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

Case 1 :07-cv-00265—SLR—LPS Document 5 Filed 06/14/2007 Page 1 of 1
AO l6 (Delaware Rev. 7/00)
WAIVER OF SERVICE OF SUMM ONS
TO: Carmella P. Keener, Esquire
I, {9/W)/;O H. G6 YGWQ "XE- , acknowledge receipt of your request
that I waive service of summons in the action of Collins & Aikman Corporation, et ano. v. Stockman,
et al., which is case number 07-265 in the United States District Court for the District of Delware.
I have also received a copy of the complaint in the action, two copies of this instrument, and a
means by which I can retum 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 complaint in this
lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in
the manner provided by Rule 4.
I (or the entity on whose behalf Iam acting) 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 of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I am acting)
if an answer or motion under Rule 12 is not served upon you within 60 days after May 21, 2007,
or within 9 day after that date if the request was sent ou e the United States.
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Printed/ Typed Name:
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(TITLE) (CORPORATE DEFENDANT
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 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 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 to 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 file a signed copy of the response with the court. lf 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,