Abbington Trace Condominium Association v. McKeller
55 N.E.3d 104
Ill. App. Ct.2016Background
- Abington Trace Condominium Association sued Christine McKeller in forcible entry and detainer for unpaid condo-related charges; summons allegedly served in April 2013.
- Process server John Paciga filed an affidavit claiming substitute service: he left the summons at McKeller’s usual abode in Plainfield with "Marlene Szafranski," described as a family member or resident, and mailed a copy to McKeller.
- McKeller did not appear and a default judgment was entered in May 2013; in 2015 she moved to quash service and vacate the judgment.
- McKeller (as Christine Flaherty) submitted an affidavit and documentary evidence showing Szafranski previously owned the property and that title had changed, and she denied Szafranski was her mother or a household member.
- At an evidentiary hearing the process server testified Szafranski answered the door and identified herself as McKeller’s mother and a resident; McKeller did not testify. The trial court credited the server and denied the motion to quash.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service by substitute service at defendant’s usual place of abode was valid (personal jurisdiction) | Process server’s affidavit and testimony establish substitute service on a household member per statute | Defendant’s affidavit and records show Szafranski did not reside at or belong to defendant’s household; facts within defendant’s unique knowledge | Trial court’s credibility finding for the server was not against the manifest weight of the evidence; motion to quash denied; judgment affirmed |
Key Cases Cited
- Nibco, Inc. v. Johnson, 98 Ill. 2d 166 (supreme court’s standard that affidavit of service on issues within server’s personal knowledge can be rebutted only by clear and satisfactory evidence; credibility is for trial court)
- State Bank of Lake Zurich v. Thill, 113 Ill. 2d 294 (strict compliance required for substituted service; less presumption of validity than personal service)
- Mugavero v. Kenzler, 317 Ill. App. 3d 162 (discusses standard of review for motions to quash service)
- TCA Int’l, Inc. v. B & B Custom Auto, Inc., 299 Ill. App. 3d 522 (trial court must resolve factual disputes about personal jurisdiction via evidentiary hearing)
- Clinton County v. Eggleston, 78 Ill. App. 3d 552 (distinguishable: server’s testimony failed to address key allegations, so service was quashed)