Court Order

Court Order PREPARED BY THE COURT --------------------------------------------- : SUPERIOR COURT OF NEW JERSEY : PASSAIC COUNTY / CHANCERY DIVISION BEVERLYN CODNER SCOTT : FAMILY DIVISON : : Plaintiff : : DOCKET NO. FM-16-000304-26 v. : : CIVIL ACTION : : LEON DESMOND GORDON : SCOTT : ORDER Defendant : : --------------------------------------------- THIS MATTER having been brought to the Court on application by way of Motion by Plaintiff, BEVERLYN CODNER SCOTT, pro se, to Reinstate Complaint for Divorce and for Substituted Service via publication, and Defendant, LEON DESMOND GORDON SCOTT, pro se, not having received notice or filed opposition; and the Court having read and considered the pleadings filed herein; and for good cause shown; IT IS on this 16th day of June 2026 ORDERED THAT; 1. Plaintiff's request to Reinstate Complaint for Divorce is hereby GRANTED; Pursuant to R. 1:13-7(a): "[W]henever an action has been pending for four months…without a required proceeding having been taken therein as hereafter defined in subsection (b), the court shall issue written notice to the plaintiff advising that the action as to any or all defendants will be dismissed without prejudice 60 days following the date of the notice…action specified in subsection (c). If no such action is taken, the court shall enter and order of dismissal without prejudice as to any named defendant and shall furnish the plaintiff with a copy thereof. After dismissal, reinstatement of an action against a single defendant may be permitted on submission of a consent order…provided it as accompanied by the answer for filing, a case information statement, and the requisite fee." FILED Superior Court of New Jersey June 16, 2026 Hon. Nadia Kahf, J.S.C. "If the defendant has been properly served but declines to execute a consent order, plaintiff shall move on good cause shown for vacation of dismissal…The motion shall be granted on good cause shown if filed within 90 days of the order of dismissal, and thereafter shall be granted only on a showing of exceptional circumstances." In the matter presently before the Court, Plaintiff filed her Complaint for Divorce on 05/21/2025. This matter was administratively dismissed on 11/22/2025, pursuant to R. 1:13-7(a). Plaintiff filed this Motion to Reinstate and for Substituted Service on 2/2/2026. 2. ORDERED that the Plaintiff's request to serve Defendant by substituted service is hereby GRANTED; and it is further 3. ORDERED that, pursuant to R. 4:4-5(a), Defendant shall effectuate substituted service by way of publication in a newspaper published of general circulation in the county in which venue is laid; and it is further 4. ORDERED that within 30 days of the date of this Order, the Plaintiff shall publish a copy of this Order providing a notice of the filing of the divorce complaint in The Herald, a newspaper with circulation in Passaic County, New Jersey; and it is further 5. ORDERED that proof of publication by way of affidavit of publication from said newspaper shall be filed with the Court within 20 days of the date of said affidavit; and it is further 6. ORDERED that within 35 days of the date of filing of the affidavit of publication with the Court, the Defendant shall serve upon the Plaintiff, either (1) a written appearance in accordance with R. 5:4-3(a) or (2) an answer to the Complaint within 35 days of the publication and that if the Defendant fails to answer or file a written appearance in accordance with R. 5:4-3, judgment by default may be rendered against the Defendant for the relief demanded in the complaint; and it is further 7. ORDERED that (1) if the Defendant is unable to obtain an attorney, that the Defendant may contact the Lawyer Referral Service of the County of Passaic by calling (973) 345-4585 and further that if the Defendant cannot afford an attorney, the Defendant may contact Northeast New Jersey Legal Services by calling (973) 523-2900; and (2) the Defendant shall promptly file the answer or written appearance and proof of service thereof in duplicate with the Clerk of the Superior Court, Passaic County Courthouse, in Paterson, New Jersey in accordance with the rules of civil practice and procedure; and it is further 8. ORDERED that service upon the Defendant by other special substituted service is hereby dispensed within this action; 9. This Order addresses and concludes all the issues in this Motion. 06/16/2026 Date Hon. Nadia Kahf, J.S.C. June 22 2026 LNYS0541228 $86.68