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


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Date: May 15, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:06-cv—O0743-SLR Document gnoclggg 05/1 Page 1 of 2
U.S. Department of Justice . .. . .,
_ _ See Instructions for Service of Process by the US. Marshal
United States Marshals Service on me reverse of ma ram.

PLAINTIFP COURT CASEélUMBER
Itluhl HIM .
DEFENDANT TYPE OF PROCESS
t . . R - 1 Com leint
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
*1*1 JAY SYLVESTER , DIRECTOR , Key Program North
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
AT H .R.Y.C. , P.O.Box 9561, W11m111gt0"r1, DE 19809 .
SEEEAEEEQEEEEE EOELT2 BEEEETELE EEE E@;`*ED.'$§&'2E';O.‘hL-| Number gf prgr;355 tt, bg
I served with this Form - 285
I Raymond L . Bruton . I
SBI# 069025 Umlrll; 2Q_POld lNumber of parties to be
l‘l.R.Y.C.I. Iserved in this case g ,
P.O.Bo‘x 9561 ‘ `
|E1'].IT1TI'lgIZO`I't, DE lCheck for service
______________________________________ : on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMA SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated Times Available 'it Serv _;A _u___`,Â¥____ ___ _ _,_ _A, __ emu., FDM
E I i i ._
I I 7
PAUPER CASE . 5 E
NAI 15 ZUUI i
2 F A I
iw. . _sst .. - ...-....
Q US. Sl§T§;i¤3i” QGURT g
Signature of Attorney or other Originator requesting service on behalf of; E! PLAINTIFF TELEPHONE NUMBER DATE ‘
. ./ . - .r. r
_6,}tk“_,u_#__,, U I v_ I Aug [1 DEFENDANT , , fl .=Zlc>e7
SP S7 BELOW FOR USE OF U.S.· MARSHAL ONLY - DO NOT WRITE BEI.OW TI-IIS LINE
I acknowledge receipt for the total Total Process Distri ct Dist ict Signature of Authori zed USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve A
(Sign only first USM 285 if more .1 V
than one USM 285 is submitted) No. - N0. p T
I hereby certify and return that I [I have personally served, Ehave legal evidence of service, I] have executed as shown in ‘“Remarks", thc process described
on the individual, eompany, coiporation, etc., at the addres s own above or on the individual, company, corporation, etc., shown “at the address inserted below.
Cl 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 of suitable age and dis-
D cretion then residing in the defendants
_ usual place of abode.
Address (complete only t` different than shown above) Date of Service Time am
. git)7 pm
V Signature of I .S arshal or Deputy
Service Fee j Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(ineluding endeavors) ·
REMARKS: lw
FORM USM-285 . 11/15/80
Pm°;:E3;Il?NS 1. CLERK OF THE COURT (R" l

* Case 1 :06-cv—00743-SLR Document 12 Filed 05/15/2007 Page 2 of 2
° soz sir 3266* Public oerenaseotrne omsns os-oa-zoor 4 raz
- RETURN OF WAIVER OF SERVICE OF SUMMONS F
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.06-743 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 Cotut 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
I 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 ofthe summons.
E _ ‘ 1 understand that a judgement may be entered against the party on whose behalf I am
" _ acting ifa response is not served and tiled within 60 days after: Ami 18, 2007.
_` · Da : O if
r
Z ign re of endaut P 'nted?‘Typ Name _
6 I
I D Y A UN t C SSA COST OF SFJRVIC 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 summ ons .
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 ofthe action or over defendants 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 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 attomey, a response to the Complaint
and must also tile a signed copy of thc response with the Court. If thc answer or a motion is not
served within this time, a default judgement may be taken against that defendant. By waiving
p · 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 I MAY T0 21107
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