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

Case 1 :04-cv-01523-JJF Document 9 Filed O3/14/2006 Page 1 of 2
·· U S De artment of Jusztice PROCESS RECEH I M ID RE IURII
' _ ` p ` _ See Instmctions for "Scrvice of Process by the U.S. Marshal"
United States Marshals Service on ms reverse of ma nm.

PLAINTIFF COURT CASE NUMBER
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DEFENDANT TYPE OF PROCESS

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NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC.,T * $:%..:4 $:2 xL.: Q g_g,g"";; "Y"&_=;§g=T\J¥'€. fg ,;,5 qg Iqscgzg QS". |§|Q';{ Z
ADDRESS (Street or RFI). Apartment No., City, State and ZIP Code)
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AT t EAA tx. "L - LS.
§E§.[L'“L9D‘£$££$£i§’EEQO£Y.TQ £E?E*’:‘lT.E*L"·.I ."i®*.E .*’;I*£L*9ll*§i*£?E’LV;.-| Number of prsrsss to be
V-_ _ _., Iserved with this Form — 285
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{naar.,-·=;—,·tE.a·<’. C-{Ru-`E-»L·‘1‘_:.q,hJA`L_ ‘ZZ..4g.j,T—;..·.-`_,r,t_: {Number ¤f i>¤¤i¤5 *0 be
Iserved in this case
<&»c·Gt..u»'·E..¤*c» .4—.J BE. tc-t‘1'*-{7
I 'Check for service
____ ____ _________ _____ ___ ____ __________ ____ __:on U.S.A.

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altegl ate Addresses. All
Telephone Numbers, and Estimated 'Hmes Available For Scrvice).’ »~
Fold Z Z l EQ
YL, r=;_,e. C.c·.‘:E.. It
CJ"!
Sign t of Attorne or other Origi reque service on behalf ot": mmINTlFF TELEPHONE NLFl\»IBER I TP
{gi; i { 4 _ I; I>EFI£NDANT _ ;g_-5c: -. OS2 `
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- D0 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. oi Origin to Serve
(Sign only lirst USA"! 285 if more _’ 3--I
than one USM 285 issubntitted} Nu. T _ No. T _ _ T MT T T T . _ T T
l hereby certify and return that I l_l have personally server . . have legal evidence of service, :_l have executed as shown in "Reinarks", the proccers described
on the individual. company, corporation, etc., at the addresr s ovrn above or on the individual, cornpanv. corporation. CIC., shown `at the address inserted helow.
I hereby certify and return that I am unable to locate the individual. company, corporation, etc., named above (Sec remarks below)
Name and title of individual xerved (if not eshoun above} __ A person ol suitable age and dis-
l_ cretion then residing in the del`endant`s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
5 J pm
Signatu · of U.S. Marshal or Deputy
TQIJTTTT
Service Fee Total Mileage Charges Forwarding hse `Iotal Charges Advance Deposits Atnount owed to US. Marshal or Amount of Refund
(including endeavors)
REMARKS:
\l`)(A·\ JUT
PRIOR EDITIONS 1 OF FORM USM-285 (Rn IIJISJSO)
MAY nt; usttn ‘

Case 1 :04-cv-01523-JJF Document 9 Filed 03/14/2006 Page 2\of 2 Q c,
RETURN OF WAIVER OF SERVICE OF SUMIVIONS
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.04-1523 in the United States District of Delaware. I have also received a copy of the
complaint in the action, two copies ofthis 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 ofa summons and an additional copy ofthe 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 ofthe
Court, except for objections based on a defect in the summons or in the service of the summons.
‘ I understand that ajudgement may be entered against the party on whose behalf I am
acting ifa response is not served and filed within 60 days after: March 7, 2006.
V ‘ " N `~ N
Date: Y)! ( (ij if . ip
,»’ ‘ " ` ; " ` / i T"- " " ` i' " ` <"
U/(I gl/j I ifi-! ll /l{ll l fg l¤e2fi}i Signature of efendant 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 ofa 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 sunrmons retains all defenses and objections, except any
relating to the summons or the service ofsummons, and may later object to thejurisdiction 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. Ifthe 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.