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

Case 1:06-cv—00736-SLR Document 8 Filed 05/11/2007 Page 1 of 2
DIEASIEY MAIHIONIEY & IBIENDIER LTD
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,,A‘Sf.§IH§§j`{;fg}*§,Q§}EER VOICE—MAIL EXTENSION #139 OF COUNSEL;
MICHAEL J- HINKI-Bt FRANK c. BENDE11
TR0YD.S1SUMt Wl`LLIAMR.DEASEY
JENNIFER B- HUNTERT 1951-1993
CHRISTOPHER. G. MAVROST JAMES G_ BARNES
$t£é§.§·§?rat.‘1ti‘31Fa“11ERl May 0» 2007 TALSO LEEEQNIBAR
ANDREW B. ADAIR I ALSO MEMBER CA BAR.
KJMZBERLY M. FRASCELLA ¤ ALSO MEMBER NY BAR
SH]-ERYL L. BROWN
UNITED STATES DISTRICT COURT
For the District of Delaware
844 North King Street
Lockbox 18 _ E
Wilmington, DE 19801 ;. -_ _— ‘ _ v M
ATTN: COURT CLERK
RE: Raymond Bruton v. Jay Sylvester, et. al.
C.A. N0.: 06-736 c I ·--
Our File No.: 411.22637 Y I- —- '"T `
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Dear Sir or Madam: ‘ iz »>...; tw
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Enclosed please find the executed Return of Waiver of Service of Summons in the
above-captioned matter. Kindly file the same and return a filed, stamped copy to our office in T "
the enclosed business reply envelop.
Please feel free to contact me should you have any questions or concerns.
\{·e\ry truly yours,
_ fDE§SEY, MAHONEY & BENDER, LTD
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Case 1 :06-ov—00736-SLR Document 8 Filed 05/1 1/2007 Page 2 of 2
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RETURN OF WAIVER OF SERVICE OF SUMMONS
I acknowledge receipt of the request that I can waive service of summons in the matter of
‘ C.A. No.06-736 in the United States District of Delaware. I have also received a copy ofthe
, complaint in the action, two copies of this form, a copy ofthe Order of the Court authorizing
I service and a means by which I can return the signed waiver 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 be served with judicial process in the manner provided by
` Rule 4. l will retain all defenses or objections to the lawsuit or to thejurisdiction 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 j udgement may o entered against the party on whose behalf I am
acting if a response is not served and tiled within 60 days after: April 13, 2007. . Q], J
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DUTY T0 AVOID UNNECESSARY COST OF SERVICE OF SUMMONS i ga

Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving
i unnecessary cost of service of the summons and the complaint. A defendant located in the
it United States, who, after being notified of an action and asked to waive service of summons
on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause be shown for that defendants failure to sign and return the
waiver.
E lt is not good cause for a failure to waive service that a party believes that the complaint is
i 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 defendants person or property. A
E defendant who waives service of summons retains all defenses and objections, except any
relating to the simmons or the service of summons, and may later object to the jurisdiction of the
? Court or to the place to where the action has been brought. .
A defendant who waives service must within the time specified on the "Return of Waiver"
form served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile a signed copy of the response with the Court. If the answer or a motion is not
served within this time, a default judgement 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.