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

Case 1:04-cv-01243-JJF Document 21 Filed 10/24/2005 Page 1 of 2
U S De a·tment of Justice PROCESS *“?CE“’T Al ID RE I URN
' ,, ' * P ‘ ` _ See Instructions for "Service of Process by the US. Marshal"
—Un1ted States Marshals Service on the mma Or me am.
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vrarurrrr counr CASE NUMEEIR ,,_ /,,.
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DEFENDANT I _ '_ , _ pi; OF - OCE55
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NAME OF INDIVIDUAL, CO C ’ P RATI N, ET TO ER . OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
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ADDRESS (smc: or RFD, i N0., city, sate nd zip ow
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AT T A (1 i ,
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2€§'2.’*@E€?.9£¥E’L€?ECO£L 0 EQ ETELPQ WWE Al`.@;*EDB*§§. LOEY; |Number of process tr, be
i-—— ____,.· I served with this Form — 285
{ /**3/jép .../ I -
{ llé ji I Number of panics to be
_ { { I served in this case
( W? I / ICheck for service /06
____________ _ ______ _ ______________ { on u.s.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated 'llmes Available For Service): Fold
Fold
A _ I. 1 I
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Signature of Attomey • ¤ ·e on behalf of; 5 PLAINTIFF · D O T
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W _ [fl DEFENDANT ‘ g "'O
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SPACE BELO ‘ I': ' I F 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 Origin to Serve
(Sign only Hrst USM 285 if more Q 5
than one USM 285 is submitted) No. No. _
I hereby certify and return that I lj have personally served, EI have legal evidence of service, U have executed as shown in "Rcmarks", the process described
on the individual, company, corporation, etc., at the addres. shown above or on the individual, company. corporation, etc. shown at the address inserted below.
lj I hereby certify and retum that I am unable to locate the individual, company, corporation. ctc., named above (See remarks below)
Name and title of individual served (if not shown above) I I A A person gf Suitable age and djs-
. . . lj cretion then residing in the del`endant’s
‘ usual place of abode,
Address (complete only ifdifierent than shown above) ‘ Date of Service Time am
/0 _ J pm
l Signatt re o .S. Marshal or Deputy
` I ._.;.
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS: I
§;;Y°gEEg;’;·gN5 1. cuamc ov THE courrr "°*'~“ “*`·”·”5 me "-"*’”°>

Case 1:04-cv-01243-JJF Document 21 Filed 10/24/2005 Page/2 ot2 It rf ,g-U
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t RETURN OF WAIVER OF SERVICE OF SIFMMONS
l acknowledge receipt ofthe request that I can waive service ofsummons in the matter of
CA. No,04—l243 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 ofthe Order ofthe Court authorizing
service and a means by which I can retuni the signed waiver without cost to me.
I agree to save the cost of service of a summons and an additional copy of the complaint
in this lawsuit by not requiring that I be served with judicial process in the manner provided by
Rule 4. l will retain all defenses or ob_jections to the lawsuit or to thejurisdiction or venue of the
Court, except for objections based on a detect in the summons or in the service of the summons.
I understand that ajudgement may be entered against the party on whose behalfl am
‘ acting ifa response is not served and tiled within 60 days after: October I2. 2005.
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Date; [6 T7"} Y`? M .
t, fi —s C I // ·
L · 2* ·>·;*;%‘f7' .a.a-T [__ fe" ci /.9 { /EH/'Ef)jfy
Si gnaturc of Defeig/Cant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUl\»’Il‘vlONS
Rule 4 ofthe Federal Rules ofCivil Procedure requires certain parties to cooperate in saving
unnecessary cost ofscrvice ofthe summons and the complaint. A defendant located in the
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 hear the cost of
such service unless good cause be shown for that dcfendant'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 ofthe action or over defendant‘s person or property. /\ _
defendant who waives service of summons retains all defenses and objections, except any
relating to the summons or the service ofsummons, and may later object to the jurisdiction of the
("ourt or to the place to where the action has been brought.
A defendant who waives service must within the time speci lied on the "Return of Waiver"
form served on plaintiff, ifunrepresented or on plaintiffs attorney, a response to the (`oniplaint
and must also tile a signed copy ofthe response with the Court. ifthe answer or a motion is not
served within this time, a default judgement maybe taltcn against that defendant. 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.