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

Case 1 :06-cv-00072-JJF Document 18 Filed 1 1/O2/20 ,6 » P e 1 f 2
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RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
C.A. No. in the United States District of Delaware. I have also received a copy of the
complaint in the action, two copies ofthis form, a copy ofthe 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 withjudicial 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 ifa response is not served and filed within 60 days after: October 23, 2006.
Date; [0 affa b
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Signa ure of Defendant Printed 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 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 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 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 defaultjudgement 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-OOO72—JJF Document 18 Filed 11/O2/2006 Page 2 of 2
U S De adment of Justice PROCESS RECEH I MID REIURN
‘ _ ' p " ` _ See Instructions tier "Service of Process by the U.S. Marshal"
. United States Marshals Service tm me IUVCFSC Or tint nm.

P1.AtN§ COURT CASE NUMBER ____ F
Nbr ~ ,.. .. . .* I, -.. J5
IJEFENDANT TYPE or PROCESS

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NA Ii OF INDIVIDUAL, COMPANY, CORPORATION, ETC. , TO SERVE OR DESCRIPTION OF PROPIiR'I`Y`l`O SEIZE OR CONDEMN
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· ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
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SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW; .
—— ———————-———-———-—-—— -·-· ------------- -| Number of process to be
E I served with this Form — 285 J5
I Hbf 0::3.; il; ‘7.£’Il¤‘I`7*l . _ _
, lhiurnber of parties to be
served in this case
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I gu \\\$m -& \ ICheck for service
________ _ _____________________________ Q on U.S.A. -
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and are Agnes, All
Telephone Numbers, and Estimated Times Available lrbr Service): C--J ,
FE FU · TI E
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Signature ot`Attomcy or other Originator requesting service on behalf ol`; N.] PLAINTIH: TELEPHONE NLJYVIBE ` DATE
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SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — D0 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
(Sign only Hirst USM 285 if more
than one [.·'S`M 285 is submitted} No. Nu. _ _ _ __
l hereby certify and return that I I `I have personally served, I Eiiave legal evidence ol service, LI have executed as shovt-n in "RCIHIIFIKR", the process described
on the individual, company, corporation, etc., at the address shown above or on thc individual, company. corporation, ctc., shown `at the address inserted helovv.
Isl I hereby certify and retum that l am unable to locate the individual, company, corporation. ctc., named above (See remarks below,)
Name and title of individual served (if not showri abmc) _ A person of suitable age and dis-
I_I cretion thcri residing in the defendants
usual place of abode.
Address (complete only if different than shown above) Date of Service Time ani
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Signature of Earshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee 'lotal Charges Advance Deposits Amount owed to US. Marshal or Amount of Refund
(including endeavors)
REMARKS:
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