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

Case 1:04-cv-01523-JJF Document 10 Filed O3/14/2006 Page 1 of 2
U S De artment of Justice PRO CESS RECEH I M m RETURN
‘ _ ‘ p * * _ See Instructions for "Service oi" Process by the U.S. Mar.shal"
Urrrted States Marshals Service on me reverse of this rim.

PLAINTIFF COURT CASE NUMBER
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DEFENDANT TYPE OF PROCESS
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NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC. . TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE O ' CONDEMN
· €b=...1S:E':»E.><-. C.-¤'¢.§—_," •;..'r'r;.c.>...a5n... "l.L..tt;-·r·;,·1·x.»]j, ¤&.g·&“ T'¤•...>-\ EX, Ijfjj Z
ADDRESS (Street or RFD. Apartment Nor, City, State and ZIP Code)
AT »¤——'¢-C-IL. tc.:&,t>·t¢..q=r.;.
§.E![Ll`i9E‘£5.9E¥@'EE‘iOE.Y.TQB*1?E’$§'E'LAI§.*E·Lt*.`E&'*lL’;*ED£§*Lii*5E’L“;-i number of process ta be
I—— I served with this Form - 285
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Q: ` Fi _ I Number of parties to be
‘··-·*'=-•··‘E:•:.‘s·L \,,;g§;_@E_L_j',3;c_ ,__I,h,\_ `z,.__»I'·=.,'{'¢_"{\J~I-EF Iserved in this case
I &’CIz'I"f=-’T-(3**, ‘*·-I BE- Iqtrq 7 IChecI< for service
______________________________________ I on usa.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated Times Available For Service):
Fold r-· Fold
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x>.l‘-\.UP~€;iZ- CASE Z`: "
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Sig ire of Atto i· or other Originat requestiu rvice on behalfolt _ TI€l.EPH()NE NUMBER ZDKTE
/ / , . PLAINTIFF ·-
I. / a/..-...· _ 4..; "·€* _ l' DEFENDANT Z-] ‘3¤-0%
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SPACE BEIDW OR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total `lotzil Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. ul` Origin to Serve _ /_ _
(Sign only lirst USM 255 if more /7-G1 (D
than one USM 285.% .~.ub:nir:ed.l No. _ _ Nu. _ _ _ _ _ _ _ E. Q;
I hereby certify and retum that I I-.: have personally served. I have legal evidence of service, IT have executed as sliown in "Remarlts", the process described
on the individual, company, corporation. etc., at the adtlre. rs own above or on the individual, company, corporation, etc._ shown `ut the address inserted below.
I] I hereby eertil`5 and return that I um tinntile to locate the individual, coinptmy, curporationt etch named ttbuxe {See remarks below)
Name and title of individual served (ifnitt shown abuse} A person of suitable age and dis-
Li eretion then residing inthe defendants
uqual place of abode.
Address (complete only ifdzflierent than shown above) Date of Service Time am

_ O 1 pm
Signcttug of U.S. Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee `Ibtal Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endea vors)
REMARKS:
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I'RI0l;EE3;ll;l;)NS OF F RM USM 285 (Rev. I2JlS/80)

Case 1 :04-cv-01523-JJF Document 10 Filed 03/14/2006 Page 2`ef 2 .. . v.
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.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 ofthe 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.
Date: 3 ( 9/[OC;
’< _ I /4 rr!
Signature of Defendant E Printed or Typed Name I
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 ofthe summons and the complaint. A defendant located in the J
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 Qu
such service unless good cause be shown for that defendant's failure to sign and return the , L
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 coun 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. 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.