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


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Date: April 1, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :O7—cv—OO683-GIVIS Document 14 Filed O4/O1/2008 Page 1 of 2
I
P RETURN OF WAIVER OF SERVICE OF SUMMONS
' C¤~W'*S . . . .
I aclcnowledge receipt of the request that I can waive service of summons rn the matter of
C.A. No.07-683 the United States District of Delaware. I have also received a copy of the I
complaint in the action, two copies of this form, a copy of the Order of the Court authorizing
1 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 with judicial 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 if a response is not served and filed within 60 days after: March 19, 2008.
Date: ?[1·s’[·*(/ -
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Signature of Defendant Printed or Typed Name -
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 1
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 theiaction or over defend_ant's person or property. A _
defendant who waives service of summons retains alldefenses and objections, except any . _
relating to the surnrnons or the service of surr1rireons,,ai1d:111ay` later object to the jurisdiction of the _
- _ Court or to the place to where the action hasbeen brought. ` I I 1 n `
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.
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Case 1 :O7—cv—OO683-GIVIS Document 14 Filed O4/O1/2008 Page 2 of 2
U S D I · PROCESS RECEIPT AND RE'I`URN
. . epartment 0 Justtce - .. - ,,
_ _ See Instructions for Service of Process by the US. Marshal
UHlI€d SIZZIICS Marshals SCIVICC on the reverse of this form.
PLAINTIFF V COURT CASE NUMBER
‘ it
!iA..VVt{ s' 4.: U -I· A
DEFENDANT - TYPE OF PROCESS
V ,}.0-= u.: ( · ¢ UV ··V·¤¢ ’ nt its .
NAME OF INDIVIDUAL, COMPANXQ CORPORATION, ETC., TO SERVE OR DESCRIPTION OF'PROPERTY TO SEIZE OR CONDEMN
: g s F
· ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT . it 1.. use D-- ¢‘~·
EEEILAEIIIEIEPE EIEEE QOBLT9 BEPEEETEILE EWE&2é2DBE§@LOE;-I Number of process rrr be
I served with this Form - 285
I . _ . . t
,&$lEt»(I']€ Dr DOI I I ,5 I
I Number of parties to be
I served in this case
rCC. V l · Fha DE "-
I D I P BJ; I ICheck for service
______________________________________ I on Usa.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gggephone Numbers, and Estimated Times Available For Service): V FGM
_ - I , I _
VVI7W"I·’}I$` CCI1|"'(’UiI l 5 MOLJ CO}v1rttl$$/¤·•*?€l'V gr?
. I; t
EIt?¤i-Irmen oF Corrgoiiom.
Signature of Attomey or other O ` inator requesting service o behalf of: IM TELEPHONE NUMBER DATE
I I I O LAINTIFF
._ r‘¤s.r.t» s . . 4- ,» /,,s_ $44 E DEFENDANT 3* I l;QS
. . . · . . . .... . . _ . .
SHACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI-IIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
nnmber of process indicated. of Origin to Serve , 5 s
(Sign only first USM 285 if more · { ‘- _/I 4
than one USM 285 is submitted) I No. I N0. L
I hereby certify and return that I [I have personally served, ghave legal evidence of service, I] have executed as shown in ‘“Remarks", the process described
on the individual, company, corporation, etc., at thc acldres s own above or on the individual, company. corporation, etcr, shown`at the address inserted below.
CI I hereby certify and retum that I am unable to locate thc individual, company. corporation, ctc., named above (See remarks below)
Name and title of individual served (if not shown above) A pc,-mn Of Suirabic age and dis-
III cretion then residing in the defendantfs
usual place of abode.
Address (complete only if different than shown above) V Date of Service Time am
,/ -— »
I al
· ED t vm
Sig ature of U. V . al or Deputy
if `V
_ I
Service Fee , Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal r Amount of Refund
(including endeavors) -
REMARKS; "
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.I._;I~Ie;t be qgtte
PRIOR EDITIONS 1 F FORM USM-285 (Rev. 12fl5/80)
my BE USED . C O THE COURT

Case 1:07-cv-00683-GMS

Document 14

Filed 04/01/2008

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Case 1:07-cv-00683-GMS

Document 14

Filed 04/01/2008

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