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

l; Case 1 :07-cv—OO562-GIVIS Document 22 Filed 1 1/O9/2007 Page 1 of 3
AD 398 (Delaware Elev. 7.*00)
NOTICE OF LAWSUIT AND REQUEST FOR
WAIVER OF SERVICE OF SUMIVIONS _
TO: (A) *E/\`EPeEelg uire Kt Ct ?€Q BFE {TW W) [ DZ -
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 filed in the United States
District Court are and has been assigned docket number 07-5 62-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 ofthe 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 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 indicatcl, 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 patties to waive the service
of the summons, which is set forth at the foot ofthe waiver form.
I affirm that this request is being sent to you on behalf of the plaintiff this 4th day
of October , 2007.
/Q"/LI/1
Signature of Plaintiffs Attomey
or Unrepresented Plaintiff
A—Namc ofindividual defendant {or name ofofiicer or agent ofcorpomte defendant)
B—TitIe. or other relationship of individual to corporate defendant
C—Nume ofcorponnc defendant, if any
D—-District
E—Docket number of action
F—Ad•:lressee must be given at least 30 days ( 60 days if located in foreign country) in which to rctum waiver

_ · u Case 1 :07-cv—OO562-GIVIS Document 22 Filed 11/O9/2007 Page 2 of 3
AD 399 (Delaware Rev. 7.*00]
WAIVER OF SERVICE OF SUMMONS
TO: Scott M. Tucker
{NAME or PLAlNTlFF`S ATTURNEY on uuusrtuasenreo PLAINTIFF}
I, Randolph Lerner , acknowledge receipt of your request
toertiuoaur NAME)
that I waive service of summons in the action of Lemon Bay Partners, et al. v. Hammonds. et al.,
tcAt·TtoN or ACTION}
which is case number in the United States District Court 07-562-GMS
tooctttrr NUMBER)
for the District of Delaware.
I have also received a copy ofthe complaint inthe 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 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 behalfl 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 of the summons.
I understand that a judgment may be entered against me (or the party on whose behalf l
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 aher that date if the request was sent outside the United
(mrs aaou rst was sent)
States.
° <—SignHere
roars) tsrouaruatzy
Prirttedffyped Name:
As of
trtrter icoaroaare ost=taNoANTr
Duty to Avoid Unnecessary Costs of Service of Summons
Rule 4 ofthe Federal Rules ofCiviI Procedure requires certain panics to cooperate in saving unnecessary costs ofservice
ofthe summons and complaint. A defendant located in the United Status who, after being notified ofan action and asked by a plaintiff
located in the United States to waive service ofsummons, fails tn do so will be required to bear the Cost ofsuch service unless good
cause be shown for its failure to sign and return the waiver.
It is not good cause for tt tirilure 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 ofthe action or over its person or property. A
party who waives service ofthe summons retains all tlefenses and objections (except any relating to tl1e summons or to the service of
the summons), and may later object to the jurisdiction ofthe coun or to the place where the action has been brought.
A defendant who waives service must within the time specitied on the waiver Ibmr serve on the pIaintii`l"s attomey (or
unreprcsented plaintiff) a response to the complaint and must also tile tr signed copy ofthe response with the coun. lf the answer or
motion is not served within this time, a defaultjudgmtmt may be taken against that defendant. By waiving service a delizntlant is
allowed more time to answer than ifthe summons had been actually served when the request lbr waiverof service was received.

Case 1 :07-cv—OO562-GIVIS Document 22 Filed 1 1/O9/2007 Page 3 of 3
=iAO 440 (Rev. SI01) Summnns in aCivil Action
RETURN OF SERVICE
DATE
Service ofthe Summons and complaint was made by mem N¤v¤mber 9 · 2 UU 7
NAME OF SERVER SPRINT) TITLE
Denny P . Ren olph, Jr . PIOCESS SENEI
Check one box below ro indicate rr » ro ricrte nrerhod o senrice
El 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 Returned unexecuted:


E Other (Specify); Served Randolph Lerner by serving his counsel Edward P . Welch et; Skedden , Arpe ,
u*¤••· ·. •u ' in- {nun- .u. · ` u s •| I “1| nu I up- * II I:
4 z O O p .111 .
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 Return of Service and Statement of Service Fees is true and correct.
Executed on // E ?[ 99, ,&Z»9’ [ z'
alt. Sgalpgttarje {Se er _ _
- irnio e & Tikellie, L
One Rodney Square, P .O. Box 1035
Wilmington, DE 19999
Addrem qf Server
(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.

Case 1:07-cv-00562-GMS

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