Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

DECLARATION OF CHRISTINE A. SCHMIDT
I, Christine A. Schmidt, make the following declaration:
1. I have personal knowledge ofthe matters set forth herein, except for those
matters stated on information and belief, and as to those matters I believe them to be true
and could and would testify thereto under oath if called upon as a witness.
2. I am over 21 years of age and I am a Certified Legal Assistant at the Law
Firm of Guttilla Murphy Anderson, P.C. Guttilla Murphy Anderson, P.C. represents
Lawrence J. Warfield, the court appointed Receiver in SEC v. Robert Dil/ie, et al, cause
number CIV 01-2493 PHX IAT. Mr. Warfield, in his capacity as Receiver, is the
Plaintiffin the action entitled Wadie/d v. Alaniz, et al, pending before the United States
District Court for the District of Arizona, cause number CV03-23 90 PHX JAT ("Alaniz
Lawsuit").
Robert Louis Carroll
3. Robert Louis Carroll is a named defendant in the Alaniz Lawsuit and gave
a deposition on October 17, 2005 at which time he testified that he resided at 8041
Mickelson Way, Hemet, California. I searched the on-line public records of Riverside
County, Califomia and confirmed that Robert L. and Martha V. Carroll are the current
owners of record ofthe property located at 8041 Mickelson Way, Hemet, CA.
4. A search of the online records ofthe California Insurance Department
discloses that Robert Louis Carroll was licensed in the State of Califomia to sell life and
health insurance from March 26, 1991 to February 28, 2007.
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5. I searched the on—line public records of all counties in Arizona and
confirmed that Robert Louis Carroll owns 1.02 acres of vacant land in Santa Cruz County
(the "Santa Cruz County property") and that the full cash value ofthat land, according to
the Santa Cruz County Assessor’s office, is $5,100.00.
6. I contacted the Santa Cruz county Treasurer’s Office and confirmed that the
property taxes on the Santa Cruz County property were currently paid and that the owner
of record ofthe property was Robert L. Carroll of Hemet, California.
7. I contacted a representative of Lawyer’s Title, in Santa Cruz County, and
was informed that there are no outstanding liens or mortgages on the Santa Cruz County
property.
Charles J. Davis
8. Charles J. Davis is a named defendant in the Alaniz Lawsuit and gave a
deposition October 26, 2005, at which time he testified that his wife’s name is Maria and
that he resided at 99 Abington Road, Danvers, Massachusetts. I searched the on—line
records ofthe Southern Essex District Register of Deeds and confirmed that Charles J.
Davis and Maria A. Ezsuzian are the owners of record of the property located at 99
Abington Road, Danvers, Massachusetts.
9. A search ofthe online public records of the Massachusetts Insurance
Department disclosed that Charles J. Davis has been licensed to sell life and health
insurance in the State of Massachusetts since February 2, 1990.
10. A search ofthe online public records of all counties in Arizona failed to
indicate that any real property is owned by Defendant Charles J. Davis, in Arizona.
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Paul E. Richard
1 1. Paul E. Richard is a named defendant in the Alaniz Lawsuit and provided a
sworn statement of financial condition to the Receiver on March 24, 2004 that revealed
he owned his residence located at 1 1 Roseanne Avenue, Augusta, Maine. l contacted the
City of Augusta, Maine Tax Office and confirmed that the Paul E. Richard and Patricia
A. Richard Revocable Trust is the current owner of record ofthe property located at l 1
Roseanne Avenue, Augusta, Maine.
12. A search ofthe online records ofthe Maine Insurance Department discloses
that Paul E. Richard has been licensed in the State of Maine to sell health and life since
February 1, 1989.
13. A search ofthe online public records of all counties in Arizona failed to
indicate that any real property is owned by Defendant Paul Richard, in Arizona.
Patrick J. Wehrly
14. Patrick J. Wehrly is a named defendant in the Alaniz Lawsuit and gave a
deposition on October 6, 2005 at which time he testified that his wife’s name is Andrea
Wehrly and that he resided at 1907 Silver Leaf Drive, Spring, Texas, 77338. l contacted
a title company in Spring, Texas who accessed the Harris County Tax records and
confirmed that the property located at 1907 Silver Leaf Drive, Spring, Texas is owned by
Andrea Linn, believed to be Patrick Wehrly’s spouse. Furthermore, Harris County Tax
records confirm that Patrick J. Wehrly and Andrea Linn are the current owners of record
ofthe property located at 1903 Silver Leaf Drive, Spring, Texas.
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15. A search ofthe online records ofthe Arizona Insurance Department
discloses that Patrick J. Wehrly has been licensed in the State of Arizona to sell life and
health insurance since March 30, 2004.
16. A search of the online records ofthe Texas Insurance Department discloses
that Patrick J. Wehrly has been licensed in the State of Texas to sell life and health
insurance since September l, l998.
17. A search ofthe online public records of all counties in Arizona failed to
indicate that any real property is owned by Defendants Andrea and Patrick Wehrly, in
Arizona.
I declare under penalty of perjury that the foregoing is true and correct.
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Executed this day of August, 2007.

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