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


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Date: June 6, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv-00015-JJF Document 16 Filed 06/06/2007 Page 1 of 2
Ubrné Cory
T Corporate!Entity Defendant
(Uma)
· ‘ RETURN OF WAIVER OFTSERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
` C.A. No.07-015 in the United States District of Delaware. I have also received a copy ofthe g
complaint in the action, two copies of this form, a copy of the Order of the Court authorizing .
service and a means by which l 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 the entity on whose behalf I am acting be served with judicial
process inthe manner provided by Rule 4.
The entity on whose behalf I am acting will retain all defenses or objections to the lawsuit 1
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 aj-udgement may be entered
against the party on whose behalf I am acting if a response is not served and tiled within 60 days I
alter: May l0, 2007.
Date: · ZO5
ti M - /iuc>5;
Sign re of Defendant , rinted or Typed Name /
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 ofthe 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 i
waiver. ` 2
lt is not good cause for a failure to waive service that a party believes that the complaint is I
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 defendants 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 thejurisdiction 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 "Return of Waiver" _
form served on plaintifi 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 defaultjudgement 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-00015-JJF Document 16 Filed 06/06/2007 Pa e 2 of 2
· PROCESS RECEIPT AND TURN
Department Of Justice _ See Instructions for "Service of Process by the US. Marshal"
UH1tCd SIZHIBS Marshals S€I`V1C€ on the reverse of this form.

PLAINTIFF U, ' COURT CASE NUMBER
. e .
. I II aI P C.. . 1* .* F
DEFENDANT TYPE OF PROCESS
O I .· ' _ ' ‘·
C €C+/ H9! Az "‘ i' · -€ ICE
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
I { [
COL Z`; {QOH O§§[ IEQQKQQI §¤ggQ€§ I 2
* ADDRESS (Street or RFD, Apartment No., Cir); State and ZIP Code)
· * I I `
AT 7 8 /V . S-.LOLH MU • J
§FED..h9E‘2E.9E’i5l3·’l9E‘l)£‘L*`2 EIQEEETEILE EWE AIPABDBIESELEQE-;-| Number of pmccss to be
v » • I d ‘thth‘ F -285
|_ WM//em F;-ancxs s 3 I-. *°"’° “" “ °"‘?
:Number of parties to be
Def C l served in this case 5-
` @ oa
_ I P R :Check for service
.... ;--..SK¤}([email protected]; ......_..... -I on U.S,A. . _ _ .
SPECIAL INSTRUCTIONS OR INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gggephone Numbers, and Estimated"I'imes Available Har Service): . . _ . . d
ast
/l/ I ’f I leg A I ‘ I H A
'/”€/"’/7£1'f·€ x4=¤Hr·%”$‘,: 201 CO 8 P5/"k Dlwyg
· I Sbwe 101
I P Do ve rv DE /970+
Sign ttoI·ney or other Originator requesting service on behalf of; · MAINTIFF . _ gl.-IgIBER Dgli Z . ..
I ex. ‘
_ _ KI DEFENDANT , _ ,2 ··
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI-IIS LINE A
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve ‘
(Sign only first USM 285 if more
than one USM 285 is submitted) No. No. E_
I hereby certify and return that I B have personally served, E have legal evidence of service, I] have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addre s shown above or on the individual, company, corporation, etc., shown at the address inserted below.
lil I hereby certify and retum that I am unable to locate the individual, company, corporation, ctc., named above (See remarks below) U
Name and title of individual served (if not shown above) A pc,-Sm, of Sugtabje age and dis-
Cl cretion then residing in the defendants
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
(’ bi ` P"`
‘ Signature of Tg- rshal or Deputy
Service Fee j Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) ` ·
REMARKS:
P*¤°:EEgS¤;*gNS 1. CLERK or THE Count F°"·'" “S”·”5 me '”'5’”°>