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

· Case 1 :04-cv-00201-JJF Document 59 Filed O3/27/2007 Page 1 of 2
F otwml ssrn
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 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 I3, 2007.
Date: 3{SZI/O .
Signature of Defendant Printed or Typed Name
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 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 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.
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Case 1 :04-cv-00201-JJF Document 59 Filed O3/27/2007 Page 2 of 2
U S Department of Justice PROCESS RECEIPT M ID REI URN
' _ ' " _ See Instructions for "Serv1ce of Process by the US. Marshal"
United States Marshals Service on the evt-me of mn nm.
PLAINTIFF ll ' M _ COURT CASE NUMBER
N [-·t.D,r(,j{ 5 0`+*"”'Z<9/"" DJ
DEFENDANT _. TYPE OF PROCESS
JL Ort
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» l);·;g.cg.t».otr; Ce rtqygtitaattl (k¢'»"l`l??’ `
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT H9! lbacldeck dated bm water, DL? /99* 7 _
EFHILALOEQEBEEEEEQOELTQ £@E.E.§.TE*$."£ EWE .’!`L'?é?.D.*}¥§.l.?l€I;‘)}.V;-| number of process to be
F- _ I served with this Form - 285
Kerrie L., D token gi;. I
x . ‘ CU I *·— I C_,_ ,+_,,y |Nt.ltrtber of parties to be , I
DQ [£¤Ly·t.(i.1Y"E it/`¤if(.fC»II OVICLI E/I C9}/l Iserved in this ease
_ _ {
‘ cnet I ‘· 97
5 I/nfl i J 7 ICheck for service
______________________________________ { on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Figgephone Numbers, and Estimated 'Ilmes Available For Service): F0
ta
Signature of Attorn? or other Orig;nator4requesting serv iee on behalf of; E`PLAIN_mFF TELEPHONE NUMBER DATE
. as, be gem Et oaranoanr will/,itb{GZ¢·
. lt *%i." '€`t5 EW is g
I acknowledge receipt 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 hrst USM 235 if more ' 1,; ··">___
than one USM 285 is submitted) No. ,___ No. _____ *` ....._...4_ 7
I hereby certify and return that I l] have personally served, _ ave legal evidence of service, I] have executed as shown in "Remarks", the process described ‘
on the individual, company, corporation, EIC., at the address shown 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-
E cretion then residing in the defendants
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
3 L; /07 A vm
Signature of _UE;g\·|arshal or Deputy
Service Fee g Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) . . _
ae aaxs; I
\,)5t,txf€/v" ,P;,l’u/»t»~.<.eL..
- . I
PRI0:EE3;';lI?NS FORM USM 285 (Rev 12Jl5 80)

Case 1:04-cv-00201-JJF

Document 59

Filed 03/27/2007

Page 1 of 2

Case 1:04-cv-00201-JJF

Document 59

Filed 03/27/2007

Page 2 of 2