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

case 1 :06-cv-001 52-.1.11: Document 18 Filed 07/26/2006 Pagé.:I4o`f*’Z’“ J M? rr
` ‘ ’ l Corporate/Entity Defendant
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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.06-152 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 ofthe complaint
in this lawsuit by not requiring that the entity on whose behalf I am acting be served with judicial
process in the manner provided by Rule 4.
The entity on whose behalf I am acting 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 t
against the party on whose behalf Iam acting if a response is not served and filed within 60 days
after: July IS, 2006. ·
Date: 2252/{ Ogg - _
Mr M sfmuzr. Ah Cav r/L
Signature of Defendant Printed or Typed Name `
{yp/fair C/77 are RéAF¢’r5¢¤7)·f' .6244-;/,»
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 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 l
served when the request for waiver of service was received. M ,_.,
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Case 1 :06-cv-00152-JJF Document 18 Filed 07/26/2006 Page 2 of 2
- PROCESS RECEIPT AND RETURN
D€pa*¥Tmcnt Of Justice _ See Instructions for "Service of Process by the US. Marshal"
Umted States Marshals Service on the reverse of me form,
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PLAINTIFF _ _' COURT CASE NUMBER
6%/»6’£L£‘5 E gC%£]7c>A/ca H,. bt,- pa- ;5;· /<.a;r
DEFENDANT D 5 TYPE OF PROCESS
Cate-{ {mai uc:. éfmer- Clay ar 4;-40 @>eH 0 4. ·
_ NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCEPTION OF PROPERTY TO SEIZE OR CONDEMN
" ‘‘ _ ‘ 5-t4{¢·¢¢3f’· ” LA
l · l ADDRESS (Street or RFD, Apartment N0., City State and ZIP Code) _
l AT l 2 Q 9 féééé béé ` 4V€77¢V€· H£?42>5¤£4 5@{4·4 / 7 7 I
EEEILAPEQEPE §§BYEE QOELTQ EEQELEETEILAI NNE £*iL’é2DB'§§®LOE;...| Number of pmccss to be
. { _ _ _ 2 1 J
) Iserved wtththts Form S5
·¢¢ I , ‘ .
/7 if :Number of patties to be
pgyiawgg éezreafagmtr, @2;-Eff armed i¤ the Cass 2.
{
I ( 5 7 :Check for service
U.S.A.
....... , ........ .... .................... .-I On
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
'gegephone Numbers, and Estimated Times Available For Service): _ V _ F Id
D _‘. 0
_ ·¤‘l¢ QAO lid}!/'S;
6&}'¥€-_; 363) (i
Signature of Attomey or other Originator requesting service on behalf of: _ MMNTIFF TELEPHONE NUMBER DATE 7 _
C 4 2 Z Z ° - A ........ é 4 O 6
4-·_£¢>-ng, tj oarewoaivr é Q2
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. `of Origin _ to Serve , _ - · _
(Sign only Hrst USM 285 if more ` _ [ .7,
than one USM 285 is submitted) No. ‘ No. t ·
I hereby certify and retum that I I] have person-ally served%.have legal evidenceof service, I] have executed as shown in "Remarks", the process described·` `
on the individual, company, corporation. etc., at the addres s own above or on the individual, company, corporation, etc., shown `at the address inserted below.
I;] I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below) i
Name and title of individual served (if not shown above) A person Dr Suitable age and dist
lj cretion then residing in the defe1‘1dant`s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
A 2/I O vm
Signature of U.S. arshal or Deputy
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Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund `
(including endeavors)
REMARKS; .....i··~*
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· PRIOR EDITIONS FORM USM-185 `)
my BE USED 1. CLERK OF THE COURT .:.9
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