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

Case 1 :06-cv-00010-SLR Document 7 Filed 01 /23/2006 Page 1 of 1
AO 399 (Delaware Rev. '//00)
WAIVER OF SERVICE OF SUMMONS
TO;Robe1:t R . Davis , Esg .
(NAME or rtaiNT1rr‘s Arrotmev on uNncr·rteseNTen PLAINTIFF)
I, PEPCO H¤1dl¤se ' Inc ‘ ,aclcnowledge receipt ofyour request
(DEFENDANT NAME)
that I waive service of summons in the action of Troop V. Pegco Holdings , Inc . eat; al .
{caption or Action)
which is case number l : 0 6-—-c:v———O 0 0].0-SLR in the United States District Court
{ooctter Nuttteett)
for the District of Deiware.
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 me.
1 agree to save the cost of service of a summons and an additional copy ofthe compiaint in this lawsuit
by not requiring that i (or the entity on whose behalf I arn acting) be served with judicial process in the
manner provided by Rule 4.
l (or the entity on whose behalf I am 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 ajudgment 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 ZIBDH mag? Q] Q 2 0 0 6
or within 90 days after that date if the request was sent outside the United States, (DATE REQ `*""’*“ SENT)
I/2*/aé ill QIMALML
(DATE) (SIGNATURE)
Printedffyped Name: M . Dl.1I1Can GI'8.11iZ ( il=2 9 9 4 )
AS Counsel or Pezpco Holdings , Inc:.
{TITLE] tcoaroanre DEFENDANT)
Duty to Avoid Unnecessary Costs of Service of Summons
Rule ti ofthe Federal Rules ofCivil Procedure requires certain parties to cooperate in saving unnecessary costs ofservice ofthe summons
and complaint. A defendant located in the United Stt1teswho,after being notified ofan action and asked by a plaintifflocated in the United States
to waive service ofsummons, fails to do so will be required to hear the cost ofsuch service unless good cause be shown for its failure to sign and
i’B°t'l.ll'l’l [iii} Wi.l.l\i`i.!F.
it is nut 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 n coun that tacks jurisdiction over the subject matter ofthe action or over its person or propeny. 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 fonn serve on the plaintiffs attorney (or unrepresented plaintiti)
a response to the complaint and must also file a signed copy ofthe response with thc court. [fthe answer or motion is not served within this time,
a dcfaultjudgmcnt may be taken against that defendant. By waiving service, 21 defendant is allowed more time to answer than ifthe summons had
been actually served when the request for waiver ofservice was received.