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

Case 1:06-cv-00053-JJF Document 47 Filed 06/07/2006 Page 1 of 2
U S De artment 0f Justice PROCESS RECEIPT M JD RETURI I
’ _ ‘ P * “ _ See Instructions for "Service of Process by the LIS. Marshal"
UI`IlI€d States MEI SI`1EilS S€I`VlC€ on the reverse of this form.
PLAINTIPF . ‘ _ K in N F n COURT CASE NUMBER
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DEFENDANT , K rt TYPE OF PROCESS
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_ éétc. "’74}(¢ _ (prix] _
NAME OF IN` VIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
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ADDRESS (Street or RFD, partment No., City. State and ZIP Code)
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AT (pf, EGA 6.gpr§j3;%r,.2¤t”y ,,92. /9//J
£EE'Ll`*£’E@2£ EEYEE QO£Y..TQ BEQHEEEEKAI NNE f1l`*@é2l1".?£·llHEE)E ; - I Number of process to be /.
. * * I served with this Form - 285
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'/ P (Q OX 0 LJA9 |Number of parties to be _·-*
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· I served tn this case ..2
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Check for service
______________________________________ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (lnelnde Business and Altemate Addresses, All
Telephone Numbers, and Estimated Times Available For Service): . 7g L / F Id
Fold , L Er o
— ,3 C W/%` ‘~/*4 ttiprt M ease./L A % 774% (eras ~a~»·¤ —
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Signature of Attomey or other Origin tom esting service on behalf of: E PLAINTIFF TELEPHONE NUMBER DATE i
{sill . {/·i\· I] DEFENDANT agp 1,
/SPACE BELOW FOR USE OF U.S. MARSHAL ONLY -— DO NOT WRITE BELOW THIS LINE
I ack owledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin o Serve I 4 F
(Sign only lirst USM 285 ii" more ` E Z/@70
than one USM 285 is submitted) No. _L_ No. Q U
Ihereby certify and return that I Q have personally seiived, Ethave legal evidence of service, U have executed as shown in "Remarks", the process described `
on the individual, company, corporation, ctc., at the addre:. s own above or on the individual, company, corporation, etc., shown ar the address inserted below.
I:] I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks bclow)
Name and title of individual served (if not shown above) U A person of suitable age and dis-
I;] crction then residing in the defendant’s
usual place of abode.
Address (complete only ifdi1‘}"erent,,tlrarr shown above) - Date of Service Time am
· _ ` Signatu .5. Marshal or Deputy
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Service Fee ‘ Total Mileage Charges Forwarding Fee Total Charges Advance Deposits l A tount owed to U.S. Marshal or A]_E_ount ogeliund
{including endeavors) __ __ _
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REMARKS: R ¤ ·''‘ *7* -``‘` ’ iw tilt}?-T
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Case 1 :06-cv-00053-JJF Document 47 Filed 06/07/2006 PaEi?)<;\f 2 f __
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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
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 of the Order ofthe 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 filed within 60 days after: May 31, 2006.
Date: ,2 0 [
ig ,, J { @5, /;/ctuea/2.22 gf if a/Q!/VV
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.
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 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 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 ti1ne to answer than if the summons had been actually
served when the request for waiver of service was received.