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

, ` in Case 1 :07-ov-00561-GIVIS Document 22 Filed 11/O9/2007 Page 1 of 3
AD 398 (Delaware Rev. W00)
‘ NOTICE OF LAWSUIT AND REQUEST FOR
I WAIVER OF SERVICE OF SUMMONS
TO: (A) e Qi (`~\")`-ii VC; C ·~?ED|§€§ N) DI)! H:
as (B) Counsel of (C) Randolph Lerner
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 tiled in the United States
District Court are and has been assigned docket number 07-561-GMS .
This is not a formal summons or notilication 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 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 if you had
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 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 return 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 4* day
of October , 2007.
Signature of Plaintiffs Attorney
or Unrepresented PlaintiE
A——·Nan1c ofindividual defendant (or name ofolliccr or agent ol`corpo1·ate defendant)
B—Titie, or other relationship ofindividuat to corporate delenclant
C~—~Name ofcorporate detendant, if any
D—Dis¤i¤1
E—Dncket number of action
F--Atldrcssec must be given at least 30 days (60 days if located in thrcign country) in which to retum waiver

_, ` Case 1 :07-cv-00561-GIVIS Document 22 Filed 11/O9/2007 Page 2 of 3
AO 399 (Delawan: Rev. 7/00)
WAIVER OF SERVICE OF SUMIVIONS
TO: Scott M. Tucker
(NAME or PLAlNTlFF‘S Arroiuvsv oa UNREPRESENTED t=i.AiNTtFF)
I, Randolph Lerner , acknowledge receipt of your request
(DEFENDANT NAME)
that I waive service of summons in the action of , Donald F. Benoit v. Hammonds, et al. ,
(caption 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 ofthe 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
summons or in the service ofthe 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 I2 is not served upon you within 60 days after
October 4, 2007 , or within 90 days aher that date if tl1e request was sent outside the United
(DATE REQUEST tvits SENT)
States.
I
<—Sigl1Here
quartz) (SIGNATURE)
Printed./Typed Name:
As of
tTtTt.E} (CORPORATE DEFENDANT;
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules oi’Civii Procedure requires certain parties to coopemte in saving unnecessary costs of service
ofthe summons and complaint. A defendant located in the United States who, after being notilied of an action and asked by a plaintiff
located in the United States tn waive service ofsummons, fails to do so will be required to bear the cost ofsuch service unless good
cause be shown [br its failure to sign and return the waiver.
It is not good cause l`nr a failure to waive service that a party believes that the complaint is unlbunded, or that the action has been
brought in an impmper place or in a court that lacks jurisdiction over the subject matter ofthe action or over its person or property. A
party who waives service of the summons retains all detenses and objections (except any relating to the summons or to the service of
the summons), and may later object to thejurisdiction 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 plaintift”s attorney (or _
unrcprcscnted plaintiii) a response to the complaint and must also Iile a signed copy ofthe response with the coun. lfthe answer or
motion is not served within this time, a defaultjudgment may be taken against that defendant. By waiving service, E1 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—OO561-GIVIS Document 22 Filed 11/O9/2007 Page 3 of 3
QAO 44{I (Rev. SIU!) Summons in aCivil Action
RETURN OF SERVICE
_ DATE
Service of the Summons and complaint was made by me"' NUVEWFEF 9 » EUDV
NAME or senvea (SPRINT) TITLE
UaTmY P - RED U]-Ph· JF · Process Server
Check one box below to indicate a » ro rinre method o service
I3 Served personally upon the defendant. Place where served:

El 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:
El Retumed unexecuted:

5] gmc, (Specify); Served Randolph Lerner by serving his counsel Edward P . Welch al; Skadden, Arps ,
u·s-•· -, •n ' ••· I•q•· u. · ` n n- •• I '=I •• I an- A II li
4 : DD p . rn .
STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL
DECLARATION OF SERVER
I declare under penalty of perjury under tl1e 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 J c ·· W -*
Dale Si ·riqtnre {Serv _ _
· (`§h1m:¤.c es & Tikellis, L
One Rodney Square, P . O . Box 1D35
Wilmington, DE 19B99
.¤l.ddre.r.i· rj Server
(l ) As to who may serve a summons sec Rule 4-ofthe Federal Rules of Civil Procedure.

Case 1:07-cv-00561-GMS

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