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

Case 1:04-cv-00105-JJF Document 34 Filed 08/22/2007 Page1 of 2
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE *e· V
UNITED STATE OF AMERICA, AND THE : ‘ ‘ `" “
STATE OF DELAWARE, ex rel. ¤
WALTER T. DECYK, III, L.P.N. ;
VS. :
; CIVIL ACTION NO.
: 04-105-JJF
GREEN ACRES HEALTH SYSTEMS, INC. : FILED IN C ERA
ALLEN SEGAL, PRESIDENT And GREEN : AND bi ER SEAL
VALLEY PAVILION; et al. : » -
DEFENDANTS : C
TO: REGINA D. POSERINA
ATTORNEY FOR WALTER T. DECYK, III, L.P.N.
I acknowledge receipt of your request that I waive service ofa summons in
the action of Walter T. Decyk, III, L.P.N., versus Green Acres Health Systems, and
Green Valley Pavilion, Caption No. 04-105-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 eost to me.
I agree to save the cost of service ofa summons and an additional copy of
the complaint in this lawsuit by not requiring that I (or the entity on whose behalfl
am acting) be served withjudicial process in the manner provided by Rule 4. I (or
the entity on whose behalfl am acting ) will retain all defenses or objections to the
lawsuit or to thejurisdiction 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 me (or the party on whose behalfI am acting) if
an answer or motion under Rule I2 is not served upon you within 60 days after
June I2, 2007, or within 90 days after that date if the request was sent outside the
United States.
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Case 1:04-cv-00105-JJF Document 34 Filed 08/22/2007 Page 2 of 2
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DATE W. CRAIG KNAUP, ATTORNEY FOR
DEF ENDANTS
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 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 ofa 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.
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 ofthe 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 ofthe
summons), and may later object to thejurisdiction ofthe 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 party) a response to
the complaint and must also file a singed copy ofthe response with the court. If
the answer or motion is not served within this time, a defaultjudgment may be
taken against the defendant. By waiving service, a defendant is actually 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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