1.
Any party in interest who wishes to be heard with respect to any of the
relief requested in the verified complaint served with this order to show cause shall file
with the Surrogate of ______________ County and serve upon the attorney for the plaintiff
at the address set forth above, a written answer, an answering affidavit, a motion
returnable on the date this matter is scheduled to be heard, or other response to this order
to show cause and to the relief requested in the verified complaint by ________________,
20___. Filing shall be made with the Surrogate of __________ County at [insert address of
Surrogate in the County where action is being brought]. Such responding party in interest shall
also file with such Surrogate by the foregoing date a proof of service upon the plaintiff. [A
copy of such response shall also be filed directly with the chambers of Judge
_______________ at the following address: _________________________________________.]
2.
Any party in interest who fails to timely file and serve a response in
the manner provided in paragraph 1 of this order to show cause shall be deemed in default,
the matter may proceed to judgment without any further notice to or participation by such
defaulting party in interest, and the judgment shall be binding upon such defaulting party
in interest.
3.
Parties in interest are hereby advised that a telephone call to the
plaintiff, to the plaintiff’s attorney, to the Surrogate, or to the Court will not protect your
rights; you must file and serve your answer, answering affidavit, motion or other response
with the filing fee required by statute. The check or money order for the filing fee shall be
made payable to the Surrogate of the County where this matter is being heard. If you
cannot afford an attorney, you may call the Legal Services office in the county in which you
live. A list of these offices is provided. If you do not have an attorney or are not eligible for
free legal assistance through the Legal Services office (or such office does not provide
services for this particular type of proceeding), you may obtain a referral to an attorney by
calling one of the Lawyer Referral Services. A list of these office numbers is also provided.
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