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


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Date: January 8, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cv—00429-GIVIS Document 1 1 Filed 01 /08/2008 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
C.A. No.07—429 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 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: December 19, 2007.
Date: V 9 rl D 7
W- C//xs /l/J. /(6/MQLE M)
Signature Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMON S i
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 object to the jurisdiction of the
omo the place to where the action has been brought.
3$fA_fdef~eIidant who waives service must within the time specified on the "Return of Waiver"
seged on plaintiff, if unrepresented or on plaintiffs attomey, a response to the Complaint
also file a signed copy of the response with the Court. If the answer or a motion is not
within this time, a default judgement may be taken against that defendant. By waiving
”"‘s;ervice;,;_a defendant is allowed more time to answer than if the summons had been actually
itifjlien the request for waiver of service was received. M O
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Case 1 :07-cv—OO429-GIVIS Document 11 Filed O1/08/2008 Page 2 of 2
U S De artment of Justice PROCESS RECEH I Al JD RE I URN
’ _ ‘ P ` _ See Instructions for ‘“Service of Process by the US. Marshal"
UH{I€d States Marshals SCTVICC on the reverse of this form.

PLAINTIFF M ;> . COURT CASE NUMBER I
ie a l Le ef @7* W ‘ <`e G s
DEFENDANT R J ) ¥ TYPE OF PROCESS
wqrcko ¤~ heel I/llCl/’)S ~ctl· Com !
NAME OF l DIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PRO ERTY TO EIZE OR CONDEMN
.. Kg/tdgl [ Hon/0,d· in Cacgccjigcgl .;L/t;lg‘l’g{]‘_]o;~,
· ADDRESS (Street or RFD, Apartment N0., City State and ZIP C _
AT Egej $'l'(€. lA/limi!} /),0/7 %
¥E'LI‘@EQ52£¥E’!2E QOBLTQ BIEQEEETEIUJ. EWE &’*@;*2DB*§§*§i!?X’;-| Numbc, of Proms to bc -
I-- 3 _ I served with this Form - 285
MIC/mi Lezq Q? » I
I Number of parties to be .»5
@9 X 6 I served in this case D
4 . IN
I I"/)L .):9/w E I lj g q Check for service
____....... .Q..T)-_.£ .._......... Q ...... { cm usa.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
glelephone Numbers, and Estimated 77mes Available For Service): Fold
ia
l:OF`/*'l Signature o Attorliey • other O ginat questing service on behalf of: HPLAINTIFF TELEPHONE NUMBER DATE , r
i * ( ’ ¢ 4 ' lj DEFENDANT 1 . @
- ¢L.4.n•1LJ -
SPACE BEIDW FOR US ’ OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS I
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serv / [
(Sign only Hrst USM 285 if more i\ ]/‘ ( _/
than one USM 285 is submitted) No. No. `
I hereby certify and retum that I E have personally served, have legal evidence of service, lj have executed as shown in "Remarks". the process described
on the individual, company, corporation, etc., at the address s own above or on the individual. company. corporation. etc, shown at the address inserted below.
U I hereby certify and retum that I am unable to locate the individual, company, corporation. ctc., named above (See remarks below)
Name and title of individual served (if not shown above) A pcrson of Sunablg age and dis-
El crction then residing in the defendants
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
rm? C3 pm
Signature gf l orfléeputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amtiunt 0t'R§;y§tj_i
(including endeavors) G; ` 1},
’ Q]?
REMARKS: W Ts`;
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64,/L. U @/4/ w
FORM USM-285 12/I5/80
Pm°:EE:g?l?NS 1. CLERK OF THE COURT ak" )