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


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Date: August 30, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv—00380-SLR Document 13 Filed 08/30/2007 Page 1 of 2 .
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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.07-380 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 of the summons.
I 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 21, 2007.
Date: P if u 2
lgdnvius L' CAVWI/[
Signature o Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY cosr 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 ofa plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause be showu 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 A
D relating to the summons or the service of summons, and may later obj ect 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 attorney, 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 actually
served when the request for waiver of service was received.
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Case 1:07-cv—00380-SLR Document 13 Filed 08/30/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEH I M ln REI URN
' _ ' P ` _ See Instructions for "Service of Process by the US. Marshal"
UHl`l€d SIHICS Marshals SCYVICC on the reverse of this form.

PLAINTIFF _ COURT CASE NUMBER ‘ l
l-@\Q\ ' \C}2.¤__.
DE DANT __ -. TYPE OF PRO ESS
SERVE NAME OF DIVIDUAL, COMPANY, COR *ORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» C.·..rt·e\ » A » ec.
ADDRESS (Street or RFI), A anment No., City, State and IP Code)
2i§'2.l*E.’EQ?·2£ SPEIQEQOBLTQ Bl-1!.‘£E§.T.E'E.*"LT EIEME .&l`£?.;°*BDL*l§§*L'i'§';9LV; -i Number of process I0 be
Ié ` h lserved with this Form - 285 I
\ .
l-.O",\ Cr. Q'\€·€..--gf; SEI [ .
|Number of parties to be
\\ · Cl a- I served in this case
I &, lCheck for service
I I
___________________________________ ______I on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDIT ING SERVICE (Include Business and Altemate Addresses, All
Fliblcphone Numbers, and Estimated Times Available Har Service): FGM
tl
Signat re of ttorney or ther Originator request ert;ice on behalf of: E6-'MNTIFF TELEPHONE NUMBER DATE
stnsdas l' - - .4. I U DEFE DANT & W I
mr
S ‘· E 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 USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve ____ _
(Sign only tirst USM 285 if more { i v
than one USM 285 is submitted) No. No, ,__ _
I hereby certify and return that I lj have personally served, E have legal evidence of service, lj have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addte s shown above or on the individual, company, corporation, etc., shown at the address inserted below.
El 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 indi idual served (if not hown above) person 0 sutiable ag and dig-
lj cretion then residing in the defendant’s
usual place of abode.
Address ( complete only if different than shown above) Date of Service Time am
. . ·- 4*
f? . ` A pm
I Signature • Marshal or Deputy
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Servicc Fee Total Mileage Charges Forwarding Fec Total Charges Advance Deposits Amount owed to U,S. Ma shal or Amount of Refund
(including endeavors)
REMARKS:
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