On March 10, 2023 a
Party Statement
was filed
involving a dispute between
Portfolio Recovery Associates, Llc,
and
Kim Newkirk,
for S15 - Small Claims - Small Claims - Collection - Purchase Debt
in the District Court of Litchfield County.
Preview
AFFIDAVIT CONCERNING STATE OF CONNECTICUT Court Use Only
MILITARY SERVICE SUPERIOR COURT
JD-FM-178 Rev. 11-11
ie a
Instructions
Anyone who knows the military status of the defendant may complete the form below. You must swear that
your statement is true and sign it in front of a court clerk, a notary public, or an attorney who will also sign
and date the affidavit, Make one copy for yourself and give the original to the court clerk.
Explanation: A military service affidavit is required in every case where the defendant has not fited an
Appearance form with the court clerk’s office by the time of the court hearing. The purpose is to protect men
and women serving in the U.S. military from genting @ court judgment against them without first receiving
a
notice of the lawsuit and a chance to defend the case. The affidavit gives the court the necessary facts to find
that the defendant is not in the U.S. military.
—— $$$
Todicial District of ‘At (Town) ‘Docket number
LITCHFIELD |
Plaintiff's name (Last, first, middle dnirial) Defendant's name (Last, first, middle initial)
PORTFOLIO RECOVERY ASSOCIATES, LLC KIM NE
I certify that the following is true (check all that apply and complete):
O 1. The defendant is in the U.S. Military.
M 2. The defendant is not in the U.S. Military. I know this because:
D the defendant is working at
O the defendant currently lives at
Oi the defendant is years old.
W other (state reasons) Ihave conducted a search of the defendant’s service status through the
Department of Defense using his/her name, date of birth and/or social
security number. The results indicated the defendant is not on active duty.
0 3. Ido not know whether the defendant is in the U.S. military service.
Signature a2 Darina _——
CZ 7. Mark Laczewski, Juris No. 418244
a tant Clerk/Notary Public/Commtissioner of Superior Court) At (Town,
16
Matthew Fost’) ADA NOTICE
Commis aE icial Branch of the State of Connecticut complies with the Americans with
Supey Bi les Act (ADA). If you need a reasonable accommodation in accordance with the
the ADA, contact a court clerk or an ADA contact person listed at www.jud. ct.gov/ADA.
4158517Department of Defense Manpower Data Center Results as of Jarr20-2028 11:94:30 AM
SCRA 5.15
Status Report
Pursuatt to Servicemembers Civil Relief Act
SSN: a
Birth Date: [E969
Last Name: NEWKIRK
First Name: KIM
Middle Name:
Status As Of: Jan-26-2023
' Certificate ID: 80GYD1DKWM6LTCY
On Active Duty On Active Ouity Status ate
Active Duty Start Date Active Duty End Date stays Service Component
NA NA No NA
This response reflects the individuals active duly sistus based on the Active Duty Stats Date
Left Acfive Duty Within 367 Days of Aciive Duly Status Dale
Active Duty Start Date Active Duty End Date ‘Status Service Component
NA NA No NA
‘This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date:
‘The Member or His/Her Unit Was Notifed af a Futvre Call-Up to Active Duty on Active Duty Status Dale
Order Notiication Start Date ‘Order Notification End Date ‘Status Servioe Component
NA ~ ° NA No NA
This response reflects whether the individual or bisiher unit has recelved early nalification to report for active duty
Upsn 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
Goast Guard). This status includes information on a Servicamember or his/her unit Teceiving notification of future orders to report for Active Duty.
Michael V, Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigiing Rd.
Seaside, CA 93965The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibitity
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. § 3801 et saq, as amended) (SCRA) (formerly known as.
the Soldiers' and Sailors’ Civil Relief Act of 1940). DMDG 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 smal 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 fo the
protections of tha SCRA, you are strongly encouraged to obtain further verification af the ferson'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: hitps://scra.dmdc.osd.mil/scraf##fags. 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 laft Active
uty status within 67 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty an 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 § 101d} (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 Tile 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 protactions of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but whe 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 pratected .
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
erronecus Information will cause an erroneous certificate to be provided.
Document Filed Date
March 10, 2023
Case Filing Date
March 10, 2023
Category
S15 - Small Claims - Small Claims - Collection - Purchase Debt
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
AFFIDAVIT CONCERNING STATE OF CONNECTICUT Court Use Only MILITARY SERVICE SUPERIOR COURT JD-FM-178 Rev. 11-11 ie a Instructions Anyone who knows the military status of the defendant may complete the form below. You must swear that your statement is true and sign it in front of a court clerk, a notary public, or an attorney who will also sign and date the affidavit, Make one copy for yourself and give the original to the court clerk. Explanation: A military service affidavit is required in every case where the defendant has not fited an Appearance form with the court clerk’s office by the time of the court hearing. The purpose is to protect men and women serving in the U.S. military from genting @ court judgment against them without first receiving a notice of the lawsuit and a chance to defend the case. The affidavit gives the court the necessary facts to find that the defendant is not in the U.S. military. —— $$$ Todicial District of ‘At (Town) ‘Docket number LITCHFIELD | Plaintiff's name (Last, first, middle dnirial) Defendant's name (Last, first, middle initial) PORTFOLIO RECOVERY ASSOCIATES, LLC KIM NE I certify that the following is true (check all that apply and complete): O 1. The defendant is in the U.S. Military. M 2. The defendant is not in the U.S. Military. I know this because: D the defendant is working at O the defendant currently lives at Oi the defendant is years old. W other (state reasons) Ihave conducted a search of the defendant’s service status through the Department of Defense using his/her name, date of birth and/or social security number. The results indicated the defendant is not on active duty. 0 3. Ido not know whether the defendant is in the U.S. military service. Signature a2 Darina _—— CZ 7. Mark Laczewski, Juris No. 418244 a tant Clerk/Notary Public/Commtissioner of Superior Court) At (Town, 16 Matthew Fost’) ADA NOTICE Commis aE icial Branch of the State of Connecticut complies with the Americans with Supey Bi les Act (ADA). If you need a reasonable accommodation in accordance with the the ADA, contact a court clerk or an ADA contact person listed at www.jud. ct.gov/ADA. 4158517Department of Defense Manpower Data Center Results as of Jarr20-2028 11:94:30 AM SCRA 5.15 Status Report Pursuatt to Servicemembers Civil Relief Act SSN: a Birth Date: [E969 Last Name: NEWKIRK First Name: KIM Middle Name: Status As Of: Jan-26-2023 ' Certificate ID: 80GYD1DKWM6LTCY On Active Duty On Active Ouity Status ate Active Duty Start Date Active Duty End Date stays Service Component NA NA No NA This response reflects the individuals active duly sistus based on the Active Duty Stats Date Left Acfive Duty Within 367 Days of Aciive Duly Status Dale Active Duty Start Date Active Duty End Date ‘Status Service Component NA NA No NA ‘This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date: ‘The Member or His/Her Unit Was Notifed af a Futvre Call-Up to Active Duty on Active Duty Status Dale Order Notiication Start Date ‘Order Notification End Date ‘Status Servioe Component NA ~ ° NA No NA This response reflects whether the individual or bisiher unit has recelved early nalification to report for active duty Upsn 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 Goast Guard). This status includes information on a Servicamember or his/her unit Teceiving notification of future orders to report for Active Duty. Michael V, Sorrento, Director Department of Defense - Manpower Data Center 400 Gigiing Rd. Seaside, CA 93965The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibitity 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. § 3801 et saq, as amended) (SCRA) (formerly known as. the Soldiers' and Sailors’ Civil Relief Act of 1940). DMDG 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 smal 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 fo the protections of tha SCRA, you are strongly encouraged to obtain further verification af the ferson'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: hitps://scra.dmdc.osd.mil/scraf##fags. 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 laft Active uty status within 67 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty an 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 § 101d} (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 Tile 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 protactions of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but whe 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 pratected . WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erronecus Information will cause an erroneous certificate to be provided.