UPDATED: Ayla Reynolds Father Being Served By Publication…What is Next?
UPDATED: According to centralmaine.com the notifications will start April 2 then run April 9 and April 16. I found it on the front page of the classified section of the Morning Sentinel. I also found it online from centralmaine.com...here is the text of the notice from the online search engine at centralmaine.com:
April 2, 2019
STATE OF MAINE SUPERIOR COURT Cumberland, ss Docket No. CV-18-566 TRISTA REYNOLDS, Personal Representative for the Estate of AYLA REYNOLDS Plaintiff v. JUSTIN DIPIETRO Defendent ORDER FOR SERVICE BY ALTERNATE MEANS (M.R.Civ. P. 4(g)) This court has reviewed the motion of the plaintiff for service by alternate means.The type of action isone for wrongful death of Ayla Reynolds pursuant to 18-A, M.R.S. Section 2-804. Property or credits of the defendant may be affected, which include personal and real property. The name and address of the plaintiff (or attorney) if known: William H. Childs, Esq., 1321 Washington Av., Suite 204, Portland, ME 04103. The Moving Party has demonstrated: 1. Due diligence in attempting to obtain personal service of process prescribed by M.R. Civ. P. 4. 2, The address of the party to be served is: unknown and cannot be ascertained by reasonable diligence 3. The requested method of service is reasonable calculated to provide actual notice of the pendency of the action to the party to be served and is the most practical manner of effecting notice of this suit. It isORDEREDthat Service be made upon the other party by: Leaving a copy of this Order, and summons and complaint at the defendant's dwelling house or usual place of abode located at the Defendant's last known dwelling house, 19746 Lull St., Winnetka, CA 91306 (a neighborhood within Los Angeles) Publishing a copy of this Order once a week for three (3) consecutive weeks, in the Morning Sentinel, located in Waterville, Maine, a newspaper of general circulation in the county or municipality most reasonably calculated to provide actual notice of the pendency of the actionAND,if the defendant's address is known, mailing a copy of this Order as published to that address. Other alternate means: publishing a copy of this Order once a week for 3 consecutive weeks in the Metropolitan News, a newspaper of general circulation located in Los Angeles, CA. Also, mailing this Order, the summons and complaint by certified, RRR and regular U.S.P.S. mail delivery to Justin DiPietro, c/o Phoebe DiPietro, Defendant's mother, at her current residence of 29 Violette Avenue, Waterville, Maine 04901 AND by mailing a copy of this Order, the summons, and the complaint by both certified mail, RRR and by regular mail to Justin DiPietro, 19746 Lull Street, Winnetka, CA 91306. Adequate safeguards shall be used to assure that service by alternate means can be authenticated and will be received intact, with all relevant documents and information. It isFURTHER ORDEREDthat the party being served appear and serve an answer to the complaint to theserving partyat the address listed above. The answer must be filed with the court within twenty-one (21) days of service. If service is made by publication in a newspaper, the answer must be filed with the court within forty-one (41) days after the first publication in the newspaper.Failure to serve an answer will cause judgment by default to be entered, granting relief sought in the complaint. Date: March 18, 2019 Honorable Thomas D. Warren Judge/Justice
ORIGINAL STORY: Justin DiPeitro is going to be served...one way or another.
According to WABI, legal notices will be posted for three Fridays in the Morning Sentinel and in newspapers in California as an alternative way to serve DiPeitro in the wrongful death lawsuit that has been filed against him in the disappearance of his 20-month-old daughter Ayla Reynolds from the family home in Waterville on December 17, 2011. DiPeitro, who now lives in California, has not found to serve the paper in person, and they have been trying!
According to the SunJournal.com, DiPeitro has 41 days to answer. If he does not answer, the wrongful death suit, a civil case, will move ahead and this will give the lawyer for Ayla's mother, Trista, the opportunity to move ahead and depose witnesses.
They will also continue to try and find him. What happens if they don't find him and he does not answer? This is what the SunJournal.com story had to say:
The court order, signed by Cumberland County Superior Court justice Thomas D. Warren, says DiPietro must file an answer to the order with the court within 41 days after the first publication in the newspaper.
“Failure to serve an answer will cause judgment by default to be entered, granting relief sought in the motion or complaint,” it says.
Interesting. So what we know for sure is:
-The Maine State Police have stated they believe Ayla is dead.
-The courts have declared Ayla is dead.
-Her body has not been found.
-No criminal charges have been filed in the case.
We shall now wait and see...