COURT IAS-AP SUM 3RD PTY [04/14/00] COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. UNITED STATES BANKRUPTCY COURT Southern District of Iowa : Calendar No. : Bankruptcy Case No. JUDICIAL SUBPOENA In re Plaintiff(s) -against- Debtor : : Adversary Proceeding No. : Plaintiff Defendant(s) v. : ...................................................... Defendant THE PEOPLE OF THE STATE OF NEW YORK TO Third-Party Defendant THIRD PARTY SUMMONS IN AN ADVERSARY PROCEEDING GREETINGS: YOU ARE SUMMONED andYOU, that submit a motion or answer to being laid aside, you and eachthis you attend before WE COMMAND required to all business and excuses the complaint which is attached to of summons to the Clerk of the Bankruptcy Court within 30 days from the date of issuance of this summons, except that the United States and its offices , the Honorable submit a motion or answer to the complaint within 35 days of Court at the and agencies shall issuance. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidenceStateswitness in this action on the part of the Address of Clerk Clerk, United as a Bankruptcy Court P.O. Box 9264 Des Moines, IA 50306 At the same time, you mustcomply with this subpoena is punishable as aplaintiff's attorney. Your failure to also serve a copy of the motion or answer upon the contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Name and Address of Plaintiff's Attorney result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 At the same time, you must also serve a copy of the motion or answer upon the defendant and third-party plaintiff's attorney. Name and Address of Attorney (Attorney must sign above and type name below) Attorney(s) for If you make a motion, your time to answer is governed by Federal Rule of Bankruptcy Procedure 7012. If you are also being served with a copy of the complaint of the plaintiff, you have the option of not answering the plaintiff's complaint unless this is an admiralty or maritime case subject to the provisions of Federal Rules of Civil Procedure 9(h) and 14(c), in which case you are required to submit a motion or an answer to both the plaintiff's complaint and the third-party complaint, and to serve a copy of your motion or answer upon the appropriate parties. Office and P.O. Address IF YOU FAIL TO RESPOND TO THIS SUMMONS, YOUR FAILURE WILL BE DEEMED TO BE YOUR CONSENT TO ENTRY OF A JUDGMENT BY THE BANKRUPTCY COURT AND JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE RELIEF DEMANDED IN THE COMPLAINT. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Mary M. Weibel, Clerk Dated: By: , Deputy Clerk American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .IASB-AP. SUM 3RD PTY(Page 2) [04/14/00] .... .. .. : : PROOF OF SERVICE : Plaintiff(s) Index No. Calendar No. JUDICIAL SUBPOENA I, , certify that I am, and at all times during the service of process was, not -against: less than 18 years of age and not a party to the matter concerning which service of process was made. : I further certify that the service of this summons and a copy of the complaint was made by: [date] : [ ] Mail Service - Regular, first class United States mail, postage fully pre-paid, addressed to: Defendant(s) : ...................................................... [ ] Personal Service - By leaving the documents with THE PEOPLE OF THE STATE OF NEW YORK the following defendants(s) or an officer or agent of the defendant(s) at: TO GREETINGS: [ ] Residence Service - By leaving the documents with the following adult at: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed [ ] Publication - The defendant was served as follows: [describe briefly] or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose- behalf this subpoena was issued the laws of the State of [ ] State Law The defendant was served pursuant to for a maximum penalty of $50 and all damages sustained as a , as result of your failure to comply. follows: [describe briefly] Witness, Honorable Court in County, , one of the Justices of the day of , 20 Under penalty of perjury, I declare that the foregoing is true and correct. (Attorney must sign above and type name below) [Date] [Signature] Attorney(s) for Print Name Office and P.O. Address Business Address City State Telephone No.: ZIP Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com