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

Case 1 :04-cv-01486-JJF Document 10 Filed O3/O4/2005 Page 1 of 1
AO 399 (Delaware Rev. 7:00)
WAIVER OF SERVICE OF SUMMONS
TO: Robert H . Kalk ,
(Nmvm OF PL/\lNT[FF'S Arroamsv OR UNREPRESENTED PLAINTTFF)
1, Eugene Swltzfus , acknowlcdgc receipt of your request
qunmmumr NAME)
that I WH‘i\·'€ S€1'ViCC of SUIIUIIORS il'! T.h€ BCHOII of K8-]-k V - Falffleld Lan ua 1 9 T€ChnO1O1]- C H]- •
(cmvrmw uv Acnom , `
gs.-.n V A
which is casa number 04-cv-1486 in thc United States Dnstnc
(mcruyr NUMBER) ‘ · ‘ {
for thc District of Dclwarc. tj.
. : ?**
I have also received 21 copy of thc complaint in thc action, two copies ofthjs instrument, and a means C2;
° <. wk.: w" I
by which I can return thc signed waiver t0 you without cost to mc. ,1
I agree to save thc cost ofscrwcc of a summons and an addmonal copy ofthe complaint 1n tins lawsmt
by not requiring that I (cr the entity on whose: behalf I am acting) bc served with judicial process in thc
manner provided by Rule 4.
I (or the entity on whose behalf I am acting) will retain all defenses or objections to thc lawsuit or tn
thc jurisdiction or venue of thc court except for objections based on a dcfcct in the summons or in thc
service ofthe summons.
I understand that a judgment may bc cntcrcd against mc (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 aftcr 12 / 2/ OA ,
or within 90 days after that date if the request was sent outside • . ·` _ (DATE "EQUEST WAS SEW
...’ ;
~» . . , .-.. .. _, Ji} a
Printcdffypcd Name; Mark D. enshain
As counsel of Eugene Stoltzfus
(TITLE) qc0RP0Rm·E DEFENDANT]
Duty tu Avoid Unnecessary Costs of Service of Summuns
Rulc 4 of thc Fcdnral Rules of Civil Procedure rcquims ccrtnin panics to cooperate in saving unnecessary costs ofsarvicc ofthe summons
and complaint. A defendant located in the United States wha, ahcr being nodficd cfm action and asked by a plaintiff located in thc United Stmcs
10 waive scrvicc nfsunamnna, fhils 1u du so will bc required to bcar thc cost of such service nmlrss good causc bc shown for its failure 10 sign and
rcium thc waiver.
It is not good cause fora failun: no waive scrvicc that a party believes that thc complaint is unfounded, nr ihat Lhc action has been brought
in an impmpcr place or in a court that lacks jurisdiction uvcr thc subject matter of cvcr its pcmcn or property. A pany who waives
service of the summons retains all dcfcnscs and cbjcciicns (cxccpt any relating to Lh ·1s or :0 thc service uf thc summons), and may latcr
object Lu thc jurisdiction of thc court or to the placc where thc action has been bmugh!.
A dcfcndant who waives scrvicc must within thc timc Specified on thc waiver form scrvc cm thc pIaintiff`s att0rucy(0rur1rt·prc:vcnt<:d plaintiff]
El rcspcmu: tc thc complaint and must also filc a signed copy cfthc rcsponsc with 1hc court. lfthc answer ur motion is not served within this dmc,
a dcfaulrjudgmcm may bc taken against that defendant. By waiving service, :4 dcfcndant is allowed murc timc to answer than if thc summons had
bcc-n actually scrvcd when Lhu rmqucst for waiver ofscwicc was rcccivod.