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

i Case 1 :08-cv-00302-JJF Document 4 Filed 07/10/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KENNETH W. HOPKINS, :
: CIVIL ACTION NO. 08-CV—302-JJF
Plaintiff. :
vs. :
CITY OF WILMINGTON. I:
Defendant.
WAIVER OF SERVICE OF SUMMONS
TO: Ralph E. Lamar, IV. Esq.
141 Spruce Lane
Collegeville, PA 19426
I acknowledge receipt of your request that I waive service of a summons in the action of
Kenneth Hopkins v. City of Wilmington, which is case number 08-CV-302-JJF in the United
States District Court for the District of Delaware. 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 ofa summons and an additional copy of the complaint
in this lawsuit by g requiring that the entity or individuals on whose behalf I am acting be
served with judicial process in the manner provided by Rule 4.
The entity and individuals on whose behalf I am acting will retain all defenses or
objections to the lawsuit or to the jurisdiction or venue ofthe court except for objections based
on a defect in the summons or in the service ofthe summons.
I understand that a judgment may be entered against the parties on whose behalf I am
acting ifan answer or motion under Rule 12 is not served upon you within 60 days after (J une I0,
2008) or within 90 days after that date if the request was sent outside the United States.
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_ I Case 1 :08-cv-00302-JJF Document 4 Filed 07/10/2008 Page 2 of 2
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in
saving unnecessary costs of servicc 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 a summons; tails 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.
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 detcnses and objections (except any relating to the
summons or 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 plaintiffs attorney (or unrepresented plaintiff`) a response to the complaint and must also
file a signed copy of the response with the court. lf 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.
(Added Apr. 22, l993. eff Dec. l. 1993.)

Case 1:08-cv-00302-JJF

Document 4

Filed 07/10/2008

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Case 1:08-cv-00302-JJF

Document 4

Filed 07/10/2008

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