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


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Date: July 19, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv—00067—SLR Document 15 Filed 07/19/2006 Page 1 of 2
U.S Department of Justice RUCESS RECEH. I Mm REIURN
_ ° ` _ See Instructions for "5ervice of Process by the U.S. Marshal"
UHlI€d States IVIEl1'SI"l21IS SCTVICC on the reverse of this form.

PLAINTIF ` COURT CASE NUMBER
(M ’ / r' E O ... ‘ ... ·
’ r * A · I J _ 5 6 L. ·
DEFENDANT I TYPE OF PROCESS
. -/ _ f
Ii - 0 U 3 ‘ · _ 0 Wt • -
NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF * OPERTYTO SE` E OR CONDEMN
. f J »·'
» ]: / - · . @ s; I - ·
ADDRESS (Street or FI.}, Apartment No., City, State and ZIP Code)
AT .30/ , ma. tf ,
§.FHiL'*£’E@£’E§E§"}SEe QOBLTQ £@EE£>LTE'L#’E ENE £l`£’;’·QD.E§$L*E?E)E L - i Number Ot pmcess ,0 be
. _ ' ·' m . A Iserved with this Form - 285 /
IMAMAM /?rO/Gt/·’$ !Tl? {3% gy': /-# INumber of parties to be
M J A lserved III [ITIS CKSC
oe; fort . ifrfy//"/I » A30
I I Check for service
______________________________________ I on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated 'Hmes Available For Service):
Fold Fold
—
Signature of Attomeyfir other Origin tor requesting service on behalf ot`; R, PLMNTIFF TELEPHONE NUMBER DATF
2; _ g E: TI tmixisioarsir 4/6 djg y ""' *6* ,
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT VVRITE BELOW THIS LINE
I acitriowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. oft.}rig1ir1 to Serve /” ..
(`Sfgrt only first USM 285 if more m I U4
than one USM 285 is subrnittcd} No. _ No. _ ? . LT.
I hereby certify and return that I Li have personally served, _ have legal evidence of service. I I have executed as shown in "Rcinarks", the process described
rm the individual, company. corporation, ctc., at tltc addre s own above or ori the individual. company. corporation. ctc., shown `at the address inserted below.
D I hereby cenify and retum that I am unablc to loitatc the individual, company, corporation. ctc., nrtiiicd aboxt: (See remarks below)
Name and title of individual served (if not shown above ' I 1 A mmm gf Suitgblg age ant dis.
? E., cretion then residing in the d¢II`er1dant’s
tm Ol me-
Address (complete only if dillcmnt than shown above) Date ol` Service Time ant
JUL V1 Q Zllllo ‘ · VO
/ P"`
` Sig ature o` Marshal or` Deputy
. U.S. DTSTRICT COURT .
DISTRICT OF DEIAWAFIE -
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS: ·
my gE¤gS*‘gg~S 1. cr.Eru< or Tara count mm “*`·“·”"

Case 1:05-cv-00067-SLR Document 15 Filed 07/19/2006 Page 2 of 2
RETURN OF WAIVER OF SERVICE OF SUMMONS
l acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.§6_] in the United States District of Delaware. I have also received a copy ofthe
complaint in the action, two copies ofthis form, a copy ofthe 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 ofa summons and an additional copy ofthe 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 thejurisdiction or venue ofthe
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: July I 1, 2006.
Date; 7* /e/ do
Signat ·e of Defendant 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 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 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 of the response with the Court. Ifthe answer or a motion is not
served within this time, a defaultjudgement 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.