Free Summons on Third-Party Complaint - West Virginia

AO 441 (Rev. 0109) Summons on an Amended Third-Party Complaint

UNITED STATES DISTRICT COURT
for the

__________ District of __________

Plaintiff

v.
Defendant, Third-party plaintiff

v.
Third-party defendant

) ) ) ) ) ) )

Civil Action No.

SUMMONS ON AN AMENDED THIRD-PARTY COMPLAINT To: (Third-party defendant's name and address)

A lawsuit has been filed against defendant , who as third-party plaintiff is making this claim against you to pay part or all of what the defendant may owe to the plaintiff . Within 20 days after service of this summons on you (not counting the day you received it) -- or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(3) -- you must serve on the plaintiff and on the defendant an answer to the attached amended third-party complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the defendant or defendant's attorney, whose name and address are:

It must also be served on the plaintiff or plaintiff's attorney, whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the amended third-party complaint. You also must file the answer or motion with the court and serve it on any other parties. A copy of the plaintiff's complaint is also attached. You may ­ but are not required to ­ respond to it. Date: CLERK OF COURT

Signature of Clerk or Deputy Clerk

AO 441 (Rev. 01/09) Summons on an Amended Third-Party Complaint (Page 2)

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 45.) This summons for (name of individual and title, if any) was received by me on (date) .

' I personally served the summons on the individual at (place) on (date) ' I left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or , who is on (date) ' I returned the summons unexecuted because ' Other (specify): . My fees are $ for travel and $ for services, for a total of $
0.00

; or

' I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization) ; or

; or

.

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

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