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

Case 1 :06—cv—00778-GIVIS Document 45 Filed 08/07/2007 Page 5 QPW VI
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 ofthe 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 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 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 18, 2007.
Date: 2-·z.g-dg .
X ». jf [ ( E E 3:, L
Signature of D ant Printed or Typed 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.
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 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"
I form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
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 1:06—cv—00778-Gl\/IS Document 45 Filed 08/07/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT Al JD REI mm
‘ _ ' p * “ _ See Instructions for "Service of Process by the U.S. Marshal"
UH1t€d SYBIBS Marshals SBYVICC on the reverse of this form.

PLAINTIFF COURT CASE NUMBER
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DEFENDANT 6 g éjéél TYPE OF PROCES%
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTYTO SEIZE OR CONDEMN
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» ADDRESS (Street or RFI), Apartment No., City State and ZIP Code)
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AT OCC, HSE! ?fi’Oi90c3/Csftg Sm Mr/A PQL L;7'7
§§§.'Ll`@D@£’£ EEEEEQOBLTQ BEQELE£TE*L*°£E EAEAE £~.l`£’.£*2DBE$§. LOB; -| Number gf pmccss tt, be
· I served with this Form - 285 /
|?_["z mmf? Lea//J /5.9/ isroeézrze
b Q4 {Number of panics to bc
Iservcd in this case
Ng] P10l‘@O®©ié '[ZGD {mj/ZM/i W (99 77
I I { |Check for service
______________________________________ I on usa.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gegephone Numbers, and Estimated Times Available For Service);
D / E
.··‘“ .
likl ic6l?M ti Wat?/A ff
Signature ot`Attorney or other Originator r uesting service on behalf of: T O E NUMBER DATE ' ~
7 N I I 11 (A I; I] DEFENDANT ‘ 7 07
S ’· CE BELOW FOR USE OF U.S. MARSHAL ONLY —DO NOT WRITE BELOW THIS LINE
I cknowledge rece pt 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 Hrst USM 285 if more ·` /
than one USM 285 is submitted) No. }_ No. __; _ _ __
I hereby certify and retum that I lj have personally served, DI ave legal evidence of service, K] have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addres shown above or on the individual, company. corporation, ctc., shown `at the address inserted below.
lj I hereby ceniiy and retum 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) A person of suitable age and dis-
lj cretion then residing in the defendant‘s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
. . O J pm
Sig ature of5U.S§\fIgtshal or Deputy
Service Fee Total Milea e Char es Forwarding Fee Total Charges Advance Deposits Amonut owed to U.S. Marshal or Amount of Refund
S E
(including endea vors)
REMARKS:

FORM USM-285 . l2fI5/
P¤*°gE*¤g;¤gNS 1. cuznx OF THE count l me ”°’