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

Case 1 :07-cv—OO366-GIVIS Document 4 Filed 07/10/2007 Page 1 of 2
A IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OE DELAWARE
]ILL CONNOR, §
§
Plaintiff, § C.A. Number: 07-366
§
v. §
§
§
NEW C ASTLE COUNTY, GUY H. SAPP, § Trial by lug Demanded
individually and in his official capacity, and § i
CHARLOTTE L. CROWELL, individually and in §
her official capacity, §
§
Defendants. § j
l WAIVER OF SERVICE OF SUMMONS
To: Victor F. Battaglia, Esquire 1
Biggs and Battaglia
921 N. Orange Street
P.O. Box 1489
Wihnington, DE 19899-1489
I, Guy I-I. Sapp, acknowledge receipt of your request tliat·I waive service of a summons
in the action of Jill Connor v. New Castle County, Guy H Sapp an Charlotte Crowell, which is
case number 07-366 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 nie.
I agree to save the cost of service of a summons and an additional copy of the complaint
in this lawsuit by not requiring that I be served with judicial process in the manner provided by
Rule 4.
I 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.

Case 1:07-cv—00366-G|\/IS Document 4 Filed 07/10/2007 Page 2 of 2
I understand that a judgment may be entered against me if an answer or motion under
Rule l2 is not served upon you within 60 days after June ll, 2007.
O 7 By:
" at G . Sapp
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 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, fails to do so will be required to bear the cost of such
_ service unless good cause be shown for its failure to sign and return the waiver.
l 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
jruisdiction 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 within the time specified on the waiver form serve .
on the plaintiffs attorney (or unrepresented plaintiff) a response to the complaint and must also
tile 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.
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