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

Case 1:05—cv—00033-GIl\/IS Document 9 Filed 05/05/2006 Page 1 of 2
U s De artment of Justice PROCESS RECEIPT ANP REICRN
T' ,_ ‘ J P * _ See Instructions for "Service of Process by the US. Marsl1ai"
batteu "States Marshals Service OH me reverse Or mrs ttm.

PLAINTIFF COURT CASE NUMBER R
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DEFENDANT I TYPE OF PROCESS
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SERVE NAME OF INDIVIDUAL, COMPANXQ CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTY TO SEIZE OR CONDEMN
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ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
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EiEI€l.l‘LO'[email protected] EEEYLCE. Q°.EY.T2 EBQQEETEIUE EEEIE &@.£*ED.EE§.I2.E'£’E L - I number Or process to be 1
I-—— ‘ I served with this Form - 285 . ~ _
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q ‘ |Number of parties to be l ,
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL` ASSIST IN EXPEDITING SERVICE (Include Business a@AIt@ Tr! Addresses, AH A
A Telephone Numbers, and Estimated Times Avallable,For Service): . ’§ :rJ C _
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;· . /.1-‘ I_ ey or r Originator requesting service on behalf of: - {JAINTIFF TELEPHONE NUMBER DATE
nj El DEFENDANT '·l /5 E
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
[acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Scrve
(Sign only first USM 285 if more . _, - _
than one USM 285 is submitted) No. ;> No. _-
I hereby certify and retum that I [I have personally served, `have legal evidence of service, [I have executed as shown in "Remarks", the process described
on the individual, company. corporation, ece., at the addres· sh wn above or on the individual, company, corporation, etc., shown `at thc address inserted below
lj I hereby certify and return that I am unable to locate the irtdividual, company, corporation, ctc., named above (See remarks below)
Name and title of individual served {if not shown above) A person pf suitable age and dig- R
I lj cretion then residing in the defendant`s
usual place of abodc.
Address (complete only if different than shown above) Date of Service Time am
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. yl O i pm
3 gnature t" V- Marshal or Deputyl

Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed Io U.S. Marshal or Amount of Refund
- (including endeavors)
REMARKS: I

PRIOR EDITIONS FORM USM-285 (Rein 11*15/80)
my BE USED 1. CLERK OF THE COURT

Case 1:05-cv-00033-GIVIS Document 9 Filed 05/05/2006 Page 2.ot>2* \ J M cp ».{
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.054)33 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 judgment may be entered against the party on whose behalf I am
acting if a response is not served and filed within 60 days after: April 28, 2006.
Date: A 2
. , i r , . I
r igrj ure f e e da t 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 tile a signed copy of the response with the Court. If the answer or a motion is not
served within this time, a default judgment 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.