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


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Date: January 29, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :07—cv—00476-GIVIS Document 27 Filed 01/29/2008 f5%1>ot? _
i it W7
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—476 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 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 ofthe 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: January 15 , 2008.
Date: Iz} 3 iff
-..1/_i·”·L! S - c‘U”V’l l-
Signature of Defendant Print d or Typed Name
DUTY TO AVOID UN NECESSARY 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
j on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
such sewice 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 as
relating to the summons or the service of summons, and may later object to the jurisdicti@of;¢}f;:t;,
Court or to the place to where the action has been brought. gg .°%?‘
A defendant who waives service must within the time specified on the "Retum of Waivi @$,1
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Com intaagggz
and must also file a signed copy of the response with the Court. If the answer or a motion ffnotgifiié
served within this time, a default judgement may be taken againstthat defendant, By waivig n
service, a defendant is allowed more time to answer than if the summons had been actuallym i
served when the request for waiver of service was received. ?;T,%
O`\ iw:

7
Case 1 :07—cv—00476-GIVIS Document 27 Filed 01/29/2008 Page 2 of 2
U S Department of Justice PROCESS RECEIPT M JD REIURN
‘ _ ' L _ See Instructions for "Service of Process by the U.S. Marshal"
United States Marshals Service on me mesa of this rum.

PLAINTI O _ l \ it y V COURT CASE NUMBER
ii ‘ A . A z - " .. ·
in 1:. K~ u , Il - ile- ttl
DEFENDANT _ _ TYPE OF PROC
\n as Qui Be _ L v•...
SERVE NAME OEI DIVIDUAL, COMPANYQ CORPO TION, ETC., TO SERVE OR DES RIPTION OFPROPERTY TO SEIZE OR CONDEMN
» A. Ll .\ I "¤ mi VL) a\___ _ ‘ l
ADDRESS (Street or RFID, Apartment 0. 54 State and ZlP Code) .
. . A 1 · v i'* ‘* ·
AT \iL! \ .. -. . \ Lean Q-!
QEEQAQEEBE SEWER QOEYJQ BEQESTEILE EEE &l`£).€*ED.BE—$£lEJ@K* | Number ur process tu be _
L 7 \ { Q ? Iserved with this Form » 285 ·
I filet) S . Sim · . .
E I Number of parties to be
I served in this case V
| ( li\xsb9Zt "° E;
I Check for service Q QQ
______________________________________ ' uu U.S.A. *==• $’,;.·s; A
l :3-_;“r
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business aud Aiienm ,4%;,gs, All
Telephone Numbers, and Estimated Times Available For Service): fg; ‘ "'2 ‘
rum `D C>w·~· ruin
- *·I·;;;{"’ .._
an--tm
:¤¤ t=*irr.:€3
ZE .;‘5
se
cn E
· uuiuss uml . service on baiuitut; _ TELEPHONE NUMBER DATE
. .. · ~ \ IE LAINTIEF p
I] DEFENDANT /0
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- DO NOT WRITE BELOW THIS LINE
I acknowledge recei t for the total Total Process District District Signaturc of Authorized USMS Deputy or Clerk Date
number of process indicated. , of Origin to Serve f {
(Sign only first USM zss if mum ‘ ( p — _. / » { g
than one USM 285 is submitted) No. { No, _L ' · gp
Ihereby certify and retum that I [I have personally served, § havc legal evidcnce of service, E have executed as shown in "Remarks", the process described
on the individual, company, corporation. etc., at the address Shown above or on the individual, company, corporation, etc., shown at the address inserted below.
E I hereby certify and retum that I am unable to locate thc individual, company, corporation, etc., named above {Sec remarks below)
me and title of individual served (if not shown above) A person of suitable age and dis—
E cretion then residing in the defendant`s
usual place of abode.
Address (complete only if different than shown above) Datc of Service Time am
(/ Og Pm
Signature ti- arshal or Deputy
Service Fee ‘ Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U,S. Marsh l or Amount of Refund
( including endeavotts) ·
REMARKS: __ l
IM Cxsxxf ji/Af

**10* E"""°NS 1 CLERK or THE COURT “°'“' “S’“·”5 me- '”“"“’
MAY BE USED '