Form 8 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR TH E COU NTY O F LINCOLN In the M atter of the M arriage of: ) ) ___ ___ ___ ___ ___ ___ ______ ___ ___ __, ) Petitioner, ) and ) ) ________________________________, ) Respondent. ) Case No. ______________________ PETITIONER’S AFFIDAVIT IN SUPPORT OF M OTION FOR ORDE R OF DE FAULT STATE OF ________________________ ) ) ss. County of _________________________ ) I, ______ ___ ___ ___ ___ ___ ___ ___ ___ _, being first duly sworn, say: I am the petitioner in this proceeding. ‘ To my best knowledge and belief, the respondent is not now, and was not at the time of the service of the Summ ons and Petition, a minor, “incapacitated,” a “finan cially incapable” person, a “protected person,” n or a “respondent” in a fiduciary protective proceeding, as defined by Oregon law. ‘ The respon dent is not in military service as defined by the Servicemembers Relief Act based on these facts: _______________________________________________________________________________________ ‘ The respondent is now, or was at the time of the service of the Summons and Petition, in the military service of the United States, but the respondent has waived his or her rights under the Servicemembers Relief Act, as shown by the attached affidavit, labeled as Exhibit _____. The respondent is not now and was not at the time of the service of the Summons and Petition, an unemancipated minor or incapacitated. Certificate of D ocument Preparation . You are required to truthfully complete this certificate regarding the document you are filing with the court. Check all boxes and complete all blanks that apply: ‘ I selected this document for myself and I completed it without paid assistance. ‘ I paid or will pay money to _____________________________ for assistance in preparing this docum ent. DATE D this _______ day of ____________________, 20_____. ____________________________________________________________________________________ Petitioner, Signature Print Name ___________________________________________________________________________________________ Address or Contact Address City, State, Zip Telephone or Contact Telephone SIGNE D A ND SW OR N to before me this _____ ___ _ day of ______ ___ ___ ___ ___ ___ , 20____ _, by _________________________________________________. ________________________________ Notary Public for ______ ___ ___ /Court Clerk My Commission Expires: ______________ Page 38 of 49 - PETITIONER’S AFFIDAVIT IN SUPPOR T OF M OTION FOR ORDE R OF DE FAULT Disso-1BC: AffDefault-1BC-Ver03-LNN-5-04.wpd American LegalNet, Inc. www.USCourtForms.com 1 MOTION 2 Based on the above Affidavit, Petitioner requests that this Court grant an Order entering the default of the 3 Re spo nde nt. 4 STATEMEN T OF POINTS AND AUTHOR ITIES 5 ORC P 69 authorizes the Court or clerk to enter an order of default on a showing by affidavit or otherwise 6 that a party against whom a judgment is sought has been served with Summ ons or is otherwise subject 7 to the jurisdiction of the Court and has failed to plead or otherwise defend within the time set by law. 8 Signature of Petitioner Date 9 Print or Type Name of Petitioner 10 11 12 ORDER 13 14 Motion Granted Motion Denied 15 16 17 IT IS SO ORDERED. 18 19 DATED this day of (mon th) , 200 . (year) 20 21 JUDG E (Signature) 22 23 Print, Type or Stamp Judge's Name 24 25 26 27 Su bm itted by: Print Name Petitioner Attorney for Petitioner OSB No. Address or Contact Address City State Zip Telephone or Contact Telephone Number(s) P E T IT IO N E R 'S A FF ID A V IT , M O T IO N A N D O R D E R FO R D E FA U LT JU D G M E N T O F D IS S O L UT IO N - Pag e 2 o f 2 MS (09/04) American LegalNet, Inc. www.USCourtForms.com