTRAL CREDIT
25
UNION, Iam authorized to testify inthis matter and am custodian of business records of
26
SIERRA CENTRAL CREDIT UNION concerning the accounts of defendant ANNA
27
HAMMOND.
28
AffidavitinLieu ofTestimony
1
4. All business records, written and computerized are kept in the ordinary course of
business, as a standard business practice and procedure, by employees of the credit union charged
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with this duty, at or about the time of each and every transaction effecting an account. In the
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regular course of business, plaintiff maintains the original business records for easy storage and
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recall. The copies of the exhibits attached to the complaint were taken under my personal
WN
direction, and are true and correct copies of the original business records. The original
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documents in this matter were placed on my microfilm for easy storage and to reduce cost, they
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were then destroyed and are unavailable. The photocopies, attached as exhibits to the complaint,
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are true and correct copies of documents sent to our attorney, Kelly Smith, to prosecute this case
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10 and are incorporated by reference.
11 oe Summons and complaint were issued and filed respectively on November 13,
12 2019, and served on December 7, 2019.
13 6, As for the first and second cause of action, on or about September 20, 2016,
14 plaintiff and defendant agreed to the terms of a credit card agreement, account no. 1908383-20, a
15 copy of which is attached as Exhibit A. Defendant would pay for credit card purchases at 10.49%
16 per annum commencing October 20, 2016 until paid in full.
17 Mh. On or about May 25, 2019, defendant defaulted in paying the monthly payment
18 due under the agreement.
19 8. Defendant was sent a demand for payment of the balance owing, plus accrued
20 interest. No response or payment has been received. Therefore plaintiff seeks the sum of
21 $3,800.51 from defendant, plus accrued interest of $324.82, 10.49% per annum from May 25,
22 2019 through March 17, 2020, 298 days on the firstand second cause of action.
23 9, Plaintiff has been required to engage legal counsel to prosecute this action and
24 $8610.10 isa reasonable sum to be so adjudged as stated inthe accompanying Declaration of
25 Counsel in Support of Award of Attorney’s Fees currently filed with this Affidavit. In addition,
26 plaintiff seeks costs of suit.
27
28
AffidavitinLieu ofTestimony
2
WHEREFORE, plaintiff prays for judgment against ANNA HAMMOND as follows:
PO
Principal: $ 3,800.51
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Interest: $ 427.28
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Costs: $ 275.00
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Attorney Fees: $ 860.10
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TOTAL $ 5,362.89
SI
I DECLARE the foregoing matters are within my personal knowledge, and if sworn as a
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witness, I can testify competently to them. Executed under penalty of perjury under the laws of
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the State of California on SZ day of June, 2020, at Yuba City, California.
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LANCE GECZY, Declarant‘“as
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Vice President of Collections for Plaintiff,
SIERRA CENTRAL CREDIT UNION
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AffidavitinLieu ofTestimony
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Exhibit A
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IERRA 1351 Harter Parkway
CENTRAL Yuba City, CA 95993 Application
YourCommunityRaaking
Institution
A table that includes required credit card disclosures ison a separate document
provided with thisApplication. To obtain any change inthe required information
since itwas printed, callus tollfree at 800-222-7228.
Married Applicants:May applyfora separateaccount
IndividualCredit:Youmust completethe Applicantsectionaboutyourself
and theOther sectionaboutyourspouse if:
1.you live
inor theproperty
pledged as collateral
islocated
in a communityproperty
stale(AK,AZ, CA, ID,LA,NM, NV, TX,WA, WI),
2. yourspouse will
use theaccount,or
3. you arerelying
on yourspouse'sincome as abasisforrepayment.If you
are relying
on income fromalimony,
childsupport,orseparatemaintenance,
complete theOther section
tothe extentpossible
aboutthe personon whose payments you arerelying
JointCredit:Each Applicant
must individually
complete theappropriate
sectionbelow.If Co-Borrower
isspouse oftheApplicant,
mark theCo-Applicantbox.
Guarantor:Complete theOther sectionif you
areaquarantoron an account/loan,
(] LOANLINER Account/Loan CreditCard Account KI Individual ( Joint
Amount Requested $0.00 CreditLimitRequested $20,000.00
Purpose/Collateral:
Loan Promo If Authorized
User, Name:
Repayment: : a .
pay [_] Payroll
Deduction Cash CI Military
Allotment [_] AutomaticPayment
APPLICANT: | OTHER e 8 lO CO-APPLICANT: [_] SPOUSE [[] OTHER
NAME NAME
Anna Hammond
ACCOUNT NUMBER ACCOUNT NUMBER
#48383 ah
SOCIALSECURITYNUMBER DRIVER'S
LICENSENUMBER/STATE SOCIALSECURITYNUMBER DRIVER'S
LICENSENUMBER/STATE
WORN TTA C6123406/ CA DL rte
AGES OFDEPENDENTS EMAILADDRESS AGESOF DEPENDENTS EMAILADDRESS
16,14
BIRTHDATE HOME PHONE BUSINESSPHONE/EXT BIRTHDATE HOME PHONE BUSINESSPHONE/EXT
03/25/1969 916-773-1759 916-624-2123
PRESENTADDRESS (Street
- City
- State
- Zip) x ]OWN[| RENT PRESENTADDRESS (Street
- Gity
- State
-Zip) OWN [| RENT
137 Ash St LENGTHATRESIDENCE LENGTHAT RESIDENCE
Roseville,Ca 95678-2203 01/01/1993
PREVIOUSADDRESS (Street
- City
- State
- Zip) OWN RENT PREVIOUSADDRESS(Street
- City
- State
- Zip) OWN | | RENT
LENGTHATRESIDENCE LENGTHATRESIDENCE
COMPLETE FORJOINTCREDIT,
SECUREDCREDITOR IF YOU
LIVEINACOMMUNITY COMPLETE FORJOINTCREDIT,
SECUREDCREDITOR IF YOU
LIVE
INA COMMUNITY
PROPERTY STATE PROPERTY STATE
P<]MARRIED [] SEPARATED[] UNMARRIED(Single
- Divorced
- Widowed) ( marrico[] SEPARATED [[]UNMARRIED(Single
- Divorced
- Widowed)
EMPLOYMENT/INCOME EMPLOYMENT/INCOME
NAME ANO Cc NAME AND
ADDRESS OF Holy CrossAcademy ADDRESS OF
EMPLOYER 4701 Grove St EMPLOYER
Rocklin , Ca95677
TITLE/GRADE STARTDATE HOURS ATWORK TITLE/GRADE STARTDATE HOURS ATWORK
Pre K Teacher 08/01/2011 25
SUPERVISOR'S
NAME IF SELF
EMPLOYED,TYPEOFBUSINESS SUPERVISOR'S
NAME IF SELF
EMPLOYED,TYPEOFBUSINESS
Chris Johnson N
NOTICE:ALIMONY,
CHILDSUPPORT,ORSEPARATEMAINTENANCEINCOMENEED NOTBE NOTICE:
ALIMONY,CHILD
SUPPORT,OR SEPARATEMAINTENANCE
INCOME NEEDNOT BE
REVEALEDIF YOUDONOT CHOOSETO HAVEIT CONSIDERED REVEALEDIF YOUDONOT CHOOSETO HAVEIT CONSIDERED
EMPLOYMENT INCOME EMPLOYMENT INCOME
$1,003.00 Per M O ner GROSS Per (1 Net GROSS
OTHER INCOME OTHER INCOME OTHER INCOME OTHER INCOME
Per Per Per Per
SOURCE SOURCE SOURCE SOURCE
OTHER INCOME OTHER INCOME OTHER INCOME OTHER INCOME
Per Per Per Per
SOURCE SOURCE SOURCE SOURCE
PREVIOUSEMPLOYER NAMEAND ADDRESSIFEMPLOYEDLESSTHAN STARTINGDATE PREVIOUSEMPLOYER NAMEANDADDRESS IF EMPLOYED
LESSTHAN STARTINGDATE
FIVEYEARS FIVEYEARS
——— ———
ENDING DATE ENDINGDATE
©CUNA MUTUALGROUP, 1980,
82,
84,86,
89,2000,
03,
04,07, ALL
RIGHTSRESERVED PAGE 1 SCCU ROA g2CAX KIB)
REFERENCE
- RELATIONSHIP
NAME ANDADDRESSOF NEARESTRELATIVE
NOT LIVING
WITHYOU Fathe RELATIONSHIP
r
NAMEAND ADDRESSOF NEARESTRELATIVE
NOT LIVING
WITHYOU
Gary Maul Friend
Ramon Casada
13627 ElkMountain HOME PHONE 133 Ash St
Upperlake HOME PHONE
,CA 95485 707-275-3167 Roseville ,;CA95678 916-879-2520
WHAT YOU OWE Ree attach
additional
sfeet{s}
tnecccsey) | EAR [present
earance] — MONTRLY APRLOANTTOTTER
NIA O CO
N/A oO Oo
N/A O Oo
N/A O Oo
N/A im Oo
N/A O Oo
N/A im oO
N/A Oo O
N/A Cc Oo
N/A O Oo
N/A Oo 0
N/A O O
LIST
ANY NAMES UNDERWHICHYOUR CREDITREFERENCESANDCREDITHISTORYCAN BECHECKED TOTALS $0.00 $0.00
WHAT YOU OWN LISTLOCATION
OF PROPERTYOR FINANCIAL
INSTITUTION MARKET VALUE eT GRINGHEER ALE ae —
yes[] no[] O oO
ves[] no] O O
yes [] no [L] oO O
ves(] noC] oO oO
yes[] no] oO Oo
yes[] no] O oO
yes[] No] OQ Oo
OTHER INFORMATION ABOUT YOU sal iF YOU
ANSWER "YES"TOANYQUESTIONOTHER THAN#1,EXPLAIN
ON ANATTACHEDSHEET eee ves ne
1. AREYOUAUS. CITIZEN
OR PERMANENTRESIDENTALIEN?
2 DOYOU CURRENTLY | [ ] [x]
HAVEANY OUTSTANDINGJUDGMENTSOR HAVEYOUEVER FILED
FOR BANKRUPTCY,
HAD A DEBT
ADJUSTMENT
CONFIRMED UNDER CHAPTER PLAN
13,HADPROPERTY FORECLOSEDUPON ORREPOSSESSEDINTHE LAST7 YEARS,
ORBEENA PARTYIN A LAWSUIT? L] Leg
3, ARE YOU A CO-MAKER,
CO-SIGNEROR GUARANTORON ANYLOAN NOTLISTED
ABOVE?
FORWHOM (Nameof Others
Obligated
onLoan): CI) bg oOo
TOWHOM (Nameof Creditor):
STATE LAW NOTICES. |OHIO RESIDENTS ONLY: The Ohio laws CreditUnion is
furnisheda copy oftheagreement,statementor decree,
oe ———lagainst discrimination
requirethatallcreditorsactual
orhas
knowledge of itsterms,beforethe credit
is grantedor theaccount is
make creditequallyavailable
to allcreditworthy
customers, and thatcredit opened. (2)Please signifyou are notapplyingforthisaccount orloan
reportingagenciesmaintainseparatecredithistories
on each individual with
upon your spouse.The credit
being appliedfor,ifgranted,
request,The Ohio Civil
Rights Commission administers willbe incurredin the
compliance withthis of
interest themarriage or of
family theundersigned.
law.
WISCONSIN RESIDENTS ONLY: (1) No provisionof any maritalproperty
agreement,
Section
unilateral
766.70 will
statement
adversely
underSection 766.59,orcourtdecree under X
affect
the rights
of theCreditUnion unlessthe
SIGNATUREFORWISCONSINRESIDENTSONLY DATE
SIGNATURES
1.You promise thateverything
you have statedinthisapplication
iscorrect
to 2. Ifyou are applying fora creditcard,you understand thatthe use of
thebest ofyourknowledge and thattheabove information
isa completelisting
ofwhat you your card willconstitute acknowledgment of receiptand
owe.If there
areany importantchanges youwillnotify
usinwriting agreement to
immediately.You authorizethe the terms of the credit card agreement and disclosures. Ifyou are
CreditUnion toobtain credit
reportsand. to
gatheremployment historyasnecessary and appropriatein applying for a Secured Visa, you grant us a securityinterest inall
connection with
thisapplication
forcredit
and forany update, increase,
renewal,extensionor individualand jointshareand/or depositaccounts you have with us now
Collection
ofthe credit
received.
You understand thattheCreditUnion will
rely and inthe futureto secure your creditcard account. When you are in
on the information
in thisapplicationand your creditreportto make its default,you authorize
decision.
If you us to apply thebalance in theseaccounts toany
request,
the CreditUnionwilltell
youthe name and addressof
any credit
bureau from amounts due. Shares and deposits inan IndividualRetirement
whichitreceiveda Account,
=
credit
reporton you. It
isa federal
crimeto willfully
and deliberately
provideincomplete and any other account thatwould lose specialtaxtreatment under state
orincorrect
information
on
loanapplications
made tofederal
creditunionsorslatecharteredcredit
unions or federallawif givenas security,
are notsubjectto thesecurityinterest
insuredby NCUA, you have given inyour shares and deposits.
x Xo
———- ——- -
(SEAL) (SEAL)
“y ’
09/20/2016
DATE
LX OTHER SIGNATURE DATE
PAGE 2
SCCU Form: LnApp
KCAAS2 (AXX12B)-e
IssueTrak # 73380
Page | of |
View Issue #73380
print |back to menus
Issue =; 73380
issue Status: Wee
Issue Type: Central Operations Related
SubType 1: New Credit Card Order
Sublype 2: Platinum
Organization: Branchi9 history
Submitted By: RosevilleBranch on 20-Sep-2016 2:15pm 916-786-6399 history
Subject: New Credit Card Visa
Account 4 1908383
IniliatorsTellerx 2906
Credit Card Type: VPV-Visa Platinum Variable
Descriplion
| Byentering my tellernumber in the required fieldabove,
ithe address associated with this | acknowledge that
|SCCU
account has been verifiedin accordance
Red Flags/Identity Theft Procedures. with i
|30 days have Any changes made within the
been verified by the member past °
at the time ofthis request.
| i
| Torequest a credit card for a new VISA line of credit, please
| following: Provide the
‘Card Name(s) & Authority (primary, jt 1,co-maker, authorized user,.,)
_ ANNA HAMMOND, PRIMARY
_ STEVE HAMMOND, AUTHORIZED USER
|
| Application # 358492
| SpecialInstructions:
|
|
‘Unless otherwise noted under S pecialInstructions, alfcards willbe mailed
‘the addres S ofrecord, Additional charges to |
jto a different apply for allcards mailed or rushed
address. These fees willbe applied
,cost center. tothe requesting branch's
| Thank you,
' ElectronicServices Department
|
= =
Assigned To: Central Operations on 20-Sep-2016 2:15PM details
triliatorsFullName AMBER ORCUTT
Phone Ext 101
Required By Date:
Labor Hours: 00:00
Priority: Standard
http./sc-intranetlissuetrak/C SIssue_View.asp?IssueNbr=733 80&print=on 9/20/2016
IERRA
> LQANLINE.
CENTRAL
V SA
YourCommunityBankingInstitution
CONSUMER CREDIT CARD AGREEMENT
In thisAgreement, “Agreement” means this Consumer Credit Card Agreement. “Disclosure” means the Credit Card
Account Opening Disclosure. The Account Opening Disclosure is incorporated intothis Consumer Credit Card Agreement
and is part of the Agreement. In thisAgreement the words “you," “your,” and "yours" mean each and allof those who
agree to be bound by thisAgreement; "card" means the Visa creditcard and any duplicates, renewals, or substitutions the
Credit Union issues to you; “account" means your Visa credit card line-of-creditaccount with the Credit Union: and "Credit
Union" means the Credit Union whose name appears on thisAgreement or anyone to whom the Credit Union transfers
thisAgreement.
1. USING YOUR ACCOUNT — Ifyou are approved for an account, the Credit Union willestablish a line ofcredit for you.
You agree that your credit limit is the maximum amount (purchases, cash advances, finance charges, plus "other
charges") which you willhave outstanding on your account at any time. Unless disclosed otherwise, the Credit Union will
not allow advances over the credit limit.Ifthe Credit Union has a program whereby itallows payment of advances that
exceed your credit limit,subject to a fee, the Credit Union willprovide you with notice, either orally, in writing, or
electronically (notwithstanding the requirements ofthe paragraph entitled “Statements and Notices”) explaining your right
to opt in tothe Credit Union’s program whereby itwillhonor advance requests over the credit limit.Inthe event you opt in
to such a program, you agree to the terms of such a program. You may request an increase inyour credit limitonly by a
method acceptable to the Credit Union. The Credit Union may increase or decrease your credit limit,refuse to make an
advance and/or terminate your account at any time for any reason not prohibited by law. Ifyou are permitted to obtain
cash advances on your account, we may, from time to time, issue convenience checks to you that may be drawn on your
account. Convenience checks may not be used to make a payment on your account balance. Ifyou use a convenience
check, itwillbe posted to your account as a cash advance. We reserve the rightto refuse to pay a convenience check
drawn on your account for any reason and such refusal shall notconstitute wrongful dishonor.
You may request thatwe stop the payment of a convenience check drawn on your account. You agree to pay any fee
imposed to stop a payment on a convenience check issued on your account. You may make a stop payment request
orally,if permitted, or inwriting. Your request must be made with sufficient time in advance of the presentment of the
check for payment to give us a reasonable opportunity to act on your request. In addition, your request must accurately
describe the check including the exact account number, the payee, any check number that may be applicable, and the
exact amount ofthe check. If permitted, you may make a stop payment request orally but such a request will expire after
14 days unless you confirm your request in writing within thattime. Written stop payment orders are effective only for six
months and may be renewed for additional six month periods by requesting in writing that the stop payment order be
renewed. We are not required to notifyyou when a stop payment order expires. If we re-credityour account after paying a
check or draft over a validand timely stop payment order, you agree to sign a statement describing the dispute with the
payee, to assign to us all of your rights against the payee or other holders ofthe check or draft and to assist us in any
legal action. You agree to indemnify and hold us harmless from allcosts and expenses, including attorney's fees,
damages, or Claims, related to our honoring your stop payment request or infailingto stop payment of an item as a result
of incorrect information provided tous orthe giving of inadequate time to act upon a stop payment request.
2. USING YOUR CARD — You understand that the use of your credit card or credit card account will constitute
acknowledgement ofreceipt and agreement to the terms of the Credit Card Agreement and Credit Card Account Opening
Disclosure (Disclosure). You may use your card to make purchases from merchants and others who accept your card.
The credit union is not responsible for the refusal ofany merchant or financialinstitutionto honor your card. Ifyou wish to
pay forgoods or services over the Internet, you may be required to provide card number security information before you
will be permitted to complete the transaction. In addition, you may obtain cash advances from the Credit Union, from
other financial institutionsthat accept your card, and from some automated tellermachines (ATMs). (Not allATMs accept
your card.)Ifthe credit union authorizes ATM transactions with your card, itwillissue you a personal identificationnumber
(PIN). To obtain cash advances from an ATM, you must use the PIN issued to you foruse with your card. You agree that
you will not use your card forany transaction that is illegalunder applicable federal, state,or local law. Even ifyou use
your card foran illegaltransaction, you willbe responsible for allamounts and charges incurred inconnection with the
transaction. Ifyou are permitted to obtain cash advances on your account, you may also use your card to purchase
instruments and engage in transactions that we consider the equivalent ofcash. Such transactions willbe posted to your
account as cash advances and include, but are not limited to,wire transfers and money orders. This paragraph shall not
be interpreted as permitting orauthorizing any transaction that isillegal.
3. PROMISE TO PAY — You promise to pay all charges (purchases, cash advances, balance transfers, use of
convenience checks or any other charge) made to your account by you oranyone you authorize to use your account. You
also promise topay allfinance charges and other charges added to your account under the terms ofthis Agreement or
another agreement you made with the Credit Union. Ifthis isa joint account, the paragraph on JOINT ACCOUNTS also
applies to your account.
SCCUForm: VAgree
©CUNA MutualGroup 1991,2006, 09,10, 12,14All
Rights Reserved DCAJO4 (MXC502 CCM004)-e
4. PERIODIC RATES — The periodic rates applicable to purchases, cash advances, and balance transfers are
disclosed on the Disclosure thataccompanies thisAgreement. Any penalty rate that may be imposed for failingto make a
payment by the payment due date is also disclosed on the Disclosure. Any rate change will be made pursuant to
applicable law. Ifthe rate for your account is variable, as indicated on the accompanying Disclosure, the rate charged on
purchases, cash advances, balance transfers and any penalty rate will vary periodically as disclosed in the Disclosure
accompanying thisAgreement. The initial
rate on your account forcertain types of transactions may be an introductory
discounted rate (Introductory Rate) that is lower than the rate that would ordinarilyapply forthat type oftransaction. Ifan
Introductory Rate applies to your account, the rates and the period of time it
will be effective is shown on the Disclosure
accompanying this Agreement. After the Introductory Rate period expires, the periodic rate willautomatically increase to
the rates that would ordinarilyapply forthat type of transaction based on the terms ofthisAgreement.
5. FINANCE CHARGES — New purchases posted toyour account during a billingcycle will not incur a finance charge
for that billingcycle. Finance charge begins to accrue on those purchases from the firstday of the next billingcycle,
unless you paid the entire new balance on the previous cycle’s billingstatement by the payment due date of that
statement. To avoid an additional finance charge on the balance of purchases, you must pay the entire new balance on
the billing statement by the payment due date ofthat statement. A finance charge begins to accrue on cash advances
from the date you get the cash advance or from the first
day of the billingcycle inwhich the cash advance isposted to
your account, whichever islater (transaction date).
The finance charge is calculated separately for purchases and cash advances. For purchases, the finance charge is
computed by applying the periodic rate tothe average daily balance of purchases. To calculate the average daily balance
of purchases, we take the beginning outstanding balance of purchases each day and subtract any payments and/or
credits that we apply to the purchase balance. (We do not add in any purchases posted during the billing cycle.) This
gives us the daily balance of purchases. We then add all ofthe dailybalances of purchases forthe billingcycle together
and divide the totalby the number of days in the billingcycle. This gives us the average daily balance of purchases.
Balance transfers are calculated in the same manner as purchases.
For cash advances, the finance charge is computed by applying the periodic rate to the average daily balance of cash
advances. To calculate the average daily balance of cash advances, we take the beginning outstanding balance ofcash
advances each day, add in any new cash advances, and subtract any payments and/or credits that we apply to the cash
advance balance. This gives us the daily balance of cash advances. We then add allof the daily balances of cash
advances for the billing cycle together and divide the total by the number of days in the billingcycle. This gives us the
average daily balance of cash adva
Preview
KELLY SMITH ELECTRONICALLY . . FILED: State Bar No. 276830 WAGGOMAN & SMITH superior Court of California, PROFESSIONAL CORPORATION NH A LAW County of Placer 1215 Plumas Street, Suite 1800 08/06/2020 W Mubar eit, as Peel By: OliviaLucatuorto, Deputy Clerk Telephone: (530) 743-3036 HR Facsimile: (530) 671-1461 On Attorney for Plaintiff SIERRA CENTRAL CREDIT UNION DH SY IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo IN AND FOR THE COUNTY OF PLACER o 10 11 SIERRA CENTRAL CREDIT UNION, Case No.: MCV0075226 12 AFFIDAVIT IN LIEU OF TESTIMONY Plaintiff, FOR ENTRY OF DEFAULT 13 JUDGMENT [CCP Section 585(d) 14 DECLARATION OF LOST DOCUMENT 15 ANNA HAMMOND, 16 Defendant. 17 18 I,LANCE GECZY, declare: 19 . I am a competent individual over the age of 18 years. The facts stated in this 20 declaration are within my personal knowledge and if called as a witness, Icould and would 21 competently testify to these facts. 22 2, Iam Vice President of Collections for Sierra Central Credit Union , plaintiff in 23 this case. 24 3. In my capacity as Vice President of Collections for SIERRA CENTRAL CREDIT 25 UNION, Iam authorized to testify inthis matter and am custodian of business records of 26 SIERRA CENTRAL CREDIT UNION concerning the accounts of defendant ANNA 27 HAMMOND. 28 AffidavitinLieu ofTestimony 1 4. All business records, written and computerized are kept in the ordinary course of business, as a standard business practice and procedure, by employees of the credit union charged bv with this duty, at or about the time of each and every transaction effecting an account. In the W regular course of business, plaintiff maintains the original business records for easy storage and BP recall. The copies of the exhibits attached to the complaint were taken under my personal WN direction, and are true and correct copies of the original business records. The original DR documents in this matter were placed on my microfilm for easy storage and to reduce cost, they ss were then destroyed and are unavailable. The photocopies, attached as exhibits to the complaint, CO are true and correct copies of documents sent to our attorney, Kelly Smith, to prosecute this case So 10 and are incorporated by reference. 11 oe Summons and complaint were issued and filed respectively on November 13, 12 2019, and served on December 7, 2019. 13 6, As for the first and second cause of action, on or about September 20, 2016, 14 plaintiff and defendant agreed to the terms of a credit card agreement, account no. 1908383-20, a 15 copy of which is attached as Exhibit A. Defendant would pay for credit card purchases at 10.49% 16 per annum commencing October 20, 2016 until paid in full. 17 Mh. On or about May 25, 2019, defendant defaulted in paying the monthly payment 18 due under the agreement. 19 8. Defendant was sent a demand for payment of the balance owing, plus accrued 20 interest. No response or payment has been received. Therefore plaintiff seeks the sum of 21 $3,800.51 from defendant, plus accrued interest of $324.82, 10.49% per annum from May 25, 22 2019 through March 17, 2020, 298 days on the firstand second cause of action. 23 9, Plaintiff has been required to engage legal counsel to prosecute this action and 24 $8610.10 isa reasonable sum to be so adjudged as stated inthe accompanying Declaration of 25 Counsel in Support of Award of Attorney’s Fees currently filed with this Affidavit. In addition, 26 plaintiff seeks costs of suit. 27 28 AffidavitinLieu ofTestimony 2 WHEREFORE, plaintiff prays for judgment against ANNA HAMMOND as follows: PO Principal: $ 3,800.51 WY Interest: $ 427.28 BP Costs: $ 275.00 AW Attorney Fees: $ 860.10 NHN TOTAL $ 5,362.89 SI I DECLARE the foregoing matters are within my personal knowledge, and if sworn as a Oo witness, I can testify competently to them. Executed under penalty of perjury under the laws of So the State of California on SZ day of June, 2020, at Yuba City, California. CS LS KH YD nw PB LANCE GECZY, Declarant‘“as WwW De Vice President of Collections for Plaintiff, SIERRA CENTRAL CREDIT UNION BR De WNW He HD ee It DO He RB DO KYO KH NY YP YW NY KR NY NY DN NY NY ont N AffidavitinLieu ofTestimony 3 Exhibit A ph co IERRA 1351 Harter Parkway CENTRAL Yuba City, CA 95993 Application YourCommunityRaaking Institution A table that includes required credit card disclosures ison a separate document provided with thisApplication. To obtain any change inthe required information since itwas printed, callus tollfree at 800-222-7228. Married Applicants:May applyfora separateaccount IndividualCredit:Youmust completethe Applicantsectionaboutyourself and theOther sectionaboutyourspouse if: 1.you live inor theproperty pledged as collateral islocated in a communityproperty stale(AK,AZ, CA, ID,LA,NM, NV, TX,WA, WI), 2. yourspouse will use theaccount,or 3. you arerelying on yourspouse'sincome as abasisforrepayment.If you are relying on income fromalimony, childsupport,orseparatemaintenance, complete theOther section tothe extentpossible aboutthe personon whose payments you arerelying JointCredit:Each Applicant must individually complete theappropriate sectionbelow.If Co-Borrower isspouse oftheApplicant, mark theCo-Applicantbox. Guarantor:Complete theOther sectionif you areaquarantoron an account/loan, (] LOANLINER Account/Loan CreditCard Account KI Individual ( Joint Amount Requested $0.00 CreditLimitRequested $20,000.00 Purpose/Collateral: Loan Promo If Authorized User, Name: Repayment: : a . pay [_] Payroll Deduction Cash CI Military Allotment [_] AutomaticPayment APPLICANT: | OTHER e 8 lO CO-APPLICANT: [_] SPOUSE [[] OTHER NAME NAME Anna Hammond ACCOUNT NUMBER ACCOUNT NUMBER #48383 ah SOCIALSECURITYNUMBER DRIVER'S LICENSENUMBER/STATE SOCIALSECURITYNUMBER DRIVER'S LICENSENUMBER/STATE WORN TTA C6123406/ CA DL rte AGES OFDEPENDENTS EMAILADDRESS AGESOF DEPENDENTS EMAILADDRESS 16,14 BIRTHDATE HOME PHONE BUSINESSPHONE/EXT BIRTHDATE HOME PHONE BUSINESSPHONE/EXT 03/25/1969 916-773-1759 916-624-2123 PRESENTADDRESS (Street - City - State - Zip) x ]OWN[| RENT PRESENTADDRESS (Street - Gity - State -Zip) OWN [| RENT 137 Ash St LENGTHATRESIDENCE LENGTHAT RESIDENCE Roseville,Ca 95678-2203 01/01/1993 PREVIOUSADDRESS (Street - City - State - Zip) OWN RENT PREVIOUSADDRESS(Street - City - State - Zip) OWN | | RENT LENGTHATRESIDENCE LENGTHATRESIDENCE COMPLETE FORJOINTCREDIT, SECUREDCREDITOR IF YOU LIVEINACOMMUNITY COMPLETE FORJOINTCREDIT, SECUREDCREDITOR IF YOU LIVE INA COMMUNITY PROPERTY STATE PROPERTY STATE P<]MARRIED [] SEPARATED[] UNMARRIED(Single - Divorced - Widowed) ( marrico[] SEPARATED [[]UNMARRIED(Single - Divorced - Widowed) EMPLOYMENT/INCOME EMPLOYMENT/INCOME NAME ANO Cc NAME AND ADDRESS OF Holy CrossAcademy ADDRESS OF EMPLOYER 4701 Grove St EMPLOYER Rocklin , Ca95677 TITLE/GRADE STARTDATE HOURS ATWORK TITLE/GRADE STARTDATE HOURS ATWORK Pre K Teacher 08/01/2011 25 SUPERVISOR'S NAME IF SELF EMPLOYED,TYPEOFBUSINESS SUPERVISOR'S NAME IF SELF EMPLOYED,TYPEOFBUSINESS Chris Johnson N NOTICE:ALIMONY, CHILDSUPPORT,ORSEPARATEMAINTENANCEINCOMENEED NOTBE NOTICE: ALIMONY,CHILD SUPPORT,OR SEPARATEMAINTENANCE INCOME NEEDNOT BE REVEALEDIF YOUDONOT CHOOSETO HAVEIT CONSIDERED REVEALEDIF YOUDONOT CHOOSETO HAVEIT CONSIDERED EMPLOYMENT INCOME EMPLOYMENT INCOME $1,003.00 Per M O ner GROSS Per (1 Net GROSS OTHER INCOME OTHER INCOME OTHER INCOME OTHER INCOME Per Per Per Per SOURCE SOURCE SOURCE SOURCE OTHER INCOME OTHER INCOME OTHER INCOME OTHER INCOME Per Per Per Per SOURCE SOURCE SOURCE SOURCE PREVIOUSEMPLOYER NAMEAND ADDRESSIFEMPLOYEDLESSTHAN STARTINGDATE PREVIOUSEMPLOYER NAMEANDADDRESS IF EMPLOYED LESSTHAN STARTINGDATE FIVEYEARS FIVEYEARS ——— ——— ENDING DATE ENDINGDATE ©CUNA MUTUALGROUP, 1980, 82, 84,86, 89,2000, 03, 04,07, ALL RIGHTSRESERVED PAGE 1 SCCU ROA g2CAX KIB) REFERENCE - RELATIONSHIP NAME ANDADDRESSOF NEARESTRELATIVE NOT LIVING WITHYOU Fathe RELATIONSHIP r NAMEAND ADDRESSOF NEARESTRELATIVE NOT LIVING WITHYOU Gary Maul Friend Ramon Casada 13627 ElkMountain HOME PHONE 133 Ash St Upperlake HOME PHONE ,CA 95485 707-275-3167 Roseville ,;CA95678 916-879-2520 WHAT YOU OWE Ree attach additional sfeet{s} tnecccsey) | EAR [present earance] — MONTRLY APRLOANTTOTTER NIA O CO N/A oO Oo N/A O Oo N/A O Oo N/A im Oo N/A O Oo N/A im oO N/A Oo O N/A Cc Oo N/A O Oo N/A Oo 0 N/A O O LIST ANY NAMES UNDERWHICHYOUR CREDITREFERENCESANDCREDITHISTORYCAN BECHECKED TOTALS $0.00 $0.00 WHAT YOU OWN LISTLOCATION OF PROPERTYOR FINANCIAL INSTITUTION MARKET VALUE eT GRINGHEER ALE ae — yes[] no[] O oO ves[] no] O O yes [] no [L] oO O ves(] noC] oO oO yes[] no] oO Oo yes[] no] O oO yes[] No] OQ Oo OTHER INFORMATION ABOUT YOU sal iF YOU ANSWER "YES"TOANYQUESTIONOTHER THAN#1,EXPLAIN ON ANATTACHEDSHEET eee ves ne 1. AREYOUAUS. CITIZEN OR PERMANENTRESIDENTALIEN? 2 DOYOU CURRENTLY | [ ] [x] HAVEANY OUTSTANDINGJUDGMENTSOR HAVEYOUEVER FILED FOR BANKRUPTCY, HAD A DEBT ADJUSTMENT CONFIRMED UNDER CHAPTER PLAN 13,HADPROPERTY FORECLOSEDUPON ORREPOSSESSEDINTHE LAST7 YEARS, ORBEENA PARTYIN A LAWSUIT? L] Leg 3, ARE YOU A CO-MAKER, CO-SIGNEROR GUARANTORON ANYLOAN NOTLISTED ABOVE? FORWHOM (Nameof Others Obligated onLoan): CI) bg oOo TOWHOM (Nameof Creditor): STATE LAW NOTICES. |OHIO RESIDENTS ONLY: The Ohio laws CreditUnion is furnisheda copy oftheagreement,statementor decree, oe ———lagainst discrimination requirethatallcreditorsactual orhas knowledge of itsterms,beforethe credit is grantedor theaccount is make creditequallyavailable to allcreditworthy customers, and thatcredit opened. (2)Please signifyou are notapplyingforthisaccount orloan reportingagenciesmaintainseparatecredithistories on each individual with upon your spouse.The credit being appliedfor,ifgranted, request,The Ohio Civil Rights Commission administers willbe incurredin the compliance withthis of interest themarriage or of family theundersigned. law. WISCONSIN RESIDENTS ONLY: (1) No provisionof any maritalproperty agreement, Section unilateral 766.70 will statement adversely underSection 766.59,orcourtdecree under X affect the rights of theCreditUnion unlessthe SIGNATUREFORWISCONSINRESIDENTSONLY DATE SIGNATURES 1.You promise thateverything you have statedinthisapplication iscorrect to 2. Ifyou are applying fora creditcard,you understand thatthe use of thebest ofyourknowledge and thattheabove information isa completelisting ofwhat you your card willconstitute acknowledgment of receiptand owe.If there areany importantchanges youwillnotify usinwriting agreement to immediately.You authorizethe the terms of the credit card agreement and disclosures. Ifyou are CreditUnion toobtain credit reportsand. to gatheremployment historyasnecessary and appropriatein applying for a Secured Visa, you grant us a securityinterest inall connection with thisapplication forcredit and forany update, increase, renewal,extensionor individualand jointshareand/or depositaccounts you have with us now Collection ofthe credit received. You understand thattheCreditUnion will rely and inthe futureto secure your creditcard account. When you are in on the information in thisapplicationand your creditreportto make its default,you authorize decision. If you us to apply thebalance in theseaccounts toany request, the CreditUnionwilltell youthe name and addressof any credit bureau from amounts due. Shares and deposits inan IndividualRetirement whichitreceiveda Account, = credit reporton you. It isa federal crimeto willfully and deliberately provideincomplete and any other account thatwould lose specialtaxtreatment under state orincorrect information on loanapplications made tofederal creditunionsorslatecharteredcredit unions or federallawif givenas security, are notsubjectto thesecurityinterest insuredby NCUA, you have given inyour shares and deposits. x Xo ———- ——- - (SEAL) (SEAL) “y ’ 09/20/2016 DATE LX OTHER SIGNATURE DATE PAGE 2 SCCU Form: LnApp KCAAS2 (AXX12B)-e IssueTrak # 73380 Page | of | View Issue #73380 print |back to menus Issue =; 73380 issue Status: Wee Issue Type: Central Operations Related SubType 1: New Credit Card Order Sublype 2: Platinum Organization: Branchi9 history Submitted By: RosevilleBranch on 20-Sep-2016 2:15pm 916-786-6399 history Subject: New Credit Card Visa Account 4 1908383 IniliatorsTellerx 2906 Credit Card Type: VPV-Visa Platinum Variable Descriplion | Byentering my tellernumber in the required fieldabove, ithe address associated with this | acknowledge that |SCCU account has been verifiedin accordance Red Flags/Identity Theft Procedures. with i |30 days have Any changes made within the been verified by the member past ° at the time ofthis request. | i | Torequest a credit card for a new VISA line of credit, please | following: Provide the ‘Card Name(s) & Authority (primary, jt 1,co-maker, authorized user,.,) _ ANNA HAMMOND, PRIMARY _ STEVE HAMMOND, AUTHORIZED USER | | Application # 358492 | SpecialInstructions: | | ‘Unless otherwise noted under S pecialInstructions, alfcards willbe mailed ‘the addres S ofrecord, Additional charges to | jto a different apply for allcards mailed or rushed address. These fees willbe applied ,cost center. tothe requesting branch's | Thank you, ' ElectronicServices Department | = = Assigned To: Central Operations on 20-Sep-2016 2:15PM details triliatorsFullName AMBER ORCUTT Phone Ext 101 Required By Date: Labor Hours: 00:00 Priority: Standard http./sc-intranetlissuetrak/C SIssue_View.asp?IssueNbr=733 80&print=on 9/20/2016 IERRA > LQANLINE. CENTRAL V SA YourCommunityBankingInstitution CONSUMER CREDIT CARD AGREEMENT In thisAgreement, “Agreement” means this Consumer Credit Card Agreement. “Disclosure” means the Credit Card Account Opening Disclosure. The Account Opening Disclosure is incorporated intothis Consumer Credit Card Agreement and is part of the Agreement. In thisAgreement the words “you," “your,” and "yours" mean each and allof those who agree to be bound by thisAgreement; "card" means the Visa creditcard and any duplicates, renewals, or substitutions the Credit Union issues to you; “account" means your Visa credit card line-of-creditaccount with the Credit Union: and "Credit Union" means the Credit Union whose name appears on thisAgreement or anyone to whom the Credit Union transfers thisAgreement. 1. USING YOUR ACCOUNT — Ifyou are approved for an account, the Credit Union willestablish a line ofcredit for you. You agree that your credit limit is the maximum amount (purchases, cash advances, finance charges, plus "other charges") which you willhave outstanding on your account at any time. Unless disclosed otherwise, the Credit Union will not allow advances over the credit limit.Ifthe Credit Union has a program whereby itallows payment of advances that exceed your credit limit,subject to a fee, the Credit Union willprovide you with notice, either orally, in writing, or electronically (notwithstanding the requirements ofthe paragraph entitled “Statements and Notices”) explaining your right to opt in tothe Credit Union’s program whereby itwillhonor advance requests over the credit limit.Inthe event you opt in to such a program, you agree to the terms of such a program. You may request an increase inyour credit limitonly by a method acceptable to the Credit Union. The Credit Union may increase or decrease your credit limit,refuse to make an advance and/or terminate your account at any time for any reason not prohibited by law. Ifyou are permitted to obtain cash advances on your account, we may, from time to time, issue convenience checks to you that may be drawn on your account. Convenience checks may not be used to make a payment on your account balance. Ifyou use a convenience check, itwillbe posted to your account as a cash advance. We reserve the rightto refuse to pay a convenience check drawn on your account for any reason and such refusal shall notconstitute wrongful dishonor. You may request thatwe stop the payment of a convenience check drawn on your account. You agree to pay any fee imposed to stop a payment on a convenience check issued on your account. You may make a stop payment request orally,if permitted, or inwriting. Your request must be made with sufficient time in advance of the presentment of the check for payment to give us a reasonable opportunity to act on your request. In addition, your request must accurately describe the check including the exact account number, the payee, any check number that may be applicable, and the exact amount ofthe check. If permitted, you may make a stop payment request orally but such a request will expire after 14 days unless you confirm your request in writing within thattime. Written stop payment orders are effective only for six months and may be renewed for additional six month periods by requesting in writing that the stop payment order be renewed. We are not required to notifyyou when a stop payment order expires. If we re-credityour account after paying a check or draft over a validand timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders ofthe check or draft and to assist us in any legal action. You agree to indemnify and hold us harmless from allcosts and expenses, including attorney's fees, damages, or Claims, related to our honoring your stop payment request or infailingto stop payment of an item as a result of incorrect information provided tous orthe giving of inadequate time to act upon a stop payment request. 2. USING YOUR CARD — You understand that the use of your credit card or credit card account will constitute acknowledgement ofreceipt and agreement to the terms of the Credit Card Agreement and Credit Card Account Opening Disclosure (Disclosure). You may use your card to make purchases from merchants and others who accept your card. The credit union is not responsible for the refusal ofany merchant or financialinstitutionto honor your card. Ifyou wish to pay forgoods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. In addition, you may obtain cash advances from the Credit Union, from other financial institutionsthat accept your card, and from some automated tellermachines (ATMs). (Not allATMs accept your card.)Ifthe credit union authorizes ATM transactions with your card, itwillissue you a personal identificationnumber (PIN). To obtain cash advances from an ATM, you must use the PIN issued to you foruse with your card. You agree that you will not use your card forany transaction that is illegalunder applicable federal, state,or local law. Even ifyou use your card foran illegaltransaction, you willbe responsible for allamounts and charges incurred inconnection with the transaction. Ifyou are permitted to obtain cash advances on your account, you may also use your card to purchase instruments and engage in transactions that we consider the equivalent ofcash. Such transactions willbe posted to your account as cash advances and include, but are not limited to,wire transfers and money orders. This paragraph shall not be interpreted as permitting orauthorizing any transaction that isillegal. 3. PROMISE TO PAY — You promise to pay all charges (purchases, cash advances, balance transfers, use of convenience checks or any other charge) made to your account by you oranyone you authorize to use your account. You also promise topay allfinance charges and other charges added to your account under the terms ofthis Agreement or another agreement you made with the Credit Union. Ifthis isa joint account, the paragraph on JOINT ACCOUNTS also applies to your account. SCCUForm: VAgree ©CUNA MutualGroup 1991,2006, 09,10, 12,14All Rights Reserved DCAJO4 (MXC502 CCM004)-e 4. PERIODIC RATES — The periodic rates applicable to purchases, cash advances, and balance transfers are disclosed on the Disclosure thataccompanies thisAgreement. Any penalty rate that may be imposed for failingto make a payment by the payment due date is also disclosed on the Disclosure. Any rate change will be made pursuant to applicable law. Ifthe rate for your account is variable, as indicated on the accompanying Disclosure, the rate charged on purchases, cash advances, balance transfers and any penalty rate will vary periodically as disclosed in the Disclosure accompanying thisAgreement. The initial rate on your account forcertain types of transactions may be an introductory discounted rate (Introductory Rate) that is lower than the rate that would ordinarilyapply forthat type oftransaction. Ifan Introductory Rate applies to your account, the rates and the period of time it will be effective is shown on the Disclosure accompanying this Agreement. After the Introductory Rate period expires, the periodic rate willautomatically increase to the rates that would ordinarilyapply forthat type of transaction based on the terms ofthisAgreement. 5. FINANCE CHARGES — New purchases posted toyour account during a billingcycle will not incur a finance charge for that billingcycle. Finance charge begins to accrue on those purchases from the firstday of the next billingcycle, unless you paid the entire new balance on the previous cycle’s billingstatement by the payment due date of that statement. To avoid an additional finance charge on the balance of purchases, you must pay the entire new balance on the billing statement by the payment due date ofthat statement. A finance charge begins to accrue on cash advances from the date you get the cash advance or from the first day of the billingcycle inwhich the cash advance isposted to your account, whichever islater (transaction date). The finance charge is calculated separately for purchases and cash advances. For purchases, the finance charge is computed by applying the periodic rate tothe average daily balance of purchases. To calculate the average daily balance of purchases, we take the beginning outstanding balance of purchases each day and subtract any payments and/or credits that we apply to the purchase balance. (We do not add in any purchases posted during the billing cycle.) This gives us the daily balance of purchases. We then add all ofthe dailybalances of purchases forthe billingcycle together and divide the totalby the number of days in the billingcycle. This gives us the average daily balance of purchases. Balance transfers are calculated in the same manner as purchases. For cash advances, the finance charge is computed by applying the periodic rate to the average daily balance of cash advances. To calculate the average daily balance of cash advances, we take the beginning outstanding balance ofcash advances each day, add in any new cash advances, and subtract any payments and/or credits that we apply to the cash advance balance. This gives us the daily balance of cash advances. We then add allof the daily balances of cash advances for the billing cycle together and divide the total by the number of days in the billingcycle. This gives us the average daily balance of cash adva