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


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Date: July 26, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1.06 cv 00046 JJF Document 18 Filed 07/26/200®` 9P@g%1 of
Corporate/Enti Defendant
` t(C~;l·»( ef? OI>JC»r·)
‘ RETURN OF WAIVER OF SERVICE OF SUMMONS p
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 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
after: July IQ, 2006. ‘ ‘
Date: _ 2,** 0l•
gi gg Q Bic phen @7 . Spa ari . Ei iiniiaiti at Me UI; cg l)ei»·e/
Signature of Defendant Printed or Typed Name l
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
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 defendanfs 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 obj ect 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" ~
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 H
service, a defendant is allowed more time to answer than if the summons had been actuag -
served when the request for waiver of service was received. .
is
_ cs

I Case 1 :06-cv-00046-JJF Document 18 Filed 07/26/2006 Page 2 of 2
,5 us Dc aymcm Of Juqice PROCESS RECEIPT AND RETURN
X i _ ' P .‘* “ _ See Instructions for "Service of Process by the US. Marshal" _
UH1I€d _States Marshals S€l"VlC€ on the reverse of this form. Q
l
PLAINTIFF COURT CASE NUMBER
‘d2\c,aeA;s ll.- 331 Les d.5Ar=‘7""f'—· MMA O -» Kg §5`[)€“
DEFENDANT TYPE OF PROCESS
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» cli Qxrewrwe olilr Y Gtr mf Dover- · at A l
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code) ‘ (-/{-17 { , jd/?_é;`_ 0 4* 73/
. I S / i { ./ D
AT DTN Rv- ‘ Awe - IL;. L r V J I 6
EEEILAPEQEPE @9/55 SOBILTP. BIEQHEETEILE ENE él`*£’j*ED£I§l*H5I;OE'i.. ..| Number of process io be U
` . ` I served with this F0m1 - 285 0/U Q )
. I’P».o~»~s. Rm Ls; S·¢~-~w·¤$~M·=·~·’Le l
ig"?-7GtS-93:5 [Number of paniestobe ` _
Up}?-ect ·_5j·p'T-pj p;OQT{y\_;'Tjp,y—y [served in this case WEE
iL°.I‘t”“"’M¤ »
Am ·_ lt CC OI' SETVICE ,
...______ Z°;é@I§i".§2§.°§ _.............. { on u.s.A. . lg
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gegepbone Numbers, and Estimated Times Available For Service): _ Fold
O
A/' i
l
Signature of Attorn or other Originator requesting service on behalf of: _ TELEPHONE NUMBER . DATE
R Q `IEQPLATNTTPP .
- El DEFENDANT /1/{6* U L { /3 {été
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 of Authorized USMS Deputy or Clerk Date I
number of process indicated. of Origin to Serve ,··r
(Sign only first USM 285 if more 4 ·-—f @1; (Q
than one USM 285 is submitted) No. ____.._ NO. 7 ?..YTL_ .
I hereby certify and return that I III have personally served, Elrave legal evidence Of service, I] have executed as shown in "Remarks", the process described
on the individual, company. corporation, etc., at thc address s _ wn above or on the individual, company, corporation, etc., shown 'at the address inserted below.
I
Ki I hereby certify and return that I am unable tO. locate the individual, company, corporation, ctc., named above (See remarks below) l
Name and title of individual served (if not shown above) l A pgyggn Ur Sutmbic age and dis-
I] cretion then residing in the det`endant’s
usual place Ot` abode.
Address (complete only if different than shown above) Date of Service Time am
7 _- Q6 O Io Pm
Signature . Marshal or Deputy

Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amppgt of Reptpd
(including endeavors) ¢:·~.:.· ,.-1:**:
<;·“ war;
REMARKS: *33 ‘
im irish.,
\ic®¤k\lv2f mdrwwwet $2%
V "’f‘;T.“?,r _ J
.;;.“.§;jr=t¤B>
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P, mm", QEEQSEIQNS 1. CLERK OF THE COURT y “°‘“' "S"‘·"l=‘P@"‘?;€'5’““* I