Accessible: Wayne-County-Domestic-Relations-Form-48.pdf
IN THE COURT OF COMMON PLEAS, WAYNE COUNTY, OHIO
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1 IN THE COURT OF COMMON PLEAS, WAYNE COUNTY, OHIO _________________________ Plaintiff Case No. __________________ vs. MOTION FOR SERVICE BY POSTING ________________________ Defendant Now comes _______________________ _____, the plaintiff herein and makes a motion to have the defendant served by posting pursuant to Rule 4.4.(A)(2) of the Ohio Rules of Civil Procedure. See supporting affidavit attached. _____________________________ (Signature of party filing motion) ______________________________ Plaintiff (print name) Dated: _______________________
2 Affidavit of __________________________ being duly sworn do state the following: 1. I am the plaintiff herein. 2. The action that I have filed is a divorce /annulment / legal separation. (circle one) 3. I am proceeding in forma pauperis as indicated by the application and affidavit of indigency that I have filed/that is attached. I do not know the address of the defendant. I cannot obtain it through the use of reasonable diligence. 4. The reasonable diligence I have taken includes the following: ___ I have checked the phonebook ___ I have checked the city directory ___ I have checked county records ___ I have inquired of former neighbors ___ I have inquired of the defendant’s relatives ___ I have inquired of the credit bureau ___ I have made other efforts to ascertain the defendant’s current address as follows: _________________________________________________________________ ___________________________________________________ 5. The defendant’s last known address is __________________________ __________________________________________________________ STATE OF OHIO, COUNTY OF WAYNE: ______________________________, being duly affirmed, says that the fact s stated in the above application are true as he/she verily believes. _____________________________ Signature Affirmed to before me and subscribed in my presence this ______ day of _________, _ ____. _____________________________ Notary Public
3 IN THE COURT OF COMMON PLEAS, WAYNE COUNTY, OHIO __________________________ Case No. _______________ Plaintiff _________________, Magistrate vs. ORDER OF MAGISTRATE ___________________________ Defendant It is hereby ordered that the Clerk =s Office shall complete service by posting as follows: 1. Post a notice in a conspicuous place in the Wayne County Courthouse, 107 W. Liberty Street, Wooster, Ohio 44691. 2. The notice shall contain the name and address of the court, the case number, the name of the first party on each side, and the name and last known address, if any, of the person or persons whose residence is unknown. The publication also shall contain a summary statement of the object of the complaint and demand for relief, and shall notify the person to be served that he or she is required to answer within twenty-eight days after the last date of posting. 3. The notice shall be posted for six successive weeks. 4. The clerk shall also cause the complaint and summons to be mailed by ordinary mail, address correction requested, to the defendant=s last known address. The clerk shall obtain a certificate of mailing from the USPS. If the clerk is notified of a corrected or forwarding address of the defendant within the six-week period that notice is posted, the clerk shall cause the complaint and summons to be mailed to the corrected or forwarding address. The clerk shall note the name, address, and date of each mailing in the docket.
4 5. After the last week of posting, the clerk shall note on the docket where and when notice was posted. Service shall be complete upon the entry of posting. IT IS SO ORDERED. ___________________________ Magistrate Dated: ________________________