Third-Party Summons-Form

B 250D (8/96) United States Bankruptcy Court _______________ District Of In re _______________________________________________, Debtor ) ) ) ) ) ) ) ) ) ) ) ) ) ________________ Case No. ___________________ Chapter ____________________ _______________________________________________, Plaintiff v. _______________________________________________, Defendant and Third-Party Plaintiff _______________________________________________, Third-Party Defendant Adv. Proc. No. ______________ THIRD-PARTY SUMMONS YO U A RE SUMMON ED and required to file a m otion or an swer to the third-p arty com plaint which is attac hed to this summ ons with the clerk of the bank ruptcy co urt w ithin 30 days after the date of issuan ce of this sum mo ns, ex cept that the Un ited States and its offices and agenc ies shall file a motion or answ er to the comp laint within 35 days. Address of Clerk At the same time, you must also serve a copy of the motion or answer upon the plaintiff's attorney. Nam e and Address of Plaintiff' s Attorney At the same time, you must also serve a copy of the motion or answer upon Defendant and Third-Party Plaintiff’s Attorney. Nam e and Address of Defendant and Third-Party Plaintiff’s Attorney If you make a motion, your time to answer is governed by Fed. R. Bankr. P. 7012. If you are also being served with a copy of the com plaint of the plaintiff you have the o ption of no t answ ering the plaintiff’s com plaint unless this is an admiralty or maritime action subject to the provisions of Fed. R. Civ. P. 9(h) and 14(c), in which case you are required to file a motion or an answer to both the plaintiff’s com plaint and the third-party com plaint, and to serve a co py of your mo tion or an swer u pon the app ropriate pa rties. IF YOU FAIL TO RESPOND TO THIS SUMM ONS, YOUR FAILURE W ILL BE DEEMED TO BE YO UR CON SENT TO ENTRY OF A JUDGM ENT BY THE BANK RUPTCY CO URT AND JUD GMEN T BY DEFAULT M AY BE TAKEN AGAINST YOU FOR THE R ELIEF DEMANDED IN THE TH IRD-PARTY COM PLAINT. _______________________________________________________ Clerk of the Bankruptcy Court ______________________________________ Date By:______________________________________________________ Deputy Clerk CERTIFICATE OF SERVICE I, _______________ _________ _________ _________ _, certify that I am, and at all times during the (name) service of p rocess was, not less than 18 y ears o f age and not a party to the m atter co ncerning w hich service of p rocess was made. I further certify that the service of this summons and a copy of the complaint was made _________________________ by: (date) Mail Serv ice: Re gular, first class U nited States m ail, postage fully p re-paid, ad dressed to: Perso nal Service: By leavin g the process w ith defend ant or with an officer o r agent of d efendan t at: Resid ence Service: B y leav ing th e pro cess w ith the follow ing adult at: Certified Mail Service on an Insured Depository Institution: By sending the process by certified mail addressed to the following office r of the defend ant at: Publication: The defendant was served as follows: [Describe briefly] State Law: The defendant was served pursuant to the laws of the State of ________________________, as follows: [Describe briefly] (name of state) Un der p enalty of p erjury , I declare tha t the forego ing is tru e and corre ct. _____________________________________ Date ____________________________________________________________________ Signature Print Name Busine ss Add ress City State Zip