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


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Date: May 9, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:06-cv-00011-SLR Document 35 Filed 05/09/2006 Page 1 of 2
U.S. Department of Justice EROCESS REFEIPT Al in RE I URN .. A
s _ ee Instructions for Service of Process by the U.S. Marshal
United States Marshals Service on the mem- of nas ram].

PLAINTIFF COURT CASE NUMBER l
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DEFENDANT » 7/— _ TYPE OF PROCESS .
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SEEJE NAME OF INDIV DUAL, C •. PANY, CORPORATION, ETF., TO SERVE OR DESCRIPTION OF` PROPERTY TO SEIZE OR CONDEMN
» i Ep Agfyguf Zgfgé Cflév j r
ADDRE S (Street or RFD, Apartment No., City; State and ZIP Code)
" ` 0 , . ._ ’ ’ p , A r di V
AT A J! c»< i? . 6in N De at I 77 y
E€E’YL'LO1`[email protected]'.§’E?EC0.§.Y.TQ BEQEEETEKE EA B Al‘P£* D1.i®2'Ei';0.‘li;-|Numb€, of pmcsss tc, bg-
` I. , ` • `V $7 lserved with this Form - 285 p V é
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i Lgzyqjf ( { _ I Number of patties _to be .
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_ElE|:l_____, _____ _ ,______ ‘ ·-—» ______._...__. * on u.s.A. - ,.._,
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SPECIAL INSTRUCTIONS OR CTFHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternet dd1es%€sEEEAll
Telephone Numbers, and Estimated Times’Available For Service): mi; 7,;
M . , I . -. I A — T 2*
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_ Signature of · mey or other Originat = qu g service on behalf of; %LAlNTIFF TELEPHONE NUMBER ATE F
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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
(Sign only Hrst USM 285 if more _ 4 _ `
than one USM 285 is submitted) No. No.
I hereby certify and return that 1 I] have personally served, I] have legal evidence of service, E have executed as shown in "Remarks", the process described
on the individual, eompany, corporation, etc., at the address shown abovc or on the individual, company, corporation, etc., shown at the address inserted belowt
lj I hereby certify and return that I am unable to locate thc individual, company. corporation, ctc., named above (See remarks below)
Name and title of individual served (if not shown above) _ V A person of suitable agc and dis-
E cretion thcn residing in the defendants
usual placc of abode.
Address (complete only if different than shown above) l Date of Service Time am
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Signature of U.S. Marshal or Deputy
Service Fee j Total Mileage Charges Forwarding Fec Total Charges Advanee Deposits Amount owed t U.S. Mars al or A ount of Refund
(including endeavors)
_ REMARKS; l
\_/J ,_»;,t`t0;·s 'R2§·U$\\*?C>‘—.
PRIOR EDITIONS _ FORM USM-285 (Rem 12/15/80)
my BE USED 1. CLERK OF THE COURT

p Case 1:06-cv-00011-SLR Document 35 Filed 05/09/2006 Page 2 of ,4 —._ LR
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.06-11 in the United States District of Delaware. l have also received a copy of the
complaint in the action, two copies of this form, a copy ofthe 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 ofthe 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 inthe summons or in the service ofthe summons.
I understand that a judgement may be entered against the party on whose behalfl am A
acting if a response is not served and filed within 60 days after: April 26, 2006.
Date: f
/ ” l Sinn lc.; nj ‘l0 W`
Signature of De eiidant 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 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 unrepresented or on plaintiffs attorney, a response to the Complaint
and must also file a signed copy of the response with the Court. lf 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. - ‘ I gg