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

Case 1 :06-cv—00040-IVI PT Document 2 Filed 01/30/2006 Page 1 of 2
AO 399 {Delaware Rev. 7/00)
WAIVER OF SERVICE OF SUMMONS
TO: Q. c\)C.T`J\ fra I
(NAME or PL.A.rNr1rr‘s Arronnsv on UNREPRESENTED r=r.arNTrFF}
l, Civ! l q , acknowledge receipt ofyour request Q
mar N ANT NAME) _
that I waive service of summons rn the action of ~ O sr QM. U La , 5
_ g (CAPTION or AcTroN)
which is case number { Ll O in the United States District Court $
(DOCKET NUMBER)
for the District of Delware.
Ihave also received a copy ofthe complaint inthe action, two copies ofthis instrument, and a means
by which I can return the signed waiver to you without cost to me.)
I agree to save the cost ofservice of`a summons and an additionai copy ofthe 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 41. i
I (or the entity on whose behalfl am acting) 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.
I understand that a judgment may be entered against me (or the party on whose behalfl am acting) if
an answer or motion under Rule 12 is not served upon _you within 60 days after ,
or within 90 days after that date ifthe request was sent outside the United States, (DATE REQUEST WAS SENT) · I
£ATE) (SIGEATURE) E
-:
. T Z Q A b 2
Prrntedfi yped Name: 2 ITT { Q" ,
- C"- *
As /‘ff&‘7T. 56 ~—"°L"CZ>-{ink.- i
(TITLE) (coaromxra DEFENDANT}
Duty to Avoid Unnecessary Costs ofService of'Summons
Rule 4 of`the Federal Rules of`Civil Procedure requires certain panics 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 plaintitt located in the United States
to waive service of surnmons, 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 unfoimded, or that the action has been brought
in an improper place or in a court that lacksjurisdiction over the subject matter of`the action or over its person or property A party who waives
service ofthe summons retains all defenses and objections (except any relating to the summons or to the service ofthe summons), and may later
object to the jurisdiction 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 plaintiff"s attomey (or urrrepresented plaintiff)
a response to the complaint and must also tile a signed copy ofthe 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 Q
been actually served when the request for waiver of service was received Z

Case 1 :06-cv—00040-IVI PT Document 2 Filed 01 /30/2006 Page 2 of 2
AO 398 fDeiaware Rev 7/00)
NOTICE OF LAWSUIT AND REQUEST FOR l
WAIVER OF SERVICE OF SUMMONS
TO: (A) {\!'i QQ Dag'? _ f/Qur; . ;
as (B) gd? Cymml of(C) Wa $i“¢~l€ of Delaware l
A lawsuit has been commenced against you (or the entity on whose behaifyou are addressed).
A copy ofthe complaint is attached to this notice. It has been filed in the United States District Court -
for the District ofDelaware and has been assigned docket number YO , Q
This is not a formal summons or notification from the court, but rather my request that you sign and
return the enclosed waiver ofservice in order to save the cost of serving you with a judicial summons and ?
an additional copy ofthe complaint The cost of service wilt be avoided ifl receive a signed copy ofthe i
waiver within (F) QD days after the date designated below as the date on which this Notice and
is sent. I enclose a stamped and addressed envelope (or other means ofcost-free return) for your use. g
An extra copy of'the waiver is also attached for your records. y
Ifyou comply with this request and return the signed waiver, it will be filed with the court and
no summons will be served on you. The action will then pr·oceed as ifyou had been served on the date
the waiver is filed, except that you will not be obligated to answer the complaint before 60 days from Z
the date designated below as the date on which this notice is sent (or before 90 days from that date if .
your address is not in any judicial district ofthe United States). Z
Ifyou do not return the signed waiver within the time indicated, I will take appropriate steps 5
to effect formal service in a manner authorized by the Federal Rules ofCivi} Procedure and will then,
to the extent authorized by those Rules, ask the court to require you (or the party on whose behalfyou
are addressed) to pay the full costs of such service. In that connection, please read the statement
concerning the duty ofparties to waive the service ofthe summons, which is set forth at the foot ofthe
waiver form.
W T affirm that this request is being sent to you on behalfofthe plaintiff, this i day of
L%_&o¤ » ,200
Signature of`Plaintiff’s Attorney
or Unrepresented Plaintiff
A—Name of individual defendant (or name ofofficer or agent of corporate defendant)
B—Title, or other relationship of individuai to corporate defendant
C—Name of corporate defendant, if any Z
D—Dist1·ict I
E—Docl F——Addressee must be given at least 30 days (60 days if located in foreign country) in which to return waiver I