Bid for Position, LLC v. AOL, LLC et al

Filing 58

Bid for Position, LLC v. AOL, LLC et al AFFIDAVIT FOR SERVICE OF PROCESS ON THE

Doc. 58

CaseNo 207CV582

SECRETARY OF THE COMMONWEALTH
Commonwealth of Virginia VA. CODE §§ 8.01-301,-310,-329, 55-218.1, 57-51

United States District Court for the Eastern District of Virginia, Norfolk Division
BID FOR POSITION, LLC v. MIVA, INC., etai

TO THE PERSON PREPARING THIS AFFIDAVIT: You must comply with the appropriate require

Attachments:

Notice of Motion for Judgment and Motion for Juc p"

Subpoena in Chancery and Bill of Complaint
Garnishment Summons Summons and Complaint
I, the undersigned Affiant, state under oath that:
o

za

0 the above-named defendant

O (as shown on first page of the Complaint)

£

whose last known address is: Q same as above ^ 4220 Summerlin Commoas Blvd, Ste 500, Fort Myersp^ida^3907
' S is a non-resident of the Commonwealth of Virginia or a foreign corporation and § 8.01 -328.1 (A) :r ^o (Fj, (3) or (4) apply(-ies

(see NON-RESIDENCE GROUNDS REQUIREMENT on back).
REQUIREMENT on back) and that

2

-°

2. l~l is a Defendant upon whom the Plaintiff, after due diligence, has been unable to obtain service of process (sec DUE DILIGENCE

DATE

PLAINTIFF ^ PLAINTIFF'S ATTORNEY PLAINTIFF'S AGENT

Acknowledged, subscribed and swom to before me this day;-

DATE l

CLERK MAGISTRATE ^ NOTARY PUBLIC
My commission expires // - 30-0^]

NOTICE TO THE RECIPIENT from the Office of the Secretary of the Commonwealth of Virginia:

You are being served with this notice and attached pleadings under Section 8.01-329 of the Code of Virginia which designates the Secretary Commonwealth as statutory agent for Service of Process. The Secretary of the Commonwealth's ONLY responsibility is to mail the enclosed
to you. If you have any questions concerning these documents, you may wish to seek advice from a lawyer.

SERVICE OF PROCESS IS EFFECTIVE ON THE DATE THAT THE CERTIFICATE OF COMPLIANCE IS FILED WITH ABOVE-NAMED COURT.

CERTIFICATE OF COMPLIANCE
I, the undersigned, Clerk in the Office of the Secretary of the Commonwealth, hereby certify the following:

I. On
2.On

r tb U 0 /UUu
MAR 0 4 Ivvo

, legal service in the above-styled case was made upon the Secretary
, papers described in the Affidavit were forwarded by first class mail,

of the Commonwealth, as statutory agent for person to be served in accordance with Section 8.01-329 of the Code of Virginia, as amended

party designated to be served with process in the Affidavit.

SERVICE OF PROCESS CLERK. DESIGNATED BY THE AUTHORITY^ THE
SECRETARY OF THE COMMONWEALTH

Dockets.Justia.com

NON-RESIDENCE GROUNDS REQUIREMENT:
If box number 1 is checked, insert the appropriate subsection number: A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action arising from
the person's:

1.

Transacting any business in this Commonwealth;

2.
3.

Contracting to supply services or things in this Commonwealth;
Causing tortious injury by an act or omission in this Commonwealth;

·*

4.

Causing tortious injury in this Commonwealth by an act or omission outside this Commonwealth if he regularly does

or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this Commonwealth; 5. Causing injury in this Commonwealth to any person by breach of warranty expressly or impliedly made in the sale of
goods outside this Commonwealth when he might reasonably have expected such person to use, consume, or be

affected by the goods in this State, provided that he also regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this Commonwealth;
6. 7. 8(ii). Having an interest in, using, or possessing real property in this Commonwealth; Contracting to insure any person, property, or risk located within the Commonwealth at the time of contracting; or Having been ordered to pay spousal support or child support pursuant to an order entered by any court of competent

jurisdiction in this Commonwealth having inpersonam jurisdiction over such person.
DUE DILIGENCE REQUIREMENT:

If box number 2 is checked, the following provision applies:

When the person to be served is a resident, the signature of an attorney, party or agent of the person seeking service on
such affidavit shall constitute a certificate by him that process has been delivered to the sheriff or to a disinterested person as

permitted by § 8.01-293 for execution and, if the sheriff or disinterested person was unable to execute such service, that the person seeking service has made a bona fide attempt to determine the actual place of abode or location of the person to be served.

Form CC-1418 (w) (REVERSE) 7/98
608219