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

Case 1 :07-cv-00219-JJ F Document 3 Filed 05/07/2007 Page 1 of 1
AO 399 (Delaware Rev. 7/00)
WAIVER OF SERVICE OF SUMMON S
ro; Qt Stagg; Maile;
mms or r¤iA1Nr1rr·s Arromvsv ori unitevaasenrso PLAINTIFF) fi;. ;, le-l a
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L I;. I . 1 ·l s.¢~.·l" r, >?_r·x oat';. " at _1 ,rm_.» , acknowledge receipt of your reqiiest -21-
tnsreuoanr NAME) ' L-rz QJ = L
‘. .» . . ‘ . C lie
tl1at I waive service of summons in the action of I ·" J1 dk\.€ 5 U L- I . OJ) ani A·*€m ttvfi;-_.§{
Q" (CAPTION or Acrrou) em ;iJ - F
_ _ .` ( _Y· _ . _ _ _ fi?
which IS case number (-4 I “ l al 111 the Umted States District Coygt
i gnocresr NUMBER) ‘;:i gi rf 7
for the District of Delware. I I )__
. . - · · · · SCH-
I have also received a copy of the complaint 111 the action, two copies of this instrument, and ameans dt,)
- by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and a11 additional copy ofthe complaint in this lawsuit
by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the
manner provided by Rule 4.
I (or the entity on whose behalf I am acting) 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 of the summons.
I understand that a j udgment may be entered against me (or the party on whose behalf I am acting) if
an answer or motion under Rule 12 is not served upon you within 60 days after 'I [ ·-Z? [ 0:}- ,
or withi11 90 days after that date if the request was sent outside the United States. (DATE KEQFJEST WAS SEND
· (mrs} (SIGNATUREI
Printed/Typed Name: Eyd L/6 X
it (egg. cmusae or $#,4aJ +
rrrrta) qcosroimrs oerauorovry
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of thc Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of the summons
and complaint. A defendant located in the United States who, after being notified of an action and asked by a plaintiff located in the United States
to waive service of summons, fails to do so will be required to bear the cost of such service unless good cause be shown for its failure to sign and
retum 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 lacks jurisdiction over the subject matter of the action or over its person or property. A party who waives
service ofthe summons retains all defenses and obj eetions (except any relating to the summons or to the service ofthe summons), and may later
object to the jurisdietion of the court or t0 the place where the action has been brought. _
A detendant who waives service must within tl1e time speciilcd on the waiver fonn serve on the plaintiff` s attomey (or rmrepresented plaintiff)
a response to the complaint and must also file a signed copy ofthe response with thc court. lfthe answer or motion is not served within this time,
a default judgment may be 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.