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

Case 1:04-cv-00921-SLR Document 61 Filed O1/O9/2006 Page 1 of 2
U S D f J - PROCESS RECEIPT AND RETURN
. . epartment 0 usttce . ,, . _ _ ..
_ _ See Instructions for Service of Process by the U.S. Marshal
Umted States Marshals Service on the reverse Or me form.
'
PLAINTIFF - ` Jl COURT CASE NUMBER
:6 ‘ A/NM/Oct O "°l2l l y
DEFENDANT _ I TYPE OF PROCESS
/?f.€5· #7636 $5,4 /7/C /;-404:/67/ caf e . T4 vt lex/..»:···
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORA ION, ETC., TO S IRVE OR DESCRIPTION OF PRO RTY TO S ZE OR CONDEMN
· 16/55/4 ` az c·o—»¤s-»;t¤r
ADDRESS (Street or RFD, Apartment No., City State and ZIP ode)
\ . , . .
AT (Ar; -m· % tex ez»· $,p7·é/s'/2 * . J. .. . ./Wav
EEEEIQEIEPE H5 EEQODLTQ BEBHEETEKE HWE £l“L'?;‘2Di~`*§&l2€LOE; -| Number of process to be "
’ . · · - • _ Iserved with this Form - 285 E
l wyfx/15 ZM! lu¢»t0/ G; 5 I
· * Number of parties to be Z '
DF/Ah/A£€ &-?(’”€C /0 /V·‘?/ iserved in this case
__________ _________ _______________________ ___:on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
gelephone Numbers, and Estimated Times Available Har Service): Fold
Id
[TA U/D é"·é’ 0,4 5 E- e 'Z _
Sipnat re of Attomey or other Origi ator requesting service on behalf of: K PLAINTIFF TELEPHONE NUMBER DATE
,1 , I] DEFBNDANT I 4 //— 7-0 5
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. ot` Origin to Serve /_ \
(Sign only first USM 285 if more 5 g i-- .-G
than one USM 285 is submitted) No. I No. _ · . .¥ g J
I hereby certify and return that I Q have personally served. ti éhave legal evidence of service. ll] have executed as shown in "Retnarl·ts". the process described
on the individual, company, corporation. ele., at the addres. s tvvn above or on the individual. company. corporation, etc., shown Eat the address inserted below.
l:l I hereby certify and return that I am unable to locate the irndiwidttal, company. corporation. etc., named above (See remarks below)
Name and title of individual served (if not shown above) A person ot suitable age and dis-
.` I """"Y;"`;"**‘ e j··r·~—-~· -- 7. lj cretion then residing in the defendants
gr E r- , usual place of abode.
Address (complete only if dilTerent than shown above) * We · serv —— ———-- ~~-_, Date g1`$crvice Time am
.. . __ -. ’ · Yon" pm
V I ` ` Si naturegl Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed I0 LLS. Marshal or Amount ol Refund ·
(including endeavors}
REMARKS: p
*t
lkml UAW l’l€»t’t/t/ets/LSL
PRIOR EDITIONS FORM USM-285 (Rem IMS/80)
MAY BE USED l. CLERK OF THE COURT

Case 1 :04-cv-00921-SLR Document 61 Filed O1/O9/2006 Page 2 of 2
L`.*·Q}iiq`_» L-- `rj
RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
C.A. No.04—92l in the United States District of Delaware. I have also received a copy ofthe
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.
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 patty on whose behalf I am
acting if a response is not served and filed within 60 days after: November I7. 2005.
. t al I — "
’\ I/ . Wg L-fx P I
, /‘
/(j»ijj,__#;'ii [ Z if i="l iss tt (lj}! fa /¢‘l¢'\
L Signature off 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 ofa 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 thejurisdiction 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 attorney, a response to the Complaint
and must also tile a signed copy ofthe 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. `