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

Case 1 :04-cv-00201-JJF Document 56 Filed O3/27/2007 Pagej jqf,`25 cw? H
. 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 ofthe Order ofthe Court authorizing
service and a means by which I can return the signed waiver without cost to me.
l 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 13, 2007. _ n
Date: ,3 fiézpj
€ l.»'a.¤»I¤e+L £’•,r;-r,`_;
Signature of Defendant Printed or Type 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 whowaives 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. j . A
A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attomey, a response to the Complaint
and must also file a signed copy ofthe 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. ` I ¥ s


Case 1 :04-cv-00201-JJF Document 56 Filed O3/27/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT M JD RE I URN
' _ ’ P ` _ See Instructions for "Service of Process by the US. Marshal"
UHltCd StElt€S Marshals S€I`V1CC on the reverse of this form.
PLAINTIFF , COURT CASE NUMBER
-· :` I P-,.n . r ""»:··“°-J` `--7
(Z A L. § "‘f‘ éél/r
DEFENDANT __ TYPE OF PROCESS
56 g en 5 A
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OPPROPERTY TO SEIZE OR CONDEMN
· [QP /rt,-,rra·i,r~e Csrrec?77 vm! Center
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT S Felice: Kzoctd Sm P mz; DE I?/77
§E§[Ll`@[email protected].'i EEEYESE. QELTQ EEQELEETEILAI EIWE .&I`@.§2Di*'?£`>§.li.EI.;O!L. ..| Number gf pmgggg rc, bg
F __ F Iserved with this Form - 285
Kev’r}1 L. Dt chem 5 ,
. _·i · . .4 INumber of parties to be _
Del Utbbvfikre CEI/`r—€ChGnC'Ll lserved in this case 4-3
I Svrw `"- "7
M yr mg,} 7 |Check for service
___________________________ __ __________ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION TI·IAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Fziiephone Numbers, and Estimated Times Available Ryr Service):
ran
Signature of Attorney or other. Originator requesting service on behalf of: E PLAINTIFF TELEPHONE NUMBER DATE l
A aa, 9 - eww ij DEFENDANT OMj';g,[o(g
Eh G ·‘ . l iéeé
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 nm USM 285 rr more -7 3, \_
than one USM 285 is submitted) No. ;L No. ____ ,;_ t.
I hereby certify and retnrn that I D have personally served, gihave legal evidence of service, [I have executed as shown in "Remarks", the process described `
on thc individual, company, corporation, etc., at the addre s shown above or on the individual, company, corporation, etc., shown `at the address inserted below.
lj I hereby certify and retum that I am unable to locate the individual, company, corporation. etc., named above (See remarks below]
Name and title of individual served (lf not shown above) A person Of sunabjc agc and digs
lj cretion then residing in the defendants
usual place of abode.
Address ( complete only if different than shown above) Date of Service Time am
,/ ‘ I
5 u i Q pm
Signature f U.S Marshal or Deputy
— ‘;
Servicc Fee · Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. M rs al or Amount of Refund
(including endeavors) _ `
REMARKS:
tn ` ¤ T . ·¤
it lll t I l"`@,lrt,r_/t/` yxgat

F USM- . 12/15/
{i¤ggEEgg¤gNS 1. CLERK OF me count °'“’ ***5 °‘" “'”

Case 1:04-cv-00201-JJF

Document 56

Filed 03/27/2007

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Case 1:04-cv-00201-JJF

Document 56

Filed 03/27/2007

Page 2 of 2