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

Case 1 :04-cv-00201-JJF Document 67 Filed 05/O9/2007 Page 1 of 2 g
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RETURN OF VVAIVER OF SERVICE OF SUMMONS
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.04-201 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: March 13, 2007.
Date: _$//é’ @7
gnature 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 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 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
I 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 smnmons or the service of summons, and may later object to the jurisdiction ofthe
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 p
served within this tune, 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 :04-cv-00201-JJF Document 67 Filed 05/O9/2007 Page 2 of 2
U S Department of Justice PROCESS RECEIPT Al JD RE I Um A
' _ ‘ " _ See Instructions for "Servrce of Process by the U.S. Marshal"
UHIIECI States Marshals SCTVICC on the reverse of this form.
P AINTIFF Q _ . COURT CASE NUMBER
_ ·` vert [-r DML/ DEFENDANT i __ . ` TYPE OF PROCESS
5 ii Jack Evans 5v:
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» Dr;] Qi:-yum Ccv·vecl7l·>r·ut[ Cealiira
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT ll$l iciig/gigiock Karel Snr one D-E !?"",7`7
E?ED.l`£’ECLEi"E.EE’EE.‘i0£lLT2 BEPEEETEILE EWE [email protected]‘*2DB'§§.@@B’L.-| Number of process to be
F I served with this Form - 285 I
K evin L r QD iekens l ` !
V _ , __ I Number of parties to be t
Del rptwctre CGVFG Cltortctl {£i¢i`t‘?iV‘ rented i¤ this me {Lg
gh/`yr nclj Dk: Q 7 7 I Check for service I
___________________ ___ ______________ ____: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): ld
cr Fo
Signature of Agomey or other Originator requesting service on behalfof: Q PLMNTIFF TELEPHONE NUMBER DATE
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I r· fee Erlswéi s i ri ez? P E 2 §TEI£'E is EEEEYSE 5% E E E T E it
I acknowledge receipt for the total Total Process District District A Signature of Authorized USMS Deputy or Clerk D e I
number of process indicated. of Origin to Serve / ,,..;,
(Sign only tirst USM 285 if more [ j
than one USM 285 is submitted) No. T No. _ _ ) T
I hereby certify and return that I I] have personally served, II ave legal evidence of service, lj have executed as shown in "Remarks". dte process described
on the individual, company, corporation, etc., at the addres sh wn above or on the individual, company. corporation, etc., shown`at the address inserted below
I] I hereby certify and return that I am unable to locate thc individual, company, corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) A pm-SOD gf 5ui[gb]g age and djs-
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
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Signature of U.S. _ arshal or Deputy
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KY
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advancc Deposits Amount owed to U.S. Marsha or Amount of Refund
(including endeavors)
REMARKS:
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Case 1:04-cv-00201-JJF

Document 67

Filed 05/09/2007

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Case 1:04-cv-00201-JJF

Document 67

Filed 05/09/2007

Page 2 of 2