Free Response to Order - District Court of Delaware - Delaware

Case 1 :07-cv-00238-JJF Document 7 Filed 10/17/2007 Page 1 of 2
ibamcla (iarvcl
28 Old Brompton Road, Suite 158
Landon. SW7 3ss,Eng1a¤d,U.K. US TEL/FAX fwd 1 954 524 1909
October 15, 2007 .. . .
United States District Judge Joseph J. Farnan, Jr. R E CI E
United State District Court for Delaware ,
J. Caleb Boggs Federal Building ` UL-[ ‘
844 N. King Street . `‘l`i‘‘ “ ` " `
Wilmington, Delaware 19801 .
RE: 07-cv—00238—JJF, CARVEL v ROSS; SERVICE OF PROCESS
Dear Judge Farnan,
I write in response to your Order of October 1, 2007 (Docket #6) that I show cause why
this matter should not be dismissed for failure to serve process. I thought that I had
served process within "Fed. R. Civ. P. 4" when I filed my Certificate of Service with the
court clerk (Docket #5).
I am a pro se litigant in this matter. Although I have learned a great deal watching the
legal machinations against my family, I have not training in law.
I read the Federal Rules of Civil Procedure Rule 4 as well as the Delaware District
Court’s Local Rules Rule 4.1, and the Delaware Code. I called the District Court, but the
clerk was unable to tell me whether the method of service is limited in any way for the
Amended Complaint and Surrunon after the Waiver of Service was not returned.
Therefore, for financial reasons I chose the mail with return receipt method that I
believed complied with the Federal Rules, Delaware Local Rules and Delaware Code.
I based my understanding of service on the defendant as a non—resident in Delaware as
follows:
FRCP Rule 4 (c) (2): service by a U.S. Postal Service employee qualified as service by a
non—party;
FRCP Rule 4 (e) (1): service was pursuant to the laws of Delaware, where the District
Court is located (see Local Rule below);
FRCP Rule 4 (1): proof of service was provided by U.S. Postal Service Return Receipt
postcard that was provided with my Certificate of Service (Local Rule 5.2 (a)) to the
District Court Clerk (Docket #5) as required by the Local Rules 4.1 (b) referring to
Delaware law;
FRCP Rule 4 (m); service by mail was made within 120 days of the original filing;
Delaware Local Rules 4. l(b): service of summons on a non-resident pursuant to 10 DEL.
C. § 3104 4 ‘“Persona1 jurisdiction by acts of nonresidents", applicable sub-sections
being (c) (3), (e), (f), or possibly (g) if delivery was refused.

Case 1:07-cv-00238-JJF Document 7 Filed 10/17/2007 Page 2 of 2
‘Damc[<1 Gfarvcl
28 Old Brompton Road, Suite 158
London,sw73ss,srrg1a¤d,U.K. US TEL/FAX fwd 1 954 524 1909
lt was my understanding based on the above and my conversation with the court clerk
that good service was completed with my filed Return Receipt postcard with my
Certificate of Service.
lf I made a mistake, I am here enclosing another Summons form and request that the
Clerk re-issue a Surnmons to be served by a process server in person at the business
address of Leonard Ross, attorney, if in—person method is the only one required before
November 23, 2007.
Thank you for your patience and understanding.
Yours truly,
(pnmch Qwwd
Pamela Carvel
cc: Leonard Ross by fax and Air Mail