IRAC Writing Assignment, Chapter 3
1. Case Name, Citation, and Court
Peoples Trust Company of Bergen County v. Kozuck
98 N.J. Super. 235, 236 A.2d 630, N.J. Super. Lexis 389 (1967) Superior court of New Jersey, Law Division 2. Key Facts
A. Peoples Trust Company of Bergen County is a bank located in New Jersey. B. Saul and Elaine Kozuck, husband and wife, signed a promissory note with Peoples Trust Company. The Kozucks contend the due date was improperly filled in by the bank. C. Peoples Trust Company brought suit against the Kozucks regarding the promissory note. D. A process server attempted to serve the Kozucks the summons and complaint from Peoples Trust. E. The process server made personal contact with Mrs. Kozuck and informed her that he was there to serve a summons and complaint from Peoples Trust Company. F. Mrs. Kozuck first acknowledged her identity, then later denied it once she was told by the process server that he was there to serve a summons and complaint. Ms. Kozuck then refused to answer the door. The summons and complaint was left on the stoop by the process server. 3. Issue
By leaving the summons and complaint on the stoop by the server, was the defendant, Mrs. Kozuck, properly delivered a “personally” served summons and complaint document according to the meaning of the rules and regulations governing the courts of the state of New Jersey. 4. Rule
The rules and regulations governing the courts of the state of New Jersey, R.R. 4:4-4(a), provides that service me be made upon an individual “by delivering a copy of the summons and complaint to a person personally; or by leaving a copy thereof at his dwelling house or usual place of abode with come competent member of his family of the age of 14 years or over then residing therein…”. 5. Analysis
The New Jersey Superior Court held that:
A. Personal service was made to Mrs. Kozuck.
B. When a summons is offered to someone, he cannot avoid...
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