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

Case 1 :04-cv-01243-JJF Document 28 Filed 12/20/2005 Pig@1Yof\2 ({05; U
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Rl<.TURN OF \\ AIVER OI SERVICI, ()I`SUMh1t)l\SG"A1;Lq (Jef';. \
I acknowledge receipt ofthe request that I can waive service of summons in the matter ol
CA. No.U4—l243 in the United States District ofDelaware. l have also received at copy ofthe
complaint in the action, two copies ofthis form. a copy ofthe Order ofthe Court authorizing
service and a means by which I can retttrn the signed waiver without cost to me.
I agree to save the cost ofservice of a summons and an additional copy oI’the complaint
in this lawsuit by not requiring that I be served with judicial process in the manner provided by
Rule (`ourt, except for objections based on a detect in the summons or in the service ofthe sttrpptoiis.
I understand that ajutlgement may be entered against the party on whose behalf I
acting if a response is not served and liled within (it) days afteri October I2. 2.005. _
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Signature dt Defendant i Printed or `fyped Name "‘J
tiU'il"t’ TO AVOID UNNECESSARY COST OF SERVICE OF f€tTi\»il\’lONF§
Rule 4 ofthe Federal Rules ol`Civil Procedtire requires certain parties to cooperate in saving
unnecessary cost of service ofthe summons andthe complaint. A defendant located in tue
United States, who, after being notified ofan action and asked to waive service of summons
on behalf of a plaintiff located in the US, fails to do so will he required to bear the cost of
such service utiless good cause be shown for that del`endaut.'s failure to sign and return the
waiver, `
It is not good cause lor a failure to waive service that a party believes that the complaint is
aulounded. or that the action has been brought in an improper place or in a court that Iaclts
_iarisdiction over the subject matter ofthe action or over delendant‘s person or property. A
tlelendant who waives service ofsttmmons retains all defenses and objections. except anv
relating to the summons or the service ofsammons, and may later obieet to tlieiaristiietion ofthe
Court or to the place to where the action has been brought.
A defendant who waives service t`l1LlSt within the time specilied on the "Returri ol` \’v’aivcr"
form served on plaintiff, ifunrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile a signed copy ofthe response with the Court. ifthe answer or a motion is not
served within this time, a defaultittdgement may be taken against that dclcndant. liy waiving
service, a defendant is allowed more time to answer than ifthe summons had been actually
served when the request for waiver ofserviee was received.
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Case 1:04-cv-01243-JJF Document 28 Filed 12/20/2005 Page 2 of 2
U S De artment of Justice PRO SESS RECEH I M 'ID REI URN A
T. ' _ ' p ` _ See Instructions for "Service of Process by the U.S. Marshal"
e -JI`lIl€d States Marshals SCTVICC on the reverse of this fomi.
4
PLAINTIFF ' ‘ . ,-"" COU CA E NUMBER =
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p · ..r __ 1 aa zdrp
TYPE ‘” ” ‘ BSS
NA OF INDIV DUA » ‘ Y, I" ' PORAT N, TC O SERVE OR ES RIPTION OF PROPERTYTO SEIZE OR CONDEMN
[E. E ¢£ / r···
» 4 1... / / 1
A tret§l or RFD, Apartment No., ` , State and ZIP Code)
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E$E'Ll`@EQ$2£$EE’EE9O£LT9 EIQEEETER g u i &*‘@;°*2D3l§LlEiL0LL-. Number Or process to bc
IY // A,. @__{ tscwea with mts Farm - 285 /
,6/ M2" Q S
J/S/E r {5- { Number of parties to be
/ {served in this case
I cj M if f ICIICCIK {OT service `
_____ _________ _____ ____ _ ______ __, ________ { on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Figliephorie Numbers, and Estimated 'Hmes Available For Service): _ Fold
— ‘ ,¢ ‘ “ z»/ Z3 —
yggj /2,gym ,-» /%_ .4;,u,
`.-ver:.-—-._
Signature of · = UK · service on behalfoft TELEPI-IO E UMBER DATE
y E PLAINTIFF 4; if
A- A »r» lj DEFENDANT ·' ' Ta;
_ ··¤-.!' 7 ! p
SPACE BEI.() FOR USE OF U.S. MARSHAL ONLY—DO NOT VI/RITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of Authorired USMS Deputy or Clerk Date
number of process indicated. of Origin to Serve r , /,.
(Sign only hast USM 285 if more / GJ
than one USM 285 is submitted) No. No, •
I hereby certify and return that I E have personally served, ghave legal evidence ol` service, l_Ql have 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.
El I hereby certify and return that I am unable to locate the intlixidual. company. corporation. en _ named aboxc (See rerraarks below}
Name and title of individual served (if not shown above) A p€,~w,, Ur Mmabii. nge and dis.
E cretion then residing in the det`endant`s
usual place ol abode.
Address (complete only if d1Tl`erent than shown above} Date ol Service Time ain
l I3 O 1 vm
Signature of;é\/1hSarshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
PRIOR EDITIONS 1 FORM USMJ85 (Rem 12/15/80)
MAY BE USED `