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

Case 1:04-cv—01328-Gl\/IS Document 11 Filed 10/24/2005 Page 1 of 2
'YN UC SS RE IPT wm RETURN
U S De artment of Justi CEIV E I PR E CE
' _ ‘ P ` See Instructions tbr "Service of Process by the US. Marshal"
United States Marshals Service on me reverse of this mm].
- I •• '
PLAINTIFF _ , l.,\~=C COURT CASE NUMBER
. r;I'·‘\‘»j_: T · -
I WWFS `?"J‘L ta · ”1`>·¤ l-ku 09/* /398 ‘ 6 Vfg
DEFENDANT 5 Z U_ . -[‘;‘firgis. ' TYPE or Pkocéis _ /
/5*W QP?/46 WWICV" ..»· =,~<2 / J5, C) `M C E F4 I
NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
E-1 é //.;_g/g=.7,r¢ ( [ge.;/ry"
_ ADDRESS (Street or RFI), Apartment No., City State and ZIP Code)
1 0 . n ze . ~ ( I C
AT QQV7 DA,7/{ jzcikci yi/r/»?1» dfléu l yy BV
EEEWEQEPE EEYEE. QUE)/JQ .*i@EE§.T.*iIL*E E/ENE .é@.*}2DB*§§.'2E!)!.‘L ..t Number of process to be _
I-— I served with this Form · 285 (1/
:Number of parties to be ,
Iserved in this case
I ICheck for service
______________________________________ I tm u.s.A. (/
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL} ASSIST INIEXPEDIIUNGLSERVICE (Include Business and Altemate Addresses, All
[Telephone Numbers, and Estimated Times Available For Service): i j` ‘ ‘ · · -· - — . .. Fold
Id I ‘ —__
i
I t
E ‘· .
’ . r I
;¢ at /6c/
ignature of Atto y or other Originator requesting service on behalf of: [E,PL/MNTIFF TELEPHON NUMBER DATE
Q DEFENDANT , {41 gg A C S
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY — DO NOT ’ TE 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 Origin to Serve J
(Sign only first USM 285 if more I ' mf ‘
than one USM 285 is submitted) No. L_ No. at re- Ld- .`__
I hereby certify and return that I [I have personally served, 5 have legal evidence of service. Q have executed as shown in "Remarks", the process described
on the individual, company. corporation. etc., at the address s own above or on the individual. company, corporation, etc,. shown at thc address inserted below.
I] I hereby certify and retum that I am unable to locate the individual. company. corporation. etc.. named above (See rcmarlts below)
Name and title of individual served (if not shown above) A person of suitable age and dis-
Iil cretion then residing in the defendants
usual place of abode.
Address (complete only ifdifterent than shown above) Tirnc am
tm Pm
Signature of U. . Marihal or Deputy
/
__ ain ;;___
$’
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to US. Marshal or Amount of Refund
(including endeavors)
REMARKS;
It) by \.\I'O\f
F .
mmygE¤g;;·gNS 1. CLERK or rm; count 0**** USM ***5 me wm

Case 1:04-ev-01328-Gl\/IS Document 11 Filed 10/24/2005 Page 12pj}2\_ t, Y
" J tf if J
ti l
RETURN OF \V.»\l\’ER OF SERVICIC Ol? SUMTVIONS
l acltnewledgc receipt ofthe rcqttest that l can waive service ofsummons in thc matter ot
t`.A. No.t)4—l328 in the United States District of`Delaware. l have also received a copy ol` the
tsomplaint in the action, two copies of this form. a copyefthc Order ofthe Court authorizing
service and a means by which f can retttrn the signed waiver without cost to me.
l agree to save the cost of service of a summons and an additional copy of the complaint
in this lawsuit by net requiring that l be served withjudicial process in the manner provioetf liv
Rule 4. l will retain all defenses or ob_jections te the lawsuit or to thejurisdiction or venue of the
C`ourt. except for objections based on a defect in the summons or in the service ofthe stunrnons.
l understand that a _j udgement may be entered against the party on whose behalf l am
acting if a response is not served and filed within 60 days after: Qctoher l l. 2005.
Date: Y ’ 6/
____-. sQ.@4;4e4.E£%/FWM
Signature of L) endant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVECE Ol? SUMMONS
Rule 4 ofthe Federal Rules of`Civil Procedure reqtrires certain parties to cooperate in saving
unnecessary cost ofservice ofthe summons and the complaint. A defendant located in the
Uuited States, who, after being notified of an action and asked to waive service of stnnmotts
on hchalfef a plaintiff located in the US, f`ails to do so will he required to bear the cost or
such service unless good cause be shown for that dCfClld$lll(`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 ~
unfounded, or that the action has been brought in an improper place or in a court that laclts
jurisdiction ever the subject matter ofthe action or over defcndant's person or property. A
defendant who waives service ol`summens retains all defenses and objections. except any
relating to the summons or the service ofsummons. and may later object to tliejurisdiction ol` the
Court or to the place to where the action has been brought.
A defendant who waives service rntist within the time specified on the "Return of \-\”aix er"
form served on plaintiff`, if trnrepresented or on plaintiffs attorney, a response to the t`otnptairu
and must also tile a signed copy ofthe response with the Court. lfthe answer or a motion is not
served within this time, a defaultjudgement may be taken against that dcfcrrdant. By waiving
service. a defendant is allowed more time to answer than ifthe summons had been actually
served when the request for waiver of service was received.