MORT et al v. LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES et al

Filing 5

WAIVER OF SERVICE Returned Executed by ELIZABETH MORT, ALEX RODRIGUEZ. JAMESON HEALTH SYSTEM waiver sent on 11/4/2010, answer due 1/3/2011. (Dodge, Patricia)

MORT et al v. LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES et al

Doc. 5

AO 399 (01109) Waier of

the Seric of

Sumon

UNITED STATES DISTRICT COURT
for the Western Distrct of Pennlvana

Elizabeth Mort et at.
P /aff

v. lawrence County Children and Youth Services, et at.

) ) )

Civil Action No. 2:10-cv-01438

Defnd

)
)

WAIVER OF THE SERVICE OF SUMMONS
To: Patricia L. Dodge
(Nam of

the plaintffs attorn or imrepreented plaintff

I have received your request to waive service of a sumons in ths action along with a copy of the complait, two copies of this waiver form, and a prepaid means of retuing one signed copy of the form to you.
I, or the entity I represent, agre to save the expnse of servg a sumons and complaint in this case.

I understad tht I, or the entity I represent, wi keep al defenss or objections to the lawsut, the cour's
jursdiction, and the venue of the action, but that I waive any objections to the absence of a sumons or of servce.

I also understad that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 with

60 days from 11104/10 , the date when ths request was sent (or 90 days if it was sent outside the
Unite States). If I fail to do so, a default judgment wi be entered agaist me or the entity I represent.
Date:

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Duty to Avoid Unnecesar Expens or Servg a Sumon
Rule 4 orthe Federa Rules of

Civil Produr reuires certn defendats to coperate in saving unnecessa expnses of serving a summons

and complaint A defendat who is locate in the Unite Slates and who fails to return a signed waiver of service reuested by a plaintiff located in the United Slate will be required to pay the expnses of service, unless the defendat shows good caus for the failure.
"Go caus" does not include a belief that the lawsuit is grundless, or that it has been brought in an improper venue, or that the cour has

no jursdicton over ths matr or over the defendat or the defendat's propert.
If

the waiver is signed and returned you can stll make these and al other defenses and objections, but you canot object to the absence of

a summons or of service.
If you waive service, then you must witln the time specified on the waiver form serve an answer

and file a copy wit the cour By signing and returning the waiver form you ar allowed more time to repond than if a summons had been served.

or amotion under Rule 12 on the plaintiff

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