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


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Date: July 26, 2007
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State: Delaware
Category: District Court of Delaware
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. Case 1:06-cv-00778-Gl\/IS Document 43 Filed 07/26/2007 &Page 1 ot?
S/M s 0/ V
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 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 if a response is not served and filed within 60 days after: July 18. 2007.
Date; '7 fV’ Z1?
r Z- · s`.. [ bzgn L` Gurn H
ignature of Defendant Pri ted 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 andthe 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. A
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" Q
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.

Case 1:06—cv—00778-Gl\/IS Document 43 I Filed 07/26/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT Al m RETURN
' _ ' P * “ _ See Instructions for "Service of Process by the U.S. Marshal”
United States Marshals Service tm me reverse of this ram].

PLAINTIFF -j" AZ COURT CASE NUMBER
[I4/lr’10·'E7 ···r1··t/if C/*‘l Qér 77X (5/443
DEFENDANT {0 L TYPE OF PROCES -
‘ /47ffS a df- G C
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPE YTO SEIZE OR CONDEMN
‘f Z-fdiaggi Q,. CA7Z/E6!.
_ ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT r>.cc. /f%'/ FWOPQJGL ED $’*‘~Y/U··"t9iV£'€— [9977
EEHILAEJIEQEBE EEIEEE. QEYJQ EEEEETEILAI EIWE AAPJEDEQEIEQEL -| Numbc, Or P,-0,,.,,, ,0 bg /
|—— I ¢ -. Iserved with this Form — 285
D at Q; K |Number of parties to be /
` » , I served in this case 3
I Hifi Pfl‘0W lCheck for serviee
_________ __ _____ __ ______________ _ _______ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (lnelude Business and Alternate Addresses, All
Telephone Numbers, and Estimated Times Available For Service):
Fold Fold
· GF D. CC,
/Mft-aizmn Wu pref! S
Si turc of Attomey or other Originator re sting service on behalf of: Z; LAINTIFF TELEPHONE NUMBER , DAT
;r;-W;4 A ,,€..e.·¢»··;@ [I oeseuoaur i ·? 27 Q7
SP CE 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
number of process indicated. of Origin to Serve P
(Sign only first USM 285 il` more rz 7./(
than one USM 285 is submitted) Not Tm No. ; ___
I hereby certify and return that I lj have personally served? fave legal evidence of service, [I have executed as shown in °‘RCI'l`l£il'i(S“, 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.
lj I hereby certify and retum that I am unable to locate thc individual, company, corporation, etc., named abovc (See remarks below)
Name and title of individual served (if not shown abovc) A pct-Sim pf guimblg ag`; and djs-
Cl cretion then residing in the defcrtdant’s
usual place of abode.
Address (complete only ifdiflerent than shown above) Date of Service Time am
7 5 pm
Signature • U. arshal or Deputy
X7
Service 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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