COURT COUNTY OF ...................................................... : : : Plaintiff(s) : : : : : Defendant(s) : ...................................................... STATE OF NEW YORK COUNTY OF ) ) ) Index No. AFFIDAVIT OF SERVICE (for Service of Papers Commencing an Action upon a Natural Person - CPLR § 308) -against- ss.: The undersigned, being duly sworn, deposes and says; 1. I am not a party to the within action; 2. I am over eighteen (18) years of age; 3. I reside at 4. That on (insert date and time of service) I served the within (summons and complaint/third-party summons and complaint/summons with notice/petition/notice of petition/order to show cause *) (hereinafter referred to as the ''papers'') on the defendant (insert name of defendant) (here in after referred to as the "defendant") at (insert address where served or if no address, place of service) by: (NOTE: YOU MUST COMPLETE SECTION DESCRIBING PHYSICAL CHARACTERISTICS OF PERSON SERVED (BELOW) IF SERVICE OTHER THAN BY AFFIXING OR MAILING) (a) (b) delivering a true copy of the papers to the defendant personally within the state at the said address. I knew the person so served to be the person described in the papers as the defendant. personally delivering a true copy of the papers to a person of suitable age and discretion at the defendant's (actual place of business/ dwelling place/usual place of abode) located within the state at the said address and (must be used with (f) or (g), below); (c) personally delivering a true copy of the papers to the defendant's designated agent for service, within the state at the said address. affixing a true copy of the papers to the door of the defendant's (actual place of business/ located within the state at the said address dwelling place/usual place of abode) as I was unable with due diligence to personally serve the defendant or serve a person of suitable age and discretion at the said place, having attempted service there (indicate the methods of attempted service and specify the dates, addresses and times of attempted service) (d) and (must be used with (f) or (g), below); 2003 © American LegalNet, Inc. www.USCourtForms.com (e) delivering a true copy of the papers at the said address as directed by the court which was by (f) (for use with (b) or (d) only) within 20 days of such (delivery/affixing) said papers to the defendant at his/her last known residence at I mailed a copy of the by depositing the same in a sealed, postpaid envelope properly addressed to the defendant at the said address, in a post office or official depository under the exclusive care and custody of the United States Postal Service within the State of New York. (g) (for use with (b) or (d) only) within 20 days of such (delivery/affixing) said papers to the defendant at his/her actual place of business at I mailed a copy of the by depositing the same in a sealed, first-class, postpaid, envelope properly addressed to the defendant at the said address, in a post office or official depository under the exclusive care and custody of the United States Postal Service within the State of New York. The said envelope bore the legend ''Personal and Confidential'' and did not indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or concerns an action against the defendant. 5. At the time of the said service, I asked the (defendant/person served) if the defendant was in active military service of this state, any other state, or this nation, and he/she responded in the negative. (Indicate any other bases for your determination that the defendant was not in active military service, ex. Defendant wore civilian clothes and did not wear a military uniform) Based upon the foregoing, I aver upon information and belief that the defendant is not in the military service of New York State or the United States as that term is defined in either the New York statutes or in the Federal statutes, including the Act of Congress known as the ''Soldiers' and Sailors' Civil Relief Act of 1940'' and the New York ''Soldiers' and Sailors' Civil Relief Act.'' Physical Description of Person Served: Gender: Male/Female Skin color: Hair color/Bald/Balding: Facial Hair, if any: Approximate age: Approximate height: Approximate weight: Other identifying features, if any (ex. eyeglasses, scars, etc.): (Sign above and type or print name below) License No. Sworn to before me on this day of , 20 Notary 2003 © American LegalNet, Inc. www.USCourtForms.com