Lt J nn i Cop tf
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.07-365 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.
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. 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 summons 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 filed within 60 days after: June 10, 2008.
DEIYGZ su; O %
MiLLAéLJ /"{6uwt§.
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 ofthe 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 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 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 ng rg;
served within this time, a default judgement may be taken against that defendant. By waivingg? gg
service, a defendant is allowed more time to answer than if the summons had been actually ci ;;;?‘
served when the request for waiver of service was received. t`
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Case 1:07—cv—00365-JJF Document 33 Filed 07/09/2008 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT AND REIURN
’ _ ' p ‘ ` _ See Instructions for "Service of Process by the US. Marshal"
UHlt€d SlZ3lZ€S Marshals SCTVICC on the reverse of this form.
PLAINTIFF _ _ . • End!. COURT CASE NUMBER
I J 1
A[I!! •` !_ wt · I I|,th "l" . I I ’ P‘ J "1` 5'
DEFENDAN , ’ _ _ _ ~ TYPE OF PROCESS
\>I· O . A · u!•.I
NAME OF INDIVIDUAL, COMPANY, COR ORATION, ETC., TO SERVE OR DESCRIPTION OF PROPE YTO SEIZE OR CONDEMN
» . . · V ` '
ADDRESS (Street or RF Apartment N0., City State d ZIP Code)
< r . · ` ` I X I
AT D} k I • a s ·\K3L\\Y\t.Vl etfi- ‘ O
EEEWEEPEEEEEQOBLTQB'1?!E§T£lLt£§t’i**EA"£).62DB'§§§*2$ ;-| Number of process to be
l—— l served with this Form - 285 I
: Number of parties to be
I served in this case L"
lCheck for service
______________________________________ : on U.S,A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
élggephone Numbers, and Estimated Times Available For Service):
Fold
Signature of Attomey or other Originator requesting service on behalf of: KS3; PLAINTIFF TELEPHONE NUMBER DATE _
· ~ \` U ° ND '5l2j6il0‘6
I inn . tt V- . On * · · - te m €¥&¤vv.l}lDEFE ANT
SPACE ELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BEI.OW 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 first USM 285 if more I " .-— 5 e" Q __
than one USM 285 is submitted) No. LL No. 2 I'- ?
I hereby certify and return that I l;l have personally served, §T‘have legal evidence of service. Ki have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addres; s own above or on the individual, company. corporation. etc., shown ar the address inserted below.
lil l hereby certify and retum that l am unable to locate the individual, company, corporation. etc.. named above (See remarks below)
Name and title of individual served (if not shown above) A person of suitable age and dis-
lj cretinn then residing in the defendant`s
usual place of abode.
Address (complete only ifdifferent than shown above) Date of Service Time am
6 ' pm
Signatur o f U . i a al or Deputy
/
; ~ =
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U. . Marshal or A@unt ` und
(including endeavors) g_ q?
C".: 2.,:
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REMARKS. ` `D
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.:5 $.53
FORM USM-285 I I2/I5/80
PMOQEEEQEQNS 1. CLERK OF THE COURT (R"` I
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