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


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Date: January 7, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv—OO505-SLR Document 12 Filed O1/07/2008 Page 1 of 2
Q CQV7
(3 A 0 7- Q RETURN OF WAIVER OF SERVICE OF SUMMONS
l I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.07-505 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 ofthe 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 l 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 ofthe 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 6{B days after: December 19. 2007.
D : $9 ?
f-
\_, J ALrw2r C éaaaeer
Siggeiture of Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 ofthe 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 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
j 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. 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 :07-cv—OO505-SLR Document 12 Filed O1/07/2008 Page 2 of 2
U S DB ,.t 1: J - PROCESS RECEIPT AND RETURN
. . pas ment 0 ustice . .. . ,.
, _ See Instructions for Service of Process by the U.S. Marshal
UHllQ€d STEITBS Marshals SCTVICC on the reverse of this form.

PLAINTIFF l COURT CASE NUMBER I E P __
DEFENDANT ` N TYPE OF PROCESS
" . K ir a- . It Ut lée E reel he I
NAM OF I DIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPRO ERTYTO SEIZE OR CONDEMN
» . ‘ ··‘`' g - 4 1 it ..4’ lL¤i l r
ADDRESS (Street or RFD, Apartment No., City; St te and ZIP Code)
AT QLIS I, » - a M J De., .Tl@Ll·
E§'Ll`@E€‘E=.9£ EBYEE QOBYJQ B[1l’!E£lE'L’:.'E EWS él`@.’}2DBE$.l2E';0E;-| Number D; pmm, .0 bg 1
I—— _% I served with this Form - 285
L S Kevt A t>.e<_gy>~<` . E7?.} t . I
y {Number of parties to be
VC? t served in this case ` § ·
- I - l.Check for service -
__________ __ ______ ______;_______ _____ _ _____ :0n U.S.A. M
_ SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
ggephone Numbers, and Estimated Times Available Hit Service): `
E _ A _ s L tem
./éfmee ?gt,tJQe<`*t$ t I t
_ Signature of A rney orother Originator requesting service on behalf of: 7], L INTIFF TELEPHONE NUMBER U DATE
, Q _ ,_ V I] DEFENDANT C;
SPACE BELOW FOR S A OF U.S. MARS}-IAL ONLY —DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District I District Signature of Authorized USMS Deputy or Clerk Dale
number of process indicated. of Origin to Serve /
(Sign only Hist USM 285 if more ./` · - ’ /{ 5 /
than one USM 285 is submitted) K No, I 2 No. TL ’
I hereby certify and return that I [I have personally served, ghave legal evidence of service, I] have executed as shown in "Remarks", the proeess described
on the individual, eompany, corporation, etc., at the addres s own above or on the individual, company. corporation, etc., shown `at tht: address inserted below.
I hereb eertif and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)
I] it y
Name and title of individual se ed (if not shown above) A pc,-Sun of guuablg age and djs-
lj cretion then residing in the defendant‘s
_ usual place of abode.
Address (complete only if ditTerent than shown above) Date of Service Time am
’ Al Z It pm
Signature 0 U, .;arshal or Deputy
Se ice Fee _ _ Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Maits or Amount of Refund
(inelucling endeavors)
REMARKS: K l
ltdbb l U0/ .q L- wtf im
WE :6 R Lglfl
.. title. in
l '§`$`dl$‘m:y;3il_éAl¢$€l lgn lm?}
. 3 I _
.&_‘t—ii`\G°3 **5 gytt:1
F RM USM-285 (Rem 12I15l80)
;§:EE$gE'£NS 1. CLERK OF THE COURT O

Case 1:07-cv-00505-SLR

Document 12

Filed 01/07/2008

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Case 1:07-cv-00505-SLR

Document 12

Filed 01/07/2008

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