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

Case 1:06-cv—00442-SLR Document 16 Filed 11/22/2006 Pager.1 gt2i _; L yl, Lf
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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.06-442 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 ofthe Order ofthe 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 ofthe 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: October 18, 2006.
Date: r'/{QC QC
@ ,4 Z/L /’/bags; (Q`. Q
Signature of Defendant Printed or Typed Name i
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 todo 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 ofthe action or over defendant's person or property. A
defendant who waives service of sum1nons retains all defenses and objections, except any G
relating to the summons or the service of summons, and may later object to the jurisdictiozgf
Court or tothe place to where the action has been brought. Q
A defendant who waives service must within the time specified on the "Return of Waiveg
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Comp@ntgg§;
and must also tile 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 waivi§
service, a defendant is allowed more time to answer than if the summons had been actuallytéf ’;"’§<__3
served when the request for waiver of service was received. E ¥?{§
——··i

I Case 1:06-cv—00442-SLR Document 16 Filed 11/22/2006 Page 2 of 2
U S De artment of J ustiee PROCESS RECEIPT M ID RETURN
' _ ’ p * ` _ See Instructions for "Service of Process by the U.S. Marshal"
United States Marshals Service on rar- reverse of rtrir form.
PLAINTIFF I COURT CASE NUMBER
Nelson Lora—Pena 1:06-cv—£t!r2
DEFENDANT TYPE OF PROCESS
State Police Trooper Hahn Civil Action
SERVE NAME OF lNDIVIDUAL, COMPANY, CORPORATION. ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
State Police Trooper I-Ialm
» ADDRESS (Street or RFD, Apartment No., Cty State and ZIP Code)
AT 820 N. French Street, Wilmington, DE 19801
EEILAQEEBE EEE?. QODLT2 BIEPILEETEIL/E EAEAE AAQAQIEESEIEEOE L. .. I Number of process to be
I served with this Form - 285
I Nelson Lora-Pena, ]ZD#O3883—070 I -
U,S,P_ (:31133]] |Number of parties to be
Pest; Office Box 300 assed *·= this as
Waytnart, Pa. 18472
I ICheck for service
______________________________________ : 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): Fwd
arm
ATTORNEY OF THE STATE OF DELAWARE
Signa ure of · tomey or oth riginator requesting service on behalf of: AINTIFF TELEPHONE NUMBER DATE I
• I- . l` . ' - A EI DEFENDANT IO ID DO
L -¤—·¤· I _
SPACE BEIJOW 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 ` r
(Sign only first USM 285 if more :* `
than one USM 285 is submitted) No. __ No. _ ` I
I hereby certify and returu that I I] have personally served. have legal evidence of service. I] have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the address wo above or on the individual. company. corporation. etc., shown'at the address inserted belovtt
III I hereby certify and retum that I am unable to locate the individual, company. corporation, ctc., named above (See remarks below)
Name and ti tle of individual served (if not shown above) I E A person of suitable age and dis- I
cretion then residing in the defendant’s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
IMI lp O L vm
Signature of U.S. Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits I Amount owed to U.S. Marshal or Atnou t of Refu d
(including endeavors) ‘
REMARKS:
hontvw {Athi/v/v~#I
PRIOR EDITIONS 1 FORM USM-285 (Rev. l2fl5l8{I)
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