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

Case 1:04-cv—01385-Gl\/IS Document 13 Filed 10/24/2005 Page 1 of 2
U S De artment of Justice PRO EESS RECEH I Mm REIURN
' P ` _ See Instructions for "Service of Process by the U.S. M3ISh3i"
. United States Marshals Service tm the mma of this form.

PLAINTIFF , COURT CASE NUMBER
"‘A<;t< ` /./·'
t A ’J
DE NDANT ' TYPE OF PROCESS
' I It
Aa lu a u;) . 0/. . . ¢ 4 — SS S`
SERVE NA E OF INDIVIDUAL, COMPANY, CORPORATION. ET _, TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
’ A L
· 6 O
ADDRESS (Street or RFD, Apartment No., City; State and ZIP Code)
AT •'.AIA. '
EEELAEIIQEPEEENEEQOBLTQ BQEEETEEE 5*W.E &l`£?é2*l“i$ii2€':.OLV;.-. Number or- process to be
T- _ E.- ft; lserved with this Form · 285 /
•-•··'
.4/ICL/< M hk/. / a0935J’&2 , _
{/e • M I Number of partres to be ‘
{ [served in thiscase
/
I |Checkforservice
________________ _L ____ ___ ______ _ _______ : on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN ~XPEDITlNG SERVICE (Include Business and Altemate Addresses, All
Fcelephone Numbers, and Estimated limes Available Por Service): lh ld
ld , _ P V `o
e rm KDeAy72aM4,;dA R/?ez. A;/C 5 Marg ,4 7
I 5
,O {C5. SC; Z / / /9 rp / Q_/)A47`é3)é/ _, ,· / g A Q5? .
“/.~ PEO/C/lL D6/Z4/ij? /V5/V;
Signature ofAd mey or other'O?gi· tor requesting servie on be '. ¤PLAINTlFF TELEPHONE NUMBER DATE
.~(/I. __, .. gl “ _ _ U DEFENDANT g-{EQ {/Z {5

SPACE BELOW FOR USE OF U.S. * · ' HAL ONLY—DO NOT VVRITE BELOW THIS LINE
I acknowledge receipt for the total "lbtal Process District District Signature of Authorized USMS Deputy or Clerk Datc
number of process indicated. of Origin to Serve { 0
(Sign only tirst USM 285 if more - ¢ / /
than one USM 285 is submitted) No. __? No. *_ ,.L_._ti.>
I hereby certify and return that I U have personally served " have legal evidence of service. l;l have executed as shown in "Rcmarks". the process described
on the individual, company, corporation, ctc., at thc address s own above or on the individual. company. corporation, ctc., shown`at the address inserted below
lj I hereby certify and retum that I am unablc to locate thg;.u1d.i1i.dua.l,.t;o.u1pany,ucoeporation-eeIc._ named above {See remarks below)
~ _ I
Name and title of individual served (if not shown above) -· — I A person gf guitublg age and dig;-
, lj cretion then residing in the defendants
usual place of abode
Address (complete only ifdilferent than shown above) { ‘ ‘ ` Date of Service Time am
i Z I }]l`I'l
X '{··<1"wi.P I ` I - Signature gx; Marshal or Deputy
|-I,~·r*jrrt‘·, · · C `
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to US. Marshal or Amount of Refund
(including endeavors)
REMARKS:
A
{na I t/ef F0//’l,t/woe at
*’*¤°gEEg;{ggNS 1. CLERK or THE coURT ’°‘“” "S’“·”5 (Rn W")

Case 1 :04-cv-01385-GIVIS Document 13 Filed 10/24/2005 Page?/dfré
RETURN OF VVAIVER OF SERVICE OF SUM MONS, s A I
l acknowledge receipt ofthe request that I can waive service of sttmmons itt the matter ot
CA. No.04-I385 in the United States District of Delaware. l have also received a copy ofthe
complaint in the action, two copies ofthts form, a copy of the Order ofthe Court authorizing
service and a means by which l can return the signed waiver without cost to me.
l agree to save the cost of service ofa summons and an additional copy oftlic complaint
in this lawsuit by not requiring that I be served with _jttdicial process in the manner provided by
Rule 4. l will retain all defenses or objections to the lawsuit or to thejurisdiction or vcntte ofthe
Court, except for objections based on a defect in the summons or in the service oftlic summons.
l understand that ajudgement may be entered against the party on whose behalfl am `
acting ifa response is not served and filed within 60 days after: October l l . 2005.
Date: ga U Fg ,’
"\ .
i { l/1/7)»1·M-;»’ C L·_.a.·;<‘ F5'?//#—(, j ·Z Z- · l,§;.;L{.L,· tat,.
`ignature of Defendant Prii ted or Typed Name
DUTY TO AVOID UNNECESSARV COST OF SERVICE OF SUl\/Il\/[ONS
Rtile 4 ofthe Federal Rules ofCivil Procedure requires certain parties to cooperate in saving
unnecessary cost of service ofthe summons and the complaint. A defendattt located in the
United States, who, after being notified of an action and asked to waive service of summons
on behalfofa plaintiff located in the US, fails to do so will be required to bear tlte cost of
such service unless good cause be sltown for that defendattt's failure to sign and return the
waiver.
lt is not good cause for a failure to waive service that a party believes that the complaint is
untounded, or that the action has been brought in an improper place or in a cottrt that laclts
jurisdiction over the subject matter ofthe action or over defendants person or property. A
defendant who waives service ofsummons retains all defenses and objections, except any .
relating to the summons or the service ofsummons, and may later object to thejurisdiction ofthe
(`ourt or to the place to where the action has been brought.
A defend ant who waives service mttst within the titne 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 ofthe response with the Court. lftlte answer or a motion is not
served within this time, a defattlt judgement may be taken against that defendant. By waiving
service, a defendant is allowed more time to answer than ifthe sttmmons had been actually
served when the reqttest for waiver of service was received.