Tinker Federal Credit Union v. Rockey T. Oldham

IN THE DISTRICT COURT OF PITTSBURG COUNTY STATE OF OKLAHOMA TINKER FEDERAL CREDIT UNION ) ) Plaintiff, vs. ) Case No. ROCKEY T. OLDHAM, ) ) Defendant. PETITION Plaintiff, Tinker Federal Credit Union ("TFCU"), for its cause of action against the Defendant, Rockey T. Oldham ("Defendant"), alleges and states as follows: 1. On or about July 31, 2019, Defendant executed a Promissory Note (hereinafter referred to as the "Contract") and became obligated to pay TFCU the principal amount of $41,203.00, plus interest at 6.7400% per annum, according to the terms of the Contract. A copy of the Contract is attached hereto as Exhibit "A". 2. As part of the Contract and to secure the performance of Defendant, Defendant executed a Security Agreement and granted TFCU a security interest in a 2014 Ford F-350 VIN: 1FT8W3BT5EEB61951 (hereinafter referred as the "Collateral"). TFCU properly perfected its security interest in accordance with Oklahoma law. A copy of the Lien Entry is attached hereto as Exhibit "B". 3. Defendant failed to pay pursuant to the terms of the Contract, despite demand by TFCU, and are therefore in default under the Contract and Security Agreement. 4. As of February 5, 2020, the balance due on the Contract was $42,277.25. Interest continues to accrue at a rate of $7.63 per day. 5. TFCU is entitled to reasonable attorney's fees and its reasonable costs of collection under the terms of the Contract and Security Agreement and under 12 O.S. §936. 6. Because of Defendant’s default under the Contract and Security Agreement, TFCU has a special ownership or interest in the Collateral and is entitled to immediate possession of the Collateral. 7. The actual value of the Collateral is estimated at $29,975.00. 8. The Collateral has not been taken in execution on any order or judgment against TFCU, or for the payment of any tax, fine or amercement assessed against TFCU, or by virtue of an order of delivery issued under Chapter 31 of Title 12 of the Oklahoma Statutes, or for any other mesne or final process issued against TFCU. 9. TFCU believes that Defendant is in actual or constructive possession of the Collateral, and that Defendant’ possession is subject to the rights of TFCU. Although TFCU has demanded possession of the Collateral, Defendant failed to deliver or relinquish possession of the Collateral to TFCU. Defendant is, therefore, wrongfully detaining the Collateral. 10. TFCU believes that Defendant may attempt to conceal, damage or destroy the Collateral or a part thereof, or to remove the Collateral for the State or County, and TFCU will thereby suffer irreparable harm. TFCU is without adequate remedy at law to prevent such harm and injury. As such, TFCU respectfully requests this Court to enter an Order requiring Defendant to appear and disclose the location of the Collateral. 11. Pursuant to the Servicemember’s Civil Relief Act of 2003, TFCU has reviewed the Department of Defense website and determined Defendant is not in the military. See the Affidavit attached hereto as Exhibit “C”. 12. TFCU requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 related to the location of the Collateral and Defendant’s cell phone records and data. 13. Pursuant to 40 O.S. §4-508(D), TFCU requests an Order that at any time or times subsequent to the filing of this order, the Oklahoma Employment Security Commission shall produce, within thirty (30) days of receipt of this order, employment information of the Defendant. WHEREFORE, Tinker Federal Credit Union prays: (a) that the clerk of this Court issue the above-described notice to Defendant, and further that the notice inform Defendant, that pursuant to 12 O.S. §1571.1, any person who willfully or knowingly damages property in which there exists a valid right to issuance of an order of delivery, or on which such order shall be sought under the provisions of 12 O.S. §1571, or who conceals it, with intent to interfere with the enforcement of the order, or who removes it from the jurisdiction of this Court with the intention of defeating the enforcement of an order of delivery, or who willfully refuses to disclose its location to an officer charged with execution an order for its delivery, or who, when in possession of such property, willfully interferes with the officers charged with execution such writ, shall be guilty of a misdemeanor, and in addition to such criminal penalties as are provided by law, shall be liable to TFCU for double the amount of damages done to the property, together with a reasonable attorney's fees to be fixed by the Court; (b) that this Court enter money judgment for TFCU and against Defendant, in the amount of $42,277.25, plus interest since February 5, 2020, at a rate of $7.63 per day until paid, plus TFCU's court costs and a reasonable attorney's fee; (c) that this Court issue an order for immediate delivery of the Collateral to TFCU; (d) that this Court issue an Order requiring Defendant to appear and disclose the location of the Collateral; (e) TFCU requests an Order authorizing it to issue subpoenas immediately pursuant to 12 O.S. §2004.1 to nonparties for the production of documentary evidence related to the location of the Collateral and Defendant’s cell phone records and data, and (f) that this Court render judgment in favor of TFCU and against the Defendant for possession of the Collateral, decreeing that TFCU's interest in the Collateral is senior and prior to the interest of Defendant in the Collateral, and authorizing the foreclosure of TFCU's security interest in the Collateral. Respectfully submitted, Jeffery S. Ludlam, OBA #17822 HALL & LUDLAM, PLLC 210 Park Ave, Suite 3001 Oklahoma City, OK 73102 (405) 600-9500 Telephone (405) 600-9550 Facsimile [email protected] Attorneys for Tinker Federal Credit Union VERIFICATION STATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA ) I, Idella Rowe, of lawful age, being first duly sworn upon oath, state: That I am the plaintiff above-named; that I have read the above and foregoing Petition; that the matters, facts and things therein stated are true and correct to the best of my belief and knowledge. Idella Rowe Subscribed and sworn to before me this 10th day of February, 2020. Brittany Blansett Notary Public My Commission Expires: 2-15-21 [The page contains a detailed retail installment sale contract for a vehicle purchase, including fields for buyer and seller information, sales price, monthly payment schedule, financing disclosures, and various legal notices. There are also optional insurance and payment protection selections, and signature lines for both buyer and seller.] EXHIBIT "A" OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGES AND INTEREST a. The installment price will include finance charges, which will consist of a finance charge at the time of sale, plus a finance charge for the period of time after the sale until the last payment is received by the seller. The total finance charges may be computed using the applicable formula set forth in the agreement. b. If a finance charge is added to the sales price, it will be based on the amount financed, including the down payment. If a finance charge is added to the sales price, it will be based on the amount financed, including the down payment. c. If you pay late on any payments, charges equal to your monthly payment may be charged to your account. d. If you fail to make any payment when due, we may charge a late fee. This fee may be added to your account. e. If you fail to make any payment when due, we may report this information to a credit bureau. 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing, you agree to return it within 30 days after notice of damage, destruction, or loss. If you fail to return it within 30 days, you agree to pay for its replacement. b. You agree to maintain insurance coverage for the vehicle, as required by law, for the remainder of your term. You also agree to maintain liability insurance, if required by law. You agree to notify us immediately of any change in the ownership of the vehicle or change of address. c. You agree to keep the vehicle in good condition and safe driving order at all times. d. You agree to notify us immediately of any accident involving the vehicle. e. You agree to comply with all applicable laws, rules, and regulations governing the operation and use of the vehicle. 3. IF YOU FAIL TO MAKE A PAYMENT OR OTHER OBLIGATIONS a. If you fail to make a payment when due, we may charge a fee. We may also report your failure to make payments to a credit bureau. b. If you fail to make a payment when due, we may file a lawsuit against you for the entire amount owed. c. If you fail to make a payment when due, we may take possession of the vehicle and sell it to satisfy any unpaid obligations under this agreement. 4. REVENUE SOURCES a. The proceeds of any sale of the vehicle will be applied first to any unpaid obligations under this agreement, then to any unpaid obligations under any other agreements with us, and finally to any unpaid obligations under any other agreements with another creditor. 5. INSURANCE POLICY This contract is not a contract of insurance. If you desire insurance, you must obtain it from another source. 6. SERVICE CONTRACTS All service contracts, if any, are separate agreements between you and the manufacturer or other provider of such service. 7. LIMITATION OF LIABILITY We are not liable for any special, indirect, or consequential damages arising out of or in connection with this agreement, except as otherwise provided by law. 8. GOVERNING LAW This agreement is made under the laws of the State of California. All disputes arising out of or in connection with this agreement shall be resolved by arbitration, in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 9. NOTICE This agreement contains the terms of your agreement with us. You agree that any notice given to us in writing shall be effective if delivered to us at our principal place of business. Any notice given to you shall be effective if delivered to you at your address as set forth in this agreement. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS THEREOF. RECOVERY HEREBY BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREBY. This preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all other cases, Buyer will not assert against any co-purchaser either or anyone of this contract any remedy or defenses the Buyer (Debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment delivered under this contract. ADDENDUM TO RETAIL INSTALLMENT SALE CONTRACT (All Forms Addendum for Tinker Federal Credit Union) This Addendum to Retail Installment Sale Contract (and Security Agreement), ("Addendum") modifies the Retail Installment Sale Contract (and Security Agreement), as the form contracts may be updated or revised from time to time, (the "Contract") entered into by and between the identified and undersigned buyer(s), (hereinafter "Buyer," "you" or "your") and the identified and undersigned seller (or the secured party), (hereinafter "Seller," "we," "us" or "our"). The "Creditor" is Tinker Federal Credit Union. This Addendum is applicable to all Contract forms and is binding upon the Buyer, Seller, and Creditor. Military Lending Act Disclosure Federal law provides important protections to full-time active duty service members of the U.S. armed forces ("Armed Forces") and their family members or dependents relating to extensions of consumer credit. In general, the cost of consumer credit to an active member of the Armed Forces and his or her dependent may not exceed a military annual percentage rate ("MAPR") of thirty-six percent (36%). This rate cap must include, as applicable to the credit transaction or account: the costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and, any participation fee charged (other than certain participation fees for a credit card account). Some exclusions may apply and this disclosure applies in addition to all other disclosures in the Contract and this Addendum. Upon your acceptance of this offer, we will determine your covered borrower status under the Military Lending Act (10 U.S.C § 987) ("MLA"). If you are identified as a covered borrower under the MLA at the time of acceptance, the MLA protections will apply to your loan. If you are not identified as a covered borrower under the MLA at the time of acceptance of this offer, even though you may become a covered borrower under the MLA at any time during the term of this loan, the protections will not apply. The MLA applies only to identified and eligible active Armed Forces personnel (and their family members or dependents, as eligible) at the time of the loan application. Covered borrowers are entitled to certain rights and limitations, including the right to not have to submit to binding arbitration in the event of a dispute with the Contract. Once your loan has been established, you may call us at (405) 319-7200 or toll free at 844-756-3767 to obtain more specific information about your loan payment obligation or calculation. If you have any questions regarding the MLA, please call Tinker Federal Credit Union ("TFCU") at (405) 319-7200 or toll free at 844-756-3767 and press 1 to speak to a TFCU Member Service Representative. Buyer and Seller acknowledge and agree that this Addendum is incorporated into and made a part of the Contract. The parties agree that the Contract is amended as follows: 1. Under the applicable provisions section entitled "Other Important Agreements," "Additional Terms of the Sales Agreement," "Additional Provisions," or any other words in which additional terms and conditions of the Contract follow, the following is inserted as part of the additional terms and conditions at the end of the respective sections: How we will apply payments: For clarity, any payments received from you for your obligation to repay your loan debt under the terms of the Contract will be received, processed, and applied first to any late fees or charges due and owed (if applicable), then to accrued interest, and then to the principal loan balance. If you do not pay the full amount due, then a late fee may be assessed (in accordance with the terms of the Contract). If the payment remitted is not sufficient to cover the full monthly payment due, your due date will not advance until the difference is paid and your loan will be considered past due. The Creditor may, at their discretion, elect to advance the due date if your loan is past due for a minimal amount. Late fees are collected from your regular monthly payment amount and may extend the maturity date of your loan repayment obligation. It is encouraged that you pay your full regular loan payment amount within the time required; failure to make a full loan payment in a timely manner may result in late fees being assessed to your loan amount. To avoid a loan maturity date extension, you need to pay the full loan amount due monthly, including any late fee amounts that may be due with your payment. Any amounts received in excess of the amount due will be applied to the loan principal to reduce your principal amount. Security Interest: You agree to join with us in executing one or more financing statements, as may be required or requested, from time to time, in order to perfect, or continue perfection of, the security interest you granted under this Contract. A carbon, photographic, or other reproductions of this Contract or of any financing statement shall be sufficient to serve as a financing statement. You will not permit (i) any liens, security interests, or other encumbrances, except for our security interest, to attach to the vehicle; (ii) will not permit the vehicle to be levied on, garnished, or attached under any legal process; or (iii) permit any other thing to be done or attachment be made upon the vehicle that may impair the value of the vehicle or the security interest granted by the Contract. The security interest shall have first priority and secures all future advances by us to you, all other liabilities to us (primary, secondary, direct or indirect, absolute or contingent, sole, joint, or several) due or to become due or which may be hereafter contracted by or acquired of you. Any persons having, taking, or receiving an ownership interest in the vehicle shall be subject to our security interest and such persons shall not have any rights to transfer or assign any interest in the vehicle without being bound by the terms of the Contract and this Addendum. Insurance you must have on the vehicle: The required deductible on the vehicle insurance you are required to obtain and maintain under the terms of the Contract shall not exceed one thousand dollars ($1,000.00). Affixing to Real or Personal Property Prohibited. You will not allow or permit the vehicle to become an accession or affixed to other personal property or to become attached or affixed to real property without first obtaining our prior written consent. Our consent may be conditional on any requirements, (including but not limited to, the subrogation of other interest owners in and to such other personal or real property to our rights and interest), which requirements we deem to be for protection of our security interest; and it is understood and agreed that such consent will not be deemed to be effective until such conditions and requirements have been fulfilled. We reserve the right to deny consent for any reason. Events of Default. In addition to the other provisions, defaults, and remedies outlined in the Contract, you will be considered in default under this Contract on the happening of any one or more of the following events or conditions: (a) any payment required under this Contract or under any other note or obligation of yours to us is not made when due or in accordance with terms of the applicable Contract; (b) the making of any levy against or seizure, garnishment or attachment of the vehicle, the consensual encumbrance thereof by you, or the sale, lease or other disposition of the vehicle by you without our prior written consent; (c) loss, theft, substantial damage or destruction of the vehicle; (d) any time we in our sole discretion believe the prospect of payment or performance of any liability, covenant, warranty or obligation secured hereby is impaired; and/or (e) your death, incapacitation, insolvency, the appointment of a receiver over any part of your property or of any part of the vehicle, an assignment for the benefit of creditors, or the commencement of any proceedings under any bankruptcy or insolvency law by or against you or any guarantor or surety for you. Any unauthorized transfer or assignment of title to the vehicle shall be considered an event of default, at which time we may declare the full amount of the loan due and owing in accordance with our rights under applicable laws, rules, and statutes. Miscellaneous. No act, delay or omission, including our waiver of a remedy because of any default or any other provision of the Contract, will constitute a waiver (or continuing waiver for any future event), of any of our rights and remedies under this Contract or any other agreement between the parties or available at law or in equity. The Contract will inure to the benefit of our successors and assigns and will be binding on your heirs, executors, administrators, successors, transferees, and assigns. We at any time may pledge, transfer or assign our rights under the Contract in whole or in part, and any transferee or assignee will have all the rights as to the rights or parts thereof so pledged, transferred, or assigned. Your rights under the Contract may not be assigned or transferred for any reason. If more than one Buyer executes the Contract, their responsibility will be joint and several and the reference to Buyer in the Contract will be deemed to refer to each and every Buyer. If any provisions of the Contract is for any reason held to be invalid, non-binding, or unenforceable, for any reason, such invalidity or unenforceability will not affect any other provisions of the Contract, as amended, and the Contract will be construed as if such invalid or unenforceable provisions had never been contained in the Contract. Arbitration. In the event the Contract contains an arbitration or dispute resolution provision, then such provision shall not be applicable to Tinker Federal Credit Union (as Creditor), with respect to any collection actions or efforts against the Buyer(s) and further such arbitration provision shall not be enforceable against any active full-time member of the Armed Forces, (who is determined to he a covered borrower under the Military Lending Act). Except as provided in the foregoing sentence and under applicable laws, rules, statutes, and regulations, any and all claims made by any Buyer(s) shall be submitted to and subject to binding arbitration in accordance with the terms of the Contract, regardless of how and when any such claim was made. Gap Protection. You understand that the purchase of the Gap Protection is voluntary and is not required by Credtor to obtain credit. You further understand that this Addendum is not an offer of insurance coverage and does not waive your obligation to secure and maintain insurance. You acknowledge and understand that, if an insurance related Gap Protection Policy ("Policy") is purchased by you with the Seller or through the Credtor, the Policy may contain certain stipulations, limitations, and/or restrictions, including an offer to skip a payment throughout the term of the Contract and loan payment cycle, that may nullify, reduce coverage, or make void the Gap Protection Policy. You agree that the Credtor assumes no liability or has any responsibility to notify you of such stipulations, limitations, or restrictions. You acknowledge and understand that it is your sole responsibility to read, understand, and be aware of the provisions of such Policy and any such clause or condition in the Policy, which may nullify or make void the Gap Protection Policy. You understand and agree that by purchasing a Gap Protection Policy, the Credtor retains its contractual rights and nothing in the Policy diminishes Credtor's secured rights, in the event of a total loss, to hold you liable for any and all remaining unpaid deficiency amounts. In the event of a total loss, it is your obligation to pursue a claim on your Policy. You further understand and agree that a Gap Protection Policy does not change your obligation to keep your payments timely paid and current with Credtor. If your Policy fails to pay any or all amounts owed by you to the Credtor, then Credtor retains its contractual rights to hold you liable for the remaining unpaid balance. You understand and agree that a Gap Protection Policy is not a substitute for any personal liability, collision damage, property damage, or other insurance policy coverage you are required to maintain. You understand and agree that the Credtor may retain, without liability to you, all of or any of the one-time fee(s), or Credtor may pay any portion of coverage to a third party as a service fee, or for indemnification purposes or requirements, without any liability to you. Except to the extent limited by applicable laws, rules, regulations, or statutes, you are and remain responsible for all insurance coverage (including Gap Protection Policy coverage), payments (including fees, charges, and expenses in administering the loan by Credtor), and any other fees, damages, penalties, taxes, or assessments incurred by Credtor or assessed to you in accordance with the Contract and your loan with Credtor. 2. Except as set forth in this Addendum, all other terms and provisions of the applicable Contract remains in full force and effect. If there is conflict between any of the terms of this Addendum and the Contract or any earlier amendment, the terms of this Addendum shall govern and prevail over any prior or conflicting terms or conditions. TINKER FEDERAL CREDIT UNION ACKNOWLEDGMENT AND INSTRUCTIONS OF THE CONSUMER FOR THE USE OF CONSUMER CREDIT REPORTS Tinker Federal Credit Union ("TFCU" or "Credtor") offers many financial products and services to its members. Some of those products and services are dependent upon a member's creditworthiness, which is determined in part by reviewing a consumer report. The consumer report(s) obtained (or which will be obtained, as authorized by you under the Contract) by TFCU, for the purpose of the transaction or service initiated by you contains information on trade lines you may have with other lenders. If you instruct us and consent to allow use to use the consumer report(s) obtained (or are obtaining) to determine your eligibility for TFCU financial products and services, you can do so by checking the first box shown below and we will determine your eligibility for other TFCU products and services and communicate such to you in the method you indicate. Please be aware that instructing us to use your consumer report(s) for these purposes does not guarantee an offer of or extension of any credit. We have obtained (or will be obtaining) a consumer credit report(s) from one or more consumer reporting agencies ("consumer report") for the purpose of verifying information in connection with opening an account in your name and/or considering an application for a loan and/or other products or services offered by TFCU. You understand that you must be or become a member of TFCU before any extension of credit may be granted. By signing this Addendum and acknowledging the information and instructions you are authorizing and consenting to how TFCU may use the consumer report(s), the terms herein, and consenting to the communication methods selected. Buyer ☐ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services. ☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services. ☐ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails. Name: Rockey Oldnam Mobile Phone #: 918-215-2434 Email Address: _______________________ IN WITNESS WHEREOF, this Addendum has been duly executed by each party as of the date(s) indicated below. Buyer(s): [signature] Buyer Signature Rockey Oldnam Print Name 7/31/19 Date of Contract Seller: [signature] Seller Signature Blake Slawson GM Print Name and Title 7/31/19 Date of Contract Co Buyer ☐ I, the undersigned, instruct, and authorize TFCU to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services and for the purpose of determining whether to offer me other TFCU financial products and services. ☐ I, the undersigned, instruct TFCU NOT to review and use my consumer report(s) to determine if I am eligible for other TFCU financial products or services. ☐ I, the undersigned buyer hereby authorize and consent to Tinker Federal Credit Union contacting me for purposes of providing financing information and information on other products and services at the contact below, which may include phone calls, SMS text messages, mail, alerts, or emails. Name: _______________________ Mobile Phone #: _______________________ Email Address: _______________________ Co-Buyer Signature _______________________ Print Name _______________________ Date of Contract _______________________ OKLAHOMA TAX COMMISSION LIEN HOLDERS RELEASE FORMS VIN: 1FT8W3BT5E9B61951 ✓ AGNT #: M6114 LIEN DEBTOR: OLDHAM,ROCKEY OLDHAM,ROCKEY 30836 W BEAVER MT RD STIGLER OK 74462-2371 VEHYR: 2014 MAKE: FORD LIEN DATE: 08/05/2019 MODEL: F3S BODY: CW REF#: L0646840016 LIEN HOLDER: TINKER FEDERAL CREDIT UNION TINKER FEDERAL CREDIT UNION PO BOX 45750 OKLAHOMA CITY OK 73145-0750 TO: OKLAHOMA TAX COMMISSION MOTOR VEHICLE DIVISION P.O. BOX 269061 OKLAHOMA CITY OK 73126 TO WHOM IT MAY CONCERN: WE HAVE RELEASED OUR SECURITY INTEREST IN THE MOTOR VEHICLE DESCRIBED ABOVE, EFFECTIVE ON THE DATE WHICH APPEARS BY MY SIGNATURE. PLEASE REVISE YOUR RECORDS TO REFLECT THIS RELEASE. SIGNATURE OF REPRESENTATIVE OF SECURED PARTY X _______________________________ DATE __________________________ LENDER: TO ENSURE PROPER PROCESSING OF YOUR COMPLETED LIEN RELEASE, PLEASE NOTE THE FOLLOWING. DO NOT ALTER THIS DOCUMENT NO STAPLES NO TAPE NO FOREIGN FIXTURES OR ATTACHMENTS NO WRITING OR MARKING (OTHER THAN SIGNATURE AND DATE FOR RELEASE) DO NOT ALTER THE SIZE OF THIS DOCUMENT "EXHIBIT" "B" AFFIDAVIT STATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA ) Diana Rios, of lawful age, being first duly sworn, upon oath deposes and states: 1. I am a Collections Legal Specialist for Tinker Federal Credit Union and I am authorized to make this Affidavit of its behalf. Based on a review of the Department of Defense website Rockey T Oldham is not in the military. A copy is attached hereto. Signed under penalty of perjury [Signature] Diana Rios Subscribed and sworn to before me this 5th day of February, 2020. [Signature] Notary Public My Commission Expires: (SEAL) EXHIBIT "C" Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-4793 Birth Date: Last Name: OLDHAM First Name: ROCKEY Middle Name: T Status As Of: Feb-05-2020 Certificate ID: L1BPG0FHBHF795N On Active Duty On Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects the individual's active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date <table> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, 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 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 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. ? 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, and has experienced only a small 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 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 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. ? 521(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 387 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. 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. 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 to 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 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 ? 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 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 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 certificate are urged to seek qualified legal counsel to ensure that all 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 will cause an erroneous certificate to be provided.