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


File Size: 406.3 kB
Pages: 2
Date: January 12, 2006
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 1,002 Words, 5,939 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/ded/35269/8.pdf

Download Waiver of Service Executed - District Court of Delaware ( 406.3 kB)


Preview Waiver of Service Executed - District Court of Delaware
Case 1:05-cv-00568-SLR Document 8 Filed O1/12/2006 Page 1 of 2
U S De a·tment of Justice PROCESS RECEH I M ID REI Ulm
' _' P ‘ ` _ See Instructions for ".S`ervice of Process by the U.S. Marshal"
United States Marshals Service on me reverse ot` were term.
`
PLAINTIFF COURT CASE NUMBER
·t*t S. e Ie. a n., ‘ -.¤.—
DEFENDANT ` TYPE OF PROCESS
· ‘ cg lr ut F e*·`# il/I "O
SERVE NAME OF INDIVIDU L, COMPANY, CORPORATION. ETC., TOSE VE OR DESCRIPTION OF PROPERTYTO SEIZE OR CONDEMN
» Qgqig, rmgg lgggvimegi g£ (I QQQQQ QIIQ/A2.
ADDRESS (Street or R D, Apartment No., City, State and ZIP Code)
AT `5 if - i t I ‘/ Ol-·
§iE'L*i9E€!€9£?i€’E’1€EQ0£LTQB*—E£’ELE£T§*L"£E#£"§£"£°;°*2l’.E§$;*E!’L‘”;.-|Number er process to be
F- Iscrved with this Form - 285 é
Iefeh px - Gm; l r ·
1 . mfr,} :Number of panics to be cv ¢'I(J'$¤’ @0,2,
I Iserved in this case p·)L~t?ybL» /Cx/Ep
3} = ( C
I ° in W I { I Ifjheck for service '
_____ _____ _____ _____ __ ______ ___ _____________ __:on U.S.A. Q
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gglllephone Numbers, and Estimated 'limcs Available For Service): ‘ ’ r-rr .. __ _ it FDM
Y. I I §""·r 5. ,_ 1 _ G i t
I rr In C -..
A in- _ _ _·
l_$ ZC _ { TPM/in
: °` L¤.z<_,
Signature of Attomey or other Originator requesting service on behalf of: .. INTlFé_ TELEPHONE NUMBER DATE
.24 - f.....•r4.·.··• Ei DEFENDANT gan; ttj3gI>,5

SPACE BELOW FOR 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 Date
number of process indicated. of Origin to Serve
(Sign only first USM 285 it` more , · J ;3
than one USM 285 is submitted) No. No. D __
I hereby certify and retum that I I] have personally served. E have legal evidence of service. I] have executed as shown in "Remarks". the process described
on the individual, company, corporation. ctc., at the addre s s own above or on the individual, company. corporation, etc., shown `at the address inserted below.
ij I hereby certify and return that I am unable to locate the individual, company. corporation. etc.. named ahove (See rcniarks below)
Name and title of individual served (it" not shown above) A person of eujmbtc age and (355-
EI cretion then residing in the delendartt`s
usual place of abode.
Address (complete only it`diit'erent than shown above) Date of Service Time am
[ \
. U P"'
Signature of U.S. Marshal or Deputy
/ .
- 1 ;_
Service Fee Total Mileage Charges Forwarding Fee Fatal Charges Advance Deposits Amount owed to U.S. M rshal or Amount of Refund
(including endea vous)
REMARKS:
***0* EDITIONS 1 cttztnc or me count “"“' “S*”·”’ °'°* '”'5"'”
MAY ma usttn '

Case 1:05-cv-00568-SLR Document 8 Filed O1/12/2006 Page'2 ofJ2 N j _
Corporate/Entity Defendant .
‘ . . .- \
RETURN OF WAIVER OF SERVICE OF SUMMONS . U L ~
I acknowledge receipt of the request that I can waive service of summons in the matter of C.A.
No.05-568 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 the entity on whose behalf I am acting be served with judicial process in the
manner provided by Rule 4.
The entity on whose behalf I am acting 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: January 3 2006.
Date: J6
p .r lng
Signature of :£? dant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUNIMONS
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 ofa 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.
lt is not good cause for a failure to waive senrice 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 "Return of Waiver" form
senxed on plaintiff, if unrepresented or on plaintiff‘s attorney, a response to the Complaint and
must also file 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
senrice, a defendant is allowed more time to answer than if the summons had been actually
senred when the request for waiver of service was received.