Based upon the question whether the 13 year old was a person of suitable age and discretion to accept service, the matter was adjourned to allow the process server, who is also petitioner's counsel, to appear in court and address the question presented. The matter was adjourned to September 30, 2024, at 9:30 a.m. On September 30, 2024, the court was informed that counsel/process server was not available due to a previously scheduled event and the matter was adjourned to October 1, 2024.
Testimony and Argument:
On October 1, 2024, the matter was heard and sworn testimony given. Counsel/process server testified that on January 12, 2024, he took the papers to the subject premises. The 13 year old answered the door. Neither her parents nor any other adult was home. She was asked her age and whether the respondents were there. The process server was at the subject premises "no more than 2 minutes" and he left the papers with the 13 year old. The "work order" of the process server provides that the last day to serve was January 12, 2024; and that for service to be valid upon a responsible person of suitable age and discretion the minimum age is 16 years old.
The case had been noticed to be heard on January 22, 2024, and the respondents did not appear.
The affidavit of service provides that the papers were delivered on January 12, 2023, and the testimony was that that date was an error, that the date was meant to be January 12, 2024.