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

’ D Case 1 :07-cv-00561-GIVIS Document 4 Filed 11/05/2007 Page 1 of 3
AO 398 (Delaware Rev. 7/00) .
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUMMONS
TO: (A) Richard Morse, Esquire
as (B) Counsel of (C) Bank of America Corporation
A lawsuit has been commenced against you (or the entity on whose behalf you are
addressed).A copy of the complaint is attached to this notice. It has been filed in the United States
District Court are and has been assigned docket number 07-561-GMS .
This is not a formal summons or notification from the court, but rather my request that
you sign and return the enclosed waiver of service 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 I
receive a signed copy ofthe waiver within (F) 30 days after the date designated below as
the date on which this Notice and is sent. I enclose a stamped and addressed envelope (or
other means of cost-free return) for your use. An extra copy of the waiver is also attached for
your records.
If you comply with this request and retum the signed waiver, it will be filed with the
court and no summons will be served on you. The action will then proceed as if you had
been served on the date the waiver is filed, except that you will not be obligated to answer the
complaint before 60 days from 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 any judicial district of the
United States).
If you do not retum the signed waiver within the time indicated, I will take
appropriate steps to effect formal service in a manner authorized by the Federal Rules of
Civil Procedure and will then, to the extent authorized by those Rules, ask the court to require
you (or the party on whose behalf you are addressed) to pay the full costs of such service. In
that connection, please read the statement concerning the duty of parties to waive the service
of the summons, which is set forth at the foot of the waiver form.
I affirm that this request is being sent to you on behalf of the plaintiff this 4th day
of October , 2007.
Signature of Plaintiffs Attomey
or Unrepresented Plaintiff
A»-~~Name of individual defendant (or name of otiicer or agent of corporate defendant)
B—Title, or other relationship of individual to corporate defendant
C—Name ofcorporate defendant. if any
D--»Disrrier
E»—Docket number of action
FvAddressee must be given at least 30 days (60 days if located in foreign country) in which to retum waiver

· " Case 1 :07-cv-00561-GIVIS Document 4 Filed 11/05/2007 Page 2 of 3
AO 399 (Delaware Rev. 7/00)
WAIVER OF SERVICE OF SUMMONS
TO: Scott M. Tucker
(NAME OF PLAlNTlFF`S ATTORNEY OR UNREPRESENTED PLAiNTiEE)
I, Bank of America Corpgration , acknowledge receipt of your request
(DEEENDANT NAME)
that I waive service of summons in the action of , Donald F. Benoit v. Hammonds, et al. ,
(CAPTTON or ACTION)
which is case number in the United States District Court 07-561-GMS
(DOCKET NUMBER)
for the District of Delaware.
I have also received a copy of the complaint in the action, two copies of this instrument,
and a means by which I can return the signed waiver to you without cost to me.
I agree to save the cost of service of a summons and an additional copy of the 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 the jurisdiction or venue of the court except for objections based on a defect in the
surrnnons or in the service of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf I
am acting) if an answer or motion under Rule l2 is not served upon you within 60 days after
October 4, 2007 , or within 90 days after that date if the request was sent outside the United
(DATE REQUEST WAS SENT)
States. C
(DATE) (STGNATURQ
Printed/Typed Name: Y C/ki M 9 g vnd A
glql F B
As ·0f·· Q Q
(TITLE) (CORPORATE DEEENDANT)
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service
of the summons and complaint. A defendant located in the United States who, alter being notified ofan action and asked by a plaintiff
located in the United States to waive service of summons. fails 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 court that lacks jurisdiction over the subject matter of the action or over its person or property. A
party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of
the summons), and may later object to the jurisdiction of the 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 plaintiff s attorney (or
unrepresented plaintiff) a response to the complaint and must also file a signed copy of the 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-00561-GIVIS Document 4 Filed 11/05/2007 Page 3 of 3
QAO 440 (Rev. 8/Ol) Summons in a Civil Action
RETURN OF SERVICE
A DATE
Service of the Summons and complaint was made by mem NOV€mb€1" 1 I 2 007
NAME or sERvER (SPRINT) TITLE
Danny P . Ran olph, Jr. Preeeee Server
Check one box below to indicate a ro riate method 0 service
El Served personally upon the defendant. Place where served:
l] Left copies thereof at the defendant’s dwelling house or usual place of abode with a person of suitable age and
discretion then residing therein.
Name of person with whom the summons and complaint were left:
I] Returned unexecuted:
[Q Other (Specify); Served Bank of America Corgorat ion bx serving its counsel Richard Morse at Young
Conawax Stargatt & Taylor LLP, The Brandgine Building, 1000 West Street , 17th
Floor: Wilmington; DE 19801 on October 4, 2007 at 4 : 00 E.m.
STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL
DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing information
contained in the Retum of Service and Statement of Service Fees is true and correct.
Executed on [
Date Signature 1gfS ver
Chimicl s & Tikellis , LL
One Rodney Square , P . O. Box 1035
Wilmington, DE 19899
Address of Server
(I) As to who may serve a summons see Rule 4 ofthe Federal Rules of Civil Procedure.

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