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

Case 1 :04-cv-00201-JJF Document 57 Filed O3/27/2007, Ra e 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
CA. 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 signedwaiver 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 tiled within 60 days after: March I3, 2007.
5 . e: [ Q.-
Si I Printed or Typed Name
I DUT ‘ VOID 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 theisummons 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 inthe 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 surrunons, 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 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. p r _

Case 1 :04-cv-00201-JJF Document 57 Filed O3/27/2007 Page 2 of 2
U S Department of Justice PROCESS RECEH. I All m REI URN
` _ ' ` _ See Instructions for "Servrce of Process by the US. MarshaI"
Umted States Marshals Service on the matte- of this am.

PLAINTIFF __ COURT CASE NUMBER
‘i<~.:>t/·»r;· L»ZD c € . _ , Ge?-c£@} JJ!
DEFENDANT r _ TYPE OF PROCESS
Ja. · ‘t‘· " e, Jittclfsca/7
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» l’gg,’I,I"g QICVQQT7 (?f'}»tS·Ki (-£D!"I1Ei"
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code) V
AT H3} Iqtagecvk /%a' Smyrna. Db I°?°I7°7 .
2EL`l.'Ll`£’E€EP.'1$EE’E.E ‘.E.0£`LT2 EEQEEEJEILPE !‘il°£’lE éliP.éP.'?’.E®§.*@;.0!;. ... Number gf process to be
I-%`/wh'} L Di...C'}(€VL$j Iserved with this Form - 285 4g
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1 l A I $€YV€d III [ITIS CEISC
I MCL} D I Check for service
______________________ _ _______________ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
gejephone Numbers, and Estimated Times Available For Service): — F d
0 ol
Signature of Attorrtey or other (iiginator requesting service on behalf of: m PLAINTIFF TELEPHONE NUMBER DATE V Y
‘f . . 1) l , e tj nesenoanr /gi,/FZ @5
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY—DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature ofAuthorizcd USMS D puty or Clerk i Date
number of proeess indicated. of Origin to Serve I A .~/ {D _
(Sign only tirst USM 285 if more _ f ` /5
than one USM 285 is submitted) No. ` No. .._..._.—- __ . .___.__. _.;.
I hereby certify and retum that I K] have personally served. I" have legal evidence of service. U have executed as shown in “`Remarks", the proeess described
on the individual, company, corporation, etc., at the address s own above or on the individual, company, corporation, ete., shown at the address inserted below
El I hereby certify and return that I am unable to locate the individual, company, corporation. ctc., named above (See remarks below)
Name and title of individual served (if not shown above) A person ol` suitable age and dig-
l;] cretion then residing in the defendants
ttsual place of abode,
Address (complete only Ifdifferent than shown above) Date of Service Time am
l `
Signature of’l,L·S. Marshal or Deputy
E
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or - ·Arnount of Refund
(including endeavors) I p?
REMARKS: -~ `
I _: [V ) ,/ , r .
"UvL\ Lb il/`li·i'l,l/krfl ”i r >

\l0R EDITIONS 1 1;- H FORM USM-285 (Rent l2fl5/80)
W BE USED . C O T E COURT

Case 1:04-cv-00201-JJF

Document 57

Filed 03/27/2007

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Case 1:04-cv-00201-JJF

Document 57

Filed 03/27/2007

Page 2 of 2