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

Case 1 :07-cv-00830-SLR Document 4 Filed O2/O9/2008 Page 1 of 2
`· ‘\tlS*TS tRc\. L2 931
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUMMONS
TO: [A) Jim (James} Christensen

as (B) F-‘resictenttOwner of(C) J.C. CHRISTENSEN St ASSOCIATES, INC.
A lawsttit has beett commenced against y·ou (or the entity on whose behalfyou are addressed). A copy ofthe
complaint is attached to this notice. It has been filed in the United States District Court for the
(D} NJA I)istrict of Delaware
and has been assigned docket ttumber [E) 07-830 .
This is not a formal sumtnorts or notification front the court. but rather tny request that you sign and return the
enclosed waiver ofservice in order to save the cost ofserving you with ajudieial summons and an additional copy ofthe
complaint. The cost ofsetvice will be avoided ifl receive a signed copy ofthe waiver
within (F} 30 days after the date designated below as the date on which this Notice and Request
is sent. I enclose a stamped and addressed envelope (or other means of cost-free return} for your use. An extra copy
ol`the waiver is also attached for your records.
Ifyou 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 ltad been served on the date the waiver is tiled. except
that you will not be obligated to answer the complaint before 60 days from the date designated betow as the date on
which this notice is sent (or before 90 days from that date ifyour address is not in anyjudicial district ofthe United
States}.
lfyou do not return the signed waiver within the time indicated, l will take appropriate steps to effect formal
service in a tnanner authorized bythe Federal Rules ofCivi| Procedure and will then, to the extent authorized by those
Rules. aslt 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 panics to waive tlte service of the
sutntnons. which is set forth at the foot ol`the waiver form.
l affirm that this request is being sent to you on behalf of tlte plaintiff, this 9th day of
January _ 2DUB .
aj; Ctr EMA
Signature of Plaintiffs Attomey
or Unrepresented Plaintiff
i\—Natne otandividual defertdttnt tor n.un•: of officer or agent ot`corpor:tle delctltlarttl
Ii»—`l`itIe. or other relationship t1I`tr1t1|vtdutsl to corporate defendant
i.`··N1tlTILZ {lI`C01’p()l`dit! LIt.?|`CII`lLi{IIli. lliillly
I)—I)tsttict
Ii Ilockettttttnhertrfacllott
|·`—.·\ddresse;· must be giver: at least 3l}•.t:t.ys tolltltsys iflocated tn foreign country} tn which to return waiver

Case 1 :07-cv-00830-SLR Docu ment 4 Filed O2/O9/2008 Page 2 of 2
MAO 399 (Rev l0~‘95)
WAIVER OF SERVICE OF SUMMONS
TO: Vivian Houghton
(NAME OF Pl.AtNTIFF‘S A'l“I`ORNEY OR UNREPRESENTED PLAINTIFF)
|_ Jim (James) Christensen on behalf of J.C. Christensen, Inc. , acknowledge receipt of your request
(DEFENDANT NAME)
that I waive service of summons in the action of Mullaney, II, et al. v. J.C. Christensen, Inc., et al. _
tcamox or Acrriom
which is case number 07-830 in the United States District Court
toocicer Number:)
for the NIA District of Delaware .
I have also received a copy ofthe complaint in the action, two copies of this instrument, and a means by which I 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 I (or the entity on whose behalf I am acting) be served with judicial 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 thejurisdiction
or venue ofthe 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 I2 is not served upon you within 60 days afier 1/9/08 .
to/irs keouesr was staxri
or within 90 days alter that date if the request was sent outside the United States.
(DATE) (SIGNATURE)
Printed/Typed Name:

As of
(TITLE) (CORI’0RA'I'E oereutm NT)
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 costs ofservice of the summons and complaint. A
defendant located in the United States who, alter being notilied of an action and asked by a plaintiff located in the United States to waive service of summons, fails to
do so will he required to bear the cost of such service unless good cause be shown for its failure to sign and rctum the waiver.
It 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 ofthe action or over its person or property. A pany who waives service of the summons retains all defenses
and objections (except any relating to the summons or to the service ofthe summons), and may later object to thejurisdiction ofthe coun or to the place where the action
has been brought.
A defendant who waives service must within the time specilietl on the waiver fonn serve on the plaintilT s attorney (or unrepresented plaintiff) a response tothe
complaint and must also lile a signed copy ofthe response with the coun. lf the answer or motion is not served within this time, adefault 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 tor waiver of service
was received.

Case 1:07-cv-00830-SLR

Document 4

Filed 02/09/2008

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Case 1:07-cv-00830-SLR

Document 4

Filed 02/09/2008

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