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

Case 1 :04-cv-00201-JJF Document 58 Filed O3/27/2007 Page 1 of 2
L·\..l.5:l’) j Craft.,
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
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 oniwhose behalf I am
acting if a response is not served and filed within 60 days after: March 13, 2007.
Date: 4} / 5197
%m, { érrm [,,,%,1
Signature o efendant 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
jurisdiction over the subject matter of the action or over defendant’s person or property. A
defendant who waives service of surrunons 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 I
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. ·.’e
. as \_\ Q

Case 1:04-cv-00201-JJF Document 58 Filed O3/27/2007 Page 2 of 2
U S Department of Justice PROCESS BECEH. I fu ID REI URN
' _ ' ` _ See Instructions ior "Servn:e oi Process by the U.S. Marshal"
UD1I€d States Marshals SCI`V1C€ on the reverse of this form.

PLAINTIFF _ 1 COURT CASE NUMBER
eww L.- I): (/Kens y c?+·20t—·-7ZTF
DEFENDANT _ TYPE OF PROCESS
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Bt`: cm Engram
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
»
ADDRESS (Street or RFD, Apartment No., City, State and ZlP Code)
AT ns: C,. aaa Rte. 5m rm De Mft? 7
§E§.'L"@D9§2E.§;E'})’lSE.9.0£*LT2 BEQEEETEILIE E*°;l}‘*.E&l‘1°i*BPi*'£·§.'il§!)l‘.’;_| Number Op pmcss ,0 be .
. lserved with this Form - 285 5
I .- - ·
I<€\/'IYI. L-·• DIC·K€H$ I
Del censure Cen- tticih cmctl Ceaifer :;j;;;“gn°fh¤jj’;j;€‘° be (F
ll gl Etdaiac-it Race; émyrncty DE FEQ7 7
|Check for service
______________________________________ { on usa.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gggephone Numbers, and Estimated Times Available For Service):
· Fold
Signature of Attonyey or other Origilnatot nequesting service on behalf of: PLAINTIFF TELEPHONE NUMBER DATE —
‘ / ‘· , - “".Q,:»u¤-J [I DEFENDANT
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI-[IS LINE
I acknowledge receipt for the total Total Process Distri t District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve X
(Sign only first USM 285 if more B `
than one USM 285 is submitted) Nor ___ No. _>_ ’ J
I hereby certify and return that I [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 thc arldre s hewn above or on the individual, eompany. corporation, ctc., shown at the address inserted below
El I hereby certify and retum that I am unable to locate the individual, company. corporation. etc., named above (See remarks below)
Name and titlc of individual served (if not shown above) A pgpggn pf Suitable age and dis-
lj cretion then residing in the defendants
usual plaee of abode.
Address (complete only if different than shown above) Date of Service Time am
7 - . .-.. .. Q _
..,. ;. V A A B pm
I ~ Y l `lid ` " Signature U. _ Marshal or Deputy
‘..l Q ‘ i I i . `
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) _ 7 ’ . I y r I
REMARKS: .` I $'---·{`.[.‘i.Q‘.—.__[_ _ V, e l _ —· `}
l»UlZL.l Uc»t( [/‘gl*t,n/Bf? wi

PRIOR EDITIONS 1 FORM USM-285 (Ren l1fI5/80)
amt as Usan '

Case 1:04-cv-00201-JJF

Document 58

Filed 03/27/2007

Page 1 of 2

Case 1:04-cv-00201-JJF

Document 58

Filed 03/27/2007

Page 2 of 2