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

Case 1 :06-cv—00736-SLR Document 10 Filed 05/16/2007 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-06-736 in the United States District of Delaware. I have also received a copy of the
j complaint in the action, two copies of this form, a copy ofthe Order ofthe Court authorizing
j 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 1 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 serviceof the summons. `
I I understand that ajudgement may be entered against the party on whose behalf I am l
acting if a response is not served and tiled within 60 days after: April IS, 2007.
g Date' 1 if 0
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i DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMON S {L'? q;
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i Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving ti
j unnecessary cost of service ofthe stunrnons andthe complaint. A defendant located in the _D sg
Y United States, who, after being notified of an action and asked to waive service of summons fi fj,
3 on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of QQ
such service unless good cause be shown for that del`endant's failure to sign and return the -3;
waiver. ` ` ‘*
r lt is not good cause for a failure to waive service that a party believes that the complaint is
i unformded, 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 defendants person or property..A
I defendant who waives service of summons retains all defenses and objections, except any
l relating to the summons or the service of summons, and may later object to thejurisdiction ofthe
l Court or to the place to where the aetion has been brought.
; A defendant who waives service must within the time specified on the "Retum of Waiver"
form served on plaintiff if unrepresented or on plaintiffs attorney, a response to the Complaint
z and must also tile 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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I Case 1:06-cv—00736-SLR Document 10 Filed 05/16/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEH I Al m RE I Um J
' _ ' P * _ See Instructions for "Service of Process by the U.S. Marsl1al"
UHIICCT States Marshals SCYVICC on the reverse of this form.
PLAINTIFF K COURT CASE NUMBER
RAYMOND L. BRUTON 06- • R
DEFENDANT TYPE OF PROCESS
JAY SYLVESTER, (t.21;.&1]..) COMPLAINT
NAME OF INDIVIDUAL, COMPANY CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
· sy SYLVESTER, DT"rec1:o‘r Key Pro‘g1‘am North
ADDRESS (Street or RFI), Apartment No., City State and ZIP Code)
AT H.R.Y.C.I,, P.O.Bo·x 9561, W·T1miingt;o·n, DE 19809
EFEEEHEEBE EEEEE QDJQ BIEJEEETEKE Etitli £·.l`£L).£·B'?’L*§§lEi£"£’; ..t Number of pmssss to be
F I served with this Fomt - 285
Raymond L. Bruton 1
SBI# 069025 iNumber of parties to be
H•R·Y·C·I• Iservedinthiscase 4,,
P.O.Bo‘x 9561 é
W‘i1mi;i;ng1;o‘n, DE 19809 |Check an service
______________________________________ { ss U.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Ffggephone Numbers, and Estimated Times Available For Serviee): F
old
PAUPER CASE § Q
Signature of Attomey o ther Origin reque ice on behalf of: PLAINTIFF TELEPHONE NUMBER DATE
· I » .» t' —.
mss! L, - El DEFENDANT Mama éaof
SPA BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District U Distriet Signature of Authorized USMS Depu y or Clerk Date
number of process indicated. ot`Origin to Serve
(Sign only Hrs! USM 285 if more
than one USM 285 is submitted) No. _1 No. ;
[hereby certify and return that I I] have pcrsonally served, xhave legal evidence of service, I] have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addre. i s own above or on the individual, company, corporation, etc., shown at the address inserted below.
Cl I hereby certify and return that I arn unable to locate the individual, company. corporation, ctc., named above (See remarks below)
Name and title of iudividual served (if not shown above) A person of suitable age aud dis,
El Cretion then residing in the deFendant`s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
` t | pm
` p l p V , Signature ofa arshal or Deputy
Service Fee _ Total Mileage Charges Forwarding Fe Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) -
REMARKS: _ . l

PRIOR EDITIONS E FORM USM-285 (Res l2.fI5/80)
MAY BE USED 1. C OF TH COURT