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

Case 1:04-cv—00921—SLR Document 50 Filed 12/06/2005 Paqet of2
U S De artment of Justice PROCESS “E°E“ I M ID I Um I
. ‘ _ ' P ` _ See Instructions for "Scrvice of Process by the U. S. Marshal"
UH1tCd States Marshals SCTVICC on the reverse of this form.

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DEFENDANT _ V . , /=» " TYPE OF PROCESS
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SERVE NAME OF INDI DUAL. COMPA . _E__ RPORATION, ETC., TO SERVE OR DESCRIPTION ERTY TO S ZE"OR`CONDEMN
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ADDRESS (Street r RFD, Apannitgiit N0., City Stare and ZlP Code) _
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SPECIAL INSTRUCTIONS OR OTI-IER INFORMATION TI-IAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Anemare Addresses. All
Egephune Numbers, and Estimated Times Available Har Service): Rm
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Siena re of Attomey or other Orig` ator requesting service on behalf of: ¤PLAIN_[_":F TELEPH NE MBER DATE U _
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SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI·IIS LINE
I acknowledge receipt for the total Total Process District District Sign thorized USMS Deputy or Clerk Date
number of process indicated. ot`Origin to Serve W
(Sign only Hrs! USM 285 if more ..-— N - " ,. __ .-*
than one USM 285 is submitred) No. No. l { ' . F - .. _A A ;
I hereby certify and return that I uhave personally Servedy , ilk aif‘1€;f`:t§ ti, of _ have executed as Shown in ; describet.l
on the individual, company, eo . ation. ett:.. at the t m;_ = ;__-—; ;;, gq the individual. ¤ _; -__ » Irporation, etc. . Shown `at the addi*E*§"$’“FRerted below.
l hereby certily amd return that 1 am unable to Itxate the trIr|i·.~it.luzal. com any, CUI‘pt)Ft1[IOI‘t. etc., named above (See remarks below)
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Name and title of individual served (if not shown above} . A pcmm Of age dt;.
tt: , eretion then endant's
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Address (complete only ir`dilTerent than shown above} Date of Service am
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Signateig ,,.h U.S. Maikihal
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Service Fee Total Mileage Charges Forwarding Fee `lbtul Charges. /\IlVance Deposits Amount owed to U.S. ‘or Amunt ’¥’1`i,{;-f;._g _ d
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REMARKS:
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PRIOR EDITIONS FORM USM 5 r J )
my BE USED 1. CLERK OF THE COURT 5

Case 1:04-cv—00921—SLR Document 50 Filed 12/06/2005 Page 2 of 2
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RETURN 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.04-921 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 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 ofthe 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: November 17. 2005.
Date: {K L5 /
Me, rhw
Sig ature ofD dant 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 ofthe
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, ifunrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile 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.