U S De artment of Justice PROCESS RECEH I Al ID RE I Um I
‘ _ ‘ p * ` _ See Instructions for "Service of Process by the US. Marshal"
UH1ICd States Marshals S€I`\/ICC on the reverse of this form.
PLAINTIFF ,_ _ , I _ COURT CAISE IEIIJMBEIK
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DEFENDANT TYPE OF PROCESS
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NAM OF INDIVIDUAL, C PANY, CORPORATION, ETC.. TO SERVE OR DESCRIPTION OF PROPERTYTO SE ZE OR CONDEMN
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ADDRESS (Street or RFD, Apartment N0., City, State and ZIP Code)
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· . · . ~ I served with this FOTITI - 285 E
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// I ICheck for service
______ _______ _____________ __ ____ ____ _____ ____:on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
aigepltone Numbers, and Estimated Hmes Available For Service): Fold
· TDA UP ga pf S F Q7.
Si_$t1a;resc{]fAttomey urging Originator requesting service on behalf of: H PLMNTIFF TELEPHONE NUMBER DATE
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SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
l acknowledge receipt for the total "lbtal Process District District Signature of Autlrorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Servc I
(Sign only hrst I/SM 285 if more , ,/··‘ . E ____
than one USM 285 is submitted) No. L5 ____ __ No. I {_
I hereby certify and return that I [U have personally scrvcd, ve legal evidence of service, ' `l have executed as shown in "Rcmarks". the process described
on the individual, company, corporation, etc., at thc addrcs. shown altovc or on the individual, company. corporation. ctc,. shown at the address inserted below
[il I hereby certify and return that I am unable to locate thc imlividual. company. corporation. etc., named above (See remarlcs hciow)
Name and title of individual served (if not shown above} ?""`â€"" ` "..T`"`,“""‘ __ —· - - - A pcmm gf Sujrahkg age and dig-
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I é" I _— _ l lj cretion then residing in the defendant s
· f__,_ __ _____ __)j` i___ il ; ` i- r usual place of abode,
Address (complete only it" dill'crent than shown above) ` ‘ Date of Service Time am
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Service Fee Total Mileage Charges Forwarding Fee` `i`[TiF$'C`harges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors) U
REMARKS:
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PRIOR EDITIONS 1 CLERK OF THE FORM USM-285 (Rem 12/I5/80)
MAY BE Usen '
Case 1 :04-cv-00921-SLR Document 52 Filed 12/07/2005 Piage`2 of 2 *-E "
_ s L ’ RRETURN 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.04-92I‘ii1tl1e United States District of Delaware. I have also received a copy of the
complaidt 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 withjudicial 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 ifa response is not served and filed within 60 days after: November 17, 2005.
Date: { or;./. /· ,r "
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i gnature 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 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.
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