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


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Date: December 6, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
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» Case "°"‘°”‘°°92"SL':‘ D°°“'“€“*‘Fno&l§§ ‘i%£?€l€89i’ ANE;§g|iE'I Department Ot justice _ See instructions for "Service of Process by thc U.S. Marshal"
UI'l1[€Cl States Marshals SBFVICC on the reverse of this form.

PLAINTtFF_ _ _ _ COURT CASE NUMBER
\A,rz DEFENDANT ~ _ é , TYPE OF PROCESS
ZA bs/r€6'A/<’ F /7c U ' 3 F" Ofc/ E. A4#~`7`"
NAME OF INDIVIDUAL, COMPAN CORPORATION. ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO S *‘ ‘·”' ’ OR CONDEMN
.; A · Suda, {
» ADDRESS (Street or RFD, Apartment No,. City, ate and ZIP Code)
c —-—· .... ~ ,. ‘ -‘ or ` , `
AT DE/A Ls//W6 B E'- A¢’7;7¤¢'~’ {V5 Do t/52 Def / 990 4/
$§'2..l`@B‘E2F. ii5'§’EE.Q0D'.TQ £E.Q!E£*`E’L*°:I NW2 &l`1E‘i*2D§`*L$§.*£5L0&';-i Number ot process ul bc . »
· ` A · . I ed ‘iIith‘ Fo -285 ..
|— lA,,e/ui; Zmtutmd G,/4; T"' ‘"' 'S "“ E
Di§’/4‘la./»7»<“»’;" &`7<4·/rs'? t;‘;"c';°€ °Eh?;‘T;;'° "° *1
M I In 1
5/ 1 / pd ccf M"
I { Su ICheek for service
U.S.A.
........................._._..,....._. I cm
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
gilfcplionc Numbers, and Estimated Times Available For Service):
me
P/q UP @73 UA SF Z
Signet · of Attomey or other Originator rcguesting service on behalf ot': TELEPHONE NUMBER DATE
. __ ' _ _ I I ..5 ;;- _ 3 PLAINTTFP
__ _ .. lj DEFENDANT /l/ y ‘ -·{) 5-
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT ’ W TI-I `l"
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. ot` Origin to Serve
(Sign only hrst USM 285 if more _ ¢" { {O X
than one USM 285 is Submitted) No. IH. I, ___._. C . j
- I 5 - I
I hereby cenify and return that I U have per·snnulIy· ==;2 cvidc _ f have cxccutcd so sltcwrt in "Retnt¤rW'% dcscribed
on the individual, company. corporation, ctc., at the or on the ii1d »ugEompany. ctc.. shown ht the address inserted below
l;] l hereby certify and return that I um unulnlc to locate the individual, corporation. ctc., namerl nbove (Soc n_=m¤.a·r3rs below)
Name and title of tndivitlual served (if not shr:u·ri· above) A perwn of suitable agi.: and dis-
lj crution then residing in tht: delendant`S
usual place of abode.
Address (complete only tldiffcrcrit than shown above) Date of Service Time am
l l £},}l (Li pm
Sign tp; V Mztrs r Deputy
· *;- ° ii;. `?,;"¥
" -* r·d <
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or A d
(including endeavors) ‘ _ l ` img
c ~ Y ·E,‘
REMARKS: I
._ .t / *7
MULL \ Ut; if
{;*ygEEg;;*g”S 1. CLERK or THE COURT *°*” USMS ***·* ****5***°*

_ U Case 1 .04-cv-00921-SLR Document 45 Filed 12/06/2005 Page \2, 2q X K, UIC, kl
RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt of the request t.hat I can waive service of summons in the matter of
C.A. No.04—92l 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 thejurisdiction 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 after: November 17, 2005.
Date:,/ ·
L. ( C, Z , to
4..... %·‘e*—# &rw»€c°A . I - ww 9*%*
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 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 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 defendants 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 "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. ·