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

Case 1 :07-cv- @1-GIVIS Document QIQRST Ej]|;o.@@Q{@Ya(2007 Page 1 of EMGE 99*%**
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Corporate/'Eiitit_t· Defendant
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RETURN OF WAIVER OF SERVTCE OF SUMMONS t
1 acknowledge receipt of thc request that 1 can waive service of summons in the matter of
CA. No.07-31 inthe `United States District of Delaware. I have also received a copy ofthe
complaint in the actions two copies of this form, a copy of the Order of thc Court authorizing
service and a means by which I can retum the signed waiver without cost to mc.
I agree to save the cost of service of a summons and an additional Copy ol` the complaint l
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 nm acting will retain all detenses or objections to the lawsuit
or to thcjurisdiction or venue ofthe Court, except tor obj e-clions based on 2. detect in the
summons or in the service ofthe summons. I understand that a judgement may be entered
against the pany on whose behalf I em awning ifs response is not served and tiled within 60 days A
after: May L8. ZOQ7.
Date: S.- 3 I
trgnamre of Defendant Printed or Typed Name ‘
DUTY T0 AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 ofthe Federal Rules of Civil Procedure requires eertaiu parties to cooperate in saving
unnecessary cost ofserviee of the summons end the coniplainn A defendant located in the
United States, who, after being notified of an action and asked to waive service of summons
on behalf of 2 plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause he shown for that defeurlantla 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 eourt that lacks
jurisdiction over the subject matter ofthe action or oven: def`endant's person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating tothe summons or the service ofsummons, and may later object to thcjurisdietion 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 "Returrt oi’Waivcr"
form served on plaintiff, if unrepresenled or on plaintiffs attorney, a response to the Complaint
and must also Hle a signed oopy ofthe response with the Court. If the answer or a motion is not ·
sewed within this time, a default judgement may be taken against that defendant. By waiving
service, a defendant is allowed more time to answer titan il` the summons had been actually
served when the request for waiver ofservice was received.
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Case 1:07—cv—00031-Gl\/IS Document 35 Filed 08/07/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT Al ID REI Um]
' _ ' P ` _ See Instructions for "Service of Process by the US. Marshal"
United States Marshals Service on the reverse of this rsrrrr.

PLAINTIFE F Lg COURT CASE NUMBER I ) I
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DEFENDANT _ { I TYPE OF PROCESS { L
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SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATI ET , TO SE VE OR DESCRIPTION OF' PROPERTY TO SEIZE OR CONDEMN
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ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
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AT 63%/ /Z/0/rin UML/c (04,;/ /,·jr; gm, #2 €5"7O
EEELIQEQPPE EEEE QOEYJQ BIEPHEETEILAI EEE Al`£’;*2DBl§i'?E§’E;-| Nrrrrrrrer ot process ts be
l—— I _____ _ A I served with this Form · 285 /
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I Number of parties to be
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I { 6 ICheck for service L/
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______________ L ______ _____________ : on U,S,A_ °
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Btrstrrsss and Altemate Addresses, All
ggsephone Numbers, and Estimated Times AvaiIable For Service): F ld
0
Signature f Attomey r Orig ator requesting ervice on behalf of: K? PLAINTIFF TELEPHONE NUMBER DATE 7 I -
be I , , A . s DEFENDANT pt/ff { xd a
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI-HS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. ofOrigin to Serve
(Sign only first USM 285 if more
than one USM 285 is submitted) No. No. _+ 7
I hereby certify and return that I I] have personally served, have legal evidence of service, Q have executed as shown in "Remarks’°, the process described
on the individual, company, corporation, etc., at the addres . own above or on the individual, company, corporation, etc., Shown at the address inserted below.
l;l I hereby certify and return that I am unable to locate thc individual, company, corporation, ctc., named above (See remarks below)
Name and title of individual served (if IIOI shown above) ~ A p rson of suitable age and dis-
iii cretion then residing in the defendant’s
nsual place of abode.
Address (complete only if different than shown above) Date ofService Time am
. 7 BI [ r ,,,,,
Signature of U. . Marsha] or Deputy _
:1 A it
Service Fee _ Total Mileage Charges Forwarding Fee Totaléjharges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS: \M I I
m°gEEgS*’{ggNS 1. CLERK or THE COURT F°*““ ”SM·”5 0*** *”'5’”“>