UHlt€d_ S[3[€S Marshals S€I'VlC€ on the reverse of this form.
PLAINTIFF CJ . COURT CASE NUMBER
J.--- N/5 Z//V lm/UCI AJ ©L‘l Gl D'
DEFENDANT / _/ D TYPE OF PROC S
SERVE NAME OF INDIVI UAL. COMPANY, CORPORATION. ETC., TO SERVE OR DESCRIPTION OF PROPERTYTO EIZE OR CONDEMN
· O A?
ADDRESS (Struct or RFD. Apartment City State- and ZIP Coda)
&EE'L"LO'.E‘2i.9L§$RVEE§’£Y.T2 EEPEEETELE NNE £*‘L?;’*2DBES§.lEE)! ; -| Number gf pmu to be
` FI - I
F- ' M · ‘ I d thih.Fo -285
LOAN): Z cl 5)/A5 W M ·* M i
, . ,.-_· * J. iter · " Ti / · ·= i ` I ‘
""ii*" OY! 6-C hi NA 2 EK 1 Number of panics to be
. 9 I scrvcd in this case 4
I//Y//*9 4,% Pg. ay 5 DFX ’ 7 7 7
‘4 0 l L ‘ - - ` ICheek for service
____ __________________________ ________ _______ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Attemare Addresses. AH
ggcphcnc Numbers, and Estimated Times Available Rx Service): RM
-
E; LLP 6-,6 0% ..» /
Signature of Attomcy orft ’_·= » ; g serviec on behalf of: E PLAINTIFF TELEPHONE NUMBER DATE
. - # lu U DEFENDANT "
A · r utuw
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY—DO NOT WRITE BE t - I ..- LINE
I acknowledge receipt furthe total Total Process District Dig Signature of Authorized USMS Deputy or Clerk Date
number uf process indicated. 0fOrigin Io _
(Sign only first USM 285 if mon: ’ p [ 5*/
than one USM 285 is submitted') Nu. i ._ No. . ___ _ ¥______t_____
·- I . " .,.,
I hereby certify and return that I li] have personally served __ ve legal eviden Z“`£§*m‘¥*€‘ §§ have ex own in _. ` F’l‘¢‘ i"·‘*·’ ¤~ described
on vidual, conipany. corpomtiun. cle. at the ·1???` vc or on the indivi == `’ ‘ puny. corporation. etc.. shown `at `__- t-_t_.; ; erted below.
I hereby certify and return that I am unable tu locate the Individual. cmnpany, <.·o t1. cIc.. nznned above (See remarks below)
Name und title of individual served (it" not shown aimrel A pcrson Of tugmhtt. age and dig,
l;l cretion then residing in the del"endunt`$
usual place of abode
Address (complete only lt‘â€dlft1·rr.·nt than shown above} Date of Service Time mn
l l Zi U.) Pm
Signature uf U.S. or Deputy
Sewice Fee Tutu) Mileage Charges. Forwarding Fee Total Charges Ativan ¤i'l£?T% Amount owed to U.S. Marshal or ¥ "Q; unt of Refund
(including endeavors) ·
REMARKS; T? .=
--. . _... V ‘i >·..···· —= . .
PQ, il , .
PRl0:EE3;;l;)NS 1. CLERK FORM USM-285 (Run I2.t‘l5!80)
Case 1 :04-cv—00921-SLR Document 44 Filed 12/06/2005 l?ager2qof>2 C dy tj
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 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 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: "’ é' "0(
Z1/L 44 i
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 notitied 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 "Retum 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.
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