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


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Date: August 29, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv—00380-SLR Document 12 Filed 08/29/2007 Page 1 of 2
lxt.5 nn 5
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 ofthe
complaint in the action, two copies of this fonn, a copy of the Order ofthe Court authorizing
service and a means by whichl can return the signed waiver without cost to me.
I agree to save the cost sr 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 surnrnons or in the service of the 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 tiled within 60 days after: August 2l, 2007.
Date: Ami usf X Y Zee')
Sig e 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 notiiied 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 i
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 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 plaintift] if unrepresented or on plaintiffs attomey, a response to the Complaint
and must als_o tile 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 summonshad been actually
served when the request for waiver of service was received.
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I Case 1:07-cv—00380-SLR Document 12 Filed 08/29/2007 Page 2 of 2
U S Department of Justice PROCESS RECEIPT M In RE I URN
' _ ' ` _ See Instructions for "Service of Process by the US. Marshal"
Untted States Marshals Service on me- reverse of this form.

PLAINTIFF _, COURT CASE NUMBER
` { 0
DEFENDANT TYPE OF P OCESS
A-- X t¢\ s _ e. ‘<> cz.
SERVE NAME OF INDIVIDUAL, COMPANYQ ORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
I .
» h§(§g;§_r,_ S-;-q\£ bg.-,
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT We --· _ -· . 5.Mr °I`7
§§E[2.‘“E’E‘!E2£EEE"l9EQ0£Y.T2 BEJEEETELE E/WE £@;’*ED.‘EEll£5l;0E;-| Number er process to be
I—— # I served with this Form - 285 I
x » - 3
° I ‘ ` Q {Number of parties to be
ps, ,,.., ` {served in this case
[je (Ag`, I Check for service
..________ II ____ ;___;_--i’j;I2 ____.. ---}¤¤ USA. ·
_ SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Arte-mate Addresses, All
éegephone Numbers, and Estimated Times Available For Service): FUI
I1
¤-»>Qe¢’ Cf~‘5L_
Signature of Attorney or other Originator requesting service on behalf of; _ TELEPHONE NUMBER DATE
_ F . et . T! PLAINTIFF _
__§i..A A _ |] DEFENDANT A—· 'I 7-L7 O
PACE BELOW FOR USE OF U.S. MARSHAL ONLY —DO NOT WRITE BELOW TI·lIS 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 ‘ / /l-A
(Sign only first USM 285 if more Q L
than one USM 285 is submitted) No. , No. ___ in
I hereby certify and return that I [I have personally served, have legal evidence ol` service, [I have executed as shown in "Remarks", the process described
on the individual. company, corporation, etc., at the addre s own above or on the individual, company, corporatiou, etc,, shown at the address inserted below
III 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 IIICIIVIGU I SETI/Cd (iii DOI SIIDWR 3bO\/B) A p3r5()r| gf 5u§[3b]g age and [H5-
I] eretion then residing in the defendants
1 M ‘ usual place of abode.
Addres (comp e only i different tlian shown above) ‘ Date of Service Time am
S 2. 07 ,...
Signature f . rshal or Deputy
I Service Fee · otal Miie e Charges Forwarding Fee I Total Charges Advance Deposits I Amount owed to U.S. Marsha or Amount ot'Ref nd
(including endeavors) ` ·
REMARKS; ( I
¤’¤¤°gE¤gg]¤gNS 1. CLERK or THE COURT mm “S*“·”5 me- '”"’“°*