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

Case 1 :06-cv-00366-JJF Document 7 Filed 06/29/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ALICE WALKER, individually I CIVIL ACTION
and as guardian, of I
her husband, GERALD I·I.E. I
WALKER, an incompetent person, |
I
Plaintift] I
I
v. I No. 06-366 JIF
I
CITY OF WILMINGTON; CITY OF I
WILMINGTON POLICE DEPARTMENT; I
OFFICER SHAWN GORDON, I
individually and as agent of I JURY TRIAL DEMANDED
the CITY OF WILMINGTON POLICE I
DEPARTMENT; OFFICER MICHAEL I
BALLARD, individually and as I
agent ofthe CITY OF I
WILMINGTON POLICE DEPARTMENT; I
OFFICER KAREN BUI-IRMAN I
individually and as agent of I
the CITY OF WILMINGTON POLICE I
EPARTMENT, I
I
Defendants. I
WAIVER OF SERVICE OF SUMMONS
`EQ-"O: 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 I—I.E.
Walker, an incompetent person v. City of Wilmington; City of Wilmington Police
Seam c~n¤»·4I
Department; {-]@¤n·Shawn Gordon, individually and as an agent of the City of
Wilmington Police Department; Officer Michael Ballard, individually and as agent of
City ot`W1lm1ngton Police Department; and·O£E·ues Karen Buhrman, individually and as
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Case 1 :06-cv-00366-JJF Document 7 Filed 06/29/2006 Page 2 of 3
agent of City of Wilmington Police Department, which is case number 06-3 66 IJF 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 ofthe
amended complaint in this lawsuit by not requiring that Officer Michael Ballard be
serviced with judicial process in the manner provided by Rule 4.
Officer Michael Ballard will retain all defenses or objections to the lawsuit or to
the jurisdiction or venue of the court except fbr objections based on a defect in the
summons or in the service ofthe summons.
I understand that a judgment may be entered against Officer Michael Ballard if an
answer or motion under Rule I2 is not served upon you within 60 days after June 16,
2006, or within 90 days aiter that date if the request was sent outside the United States.
C /23/or iarr @47
Date Signature z
Printed/typed name: Alex J. Mili, Jr., Esguire
As Asgislgnt; SQ|j¤jtOI·
Of City Of Wilmingtcrt
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Case 1 :06-cv-00366-JJF Document 7 Filed 06/29/2006 Page 3 of 3
Duty to Avoid Unnecessary Costs of Service of Summons
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 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 ofthe summons retains all defenses and objections
(except any relating to the summons or the service of the summons), and may later obj ect 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 tmrepresented 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
so vice, 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. 1, 1993.)
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