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

Case 1 :04-cv-00201-JJF Document 64 Filed 04/03/%);- 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.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 A
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 ofthe
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: March 13, 2007.
Date: #-9-% ··· CO _ I .
y f; _ IB/hehe Qu/M
Signature of Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMON S
Rule'4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving n
unnecessary costof 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
jurisdiction over the subject matter ofthe action or over defendants 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 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 ora 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 1:04-cv-00201-JJF Document 64 Filed O4/O3/2007 Page 2 of 2 T
U S De artment of Justice PROCESS RECEIPT Al in REI URN
' _ ' P * ` _ See Instructions for "Service of Process by the U.S. Marshal"
UHlT€d STHTBS Marshals SCTVICC on the reverse of this form.
PLAINTIFF _ A COURT CAS NUMBER
42/t/r - L., _' 1 04* "20l ""a.iJ E
DEFENDANT C _ TYPE OF PROCESS
etcttczci Lr. Ba aren
NAME OF INDIVIDUAL, COMPANY CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» Dcilcwt/agycg Cor"r·‘e<;`l7`0m;[ ( gr
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT ll?} Fistdcteek rfeaatj Sm rna DE /9*977
EEEYLEQEQEPE SEWER @1’.Y.T.Q BEEEETEKE ERIE. .*!il.).L"~2[’B'§$L‘E5@L"L...i Number of pmas to be ,
I- I served with this Form - 285
/) ._ i r-. ' , I .
lygpm Dt<;i<€.rtS I _
, I _ i N CE, . H A INumber of pames to be
Dglqywm/rg CBVVG €“ilOY1¢i·[ E" Iscrvcd in this case
I gwqyfnqf 7 ICheck for service
______________________________________ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gegephone Numbers, and Estimated Times Available For Service): d
o Fol
Signature of Attorney or o er Originator requesting service on behalf of: EPLAINTIFF TELEPHONE NUMBER DATE
Lf J544, , _ · . ’ J E] DEFENDANT
Q O EASE E SA ta $$3 i .. i it% ‘ § E E lil f E ; E _ * l
I acknowledge ceipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk I Date
number of process indicated. of Origin to Serve /.
(Sign only Hrs! USM 285 if more { ,O)`7
than one USM 285 is submitted) No. No. __ _.
I hereby certify and return that I I] have personally served, Shave legal evidence of service. [I have executed as shown in "Remarks". the process described ‘
on the individual, company, corporation, etc., at the addrcs shown above or on the individual, company. corporation, etc., shown `at the address inserted below
lj I hereby certify and retum that I am unable to locate the individual, company, corporation. etc., named above (See remarks below)
Name and title of individual served (if not shown above) A pci-Son gf guitablg ag.: and dg;-
E eretion then residing in the defendant’s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
.3 l in pm
Si ature of U.S Marshal or Deputy
Q a
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U,S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
PRIOR EDITIONS 1 FORM USM-2.85 (Rem 12./15/80)
MAY BE USED . CLERK OF THE COURT

Case 1:04-cv-00201-JJF

Document 64

Filed 04/03/2007

Page 1 of 2

Case 1:04-cv-00201-JJF

Document 64

Filed 04/03/2007

Page 2 of 2