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

Case 1 :04-cv—O1486-JJ F Document 9-4 Filed O3/O4/2005 Page 1 of 1
AO 399 ('Dclawmc Rcv. 7.*00)
WAIVER OF SERVICE OF SUMMONS
TO; Robert: H. Kalk
(NAME. OF PLAI.`NT[FF'S .·xTr0m~usY on UNp.m·1uzs2m·rz¤ rmmnm
L Kathryn S . Fair f ie ld ,3Ck]‘1OWl€dgB receipt of your request
(DEFENDANT NAME)
that Iwaivc service of surmnons in thc action of Kalk v. Fa irf ield Language Technologies , e t al .
(CAPTION OF Acncm
which is case number OA-cv-1486 in the United States District C _
(vocxm NUMBER) 7
for thc District of Dclwarc. g
I have also received a copy of thc complaint in thc action, two copies of this instrument, and a mails
. . . . ` .w*f§Q%5
by whsch I can rctum the signed wmvcr to you wnthout cost to mc.
I agree to save thc cost 0fSCl'V1C€ of :1 summons and an addmonal copy ofthe complamt m tlus lawsiiii
by not requiring that I (or thc entity on whose behalf I am acting) bc served with judicial process in tHE
mammcr provided by Rule 4. *-51 i`‘- §
I (or thc entity 011 whose behalf I am acting) will retain all defenses 01* objections to thc lawsuit or to
the jurisdiction or venue of the court except for objections based on a dcfcct in the summons or in thc
service of the summons.
I understand that a judgment may bc entered against mc (or thc party on whose behalf I am acting) if
an answer or motion under Rule 12 is not served upon you within 60 days aiicr 12/2/ Oil ,
Of within 90 days after that datc if the request was scm out tcS_ (DATE REQUEST WAS SENT)
E--; Zvr ln
(DATE) i'
P;·imgdrTypcd Name; Mark D . Obanshain
Ag counsel of Kathryn S. Fairfield
(rrrua; (conmmxm DEFENDANT)
Duty to Avoid Unnecessary Costs nf Service of Summons
Rule 4 cf thc Fcdcra.1 Rules of Civil Procedure requires ccnain panics to cooperate in saving unncccssmy casts of service ofthe summons
and complaint. A defendant located in the United States who, aha: being notiiicd of an action and asked by a. plai¤tiHl0ca’md in thc United States
to waive service of summons, fails to do so will bc mquimd to bcur thc cos!. uf such service unless good cause bc shown for its failure 10 sign and
mum Lhc waiver.
It is not good cause for :1 failun: to waive scrvicc that an party believes that the complaim is unfounded, or that Lhc aciicn has been brought
in an improper place or in a court that lacks jurisdiction uvur the subject martcr of the action or cvcr its person or property. A party who waives
service of the summons retains all dcfcn.-scs and objections (except any relating tothe summons or to thc scrvicc ofthe summons), and may later
object no the jurisdiction of the court or to thc place: where thc action has been brought.
Adcfcndant who waives scwicc must within thc time specified on thc waive: form sexvc on thc plaintiffs attcmey (or unncprcscntcd plaintiff)
n response to the complaint and must also file a signed copy ofthe response with thc court. lfthc answer or motion is not scrvod within this timc,
a dcfmaltjudgment may bc mkcn against that defendant. By waiving service, a defendant is allowed mom time tu answer than if thc summons had
been actually scrvcd when thc mqucst for vmivcr of scrvicc was rcccivcd.