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


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Date: January 25, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv—00504-SLR Document 25 Filed 01 /25/2008 Page 1 of 2
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—504 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 i
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: Januarv 15, 2008.
Date/;l_ fl {9%%} l I _
Urea? eaaewr- i
Sigfature of Defendant Printed or Typed Name p .
I 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
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 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 urrrepresented 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—O0504-SLR Document 25 Filed O1/25/2008 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT M in REI URN
' _ ' P ` _ See Instructions for "Service of Process by the US. Marshal"
Untted States Marshals Servtce on me reverie of me rnnn.
PLAINTIFFM _ COURT CASE NUMBER
QQ I A cé@l/ZEE C4 J 7- ¤ 24-l=-•l·‘·r
DEFENDANT I TYPE OF PROCE .
W · _ -F I =‘ .
E- cf at a .me ,» , I
SERVE NAME OF INDIVIDUAL, CO PANY, CO5PORATION, ETC., TO SERVE OR DESCRIPTION OFPR ERTY TO EIZE OR CONDEMN
» J //77 étjéi Cfmé @/EKTUE GF /~/EPILZ" Et? t/I L-E5
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT HIQYCLI /33/64$‘/J"' 57*1 wr/M, DE /95*69
§EE‘2.l`l9.E€§2E. EBYEE QOELTQ BEPEEETEEE SWE £*‘3P.tl£’.D.‘S*éE*§.**¥.$l:.OEL. ..t Number of process to be
r" fr 5, lserved with this Fam - 235
DGGQ :Number of panics to be
- ’ served in this case
N 5*/ fghmdék FMD ‘
I . t ‘ ICheck for service ..g
5 l · Q / 7 ' Us A E
__._...... /Ky/E UE.; 5:.... - .......... I on . - - _ gl
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Aire e -7 ses, Ati
Telephone Numbers, and Estimated 'Umes Available For Service): L- Rc:
esta ;~,t:¤ mb., ten
._.. m __-,5. -‘[E ..-.
· U1 -\
D U ’ ( EASE '° RET
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za'. gi`;
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Signature o ttomey or other Originato requestin service on behalf of: %,LAINTIFF TELEPHONE NUMBER DATE
_ _ ” gy] A ojy] lj DEFENDANT MBZ (T7
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District Distr ct Signature of Authorized USMS Deputy or Clerk l Date
number of process indicated, of Origin to Serve I X- A _ { _
(Sign only tirst USM 285 if more I , ¤ X
than one USM 285 is submitted) No. t No. ._..._+ ` IZ .__..._ O
I hereby certify and retum that I lj have personally servedx have legal evidence of service, lj have executed as shown in "Remarks", the process described
on thc individual, company, corporation, etc., at the addres. ihown above or on the individual. company, corporation, etc., shown ’at thc address inserted belovtt
lj I hereby certify and rctum that I am unable to locate the individual, company. corporation. etc., named above {See remarks below)
Name an title of individual served (lf not shown above) A person of suitable age and dis-
lj cretion then residing in the defendants
usual place of abode.
ddress (complete only if different than shown above) Date of Service Time am
\ I • I pm
Signatur of .S. a shal or Deputy
7
I I
. . . rr
Service Fee _ Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) ·
REMARKS; \l _ I

FORM USM-285 . l2fI5/80
{'§*_?§_.E2f§{?NS 1. CLERK OF THE COURT m" )

Case 1:07-cv-00504-SLR

Document 25

Filed 01/25/2008

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Case 1:07-cv-00504-SLR

Document 25

Filed 01/25/2008

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