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

Case 1 :06-cv-00787-Gl\/IS Document 10 Filed 06/06/2007 Page 1 of 2
RETURN OF WAIVER OF SERVICE OF SUMMONS
l acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.06—78'7 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. l 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 behalfl am
acting if ‘a response is not served and tiled within 60 days after: May 10-, 2007. .
Date: Pl 0 . I ·
. mc. ih /“%seaact@ ag, g
Si 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 ofthe 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 aparty 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 ofthe action or over defendanfs 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 hasbeen brought.
A defendant who waives service must -within the time specitiedon the "Return of Waiver"
‘ form served on plaintiff if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile a signed copy of the response with the Court. lf 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 1:06-cv-00787-Gl\/IS Document 10 Filed 06/06/2007 Page 2 of 2
U S De artment of Justice PROCESS "ECE“ I M ID REI Um 1
‘ _ ' p * _ See Instructions for "Service of Process by the U.S. Marshal“
IUIIIICCI States IVIEl1`SI`lB.IS S€I`VlC€ on the reverse of this form.

PLAINTIFF l COURT CASE NUMBER
Q M ; Q
x raw Z Mx - EIC iv.l.l¤. t.·»— 7-6-1*45
DEFENDANT C . 6 TYPE OF PROCESS G
ebeeca • . ol u O2;/ I ém ainf
NAME OF INDIVIDUAL, CO PANXQ CORPORATION, ETC., TO SERVE OR DESCRIPTION OF P PERTY TO S ’ ZE OR CONDEMN ,
. · _ o ¤ _
» I I ‘CE. MC 5 cl ` _. _‘{ _•,, 0 . ;_. Rd u €,£\II5c’lz
ADDRESS (Streetor RFD, Ap ment N ., City State and ZIP Code)
AT 3/ 03-J, {Sm jZNR_ ’I>£I2.LJ3-‘Q'E-
.·§§§.lLl*£’.U‘25.9ESiiE’}SE QOBYJE2 .5 .E.§.T.E'L’£ ENE &@.§2DBE§i'£€EOE;-i Number of Proms to be .
` I served with this Form - 285 ` 0
·a —··‘ ¤ N 5
. I Iilillnam l.SmiI£.I2m1: I
/65: A;/8 tif 2 |Number of parties to be ___.- V
[served III IIIIIS CHSC / R £
o · ~ I 5
I Eu? Ci¢ltS'li/E . £l3¤.»B:2€, - · - -
' °7 Q ¢ I Check for service .
_____________________ _______ _____________ __: on U.S.A. _ _ _ _
SPECIAL INSTRUCI`IONS· OR OTIPIER INFORMATION THAT WILL ASSIST IN EXPEDITINGSERVICE (Include Business and Alternate Addresses,.All_ -
gllephone Numbers, and Estimated limes Available For Service): - U ` . FDM
n ` - f · h O " rtl! ' ' beh If t`: - I · . _ TELEPHONE NUMBER DATE l -
f ignaru I 0 omegéor or r n tnat stmg service on a o E LMNTIFF 30a`) . - J .
JJ A /} ., [hl . ‘*¤-.‘=¤==· [QIDEFENDANT Y/?"00V/ - ,j ,2 07
` . / L I . ` _
SPACE BELOW F I R USE OF U.S. MARSHAL ONLY -- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk l Date
number of process indicated. of Origin to Serve ` _
(Sign only first USM 285 if more J' g//0/O
than one USM 285 is submitted) No. _ No. _;,..
I hereby certify and return that I [I have personally served, ta have legal evidence of service, E have executed as shown in "Rernarks", the process described
on the individual, company, corporation, etc., at the addres s own above or on the individual. company, corporation, etc., shown `at the address inserted below.
Iii I hereby certify and return that I arn unable to locate the individual, company, corporation, ctc., named above (See remarks below)
Name and title of individual served (if not shown above) A person of suitable age and clis·
I] cretion then residing in the defendant’s `
usual place of abode.
Address (complete only ifditierent than shown above) Date of Service Time am
‘ l ` a 'J/Zi D', pm
Signature of Marshal or Deputy
Service Fee j Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund.
(including endeavors) -
REMARKS: L`!
PRIOR EDITIONS - · ` . FORM USM-285 (Rex I2/I5/80)
MAY BE USED 1. CLERK OF THE COURT