Free Affidavit of Service - District Court of Delaware - Delaware

Case 1:07-cv-00537-SLR-LPS

Document 7

Filed 09/25/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PHOENIX PAYMENT SYSTEMS, INC. d/b/a ELECTRONIC PAYMENT EXCHANGE, Plaintiff, v. LEXCEL, INC. and LEXCEL SOLUTIONS, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-537 (***)

DECLARATION OF MAILING AND OF SERVICE PURSUANT TO D. DEL. L.R. 4.1(b) I, Julia Heaney, declare as follows: 1. I am a partner in the law firm of Morris, Nichols, Arsht & Tunnell LLP,

Delaware counsel for plaintiff in this action. 2. Copies of the summons and complaint in this action were served on

September 10, 2007 on Lexcel, Inc. and Lexcel Solutions, Inc. pursuant to 10 Del. C. § 3104, by hand delivery to the Delaware Secretary of State with the statutory fee of $2.00 per defendant. 3. A copy of the summons showing service on the Secretary of State was

filed on September 10, 2007. 4. On September 10, 2007, copies of the summons, complaint, and Notice of

Availability of a United States Magistrate Judge were sent by Registered Mail, Return Receipt Requested, to: Lexcel, Inc. Lexcel Solutions, Inc. 4110 N. Scottsdale Road Suite 360 Scottsdale, AZ 85251

Case 1:07-cv-00537-SLR-LPS

Document 7

Filed 09/25/2007

Page 2 of 4

5.

I attach the registered mail receipt showing that the summons and

complaint were delivered to Lexcel, Inc. and Lexcel Solutions, Inc. as Exhibit A. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 25, 2007

/s/ Julia Heaney (#3052)
_______________________________ Julia Heaney (#3052)
1242449

2

Case 1:07-cv-00537-SLR-LPS

Document 7

Filed 09/25/2007

Page 3 of 4

EXHIBIT A

Case 1:07-cv-00537-SLR-LPS

Document 7

Filed 09/25/2007

Page 4 of 4