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

Case 1 :07-cv—00845-GIVIS Document 19 Filed 08/08/2008 Page 1 of 2
RECEIVED
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE FOR SUMMONS JUL 2 5 2008
LEGAL DEPT
TO: Correctional Medical Services
A lawsuit has been commenced against you. A copy of the Complaint is attached to this
notice. It has been filed in the United States District Court for the District of Delaware and has
been assigned Civil Action #07-845.
This is not a formal summons from the Court, but rather, is a request that you sign and
return the enclosed "Return of Waiver" form in order to save the cost of serving you with a
judicial summons and an additional copy of the Complaint. The cost of service will be avoided if
the "Return of Waiver" form is signed by you and returned to the U. S. Marshal’s Service in the
enclosed stamped and addressed envelope within 30 days after the date stamped below. An extra
copy of the "Return of Waiver" form is also enclosed for your records.
lf you comply with this request and return the signed waiver, it will be tiled with the
Court and no summons will be served on you. The action will then proceed as if you have been
served on the date the "return of Waiver" form is filed, except that you will not be required to
answer the Complaint before 60 days from the date designated below as the date on which this
notice is sent.
If you do not return the signed waiver within the time indicated, the appropriate steps to
affect formal service in the manner authorized by the Federal Rules of Civil Procedure will be
taken, and to the extent authorized by those Rules, the Court shall require you to pay the hill cost
of such service. ln that connection, please read the statement concerning the duty of parties to
. waive the service of the summons, which is set forth on the "Return of Waiver" form.
Date: July 21, 2008
Affirmed by: 2
USM epresentative
IFF NOTICE OF LAWSUIT FORM

Case 1 :07-cv—00845-GIVIS Document 19 Filed 08/08/2008 Pagegjjjg 5 C0
Corporate/Entity Defendant
(cmS /
RETURN OF WAIVER OF SERVICE OF SUMMONS
i acknowledge receipt of the request that l can waive service of summons in the matter of CA.
No.07-845 in the United States District of Delaware. l have also received a copy of the complaint in the
action, two copies of this form, a copy of the Order of the Court authorizing service and a means by which
l can return the signed waiver without cost to me.
l agree to save the cost of service of a summons and an additional copy of the complaint in this
lawsuit by not requiring that the entity on whose behalf l am acting be served with judicial process in the
manner provided by Rule 4.
The entity on whose behalf l 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 ofthe summons. l understand that a judgement may be entered against the party on whose
behalfl am acting if a response is not served and filed within 60 days after: July 21 2008.
g · e r t. Q
may sJe~»<-we Nbfsw ’”*%""i%¤‘{, if Gexree h T"”"ri
Si nat e of Defendant Printed or Typed Name g.fs#t,sg.éi a <).a, J Ca so er sf lr acs;
· DUTY TO AVOID UNNECESSARY COST OF SERVICE OF SUNIMONS
Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving
unnecessary cost of service of the summons and the complaint. A defendant located in th
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.
lt is not 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 a court that lacks
jurisdiction over the subject matter of the action or over defendant's person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to the summons 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 plaintiff‘s attorney, a response to the Complaint and
must also file 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.

Case 1:07-cv-00845-GMS

Document 19

Filed 08/08/2008

Page 1 of 2

Case 1:07-cv-00845-GMS

Document 19

Filed 08/08/2008

Page 2 of 2