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

Case 1 :06-cv—OO401-IVI PT Document 4 Fi led 07/21 /2006 Page 1 of 1
AO 399 (Delaware Rcv. 7r00)
WAIVER OF SERVICE OF SUMMONS
TO; Lz F BJ? LFE /;/SLZ,
(NAME OF Pmmrrnrrs ATTORNEY 011 UNREPRLSENYYD PLAINUFF)
T .¤ · .
I, Q 2 SE/7 ECLL 5 OCIHQ4 Q { &{ , acknowledge receipt of yourrcqucst
qcsrwmm NAME)
that I waive service of summons in the action of /58*% V 9`Gf Jéhgfg { gif., @7 G
, 6 / icimwox or Acnowy
which is casc number O 5 in thc United States District Court
iuocuuar unmask;
for thc District of Dclwarc.
I have also rcccivcd a copy 0i` thc complaint in thc action, two copies of this instrument, and u means
by which I can return the signed waiver to you without cost to mc. .
I agree to save the cost ofscrvicc of a summons and an additional copy ofthe complaint in this lawsuit
by not requiring that I (or the entity on whose behalf I am acting) bc served with judicial process in thc
manner provided by Rule 4.
I (or the curity on whose behalf I am acting) will retain all defenses or objections to thc lawsuit or to
thc jurisdiction or venue of thc court except for objections based on a defect in thc summons or in thc
service of thc summons.
I understand that a judgment may bc entered against mc (or the party on whose be f I am acting if
an answer or motion under Rule 12 is not served upon you within 60 days after O -2 ¤? UO ,
or within 90 days after that date if the request was sent outsiqc the United Statcs. (D" REOU ‘g' WAS SENT)
` _/I ___,--“"'_"""·-._ I
JUL 0 5 2005 ( ·_/·
(DATE) (SIGNATURE`:
Print¢d.'Typcd Namc: I}/QZ VARNER
• V \
As P*°¤¤d=¤* of Qgdg 5é»»»_@ @4mu/ @72
(TITLE) (CORPORATE DEFENDAND
Duty to Avoid Unnecessary Costs of Service of Summons >
Ruic 4 ofnhe Fain-ral Rules ¤f(`ivil Proccdurc requires certain panics to coopcmu: in saving unnecessary costs of xrvicc ofthe summons
and complaint. A defendant located in thc United Shares who. aha being ncrifwd ofan action and asked bya plaintiff lccazcd in thc United Srarcs
no waive service: ofsummons. Fails no do so wifi be mquircd xo bwr the cost ufsuch scrvicc unlcs good causc bc shawn For ins failure to sign and
rciurn rhc waiver.
Iz is noi good cause For a liulurc to waive service that :1 pany believes thm rh¢ complaint is unfounded. or that the action has been brciughi
in an improper p§acc or in a court that lacksjuxusdictiun cve: the subject manu ofthe action or uvcr its puson or prcpmy. A pany who waives
scwiuc nfrhc summons retains ati dcfmssm and objections (cxccpt any relating no me summons or :0 the service of ihc summons), and may iaicr
objexn xc thc jurisdiction ofihc coun ur no xhc place when thc action has been bmughu.
A dcfcndnnr who waives scrvicc must within ihctirncspccificd on rhc waivcr funn scrvc on thc plainriffsaucmcy (or unreprascntcci plainzith
a msponsc l0 the complaint and mus: aiso filca signud copy ofthe response with thc court. lfzha: answcrcr moricn is not served within this ximc,
:1 dcfaulu judgmcm may be mkcn against xhm defendant. By waiving scrvicc, a dcibmiam is ailowcd more ximcm answer than if thc summons had
bccn actually scrvcd when the rcqucs: for waiver cfscrvicc was rcccivcd.
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