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Aiddh Cour
DOCKET NUMBER umber]
MILITARY Massachusetts
AFFIDAVIT Trial Court
(UNDER 50 U.S.C. § 3931)
CASE NAME. COURT DEPARTMENT (Select only one court.)
Carole Ann Painter Estate O Boston Municipal Court Oo District Court [Housing Court
Oo Juvenile Court Oo Land Court
Probate & Family Court Oo Superior Court
COURT DIVISION OR COUNTY
Middlesex
Under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, I, Edward M. Painter (Insert Name),
have signed below affirming, to the best of my knowledge, that the following statements are true:
1. As of March 5, 2024 (Insert Month/Day/Year):
A. The following party(ies) is/are in military service as defined in the Servicemembers Civil Relief Act.
B. The following party(ies) is/are NOT in military service as defined in the Servicemembers Civil Relief Act.
Edward M. Painter and Helen P. Kelly
C.J The following party(ies) has/have concluded military service as defined in the Servicemembers Civil
Relief Act. (Also, indicate the exact date that the party(ies) has/have concluded military service.)
D. (_| am unable to determine whether the following party(ies) is/are in military service as defined in the
Servicemembers Civil Relief Act. As a result, under 50 U.S.C. § 3931(b)(3), | understand that the
court, before entering a judgment, may require that | file a bond.
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Num ber
2. You are required to state facts that support this affidavit
You must fill out this section and check choice “A” or “B.”
A. Lused the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd.mil/) to determine the military
status of the party(ies) listed in this affidavit. (You are required to provide your search results.)
The results from my use of the Servicemembers Civil Relief Act Website are attached. (Required.)
Additional facts (Optional if search results are attached.)
B.EX] | have NOT used the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd,mil/) to determine
the military status of the party(ies) listed in this affidavit. However, the following facts support my statement above as
to the military status of the party(ies)
{ fr
You are req juired to rovide facts below. Please be specific.)
| have contacted the interested parties and hey have contame thattl ey are not in military service.
Note: The term “military service” includes the following: active duty service as a member of the United States Army,
Navy, Air Force, Marine Corps, or Coast Guard; service as a member of the National Guard under a call to active
service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days for
purposes of responding to a national emergency; active service as a commissioned officer of the Public Health
Service or of the National Oceanic and Atmospheric Administration; and any period of service during which a
servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause. 50 U.S.C. §
3911(2). AU.S. citizen who is serving with the forces of a nation with which the United States is allied in a war or
military action may also be entitled to relief under the Servicemembers Civil Relief Act if that service is similar to the
definition of “military service” discussed above. See 50 U.S.C. § 3914
Subscribed and certified or declared to be true under penalty of perjury.
cee
SIGNATURE DATED
3/5/2024
5 0 sas.
PRINT CLEARLY OR TYPE YOUR NAME, ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS
Edward M. Painter BBO NUMBER (FOR ATTORNEYS)
106 W Acton Road
Stow, MA 01775
508-314-0807
tedpainter3@gmail.com
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@ Number
Massachusetts
Trial Court
Instructions for
Military Affidavit (Under 50 U.S.C. § 3931)
The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043, is a federal law
providing a range of benefits and protections to persons serving in the military and their
dependents. Servicemembers include members of the U.S. Army, Navy, Air Force,
Marine Corps, or Coast Guard, and commissioned officers in the Public Health Service
and National Oceanic and Atmospheric Administration, while on active duty military
service of their country and for up to one year after active duty, as well as members of
the National Guard on certain assignments, and U.S. citizens serving with certain allied
military forces.
The Massachusetts Trial Court’s Military Affidavit (Under 50 U.S.C. § 3931) is a
standardized form used to indicate the military status of the party(ies) to a case. The
form may be used in all case types where the filing of a Military Affidavit is
appropriate. The Military Affidavit form is a fillable PDF and complies with both 50
U.S.C. § 3931(b) and Mass. R. Civ. P. 55(b)(4).
For example, under Mass. R. Civ. P. 55(b)(4), a Military Affidavit is required before a
court enters a default judgment. A default judgment is a judgment in favor of the party
or “plaintiff suing a “defendant” for “fail[ing] to plead or otherwise defend” a court action.
See Mass. R. Civ. P. 55(b)(4) (“[NJo judgment by default shall be entered until the filing
of an affidavit . . . setting forth facts showing whether or not the defendant is in military
service ...”).
Please type your responses on the Military Affidavit form or use blue or black ink and
write clearly.
1. Write or type the complete “Docket Number” of your case, if known.
2. Write or type the “Case Name’ on the form and list the parties to the case: the
plaintiff(s), the defendant(s), and, if applicable, any interested party(ies) or
respondent(s).
3. Check off the “Court Department” where your case is filed.
4. Write or type the appropriate “Court Division or County” where your case is located
(e.g., Brighton Division, Attleboro District Court, Barnstable Probate and Family Court,
or Barnstable County).
5. You are required to fill out the main portion of the affidavit. Write or type your full
name. Write or type today’s date or the date you conducted your search for the military
status of the party(ies).
DocuSign Envelope ID: AC6BEC08-1E5B-47CC-A3B3-CC83DDAFDBC3 Mid Pr Ourt
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@ Number
6. Write or type information about the military status of the party(ies). Under Item 1,
check off Items A, B, C, or D, as appropriate, and fill in the requested information on the
form for each choice. Please note that if you check off Item D, under 50 U.S.C. §
3931(b)(3), before entering a judgment, the court may require you to file a bond
because you have indicated that you are unable to determine the military service status
of the party(ies).
7. You are required to state facts supporting the Military Affidavit. Under Item 2, you
must fill out this section of the form and check off choice A or B.
As to Choice A: You may use the Servicemembers Civil
Relief Act Website (https://scra.dmdc.osd.mil/) to determine
the military status of the party(ies) that you listed.
Conducting an online search through the SCRA Website is
the easiest method of determining the military status of the
party(ies). If you used the SCRA Website, you are required
to provide a copy of your search results to the court
(typically, a certificate generated from the SCRA Website).
You must attach a copy of those search results to your
Military Affidavit. You may include additional facts when you
provide a copy of your search results.
As to Choice B: If you did not use the SCRA Website to
determine the military status of the party(ies) that you listed,
you must provide specific facts that support your statement
as to the military status of the party(ies). For example, you
may include facts that you know through your contact or
communications with the party(ies). You may also write to
the appropriate military service headquarters, listed at
(http://www.defense gov/Sites), to determine the military
status of the party(ies). Please attach any written
correspondence you receive from the military in support of
your statement.
8. Under “Signature” and “Dated,” sign and date the form. You may sign the Military
Affidavit form electronically. Make sure to clearly write or type your name, address,
phone number, and e-mail address under your signature. Massachusetts attorneys are
required to provide their Board of Bar Overseers (BBO) Number. Attorneys licensed in
other jurisdictions must provide their State Bar Number.
-2-
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Aiddh Cour DOCKET NUMBER umber] MILITARY Massachusetts AFFIDAVIT Trial Court (UNDER 50 U.S.C. § 3931) CASE NAME. COURT DEPARTMENT (Select only one court.) Carole Ann Painter Estate O Boston Municipal Court Oo District Court [Housing Court Oo Juvenile Court Oo Land Court Probate & Family Court Oo Superior Court COURT DIVISION OR COUNTY Middlesex Under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, I, Edward M. Painter (Insert Name), have signed below affirming, to the best of my knowledge, that the following statements are true: 1. As of March 5, 2024 (Insert Month/Day/Year): A. The following party(ies) is/are in military service as defined in the Servicemembers Civil Relief Act. B. The following party(ies) is/are NOT in military service as defined in the Servicemembers Civil Relief Act. Edward M. Painter and Helen P. Kelly C.J The following party(ies) has/have concluded military service as defined in the Servicemembers Civil Relief Act. (Also, indicate the exact date that the party(ies) has/have concluded military service.) D. (_| am unable to determine whether the following party(ies) is/are in military service as defined in the Servicemembers Civil Relief Act. As a result, under 50 U.S.C. § 3931(b)(3), | understand that the court, before entering a judgment, may require that | file a bond. Standardized (Multi - BMC, DC, HC, JC, LC, PFC, SC)-Civil-TC0002 (04/23) Page 1 of 2 DocuSign Envelope ID: AC6BEC08-1E5B-47CC-A3B3-CC83DDAFDBC3 Midi and Fa ly Cour D: 4/2024 12:17 PM ber: Num ber 2. You are required to state facts that support this affidavit You must fill out this section and check choice “A” or “B.” A. Lused the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd.mil/) to determine the military status of the party(ies) listed in this affidavit. (You are required to provide your search results.) The results from my use of the Servicemembers Civil Relief Act Website are attached. (Required.) Additional facts (Optional if search results are attached.) B.EX] | have NOT used the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd,mil/) to determine the military status of the party(ies) listed in this affidavit. However, the following facts support my statement above as to the military status of the party(ies) { fr You are req juired to rovide facts below. Please be specific.) | have contacted the interested parties and hey have contame thattl ey are not in military service. Note: The term “military service” includes the following: active duty service as a member of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard; service as a member of the National Guard under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days for purposes of responding to a national emergency; active service as a commissioned officer of the Public Health Service or of the National Oceanic and Atmospheric Administration; and any period of service during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause. 50 U.S.C. § 3911(2). AU.S. citizen who is serving with the forces of a nation with which the United States is allied in a war or military action may also be entitled to relief under the Servicemembers Civil Relief Act if that service is similar to the definition of “military service” discussed above. See 50 U.S.C. § 3914 Subscribed and certified or declared to be true under penalty of perjury. cee SIGNATURE DATED 3/5/2024 5 0 sas. PRINT CLEARLY OR TYPE YOUR NAME, ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS Edward M. Painter BBO NUMBER (FOR ATTORNEYS) 106 W Acton Road Stow, MA 01775 508-314-0807 tedpainter3@gmail.com Standardized (Multi - BMC, DC, HC, JC, LC, PFC, SC)-Civil-TC0002 (04/23) Page 2 of 2 DocuSign Envelope ID: AC6BEC08-1E5B-47CC-A3B3-CC83DDAFDBC3 Mid Pr Ourt ate Fi 44 7PM @ Number Massachusetts Trial Court Instructions for Military Affidavit (Under 50 U.S.C. § 3931) The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043, is a federal law providing a range of benefits and protections to persons serving in the military and their dependents. Servicemembers include members of the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard, and commissioned officers in the Public Health Service and National Oceanic and Atmospheric Administration, while on active duty military service of their country and for up to one year after active duty, as well as members of the National Guard on certain assignments, and U.S. citizens serving with certain allied military forces. The Massachusetts Trial Court’s Military Affidavit (Under 50 U.S.C. § 3931) is a standardized form used to indicate the military status of the party(ies) to a case. The form may be used in all case types where the filing of a Military Affidavit is appropriate. The Military Affidavit form is a fillable PDF and complies with both 50 U.S.C. § 3931(b) and Mass. R. Civ. P. 55(b)(4). For example, under Mass. R. Civ. P. 55(b)(4), a Military Affidavit is required before a court enters a default judgment. A default judgment is a judgment in favor of the party or “plaintiff suing a “defendant” for “fail[ing] to plead or otherwise defend” a court action. See Mass. R. Civ. P. 55(b)(4) (“[NJo judgment by default shall be entered until the filing of an affidavit . . . setting forth facts showing whether or not the defendant is in military service ...”). Please type your responses on the Military Affidavit form or use blue or black ink and write clearly. 1. Write or type the complete “Docket Number” of your case, if known. 2. Write or type the “Case Name’ on the form and list the parties to the case: the plaintiff(s), the defendant(s), and, if applicable, any interested party(ies) or respondent(s). 3. Check off the “Court Department” where your case is filed. 4. Write or type the appropriate “Court Division or County” where your case is located (e.g., Brighton Division, Attleboro District Court, Barnstable Probate and Family Court, or Barnstable County). 5. You are required to fill out the main portion of the affidavit. Write or type your full name. Write or type today’s date or the date you conducted your search for the military status of the party(ies). DocuSign Envelope ID: AC6BEC08-1E5B-47CC-A3B3-CC83DDAFDBC3 Mid Pr Ourt ate Fi 44 7PM @ Number 6. Write or type information about the military status of the party(ies). Under Item 1, check off Items A, B, C, or D, as appropriate, and fill in the requested information on the form for each choice. Please note that if you check off Item D, under 50 U.S.C. § 3931(b)(3), before entering a judgment, the court may require you to file a bond because you have indicated that you are unable to determine the military service status of the party(ies). 7. You are required to state facts supporting the Military Affidavit. Under Item 2, you must fill out this section of the form and check off choice A or B. As to Choice A: You may use the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd.mil/) to determine the military status of the party(ies) that you listed. Conducting an online search through the SCRA Website is the easiest method of determining the military status of the party(ies). If you used the SCRA Website, you are required to provide a copy of your search results to the court (typically, a certificate generated from the SCRA Website). You must attach a copy of those search results to your Military Affidavit. You may include additional facts when you provide a copy of your search results. As to Choice B: If you did not use the SCRA Website to determine the military status of the party(ies) that you listed, you must provide specific facts that support your statement as to the military status of the party(ies). For example, you may include facts that you know through your contact or communications with the party(ies). You may also write to the appropriate military service headquarters, listed at (http://www.defense gov/Sites), to determine the military status of the party(ies). Please attach any written correspondence you receive from the military in support of your statement. 8. Under “Signature” and “Dated,” sign and date the form. You may sign the Military Affidavit form electronically. Make sure to clearly write or type your name, address, phone number, and e-mail address under your signature. Massachusetts attorneys are required to provide their Board of Bar Overseers (BBO) Number. Attorneys licensed in other jurisdictions must provide their State Bar Number. -2-