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

Case 1 :05-cv—00567-GIVIS Document 15 Filed 11/30/2005 Page 1 of 1
WAIVER OF SERVICE OF SUMMONS
TO: Joseph N. Gielata, Esq.
I, Andrea L. Rocan elli, acknowledge receipt of your request that l waive service
ot`summons inthe action of Gielata v. Rocenefli`, et af., Case No. l:05-cv-567 in the
United States District Court for the District of Delware.
I have also received a copy of the complaint in the action, two copies of this
instrument, and a means 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 an additional copy of thc
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 of
the summons. "`*~\
. . . . X
//%/4
I understand that a judgment may be entered against me if an answer or motion ____
under Rule I2 is not served upon you within s aft . Mt? @6 rTk£’-€/" Y`i€L)···2(7giS-
Dated: //;/8};* 6( Si ed:
Andrea L. Rocanelli
Duty to Avoid Unnecessary Costs of Service of Snmmons
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
unnecessary costs of service ofthe summons and complaint. A defendant located in the United States who,
after being notified ol` 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 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 its person or property. A party who waives service of the summons
retains all defenses and objections (except any relating to the summons or to the service of the summons),
and may later object to the jurisdiction of the court or to the place where the action has been brought.
A defendant who waives service must within the time specified on the waiver form serve on the
plaintil’t"s attorney {or unrepresented plaintiff} a response to the complaint and must also file a signed copy
ofthe response with the court. If the 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.