Revised 3/2005 Suggested Form D101 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF NEW YORK In Re: Debtor(s). AFFIDAVIT OF NON-MILITARY SERVICE [Bankruptcy Rule 7055(a)] BK Case No. Plaintiff(s), AP Case No. vs. Defendant(s). The undersigned is the attorney for the Plaintiff in the above-captioned action or, in the alternative, the undersigned is the Plaintiff pro se in this action. Pursuant to 50 U.S.C. Appx. § 521, I have made an investigation to ascertain if Defendant, ______________________________________ (“Defendant”), is in the military service of the United States. The results of my investigation are as follows1:_____________________________ ______________________________________________________________________________ ________________________________________________________________________________. From the facts set forth above, I am convinced that Defendant is not in the military service of the United States as defined in the Service Members’ Civil Relief Act of 1940, 50 U.S.C. Appx. § 521. __________________________________ Dated:_________________ By: Attorney for Plaintiff or Plaintiff pro se Sworn to before me this ______day of _________________,2_____. ______________________________________ Notary 1 To properly complete the "Affidavit of Non-Military Service" required to be submitted in connection with a request for judgment by default, the requesting party is strongly encouraged to verify military status through the Defense Manpower Data Center ["DMDC"] Military Verification Service. The DMDC has a 24-hour website, and verification of military status can be printed from the website in a form document that contains the Department of Defense seal and the signature of the Director of the DMDC. A password to the DMDC website can be obtained by making a request on company letter to: DMDC, Military Verification, 1600 Wilson Blvd., Suite 400, Alexandria, VA 22209 or fax to 703-696-4156. The website address for the DMDC login page is: American LegalNet, Inc. www.USCourtForms.com