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

Case 1 :04-cv-00201-JJF Document 54 Filed O3/27/2007 Page 1 of 2
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RETURN OF WAIVER OF SERVICE OF SUMMONS
I 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 l.- 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.
__l understand that a judgement may be entered against the party on whose behalf I
acting if a response is not served and- filed within 60 days after: March I3, 2007. - 1 » 1 I
Date: ~ i'\ U2 gL¤"i\ I
Signature of Defendant 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 ofthe 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.
. lt 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 defendants person or property. A
defend_ant 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. t ‘ »
A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff, if tmrepresented or on plaintiffs attorney, a response to the Complaint
and must also file a signed copy of the response with the Court. lf the answer or a motion is not
served within this time, a defaultjudgement 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 54 Filed O3/27/2007 Pa e 2 of 2 _
U S D f J - PROCESS RECEIPT AND RETURN
. . CpHl’UI'1€I‘II O LISIICC ~ .. · ..
, _ See Instructions for Service of Process by the US. Marshal
_ UIIIICCI States M3ISh3iS SBIVICC on the reverse of this form.

PLAINTIFE COURT CASE NUMBER
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DEFENDANT TYPE OF PROCESS
jctmés G··ca;r`cl€, [ S
SERVE NAME OF INDIVIDUAL, COMPANK CORPORATION, ETC., TO SERVE OR DESCRIPTION OPPROPERTYTO SEIZE OR CONDEMN
» Dah gg 43trg Q gr rgg‘l‘rj`c1@,i Q
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
AT ll B'! Paatdlee Road $Mytrt»ie. DE ICF? 7
EEQEOEEPE EIEEEQOELTQ EEQEEETELE ENE &@&B[E'§l'§@E L. -| Number gf ,,..,.;.,55 I., bg
F __ _ __ I sented with this Form - 285
Kev tn L. Dickens I
· '—— _ I Number of parties to be
CD Iserved in this case L`-
I DE |Check for service
_______________________________ ____ _____ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, Ati .
Telephone Numbers, and Estimated 'Hmes Available For Service):
ran ran
Signature ofAttomey or other Originator requesting service on behalfof: TELEPHONE NUMBER DATE
Q , EPLAINTIFF
Lum. GC. S Ac .4 tj DEFENDANT 0é{2.5`/Oé
SPACE BEIDW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District U Signature of Authorized USMS Deputy or Clerk V Datc
number of process indicated. of Origin to Serve y
(Sign only Hrst USM 285 if more · “
than one USM 285 is submitted) No. No. "
I hereby certify and return that I [I have personally served, E have legal evidence of service, [I have cxecuted as shown in "Remar|·ts", the process described
on the individual, company, corporation, etc., at the address shown above or on the individual. company. corporation, etc., shown at thc 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 scrved (if not shown above) A pgrggu gf suitable age and djs-
E cretion then residing in the defendant's
usual place of abode.
Address (complete only ifdifferent thanshown above) Date of Service irrie am
. I F- - 1 j, pl pm
f v_ ‘ I Signature of U%Marshal or,.Dbputy
Service Fee · Total Mileage Charges Forwarding ee Total Charges Advance Deposits Amottnt owed to U.S. Marshal or _ Amountiof'Refund
(including cndeavorelt C. _ _,.___ _ _ ,_ ; -
REMARKS; i E l ‘ A I ““
W 0L\\Jbt( pg/;hlwf.~€ A
*‘¤°gEEgS*{*gNS 1. CLERK OF THE COURT "`°’“” “SM·”’ me '”'5’°"*

Case 1:04-cv-00201-JJF

Document 54

Filed 03/27/2007

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Case 1:04-cv-00201-JJF

Document 54

Filed 03/27/2007

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