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


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Date: August 20, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :08-cv-00060-SLR Document 16 Filed 08/20/2008 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.Q§;@}_ 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 tiled within 60 days after: July 2l, 2008.
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Date: gg ly
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Signafur Defendant Printed or Typed. Name G;)
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DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS §
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in savigg
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 defendants 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 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 "Return 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 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 1:08-cv-00060-SLR Document 16 Filed 08/20/2008 Page 2 of 2
U S De attment of Justice PROCESS RECEIPT Mm REILRN
' _ ° P ` _ See Instructions for ‘“Service of Process by the U.S. Marshal"
Umted States Marshals Service on the reverse arms form.

PLAINTIFF V COURT CASE NUMBER /1 _ .·)
. rw Ze V. r:~··~. . e /
Ll J L, wl; » \ S )¤··~K
D FE ANT X \ TYPE OF PROCESS_ f
‘» \" ` ~ * ”“ view
u-; _,· . l2~-· NAME OF IND IDUAL, COMPAN , CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
" r` .» .. ` , kc ` \` , <· ` *7 `
· IV gl gljlllxxfxgiEe..>Q;g)ll§—€
ADDRESS (Sgeeg or RFD, Apartment No., City State arid ZIP Code)
‘%#’ “
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._ » · r—\ >. `l — · rj A V U A D
AT\~ 2l»t%£$t ,1 ; .. .
EEEIDEEQPPE QEEYEE QO.'1Y.T.Q EEQEEETEILE EWE él‘@.£\P.DB*§i'?·ELOl’;..| Number er preeess re be
* r ’ ‘ _ ` Iserved with this Fom1 - 285
| Cj?) u we H L. bzecfi _
Ly CU (A V)? {Number of panics to be y
V ' \ (v_ " . — . Iserved in this case
Dv t lm/`\\I(\,aC7KT(;;I\: Ei _
I } lCheck for service
______________________________________ Q on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
[Telephone Numbers, and Estimated Times Available For Service): F0
tu ia
D "ii, · .C`
cj) {Agri Cf IZ. ll r.> ~<..
Signature of! ttomey or other Originator requestin service on behalf pf: pl LAINTIFF TELEPHONE NUMBER DATE
_ ` i l` I ‘ . _ f` DANT — Qqize {4; E! [bg ,~; § gg
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BEIDW THIS LINE
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 Serve l/I QA ./ `/2 _
(Sign only hrst USM 285 if more 1- ` ( T i /» { s / /s(
than one USM 285 is submitted) No. i’_;_ No. Q `
I hereby certify and return that I lj have personallyserved, %'ave legal evidence of service, [l have executed as shown in "Remarks", the process described
on the individual, company. corporation, etc., at thc addre 1 shown above or on the individual, company. corporation, etc., shown `at the address inserted below.
lil I hereby certify and retum that I am unable to locate thc individual. company, corporation. ctc., named above (See remarks below)
Name and title of individual served (if not shown above) A pgrggn gf Suir;rb|e age and dj;.
lj cretion then residing in the defendant`s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
• s ll li P"`
Sig ature of U,S/ Marshal or Deputy
,9/** ‘/a
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
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PRIOR EDITIONS 1 CLERK F TH FORM USM-285 (Rev. I2/I5/80)
MAY BE USED ' O E COURT

Case 1:08-cv-00060-SLR

Document 16

Filed 08/20/2008

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Case 1:08-cv-00060-SLR

Document 16

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