Free Waiver of Service Executed - District Court of Delaware - Delaware

Case 1 :07-cv—00380-SLR Document 22 Filed 09/12/2007 P 1 of `
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RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.0'7—380 in the United States District of Delaware. I have also received a copy of the
complaint in the action, two copies of this form, a copy ofthe Order of the Court authorizing
service and a means by which I can return the signed waiver without cost to me. ·
I agree to save the cost of service of a summons and an additional copy of the complaint
in this lawsuit by not requiring that I be served with judicial process in the manner provided by
Rule 4. l will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the
Court, except for objections based on a defect in the summons or in the service ofthe summons.
I understand that a judgement may be entered against the party on whose behalf I `am
acting if a response is not served and filed within 60 days after: August 2l. 2007. P
Date: J! Q 7
M i 502-fbZw% Gu/`/73
. Signa re of Defendant Printed or Typed Name ’ -
DUTY TO AVOID UNNECESSARY COST OF SERVICEOF SUMMONS
Rule 4 of the Federal Rules of Civil Procedure requires certainparties to cooperate in saving
unnecessary cost of service of the summons and the complaint. A defendant located in the
United States, who, after being notified of an action and asked to waive service of summons
on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause be shown for that defendant's failure to sign and return the
waiver.
It is not good cause for a failure to waive service that a party believes that the complaint is
unfounded, or that the action has been brought in an improper place or in a court that lacks
jurisdiction over the subject matter ofthe action or over defendant's person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to the summons or the service of summons, and may later object to the jurisdiction of the
Court or to the place to where the action has been brought.
A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff if unrepresented or on plaintiffs attomey, a response to the Complaint
and must also file a signed copy of the response with the Court. If the answer or a motion is not
served within this time, a default judgement may be taken against that defendant. By waiving
service, a defendant is allowed more time to answer than if the summons had been actual§
served when the request for waiver of service was received. ;
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Case 1 :07-cv—OO380-SLR Document 22 Filed O9/12/2007 Page 2 of 2 A
U S D f J · PROCESS RECEIPT AND RETURN
. . epartment 0 usttce . .. . ,,
_ _ See Instructions for Service of Process by the U.S. Marshal
United States Marshals Service on the mma of me ram].
PLAINTIFF COURT CASE NUMBER n
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DEFENDANT - TYPE OF PITCESS
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NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
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· I ` ’· A`A`*· i ‘ -I "- l \ · tl, ; »3__ 1,3* "
ADDRESS (Street or RFD, Apart nt No., City State and ZIP Code)
AT . - - `- U ("'\ Kr
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW:
-—-——--— -·- -———-———-——--——--——-———--—— ——| Number of process to be E
T ` _ I served with this Form - 285
‘ ¤I¤¢I I E I i Y
4 I um er o panics to e ·
QA •·· I served in this case
5v··~.`\¢'¢\¢.g RL "I lcneck rm sa-vice
______________ I _____________________ _ ___: on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gggephone Numbers, and Estimated Times Available For Service):
Fold
Signature of Attorne or oth iginator requ sting service on behalfof: E4iAINTlFF TELEPHONE NUMBER DATE
__·r l __ I __ A [I DEFENDANT k Z Z
SPACE BELOW FOR USE OF U.S. MARSI-IAL ONLY — DO NOT WRITE BELOW TI-HS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated, of Origin to Serve I A, . .
(Sign only Hrst USM 285 if more _ _,. ,07
than one USM 285 is submitted) No. _ No. _} _-I- ;
I hereby certify and return that I [I have personally served, have legal evidence of service, I] have executed as shown in "Remarks", the process described
on the individual, company, corporation. etc., at the addre .hovvn above or on the individual, company. coiporation, etc., shown at the address inserted below.
ij I hereby certify and return that I am unable to locate the individual, company, corporation, etc,, named above (See remarks below)
Name and title of individual erved (if nor shown above) A person Of Suimbk age and dis-
El cretion then residing in the defendants
usual plaee of abode.
Address (complete only if different than shown above) Dat of Service Time am
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P = 6 Y Pm
` _ _ Sigma? of§?.S. Marshal or Deputy I
Service Fee ‘ Total Mileage Charges Forwarding Fee Total Charges Advance Deposits U Amount owed to U.S. Marshal or Amount of Refun
(including cndea vers)
REMARKS: U an

PRIOR EDITIONS 1 T FORM USM-285 (Rev. l2fl5/80)
my BE USED . CLERK OF HE COURT