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

Case 1:06-cv-00053-JJF Document 49 Filed 06/07/2006 Page 1 of 2
U S D f · PROCESS RECEIPT AND RETURN
. . epartment 0 Justice . .. . ..
, _ See Instructions for Service of Process by the [LS. Marshal
UHIIEGI SIZZIGS NIHYSIIEIIS SCTVICC on the reverse of this form.
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PLAINTIFF i i ( / i i i i i COURT CASE NUMBER _
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DEFENDANT TYPE QF }PROCESS
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NAME OF INDIVIDUAL, COMPANY, CORPOR TION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
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______________________________________ : on U,S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Aire-mare Addresses, AI}
gegephone Numbers, and Estimated Times Available For Service): .
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Signature ofAttorr1e or her Originator requesting service on behalf of: TELEPHONE NUMBER DATE
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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 ol` Authorized USMS Dep ty or Clerk Date
number of process indicated. of Origin to Serve
(Sign only first USM 285 if more Pe'} { -@¤
than one USM 285 is Submitted) No. il- No. —
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I hereby certify and return that I lj have personally served, have legal evidence of service, [I have executed as shown in "Remarks", thc proccss described
on the individual, Company, c0rporati_0n,Ve,tc., at the addr ss s own above or on the individual. company, corporation, ctc., shown ar the address inserted below.
l;] I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)
Name and title ol' individual served (if nor shown above) A person gf Suitable age and dis-
A V _ . _ r · _ A · lj crction then residing in the dcfendant's
r` _ _ r usual place of abode,
Address (complete only.if different than shown above) Datc of Service Time am
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I Signaturei/$25. Marshal or Deputy
Service Fee Total zlviileage Charges Forwarding Fee Total harges Advance Deposits Amount owed to U.S. Marshal or ount Qfggéfund
(including endeavors) ii ii ·‘'r
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PR.l0§EE3§Il?NS FORM USM-285 (Ren 11*15/80)

Case 1 :06-cv-00053-JJF Document 49 Filed 06/07/2006 Page 2 of 2
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RETURN OF WAIVER OF SERVICE OF SUMIVIONS
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.06—53 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 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 on whose behalf I am
acting if a response is not served and tiled within 60 days after: May 31, 2006.
Date: if Q IOf·0{s
iignature 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.
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 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 obj ect 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 attomey, 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.