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


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Date: August 16, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1 :05-cv-00067-SLR Document 21 Filed 08/16/2006 Page t)jo2h2`— (E/il!
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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.05—67 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 thejurisdiction or venue ofthe
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 ifa response is not served and filed within 60 days after: July l l, 2006.
Date: , Q
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Signature of Defen ant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving
unnecessary cost of service ofthe 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 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 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, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also file a signed copy ofthe response with the Court. Ifthe 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. R3 _ _.
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Case 1 :05-cv-00067-SLR Document 21 Filed 08/16/2006 Page 2 of 2
U S De artment of Justice PROCESS '“‘?CE“’T Al JD REIURN
' _ ‘ p ` _ See Instructions for "Service of Process by the U.S. Marshal"
UHILCU SIEIICS Marshals SCYVICC on the reverse of this form.

PLAINTIFF _ I COURT CASE NUMBER
_ _ G I ‘/• .'=. I 1 ; / —-F ,2* ~_
. - — _ . lx (CUZ? C M , .. er·· DEFENDANT _, _. T E OF PROCESS .
C). hi ff?/°I = U t tz? »’//IQ xs-··¤ ? · .
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. , TO SERVE OR DESCRIPTION OF ROPERTY TO SEIZE OR CONDEMN
€l€‘r*r°i %*’?U.»'<.-€'f€//*C}‘[ `Q E.:} citing
· ADDRESS (Street or RFD, Apartment N0., City, State and ZIP Code) p
r ' n _ ., ,
AT r _ o _ * /?*" A -* i/Vi JIT? t/` /Z<-?
§.E§'L"@E@.9E¥'§’l€E QOBYJQ B*ll’2E§TE*i./E EWE &l`@.£~2PB*i$iEE!’&’;-| Numbs, or pmssss to bg /
. _. ‘ { " -7-7/ t" L / · I served with this Form — 285
I DJMA we /TO#lt,»./{ I .. t./Sz! {0474..2 ,
Q {JC?/'I/"£21,;·;_7éO i,,' AI / N Number of parties to be
. _ V _, _\ · / ._ _ Iserved in this case 5
H Vai-/L-YTD/C’2{Gf’é x KXGRJ
, 3 _, ,.9 {I 0I` S€I'VIC€
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........ aa;me5+jde.L;a;#_Z; ________ ; 0.. ast.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
éfesephone Numbers, and Estimated Times Available For Service): F0
0 Id
I W { ·"· .»t//1 I- ,2-, ., ls
C:
Signature of Attorney or other O ' ` or requesting service on behalf of: . PLAINTIFF TELEPHONE NUMBER DATE
'[{{Cf%jQ. T‘J EDEFENDANT 4/04/49 .5'/6'96
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY —DO NOT VVRITE 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 { lcrl
than one USM 285 is submitted) Vo. _ _ No. _ /. .;
I hereby certify and return that I I_l have personally served? have legal evidence of service, §—| 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.
E I hereby cenify and retum that I am unable to locate the individual, company, corporation. ctc., named above (See remarks below)
Name and title of individual served (if not shown above) _` A pgrggm Of Suitable age and dis.
I _ cretion then residing in the defendants
usual place of abode.
Address (complete only ifdifferent than shown above) Date of Service Time am
·h%@s M
Signature of u.'s arshal or Deputy
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Service I·`ee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed IO LIS. Marshal or Amount of Refund
(including endeavors) _
REMARKS: . ·
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{,·*;9:*Fg;ggN5 1. CLERK or THE coums “’“” ‘ **5 me I