Declaration

Cal. Super. - 6th Dist.May 22, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/22/2019 4:59 PM Reviewed By: S. Uy Case #19CV348545 Envelope: 2917524 19CV348545 w \D FLINT C. ZIDE (STATE BAR NO. 160369) SARKIS S. KARAYAN (STATE BAR NO. 316926) THE LAW OFFICE OF HARRIS & ZIDE 1445 HUNTINGTON DRIVE, SUITE 300 SOUTH PASADENA, CA 91030 (626) 799-8444 FAX: (626) 799-8419 ATTORNEY FOR: PLAINTIFF SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SAN JOSE COURTHOUSE, CIVIL LIMITED DIVISION CASE NO: Bank of America, N.A. DECLARATION OF NON-MILITARY PLAINTIFF, STATUS ) l ) ) vs. ) ) ) ) ) ) ANDREW J BANASZYNSKI , DEFENDANT(S) N \l N (D I, FLINT C. ZIDE/SARKIS S. KARAYAN, hereby declare: 1. I am over 18 years old and the attorney for Plaintiff 2. No defendant named in Item l, line 2 of the Complaint is on active duty in the military so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. §§ 3901-4042) as evidenced by the Department of Defense SCRA certificate attached as Exhibit 1. 3. I declare under the penalty of perjury under the laws of California that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Dated: May lé, 2019 Declarant Name (Printed) PEINT‘C?TZ¥DE/SARKIS S. KARAYAN flvr< / ‘ Declarant Name (Signature) (/ ,’;95 L , Title Of Declarant ATTORNEY QF PLAINTIFF DOD SCRA Declaration TA023513 EXHIBIT 1 Smus Repon Pursuant lo Scrviccmcmbers Civil Relief Act Rmuu qumsnszzszw SCRA I 1‘ SSN: Birth Date: Last Name: BANASZYNSKI First Name: ANDREW Middle Name: J Status As Of: May-14-2019 CertificatelD: C15HXNT8PMQBMKY OnmnoutymAuwMSnJ-Ddo mnMWD-n AmnMEmmn Sm: WW MA NA No NA Tm rmrum“ ndmmm’ nv- wty sums baud m Ih- Amn Dmym Dun mmmmu7D-pdAameM mmsmflm AwnDuyEmDfi m WW NA NA No NA Tmmpunummmnwmwnmmmaumysmmmmsumom quHWUmMNMmd-anCfl-Uvnmmmmmmm. OWNWSMDID WNMEMM Sm: WW NA NA M NA Tmruoonurummvmmwunmwmme-vmm‘ynmlumhmwnhrnwemly Upon searching the data banks of the Depanment of Defense Manpower Data Center. based on the Information that you provuded, the above us me status of the Indmdual on the active duty status dale as lo all branches of the Umfonned Servuoes lArmy‘ Navy‘ Marine Corps‘ An Force. NOAA‘ Public Health and Coast Guard) This 513qu Indudes mfonnanon on a Semoemember or hIs/her unn reoewung noufi-non o! future orders lo repon f0! Aalve Duty Muchael V Sorrento, Directa Department o! Defense < Manpower Data Center 400 Gpgllng Rd Seasude. CA 93955 The Defense Manpower Data Center (DMDC) Is an organlzaoon of the Department of Defense (DOD) that maintains the Defense Enrollment and Eliglbulity Reporting System (DEERS) database which Is the offiaal source of data on eligibility for military medtcal care and other elignbtlity sysmms, The DOD strongly supports the enforcement 01 the Semoemembers CMI RallefAu (50 USC App 7 501 et seq. as amended) (SCRA) (forrnerty known as the Soldiers' and Sallors' CIVII Relief Am of 1940) DMDC has Issued hundreds of thousands o! "does nol possess any Information undimung mat the mdivudual Is curremiy on awve duty“ responses, and has expenenoed only a small error rate. In the event the Indivndual refemnoed above. 0! any (amlly member‘ fnend. or representative asserts m any manna: mm the mdiwdual was on aouve duty for me awva duty stams date, or Is otherwise enu‘um to the proteaions of the SCRA. you are strongly encouraged to obtain further verificauon of me person‘s status Dy oomaaing that person‘s Samoa. Servvce contact Information an be found on me SCRA websne's FAQ page (033) Via thus URL https [Isaadmdcosd mlllfaq xhtmwOSB, If you have ewdenoe the person was on aadve duw lor me active duty status dale and you fail to obtain thus addmonal Serwoe venficatjon. punm've prowsaons of the SCRA may be Invoked agamsl you. See 50 USC App 7 521(c) This response refleas the followmg Information (1) The Indzwdual‘s Amve Duty status on the Active Duty Status Date (2) Whether me mdivudua! left Aalve Duty status Within 367 days preceding the Aajve Duty Status Date (3) Whether the mdivvdual or hts/het unit received early nonficauon to report for awve duly on me Acuve Duty Status Date More information on "Active Duty Status" Active duty status as reported In this oemfimle Is defined In accordance wuh 10 USC 7 101(d) (1), Pnu lo 2010 only some of the acuve duty penods |ess man 30 consecutive days In length were available. In me case of a member of me National Guard, tfus Includes sennce under a call to acuve servuoe authonzed by the Presdent or me Secretary of Defense under 32 USC 7 502m for purposes of responding Io a national emergency dedared by me Prestent and supported by Federal funds. All Amve Guard Reserve (AGR) members must be asstgned against an authonzed momIization posmon m the unit they support Thus Includes Navy Training and Administration of me Reserves (TARs), Marine Corps Acuve Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs) Acuve Duty status also applies lo a Uniformed Servuoe member who Is an adxve duty wmmnssmned officer of the U S Public Health Samoa or the Nauonal Oceanic and Atrmsphenc Adnumstrauon (NCAA Commussnoned Corps) Coverage Under the SCRA is Broader in Some Cases Coverage unde! the SCRA Is broader In some cases and Indudes some ulegones ol persons on acnve duty 10! purposes of me SCRA who would not be reponed as on Aalve Duty under mus cemficata SCRA proteafions are for Tude 10 and Tine 14 adwe duty records for all me Uniformed Semoes penods. Tme 32 penods of Aalve Duty are not covered by SCRA, as defined in aceordanw wnth 10 USC 7 101(c)(1) Many umes orders are amended lo extend the penod of acuve duty. which would extend SCRA protealons Persons seekInQ tn rely on mus websne oemficauon should check to make sure the orders on which SCRA pmtecuons are based have not been amended to extend me Indusave dates of servnoe Furmennore. some ptmecu’ons of the SCRA may extend to persons who have reoeaved orders to report for adive duty or to be Induaed, but who have not adually begun aalve duty or actually reported for unducuon. The Last Dale on Aawe Duty entry Is Impomnt because a number of protealons 01 me SCRA extend beyond the last dates of amve duty Those who could rely on mus cemfimte are urged to seek qualified legal counsel to ensure ma! all ngms guaranteed lo Semce membas under me SCRA are protected WARNING Thus oertlfimle was prowded based on a last name. SSNIdate of bmh, and aawe duty status dale prowded by the requester Prowdnng erroneous :nformanon will muse an erroneous certificate to be provided