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


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Date: January 14, 2008
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State: Delaware
Category: District Court of Delaware
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‘ Case 1 :07—cv—00429-GIVIS Document 14 Filed 01/14/2008 Page 1 of 2
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RETURN OF WAIVER OF SERVICE OF SUMMONS
_ I acknowledge receipt of the request that I can waive service of summons in the matter of
CA. No.07—429 in the United States District of Delaware. I have also received a copy of the i
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 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 tiled within 60 days after: December 19, 2007.
Date: 7 {F3
S` nature of Defendant Printed or Typed Name
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 notiiied 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 de_fendant's person or property. A
- f jd t nr · _ -i { usp `r· A f surnrnons retains all defenses and objections, except any `
relating to the summons or theserviceof summons, and may later object to the jurisdiction ofthe
Court or to the place to where the action has been brought. .
A defendant who waives service must within the time specified on the "Retum 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
H served within this time,_a default j@gement may be taken gggainst 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—00429-GIVIS Document 14 Filed 01/14/2008 Page 2 of 2
U S D f J - PROCESS RECEIPT AND RETURN
. . epartment 0 usttce . . .i . . .,
_ _ See Instructions for Service of Process by the US. Marshal
United States Marshals Service on the reverse of me am.

PLAINTIFF m 6 ‘ I COURT CASE NUMBER I
I I ILT ii U -.ts_ Cn} 7"" df ! "" "
DEFENDAIQ R 1 TYPE OF PROCESS
. _ T ` . s
wor fo ·.~ l mb @‘l'~ <1I~ Co/>#i· _.
NAME ·| F INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROP TY TO SEIZE OR CONDEMN
» -.\€·—m€§ weld;] D€@r`l'/*7t·_xi.‘l' of C;.@{`¢CCZ-flag g -
ADDRESS (Street or RED, Apartment N0., City State and ZIP Code) ‘
eo M to J D ID I
AT Q5/.> g 56 Rea, ever E lC1Ctc‘;:>‘1’
§'?§.[L*`@I!(.1€2£E*§’E?E9O£Y.T9 E'—1JEEéTE*L·°£EE*E’IEé’iL°;*2DB*§iI£3Q&’;-| Numb., of 1,,.,...5 to bg _ 1
F b _ I . · I served with this Form - 285
I l IC,I`tC».,€_h IN I. A ·
I umber of parties to be 3
· V d in this case
PIO V Iserve
" ri I) · .
I IChcck for service \/G
_ _____________ Q _____ ___ _________________ : on U.S.A. V _ I
SPECIAL INSTRUCTIONS OR OTHER INFORMATION TI-IAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
Flgitlephone Numbers, and Estimated Times Available,For Service): 4 , FD-
. _ V - - Id
. E P ~- .9 ‘ . __ i
0 C fr? Ck QU? Q/l I 5" `
SISFIHIUFB 0f·AIl0mt`2/ Ur • er O girtato requesting service gn behalf gf; £PLAINTlFF TELEPHONE NUMBER l DATE U '
U . f l _‘.`; ' [I DEFENDANT 7 __ g
SPAC 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 Date
number of pnoeess indicated. of Origin . to Serve
rslga only set usivt zss tr mm \ / / [ / @*2-
than one USM 285 is submitted) No. No. _
I hereby certify and retum that I E have personally served,E have legal evidence of scrviec, [I have executed as shown in "Remarks", the process described
on the individual, company, corporation, ete., at the address shown above or on the individual, company, corporation, etc., shown `at the address inserted below
lj I hereb certif and retum that I am unable to locate the individual, company, corporation, etc., named above (Sec remarks below)
Y it
Name and title of indiv idu l 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 nly if different than shown above) Dat of Se vice Time am
. ... l 7 Ill Pm
i - . ' V. - Sigrtatur of..I.l.S», Marshal or Deputy E
Service Fec ( T tal Mileage Charges Forwarding-Fee Total Charges Advance Deposits l Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) `
REMARKS: . ( " E" E.Â¥E~
,.:` r :.5 ·l,, J
,_._. » Ei Q"; Eiliiii W
‘

FORM USM-285 . 12/15/80
Pm°:EE3;g?NS 1. CLERK OF THE COURT (R" )