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

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Case 1:05-cv—O0O37-SLR Document 55 Filed O3/13/2006 Page 1 of 2
U S Department of Justice PROCESS RECEIPT Al ID IURN
*i _ ' 9- ` _ See Instructions for "Service of Process by the ILS. Marshal"
UH1t€d SLEIIOS Marshals S€I`V1C€ on thc reverse of this form.
PLAINTIFF I I l I an l _II I l l l l COURT CASE NUMBER
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DEFENDANT TYPE OF PROCESS
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SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
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ADDRESS St t RFI), A rr rN ., Ct, S: dZIP Cod) · . _ -*· ._ ,_ I ., ~ =
(I"B€0I' pa ITIEH O ly {NBER E C)I__:_(Iz-
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§EL`lJLI‘£)EQE2EEE’EE.Q0£Y.T2 BEQEEETEEE HWS &l`£’.;’*EDB§*L'E@H;-i Number of pm.-me is be I
I _ I served with this Form » 235
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‘ .- I I _.,__, . ( , ___,,,.. ; _ I qw |Number of parties to be
D€' I QW (*1*} é' Cpl I CT" -)-.70r\&I·#li I served in this case é
Ng! PEI-CiC!l£¤C} I ,. - · _ -~-— V Check for service
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gligephone Numbers, and Estimated 'Hmes Available For Service): F Id
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Si nature of Attomey or other Or ginator requesting service on behalf of; E/PLAINTIFF TELEPHONE NUMBER DATE
,lJ_/» X _,,‘.. “_L_;/ EDEFENDANT [O-.[Zl·-O5
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SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — D0 NOT WRITE BEIDW THIS LINE
I acknowledge receipt for the total Total P e s D strict Distri t ignature of utho ri d US S Deputy or Clerk Date U
number of process indicated. of Origin t0 Serve
(Sign only first USM 285 if more é ___
than one USM 285 is submitted) No. No, __ ‘ J;
I hereby certify and return that I [I have personally serxied have legal evidence of serviee, l;l have executed as shown in "Remarks", the proeess described
0n the individual, company, corporation, etc., at the address s own above or on the individual. company. corporation, ete., shown at the address inserted below.
l:l I hereby certify and return that I am unable to locate the individual, company, corporation. etc., nam d above (See remarks below)
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NHITIE 31tCl title of Il'IdIVICIlJ8l served (lf DOI Sl1DWI'1 above) §""""¤ I W L5 A pgr5gn gf 5|_ii[gb]3I age and dig-
; I l:l cretion then residing In the defendants
Ir-~’· " ' I ; usual place of abode.
` Address (complete only 1`t`ditIer·ent than sho n above) _I Date of Serviee Time am
MAR l 3 2006 . .
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Signature of U.S. I; · ¤. Or Deputy .
I I DI `I“ lC'l· Ol" lll-PI A . ‘
Service Fee · Total Mileage Charges Fo warding Fee Total Charges Advance Deposits Amount owed to U.S. Marsh l or Amount of Refund
(including endeavors) { .
REMARKS; - l - V - l l
¤’¤¤°gEEgg*gNS 1. CLERK or THE comm *`°'“' “S“·”5 me- "+’“’”°>

Case 1:05-cv—00037-SLR Document 55 Filed 03/13/2006 Plagg/2nog 2 "" "‘
a- ee_ee Wt
C Corporate/Entity Defendant
RETURN OF WAIVER OF SERVICE or SUMMONS Cpcmj
I acknowledge receipt of the request that I can waive service of summons in the matter of CA.
No. 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
l can retum 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 the entity on whose behalf l am acting be senred 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 against the party on whose
behalf I am acting lf a response is not served and filed within 60 days after; January 3, 2006.
Date; \ ·· Ch ·— 'O K0
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Signature of Defen ant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUIVIMONS
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 notlfled 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 defendants 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 rnust 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 Coun. if the answer or a motion is not
senied within this time, a default judgement may be taken against that defendant. By waiving
service, a defendant is allowed more time to answerthan if the summons had been actually
served when the request for waiver of service was received.