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

I Case 1:O6—cv—OOOO1-Gl\/IS Document 10 Filed 05/O9/2006 Page 1 of 2
U S De artment of Justice PROCESS RECEIPT MID REIURN
_ p' P * _ See Instructions for "Service of Process by the U.S. Marshal"
UH1I€d SIZHICS Marshals SCTVICC , on the reverse of this form.

PLAINTIFF {RL COURT CASE NUMBER
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DEFENDANT V TYPE OF iROCESS
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NAME OF IN I IVIDUAL, OMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF`PROPERTY TO SEIZE OR CONDEMN
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____ _____ ___ ____ _EI_ ________ _ _______ _ _______ on U,S.A. ‘f;:¤»• -—j;·
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SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Add¤5sesE§All _
- Telephone Numbers, and Estimated Times Available For Service): ` — ~” ·m Lp,
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I, . F Qeozv - Signature of Attomey or other Origin or reiqu sting service on behalf of: ‘EiPf§NTIFF TELEPHONE NUMBER ` DATE -
* . · ` ,_ - QDEFENDANTI TS Bb
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 Or·igin to Serve
(Sign only first USM 285 if more _. _ _ _ _
than one USM 285 is submitted) No. M No. M _ tg,
V I hereby certify and return that I I] have personally served, [I have legal evidence of serviee, E ave executed as shown in "Rcmarks`", the process described
on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., shown `at the address inserted below
ij I hereby certify and return that I am unable to locate the individual, company, corporation. etc., named above (Sc remarks below)
Name and title of individual served (if not shown above) l A person of suitable age and dis-
U ctetion then residing in the defendanfs
usual place of abodc.
Add ss (complete only if different than shown above) l Date of Service Time am
_ t5.O$.;j Signature of U.S. Marshal or Deputy
l Service Fee j l Total Mileage Charges Forwarding Fee Total Charges I Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
( ineluding endeavors) ·
REMARKS: .
ON e r aims oecix
PRIOR EDITIONS ` FORM USM-285 (Rev. DJ15/80)
Mu BE USED 1. CLERK OF THE COURT

Case 1 :06-cv-00001-GIVIS Document 10 Filed 05/09/2006 Page 2 ot52· P, - _,_.. # ._
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. 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 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 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 filed within 60 days after: April 26, 2006.
Date: [ 96
i ‘;.»lru1 lh ; ( ln;
Signature of Def dant 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
umrecessary cost of service of the summons and the complaint. A defendant located in the
S 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 thejurisdiction 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 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.
spi if as