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

Case 1 :04-cv-00201-JJF Document 55 Filed O3/27/2007 Page 1 of 2
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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.04-201 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 retrun 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 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 tiled within 60 days after: March 13, 2007. E j
Datei ·~ -07
(5; ig of
Signa e of Defendant 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 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 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 "Retuni 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. Dy 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. f ` -
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Case 1 :04-cv-00201-JJF Document 55 Filed O3/27/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT M ID REI URN
' _ ' P * L _ See Instructions for "Service of Process by the US. Marshal"
Umted States Marshals Service tm the mma Or mts am.

PLAINTIFF __ _ COURT CASE NUMBER
| · · I Lt DIC/{Eh ' "‘lOl·;]rZ]`F
DEFENDANT - ,.. TYPE OF PROCESS
c /a Rai A ef
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
» DQ QM · gg Qg rrgc§'I7cmctl Qfggglrg ’ I;
ADDRESS (Street or RED, Apartment N0., City State and ZIP Code)
AT LIS Paat ek Ratt Smit DE W?77
E5l`l.'1.'*@T.l(.15i)E$i5E}’}§E‘iO£"LT2 BEJEEETEEE Eli".? .";@.é2D.E'.?§§'§E';OB’;-| Number Or pmccss tt, be
!——— P D A _ _ I served with this Form - 285 54- ,
I<€,v‘in I—· 'CK@"*-S I
.. · ·. I Number of parties to be .
|S€1'V€d II] IZI'II5 CBBC · I
[Check for service
____________________________________ ___ _: on U.S.A.
I SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
gggephone Numbers, and Estimated Times Available For Service): d
FOI
Signature ofAttomey or other Originator requesting service on behalfof: R PLAINTIFF TELEPHONE NUMBER DATE
n f Xt #@ ` I e KI DEFENDANT OQ
SPACE BELOW FOR USE OF U.S. MARSHAL 0NIY— DO NOT WRITE BELOW THIS LINE
I acknowledge eceipt for the total Total Process District District Signature ofAuthorizcd USMS Deputy or Clerk Date
number of process indicated. ofOrigin to Serve -___/ -
(Sign only Hrst USM 285 if more 5 2
than one USM 285 is submitted) No. __,,_ No. ___ _
E
I hereby certify and return that I [I have personally served, Ni have legal evidence of service, I] have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addres . · wn above or on the individual, company. corporation, etc., shown`at the address inserted below.
I] I hereby certify and return that I am nnablc to locate the individual, company. corporation. etc., named above (Sec rernarlcs 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 it`d'itl'crent than shown above) Date of Service Time am
--..— pm
` ` V ` Signature of l.l. . Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Mars al or " Amount of Refund
(inciuding`endeavors)'}T ` ` ' ‘ rs;
REMARKS; ` FTP
lk V lf—i2/I/I/tie »

0 USM-2.85 (Rem 11/1.5/81}
·’M§ggEEg;QgNS 1. CLERK or THE COURT F RM ’

Case 1:04-cv-00201-JJF

Document 55

Filed 03/27/2007

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Case 1:04-cv-00201-JJF

Document 55

Filed 03/27/2007

Page 2 of 2