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

- Case 1 :04-cv-00201-JJF Document 63 Filed ?A./O3/2007 Page 1 of 2
Ol/·7—O(&U FY`!
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 ofthe 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 behalfl am
acting if a response is not served and filed within 60 days after: March 13, 2007.
Date: Bild; O] I
@!Z!C§ lm;
' i ature 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
n 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 defendanfs 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 "Retum of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile 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. —


Case 1:04-cv-00201-JJF Document 63 Filed O4/O3/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEH I Al in REI URN
' _ ' P ` _ See Instructions for "Service of Process by the US. Marshal"
United States Marshals Service on me I-at/arse of me ram].

PLAINTIFF 'F ___ COURT CASE NUMBER
, gt/ iq L. Dickens O4--zo/-3 Zi F
DEFENDANT L S TYPE OF PROCESS
T. in o7°o vi
SERVE NAME OF INDIVIDUAL, COMPANK CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» (IH" T €’Q&G'Q dj .
ADDRESS (Street or RFD, Apartment No., Cit)4 State and ZlP Code)
AT H3 dcbck hn »-rnrrnzz 5E iq 77
EiE'?2.l‘£)E°252E¥$BYEEEO£LT2BEQHEETEEE..·i*ME.ei*Ll?;°·B[1*'§§i'2F';€’.‘£’;..; Number Or pmsts is bg ,,.., _
I-- __ L ,,__ _ lserved with this Form - 285
Kevin t D./ck€M5
I
_ “ ’ Number of parties to be
CO?-rec/-hOM€l»j lserved in this ease ilk
llgl Paatdaek @@5 Smy aaa/be (@977 I _ I
I Check for service
______________________________________ { on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (lnclude Business and Altemate Addresses, All
Telephone Numbers, and Estimated 'Ilmes Available For Service): F ld
Raid o
Signature of Attorney or other Originator requesting service on behalf of; PLAINTIFF TELEPHONE NUMBER DATE l I
; 4,,, ¤`(B.,»@ ·,, _ 4 E1 DEFENDANT O(;42,9Z&é
SBACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge reee pt for the total Total Process District I District Signature ofAuthorized USMS Deputy or Clerk ~ Date
number of process indicated. of Origin to Serve p- Q
(Sign only first USM 285 if more /9/
than one USM 285 is submitted) No. __ No. ,_ _T
I hereby certify and return thatl I] have personally served, have legal evidence of service, E have executed as shown in "Remarks", the process described
on the individual, company, corporation, ctc., at the acldres s ovvn above or on the individual, company, corporation, etc., shown at the address inserted below.
lj I hereby certify and return 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 person of suitable age and dis-
lil cretion then residing in the dcfendant’s
usual place of abodcl
Address (complete only if different than shown above) Date of Service Time am
A I *?’ lvtt. ·_ at 6 0 I Pm
‘ ' `_'*-if " Sig ature r• U . Marshal or Deputy
Service Fee Total Mileage Charges foryvarding Fee Total Charges Advance Deposits Amount owed to U.S. Ma shal or Amount of Refund
(including endeavors) i i '_
FORM -285 (Rev. 12/15/
,{,¤j¤`;>gE¤g;ggNS 1. cusiuc or THE count USM ”“*

Case 1:04-cv-00201-JJF

Document 63

Filed 04/03/2007

Page 1 of 2

Case 1:04-cv-00201-JJF

Document 63

Filed 04/03/2007

Page 2 of 2