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

Case 1 :06—cv—00778-GIVIS Document 46 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 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 ifa response is not served and filed within 60 days after: July 18, 2007.
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.Y ignature of De- n nt Printed or Typed Name
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.
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 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 obj ect 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 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 1:06—cv—00778-Gl\/IS Document 46 Filed 08/07/2007 Page 2 of 2
U S De artment 0f Justice PROCESS RECEIPT Al AD REI URN
' _ ' P ` _ See Instructions for "Scrvice of Process by the U.S. Marshal"
UHIICCI States Marshals S€I`VlC€ on the reverse of this form.

PLAINTIFF COURT CAS NUMBER
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DEFENDANT 2 EJ TYPE OF PROCE S
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NAME OF INDIVIDUAL, CIZM-F?N\{ CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PR P RTY TO SEIZE OR CONDEMN
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ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT Deéé ll l P/l·*vDOCl€ BD 5r>~>*l?4Wl Di/C l??7‘7
E.l`l[L*£’E€E£’£ *E'E’EE'§.O.'1Y.TQ BIQEEETEILAE EEE £®.§2'l*'§§tEL0H;-| Nambe, gf mm, [0 bg
P
, I served with this Fomi - 285
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INumber of parties to be
D c" L lserved in this case
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Fm) - IZO §tt·v]’fZN,/-t·pg; G}?77
i l I / J I :Check for service
on U.S.A.
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
Telephone Numbers, and Estimated Times Available For Service):
Fbld Fold
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Signature of Attorney or other Originator requesti = service on behalf of: H TELE HONE NUMBER DATE ~~
[ U LAINTIFF C7
, . · ‘ * _? . I . · " III DEFENDANT M U `
SPA BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW LINE
Iacknowledge receipt for t he total Total Process Distri t _ District Signature of Authorized USMS Deputy or Clerk Date l l
number of process indicated. ol”Origin to Serve _
(Sign only Hrs: USM 285 if more / (K/'
than one USM 28.5 is submitted) No. No. .1
Ihereby certify and return that I l;] have personally servcd,$Z: have legal evidence of service, lj have executed as shown in "Remarks". the process described
on the individual, company, corporation, etc., at the addres s 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 the individual, company, corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) EI A person of suitable agc and dis-
cretion then residing in the defendant's
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
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Signature of U.S. arshal or Deputy
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Sewice Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
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{;*;>gE*¤g;ggNS 1. cuantc OF THE comm °"~*“ USM **5 me “"5 *