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

Case 1 Document 38 Filed 02/12/2007 Page 1- _of 2
Corporate/Entity Defendant
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.06-46 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 the entity on whose behalf I am acting be served with judicial
process in the manner provided by Rule 4.
The entity on whose behalf I am acting 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 - A
against the party on whose behalf I am acting if a response is not served and tiled within 60 days
after: Janugy 5. 2007. `
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Date: J. f M
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Signature of efendant Printed or Typed Name jg, j.,(_n_,.U _,(_ IQJZ.2, QF,}
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
inrnecessary 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 defendants 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 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-00046-JJF Document 38 Filed O2/12/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT M ID REI URN
' _ ‘ P ` _ See Instructions lbr "Service of Process by the US. Marshal"
United States Marshals Service on the mma of this lass.
PLAINTIFF COURT CASE NUMBER
’/gtcevks Av be Kas 5p..o·1·t,·; Metsa c.xi.;t/s. ob-—v@ TS]?
DEFENDANT TYPE OF PROCESS
P`Yr\t\,lf>`I"I?·¤"~`> rQQ°\\UQ- §R?Pq~r"Y\v\qtu"\' 2.8 U‘S·*S=·= IE5) U
NAME OF INDIVIDUAL, COMPANY, CORPORATION, E'lC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» Pct>·~rv`~ M aww Q <>\s cx B s Q P¤<*T¤-*2~T
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code) y fi?)
T20- a · -2.* j·fn-n¤‘»¤5r¤~ DE I 52-
AT M/A 19 ?‘ 3 le, ,
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW:
——————---———-—-—--------—--—-——--—-—-— I Number of process to be A) G L} )
It y I served with this Form - 285 O
‘1l.c,;>·v—b»¢-» Ps- bills; Shwws IWORA A
ai lc iii} · I) Kr 3 I _ _ : Number of parties to be
\U'r’•··’\ \"Q,_§ •·§>"]··AT{•,_p‘2¥‘-l\ '\"E1·¤.r";`\A(‘*\‘ Iserved in this case (Q?
T*¤··%¤;·= lsu) oo
A"‘\P\F•-·1`?\_I QU`? 2 Q gl ICheek for service
_ ______________________ ___ _____________ ___: on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (include Business and Altemate Addresses, All
Figgephone Numbers, and Estimated Times Available For Servicc):
ran
Md-
Signature of Attorney or other Originator requesting service on behalf of: TELEPHONE NUMBER DATE
K 1>1.a1Nr1FF ·
Q .A-»-¢-~- Cl DEFENDANT A ‘z SPACE 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 0fAuthori2ed USMS Deputy or Clerk Date
number of process indieated. of Origin to Serve I/1
(Sign only first USM 285 if more I ` { .
than one USM 285 is submitted) No. No, é {5 / ff`) / 7
_ rr
I hereby certify and retum that I I] have personally served, lll have legal evidence of scrvice, U have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addre ’s shown abovc or on the individual, company, corporation, ctc., 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) A person of suitable age and dis-
l;l cretion then residing in the defendant`S
usual place of aboclc,
Address (complete only ifdifferenr than shown above) Date of Service Time am
. Signature of or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
( including endeavors)
REMARKS: _, 4
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