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


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Date: May 17, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:05—cv—00033-Gl\/IS Document 10 Filed 05/17/2006 Page 1 of 2
- R ESS RE ETP ANI) REIIIRN
~U.S. Department of Justice P OC . . T ,.
. \ _ _ See Instructions for Service of Process by the US. Marshal
UHltCd States Marshals S€I`V1C€ on the reverse of this form.

PLAINTIFF COURT CASE NUMBER I
’u:a • ··:‘ >-RBI . ` s..ég- •‘ ,u-.
DEFENDANT TYPE OF PROCESS
I . I H .
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO-SERVE OR DESCRIPTION OPPROPERTY TO SEIZE OR CONDEMN
' P `l {
* [>j—| alggé [.()g§f•.( ,] {QMS] £;,E.I*·J| QE
ADDRESS (Street or RFID, Apartment No., Cig State and ZIP Code) ·
AT ` s sc - ans it. .·· e ’·‘ I
EFHKLILOEQEPE FEBYLQE. QOELT9 BQEESTEILAI ENE L’*.i‘}P.§2'l‘§$;*E'£’K;-| Number or pmcess to be
F I served with this Form — 285 _
· domain IQ. C:tsve»-.1oR I _ - I
- , I |Number of panics to be ,, _
» - V lserved in this case .
I ’ I I lCheck for service
_____ . _____________ _ ______ _ ____ ; ____ ..._-: on U.S.A. '
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alteyg Addres;ses,.AlI
Telephone Numbers, and Estimated Times Available For Service): . · ~ ¢:Zr yy rrr
’w ". - P _ C? waeiu
C . I e · . . -. Q x it;
‘ - - . E'; Fit;.
· C P - e . E? -¤
- . H - ;.@
3 es M, .,,_
- _ C I ¤· {Ti? .
- . R X 3_;Z-i.
ignature 0 J ey or othe i I ;» nator requesting service on behalf of: |H,,§£AINTlFF TELEPHONE NUMBER DA? @5% _
,2 Kt DEFENDANT j/a lot;
PACE BELOW 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 U U
number of process indicated. of Origin to Serve
(Sign only Hrst 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 evidencc of service, E have executed as shown in "Rcmarks". the process described .
on the individual, company, corporation, etc., at the address s own above or on the individual, company, corporation, etc., shown Eat the address inserted below
lj 1 hereby certify and retum that I am unable to locate the individual, company, corporation, ctc., named above (See remarks below)
Name and title of individual served (ii` not shown above) A pc.-Sqn gf suirabk; nge and djsa
I] cretion then residing in the defendant’s
usual place of abode.
Address (complete only it"dift"erent than shown above) Date of Service Timc am
‘ ./ ` .
§ . . ,,,,,
I Signature og UI? Marshal or Deputy _
ervice Fee ‘ Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
{{ggEEgg¤gNS 1. CLERK OF THE COURT mm “S’“·”5 me "·""”*

Case 1 :05—cv—00033-GIVIS Document 10 Filed 05/17/2006 Page 2 of 2
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.05-033 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 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 withjudicial 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 judgment may be entered against the party on whose behalfl am
acting if a response is not served and filed within 60 days after: April 28. 2006.
Date; S @@0 6
J/WU? C- Frm wc, g
Sig ature of Def ndant 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 the summons or the service of summons, and may later obj ect to the jurisdiction of the
Court or to the place to where the action has been brought. Z-- .
A defendant who waives service must within the time specified on the "Returrfof Wa@r" _____
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to? the Coiiaplaint
and must also file a signed copy of the response with the Court. If the answer or;a rnotidiiiis not--Li
served within this time, a default judgment may be taken against that defendant.Â¥By waiwjing
service, a defendant is allowed more time to answer than if the summons had been actually l gt
served when the request for waiver of service was received. U -
. [“\J _ I,
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