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

Case 1:06-cv-00019-SLR Document 16 Filed 06/26/2006 Page 1 of 2
U S De artment of Justice PROCESS RECEIPT M ID RETURN
; _’ _ p ` _ Sec Instructions for "Service of Process by the U.S. Marshal"
United States Marshals Service on the m»t·ma Or this ram.

PLAINTIFF _ JT) I ‘ COURT CASE NUMBER
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-...~.r= t.ii>e 1r€-im l·L·*¢ DEFENDANT TYPE OF PROCESS
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NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
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AT I e1“I tue "i· I-CJ.Eeid-IIPIC . ;>’r. ct.»··.I\·i est
2€§lL"}9EQ€£’E.¥@E?E.(LO3Y.TQ BEPEEQTEEE WWE A@;*2DB':§SJEP9X’;.-i Number O; pmcm ,0 be
_ I served with this Form — 285 i
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4] ,` _ _ .. [Number of parties to be
I C E’C’Y~ CIIDIOI Iserved in this case it
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· \»I\J\ · I\I.%\“C>f$ ,_bkL |Check for service
______________________________________ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated Times Available For Service): ,..._» .-
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Signature of Attomey or other Originator requesting service on behalf of: ._ TELEPHONE NUMBER DATE} h--Z- -
,-—J _ PLAINTIFF I`)
· . __ , hgh., IT DEFENDANT PD
SPACE BELOW 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 . . I
(Sign only first USM 285 if more
than one USM 285 is submitted) No. _ No. _ ;t
I hereby certify and return that I I] have personally served, %Eave legal evidence of service, T; have executed as shown in "Remarks", the process described
on the individual, company, corporation. etc., at the addres s wn above or on the individual, company. corporation, etc., shown at the address inserted below.
i_i I hereby certify and return that I am unable to locate the individual, company, corporation. ctc., named above (See remarks 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 defendants
usual place of abode.
Address (complete only if different than shown above) Date of Service Time am
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Signature of U.S. Marshal or Deputy
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Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to US. Marshal or Amount of Refund
(including endeavors)
REMARKS:
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Case 1:06-cv-00019-SLR Document 16 Filed 06/26/2006 Page 2 of 2
Corporate/Entity Defendant
RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt ofthe request that I can waive service of summons in the matter of
CA. No.06—019 in the United States District ofDelawarer 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 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 the entity on whose behalf I am acting be served with judicial
process in the manner provided by Rule 4.
The entity on whose behalf I am acting 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 cr in the service of the summons. I understand that a judgement may be entered
against the party on whose behalfl am acting if a response is not served and tiled within 60 days
afier; May IS, 200_t§;
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Signature df Defendant lliinted 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 ofservice 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
tuifounded, 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 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 "Retum of Waiver"
form served on plaintiff. if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile a signed copy ofthe response with the Court. Ifthe answer or a motion is not
servedqwithini 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
» servediiivhen theijrequest for waiver of service was received.
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