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

Case 1:06-cv-00009-GMS

Document 8

U.S. Department of Justice United' States Marshals Service
PLAINTIFF
4

PROCESS RECEIPT AND RETURN
See Instructions for "Service o f Process by the U.S. Marshal" on the reverse o f this form.
COURT CASE NUMBER

Filed 03/17/2006

Page 1 of 2

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DEFENDANT

TYPE OF PROCESS

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ADDRESS (Street o r RFD. Apartment No.. City, State and ZIP Code)

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PY TO REQUESTER AT NAME AND ADDRESS BELOW:

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SEND NOTICE O F SERVICE

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I Number of process to be I served with this Form - 285

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Number of prrfies to be

I served in this case II Check for service I U.S.A.

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AFold -

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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All Telephone Numbers, and Estimated 'limes Available For Service):

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TELEPHONE NUMBER

DATE
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SPACE BELOW FOR USE OF U.S. &~AR!~HAL ONLY -DO
I acknowlcdge receipt for the total Total Procebs District number of process indicated. of Origin (Sign only hrsr USM 285 if more than onc USM 285 is submitted) N o I hereby certify and return that I have personally served. on the individual, company, corporation, etc., at the addres District to Serve . No.-

NOT WRITE BELOW THIS LINE

Signature of Authorized USMS Deputy or Clerk

1 Date

e legal evidence of service. have executed as shown in "Remarks", the process described n above or on the individual. company. corporation, ctc.. shown Bt the address inserted below.
(Sce remarks

I hereby certify and return that I am unable to locate the individual, company, corpor:~tion. etc.. named abovc Name and title of individual served (if not shown above)

below)

A person of suitable age and discretion then residing in the defendant's usual place of abodc. Date of Scrvice .

Address (complete only if different than shown above)

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Time

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Service Fee

I Total Mileage Charges I Forwarding Fee I Total Charges I
(~ncludmng endeavors)

Advance Deposits

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Amount owed to U.S. Marshal or

amount of Refund

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REMARKS.

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PRIOR EDITIONS MW BE USED

1. CLERK OF THE COURT

FORM USM-285 (Re 12115ESO)

Case 1:06-cv-00009-GMS

Document 8

Filed 03/17/2006

Page 2 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.06-009 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
3ctir.g if a response is not served-and filed within 60 days after: March 8 . 2 . 6

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Signature of ~efehdant

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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 actior, has been brought. Court or to the place tcr vi;here~thc. 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. 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.