Declaration of George E. Driver IV — Athens (D.N.H.)

Summary

A declaration of George E. Driver IV, an Assistant Vice President of Bank of America, N.A., filed November 9, 2021 as Document 33-2 in Natasha Athens d/b/a Favorite Things v. Bank of America and Megan Scholz, Civil Action No. 1:21-cv-00748-SM, in the U.S. District Court for the District of New Hampshire. It supports the defendants' motion to dismiss and authenticates records of the plaintiff's PPP loan and loan forgiveness applications. The attached exhibits include the application addendum, the promissory note signed electronically on May 14, 2020, the SBA Form 3508S forgiveness application signed on July 27, 2021, and a July 16, 2021 letter from the bank on applying for forgiveness. The declaration states that personal information is redacted in Exhibits 3–6 and is signed /s/George E. Driver IV under 28 U.S.C. § 1746.

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Full text

        Case 1:21-cv-00748-SM Document 33-2 Filed 11/09/21 Page 1 of 2




                             UNITED STATES DISTRICT COURT
                              DISTRICT OF NEW HAMPSHIRE

                                                      )
NATASHA ATHENS d/b/a Favorite Things,                 )
                                                      )
        Plaintiff,                                    )
                                                      )
v.                                                    )   Civil Action No. 1:21-cv-00748-SM
                                                      )
BANK OF AMERICA and MEGAN SCHOLZ,                     )
                                                      )
        Defendants.                                   )
                                                      )

     DECLARATION OF GEORGE E. DRIVER IV IN SUPPORT OF DEFENDANTS
      BANK OF AMERICA, N.A. AND MEGAN SCHOLZ’S MOTION TO DISMISS

       I, George E. Driver IV, declare as follows:

       1.       My full name is George E. Driver IV. I am more than twenty-one (21) years of age

and am competent to give testimony and make this Declaration. I submit this Declaration in

support of Defendants Bank of America, N.A. and Megan Scholz’s Motion to Dismiss. Except

as otherwise specifically stated, I make this Declaration based upon my own personal knowledge.

If called as a witness, I would and could testify to the matters attested to herein.

       2.       I have been employed by Bank of America, N.A. (“BofA” or “the Bank”) since

1996. My current title is Assistant Vice President.

       3.       I provide this declaration to authenticate certain documents related to the Paycheck

Protection Program (“PPP”) loan application and PPP loan forgiveness application of Plaintiff

Natasha Athens d/b/a Favorite Things (“Plaintiff”). All records attached hereto as exhibits are

exact duplicates of the original, save that certain personal information has been redacted in

Exhibits 3–6.
        Case 1:21-cv-00748-SM Document 33-2 Filed 11/09/21 Page 2 of 2




      4.       Attached as Exhibit 1 is a true and correct copy of a screenshot titled “Paycheck

Protection Program Application Addendum” submitted by Plaintiff as part of her PPP loan

application.

      5.       Attached as Exhibit 2 is a true and correct copy of Plaintiff’s PPP loan promissory

note, which Plaintiff signed electronically on May 14, 2020.

      6.       Attached as Exhibit 3 is a true and correct copy of screenshots of tax documents

submitted by Plaintiff as part of her PPP loan application.

      7.       Attached as Exhibit 4 is a true and correct copy of Plaintiff’s PPP Loan Forgiveness

Application (SBA Form 3508S), which Plaintiff signed electronically on July 27, 2021.

      8.       Attached as Exhibit 5 is a true and correct copy of Plaintiff’s completed 2019 IRS

Form 1040 Schedule C, submitted by Plaintiff as part of her PPP loan forgiveness application.

      9.       Attached as Exhibit 6 is a true and correct copy of Plaintiff’s completed 2019 IRS

Form 941, submitted by Plaintiff as part of her PPP loan forgiveness application.

      10.      Attached as Exhibit 7 is a true and correct copy of a letter sent from the Bank to

Plaintiff on July 16, 2021 titled “Apply for PPP Loan Forgiveness” and detailing instructions on

submitting a PPP loan forgiveness application.

                                          *      *      *

      I declare under the penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is

true and correct. Executed this 9th day of November, 2021, at Newark, Delaware.




Date: 11/9/2021                                      /s/George E. Driver IV
                                                     George E. Driver IV, Declarant
                                                     Assistant Vice President
                                                     Bank of America, N.A.



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