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

Case 1 :04-cv-00921-SLR Document 41% 12/OEQOO5 Pagle 1 of 2
U. . Department of Justice . . . .. - , . ..
_; _ See lnslruettons for Service 0f Process by tht, U.S. Marahal
UI`Il_ _ States Marshals SCI`VlC€ an the reverse 0f this form.
'
PLAINTIFF / _ I / COURT CASE NUMBER
I ( HA//5 4/ztJVV€`0C/ .7//if • -°tQl
DEHENDANT _ _ I I TYPE OF PROCESS _
CA 4 7.4*/,4/ Oi;/576 [fz rr? /4/r—»7
SERVE AME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PRO `RTY TO SEIZE OR CONDEMN
2 x `
· A n (silt-ei or RF1), A *" ‘*·i N0., city Stare and ZIP coat-;
AT D6'/ gzzrv: -752 /OL4/&/7'62’ //?//2?¤¤é;éC.,é 5172 D r! . /99 77
EFHILYLOEQEBE EEEE. Q’l’.Y.T2 £@9.EéTEB.:E EEE &l£’;’*P.D3'§&*£$l-.0EL.-t Number of peace to bc
T- . ' ‘· J · / . Iserved with this Form - 285 .,, 2
(,{»€/I//‘£·' l//J WI=*<* 1/ /5
-~ I
_ { _ ...»- ' Number of parties to be
D F/Ah/Axe é' 4·16Z’/.#4~,»~»A/ 67./ 762* {med in this cm i
F I' 1* ?*kl1.:. · » I
I //57/ /7 Oé‘C/( RAM ON? . r .56%/99 7 {Check for scp/icc
U.S.A.
_,,___,____,___,____,__,_________,____,_____,___,,________| OI'}
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (lncludc Business and Alternate Addresses, All
Elephune Numbers. and Estimated 'limes Available libr Service): Fold
d
y P/Q UP 676 (7% S é' ri
Signet Attorney or other -‘ service on behalfofz PLMNTIFF TELEPHONE NUMBER DATE
- I I ` wt.; EI DEFENDANT wg dz - *6 S`
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE"’§.0W THIS LINE
I acknowledge mecipt for the total Total Process District District Signature 0fAuthnri1ed USMS Deputy or Clerk Date
number uf process indicated. of Origin In Serve
(Sign Only first USM 285 if more H _ "" .. _ \ T-
thrtn One USM' 285 ic suhniitted} N0. _I_§—_ N0. _____
I hereby certify and return that I Cl have personally ser .r -. v eal evidctl¤Rie>\§i · have executed as shawn in "Rcrttarlu". the pt '`` ‘ •
on the individual. cmnpuny, cnrpcratiun. ctc., ut the n ahove er on the ny. ctntqnttrtttiert. etc.. Shown lat the address inserted below.
Cl I htstuhy certify. und return that I um unable to Iueute the imlividuaztl, cmnpany. ctwtverutiun. etc.. named ahnve (See relrrzrrks below)
Name und title of individual served (if not Shown .;thc_:vc) g. ,·\ person gf suitable · =__
‘= .. cretinn I ding r d:tnt`s
if usual plan! bttdc.
mmplete only il`dillL·n:nt than Shown itbovel {Z5:. Time um
Sign tx _ Marshal nt Deputy

.= ‘ -· A-
Service Fee Total Mileage Charges I-`erwurtltntz Fee Total Charges Advsince Deposits Amnuttt nwed tu U.S. Marshal nr
(inclttding endeavors)
REMARKS: at
§ ·
l.· _ -»¢‘ %
|"~· 1.-au
*‘*¤°gE¤g;*g"S 1. cuztuc or THE COURT *”°'“* “S'“·”5 <"~·* mm

Case 1 :04-cv-00921-SLR Document 42 Filed 12/06/2005 , Page 2 of 2
t (J {It 5 ( Cjtl
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—921 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 ofthe Order of the Court authorizing
sen/ice 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 ofthe
Court, except for objections based on a defect in the summons or in the service ofthe 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 I7, 2005.
DEIICZ S
3 . bgqgz Z) K. {;@tm4h j
ignature o Defendant Printed or Typed Name
DUTY TO AVOID UN NECESSARY 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 pany 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
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 "Return of Waiver"
form served on plaintiff, if unre_presented 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.
. ` L "