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

Case 1 :07-cv—00269-SLR Document 8 Filed 08/29/2007 Page 1 of 2
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Corporate/Entity Defendant
RETURN OF WAIVER OF SERVICE OF SUMMONS Wk)
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.0'7—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
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 the entity on whose behalf I am acting be served with judicial
process in the manner provided by Rule 4.
The entity on whose behalf I am acting 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 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: —& j -—© F7
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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 or the service of summons, and may later object to the jurisdiction ofthe -
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 wh e request for waiver of service was received.
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Case 1 :07-cv—00269-SLR Document 8 Filed 08/29/2007 Page 2 of 2
U.S Department of Justice PROCESS RECEIPT Al JD REIURN
_ ' ` _ See Instructions for "Servrce of Process by the [LS. Marshal"
UH1t€d SIZHIZCS Marshals S€1`VIC€ on the reverse of this form.
PLAINTIFF COURT CASE NUMBER
iran- n u s . Civ. 0. 07-269- r_
DEFENDANT TYPE OF PROCESS
Stan Taylor, 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)
AT 6861 N. Oracle Road '
Tuc on Ar Z 7I
§PE'L’*PIl(2€2LSi?B}’19EQO£‘LT9 B@EE§TE*S.·“EH&l“E AYELJARDBIEEEIEQEL -| Nambe, Or prgggsg r., bg
|—— I served with this Fortn — 285
Kenneth Smith I . °
Delaware Correctional Center Number ¤*`1>¤r¤¤S 10 be 6
1181 Paddock Road lS""°d i" this °“°
Smyrna, DE 19977 I _
Check for service
______________________________________ I on U.S.A.
SPECIAL INSTRUCTIONS on OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
gegephone Numbers, and Estimated Times Available For Service): Pad
I
Signature of Attorney or other Originator requesting service on behalf of: I E _ AINTIFF TELEPHONE NUMBER DATE
" V E oerenoanr
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 USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve I !
(Sign only first USM 285 if more fi, ` ` _,
than one USM 285 is submitted) No. No. ; f S / ‘ O 7
I hereby certify and return that I I;] have personally served Et have legal evidence of service, I;] have executed as shown in "Remarks", the process describcd
on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, ctc,, shown `at the address inserted below.
III I hcreby certify and return that I am unable to locate the individual. company, corporation, ctc., named above (See remarks below)
Name and title of indi idualrserved (if not shown above) A pc,-Son gf suitably age and dis-
A ' I] crction then residing in the defendants
usual place of abode.
Address (complete only if different than shown above) Date of Servicc Time am
P 7 z iii ...
II - Signaturc if -y arshal or Deputy
Service Fee Total Mileage Charges Forwarding F e Total Charges Advance Deposits Amount owcd t U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS: ` I 4 I I
- 80
*¤°gEEgg;*gNS 1. cietuc or THE counr "°”—“ USM **5 me my >