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

Case 1 :06—cv—00778-GIVIS Document 47 Filed 08/07/2007 Page 1 of 2
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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.06-778 in the United States District of Delaware. I have also received a copy ofthe
complaint in the action, two copies of this form, a copy of the 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 of the complaint
in this lawsuit by not requiring that I be served with judicial proces l
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: July IB, 2007.
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Date: _ ` ... -· ` - @7
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Sign ture f De ndant Printed or yped Name I
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 the cost of
such service unless good cause be shown for that defendant's failure to sign and return the
waiver. C
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 of the action or over defendanfs person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to the surmnons or the service of summons, and may later object to the jurisdiction ofthe
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 urrrepresented or on plaintiffs attorney, a response to the Complaint _
and must also tile a signed copy ofthe response with the Court. If the answer or a motion is not
. .ser¤.*erl;sdthinthis_tir;ne,.adefault j udgementmay 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. @2/tf
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Case 1:06—cv—00778-Gl\/IS Document 47 Filed 08/07/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEH I Al JD RETURN
' _ ' p ` _ See Instructions for "Service of Process by the US. Marshal"
UUIICCI SIHICS Marshals S€I`V1C€ on the reverse of this form.

PLAINTIFF COURT CASE NUMBER _
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DEFENDANT I _ A/I TYPE OF PROCESS
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NAME %;INDlVIDL?’.., COM CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
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EPEEIEECEPE EEHEE EPELTQ BQEEETEILAI EEE £ND;*EDL*§i'?;*§';0LVL.-| Number of pmesss to be /
ze . - I served with this Form - 285 I
l Q"ll’yi,wtIE° /~¤~"$,-SW %S¤é»¢=· Z Z- I .
D C C, I Number of parties to be
i I served in this ease
[If I Vyeqppégjii lll] $n~»)I‘l2lt/s‘lyD‘E/I.» _
I I Check for service
______________________________________ I on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Flggephone Numbers, and Estimated Times Available For Service):
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M-wyzyylzie (t);$·-c1?€£/ S
Signature of Attomey or other Originator requesti pr service on behalfof: TELEPHONE NUMBER DATE _ " I
Q · . yy-; » } __ Q DEFENDANT gg; 27 07
SPA ` BELOW FOR USE OF U.S. MARSHAL ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date I I
number of process indicated. of Origin to Serve .
(Sign only first USM 285 if more 7 ’ % /
than one USM 285 is submitted) No. No. .. L
I hereby certify and return that I [I have personally srEid. 'havc legal evidence of service. El have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the address s wn ubove or on the individual, company, corporation, etc., shown `at the address inserted below.
I:I I hereby certify and retum that I am unable to locate the individual, company, corporation, etc., named above (Sec remarks below)
Name and title of individual served (if not shown above) A pm-mn Dt Suiiabig ag.; and djs-
‘ I;I cretion then residing in the defendant’s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
I M UTI Pm
Wha] OF Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
PRl0:EE'l};éll?NS 1- FORM USM-285 (Rev. 12/I5/80)