037-01.pdf

Case 9:09-cv-80469-KAM Document 37-1 Entered on FLSD Docket 06/12/2009 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA --------------------------------------------------X JANE DOE II, Plaintiff(s), -against- JEFFREY EPSTEIN, ET ANO., Defendant( s ). ------"-------------------------------------------------X ST A TE OF NEW YORK ) s.s: COUNTY OF NEW YORK ) CASE NO. 09-08469-CIV AFFIDAVIT OF SERVICE JOSEPH SANCHEZ, being duly sworn, deposes and says that he is an employee of KEATING & WALKER ATTORNEY SERVICE, INC., is over the age of eighteen years and is not a party to the action. That on the 14th day of April, 2009, at approximately 8:43 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York l 0065. I asked the Doonnan to call the apartment of Sarah Kellen a/Ida Sarah Bonk, via the lobby phone. The Doorman claimed that Sarah Kellen a/Ida Sarah Bonk is out of town. That on the 20th day of April, 2009, at approximately 7:45 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon Sarah Kellen a/Ida Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doorman to call the apartment of Sarah Kellen via the lobby phone, but the Doorman claimed that Sarah Kellen is not home. That on the 21st day of April, 2009, at approximately 9:20 p.m., deponent attempted to serve a true copy of the Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doomrnn to call the apariment of Sarah Kellen a/k/a Sarah Bonk, via the lobby phone, but the Doonnan claimed that Sarah Kellen is out of town. That on the 24th day of April, 2009, at approximately 8:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doomrnn to call the aparhnent of Sarah Kellen via the lobby phone but the Doomrnn claimed that Sarah Kellen is out of town. (1) I PLAINTIFF'S EXHIBIT i Case 9:09-cv-80469-KAM Document 37-1 Entered on FLSD Docket 06/12/2009 Page 2 of 3 That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent attempted to serve a true copy of The Summons in a Civil Action and Complaint upon Sarah Kellen a/k/a Sarah Bonk at 301 East 66th Street, Apartment 14-G-E, New York, New York 10065. I asked the Doom1an to call the apartment of Sarah Kellen a/Ida Sarah Bonk, via the lobby phone. The Doonnan claimed that Sarah Kellen a/k/a Sarah Bonk is not home. I was unable to affix the aforementioned papers on the apmiment door of the defendant because the Doonnan would not allow me access to the building. That on the 25th day of April, 2009, at approximately 10:30 a.m., deponent served a true copy of the Summons in a Civil Action and Complaint upon Sarah Kellen a/Ida Sarah Bonk at 301 East 66th Str·eet, Apmiment 14-G-E, New York, New York 10065 by personally delivering and leaving the same with Hector "Doe", Doonnan, who is a person of suitable age and discretion, at that address, the actrral place of residence of the defendant. Hector "Doe" is an olive-skinned Hispanic male, approximately 50 years of age, is approximately 5 feet and 8 inches tall, weighs approximately 130 pounds, with silver hair and dark eyes. That on the 29th day of April, 2009, in accordance with the New York State Civil Practice Law and Rules, Section 308(4), and the Federal Rules of Civil Procedure, Rule 4(e)(l), copies of which are annexed, deponent served another copy of the foregoing upon the defendant by enclosing a hue copy thereof in a securely sealed and postpaid wrapper with the words "PERSONAL and CONFIDENTIAL" written on the same, and not indicating on the outside that it is from an attorney, or concerns a legal matter, and depositing the same into an official depository maintained by the Government of the United States, City and State of New York, addressed as follows: Sarah Kellen a/k/a Sarah Bonk 301 East 66th Street, Apartment 14-G-E New York, New York 10065 Sworn to before me this 29th day of April, 2009 NOTA OFN WYORK Reg.N rk County Commission expires Fe~..,,,_,_., 010 (2) PH SANCHEZ #1155200 Case 9:09-cv-80469-KAM Document 37-1 Entered on FLSD Docket 06/12/2009 Page 3 of 3 Rule 4 RULES OF CIVIL PROCEDURE (1) A summons shall be served together with a copy of the complaint. The plaintiff is responsible for service of a summons and complaint within the time allowed under subdivision (m) and shall furnish the person effecting service with the necessary cop- ies of the summons and complaint. (2) Service may be effected by any person who is not a party and who is at least 18 years of age. At the request of the plaintiff, however, the court may direct that service be effected by a United States marshal, deputy United States marshal, or other person or officer specially appointed by the court for that purpose. Such an appointment must be made when the plaintiff is authorized to proceed in forma pauperis pmsuant to 28 U.S.C. § 1915 or is authorized to proceed as a seaman under 28 U.S.C. § 1916. (d) Waiver of Service; Duty to Save Costs of Service; Request to Waive. (1) A defendant who waives service of a sum- mons does not thereby waive any objection to the •• venue or to the jurisdiction of the court over the ~ person of the defendant. :;. ~ (2) An individual, corporation, or association that ; is subject to service under subdivision (e), (f), or (h) and that receives notice of an action in the manner provided in this paragraph has a duty to avoid unnecessary costs of serving the summons. To avoid costs, the plaintiff may notify such a defen- dant of the commencement of the action and re- quest that the defendant waive service of a sum- mons. The notice and request (A) shall be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent (or other agent authorized by appointment or law to receive service of process) of a defendant subject to service under subdivision 01); (B) shall be dispatched through first-class mail or other reliable me,i.ns; (C) shall be accompanied by a copy of the complaint and shall identify the comi; in which it has been filed; (D) shall infmm the defendant, by means of a text prescribed in an official form promulgated pmsuant to Rule 84, of the consequences of com- pliance and of a failm·e to comply with the re- quest; (E) shall set forth the date on which the re- quest is sent; (F) shall allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the