Free Request for Waiver of Service - District Court of Delaware - Delaware

Case 1 :07-cv-00830-SLR Document 5 Filed O2/O9/2008 Page 1 of 2
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NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUMMONS
TO: {A) Jean Miller

as {B) herself End 88 agent of{C`} J.C. CHRISTENSEN 8. ASSOCIATES, INC.
A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy ofthe
complaint is attached to this notice. It has been filed in the United States District Court lbr the
(D) NIA District of Delaware
and has been assigned docket number(E) 07—830 .
This is I't0l a formal sutntnons or notification from the court. but rather my request that you sign and return the
enclosed waiver ofservice in order to save the cost ofserving you with ajutlicial summons and an additional copy ofthe
complaint. Tite cost ofscrvice will be avoided ii`] receive a signed copy ofthe waiver
witltin (Ii`) 30 days after the date designated below as the date on which this Notice and Request
is sent. l enclose a stamped and addressed envelope (or other means ofcost-free return) for your use. An extra copy
ofthe waiver is also attached for your records.
lfyou 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 ifyou had been served on the date the waiver is filed, except
tltat you will not be obligated to answer the complaint before 60 days front 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 anyjudicial district ofthe United
States).
[fyou do not return the signed waiver within the time indicated. 1 will take appropriate steps to effect formal
service in a manner authorized by the Federal Rules ofCivil Procedure and will then. to the extent authorized by those
Rules. asl; the court to require you (or the party on whose behalf you are addressed) to pay the full costs 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 at the lbot ofthe waiver lbrm.
l al`lirtn that this request is being sent to you on behalfofthe plaintiff] this 9th day of
January _ 2008 ,
I if
.)\_r~J\»"·—-·
Signature of i‘|aintill"s Attorney
or Unreprcsented Plaintiff
.·\—N;tt1te nl- lndtt tduai detertdtmt {ot nzurte ttlhtiicct or agent ofeorporate dcfcttdant)
Ii--Title. or other reittttunshlp oI`lntIi\‘tdt1..’t! to corporate det`end:1nl
€.`—Narnc ofcorperate detendant. tfany
[)—I)tstrtct
E-—I)ocl·;et number tt|`t1CIIOI1
Ir—:\ddfCS$CCI¥1t1hiI\J given at least 30 days (60 days iflocated in foreign country} in which ta return urnver

Case 1 :07-cv-00830-SLR Docu ment 5 Filed O2/O9/2008 Page 2 of 2
MAO 399 met-. I0/95)
' WAIVER OF SERVICE OF SUMMONS
TO: Vivian Houghton
(NAME OF PLAlNTlFF’S ATTORNEY OR UNREPRESENTED PLAINTIFF)
[_ Jean Miller, indvidually, and as agent of J.C. Christensen, Inc. , acknowledge receipt of your request
(DEFENDANT NAME)
that l waive service of summons in the action of Mullafley. ||. el al. v. J.C. Christensen, Inc., et al. ,
tcnmou or ACTION)
which is case number 07-830 in the United States District Court
(DOCKET NUMBER)
for the N/A District of Delaware _
l have also received a copy of the complaint in the action, two copies of this instrument, and a means by which l can
retum 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 l (or the entity on whose behalf I am acting) be served withjudicial 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 thejurisdiction
or venue ofthe court except for objections based on a defect in the summons or in the service of the summons.
l understand that ajudgment may be entered against me (or the party on whose behalf l am acting) if an
answer or motion under Rule l2 is not served upon you within 60 days alter 1/9/08 ,
(mrs maourasr was sem)
or within 90 days after that date if the request was sent outside the United States.
(DATE) (SIGNATURE)
Printedffyped Name:
As of
(TITLE) (CORPORATE oersnomm
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 of the Federal Rules of Civil Procedure requires certain panics to cooperate in saving unnecessary CDSIS of service of the summons and complaint. A
defendant located in the United States who, after being notilicd of an action and asked by a plaintiff located in the United States to waive service of summons, tails to
do so will be required to bear the cost of such service unless good cause be shown for its failure to sign and retum 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 coun that lacks jurisdiction 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 plaintiffs attorney (or unrepresented plaintitl) a response to the
complaint and must also file 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 been actually served when the request for waiver of service
was received.

Case 1:07-cv-00830-SLR

Document 5

Filed 02/09/2008

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Case 1:07-cv-00830-SLR

Document 5

Filed 02/09/2008

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