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


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Date: February 12, 2007
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State: Delaware
Category: District Court of Delaware
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i I i:00—cv-00046-JJF Document 37 Filed 02/12/2007 Page j_ of 2
CorporatefEntity 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 ofthe
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 retum 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 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 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
j after: January 5. 2007.
` .. { I
l Date: J. { iv'?
I Q kazaa finger I Q LM {fa Cifj M /¤€~y
Signature of efendant Printed or Typed Name gf Afqr,7 ,£__ tQ,j£}_,,£_ pf,}
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
j 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 "Retum of Waiver"
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.
.... .
E g. FEB 1,2 20Ill i

Case 1:06-cv-00046-JJF Document 37 Filed O2/12/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEH I all m RETURN
‘ _ ' P ‘· _ See Instructions for "Service of Process by the U.S. Marshal"
UH1I€d SIHICS Marshals SCIVICC on the reverse of this form.
PLAINTIFF l COURT CASE NUMBER
Q 5J5tI'~J'I'Dg NIO/LA C_t\/· f|)Ds
DEFENDANT . TYPE OF PROCESS
- ·r-‘· ~ ·=····---·-··— ·=‘· = E>"?$'="$’-¥'i”i_i¥°ii"’*T‘3';?`¥' Z.? U- S—· C.- /35 Q
SERVE NAME OF INDIVIDUAL, COMPANK CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
*’ » . ` » . ‘ ,
» C.J\"\\ Iii- € €»~.»'\`¤\/E & ggw Ee Q] & C..t [bf Jp @Y* YV"3T“`°**'J [D ? iH*·“‘°'·K
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
.• _ »’ _ I J
AT we A /7‘i’ff//' /06 0fM~" /5/ Us UE
§EI1D.i*£)EQ€2E$iiE’!S§9O£-2BIEQEEETELAI *":E’*E.*.%..L’;°*2D °E.l’§El:.OEE-r Number uf process rr. be , 9 U} /?‘?~S’2
. Iserved with this Fonn - 235 UML
i‘i?‘*P°*•f`<$=¤ ·°*—·`DQ ins. Sii`* at (JI Q-..0 I Number of parties to be _ ·»
ITRA. <5‘T‘,q.-RS Q QN .:1-·¥..,_,‘g·i‘¤,.,-ry I served in this case ··-1‘i\tf`?€ (gj
t P- éuoc ree; As IJ Q
I GQ gr {A 5 it; tb :5[helcIkSfg service /
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alremate Addresses, All
geéephone Numbers, and Estimated 'Hmes Available For Service): F Id
ul 0
I
rv/*
Signature of Attomey or other Originator requesting service on behalf of: * TELEPI-IO E NUMBER DATE
. X PLAINTIFF
QL I g .. [1 DEFENDANT A -· Z, _ é
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total otal Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve Z,
(Sign only first USM 285 if more _ ` — __
than one USM 285 is submitted) Nor No. _ 2 `
I hereby certify and return that I E have personally served, Qhave legal evidence of service, E have executed as shown in “Remarks", the process described
on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, ctc,. shown ar the address inserted below.
El I hcreby certify and return that I am unable to locate the individual, company, corporation. ctc., named above (See remarks below)
Name and title of individual served (if not shown above) A pgrgrm pf suitable age and dig-
[I cretion then residing in the defendant`s
. usual place of abode.
Address (complete only ifdifferent than shown abovc) Date pf Service Timc am
Signatur; o%S;Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to UCS. Marshal or Amount of Refund
(including endeavors)
REMARKS;
[U ` ’ f _;¤ - i .
*‘¤¤°gEEg;;¤gNS 1. cuatuc or me count FP"' "S*“·”5 me W")