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

Case 1 :04-cv-00954-SLR Document 60 Filed 10/O4/2005 Page 1 of 2
· PROCE RECEIPT ANI) RE I URN
U.S: Department of Justice . SS - .. ·. . . ..
, _ _ See Instmctions for Service of Pmteas by the U.S. Marshal
UIIIIGCI SUITES NIZIISIIHIS SCIVICO on the reverse of this form.

PLAINTIFF COURT CASE NUMBER
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DEFENDANT TYPE OF PROCESS
l L I X L J `. · _ - I -
NAME OF INDIVIDUAL, COMPANY, C ' PORATIO ‘ , ETC., TO SERVE OR DESCRIPTION OF PROPERTYTO SEIZE OR CONDEMN
jDg,[g;, ogecré, Co;y;g;;*ES'£,;;Lg;_Q péé/r
» ADDRESS (Street or RFD. Apartment No., City, State and ZIP Code)
AT /5 ’ " .(• .. v .:- .
§PE'.lL"£’[email protected]. @£*’lEE. 9)£Y..T.9 .*3'1?P.E§.T.*§lL*°I EWE &’iP.;‘·P. @€.*EE*£’.“i". .. i Number of process to be
_ lscrved with this Form - 285 4
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I rumlger 0 panics to be
3/ P J J9 { |>€¥'V¤ IH this case
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and An te Addtessci Att
Telephone Numbers, and Estimated Times Available Rvr Service]: U.]; ’
FEE cg E9
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Signature of Attorney or other Originato requesting service tm behalf ot`; QPLAINTIFF TELEPHONE NUMBER TE .
2 - *—~ ’ F · a.-:¤.·.a· A ,_ _ U DEFENDANT ig: (5-OL}
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SPACE BELOW FOR USE OF U. . MARSHAL ONLY—DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorircd USMS Deputy ot Clerk Date
number of process indicated. of Origin to Serve //
(Sign only hrs! USM 285 if more jqx {9%
than one USM 285 is subntittcd} No. _.__ No. __,__ -—-? _. —.___.. ;_;..
I hereby certify and return that I [1 have perwtnally st;-ed. li have legal evidence of service, [il have executed as shown in “Remarks", the process described
on the individual, company. corporation. ctc., at the addrea shown above or on the individual. company. corporation, ctc., shown `at the address inserted below.
lj I hereby certify and tttum that [ ant unablc to locatc thc individual. cotnp:iny_ corporation. ctc . named above (SCC rcrndrks below)
Name and title of individual served (il" not shown above) U A pci-mn Or guitubiq Aga and dh,.
eretion thcri residing in the tlefcndanfs
usual place of abode.
Address {complete only ifdiftcrcnt than shown above) Date of Service Time am
pm
,%*0i l.S. Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U, . Marshal or Amount of Refund
( including endeavors)
REMARKS:
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PRlO:EE3;;ll?NS 1. FORM USM485 (Rev. DJI5/80)

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RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the rnatter of
C.A. No.04-954 in the United States District of Delaware. lhave also received a copy of the
cornplaint in the action, two copies of this form, a copy ofthe Order ofthe Court arrtliorizirrg
service and a means by which I can retrrni the signed weiiver without cost to me
I agree to save the cost of service of a. summons and an additional copy ofthe cornplairit
in this lawsuit by not requiring that I he served with judicial process in the inairner provided by
Rule 4. l` 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 ofthe srrinrnons.
I understand that a judgement may be entered. against the party on whose behalf l am
acting if a response is not served and tiled within 60 days after: May 4. 2005.
Date; Cl ·- 0* D _
Kn damn
Signature o Defendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUMMONS
. Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to coop crate in saving `
unnecessary cost of service ofthe summons and the cornplaintf 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 rlefendanfs failure to sign and return tlrc
waiver.
It is not good cause for a failure to waive service that a party believes that the complaint is ‘
u·nfoun_ded, or that the action has been brought in an improper place or in a court that lacks
jurisdiction over the subject nsiatter ofthe action or over dct`enda.nt‘s person or property. A .
defendant who waives service of sunnnons retains all defenses and objections, except any .
relating to the surrnnons 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 "Retrrrn of Waiver"
form served on plaintiff if unrcpresented or on plaintiffs attorney, a response to the Conrpla.int
and must also tile a signed copy of thc response with the Court. Lf the answer or a motion is not
served within this time, a d.efault judgernent may be taken against that detendant. By waiving
service, a defendant is allowed more time to answer than if the summons had been aciu ally
served when the request for waiver of service was received.