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

y Case 1 :04-cv-00201-JJF Document 62 Filed O4/O3/2Q9Z 1
V
ga OPI » as o c UTF
RETURN OF WAIVER OF SERVICE OF SUMMON S
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 I understand that a judgement may be entered against the party on whose behalf I ain
acting if a response is not served and filed within 60 days after: March 13, 2007.
Date: Saad?
K em
Signature of efendant 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
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 thatlthe 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 p
relating to the summons or the service of summons, and may later obj ect 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.
_ ' it lu Wifi
H yp tmc i.

Case 1:04-cv-00201-JJF Document 62 Filed O4/O3/2007 Page 2 of 2
U S De artment of Justice PROCESS *“iCE“’T M ID RE I Ulm
' _ ' P ‘ ` _ See Instructions for "Service of Process by the US. Marshal"
United States Marshals Service on the reverse or this term.

PLAINTIFF _, _ COURT CASE NUMBER
{L' l-I Dickens 6%--·ZOl‘JZll:
DEFENDANT TYPE OF PROCESS
Re vu D rake
SERVE NAME OF INDIVIDUAL, COMPANYQ CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» Delétwctfé Cor rg gjw endl
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
AT rn
?f·!'L"@EQ?·2£ EHEE EOELT2 BEEEETEUE NW2 A"Pé2DBl§&'@LO}‘.·'; .. I Number Ur Proms to be
_ _ ·~. - I served with this Form V 285 5 q'
I IQQWA l_, Dt etcens
. I ,
· r _ I Number of parties to be
Delgunare Ce red? owl Cb"Vl`€+" ,,..m.d tt. this case
I isi Puma ut reset, Saw. a, pe mv 7
lCheek for service
________ __ _____________________________ { on U.S.A.
SPECIAL INSTRUCTIONS OR OTI-IER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated Times Available For Service):
T E
Signature of Attomey or other Originator requesting service on behalf of: TELEPHONE NUMBER DATE
. P,. E PLAINTIFF ~ _
{Q · jp _ I] DEFENDANT
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY - D0 NOT WRITE BELOW THIS LINE
I acknowledge ec ipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk l Date
number of process indieated. of Origin to Serve "
(Sign only tirst USM 285 if more 3 "7
than one USM 285 is submitted) No. _ No. T , `c>
I hereby certify and return that I III have personally served, ghave legal evidence of service, [I have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addres s own above or on the individual, company, corporation, etc., shown `at the address inserted below.
l;l I hereby certify and IEIIIITI 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-
l;l cretion then Iesiding in the defendant’s
usual place of abode.
Address (complete only ifdifterent than shown above) Date of Service Time am
3 74) ll/l Pm
’ ’ _ · Signature §U.S.farshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) Q z g I_ gz- = ~¤ {_ 1 g \_ j
REMARKS; i _
FORM USM-285 lztlsl
"m°'l;EEg;gI?NS 1. CLERK OF THE COURT - am °°)

Case 1:04-cv-00201-JJF

Document 62

Filed 04/03/2007

Page 1 of 2

Case 1:04-cv-00201-JJF

Document 62

Filed 04/03/2007

Page 2 of 2