BabyAge..com, Inc. v. Leachco, Inc.

Filing 10

THIRD Party Summons Issued as to John M. Kiefer, Jr. - forwarded to Atty Sean Kemether for service. (rm, )

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OAO 441 (Rev. 8/01) Third Party Summons in a Civil Action UNITED STATES DISTRICT COURT MIDD LE PLAINTIFF BABYAGE.COM, INC. V. DEFENDANT AND THIRD PARTY PLAINTIFF LEACHCO, INC. JAMIE S. LEACH District of PENNS YLVA NIA T H I R D PARTY SUMMONS IN A C I VI L ACTION Case Number: 3:07-CV-1600 V. THIRD PARTY DEFENDANT JOHN M. KIEFER, JR. To: Name and address of Third Party Defendant (SEE COMPLAINT) Y O U ARE HEREBY SUMMONED and required to serve on PLAINTIFF'S ATTORNEY (name and address) DEFENDANT AND THIRD-PARTY PLAINTIFF'S ATTORNEY (name and address) GARY S. PETERSON 211 N. ROBINSON AVENUE SUITE 450 SOUTH OKLAHOMA CITY, OK 73102 SEAN V. KEMETHER KELLY, GRIMES, PIETRANGELO & VAKIL, P.C. 36 EAST SECOND STREET P.O.BOX 1048 MEDIA, PA 19063-1048 MITCHELL A. SMOLOW DR. MITHCELL A. SMOLOW, LL.M. 720 HAMPTON ROAD SHAVERTOWN, PA 18708 an answer to the third-party complaint which is served on you with this summons, within twenty (20) days after the service of this summons on you, exclusive of the day of service. If you fail to do so, judgment by default may be taken against you for the relief demanded in the third-party complaint. There is also served on you with this summons a copy of the complaint of the plaintiff. You have the option of answering or not answering the plaintiff's complaint, unless (1) this is a case within Rule 9(h) Federal Rules of Civil Procedure, and (2) the third-party plaintiff is demanding judgment a gainst you in favor of the original plaintiff under the circumstances described in Rule 14(c) Federal Rules of Civil Procedure, in which situation you are required to make your defenses, if any, to the claim of plaintiff as well as to the claim of the third-party plaintiff. Any answer that you serve on the parties to this action must be filed with the Clerk of this Court within a reasonable period of time after service. MARY E. D'ANDREA CLERK (By) DEPUTY CLERK DATE NOVEMBER 15, 2007 OAO 441 (Rev. 8/01) Third Party Summons in a Civil Action RETURN OF SERVICE Service of the Summons and complaint was made by me( 1 ) NAME OF SERVER DATE TITLE Check one box below to indicate appropriate method of service G S e r v ed personally upon the third-party defendant. Place where served: G L e f t copies thereof at the third-party defendant's dwelling house or usual place of abode with a person of suitable age and d i s c re t i o n then residing therein. Name of person with whom the summons and complaint were left: G R e t u r n e d unexecuted: G Other (specify): S T A T E M E N T OF SERVICE FEES TRAVEL SERVICES TOTAL D E C L A R A T I O N OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct. Executed on Date Signature of Server Address of Server (1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.