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

Case 1 :06-cv-00010-SLR Document 3 Filed 01/23/2006 Page 1 of 1
AO 399 (Delaware Rev. 7/OU]
WAIVER OF SERVICE OF SUMMONS
TO: Rubgxt H Dmzj S 1:5%
{NAME 1= i·t..uNt 's Arrortrasv on unrusrncsewren r¤i.An~i*r1rt=)
I, Conectziv , acknowledge receipt of yourrequest
rocrenoanr Nat-tai
that I waive service ofsummons in the action of TIOUP V - PEPCO H0]-dj-HQS » IHC - . ,€l1 H]. .
(CAPTIDN or action)
which is case number Fl i 0 6 `CV"` 0 0 0 1 0 `SLR in the United States District Court
(oocncrivuivraern
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.
I agree to save the cost of service of a summons and an additional copy ofthe complaint in this lawsuit
by not requiring that I (or the entity on whose behalf I am acting) be served withjudiciai process in the
manner provided by Rule 4.
I (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 a judgment may be entered against me (or the party on whose behalf I am acting) if
an answer or motion under Rule I2 is not served upon you within 60 days after January ] 9 , 2 006
or within 90 clays after that date if the request was sent outside the United States. {DATE REQUEST ms SENT}
[ I Q-O/0 6 IM £‘i»4M.£•£g,( E1 WM}
(DATE) (SIGNATURE)
Printed/Typed Name: M • Duncan Grant I ii 2 9 9 4 )
AS Counsel of Conectiv
(TITLE) tcoruroaara octets nant)
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules of Civil Procedure requires certain panics to cooperate in saving unnecessary costs ofservice ofthe summons
and complaint. A defendant located in the United States who, alter being notified ofan action and asked by tt pittintifflocated in the United States
to waive service ofsummons, fails to do so will be required to bear the Cost ofsach 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 compiaint is unfounded, or that the action has been brought
in an improper place or in a coun that lacks jurisdiction over the subject matter ofthe action or over its person or property. A pany who waives
service oftlte 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 plaintiffs attorney (or unrepresented piaintift)
a response to the complaint and must also Ele a signed copy ofthe response with the coun. Ifthe answer or motion is not served within this time,
a defaultjudgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answertltart iftlte summons had
been actunliy served when the request for waiver ofservice was received.