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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.07-244 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 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
Court, except for objections based on a defect in the summons or in the service ofthe 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: July IS, 2007.
Date: J5; 20c)? A
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Signature of Defend 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 ofthe 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 defendantwho waives service must within the time specified on the "Retum of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also 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 summons had been actually
served when the request for waiver of service-was received.
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Case 1:07-cv-00244-JJF Document 15 Filed 08/07/2007 Page 2 of 2
U S D f J - PROCESS RECEIPT AND RETURN
. . epartment O usttce . .. . ,,
, _ See Instructions for Service of Process by the US. Marshal
United States Marshals Service on me reverse of an am.
PLAINTIFF COURT CASE NUMBER
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DEFENDANT TYPE F PROC ss
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SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTEN 0I=*1>R01=>ERTY TO SEIZE OR CONDEMN
» QBRRQR FRGNELRI EEO§§§@0l£§[» .C·-C,
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
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AT Sow `· j __ Us I-· `Ai\i"\·i>E.\ O
SEND NOTICE OF SERVICE COPY TO EQUESTER AT NAME AND ADDRESS BELOW:
——-—-———— — —-————————-——— -- ————-———————— I Number of process to be
|·-— I served with this Form - 285 \
R. I ` :NL1ITlbCI of PHITIBS to be
EL-*’t\d PVRE CORR· CERTER ¤S¤~·=¤ in this are Q)
fOI' serviee
..... l"‘ -....D§·e.i.g..rZ ..... 2.-;..-:.1 2... -..: un usa.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Aitemate Addresses, All
Filggephone Numbers, and Estimated Times Available For Service): N `
Fold
9 ¤ I + 5 0 0
P :1-:i3¤*“i' IIE *5 P ECSIPLE EEISG Stu ELD
Signature of Attomey or other Originator requesting servioe on behalf of: TELEPHONE NUMBER DATE
__ _ _ XPLAINTIFF
Q r M _1 " .. . lj DEFENDANT (0-{ I
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY —DO NOT WRITE BELOW THIS LINE
I aeknowledge reeeipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk l in Date
number of process indicated. of Origin to Serve
(Sign only iirst USM 285 if more
than one USM 285 is submitted) No. No. ;___,. M?.
I hereby certify and return that I l] have personally served, have legal evidence of service, I] have executed as shown in "Remarks", the process described
on the individual, company, corporation, ctc., at the address shown above or on the individual, company, corporation, ctc., shown `at the address inserted below
Ei 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 individua served (if not shown abo e) A person of suitable age and dis-
ij cretion then residing in the defendants
usual place of abode.
dress complete only {different than shown above) Date .• Se? e Time am
I Q; it r ,,,,
Signature of .S. arsh l or Deputy
I
Service ee V Total Mileage harges Fo arding Fec Total Charges Advance Deposits Amount owed to U.Sl Marshal r Amount of Refund
(including endeavors) -
EMARI
PRl0:EEl5;;l;)NS FORM USM-285 (Rev. l2fI5/80)