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

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a 1 QF"/' cv 00366-GIVIS Document 5 Filed 07/11/2007 Page 1 of 2 l°‘ °’
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
]lLL CONNOR. §
y §
1 Pigimttf, § C.A. Number: 07-366
§
v. §
§
; §
V NEW C ASTLE COUNTY, GUY H. SAPP, §
intzlividualh and in his official capacity. and §
Ci··IARLO'l'l`E L. CROWELL, individually and in §
her ofticiol capacity, §·
»- §
Defendants. §
` WAIVER OF SERQQCE OF SQMMONS
To: vietor F. Bartaglie. Esquire
t Biggs and Battaglia
1 921 N. Orange Street
PI). Box 1489
Wilmington, DE 19899-1489
{ I, on behalf of New Castle County, aclmowledge receipt of your request that it waive
service o1` a summons in the action of Jill Connor v. New Castle County. Guy H Sapp an
1 M Charlotte Crowell, which is case number 07-366 in the United States District Court for the
1 District oflbelztwarc.
Iliuve also received a copy of the complaint in the action, two copies of this insmtment,
· and at meme by which I czm return the signed waiver to you without cost to me. l
I ug:-ee to save the cost of sewice of a summons and uu additional copy of the complaint
D in this Lawsuit by not requiring that New Castle County be served with judicial process in the
` maxmcr provided by Rule 4.
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. cv 00366-GIVIS Document 5 Filed 07/11/2007 Page 2 0f 2 '°‘ 5
New Castle County will rcmin all defenses or objections T0 the lawsuit or no mh:
1 jurisdiction or vcnuc of the coun cxocpi for objections based on a defect in zhc summons or in
thc service of the wmmons.
luxlderswxzd nlm a judgment may be cnuzccd against New Castle Cammy if an answer or
momion under Rule 12 is not served upon you wizhin 60 days alicr Jun: ll, 2007,
New Castle County '
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v (Tit? £ New Castle County Q
Duty to Avoid Unnecessary Costs of Scrvice uf Summcns
A Rule 4 of tho Federal Rules of Civil Procedure requires comin panics to cooperate in
saving unnecessary costs of son/icc of thc summons and complaint. A defendant located in thc
United States who, aftcr lacing notifiocl of an action and asked by a plaintiff located in the Uniwd
E Suites no waive service: of a summons, fails to do so will hc required to bear the cost of such
smvicc unless good cause bc shown for its failure: to sign and mum the waiver.
It is not good cause for a failure to waivu service chat a pany believes that the complaint
is unfounded, or uhm thc action has been brought in am improper place or in zz court that lacks
1 jurisdiction ovcr nh: subject matter of the action or over its person or property. A pany who
waives smvicc of the summons retains all defenses and objections (oxccpt any relating no tho
Q summons: or the service of thc summons), and may lam object. to thc jurisdiction of thc court or
. to thc placc where the action has bun brought. ·
A defendant who waives service musn within the time spccixiod on tho waiver form serve
on che: plaintiffs auomcy (or umcpmscnwd plaintiff) a response to the complaint and must also
file a signed copy of the rcspnnse with thc coun. lf thc answer or motion is not served within
mis num, a default judgmzmt may be mkcn against mat defendant. By waiving sm-vice, a
g defcndam is allowed more time to answer than if the summons had been manually served when
thc: requnst for waiver of scrvicc was rocczivcd.
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