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

Case 1:06—cv—00009-Gl\/IS Document 13 Filed 05/05/2006 Page 1 of 2
U S Department of Justice PROCESS RECEH. I M iD RE I URN
‘ _ ' ` _ See Instructions for "Serv1ce of Process by the U.S. Marshal"
UHlt€d SUITES Marshals S€I`V1C€ on the reverse of this form.
PLAINTIFF COURT CASE NUMBER `
5 , 1 -i»;. L ' I Y" _i DG C li W5
DEFENDANT 75;;;,;/ pf ' A]? xp TYPE or PROCESS
at-I — ¢r: · ee Det a- <¤/o
SERVE NAME OF INDIVIDUAL, COMPANK CORPORATION, ETC., TO SERVE OR DESCRIPTION OFPROPERTYTO SEIZE OR CONDEMN
· Gulf P E-}c;;Ii'l’iu`.P ©·ll$YI;éx ta-? | 2QI £ jini Ijogfg '
ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
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F \ 7 I served with this Form - 285 (
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.. I __ I I Number of panics to be 6
; [2* Iserved in this ease
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and AME All
Telephone Numbers, and Estimated Times Available For Service): $2 Eofgi
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Sign ure of Attorney or other Originator requesting service on behalf of: I LAINTIFF TELEPHONE NUMBER DATE 5;- it _
C in i il all _l · tolli;. r.g._g& ·_ e Ht DEFENDANT 302 53 3-9,35; 9:2 j;·— QZ
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorized USMS Deputy or Clcrk Date
number of process indicated. of Origin to Serve ‘ I / I L
(Sign only hrst USM 285 if more I I D"
than one USM 285 is submitted) No. _ No. I I-
Ihereby certify and return that I E have personally served, have legal evidence of service, El have executed as shown in "Remarks", the process described
on the individual, company, corporation, etc., at the addre s s wn above or on thc individual, company. corporation, etc., shown at the address inserted below.
lil I hereby certify aud return that I am unable to locate the individual, company, corporation, etc., named above (See remarks below)
Name and title of individual served (if not shown above) A pg.-sg.-1 Of guitgbkg age and dis-
lil eretion then residing in the defendant‘s
usual place ol` abode.
Address (complete only ifdifferent than shown above) Dat of Scrvice Time am
0 Pm
Signature S/)Mat‘Shal or Deputy
L.
Service Fee ‘ Total Mileage Charges Forwarding Fe T tal Charges Advance Deposits Amount owed to U.S. Marshal or Amount ol` Refund
(including endeavors) ·
REMARKS; I
. . S 4
Moa tuetf /t:»/’t»~M¢*
P¤°gEEg;{I*I$NS 1. CLERK or THE COURT mm “S”·’~"5 me ”""’°>

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i Corporate/Entity Defendant
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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
CA. No.06-009 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 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 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 of the 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 if a response is not served and filed within 60 days
after: March 8, 2006.
Date: 5* *-l· ' OCS
_ UWT ""··l ignature efendant . tinted or Typed N e
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 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 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"
fonn 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.