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

Case 1:04-cv—O1385-Gl\/IS Document 17 Filed 11/O2/2005 Page 1 of 2
U S D f J - PROCESS RECEIPT AND RETURN
. . epartment 0 usttce . .. . ..
_ _ See Instructions for Service of Process by the U.S. Marshal
Untted States Marshals Servtce OH me mime Or this nm.
.
PLAINTIFF , / COURT (`ASE NUMBER
· ‘ I I
DE l N ANT T PE OF PROCESS _
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. (E, l/i , . S
S RVE EMI; OF INDIVIDUAL. COMPANY, CORPORATION. EIT`. . TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
· A DRESS (Street or RFD, Apartment No., Cjt)4 tate and IP Code) [
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AT ' C gi —* .4};.. 6,22 L" . ·
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW: ‘
——-——- -- --——— — ——-—— - —--— ·-- -----—------ | Number It rocess to be
It { Q 6 &-/. dc-/i J ,55::27%, ’ an Iscrvcd with this Form - 285 /
i l t it G A A l
pc f /9 * i, }/ / I Number nf parties to be
@/ / / / ( " 'A if » iserved in this case
I Q i E6, I 7 7 : Check for service
____ ___ ____ ____’ _____ / _____ __ _______ _ ____ ____Io1t U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses, All
Telephone Numbers, and Estimated Hmes Available For Service): / I
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c2 * I _ 7 _ - .%(’/g ,7;zg£/gg, J / J / dyzg
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%A. zcwie r ,/MAA ey {g,»;-Z;It I I C JE ,/77 7
Sig ature ot`Attnrn or other Originator requesting serv` e on behalf ol`: TELEPHONE NUMBER DA'l`I€
J. XPLAINTIFF _
l JAM T9 L/, tj DEFENDANT 2 Og
{ PACE BELOW FOR USE •. U.S. MARSHAL ONLY — DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature ol` Authorized USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve J},
(Sign only first USM 2K5 it` more 5 *¢ **7, Q
than one USM 285 is subniitted) No. No. _____ {___ __
l hereby certify and return that l I] have personally served. Rave legal evidence of service. [I have executed as shown in "Ren1ark·.". the process dcseribed
on the individual. company. corporation. etc.. at the addrcs. shown above or on the individual. company. corporation. etc., Shown ht the address inserted below.
l:l I hereby certify and return that I am unable to locate the individual, company. corporation. etc.. named above (See rcntarks helotvl
Name and title of individual served (if not shown above) A person of suitable age and dis-
E cretion then residing in the defendztnt`s
usual place oi abode.
Address (Complete only if`dif`ferent than shown above) Date of Service Time am
l O l bl I W nm
Signatu of U.S. Marshal or Deputy
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Service Fee Total Mileage Charges Forwarding Fee Total (`httrges Advance Deposits Amount owed to U.S. Marshal or Amuuttt of Refund
(including endeavors)
REMARKS:
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CA \\.} E./"
¤‘¤*°gE*¤g;*gNS 1. CLERK or THE COURT mm “$’“·”5 me ”-’*"’°>

Case 1:04-cv—O1385-Gtl\/IS Document 17 Filed 11/O2/2005 C7 _
e RETURN OE WAIVER OF SERVICE OF SUIVIMONS
l acknowledge receipt ofthe request that I can waive set·vice ofstttnmons in the matter ot
CIA. No.U4—l385 in the United States District of Delaware. l have also received a copy ofthe
complaint in the action. two copies ofthis fonn. a copy ofthe Order ofthe Court autltorizing
service and a means by which I can return the signed waiver without cost to inc.
l agree to save the cost ofserviee of a stnntnons and an additional copy o fthe complaint
in this lawsuit by not requiring that l he served with itttlicial process in the manner providett hy
Rttle 4. l will retain all defenses or ohiectiotts to the lawsuit or to theittrisdiction or venue ofthe
t`ourt, except tor objections based on a defect in thc sttntntons or in the service ofthe summons.
l understand that ajudgetnent may be entered against the party on whose behalf l ant
acting ifa response is not served and tiled within 60 days after: October l l. 2(ltl5.
Date: gg}- ¤ >/
... .... ...... _g’5¢?;l, john li. -9;.
Signature of Defendant Printed or Typed Name
l)UT‘t’ TO AVOID UNNECESSARY COST OF SERViCE Oli SUMMONS
- Rule il ofthe Federal Rules ofCivil Procedure requires certain parties to cooperate in savtntt
unnecessary cost of service ofthe sunttnons and the complaint. A defendant loeatett in ttte
United States, who, al'tet· being notified of an action and asked to waive service otstttntttotts
on l.)Cll1`lu-lll. a plaintiff located in the US, fails to do so will he required to hear the cost of
such service unless good cause be shown for that tlcl'entlant's failttre to sign and return the
waiver.
lt is not good cause for a failure to waive sct·vicc that a party believes that the complaint is
_ untbttndcd. or that the action has been brought in an improper place or in a court that laclts
itttristlietion over the subject matter ofthe action or over delettdant`s person or property. A
dctendant who waives service ofstmtmons retains all defenses anti ohiections. except anv
relating to the sutntnons or the service of summons. and may later object to ttteittt·isdictiot·t or the
Cottrt or to the place to where the action has been brougltt.
A dclertdant who waives setvice must within the time specified on the "Return ot` Waiver"
lortn served on plaintiff, if unrepresented ot· on p1aintit`t`s attorney, a response to the (`omplaint t ·
and must also tile a signed copy ofthe response with the Court. iftlte answer or a motion is not
served within this time, at Cl€f£ILIii_lII(ig€l]lCllI may be taken against that defendant. liv waiving
service, a ttctendant is allowed more time to answer titan ifthc stnnmons had been actually
served when the request for waiver of service was received.
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