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


File Size: 369.0 kB
Pages: 2
Date: December 8, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 993 Words, 5,837 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/ded/8273/53.pdf

Download Waiver of Service Executed - District Court of Delaware ( 369.0 kB)


Preview Waiver of Service Executed - District Court of Delaware
T
Case 1:04-cv-00921-SLR Documentgi
ILS. sof .l1.1stjce OC . .
_ W _ ns¤fur‘?Se1¤wct:C—¤f=1Rimess¤by¤H2e ILS. ’llhmbal" K
‘ - i : e `M s &'·\71rC€ rrr ihe mar ararrr arm.
`—
PLAINTIFF _ COURT CASE NUMBER
l J r
L »<’/WS xxx wr·»a<:t/ ir /5 U "Cl9~ QTY
DEFENDANT 5 TYPE OF PROCESS
ea 2 . S?/77/775 ore com ,a,;,r·
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC.,TO SERVE OR DESCRIPTION OF PROP TYTO SEI * E OR CONDEMN
· I I {_t>c;—r\2‘z.)lO.·" I
ADDRESS (Street or RFD, Apartment Nu., City; rte and ZIP Code)
7 ` --"' ' { i
AT D€%d/a//7•€€— &>€’AV€-6 /OAM/{Six/GP AL; . . ¢J»¢l€/ S"? {M4! bf-4/99 7 7
EEHIUEIEQEEE SEEIISF. €9£`*’.T9 B'£’E“iTE*L’°E EWE .&"i9i*BDB'2**L*¥EOE* ; - I Number of process to be
- _ I i C/ G , I served with this Form - 285 lj
I cm? Ax;5 Al z Ar la/we ,» /,5 I
. __ 7•-· - I Number of parties to be Z
D /O/!’q/ I served in this case
I //%/./dC)4)/(’C{ lCheck for service
__ _____ _____,_______ ______ ___ __________________ ____:0n U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
Telephone Numbers, and Estimated Times Available Rv Service):
Fold Fold
Signature of Attorney or othq Origina r r requesting service on behalf ot`: H PLMNTIFF TELEPHONE NUMBER DATE
L/),,r. r , ` /,1;; Q DEPENDANT Af ·· ?··O 5-
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total "lbtal Process District District Signature oiAt1tht¤rirctl USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve
(Sign only first USM 285 if more .·{·
than one USM 285 is subrnitted) No. No. I ES
l hereby certify and return that I have personally sgvied, Elaave legal evidence of service, [I have executed as shown in "Remarks". the process described
on the individual, company, corporation, etc., at the addre s shown above or on the individual. company. corporation. cte.. shown at the address inserted below,
lj I hereby certify and return that l am unable to locate the individual, company, corporation, ctc., named above (Sec remarks below)
Name and title of individual served (il` not shown above) J ul T C A pm-mn gf Suitgblg argc and dt;-
Q I ‘ I--— L— I I U cretion then residing in tht: del`endant`s
I ""W " " " ‘ "" · ·· usual placc ul` abutle,
Address (complete only it"different than shown above) { I Date 0i` Service Time am
I C n Q ‘
I z C I ifi ` 0 5 pm
I I- - A A . _, Signature of . Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to US. Marshal or Amount of Refund
(including endeavors)
REMARKS:
FORM USM-285 DJIS/80
P¤°gEEgggg~5 1. CLERK or me count me *

Case 1:04-cv-00921-SLR Document 53 Filed 12/08/200_5; Page 2 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.04-921 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 ofthe
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: November l7, 2005.
DEIECIZV (lr lac I., ,5?g`(lg_-Fd
/(/~g· ·,gar;‘ /;·/“. 7; Vg? K//inte { fi; is m?'r¤i’f*Q
Si gnature 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 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 defendanfs 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
Court or to the place to where the action has been brought.
A defendant who waives service must within the time specified on the "Rcturn 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
served within this time, a defaultjudgement 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.