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

Case 1 :07-cv—00380-SLR Document 14 Filed 08/30/2007 Page 1 of 2
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RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
C.A. No.07-380 in the United States District of Delaware. I have also received a copy ofthe
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.
l 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. I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue ofthe
Court, except for objections based on a defect in the surmnons or in the service of the summons.
l 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 21, 2007.
Date: B 19*;] le"?
A 2 jxé gum i image, ‘
Signature of Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 of the Federal Rules of Civil Procedure requires certain parties 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 of the 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 orthei service of summons, and may later obj ect to the jurisdiction ofthe
. Court or to the place to where the action has been brought. - A -
A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also file a signed copy ofthe response with the Court. lf the answer or a motion is not
served within this time, a default judgement may be taken against that defendant. By waiving
i service, a defendant is allowed more time to answer than if the summons had been actually
served when the request for waiver of service was received.
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Case 1:07-cv—00380-SLR Document 14 Filed 08/30/2007 Page 2 of 2
U S D f · PROCESS RECEIPT AND RETURN
. . epartment 0 J usttee . .. . ..
_ _ See Instrrrctions for Service of Process by the U.S. Marshal
UHIICCI SIZIIGS Marshals S€I`V1C€ on the reverse of this form.
PLAINTIFF K n COURT CASE NUMBER _ _
,;..+1 Q "·’ &(\ ' (
DEFENDANT e TYPE OF PROCESS
k
A \ 7 vii é I I J ‘ B L
NAM OF INDI IDU L, COMPANY, CORPORATION, ETC., 'IZSERV OR DESCRIPTION OF‘PRO RTY TO SEIZE OR CONDEMN
\ {_ `
· All ‘ · ‘ 1 ‘ ‘ `T
ADDRESS (Street r RFD, partment No., City; State nd ZIP Code)
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME A • ADDRESS BELOW:
———--————————- — ————————-----—- — ———-——- I Number of proeess to be
F ` ( _ I served with this Fonn - 285 l
Lees Ce. V/tu. $4, '-ISL! BBC1 ,
|Number of panics to be
·-· lserved in this ease
,\L\ M lCheck for service
__________ ____L ______________________ : 0n U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All .
geéephone Numbers, and Estimated Times Available Rnr Service): _
o Rnld
Signature 0 Attorney or other Origi i ator requesting service 0n behalf of: _. TELEPHONE NUMBER DAT 7
I I _ tz I I1 PLAINTIFF
. __ ” ’ A lj DEFENDANT —l Z
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USM S De uty or Clerk _. Date
number of process indicated. of Origin to Serve ` ` . ’
(Sign only tirst USM 285 if more 5 I M - P
than one USM 285 is submitted) N0. A No. _ Q _
y ‘
I hereby certify and return that I III have personally served, HI ave legal evidence of service, B have executed as shown in "Remarks”, the process described
on the individual, company, corporation, ete.,rat the address s wn above or on the individual, company. corporation, etc., shown at the address inserted below
I;] I hereby eertify and return that I am unable to locate the individual, company, corporation, ctc., named above (See remarks below)
Name and title of individual served (if not shown above) A pci-sm] gf suitable age and dis-
I] cretion then residing in the defendant’s
usual place of abode.
Address (completeonly if different thanshown above) @ f Service Time am
. _ I pm
Sigrtatur f . . Marshal or Deputy
Service Fe e Total Mileage Charges Forwartlin Fee Total Charges Advance Deposits Amount owed lo U.S. Mars h l or Amount of Refund
(including endeavors) ·
REMARKS: , _. l I I 7 l
I ci
IIIIIIII IIIIIIIOIIS 1 CLERK or THE count *`°"I“ I’SI“·”’ me I”"’““I
any BE USED '