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

Case 1:05—cv—00033-Gl\/IS Document 12 Filed 05/17/2006 Page 1 of 2
U S De artment of Justice PROCESS RECEH I M m I URN
' _ ‘ P ` _ See Instructions for "Service of Process by the US. Marshal"
United States Marshals Servtce on the reverse Orme rm.
PLAINTQFF COURT CASE NUMBER
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DEFENDANT ` V TYPE OF PROCESS
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NAME OF INDIVIDUAL, COMPANY, 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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T Iserved with this Form - 285, ll `
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_ I , 1 Number of parties to be _ ·
l Iserved in this case 1, .
I I |Check for service I
I ______ ____ ___________________ ; _____ _,_ _____ l on U.S.A. _ _,__ V ,
I- SPECIAL INSTRUCTIONS OR OTHER INFORMATION TI-IAT WILL ASSIST IN EXPEDITING SERVICE {Include Businessiand AI@ ate Aiidifjses, All
-_ Telephone Numbers, and Estimated Times Ava1IabIe For Service): I ` _ W" L :.+2
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Si - r ure y or oth inator requesting service on behalf of; ,ELAlNTIFF TELEPHONE NUMBER D . A I I
,...41 ‘ “ I U DEFENDANT “l[¢l I is b
PAC BEI..0W FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI·HS LINE
I ack owledge receipt for the total Total Process District Distr ct Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve
(Sign only Hrst USM 285 if more cr L/__ _ i _ ·
than one usiw 235 is submitted) No. ? Ne. x"
I hereby certify and retum that I El have personally served, ihave legal cvidence of service, [I havc cxccuted as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addres s l wn above or on the individual, company, corporation, etc., shown at the address inserted below.
Ci I hereby certify and retnrn that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)
Name and title of individual scrved (if not shown above) A person of suitable age and dis-
i;i cretion then residing in the defendant`s
usual plaee of abode.
ddress (complete only if different than shown above) ` Date of Service 'Hrne am
I Signatu? of Marshal or Deputy
Service Fee · Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or mount of Refund
(including endeavors) ·
REMARKS:
GUM [\/{/{
PRIOR EDITIONS FORM USM-285 (Rn 12/15/80)
Mu BE USED 1. CLERK OF THE COURT

Case 1 :05—cv—00033-GIVIS Document 12 Filed 05/17/2006 Page;2~q ,2~=,_ <,) { U Y,
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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.0S-033 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 ofthe complaint
in this lawsuit by not requiring thatl 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 of the summons.
I understand that a judgment may be entered against the party on whose behalf l arn
acting if a response is not served and filed within 60 days after: April 28, 2006. l
Date: fg Q fa Q
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Q /L/"""""'(·rCl [ ¢é¤v·‘;[¤> L C*?*’**¤\K
ignature 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
umrecessary 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 file a signed copy ofthe response with the Court. lf 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.
RECEIVED
MAY 0 l. ZUUE
DCC Warden's Office