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


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Date: June 7, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:06-cv-00053-JJF Document 46 Filed 06/07/2006 Page 1 of 2
U S De artment of Justice PROCESS RECEH I M In REI Um I
' _ ' P “ _ See Instructions for "Service of Process by the US. Marslral"
Ul;l1I.Cd States NI2l1`SI'13.IS S€1”\/ICC on the reverse of this form.

PLAINTIFF , COURT CASE NUMBER
g wl,·;,r_5 1_ t,,],l_t.4/it; · I ,_ - c7e5··53—»’ DEFENDANT n TYPE OF PROCESS
E · . ‘ . lg · I
.-“ . . [ON P ‘ {VJ i »s
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
* Q rtf Lo H)’Vl»lr~J°
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
· " /‘” ag . ·-· ` ‘· J F
AT {gt/Jtnltéff Ggéé S.C,.L~ JKJJD €€v'{€}éA'»·"‘} ¤9£·/{?7//
EEEEOEQPEEEVEE EPELIQ BEEEETEILE SWE él`iP;°·2'lili$§li?';O‘1;-| Number of process to be
. _ ·= LK fr _ Iserved with this Fon·n - 2B5 I
l5At‘·’\!:j I/\lt.6"`n.. 1L
5 V C`4·r` O_ (;?l.J"·-l) Number of parties to be T
J Iserved in this case .2
I ICheck for service
______________________________________ on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Eigephone Numbers, and Estimated 'Hmes Available For Service): _ f FGM
{M .éU,,!j!tQ.$’J CQ 4
_,( , ci. if
Signature ofIAttomey or other Origin tor sting service on behalf of: E PLAINTIFF TELEPHONE NUMBER DATE _
*.44uiJ .4 . O . I . I G DEFENDANT ` 5 .*20 aa
f PACE BELOW FOR USE OF U.S. MARSHAL ONLY -- DO NOT WRITE BEIJOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated-. of Origin to Serve _
(Sign only Hrst USM 285 if more ’/ 5/ gx i
than one USM 285 is submitted) No. V No. _ T
I hereby certify and return that I lj have personally serve S have legal evidence of service, G ave executed as shown in "Rcmarks", the process described
on the individual, company, corporation, etc., at thc addres s own above or on the individual, company, corporation, etc., shown`at the address inserted below.
lj I hereby certify-and returnghat I am unable to locatc the individual, company, corporation, etc., named above (See remarks below)
Name and title of indiViduaI served (ifjrrot—sl1ovvn` above) A pgyggn gf Suitable agi.; and djs-
_ VI at ‘ · _ .` ._ lj cretion then residing in the defendant`s
ejxf ._ "j*j—"f·j_°i·}= . · usual place of abodc.
Address (complete orily ifdifferent than shown above) Date of Service Time A am
r gg :`:}_’i · - Q EEE V
. ` * . Signature of { .S. I\/Ehal o§iIE}eLputy
. L I EL ;.1.%»’..,_ I
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advancc Deposits Amount owed to US. Marshal or · ount g$R§ftitt1d
(including endeavors) r ¤, M2}-
. , . F" ,`
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PRIOR EDITIONS 1 F E FORM USM-285 (Rza l1fl5}80)
my BE USED . C O TH COURT

Case 1 :06-cv-00053-JJF Document 46 Filed 06/07/2006 {Q./IU
RETURN OF WAIVER OF SERVICE OF SUMMONS
l 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 of the 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 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.
I understand that ajudgement 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: NIE Q., Q 009
ml ,g, 25,, M.; as/C,. grams.,
. 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 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 ofthe 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 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 "Retum 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. lf 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.