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

Case 1 :06-cv-00072-JJF Document 20 Filed 1 1/08/2006 Pager 1iot 2) ( 0. L
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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 matter of
C.A. No.06—72 in the United States District of Delaware. I have also received a copy ofthe
complaint in the action, two copies of this form, a copy ofthe Order ofthe Court authorizing
service and a means by which I can retum the signed waiver without cost to me.
I agree to save the cost of service of a summons and an additional copy ofthe complaint
in this lawsuit by not requiring that I be served withjudicial process in the manner provided by
Rule 4. I will retain all defenses or objections to the lawsuit or to thejurisdiction 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 ifa r ponse is not served and filed within 60 days after: October 23, 2006.
Date: _
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ignature of 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 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 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 defenda.nt'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 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 "Return of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also file a signed copy ofthe response with the Court. Ifthe answer or a motion is not
served within this time, a defaultjudgement 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.
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Case 1:06-cv-00072-JJF Document 20 Filed 11/08/2006 Page 2 of 2
U S De amment of Justice PROCESS RECEH I Mm REIURN
’ _ ’ p " _ See Instructions for "Service of Process by the U.S. Marshal"
UTIIIECI States P/I£lI`SI`lElIS SCTVICC on the reverse ot" this form,

PLAIN`§ COURT CASE NUMBER
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DEFENDANT TYPE OF PROCESS
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NAME OI: IN IVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
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ADDRESS (Street or RH), Apartment No., City, State and ZIP Code)
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EEELILAEHLEBESEEEEQOEUQ BIEJEPETEIEE E·‘3l.“.E §.'EE’;’*2DB'§ *E!’E;...i Number Or process to be
T- I served with this Form - 285 3
cli`<‘i\>i tggw D, \[\ ="\1*t.‘ ‘Z. kl
" W iNumber of parties to be 5
Iserved in this case
I E lChecl·t for service
__ _________ __ ________________________ I on USA. -
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION `I`lIA'I` WILL ASSIST IN EXPEDITING SERVICE (Include Business andmikemate rigresses. All
Telephone Numbers, and Estimated Times Available For .S`ervicc).‘ .. A _
ran `) raid
__ F I . i
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Signature of Attorney or other Originator requesting service on behalf ol`: I- r TELEPHONE NUMBER DATE
` _ _ __ PLAINTIFF ,
. I ‘ `L; . gb _ __ it ij I)IjI·`ENDANT
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BEIDW THIS LINE
I acknowledge receipt for the total Total Process. District District Signature of Authorircd USMS Deputy or Clerk Date
· number of process indicated. oftjlrtgin to Serve
(Sign only Hirst USM 2837 if mon:
than nn: USM' 2li’_*Tissubn1i`ttc·tl) No. _ No. _ ; . _ _ _ _
I hereby certify and return that I I_l have personally served, L ` have legal evidence of service, I_I_f have executed avi shown in "Reniarks", the process described
on the individual, company, corporation, etc., at thc addre . sioyvn above or on the individuzil. ctnnpany. corporation etc.. shovuiht the address inserted below.
I I hereby certify and return that I am unable to locate the individual, company, corporation_ ctci. itaiticd abovc (Sec reniurlts below)
Name and title of individual served (il not shown above) A p€]·SOn of Sulwbic aw and dis,
cretion then residing in the def`ent;Iant`s
usual place ol` abode.
Address (complete only ifdillirrent than shown above) Date nl Service Time am
I I 5 Db pm
Signature Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges. Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS: (mj
PRIOR EDITIONS 1 FORM USM-285 (Rev. l2.’l5lBI)
MAY BE USED `