D'Elia v. D'Elia

D'Elia v. D'Elia PREPARED BY THE COURT JULIA D'ELIA, v. Plaintiff, SCOTT A. D'ELIA, Defendant. SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION:FAMILY PART BERGEN COUNTY DOCKET NO.: FM-02-2345-25 CIVIL ACTION ORDER THIS MATTER, having been opened before the Court by way of Motion filed by Plaintiff, JULIA D'ELIA, represented by Michael A. Gannaio, Esq., and on notice to Defendant, SCOTT A. D'ELIA, self-represented; and the Court having considered Plaintiff's submissions and certifications; and having determined that Plaintiff has satisfied her burden to conduct a diligent inquiry pursuant to Rule 5:4-4(c); and for good cause shown; IT IS ON THIS 7th day of NOVEMBER 2025; 1. ORDERED that the Plaintiff's request to effect service of process of the Summons and Complaint for Divorce by substituted service is hereby 1 GRANTED.1 Plaintiff shall effectuate service of process on Defendant by way of publication; and it is further 2. ORDERED that within 20 days of this Order, Plaintiff shall file a notice of filing of the Complaint in The Bergen County Record, a newspaper circulated in Bergen County; and it is further 3. ORDERED that the affidavit of publication of the notice as set forth above shall be filed with the Court within 14 days of the date of receipt of the affidavit from the newspaper; and it is further 4. ORDERED that within 35 days of the date of the filing of the affidavit of publication with the Court, the Defendant shall serve upon Plaintiff whose name appears above, either (1) a written appearance in accordance with 1Statement of Reasons New Jersey Court Rule 5:4-4(c)(1) allows service by way of publication if after a diligent inquiry the adverse party cannot be located. New Jersey Court Rule 5:4-4(c)(2) mandates certain efforts to satisfy the diligent inquiry requirement including "as appropriate, inquiries to the relatives and last known employers of the person, the U.S. Postal Service, the NJ Motor Vehicle Commission or the motor vehicle agency of the State where the person was last known to be living, and the United States Department of Defense." On June 19, 2025, the Summons and Complaint for Divorce were emailed to Guaranteed Subpoena Service Inc., for personal service upon the Defendant. On July 17, 2025, Guaranteed Subpoena Service, Inc., informed Plaintiff that Defendant was evading service. See Ex. A of Plaintiff's moving Certification. The process server attempted to serve Defendant on the following dates: June 12, 2025, June 13, 2025, June 19, 2025, June 24, 2025, June 26, 2025, June 30, 2025, and July 2, 2025. See Ex. A of Plaintiff's moving Certification. On July 30, 2025 Plaintiff sent a letter certified and regular mail to the Defendant. The certified mail was returned "unclaimed." See Ex. B of Plaintiff's moving Certification. Plaintiff also obtained a Status Report pursuant to the Servicemembers Civil Relief Act on September 30, 2025 which indicated that the Defendant is not active in any branch of the uniformed services. See Ex. C of Plaintiff's moving Certification. This Court finds that Plaintiff has made a reasonable and good faith attempt to serve the Complaint for Divorce on Defendant via personal service and via mailed service. Therefore, Plaintiff's request to serve the Summons and Complaint for Divorce by publication is hereby granted. 2 R. 5:4-3(a), or (2) an Answer to the Complaint within 35 days of date of publication; and that if the Defendant fails to answer or file a written appearance in accordance with R. 5:4-3(a), judgment by default may be entered against the Defendant for the relief demanded in the Complaint; and it is further 5. ORDERED that if the Defendant is unable to obtain an attorney, the Defendant may communicate with the New Jersey State Bar Association by calling toll free 800-792-8315; that the Defendant may contact the Lawyer Referral Service of Bergen County by calling (201) 488-0044; that if the Defendant cannot afford an attorney, the Defendant may communicate with the Legal Services Office of Northeast New Jersey by calling (201) 487-2166; and it is further 6. ORDERED that the Defendant shall promptly file the Answer or written Appearance and proof of service thereof in duplicate with the Clerk of the Superior Court, Chancery Division, Family Part, Bergen County Justice Center, 10 Main St., Hackensack, NJ 07601, in accordance with the rules of civil practice and procedure; and it is further 7. ORDERED that a copy of this Order is served to the parties via email. ___________________________ HON. JULIE LEE KIM, J.S.C. December 5 2025 LNYS0417649 $71.28