Clark, et al v. Bank Of America, N.A., et al

Filing 71

MOTION for Leave to File Notice of Lawsuit by Ray M. Clark. (Attachments: # 1 Proposed Order, # 2 Proposed Waiver of Summons, # 3 Proposed Waiver of Summons). Motions referred to Judge Henry J. Bemporad. (rf)

WAIVER OF SERVICE OF SUMMONS

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

RAY M. CLARK AND ZENAIDA CLARK,
PRO SE PLAINTIFFS,

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VS.

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BANK OF AMERICA, N.A., (BOA)
BANK OF AMERICA HOME LOANS,
COUNTRYWIDE HOME LOANS, AND
THEIR DESIGNATED EMPLOYEES
AND AGENTS IDENTIFIED AS:
4. EDWINA HITCHIN, ASSISTANT V. P.
BARRETT DAFFIN FRAPPIER TURNER and ENGEL LLP AS
DEBT COLLECTORS AND ATTORNEYS FOR BANK OF
AMERICA AND THEIR EMPLOYEES IDENTIFIED AS:
31. PAIGE BRYANT, EMPLOYEE ATTORNEY,
32. ELIZABETH MCDONALD, EMPLOYEE ATTORNEY
33. ASHLEY M. JUDD, EMPLOYEE ATTORNEY,
34. KIMBERLY BUTEAUD, EMPLOYEE ATTORNEY,
35. CLARK ROYLE, EMPLOYEE ATTORNEY,
36. TOM MISTELI, EMPLOYEE ATTORNEY,
37. RYAN BOURGEOIS, EMPLOYEE ATTORNEY,
38. ANTHONY VINCENT, EMPLOYEE ATTORNEY,
39. KIMBERLY HEMEN WAY, EMPLOYEE ATTORNEY
40. GREGORY SHANNON, EMPLOYEE ATTORNEY,
FIDELITY NATIONAL FINANCIAL, INC.
ALAMO TITLE COMPANY,
ALAMO TITLE INSURANCE COMPANY, AND
THEIR EMPLOYEES IDENTIFIED AS:
10. KATIE MCBREARTY, ESCROW ADMIN
11. EDDIE HALL, PRESIDENT
12. MICHAEL RICH, V.P. REGULATORY COUNSEL

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JOHN DOES AND JANE DOES DEFENDANTS, ET AL

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SA- 1 3-CA-28 1FB (HJB)

To:

Ray M. Clark
Plaintiff Pro Se
29461 No Le Hace Drive
Fair Oaks Ranch, TX 78015

have received your request to waive service of a summons in this action
along with a copy of the complaint, two copies of this waiver form, and a prepaid
means of returning one signed copy of the form to you.
I

or the entity I represent, agree to save the expense of serving a summons
and complaint in this case.
I,

understand that I, or the entity I represent, will keep all defenses or
objections to the lawsuit, the court's jurisdiction, and venue of the action, but that I
waive any objections to the absence of a summons or of service.
I

also understand that I, or the entity I represent, must file and serve an
answer or a motion under Rule 12 within 60 days from November 14th, 2013. If I
fail to do so, a default judgment will be entered against me and/or the entity I
I

represent.
Date:

Signed:
EDWINA HITCHIN, ASSISTANT VICE PRESIDENT
FORECLOSURE SPECIALIST, BANK OF AMERICA,
Doc. Executition PGH Team B.
Mail Code: PA9-150-01-93
Pittsburg, PA 152 12-5335

ATTACHMENT 1.
Duty to Avoid Unnecessary Expenses of Serving a Summons:
Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in
saving unnecessary expenses of serving a summons and complaint. A defendant who is
located in the United States and who fails to return a signed waiver of service requested
by a plaintiff located in the United States will be required to pay the expenses of service,
unless the defendant shows good cause for the failure.

"Good cause" does not include a belief that the lawsuit is groundless, or that it has been
brought in an improper venue, or that the court has no jurisdiction over this matter or
over the defendant or the defendant's property.

If the waiver is signed and returned, you can still make these and all other defenses and
objections, but you cannot object to the absence of a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve
an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By
signing and returning the waiver form, you are allowed more time to respond than if a
summons had been served.

ATTACHMENT 2.

PLAINTIFFS' SEVENTH AMENDED PETITION

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iC

ATTACHMENT 3.
CD OF COURT EXHIBITS FILED BY BANK OF AMERICA

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