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


File Size: 132.4 kB
Pages: 2
Date: December 6, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 961 Words, 5,850 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/ded/8273/46.pdf

Download Waiver of Service Executed - District Court of Delaware ( 132.4 kB)


Preview Waiver of Service Executed - District Court of Delaware
__ Case 1:04-cv—OO921—SLR Document 4l§R0(l::g<§ D€pa*ftm€nt Of 'IUSUCB _ Sec Instructions for "Service of Process by the U.S. Marshal"
Untted States Marshals Service tm the mem- of this form.

PLAINTIFE g, _ / COURT CASE NUMBER
EM L .. is x/A5 OLl’°lP~l
DEFENDANT TYPE OF PROCE S _
__ I _:, __ —-· " ` O16:/EZ GO/W /4/N!
NAME OF INDIVIDUAL. COMPANY, CORPORATION. ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO S ZE OR CONDEMN
Â¥
· 4 g€Q7£Ax.4M7" Zgrlg-F-,g£é?
ADDRESS (Street or RFD. Apartment No,. City Stare and ZIP Code)
AT D6'44h//?¢’6' &><’ié’6'C’77L3 1vA/ //QW P4qM,e { /{,0,1;/S/W /7/A Def/99 77
E€§[Ll`L@‘2€.9E §l§*'lCE9O£Y.T2 BEQEEETEKE NNE £l*@;°*EDL*ll`·ll?.*}.l£?’! L -| Number of process to bc
{ I ` ' · ' · _ Iserved with this Form - 285 t E
I MJKN/S ZI//¤/i"·/OC‘C/ g//45
- I .
. .i.. -;.-. -.,. » i.`—- [ 7— . iN··m*>=* 0* PMS =¤ bc
, 6- g = -M5`:-F ,, J 62 I Served in this casc
I { Ichgck for service
______________________________________ I tm u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
ggiephene Numbers, and Estimated Times Available Rxr Service): RM
r'
I/i’·’P€€ &"i"6-
Ing of Atgrncysr 0 her Ori inatoillrequesting service on behalf of: MPLAINTIFF TELEPHONE NUMBER DATE
, j _ »” lj DEFENDANT /l/{24 _ //·‘ Y"O 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 Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin
(Sign only first USM 285 if more { Q [
than one USM 285 is submitted) No. _ ‘ ·· j s,
[ hcl-Cb): Cc]-tif), and mtuyn thai [ Cl haw: I hayc lggnl Qxcgulcd :15 $l'|()WI’t ll'] "R¢|‘I13FI&$". II'1C [LITOCCSS (ICSCI'II)€(I
on the individual. company. corporation, ete.. own above ·‘ l’ it J any. corporation, etc- shown ht the address inserted below.
Cl I hereby certify and return that I ain unalile to locate the individual, cnrporatisin. ete.. named above (Sec below)
Name and title of individual served (il not shown above) r_ A pcrggn gf ’ ’ dye.
Ll cretion then I%!®`endant`s
usual place _ ;1bOclc.
Address (complett.· only Wdiffsrent tliart shown above} Date of Hrvice `Ilme am
\ I pm
an Marshal or Deputy
` ·=. ·
· M _ I <2i3?‘“’ ¤+u i w
Service Fee · Total Mileage Forwarding Fee Total Advance Deposits Amount owed to I arshal or ` - t ol`Refund
(including endtmnmg ml W _ -

REI\°I.(\RI‘{SZ . J;
*3 ; - IQ . -‘ \ f'\.; ol ,L ;é_f§
.r‘
N
*¤*°gE¤g;{*gNS 1. ctmztc or rm; count "°'“* "S*“·”* tm mm

. i Case 1:04-cv—00921—SLR Document 46 Filed 12/06/2005 _ tlgagez of@Uy 7
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.04-921 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, 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 filed within 60 days after: November 17, 2005.
Date: [lull 195
@·% st.@gl sz. Qtek? t.,Pagm2. S2.
Signature Defendant Printed or Typed N me
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 ofthe 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. `
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 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 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.