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

Case 1 :O7—cv—OO683-GIVIS Document 13 Filed O4/O1/2008 Page 1 of 2
RETURN OF WAIVER OF SERVICE OF SUMMONS _
GMS _ A
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.07-683 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 n
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 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 re ons is not served and filed within 60 days after: March l9. 2008.
Date'. vg?/ff _
as »c05c/ g é6Z0;Q_ gz 5 @6, I
ignature of Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COSTOF 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 inthe
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
defendant who waives service of summons retains all defenses and objections, except any n
relating to the summons or the service of summons, and may later object 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 nrust also file a signed copy of the response with the Court. lf 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 13 Filed O4/O1/2008 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT Al ID RETURN
' _ ' P L ` _ See Instructions for "Service of Pmcess by the US. Marshal"
UTIIIZBCI States NIBISIIHIS S€I`V1C€ 0n the reverse of this form.
PLAINTIFF COURT CASE NUMBER
, . » . I I . . - .
as -¤ __ . -. iy cic *' A2
DEFENDANT _ ’· TYPE OF PROCESS
. i I .. _
L D·~» · I-ac " F -.
NAME OF INDIVIDUAL, COMPANWL CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
» ADDRESS (Street or RFD, Apartm nt No , City Stare and ZIP Code)
_ ~C— - 1 Easel- S · -141l; E cf
EEEILIEJEQEBE EEEIEE QODLTQ BIEQEEETEKE EWE &@éE l§il¥';0E L -| Number of pmt.-as to be
T . H I served with this Form - 285 {
.l}·-’Sh¢u.tr[-? Dt Dcirlt fj I ‘
’ I Number of parties to be
Q , . _ · " ., ·· _ _ [served in this case _
.C.C. HZ! Paddock M· 5myrna,Df= Ll
|Check for service
______________________________________ { on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, AII
gelephone Numbers, and Estimated Times AvaiIabIe For Service): F Id
D D
S ture of A orney or other Or ator requging servie on behalf of: MAINTIFF TELEPHONE NUMBER DATE
,.Q_ /.4.L4..,.· 4 . ,11 P4.! I lj DEFENDANT 31
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
number of process indicated. of Origin to Serve Z .
(Sign only first USM 285 if more ·/m _ -" I ‘· .a»
than one USM 285 is submitted) No. LL No. A I jo;.
I hereby certify and return that I l;l have personally served? have legal evidence of service, E have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addre ‘ s `own above or on the individual, company, corporation, etc., shown at the address inserted below
ij I hereby certify and return that I am unable to locate the individual. company, corporation, ete., named above (See remarks below)
Name and title of individual served (if not shown above) A person of suitable age and dis-
ij eretion then residing in the defendant’s
usual place of abode.
Addres (cornpl te only F different than shown above) Dat of Service Time am
.j2~7‘%€’ {
PIT]
Signature E shai or Deputy
Service Fee e Total M ieage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including cndea vors) ·
REMARKS: l l l '
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t siting .
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PRIOR EDITIONS 1 1; FORM USM-735 (Rm IUISIUII)
MAY BE USED . O THE COURT

Case 1:07-cv-00683-GMS

Document 13

Filed 04/01/2008

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Case 1:07-cv-00683-GMS

Document 13

Filed 04/01/2008

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