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


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Date: December 14, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1 :04-cv-00921-SLR Document 55 Filed 12/14/2005 Page 1 of 2
RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt of the request that I can waive service of summons inthe matter of
C.A. No.04-921 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.
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 mamrer provided by
Rule 4. I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue ofthe
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: Qovember l7,_gQ_(Q
Date: ZULYII Q ,<9»DO§
4. 2 - A . Wim N "`
Signature§f 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 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 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 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.
I ge. i

Case 1:04-cv-00921-SLR Document 55 Filed 12/14/2005 Page 2 of 2
U S De artment of Justice PROCESS RECEH I Al m RETURN
‘ _ ' P ‘ ` _ See Instructions for ‘Serv.ice of Process by the US. Marshal"
t¤rixi¤e e.nti1ivis1iam1.

PLAINTIFF _ - · _ _ COURT C_ASElNUMBER
, V . / I - "‘ '
(_.¢·’/i{/ A//it/IA./(?(\C( 6}/`//*5 L"
DEFENDANT D TYPE OF PROCES /, .
(J $/74,4/ 5'/¢/2¤A’z SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC., TO SERVE OR DESCRIPTION OF PROP RTY TO SEIZE OR CONDEMN
» 0 5/2442 5407.4xJ Dre
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
7-- i ,, O ‘ I ?J of '(70
AT Dé'%4’t»w4<"6' gvffé? /KIM!/&¢'4/R//W od JM M4 2%-// { ’ 7 7
.S@E‘Ll`l9I1€Ei?E. §*?E’EEQO£Y..T.Q .5EQL.LE§.TE‘E.*°£ E/ENE :`—.l@.£·EDB§i*@§’L’; -| Number of progcgg K, he Z
T . A · E 2 · Iserved with this Form — 285
[/E /z'/5 /A¢ JA/00. ///5 I
· 7*] fg I 7»- 'Number of panics to be
pfzm /L/K / 6-2/ · Iserved in this case
I i gv z .4 D.-/z
.}?4Céj/OC ·€’/4O/ Aj f I Check for service
U.S.A.
______________________________________ I on
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated 'Hmes Available For Service): F Id
Fold 0
Signa ure of Attomey or other Originator reduesting service on behalf of: H PLAINTIFF TELEPHONE NUMBER DATE r
, '. Ad tj DEFENDANT /T/{/l //-· `X—O S-
SPACE BEIJOW 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 V J-/___
(Sign only Hrst USM 285 if more I ‘
than one USM 285 is submitted) No. No. _i;__, ____,____ _’( L9 TU J
I hereby certify and retum that I lj have personally sgvred, ave legal evidence of service, E have executed as shown in "Remarks", the process described
on the individual, company, corporation. etc., at the addres. shown above or on the individual. company. corporation, etc., shown `at the address inserted below.
Ki I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)
NBITIC Bhd (RIB of IIIdiVidU8i S€I'VC(.i (ir [IO! ShOWrI above) E A pcrggn gf guitable agg and dig-
cretion then residing in the defendants
usual place of abode.
Address (complete only ifdifferent than shown above) Date o ` Service Time am
Q . pm
Sign ture of ,S. Marshal or Deputy
• I I
· 4-nn-¤;_t
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to US, Marshal or Am nt of Refund
(including endeavors)
REMARKS;
‘ , I 4
ul//U (My; pg l'Z/lj\/i·’\,i, el
PRIO:EE3;;':ll?NS 1. FORM USM-285 (Rev. 12/5/80)