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


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Date: January 27, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1 :05-cv—OOO37-SLR Document 49z_ Filed O1/27/2006 Page 1 of 2
- PROCESS RECEIPT AND RETURN
'Depmqmcnt Of Justlcc _ ‘ See Instructions for "Service of Process by die US. Marshal"
United States Marshals Service on mt- reverse of me term.
PLAINTIFF i l I I U COURT CASE UMBER
’ CLI" I _ L-· _. _ _ I V./I/é’? 5”-e>.S'?v -‘!—R
DEFENDANT _ , TYPE OF PROCESS
I l " -_ · - . - • j
y Rob -· .¢ __C,;:>t—¤l>ee¤r dI éeeier flee (
SERVE NAME OF INDIVIDU , COMPANK CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE R CONDEMN
» lic? K; xg Q , é;g;t··g·;(Q;;hgg‘ at Q;E_€i"¢g ij,
ADDRESS (Street or D, Apartment No., City State and ZIP Code) (L C-L F-(1 (;§rf-gc.-I-{Ona,
_ AT U * F I .$§ ”?"` 6L— été.! l
EEEILTIQEQEPE$f*.’§’EEQ0£Y.T.QB'1?l.lE§.TE'L¤°E§@IEé@.L’*2DB`§*Ll¥';0..;-| Number of process is be
F U I served with this Form - 285 I
Hear-ry ,Satmate,l_ S BY1.°m2oi3é0 I
A ___ r I . _ |Number of parties to be
I) { Iq·V*-··}I·"*-IF-Q I°')"’€ (lt;] C6;] —-I-CI" Iserved in this case 6
I?I$’t PQ-dd.¢t:}< taped Ichkf ,
`- 1 . I BC UI SCI"/ICC
........ .X.r;I:I.‘S~.y.Il(.7aI.(·t€a‘LJE@-./.€.I9.?..? ._.___ : tm u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, AH
Telephone Numbers, and Estimated Times Available For Service}: F d
Fod nl
¤ ` { Y B · ¤ ¢ X I U V 2 E I
Rp ymmg 3,0 y ·I··‘l‘I€.,» t’Wé?W1(_, Cor-rx r-gébd
amt is 4-Aa rmnsrpaw is eFI’¤ éee -+i~t.+ T··¤~—r¤‘P¤’I"I‘e M 6 " F .
--2-he Dc·:n—t·t s+
Si nature of Attomey or o r Origin tor requesting servic on behalf of: %LAINTlFF TELEPHONE NUMBER DATE
_ lkml!. [,1,;-. ,,'s.ec/ I] DEFENDANT
SPAC ./I ELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I ack owledge rec ipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve \ 4
(sign only nist USM 285 if mm {2r~—{/- l _,, ,OyG
than one USM 285 is submitted) No. __" No. __ t;
I hereby certify and retum that I I] have personally s;:I'ed,`%have legal evidence of service, 1] have executed as shown in "Remarks", the process described
on the individual, company, corporation. etc., at the address s own abovc or on the individual, company, corporation, etc., shown ht the address inserted below.
lj I hereby certify and return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) - we ` ` A person of sulitablelage and dis- ’
, _ & 5; · fj eretipn {lien reastdérig in the defendant s
· - · - -...m.,.s.t,.,,,`,,,,_,, _ l.'l5'I.lI:I pEtC€ O B. O C.
Address (complete only if different than shown above) Date of ervice Time am
JAN 7* ar t· I ·. A/‘*
2t tulle IljQ.\[O:i& pm
_____,__`___¤m_ Signature of U.S. Marshal or Deputy
‘ as sisters? E {gf;
_ i Flifil-ilii"'i fl? =‘t*:¤`r:Ir
Service Fee Total Mileage Charges Forwarding Fee TotaI·'CIiargE§— `?X`“dv“ziiice’Deposits J ·`··AmourIt owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS: l I l l l l
he Ut} \¤°~~L/I/ li`t;¤I'\»t;\/tr~J~. <>\-»e
m°gEEg;¤gNS t. eteatc os THE count mm USMM me ”"5’””>

Case 1 :05-cv—OOO37-SLR Document 49 Filed O1/27/2006 Page 2 of 2
if MMI .
=..· av r L J fp L.
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.Q§_;§_]_ 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 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 if a response is not served and filed within 60 days after: January 3, 2006.
D . * :»‘·o (a
A %u5§
Signature of De n t Printed or Typed Name
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 th 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 plaintifi 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.