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

Case 1:O7—cv—OO739-Gl\/IS Document 11 Filed O4/O4/2008 PagEj1_ot2 _ A
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y (#7 67 — ’/3 7 6715
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.07—739 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
p in this lawsuit by not requiring that I be served with judicial process in the manner provided by
Rule 4. Iwill 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 1nay be entered against the party on whose behalf I am
acting if a response is not served and filed within 60 days after: March 19. 2008.
Datg;..~@$· I _ O _ I
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Si nre-~6' Defendant Printed or Typed N e
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<...r....DI:lTY 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 ofthe 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 I
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
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. W.
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Case 1 :O7—cv—OO739-GIVIS Document 11 Filed O4/O4/2008 Page 2 of 2
U S De artment of Justice A PROCESS RECENT M in TURN
' _ ° p * L _ See lnstmctions for "Service of Process by the US. Marsl1aI"
United States Marshals Service on the rata-se of this nm.
`-.‘‘. —~=»· ·.-=*.‘ r’==.‘- -‘·‘· I
PLAINTIFF A COURT CASE NUMBER
llétfvtot C2- tlCC>/( JT"
DEFENDANT TYPE OF PROCESS
.1 * e i —i¤cur , ‘l·ctlr ICC _
SERVE NAME OF INDIVIDUAL, COMPANE CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
$ in L-[_Cl’l€t····"/l. n`°$lOr’"t"i5
_ . ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT "Il I l PCLC/CliC n ROOF! D€’.lQU1}Ctr`€, 1 Or‘r‘*€.C1‘lLt‘O Q . CLCZTTILCZI" (
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW;
———--—--- --——--- ———————————-————————————— | Number of ptocess to be
T I ..1Om/,65 G { l served with this Form - 235
-_ ,-G- It |.q5‘il»;.t.i~iOt"i I
S ASEVK CL" ' "‘°‘HC' i U lnumter of panics to be
PQTQ l ii ` Iserved in this case
vo Box. Soo .
( A * `I s
I &`GOi""9 (2`l’(f=(,O‘»"l l |Check For service
_______________________ __ ______________ :011 USA.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (lnclude Business and Alternate Addre ses, All
giellephone Numbers, and Estimated Times Available For Service): V F d
u ol
’D T . ··¤ . I I
T out Perf Cas Qs
Signature of At omey or other Originator requesting service on behalf of: i TELEPHONE NUMBER DATE
U PLAINTIFF
Qbamma ct . -6c»CJQ:zae#» k ti DEFENDANT 515 G 3
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I a knowled e receipt For the total To1.al Proccss istrict l l District _ S gnature of uthorizcd USM Deputy or Cler l l Date l
number of process indicated, of Origin to Serve ’ / N G
(Sign only first USM 285 if more tl § 4 { _ I ' _" if _ J V
than one USM 235 is submitted) No. l\lo.)_L_HL p Jil
I hereby certify and return that I I] have personally served, DY have legal evidence of service, I] have executed as shown in "Rcmarks“, the process dcscribcd
on the individual, company, corporation, ctc., at the addrc s own 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 thc individual, company, corporation, ctc., named above (Sci: remarks below)
Name and title of individual served (if not shown above) A person of suitable age and dis- I
l;l cretion then residing in the defendant’s
usual place of abode.
Address (complete only ifdifferent than shown above) Date of Servicc Time am
J
at ; : . ·
..Z§i.2r"?l J f· pm
Signaturegjtbf U”._`S;__,l>4arshal or Deputy
I I
Service Fee Total Mileage Charges Forwarding Fce Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endea vofs)
REMARKS;
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P¤°gE¤g;;¤gNS 1. CLERK or THE count F°'*“ "S*“·”5 me m5’“°>

Case 1:07-cv-00739-GMS

Document 11

Filed 04/04/2008

Page 1 of 2

Case 1:07-cv-00739-GMS

Document 11

Filed 04/04/2008

Page 2 of 2