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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Case 1:05-cv-00037-SLR Document 45 Filed O1/10/2006 Paget 0f2
U S De artment of Justice PROCESS RECEH I Al In REI URN
` _ ' p ` _ See Instructions for "Service of Process by the US. Marshal"
United States Marshals Service on the reverse or ara form.

PLAINTIFF _ COURT CASE NUMBER
4; ¤ i..5· eI CII/r 0.05-057-SLR
DEFENDANT TYPE OF PROCESS
r . ' ‘ I `
Co t - • Kret, · Order Cc * •
SERVE NAME OF INDIYIDUAL. COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» COLJLt'\5(lI,I‘ ADDRESS (Street or RFD, Apartment No,. City, State and ZIP Code)
AT IIS/`I Ilftcicioc ROCL jrtft t”r'\Ct, Ct. `FG I 7
¥ElLl`£’1*€;E.9£E3E’EEQO£Y.T9,BEQEEETEILAI L*l.*°£"££I`l?.;°*E'?’.E*.€§§*2*@1’.·’;-i Number Or prom. ir, bg
F1 I served with this Form - 235 I
V "*`YS€·~mo.eI 58J.. 2ol350t. ,.
D et , U, _} . _ I Iwumber of parties to be ,
‘* O-CL ‘-’·”~'f‘€<.+¤0 oai Ceo lcv ii=~·=<* i¤*h*5¤¤S== (;·
IISI Pc1cldoC}< ROCLQI I _
I _ D I . . Check for service
.... ..-.Y.CO.§$..,t-.@.IQs·.t4J.€L.C.€.-.I.EI.`;I.2.2-.._:rm usa.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Iegephonc Numbers, and Estimated Times Available For Service): F
o old
C*-rYI€·TYWII)(£.t" (3-F; C_ICC_S`,5'I·h\tCG¤IlOt’I C\OYYITY\I`IT+&€_
. _ . _ _ / ' -1-
‘I"I”\Q, C/`VIt_Al—Irl P Ig D15 C-IP lr y·¤,g,r">/ I €L(t.,tY'I>
Signature of Attorney or other Originator requesting service on behalf of; M TELEPHONE NUMBER DATE
_ I ' / PLAINTIEF _
....· r I .. .. .4- .... - r . . ¤ ¤ErE~¤A~r Ll;t;Q5
SPACE B C W FOR USE OF U.S. MARSHAL ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt For the total Total Process District District Signature ol Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Scrvc
(Sign only first USM 285 it` more
than one USM 285 is submitted) No. ;_ No. __
I hereby certify and return that I [I have personally served. [EI have legal evidence of servic?t¤-have cxccutcd as shown in "Remarks". thc process described
on the individual, company. corporation, ctc., at the address shown above or on the individual. company. corporation, etc., shown at the address inserted below.
EI I hereby certify and return that l am unable to locate the individual. company. corporation. ctc., named abovc (Sec rcrriarks below)
Namc and title of individual served (ff not shown above} A pcrsori of suitable age and dis—
CI crction then residing in thc dcfcndartfs
usual place of abode.
Address (complete only if diflerertt than shot-vri above) Date ol Service Timc am
.-f
.•’
/25 rm
Signature of U.S, Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owcd to US. Marshal or Amount of Refund
(including endeavors)
REMARKS: F I i d
tm, , ow [2f;.}"lA/\»f\i,¢7
Pmox so 0Ns - - · ' "' Pontu usM-zss om. msrsu
MM BE Us , msrracr or t1EtA—:t.AItI1. C ERK OF THE COURT I

Case 1 :05-cv-00037-SLR Document 45 Filed 01/10/2006 Page 2oflE' fl 5 · {Tit
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. 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 ofthe 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 of the
Court, except for ob_jections 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: j j es/we
/f {;\_C\/vv-.. i { %l_l-"]_,'l»/$*\-»"i L-·· S i (L V-Ve -r-3+-4;) \<{"‘€·c LM
Signature of Defendant 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 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 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.
lt 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 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 unrepresented 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.