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

Case 1 :07-cv—00023-SLR Document 12 Filed 06/18/2007 I Pa of
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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—23 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 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; May l0, 2007.
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_ Date: JOM? (2 .2007
‘ *GJro.c,( Xl
ignat e of Defendant Printed or Typed Name
n 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 thc cost of
j 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
j 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 jandriobjections, except any
relating to the summons or the service of summons, and maylater object to the jurisdiction of the
Court or to the place to where the action has been brought.
5 - A defendant who waives service must within the time specified on the "Return of Waiver" 4
I form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint —
i 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 when the request for waiver of service was received.
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‘ Case 1 :07-cv—00023-SLR Document 12 Filed 06/18/2007 Page 2 of 2
U S De artment of Justice I PROCESS RECEIPT AI ID RE I Ulm
’ _ ' P “ _ See Instructions for "Service of Process by the [IS. Marshal"
United States Marshals Service tm isa mv.-site Or this rim.
PLAINTIFF _ COURT CASE NUMBER
· ~. I»¤etI.l%
DEFENDANT I cw TYPE OF PROCESS
I t` _ , _” ; _ _ k ' an Q I" 7 , ·- J I'
l A..1· 1A. Qt. { ‘ l*;__
NA · F OF INDIVIDUA , COMPANY, CORPORAT N, ETC., TO SERVE OR DESC PTt0N OFPROPERTYT SEIZE OR CONDEMN
SERVE . I . .
_ Li g I tgi Q Qrgi igj gf EQ"; g-§E..¥g,j!g">’\—~, Qggiglit QTE; )IiQEé @5 L
ADDRESS (Street 0I FD, Apartment N0., City, State and IP Code) -
`I”“‘ tall ~ as -» » ,. Q
AT I t/\‘ . - t .r·~i—r~Q t It ’ -_ •Cf
. . A J
EEEILIEQEIEEBE SEWER QOBYJQ BEQILEETEIL/E EIWIE A@;’·EIL§§I¥L0&L-| Numbs, or p,Oc..,,, [0 b.,
_ _ _ I served with this Form - 285
I EoIt;>@,eEll~D.II%*@‘»¤¤~.>·?¤~/¤ 2-'IBIE tg p PI - L
Irl ·’2· ii C-{Ti P I A 'I;lL'Z.`3°En°ItlS`Zi1’St`° b“ P ·
+90 5 9** ‘ { I 3 I
. i {I QK O I . I
I V U-] I I/l CJiC•*I’\ dbg I _ I Check, for service I
_____________ Q_______· __________ ______ _________ I on U.S.A. _ · / __,
I H - C
SPECIAL INSTRUCTIONS ORYOTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gjegephone Numbers, and Estimated Times Available For Service): . _ FDM
I Signature of .· I it II , or other Originator questing service on behalf of: l ZMNTIFF TELEPHONE NUMBER DATE
I A. .5;. `= *2 .4.. ¤ DEFENDANT .g‘é>AtE* il rl? 0 Z
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 ofAuthorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve _ J
(Sign only Hrst USM 285 if more ·- . 5*
_ than one USM 285 is submitted) No. No. _ L
I hereby certify and return that I III have personally Served, • ave legal evidence of service, I] have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addres Shovvn ahove or on the individual, company, corporation, etc., shown at thc address inserted below.
III I hereb certif and return that I am unablc to locate the individual, com an , corporation, etc., named above (See remarks below)
Y Y P Y
Na e and tit e of ndividual served (if not shown abovc) A person of suitable age and dis-
E cretiort then residing in the defendant’s
usual place of abode.
Address (complete only if different than shown above) I Datetof Servi e Time ant
It Ya I Pm
Signature of Ugarshal or Deputy
Service Fee I Total Milea e Char es Forwardin Fee Total Char cs Advance De sits Amount owed to U.S. Marshal or Amount of Refund
. S H s a P0
(including endeavors) - r -
REMARKS:
I/UUE-MCA/` V`
PRI0;tEE£;:£`Il?NS 1- FORM USM-185 (Rem 12/I5/80)