STATE OF ARIZONA



AFFIDAVIT

STATE OF ARIZONA )

) ss.

County of Maricopa )

I, the undersigned, having been first duly sworn, upon my oath depose and say that:

1) I am over the age of 18 years, of sound and disposing mind, and I have the ability to communicate the matters set forth in this affidavit.

2) I have personal knowledge of the matters set forth in this affidavit.

3) I have no condition, either physical or mental, which would affect my ability to testify, in court, as to the matters stated in this affidavit.

4) I possess the following abilities: (1) to observe; (2) to remember; (3) to relate; (4) to recognize a duty to tell the truth.

5) I reside at 8702 East Minnezona Road, Scottsdale, AZ 85251. From approximately 2/10/2009 until 4/26/2012, I resided at 4024 East Arbor Avenue, Mesa, AZ 85206.

6) In January of 2013, I received notice of a Writ of Garnishment being executed against my earnings based on a Summons and Complaint and Default Judgment (Case# CC2009664630R) brought in the East Mesa Justice Court. Prior to my receipt of this copy of the notice of Writ of Garnishment, I had no knowledge whatsoever of the above referenced case. Further and to the best of my knowledge and belief:

a) I was never personally served with a copy of a Summons and Complaint in this case and had no knowledge of its existence;

b) I was never notified by any third party that any Service had been attempted; and

c) I received no notice of an Application for Entry of Default, was given no opportunity to respond to such Application and received no notice from the Court that a Judgment had been entered.

7) Subsequent to my receipt of notice that a Writ of Garnishment was being executed, I obtained from the Court and Plaintiff’s attorney, a copy of the alleged Summons and Complaint, and the Affidavit of Service that were filed with the Court. I noted that the alleged date of Service was 11/22/09 at the 4024 East Arbor Avenue Address. On that date, I was in fact living at that address with my roommate, Allyson Thomas (who owned the home with my mother). In the month of the alleged service, Allyson Thomas and I were the only non-minors then residing therein (the Arbor Avenue address). I have spoken with Allyson Thomas, and to the best of her knowledge and belief, she also has no recollection of ever receiving any Service.

8) I am not now, nor have I ever been married.

9) To the best of my knowledge and belief, I have never done business with, nor do I owe any monies to Mertola, LLC or U. S. Bank.

10) I did experience an identity theft in December of 2007, which I reported to the Phoenix Police Department, and which may relate to the above referenced case.

11) Again, to the best of my knowledge, recollection and belief, until January of 2013: 1) I never directly or indirectly, received, read, touched, saw, discussed or was made aware of any legal papers or information with respect to the above referenced case, and 2) I never had the opportunity to answer any summons or complaint or respond to any Application for Default with respect to this case.

12) The foregoing is true and correct.

13) Further affiant sayeth naught.

_____________________________

Signature of Affiant

Subscribed, sworn to and acknowledged before me this ______ day of __________200___.

___________________________________

My commission expires: ________________ (Notary Public)

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