Fill and Sign the In Re Cumberland Enterprises Inc 22 Br 626casetext Form

Address of Clerk Nam e and Address of Plaintiff' s Attorney Nam e and Address of Defendant and Third-Party Plaintiff’s Attorney B 250D (8/96)United States Bankruptcy Court_______________ District Of ________________ In re _______________________________________________, ) Debtor )Case No. ___________________ ) ) Chapter ____________________ _______________________________________________, ) Plain tiff )) v. ) _______________________________________________, )Adv. Proc. No. ______________ De fenda nt and Th ird-P arty Pla intiff ) ) _______________________________________________, ) Third-Party Defendant ) THIRD-PARTY SUMMONS YO U A RE SU M M ON ED and requ ired to file a m otion or an swe r to the third-p arty c om plain t wh ich is attac hed to this su mm ons with the cle rk o f the b ank rup tcy co urt w ithin 3 0 da ys afte r the d ate of issuan ce of this sum mo ns, ex cep t that the Un ited Sta tes and its offices and agenc ies shall file a motion or answ er to the co mp laint within 35 days. At the same time, you must also serve a copy of the motion or answer upon the 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. 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 plain t of the plain tiff you hav e the o ption of no t answ ering the p laintiff’s c om plain t 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-pa rty com plaint, and to serve a co py o f you r 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 ______________________________________ By:______________________________________________________ Date Deputy Clerk CERTIFICATE OF SERVICE I, _______________ _________ _________ _________ _, certify that I am, and at all times during the (name) servic e of p roce ss wa s, not les s than 18 y ears o f age and not a party to the m atter co nce rnin g w hich servic e of p roce ss wa s m ade . I further certify that the service of this summons and a copy of the complaint was made _________________________ by: (date) M ail Serv ice: Re gula r, first class U nited States m ail, pos tage f ully p re-p aid, ad dress ed to : Perso nal S ervic e: By leavin g the pro cess w ith de fend ant o r with an o fficer o r age nt of d efen dan t at: Resid enc e Ser vice: B y leav ing th e pro cess w ith the f ollow ing a dult a t: Certified Mail Service on an Insured Depository Institution: By sending the process by certified mail addressed to the following office r of th e def end 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 ena lty of p erjury , I dec lare tha t the fo rego ing is tru e and corre ct. _____________________________________ ____________________________________________________________________ Date Signature Print Name Busine ss Add ress City State Zip