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

Case 1 :07-cv-00244-JJF Document 12 Filed 07/30/2007 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—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 ofthe 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 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; July 18. 2007.
Date: 7[éZ*’I' Ll 7
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_ Si nature 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. T
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 theservice of summons, and may later object to the jurisdiction of the
Court or to the place to where the action has been brought. I p
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 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 to answer than_if the summons had been actually
served when the request for waiver t§fisei7vice;inaTs,received. A .
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Case 1:07-cv-00244-JJF Document 12 Filed 07/30/2007 Page 2 of 2
U S De artment Of Justice PROCESS RECEH I M m lun;
' _ ' P * _ See Instructions for "Service of Process by the US. Marshal"
Umted States Marshals Service on the reverse er this term.

PLAINTIEP _ i COURT CASE NUMBER
- I A r A ‘ N .. Litt
H- n ·.·PI Ol" e C.t\/..9-O-. (Hi:
DEFENDANT A TYPE OF PROCES
. - I
'UENS E .C1’?\lc’sILl— vclep , ,· · ,
SERVE NAME OF IIKV DUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
r l
» E - QR\-\»Il.L · ne.
ADDRESS (Street or RFD, Apartment No., Cir); State and ZIP Code)
I. •·' - ,_ { \
AT Dash · •%U\ · \ ‘
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW;
————————— -·— —-—— — ————-—--—————-———— ·- ---- | Number of process to be
T R L O R R Iserved with this Form — 285 U
eeeeseuoee Cow. éewan Gt *0 bc Q,
` ' Iserved in this case
net i§>r>§{> oc\< "Roeio $5:.; I
R Cheek for service
_._.. L- --$mb‘--.._-s`Des.\3.S3i7.--taxes-; ..
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Arierrrsie Addresses, All
ggephone Numbers, and Estimated Times Available For Service):
Raid
Signature of Attomey or odter Originator requesting Service on behalf of: MDLAINTIFF TELEPHONE NUMBER DATE -
‘* = -1, I i" ‘ , j_;_;_; $.,,,1 ‘ gg __ [I DEEENDANT
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- DO NOT WRITE BEIJOW THIS LINE
I acknowledge receipt for the total Total Process Distriet Distr ct Signature ofAuthorized USMS Deputy or Clerk i Date
number of process indicated. of Origin to Scrve
(Sign only first USM 285 if more
than one USM 285 is submitted) NO. _; No. `__
I hereby certify and return that I E have personally served, E have legal evidence Ol` service, E have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the address Shown above or on the individual, company. corporation, etc. . shown ar the address inserted below
Cl I hereby eertify and return that I am unable to locate the individual, company, corporation, etc,, named above (See remarks below)
Namc and title of individual served (if not shown above) A pe]-SOD gf suitable age and dis-
Il cretion then residing in the defendanfs
usual place of abode.
Address (complete only if different than shown above) Date f Service Time am
7 zi/0 * ,,.
Signature of U . arshal or Dep ty
BI
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) V ·
REMARKS: _ ~ i
Pm°gEEg;{*gNS 1. CLERK OF THE COURT F°'“* “*`·’“·”5 me- "’”"'”