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

Filing 9

WAIVER OF SERVICE Returned Executed by ELIZABETH MORT, ALEX RODRIGUEZ. LAWRENCE COUNTY CHILDREN AND YOUTH SERVICES 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. 9

AO 399 (01/09) Waiver of

the Service of Summons

UNITED STATES DISTRICT COURT
for the

Elizabeth Mort, et al. Plaintiff v. Lawrence County Children and Youth Services, et al.
Defendant

)
) )

Civil Action No. 2:10-cv-01438-DSC

) )

WAIVER OF THE SERVICE OF SUMMONS
To: Patricia L. Dodge, Esquire
(Name of the plaintiffs attorney or unrepresented plaintif

I have received your request to waive service of a summons in this action along with a copy of the complaint, 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, agree to save the expense of serving a sumons and complaint in this case.

I understand that I, or the entity I represent, wil keep all defenses or objections to the lawsuit, the court's
jursdiction, and the venue of the action, but that I waive any objections to the absence of a sumons or of service.
I also understand that I, or the entity I represent, must fie and serve an answer or a motion under Rule 12 within

60 days from 11/04/2010 , the date when this request was sent (or 90 days if it was sent outside the
United States). If! fail to do so, a default

judgment wil be entered against me or the entity I represent.

Date:

11/19/2010
Marie Milie Jones, Esquire
Printed name

Lawrence County Children and Youth Services
Printed name of party waiving service of summons

Meyer, Darragh, Buckler, Bebenek & Eck, P.LL.C.
600 Grant Street, Suite 4850

Pittsburgh, PA 15219
Address

mjones~mdbbe.com
E-mail address

[phone]
Telephone number
Duty to Avoid Unnecessary Expenses of

Serving a Summons

Rule 4 ofthe Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States wil be required to pay the expenses of service, unless the defendant shows good cause for the failure.

"Good cause" does not include a beliefthat the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has
no jurisdiction over this matter or over the defendant or the defendant's propert.
If the waiver is signed and returned, you can stil make these and all other defenses and objections, but you canot object to the absence of

a summons or of service.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and fie a copy with the court. By signing and returnng the waiver form, you are allowed more time to respond than if a summons had been served.

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