DeclarationCal. Super. - 6th Dist.March 18, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV379065 Santa Clara - Civil Erin E. Patterson, SBN 262285 EleCtromcally Flled Jason W. Tang, SBN 314337 by SUperlor court 0f CA, Patrick J. Layman, SBN 59643 County of Santa Clara, Thomas J. Sebourn, SBN 279272 on 7/2/2021 3:06 PM Nicholas J. Babilis, SBN 291676 Reviewed By: D Harris Carina M. Jordan, SBN 302099 case #21 CV379065 Shane T. Wate, SBN 302738 Envelope: 6777643 Suttell & Hammer, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/(888) 788-8355 Facsimile: (425) 453-3239 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA LIMITED CIVIL CASE Bank ofAmerica, N.A. Case No.2 21CV379065 Plaintiff, vs. DECLARATION OF NON-MILITARY SERVICE Demeil A Bit-Atanus Defendant. S/h 735978.001 Upon information and belief, the undersigned Declarant states that the Defendant is not in the military service 0f the United States. Declarant is unable to determine Whether Defendant is a dependent of a service member. Attached hereto is a copy 0fthe Military Status Report for the Defendant from the Department of Defense. Imake this declaration in connection With the request for entry ofjudgment pursuant to the provisions of the Servicemembers Civil ReliefAct as amended, 50 U.S.C. § 393 1. I declare under penalty of perjury that the foregoing is true and correct under the laws of the state 0f California. Be'l'levue, Washington 0n June 23, 2021 gab xfiecca Gendro Legal Assistant Executed at DECLARATION OF NON-MILITARY SUTTELL & HAMMER, APC SERVICE - 1 PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAX D Harris Department of Defense Manpower Data Center Status Rapnn Pursuant ta Smficemembers Civil ReliefAct 'r Results as of : Jun-23-2021 11:55:59 AM SCRA 5.8 SSN: XXX-XX-- Birth Date: Last Name: ATANUS First Name: DEMEIL A Middle Name: Status As Of: Jun-23-2021 Certificate ID: 6GY1 B7BF3C6TCZ3 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals‘ active duty status based on the Active Duty Status Date Lefl Active Duty Within 367 Days of Active Duty Status Date Active Du‘y Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left acfive duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future CaII-Up to Active Duty on Active Duty Status Dale Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflec‘s whether the individual or hislher 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 hislher unit receiving notification of future orders to report for Active Duty. 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. § 3901 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 (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. 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. § 3921(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 367 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.