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

Case 1 :06-cv-00010-SLR Document 5 Filed 01/23/2006 Page 1 of 1
AD 399 (Delaware Rev. 7/UU}
WAIVER OF SERVICE OF SUIVHVIONS
Tg); Robert R . Davis , Esq .
(nar-is or PLA1N']'lFF'S .¤:rroru~:ev on tnvaaraesenreo rtaturtrm
I, ggpgg EQ] Q j DQS Bm; j Igmgmj; E] Q D ,acltnowledge receipt ofyourrequest
roereuoanr Nrxtvte) -
that I waive service ofsummons in the action of Troug V. Pegco Holdings , Inc . [ et et]. .
. (cairrrou or ACTION)
which is case number 1: 0 6‘CV—0 U 01 U “‘SI·R inthe United States District Court
rooctctsr Ntituestz.)
for tlte 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 return tlte signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy ofthe complaint in this lawsuit
by not requiring that l (or the entity on whose behalf I am acting) be served with judicial process in tlte _
manner provided by Rule 4.
I (or the entity on whose behalf I am acting) will retain all defenses or objections to tlte lawsuit or to
tlte jurisdiction or venue of the court except for objections based on a defect in the summons or in the
service ofthe summons.
I understand that ajudgment may be entered against me (or tlte party on whose behalf I am acting) if
an answer or motion under Rule 12 is not served upon you within 60 days after Ja Dj] mia? ] g 2 0 0 6
or within 90 days after that date if the request was sent outside the United States. (DATE REQ ‘$T WAS `mm
(DATE) (SIGNATURE)
Printed/Typed Name: M - Duncan Gfant ( #2 9 9 4 i
AS [ Counsel mr Pepco Holdings Retirement Pla;
' (rtree) rcotwottare DEFENDANT)
Duty to Avoid Unnecessary Costs of Service oi`Summons
Rate 4 ofthe Federal Rules of Civil Procedure requires certain panics to cooperate in saving unnecessary costs of service ofthe summons
and complaint. A defendant located in tlte United States who, after being notified ofan action and asked by a plaintiiTlocated inthe United States
to waive service ofsummens, fails to do so will be required to bear the cost ofsuch service unless good cause be shown for its failure to sign and
return Li'tB waiver.
It is not good cause {ora failure to waive service theta pany believes that the complaint is unfounded, or that tlte action has been brought
in an improper place or in a court that lacksjurisdiction over the subject matter ofthe action or over its person or property. A party who waives
service ofthe summons retains all defenses and objections (except any relating tothe summons or to the service ofthe summons), and may later
object to thejurisdiction ofthe court or to the place where tlte action has been brought.
A defendant who waives service must within tlte time specilieri on the waiver l`on·n serve on tlte plaintiiT`s attorney (or unrepresentcd plaintiff)
at response to the complaint and must also tile ti signed copy ofthe response with the court lfthe answer or motion is not served within this time,
I1 defaultjudgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answer titan ifthc summotts had
been actually served when the request for waiver of service was received.