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


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Date: May 22, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:06-cv-00791-SLR Document 14 Filed 05/22/2007 Fgalqbe bq;2 [ QL
RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
C.A. No.06-791 in the United States District of Delaware. I have also received a copy of the
complaint in the action, two copies ofthis form, a copy ofthe Order ofthe 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 ofthe
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 ifa response is not served and hled within 60 days after: May l0, 2007.
Date; ixxiel i
`;·¤=.Ja.sa.>...¤..é~<\< \¤\¤.&~.. v~§i»»..»;.~.¤•~•`¤¤.
Signafure of Defendant Printed 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 ofthe 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.
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 ofthe 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 the service of summons, and may later object to the jurisdiction 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 plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also file a signed copy ofthe 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. i

Case 1:06-cv-00791-SLR Document 14 Filed 05/22/2007 Page 2 of 2
· PROCESS RECEIPT AND RETURN
Department Of JUSUCC _ See Instructions for "Service of Process by the U.S. Marshal"
UHIICCI States IVIEIYSIIBIS SCYVICC on the reverse of this form.

PLAINTIFF COURT CASE NUMBER 5
.. (
RAYMOND L. BRUTON Ole II ` l
DEFENDANT TYPE OF PROCESS
WARDEN RAPHAEL WILLIAMS (et;. a1 COMPLAINT
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. , TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CON DEMN
» WARDEN RAPHAEL WILLIAMS, H .R .Y .C . I ., P . O . BOX 9561, WILM , DE
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
AT H R Y C I P O BOX 9561 WILMINGTON DE 19 09 ·
25§'Ll`LO'E‘1?£’£S.€*§’EE.‘2.OBY.T9 BIEQQEETEILQI NW2 &l`@;*E’.D.B'§·SLl?ELOLV;-| Number or process to be
V d L B Iserved with this Form - 285
aymon . ruton
SBI # 069025 {Number ofparties to be
H.R.Y.C.I. Iservedinthiscase
P.o. BOX 9561 “
Iwilmtngeon, DE 19809 :€h¤¤lrS¢rvi¤¢
______________________________________ I on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated 'limes Available For Service): Fold
reid
PAUPER CASE it {K $
Signzgure of Attomey o&oth_e?iginator requesting service on behalf of: E PLAINTIFF TELEPHONE NUMBER DATE
’ ro =" · - - ·· , .
if _i[_ga._ · cna; ;/· ~. . Vt,.-" I] DEFENDANT FQ b ; £i‘(.:’f
SPAC BELOW FOR USE OF U.S. MARSHAL ONLY - DO NOT VVRITE BELOW THIS LINE
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 hrs! USM 285 if more ·
than one USM 285 is submitted) No. _ _ No. _ I , __
I hereby certify and return that I I __ have personally served, X " have legal evidence of service, I have executed as shown in "Rem;irks", the process described
on the individual, company, corporation, etc., at the addrc s s own above or on the individual. company. corporation, etc., shown `at the address inserted below.
I I hereby certify and retum that I am unable to lomtc the individual, company, corporation. ctc., named above (See remarks be/ow)
Name and title of individual served (if not slzoiwi above) A person of Suitable age and dig.
Fl cretion then residing in the defendants
usual place of abode.
Address (complete only ifdifferent than shown ribovcl Date of Service Time am
l le G'] Pm
Signature of LT.}, Marshal or Deputy
/'
Service lice Total Mileage Charges Forwattling Fcc Total Charges Advance Deposits Amount owed to U.S. Vlarshal or Amount of Refund
(including endeavors) ·
REMARKS:
llllu i ve-i/ *3- "‘“`“’“`“`I
F RM M-285 . 12/15/
*m°gE¤ggggNS 1. CLERK or rm; count ° Us me “°>