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

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Case 1 :06-cv-00366-JJF Document 8 Filed 06/29/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALICE WALKER, individually [ CIVIL ACTION
and as guardian, of |
her husband, GERALD H.E. [
WALKER, an incompetent person, [
I
Plaintiff] [
l
v. | No. 06-366 JJF
I
CITY OF WILMINGTON; CITY OF |
WILMINGTON POLICE DEPARTMENT; [
OFFICER SHAWN GORDON, |
individually and as agent of [ JURY TRLAL DEMANDED
the CITY OF WILMINGTON POLICE |
DEPARTMENT; OFFICER MICHAEL [
BALLARD, individually and as [
agent of the CITY OF |
WILMINGTON POLICE DEPARTMENT; [
OFFICER KAREN BUHRMAN [
individually and as agent of |
the CITY OF WILMINGTON POLICE |
DEPARTMENT, |
l
Defendants. [
WAIVER OF SERVICE OF SUMMONS
TO: Roger D. Landon, Esquire
Murphy Spadaro & Landon
1011 Centre Road, Suite 210
Wilmington, DE 19805
I acknowledge receipt of your request that I waive service of a summons in the
action of Alice Walker, Individually and as guardian, of her husband, Gerald H.E.
Walker, an incompetent person v. City of Wilmington; City of Wilmington Police
4c•nf»·- C •rpo·~a|
Department; G-i·§·eer Shawn Gordon, individually and as an agent of the City of
Wilmington Police Department; Ofiieer Michael Ballard, individually and as agent of
_ _ _ _ {vlnivr C¤¢•[W*`¤i
C1ty of Wilmington Police Department; and Sfices Karen Buhrman, individually and as
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Case 1 :06-cv-00366-JJF Document 8 Filed 06/29/2006 Page 2 of 3
agent of City of Wilmington Police Department, which is case number 06-366 JJF in the
United States District Court for the District of Delaware. I have also received a copy of
the amended 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 the
‘ie•a2•r~ Ct. Mural
amended complaint in this lawsuit by not requirin g that Gftieer Karen Buhrman be
serviced with judicial pro ess in the manner provided by Rule 4.
Qtqiqr (~¤r(*¤¢‘ni
Qficer Karen Buhrman 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 ofthe summons. ml
Qenior 60* P"
I understand that a judgment may be entered against cancer Karen Buhrman if an
answer or motion under Rule 12 is not served upon you within 60 days after June 16,
2006, or within 90 days after that date if the request was sent outside the United States.
_ 6 /2 s /0 6 [ ‘ _l,,_________
Este Signature
Printed./typed name: Alex J. Mili, J r., Esgjjjgg
As 555; stent City Solicitor
Of Cj tg, of mj jmz,-Dgmm
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Case 1 :06-cv-00366-JJF Document 8 Filed 06/29/2006 Page 3 of 3
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 service of the summons and complaint. A defendant located
in the United States who, after being notiiied of an action and asked by a plaintiff located in
the United States to waive service of a summons, fails to do so will be required the 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 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 Witliin the time specified on the waiver form
serve on the plaintiffs attomey (or unrepresented plaintiff) a response to the complaint and
must also file a signed copy of the 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.
( Added Apr. 22, 1993, eff Dec. l, 1993.)
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