DOCKET NO.: HHD-CV-22-61520498S
`
`: SUPERIOR COURT
`
`! JUDICIAL DISTRICT OF
`: HARTFORD
`
`AT HARTFORD
`
`3:
`
`' June 30, 2022
`
`MIDFIRST BANK
`
`VS.
`
`THE WIDOW,HEIRS, BENEFICIARIES,
`REPRESENTATIVES AND CREDITORS OF THE
`ESTATE OF KENNETH H. MITCHELL ET AL.
`
`AFFIDAVIT OF MILITARY SERVICE
`
`I, the undersigned, sworn on oath,state as follows:
`
`1.
`
`2.
`
`My nameis Kelsey Sparn.
`
`I am employedas a Legal Assistant at the law firm of Korde & Associates, P.C.
`
`I am familiar with the facts ofthis case.
`
`On or about June 28, 2022, I caused a request to generate via the Defense Manpower
`Data Center on-line website regarding the military status of the Defendants, Alice M.
`Smith and Kenneth H. Mitchell, Administrator of the Estate of Alice Smith.
`
`I received a response from the Defense Manpower Data Centerstating that they do not
`possess any information indicating that the Defendants, Alice M. Smith and Kenneth
`H. Mitchell, Administrator of the Estate of Alice Smith, are members of the armed
`forces pursuantto the provisions of the Soldiers and Sailors Civil Relief Act of 1940.
`Therefore, there is no reason for our office to believe that the Defendants, Alice M.
`Smith and Kenneth H. Mitchell, Administrator of the Estate of Alice Smith, are
`membersof the Military. A copy of said responseis attached hereto and incorporated
`herewith as Exhibit “A”.
`
`21-039269
`
`Affidavit of Military Service
`
`Page | of 2
`
`
`
`6.
`
`I make these statements based upon my own knowledge, information andbelief.
`
`
`
`21-039269
`
`Affidavit of Military Service
`
`Page 2 of 2
`
`
`
`EXHIBIT A
`
`
`
`Welcome to the Official
`. ServicemembersCivil
`Relief Act (SCRA) Website
`
`Logout
`
`Ms
`
`etoile
`
`PLULayee
`
`rd Requests
`
`ls
`
`ae)
`
`Tips & Notes
`* Without a Social Security
`Number, DMDC cannot
`
`authoritatively assert that this is
`the sameindividual that your
`query refers to. Name and date of
`birth alone do not uniquely
`identify an individual.
`« Check your data entry before
`submitting it.
`* Response maytake up to 15
`seconds after clicking "Submit".
`
`Resources
`* Download Adobe Reader
`
`« Unexpected Results?
`
`ECA Single Record Request
`Use this page to request a Certificate verifying Active Duty Status for an individual on a specified date.
`
`“SSN is NOT required. Unless you are a financial institution or otherwise required to collect SSNs, you should not
`require individuals to provide you with their SSN for the sole purpose of conducting a query on this website.
`Searches can be conducted using Name and Date of Birth alone. Providing additional details such as First Name,
`Middle Name, or SSN, if already Known, will increase the accuracy of the match.
`
`SSN | ¥
`
`RepeatSSN
`
`Birth Date
`
`_
`|
`
`MM/DDIYYYY
`
`MM/DDIYY YY(e.g. 09/16/2012)
`
`Last Name
`
`Smith
`
`First Name
`
`Alice
`
`Middle Name
`
`Active Duty
`Status Date
`
`M
`
`on
`mm
`
`06/28/2022
`
`v
`
`wv
`
`wv
`
`v
`
`wv
`
`MM/DDYYYY (The default will be set to
`today’s date)
`
`e
`
`°
`
`Terms of Use Agreement
`
`Permissible Uses: Access to this website is restricted to financial institutions, collection agencies, and others with
`financial and legal transactions with eligible service members for the sole purpose of ensuring that those service
`members receive Senicemembers Civil Relief Act (SCRA) protections in accordance with 50 U.S.C. Chapter 50. All
`other use is strictly prohibited.
`
`VIOLATIONS OF THESE TERMS OF USE MAY RESULT IN IMMEDIATE TERMINATION OF ACCESS TO THE
`
`SERVICES OF THIS WEBSITE WITHOUT PRIOR NOTICE.
`
`UNAUTHORIZED ACCESS MAY SUBJECT YOU TO CRIMINAL PENALTIES INCLUDING POTENTIAL FINES
`
`
`AND IMPRISONMENT IF YOU MAKE A FALSE REPRESENTATION TO GAIN ACCESS TO THE SERVICES
`
`OFFERED ON THIS WEBSITE OR OBTAIN INFORMATION UNDER FALSE PRETENSES. 18 U.S.C. § 1001
`
`By clicking the box marked "I Accept,” you indicate that you have read and agree to the Terms of Use and that you
`certify, under penalty of perjury, that you are only using this website for the permissible uses identified in this
`Agreement.
`
`
`
`© Accept
`
`
`
`
`
`No Fear Act Notice USA.GovPrivacy Notice SCRA5.13
`
`
`
`
`
`Jun-28-2022 10:53:53 AM
`
`5.13
`
`XXX-XX
`
`SMITH
`ALICE
`
`M J
`
`un-28-2022
`PP1B59L0W8GBJJ0
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`No
`
`No
`
`No
`
`NA
`
`NA
`
`NA
`
`Department of Defense Manpower Data Center
`
`Results as of :
`
`SCRA
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`On Active Duty On Active Duty Status Date
`
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`Order Notification Start Date
`
`Order Notification End Date
`
`Status
`
`Service Component
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`
`This response reflects whether the individual or his/her 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 his/her 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.
`
`
`
`Logout
`
`Welcome to the Official
`. ServicemembersCivil
`Relief Act (SCRA) Website
`
`etoile
`
`PLULayee
`
`rd Requests
`
`ls
`
`ae)
`
`Ms
`
`Tips & Notes
`* Without a Social Security
`Number, DMDC cannot
`
`authoritatively assert that this is
`the sameindividual that your
`query refers to. Name and date of
`birth alone do not uniquely
`identify an individual.
`Check your data entry before
`submitting it
`* Response maytake up to 15
`seconds after clicking "Submit".
`
`Resources
`* Download Adobe Reader
`
`« Unexpected Results?
`
`ECA Single Record Request
`Use this page to request a Certificate verifying Active Duty Status for an individual on a specified date.
`
`“SSN is NOT required. Unless you are a financial institution or otherwise required to collect SSNs, you should not
`require individuals to provide you with their SSN for the sole purpose of conducting a query on this website.
`Searches can be conducted using Name and Date of Birth alone. Providing additional details such as First Name,
`Middle Name, or SSN, if already Known, will increase the accuracy of the match.
`
`sv i
`
`Repeat ssN
`
`Birth Date
`
`_
`|
`
`MM/DDIYYYY
`
`MM/DDIYY YY(e.g. 09/16/2012)
`
`Last Name
`
`Mitchell
`
`First Name
`
`Kenneth H
`
`Middle Name
`
`Active Duty
`Status Date
`
`on
`mm
`
`06/28/2022
`
`MM/DDYYYY (The default will be set to
`today’s date)
`
`v
`
`7
`
`od
`
`wv
`
`wv
`
`°°?
`
`°
`
`Terms of Use Agreement
`
`Permissible Uses: Access to this website is restricted to financial institutions, collection agencies, and others with
`financial and legal transactions with eligible service members for the sole purpose of ensuring that those service
`members receive Senicemembers Civil Relief Act (SCRA) protections in accordance with 50 U.S.C. Chapter 50. All
`other use is strictly prohibited.
`
`VIOLATIONS OF THESE TERMS OF USE MAY RESULT IN IMMEDIATE TERMINATION OF ACCESS TO THE
`
`SERVICES OF THIS WEBSITE WITHOUT PRIOR NOTICE.
`
`UNAUTHORIZED ACCESS MAY SUBJECT YOU TO CRIMINAL PENALTIES INCLUDING POTENTIAL FINES
`
`
`
`AND IMPRISONMENT IF YOU MAKE A FALSE REPRESENTATION TO GAIN ACCESS TO THE SERVICES
`
`
`OFFERED ON THIS WEBSITE OR OBTAIN INFORMATION UNDER FALSE PRETENSES. 18 U.S.C. § 1001
`
`By clicking the box marked "I Accept,” you indicate that you have read and agree to the Terms of Use and that you
`certify, under penalty of perjury, that you are only using this website for the permissible uses identified in this
`Agreement.
`
`
`
`© Accept
`
`
`
`
`
`No Fear Act Notice USA.GovPrivacy Notice SCRA5.13
`
`
`
`
`
`Jun-28-2022 10:53:50 AM
`
`5.13
`
`XXX-XX
`
`MITCHELL
`KENNETH H
`
`Jun-28-2022
`CY9NHYG4VZ163H2
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`NA
`
`No
`
`No
`
`No
`
`NA
`
`NA
`
`NA
`
`Department of Defense Manpower Data Center
`
`Results as of :
`
`SCRA
`
`SSN:
`Birth Date:
`Last Name:
`First Name:
`Middle Name:
`Status As Of:
`Certificate ID:
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`On Active Duty On Active Duty Status Date
`
`This response reflects the individuals' active duty status based on the Active Duty Status Date
`
`Active Duty Start Date
`
`Active Duty End Date
`
`Status
`
`Service Component
`
`Left Active Duty Within 367 Days of Active Duty Status Date
`
`This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
`
`Order Notification Start Date
`
`Order Notification End Date
`
`Status
`
`Service Component
`
`The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`
`This response reflects whether the individual or his/her 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 his/her 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.
`
`
