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

Case 1 :07-cv—00269-SLR Document 9 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.07-269 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 of the Order of the Court authorizing
i 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 of the
p 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 aresponse is not served andlfiled within 60 days after: Augggst 21, 2007.
Date: Lf; {3
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Signature of Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS I
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 orthe 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"
fonn 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—00269-SLR Document 9 Filed 08/30/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT M JD RETURN
' _ ' P ‘ L _ See Instructions for "Service of Process by the U.S. Marshal"
UHII€d SIZEIIZCS IVIBTSIIRIS S€I`VIC€ on the reverse of this form.
PLAINTIFF COURT CASE NUMBER
\‘Il‘ n rr n I I L! • — •’ I
DEFENDANT TYPE OF PROCESS
Stan Ta lor. et al. C/S
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF'PROPERTY TO SEIZE OR CONDEMN
» ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
A]· 1181 Paddock Road - Smyrna, DE 19977
E5El?Ll`@E®2E @@55 QOBLT2 EEQEEETELE EPEIE AAPEEDBIEILIEQEL -I Numb.? gf prom, II, bg
I-i I served with this Form - 285
Mr. Kenneth Smith I . °
Delaware Correctional Center |NmW{“Pmw“°M
1181 Paddock Road l“"w'"ms““ 6
I Smyrna, DE 19977 I _
Check for service
______________________________________ { on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All-
ggephone Numbers, and Estimated Times Available Ihr Serviee): Fm
Monday thru Friday (8:00 a.m. - 4:00 p.m.)
Signature of Attorney or other Origi ator requesting service orjjhalf of: @éAINTIFF TELEPHONE NUMBER DATE V
, · gig _'__ _,.li____ __ .____[J " j_. CI DEFENDANT O'] {2; {QZ
STACEZBELOWVEIHRIHHE(HTUILREKRSHAL|DNEY-—IN)DKTT\NHHTIZBEIINNTHIESLHWE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk A Date
number of process indicated. ofOrigin to Serve I _ ’
(Sign only first USM 285 if more i " e ZF P,
than one USM 285 is submitted) No. é No. é _
I hereby certify and re_tum 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 s own above or on the individual, company, corporation, etc., shown at the address inserted below.
lj I hereby certify and retum 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 person of suitable age and dis.
E cretion then residing in the defendant's
usual place of abode.
Address (complete only ifdifferenr than shown above) Date of Service Time am
pm
Signature .S st. _ al or Deputy _
Service Fee Total Mileage Charges Forwarding Fee Total C arges Advance Deposits Amount owed to U.S. Mars al or Amount o Refun d
(including endeavors)
REMARKS:
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PRIOR EDITIONS 1 FORM USM-285 (Ren I2./15/80)
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