Case 1 :06—cv—00778-GIVIS Document 49 Filed 08/22/2007 Page 1 of 2
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.06-778 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 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 . response is not served and tiled within 60 days after: July 18, 2007.
Dat : i /{ ` »
!..._» L1 ’ W
Si natu e of Defend t Printed or Typed N me
DUTY TO AVOID UNNECESSARY COST OF SERWCE OF SUMMONS
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving I
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 thc 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 stunmons 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 unrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile 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. ’_____ _, j__,___ ____ ,__j_, __ ,_, j __
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Case 1:06—cv—00778-Gl\/IS Document 49 Filed 08/22/2007 Page 2 of 2
U S De artment of Justice PROCESS RECEIPT AND REIURN
' _ ' P ` _ See Instntctions for "Service of Process by the US. MaishaI"
United States Marshals Service on me is-ieee at an iam].
PLAINTIFP Cgnz CASE NUMBER 5/
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DEFENDANT ~ TYPE OF ROCEss
I/MA·1’2~ i ipceyl Q 4,
SERVE NAME OF tnntvtpu/xt., ;
/'I/I Aria 5 2 n
» ADDRESS (Street or RFD, Apartment No., City; State and ZIP Code)
AT Dec il?} ?ri’0‘O·¤€/k’)lZO ,S"“·i/EA/lt? 06* [$977
§?£‘}[email protected].!€.F£’E EEEYEE. QPBLTQ BEEEETEUE EEAE £@i\2D.ElEs*L'?E';0F.“ L -I Num bs. Or p,.;,c.,5, L., bg
I served with this Forrn - 285 j
l { yg [ga):.//S $§/ if Svégs *2:2,
im/M . .
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· INurnber of parties to be
iD C-·' lserved in this case I 3
\ \ S ' I I Check fOl†service
______________________________________ :0.1 u,s.A,
SPECIAL INSTRUCTIONS OR OTHER INFORMATIONITHAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
gjelephone Numbers, and Estimated Times Available For Service); ld
Id _ Fo
†pm reléi Q T0 ‘~/
){J“l·`;Uj’?—/I/’V]fi CIGCIZ/-C AV; P/Uzft? IN" ®·€C/
ip Fitz mvtfl't2’~/
Signa ure of Attomey or other Originator request ng service on behalf of: FF TELEPHONE NUMBER ` P A
{ In I . UDEFENDANT Aj . .»
SPA BEIDW FOR USE OF U.S. MARSHAL ONLY- DO NOT WRITE BELOW 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
(Sign only tirst USM 285 if more °/_ 7,
than one USM 285 is submitted) No. _t_ No. __4_ ___._._
YI
I hereby certify and return that l K] have personally served, I] ave legal evidence of service, K] have executed as shown in "Reinarks", the process described
on the individual, company, corporation, etc., at thc addres shown above or on thc individual, company. corporation, etc., shown at the address inserted below.
lj I hereby certify and return that I am unable to locate the individual, company, corporation, ctcl, named above (See remarks below)
Namc and title of individual served (if not shown above) A pc,-Sm, of Sujmbtc age and dgs-
Cl crction thcn residing in the defendants
usual place ot` abode.
Address (complete only if different than shown above) Dat of Servi e Time am
in g 0 7 vm
Sig S. Marshal or Deputy
l'
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
( including cndca vors)
REMARKS:
E.
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PRI0;{EEIl?;;IgNS 1. FORM USM—285 (Rev. l2Jl5/80)