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

Case 1:04-cv-01205-SLR Document 51 Filed 10/24/2005 Page 1 of 2
U S De artment of Justice PRO SESS RECEH I M m RETURN
' _ ' P ` _ See Instructions for "Se·rvice of Process by the U.S. Marshal"
United States Marshals Service on the reverse Or me ram;.

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PLAINTIFF e COURT CASE NUMBER
ls &.o-,51 O 2 -.
DEFENDANT _ TYPE QF PR?CESS
. A to ` '
Al! hai Al ‘ Pt CII/I
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
. / a ‘
· QQ Z Q; dig, ·· {S QKQQQQK [lf], Q, HARRY M. EB EF/WAM
ADDRESS (Strect or RFL;7]4 artmcnt No., City, State and IP Code)
2/ Ira 4 /2 I I
AT 2gOg/Wl Fl M 5EflF06’0l, @52,4 ·· $7
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW; I N _ _
---—————---—------—-—-—-—-—-----—---—— umber of process to be ~ .
· r I served with this Form - 285 9
\
l t'Y7R.j.j“eFl:HE /I/M/26 Smrrtb I i
5, Bl _* I 7 I Numzer Ofhpanies to be 2* /
' ‘ S€[`V€ III I IS (DESC
;:)gt,_A\,`_;,q»pq E'Q_,0tQ§EC. I t¢2_»L/4 Al an
I - · A . lCheck for service
5myH A, lil? W FI/3* N7?77 IOUUSA
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Elephone Numbers, and Estimated Times Available For Service):
ld Fold
oP?»¢¢13¤2— @,2 9--5.53/
Signatur ofA omey o other Originato questing service on behalf nf: MJAINTIFF TEL?-{ONE NUMB? & DATE
_ fr , tv ,,, » { ; at lg;} ` U DEFENDANT Sy é dg[tg]&2g;;t_§
iii · '
SP CE BELOW FOR USE OF U.S. MARSHAL ONLY — D0 NOT WRITE BELOW 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 First USM 285 if more ? 3/ §
than one USM 285 is submitted) No. 4 , No. ;___ ._
I hereby certify and return that I El have personally served. 3 have legal evidence of service, I] have executed as shown in "Rernarks", the process described
on the individual, company. corporation. etc., at the addrer shown above or on the individual. company. corporation. etc., shown at the address inserted below.
lil I hereby certify and return that I ain unable to locate the individual, company, corporation, etc., named above (Sec remarks below)
Name and title of individual Served {if not shown above) _ __ _? ___ ____ _ ____ _ _ ___ _ . A pcrggn of Suitable age and dig.
I- . t *_` ry [il cretiori then residing in the defendanfs
I I [ I- tl usual place of abode.
Address (complete only ifdifferent than shown above) I in VU- TL Jr--Tie \ · Date of Service Time am
I :
I ‘ . 1 /0 I
i I . ll> vm
1 , Signature of arshal or Deputy
I ` ` we rx I t I I ”.......
Service Fee Total Mileage Charges Forwarding Fee Tbtal Charges: I Advance Deposits L Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
F - .
*‘¤*°gEEggE*gNS 1. CLERK or THE count °*‘“ USM ”5 me wm)

Case 1:04-cv-01205-SLR Document 51 Filed 10/24/2005 Page 2 of 2
RETURN OI? W,-·\IVER Ol<` SERVICE OE SUMMONS
I aeltnowledge receipt ofthe reqtiest that I cart waive service ofsummons in the matter or
(.`./\. No.044205 in the United States District ofDclawarc. I have also received a copv oritrrc
complaint in the action. two copies ofthis form, a copy ofthe Order ofthe (`orrrt auriiorr/ine
service and a means by which I can return the signed waiver without cost to mc.
I agree to save the cost ofservice ofa strrnmons and an additional copy ofthe complaint
in this lawsuit by not reqtriring that I be served with jrtdicial process in the manrter provided by
Rule 4. I will retain all defenses or objections to the lawsuit or to thejurisdiction or venue ofthe
Court. except for objections based on a defect in the stimmons or in the service of the stimmons.
l understand that ajudgement may be entered against the party on whose behal fl am
acting ifa response is not served and tiled within 60 days after: Auuust 2*), 2005.
Date: ;/6 // 0 l//
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./ — 2% aa 4’4Z;[/J 2/MM WD
. gnttur-· to De ` dant Printed or Typed Nam
DUTY TO AVOID UNNECESSARY COST OF SERVICE OE SUMIVIONS
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
urrneeessary cost of service ofthe sr.rmmons and the complaint. A defendant located irt the
United States, who, after being notified of an action and asked to waive service of sttrrrtttorrs
on hehalf of a plaintiff located in the US, fails to do so will be required to hear trre cost or
such service unless good cause be shown for that defendatrt's failttrc to sign and return the
waiver.
It is not good cause for a failure to waive service that a party believes that the complairrr is
unfounded, or that the action has been brought in an improper place or in a court that lacks
jurisdiction over the stibject matter ofthe action or over defendant‘s person or property. A
delcndant who waives service of stimmons retains all defenses and objections, except any
relating to the summons or the service of summons, and may later object to tlreitrrisdiction ofthe
(`ourt or to the place to where the action has been brought.
.»‘\ defendant who waives service mtist within the time specified on the "Return of \\/aiver"
Iorm served on plaintiff, if trnrepresented or on plairrtilfs attorney, a response to the t`orripIairu
and must also tile a signed copy ofthe response with the Court. lf the answer or a motion is not
served within this time, a defaultjudgement may be taken against that delendant. By waiving ‘
service, a defendant is allowed more time to answer than ifthe summons had been actually
served when the request for waiver of service was received.