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UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

IN RE:

Debtor(s).

Plaintiff(s), v.

Defendant(s).

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BK NO.

AP NO.

APPLICATION TO CLERK FOR ENTRY OF DEFAULT

The Plaintiff(s) in the above-captioned Adversary Proceeding, pursuant to Rule 55 of the Federal Rules of Civil Procedure and Bankruptcy Rule 7055, hereby makes application to the Clerk for Entry of Default for the Plaintiff(s) against ____________________, Defendant(s), for failure of said Defendant(s) to plead or otherwise defend. Said failure of Defendant(s) to plead or otherwise defend is set forth in the affidavit immediately following this Application. Plaintiff, by Its/His/Her Attorney _________________________________

AFFIDAVIT OF FAILURE TO PLEAD OR DEFEND

The undersigned, being duly sworn, upon oath deposes and says: 1) That (s)he is the attorney of record for the Plaintiff(s) and has personal knowledge of the facts set forth in this affidavit; That the Plaintiff(s) on the ____ day of __________, 20__, filed in this action a Complaint against the Defendant(s);

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That the summons was issued in this matter on the _____ day of __________, 20__, with the Defendant(s) required to submit a motion or answer to the Complaint by the _____ day of __________, 20__; That the summons issued in this matter on the _____ day of __________, 20__, was served on the Defendant(s) on the _____ day of __________, 20__; That evidence of service of the summons on the Defendant(s) was filed with the Court on the _____ day of __________, 20__; That not less than _____ days have elapsed since service of the Summons and Complaint upon the Defendant(s); That examination of the Court files and records in this action shows that the Defendant(s) have failed to plead or otherwise defend as to the Plaintiff's Complaint; That this Affidavit is executed by the affiant herein for the purpose of enabling the Plaintiff(s) to obtain an Entry of Default against the Defendant(s) for failure to plead or otherwise defend as to the Plaintiff's Complaint. _____________________, Affiant

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Subscribed and sworn to before me at __________ this _____ day of _______________, 20__. ______________________________Notary Public

AFFIDAVIT AS TO COMPETENCY AND NON-MILITARY SERVICE

The undersigned, being duly sworn, upon oath deposes and says: That the Defendant(s) is/are not now, nor at the time of the commencement of this action was/were, in the Military Service of the United States as defined in Article 1 of the "Soldiers' and Sailors' Civil Relief Act of 1940", as amended, nor an infant(s) nor an incompetent(s), and presently reside(s) at ________________ in the ________ of __________________, __________________. ______________________, Affiant Subscribed and sworn to before me at __________ this _____ day of _______________, 20__. ______________________________Notary Public