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Fill and Sign the Motion Ampamp Declaration for Default Form

Fill and Sign the Motion Ampamp Declaration for Default Form

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Mtn/Decl for Default (Parentage) (MTDFL) - Page 1 of 4 WPF PS 03.0100 (6/2006) - CR 55(a); RCW 26.26.615 Superior Court of Washington County of In re Parentage: Petitioner, and Respondent and Respondent. No. Motion and Declaration for Default (MTDFL) I. Motion ______________________________________________ [Name of moving party ] moves the court for an order of default ag ainst __________________________________ [Nam e of nonmoving party being defaulted]. Venue of this action is proper as set forth in the Declaration below. Dated: Signature of Moving Party or Lawyer/WSBA No. Print or Type Name II. Declaration 2.1 Proper Jurisdiction and Venue The court has proper jurisdiction and venue pursuan t to the allegations of the petition at the time of filing. The petitioner resides in ________________________________________ [County and State]. The child(ren) reside(s) in ______________________________________ [County and State]. The respondent resides in _______________________________________ [County and State]. Mtn/Decl for Default (Parentage) (MTDFL) - Page 2 of 4 WPF PS 03.0100 (6/2006) - CR 55(a); RCW 26.26.615 [ ] Other: 2.2 Jurisdiction Over Nonmoving Party This court has jurisdiction over the nonmoving party because: [ ] The nonmoving party is presently residing in Washington. [ ] The nonmoving party was personally served w ith summons and petition within this state. [ ] The nonmoving party submits to jurisdiction of this state by consent as evidenced by joinder or consent to jurisdiction signed by the nonmoving party. [ ] The nonmoving party resided with the child in this state. [ ] The nonmoving party resided in this state and provided prenatal expenses or support for the child. [ ] The child resides in this state as a result of the acts or directives of the nonmoving party. [ ] Other: 2.3 Service on Nonmoving Party The nonmoving party was served with ______________________________________________ ________________________________________________________________________\ _____ ____________________________________________________ on _______________ \ [Date]. [ ] in the state of Washington. [ ] in ______________________________________ [City and state where service was made]. Service within the state of Washington could not be made for the following reasons: 2.4 Time Elapsed Since Service on the Nonmoving Party [ ] The nonmoving party was served within the state of Washington and more than 20 days have elapsed since the date of service. [ ] The nonmoving party was served outside the state of Washington and more than 60 days have elapsed since the date of service. Mtn/Decl for Default (Parentage) (MTDFL) - Page 3 of 4 WPF PS 03.0100 (6/2006) - CR 55(a); RCW 26.26.615 [ ] The nonmoving party was served by mail and more than 90 days have elapsed since the date of mailing. [ ] The nonmoving party was served by publica tion and more than 60 days have passed since the date of first publication. 2.5 Appearance of the Nonmoving Party [ ] The nonmoving party has failed to appear. [ ] The nonmoving party has appeared, but has failed to respond. [ ] Other: 2.6 Servicemembers Civil Relief Act Statement 2.6.1 [ ] The nonmoving party is not a service member or a dependent of a service member. 2.6.2 The nonmoving party – service member: [ ] is on active duty in the U.S. armed forces (excluding National Guard and reserves); [ ] is on active duty and is a National Guard member or a Reservist residing in Washington; [ ] is not on active duty in the U.S. armed forces (excluding National Guard and reserves); [ ] is not on active duty and is a National Guard member or a Reservist residing in Washington; [ ] I am unable to determine whether the nonmoving party is or is not on active duty in the U.S. armed forces; [ ] I am unable to determine whether the nonmoving party is or is not on active duty as a National Guard member or a Reservist residing in Washington; based upon the following facts: [ ] As indicated above, the nonmoving party is on active duty and (check all that apply): [ ] The nonmoving party is represented by an attorney. [ ] The court has appointed an attorney to represent the nonmoving party. [ ] A stay of these proceedings [ ] has [ ] has not been entered by the court. 2.6.3 The nonmoving party – dependent of service member: [ ] is a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist; [ ] is not a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist; Mtn/Decl for Default (Parentage) (MTDFL) - Page 4 of 4 WPF PS 03.0100 (6/2006) - CR 55(a); RCW 26.26.615 [ ] I am unable to determine whether the nonmoving party is a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist; based upon the following facts: [ ] The nonmoving party failed to respond to a notice to him or her as a dependent of a person in Military Service that was [ ] served on [ ] mailed by first class mail on ________________________________________ [Date], therefore he or she should be presumed not a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist. [ ] As indicated above, the nonmoving party is a dependent of a resident of Washington who is on active duty and is a National Guard member or a Reservist and (check all that apply): [ ] The nonmoving party is represented by an attorney. [ ] The court has appointed an attorney to represent the nonmoving party. [ ] A stay of these proceedings [ ] has [ ] has not been entered by the court. 2.7 Other I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed at ______________________, [City] _____________ [State] on ____________________ [Date]. Signature of Moving Party Print or Type Name

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