Rule *1037.1 - Judgments by Default-Certificate of Non-Military Service Required(A) Before a default judgment may be entered in any case against a defendant who has failed to file an appearance, an affidavit must be filed by the plaintiff setting forth facts showing that the defendant is not in the military service, or that he or she is in the service, or that plaintiff is unable to determine whether or not he or she is in the service, to which may be added facts which would justify entry of judgment. (B) (1) If the facts set forth in the affidavit disclose that the defendant is not in the military service, the Office of Judicial Records shall enter judgment.(2) If the affidavit discloses that the defendant is in the military service or if it is averred that the plaintiff is unable to determine whether or not the defendant is in the service, the plaintiff shall put the petition for judgment upon a list provided for the purpose of hearing. At such hearing, evidence may be presented relating to the defendant's military status, the efforts made by the plaintiff to ascertain his status, the propriety of staying the judgment, the terms of said stay, or of a stay of execution, the entry of a bond, the appointment of an attorney to represent the defendant, and other related questions. Following such hearing, the Court will make such order as in its opinion is appropriate. Prior to such hearing, the plaintiff shall apply to the military authorities for certificates contemplated in Section 601, paragraphs (1) and (2), of the Soldiers' and Sailors' Civil Relief Act, and shall file of record any certificates furnished by such authorities and any answers of the latter to plaintiff's request. Plaintiff shall incorporate in the application for a certificate all information in his possession touching the identity of the defendant. (C) If it shall appear at any stage of the proceeding that the defendant is in the military service, the Court shall appoint an attorney to represent the defendant. The attorney shall inquire into defendant's military status, and pertinent facts. He need not, in making his inquiry, require sworn testimony or depositions, but shall inform himself from any reliable source of the pertinent facts. When he has concluded his inquiry, he shall report to the Court the facts showing the status of the defendant so far as the attorney has been able to ascertain them, together with his recommendation on the subject including, unless it appears that defendant is not in the service, the necessity or propriety of requiring a bond and the amount thereof, and the reason for his recommendations. The report of the attorney shall be filed and the plaintiff's petition for judgment put upon the motion list for consideration by the Court. The attorney shall render his service gratis unless a fee is allowed by order of the Court.(D) If the plaintiff is of the opinion that the proceedings do not fall within the provisions of the Soldiers' and Sailors' Civil Relief Act, he may enter a rule for judgment, setting forth in such petition the reasons for such opinion, and put the petition upon the motion list for consideration of the Court.(E) In any action in mortgage foreclosure, or in any suit upon a ground rent, if the identity of the real owner is known to the plaintiff, and no appearance has been filed on behalf of the real owner, before a default judgment may be entered, the plaintiff shall comply with paragraph (A) above. If the plaintiff shall file an affidavit in such proceeding averring that he or she does not know and has been unable to ascertain the identity of the real owner, the plaintiff shall not enter judgment by default without an order of the Court. Such order may be granted upon an affidavit showing to the satisfaction of the Court that the plaintiff or someone on his behalf has made reasonable efforts to ascertain the identity of the real owner. In all such foreclosures or ground rent proceedings, if no appearance has been entered on behalf of the mortgagor or covenantor, the plaintiff shall comply with the provisions of paragraph (A) above before judgment may be entered, unless in the case of a mortgagor a release of the mortgagor's liability on the bond shall be filed.(F) In any case in which any real owner may be in the military service, no execution to sell real estate shall issue upon a judgment entered on a power of attorney contained in any written instrument originating prior to October 17, 1940, and secured by a mortgage unless the judgment upon which execution is to issue was entered against such real owner in accordance with these rules within a period of six months prior to such execution, or unless the plaintiff on petition shall obtain an order of Court for such execution. (G) No writ for possession shall issue upon any judgment for possession of premises occupied chiefly for dwelling purposes by a spouse, children, or other dependents of a person in military service, as defined by Section 300(1) of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, and in which the rent of the premises does not exceed the sum of $80 per month, unless a petition shall be filed with the Court after judgment is secured and leave granted thereon for the issuance of such writ. Such leave will be granted if the tenant's ability to pay the rent is not materially affected by reason of such military service. If so materially affected, the issuance of the writ will be stayed for a period of not longer than three months, or such order will be made upon a petition as to the Court appears to be just. Former Rule 105; originally Star Rule *921.