DIEASEY MAHONEY & EIENDIEIR. LTD.
Arronmavs AT LAw - Pnocfons IN ADMIRALTY
FRANCIS J. DEASEY 1300 NEW JERSEY OFFICE
HARRY G. MAHONEY B0 TANNER STREET
g9iii;EA?“gVjQ{AJ§LY;NTmI 1800 JOHN F. KENNEDY BOULEVARD HADDONFIELD, NI 911019-2419
mm NORTH1 PHILADELPHIA, PA 19109-2978 m1£3ié?§s‘E?.£1..m
CMO 215-587-9400
ADM ,_mm,_NU. FACSIMILE: 215-$87-9456 ’°’§QI‘j}§§§{CE
gtt§TF91:?l1»PI§l;$i~P9RHtE DIRECT EMA11.; [email protected] l0;1EP]iiL1=]?A] 1gSg/E
§§$§’§jQ?;';§é§§1EER vorcs-MA11. EXTENSION #139 OF COUNSEL.
MICHAEL J. HINKLE.·I· FRANK C. BENDER
'TROY D. SISUMT WILLIAM R. DEASEY
JENNTFERB. HUNTERT 19514993
CHRISTOPHER G. MAVROST JAMES G. BARNES
g§2;AJ~.’i`.?§}D}ERt May 9’ TALSO NJ BAR
ANDREW B. ADAJR I ALSO MEMBER CA BAR
KJMZBERLYM FRASCELLA 0 ALSO MEMZBERNYHAR
SHERYLL. BROWN
UNITED STATES DISTRICT COURT G)
Fcir tits District of Delaware I ...._ .......1.. . .... . _.._ niet
844 North King Street .`
Lockbox _..,. ..`.t
Wilmington, DE 19801
ATTN: COURT CLERK ‘ MAY 10 mg`]
Â¥ 5
RE: Raymond Bruton v. Dough Pettiford, Et. AI. -:~A»- A
C-A NP-= 06-743 .... Y- ..... . .,._.
Our File No.: 411.22638 ` ` ‘
Dear Sir or Madam:
Enclosed please find the executed Return of Waiver of Service of Summons in the
above-captioned matter. Kindly file the same and return a filed, stamped copy to our office in
the enclosed business reply envelop.
Please feel free to contact me should you have any questions or concerns.
%$ry truly yours, nili Q
I *1.
.‘` DEASEY, MAHONEY S BENDER, LTD
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By:1.Q? r £r.` 1_. `-Ir I-J $ .3 A
* RLA P. II/IARESCA, ESQUIRE
CPl\Il:dc
enclosure
Case 1 :06-cv—00743-SLR Document 9 Filed 05/10/2007 Page 2 of 3
3D2 577 3266 Public Defenders Otfi ce 07:42:41 ¤5—¤El—2t1¤1 3 /32 .
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RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. No.06—743 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 of the Court authorizing
service and a means by which I can return 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] be served with judicial process in the manner provided by
Rule 4. I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue ofthe
Court, except for objections based on a defect in the summons or in the service of the summons.
I understand that a judgement may be entered against the party on whose behalf I am U _
acting if a response is not served and tiled within 60 days after: April 18, 2007.
Date:
y gz; 0 auwt. Dwq/d.!
Signature f Def dent nted or Typ ante M
nab. ca gag,. ~
DUTY OID NNECESS Y C OF SERVICE 0 SU MONS
Rule 4 ofthe Federal Rules of Civil Procedure requires certain patties to cooperate in saving
unnecessary cost of service of the 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 bear the cost of
H e such service unless good cause be shown for that defcndanfs 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 of the action or over defendants person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to the summons or the service of summons, and may later object to the jurisdiction of the
Court or to the place to where the action has been brought.
A defendant who waives service must within the time specified on the "Rctum of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also file a signed copy ofthe response with the Court. if theanswer or a motion is not
served within this time, a default judgement may be taken against that defendant. By waiving
j A service, a defendant is allowed more time to answer than if the summons had been actually
` served when therequest for waiver of service was received. g
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Case 1 :06-cv—00743-SLR Document 9 Filed 05/10/2007 Page 3 of 3
sez sn me nuaiitnerenaerrosrre omsais as-us-zocor 41/32
A RETURN OF WAIVER OF SERVICE OF SUMMONS `
l acknowledge receipt of the request that I can waive service of summons in the matter of
C.A. N 0.06-743 in the United States District of Delaware. I have also received a copy of the
complaint in the action, two copies of this form, a copy ofthe Order of the Court authorizing
service and a means by which I can return 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 not requiring that I be served with judicial process in the manner provided by
- Rule 4. I will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the
Court, except for objections based on a defect in the summons or in the service ofthe summons.
Q _ · I understand that a judgement may be entered against the party on whose behalf I am
i` acting if a response is not served and filed within 60 days after: Ap;il 18, 2007.
i Da : 0 ?
1
Z ign re of endant P 'nted Typ Name _
F muon .
- DU Y A I UN EC SSA COST OF SERVIC OF SUMMONS
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
. unnecessary cost of service of the summons and the complaint. A defendant located in the
. United States, who, after being notilied 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 bear the cost of
such service unless good cause be shown for that defendant's failure to sign and return the A
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 of the action or over defendants person or property. A
- defendant who waives service of summons retains all defenses and objections, except any
relating to the summons or the service of summons, and may later object to the jurisdiction ofthe
. Court or to the place to where the action has been brought.
A defendant who waives service must within the time 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. If the answer or a motion is not
served within this time, a default judgement may he taken against that defendant. By waiving
_ · service, a defendant is allowed more time to answer than if the summons had been actually
served when the request for waiver of service was received.
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