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


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Date: August 29, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :05—cv—00033-GIVIS Document 32 Filed 08/29/2007 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.05-33 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 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: August 21, 2007.
Date: jgé 2
Signatt.u·@`/Defendant Printed or Typed Name N 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 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 cau-se 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 obj ect to the jurisdiction of the
‘ Court or to the placeto where thejaction has been brought. E I
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 1:05—cv—00033-Gl\/IS Document 32 Filed 08/29/2007 Page 2 of 2
U S De attment of Justice PROCESS RECEIPT M ID RE I URN
' _ ' P “ _ See Instructions for "Service of Process by the US. Marshal"
UH1I€d States Marshals S€l`VlCC on the reverse of this form.

PLAINTIFF COURT CASE NUMBER
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DEFENDANT TYPE OF PROCESS
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SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
» i>l?.i3t,.;»,idt“E Lgggjr EC fl iggjg i Q :2 gf E [
ADDRESS (Street or RFD, Apartment N0., City State and ZIP Code)
AT l .... e R L .I*~1' :..a I Sci`!
EEEEUEEBEEEEE £O3Y..T9. BE2l.LE§.T£*T~.—‘E EEVLE .el`l).;*E')i’~*1§§.'i'§'.£)1V; .. I Numbc, gf ,,,,,,,.;,,5 I., be
I—— J6 Qarggxjgytgr 3{dj {{1*) Iserved with this Form - 285
MSI P».sdeic>e|A Rd ,
__ _ INumber of parties to be
.S""°I‘*’f`r'lé] bl. Iserved in this CBBC IL
ICheck for service
______ _? ______________ _ ___________ _, ____ } on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gglephone Numbers, and Estimated 'Ilmes Available For Service): F M
d n
S' ; l t re torney r other O ` · tor requesting scrvice on behalf of: (`INTIFF TELEPHONE NUMBER DATE
n - ` { ij U DEFENDANT Ti Z! [(37
" A 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 Clcrk Date
number of process indicated. of Origin to Serve
(Sign only first USM 285 if more
than one USM 285 is submitted) No. ___ No. _; .;.;_. .;.
I hereby certify and return that I lj have personally served, II have legal evidence of service [I have executed as showtt in "Remarks", the process described
on the individual, company, corporation, etc., at the address own above or on the individual. company, corporation, etc., shown ’at the address inserted below.
[I I hereby certify and return that I am uttable to locate the individual, company, corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) A pc,-SOI, Dr suimbic age and dis-
D cretion then residing in the defendant’s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
UU, tt 3 pm
Signature o§ rshal or Deputy p
Service Fee _ Total Mileage Charges Forw rding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or l Amount of Refun
Uncluding endeavors)
REMARKS: I _ H n

PRIOR EDITIONS 1 FORM USM-285 (Rn 11/I5/80)
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