Case 1:06—cv—00001-Gl\/IS Document 11 Filed 05/17/2006 Page 1 of 2
U S L Dc E-mmcm Of Juqticc PROCESS RECEIPT AND RETURN
' _ ° P * _ See Instructions for "Service of Process by the US. MarshaI"
United States Marshals Service . uu the reverse of me form.
PLAINTIPP y COURT CASE NUMBER l
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DEFENDANT TYPE OF PROCESS
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SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OPPROPERTY TO SEIZE OR CONDEMN
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ADDRESS (Street or RFD, Apartment No., City State and ZIP Code)
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§E.dD..l`@E‘E2ESED’£E§)£LT2 BEBEEETEEE EEE £*.l`§;°—2DBE.&'E@.‘i’;-| Nurnber of process to be
It- . Iserved with this Form - 285 \~
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E-\ ·· be v*'(°‘* <_` _ - {served this case ‘ Q
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. vn"; `_ Q R - lCheck for service A _
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSISTHIN EXPEDITING SERVICE (Include Business and Ar te Al§E(@4ses, Atl
Telephone Numbers, and Estimated Times Available For Service): ' i _ 3 su Q; _
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Signature-of Attomey or other Origingor requesting service on behalf of: EQINTIFFV TELEPHONE NUMBER DATE l V
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SPACE BEIDW FOR USE OF U.S. MARSHAL ONLY — DO NOT WRITE BELOW TI-IIS LINE
I acknowledge receipt for the total Total Process District Distric t l Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve
(Sign only first USM 285 if more - . ,
than one USM 285 is submitted) No. __ No. L
I hereby certify and return that Il] have personally served. 'have legal evidence of service, [1 have exeeuted as shown in "Remarks", the process described
on the individual, company. corporation, etc., at the addre· · shown above or on the individual. company, corporation, etc., shown at the address inserted below.
El I hereb eertif and retum that I am unable to locate the individual, corn any, co oration, etc., named above (See remarks below)
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Name and title of individual served (if not shown above) . . y A person of suitable age and dis— H ‘
_ p _ ' _ lj cretion then residing in the defendant's
V .` _ _ usual place of abode.
Address (complete only if different than shown above) I I EV . _ I ' l V _i Date of Service Time am
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J 5* '. ` Signature f S. Marshal or Deputy 7
Service Fee · Total Mileage Charges Forwarding Fee Charges Advance Deposits Amount owed to U.S. arshal or l Amount f Refund
(including endeavors) ' ’ `'“`` ` _ jpg;}.
REMARKS: ‘ A U
PMR EPPIPNS 1 CLERK or THE COURT mm “S*“·â€â€™ me ""*’“â€
ww BE USED ‘
Case 1:06-cv-OOOO1-G|\/IS Document 11 Filed 05/17/20.06 Page 2=of`J2=~-» ` _
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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.06-01 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
acting if a response is not served and tiled within 60 days after: April 26, 2006.
Date: 4 Z: g
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Signature of Defendant 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 1r1ust within the time specified on the "Return of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attomey, a response to the Complaint I
and must also tile 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.
I