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

Case 1 :04-cv-01417-GIVIS Document 22 Filed 03/22/2006 Page 1 of 2
°' U Sn" Department of Justice PROCES. S RECEIPT Fu m RE I URN
' _ ' ` _ See lnstructions for "Serwee of Process by the U.S. Marshal"
United States Marshals Service on me reverse of mu iam.

PLAINTIFF A - \ COURT CASE NUMBER S
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DEFENDANT _ TYPE OF PROCESS
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NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTYTO SEIZE OR CONDEMN
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ADDRESS (Sr t RFD,.A rr iN ., Cr, Sr r d ZIP C d _ ·
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L - ‘ ~ Iserved with this Form · 285
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (lnelude Business and Altemare Addresses, All
Telephone Numbers, and Estimated Times Available For Service): 6: e—.
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Signature of Attomey or other Originator requesting service on behalf of; MNTIFF TELEPH NE NUMBER __ TE
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[I DEFENDANT ·i I _ e-my _ · LD
SPACE BEIDW FOR USE OF U.S. MARSHAL ONLY — DO NO WRITE BEIDW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve I/7 _
(Sign only first USM 285 if more ` T 6;* $2 ,-5 ,,0 (0
than one USM 285 is submitted) No. No. ___ i
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I hereby certify and return that I [I have personally served, is have legal evidence of serviee, [I have exeeuted as shown in `°Remarks", the process described
on the individual, company, corporation, ete., at thc addres s wn above or on the iudividual, company. corporation. etc., shown at the address inserted below I
Q I hereby certify and retum that I am unable to locate the individual. company. corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) A person of suitable age and dis~
i;i cretion then residing in the defendant’s
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
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Signature of U.S. Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(ineluding endea vors)
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PRIO:EEllZg;l;)NS 1. FORM USM-235 (Rem 12./15/B0)

i i Case 1 :04-cv-01417-GIVIS Document 22 Filed 03/22/2006 Page ~2= ot`2 ‘
1 1 Corporate/Entity Defendant
RETURN OF WAIVER OF SERVICE OF SUMMONS **1 fr \\
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
. C.A. No.04-1417 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 the entity on whose behalf I am acting be served with judicial
process in the manner provided by Rule 4.
The entity on whose behalf I am acting 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 aj udgement may be entered
against the party on whose behalf I am acting if a response is not served and filed within 60 days
after: March 10. 2006. i
Date: "i>- \'·b — OL?
Signature of Defendant Printed or Typed Name
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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 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 p.lace or in a court that lacks
jurisdiction over the subject matter of the action or over defendant's person or property. A
defendant fmzives service cf summons retains all defenses and t any
relating to the summons or the service of summons, and may later object to the jurisdiction of the
Court or to the place to where the action has been brought.
· A defendant who waives service must within the time specified on the "Retum 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.