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

Case 1:04-cv-01523-JJF

Document 11

Filed 03/17/2006

Page 1 of 2

U.S. -Department of Justice united States Marshals Service

PROCESS RECEIPT AND RETURN
S e e Instructions f o r "Service of Process by the U.S. Marshal" o n the reverse of this form.

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PLAINTIFF DEFENDANT

I COURT CASE

NUMBER

30*35%

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TYPE OF PROCESS
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S~-ST

SERVE (

NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC.. TO SERVE OR DESCRIPTION OF PROPERTYTO SEIZE OR'CONDEMN

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ADDRESS (Street or RFD. Apartment No , City, State and ZIP Code)

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SEND -- - OF - - - - - - TO REQUESTER - NAME AND ADDRESS BELOW: ---NOTICE--SERVICE COPY--------AT - ---- -- - -------I
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Number of process to be
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I served with this Form - 285

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Number of parties S Z ~ Q . Nr v~ this caw to be r e d in

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Check for service U.S.A.

SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altkmate Addresses, All -. Telephone Numbers, and Estimated Times Available For Service):
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TELEPHONE NUMBER DEFENDANT ,

SPACE BELOW FOR USE OF U.S. MARSHAL ONLY - DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total i'rocc\s District of Origin number of process indicated. (Sign only first USM 285 if more than on: USM 285 is submitted) I . I)~\trict to Serve No. Signature o f Authorized USMS Deputy or Clerk

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I hereby certify and return that I have personally served, R h a v e l e p l evidence of' service. have executed as shown in "Remarks", the process described on the individual, company, corporation. etc.. at the address \hewn above or on the individual. company. corporation, etc., shown'at the address inserted below.
I hereby certify and return that I am unable to locate the individual, coltqxlny, corporation. ctc.. named above (Ser rerrlarks below) Name and title of individual served (if nor shown above) A person of suitable age and discretion then residing in the defendant's l~sualplace of abode. Date of Service Tine am

Address (complete only if different than shown above)

Signatur of U.S. Marshal or Deputy

SrL

Service Fee

Total Mileage Charges (including endeavors)

Forwarding Fec

Total Charges

Advance Deposith

Amount owed to U.S. Marshal or

Amount of Refund

REMARKS:

PRIOR EDITIONS
!MAY BE USED

1. CLERK OF THE COURT

FORM USM-285 (Rev.

I1/0 U58)

Case 1:04-cv-01523-JJF

Document 11

Filed 03/17/2006

Page 2 of 2

W T U R N 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.04-1523 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 of the Court, except for objections 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 afier: March 7,2CC6.

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 reiaring to the sulnrnons or the se~-;ie.r: cf sx;nxor.s, 2nd rr.~;~ object to the jurisdiction of the !~.!er 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 of the response with the Court. If the answer or a motion is not served within this time, a default judgement 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.