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


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Date: January 10, 2006
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State: Delaware
Category: District Court of Delaware
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T
Case 1:05-cv-00037-SLR Document Ocgg O1/g{2006 Page jr of 2
`Dcpanment Of JUSUCC _ See Instructions for "Serv.ice ot`Proccss by the U.S. Marshal"
Umted States Marshals Servtce tm me me-rss Or this mm].

PLAINTIFF COURT CASE NUMBER
Cl..f_I"\' SCLIYW I CIV. .C3·‘5·~O37·SLR
DEFENDANT TYPE OF PROCESS
LIZ. POF F Orrder /Co· ·»
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
· LC- lDC>F'l ELC .|QQ.lg3_té,lgg_l Q CgQg[ [ Q C.-lT[l[}Q,l C§_,"l]·—l—€.lh
ADDRESS (Street or RFD. Apartment No., City State and ZIP Code)
AT util Pas . . A s ..» » ¤ · M7
§F§.'?.’*L9E@2£ EEEYISE EOEYJQ B@2E§TElL*E IEWE AIQJEDBEEEL ESE;. ..| Number ot process ts be
F 4 iz: lserved with this Form - 285 l
l··l O-r rr y 5CLI'YIL,te_l SBA., 2.;>[ 360 I
_ _ _ f , · [Number of parties to be
D e. I aware LO r ragrtonocl C do Ter isms *¤ this we 6
I I I I cl ‘ `
I g OC, ’ lCheck for service
..... -l.,Y.l.I..O.Cs..,¢.ll. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business amt Anemrne Addresses, All
gjgephone Numbers. and Estimated 'Hmes Available For Service): RM
V lgwiber O P `T‘l\t§j, C lC<...5_5t·l"l C C4..‘|l"l(fh’> CUDAVG r"l"·f’ €»€-· il
/I./I Ot A ' ` ` T ’ A -·-·
( lllllflér Dl5C'lPl'flC°l—>/ l€,CL.t`FI
Signature ofAttorney or other Originator requesting service on behalf ol`: E/ TELEPHONE NUMBER DATE
_ PLAINTIFF
gr: JN I .4 a Au. . ·* . U DEFENDANT T ·· OZ)
SPACE *7 EIDW 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 Scrvc
(Sign only tirst USM 285 if mon:
than ont: USM 285 is submitted) No ____ No. §_ _
I hereby certify and return that I E have personally serxjed, IT have legal evidence of serviced] have executed as Shown in "Rcmarks", the process described
on the individual, company, corporation, etc., at the addrcs sh wn above or on the individual, company. corporation. ctc., shown `at the address inserted below.
lil I hereby certify and mturn that [ am unable to locate the individual, company. corporation. etc., named above {See remarks below}
Name and title of individual served (il" not shown above) A pm-Sqn gf gumblq egg and djs-
l;l cretion then rcsiding in the d.et`endant`s
usual place of abode.
` " ` ' '”'. ` "' " " 'i` l ‘ " "*""”'°’ Date of Service Time sm
{JD /OlO pm
Sisnarug oglgivtarshsl In Deputy
Se icc Fee Total Mileage Cha os orwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
tts. pt ·' t‘§‘6t‘.i """"$’
DESIITIC OFtlEt.t\WAFlE
REMARKS:
*’***°gEEg;;*gN$ 1. CLERK or THE coURT '”°*‘M "5M·”* me- "”"’°*

Case 1:05-cv-00037-SLR Document 46 Filed 01/10/2006 Page 2 ot 2 in IH ” “i" ll
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.05-37 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 l 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 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 if a response is not served and filed within 60 days after: January 3, 2006.
Date: [ "§"' Q
Q/iii it , 5-),~, ii;. SL. C? rg lc; { , rp g [tai. SE.
Signatur f Defendant Printed or Typed Na e
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
Rule 4 of the Federal Rules ot`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 ofthe 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 must within the time specified on the "Return of Waiver"
form served on plaintiff, if unreprescnted or on plaintiffs attorney, a response to the Complaint
and must also tile a signed copy of the response with the Court. If the 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.