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


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Date: June 18, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :07—cv—00637-JJF Document 14 Filed 06/18/2008 P%g of
U / I
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—637 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 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 response is not served and filed within 60 days after: June 9, 2008.
Datef QQ tl , Zwlf
_ Apr C . xl. Carl C. Danberg
wx! 3 f Defen Printed or Typed Name
` Y TO A I NNECESSARY 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 ofa 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
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 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 :07—cv—00637-JJF Document 14 Filed 06/18/2008 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT Al m REI URN
' _ ' P * ` _ See Instructions for °‘Service of Process by the U.S. Marshal"
United States Marshals Service on mr- reverse Or mrs form.

PLAINTIFF COURT CASE NUMBER
. ' . V I i — 9 ,
FI>ti/Aw WIL 1/IMS ; 350587 t rm ur. il » ·. · l·°7·€V·¤<>é·37 ~ UF
DEFENDANT _ _ {1 TYPE OF PROCESS
, I 0
Carl. Dan Cnmmtsstcner · Stale · Del. Frtsons C.R ; .42U.S.l1 3. 3
SERVE *'· ME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» CARL DANF>E@ gqmmzssm/ER gg sm]; QE ggtamgg ggtegus
ADDRESS (Street or RFD, Apartment No., City. State and ZIP Code)
AT 245 MCKOQ R _• Do C .L‘ .a1' " l"
§”i§Q.@E<22£ EBYEPE. QOBYJQ BIEPEEETEKE NW2 QPABDB EEIELOH L. - I Number of process to be 0/79
I-- W I served with mas Fomn - 285 .4983 Form;
Epvtmzv lLLlAMS,SBI=l*350587 , R
v Number of arties to be
» . | P
DCC S" I " Iserved in this case 8
q 7 7 I Check for Service
________ ____f_____ ..._ ___ ...____..__. _--:0n U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
éfegephone Numbers, and Estimated Times Available For Service): r E M { _ " W" "
L g AM ‘i'¤ Wl ,. _ E
JUN I 8 ZUU8 .
_ »:.r .:.,.t._ NE )
U.b. Ling I ~··_ -/A .
[ DI TIIIG I UFEAWARE i
Signature of Attomey or other Originator requesting service on behalf ot`; V TELEPHONE NUMBER DATE 7 _ S T
s _ _$PLA1N IIFF . '
ézéc nih ‘ ( I] DEFENDANT 5
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TIHS LINE
I acknowledge receipt for the total Total Process District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. to Serve ( b é Y
(Sign only first USM 285 if more /'
than one USM 285 is submitted} I No. I ` . ?
I hereby certify and return that I Q have personally served, E have legal evidence of service, U have executed as shown in "Rcmarks", the process described
on the individual, company. corporation, etc., at the addres. shown above or on the individual, company, corporation. etc., shown`at the address inserted below.
ij I hereby certify and retum that I am unable to locate thc individual, company, corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) A person of suitable age and dis~
E cretion then residing in the defendants
usual place ot` abode,
Address (complete only ifdifferent than shown above) Date of Service Time am
Q { ; I pm
S`¤'t U. , `hl D t
Igiid U C { J B OY Cpl} y
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Mars al or Amount of Refund
(including endeavors)
REMARKS:
lu at i/at/`

FORM USM-285 . 12/15/80
""'°:EEl'};;'l?NS 1. CLERK OF THE COURT ‘“°' ’

Case 1:07-cv-00637-JJF

Document 14

Filed 06/18/2008

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Case 1:07-cv-00637-JJF

Document 14

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