Wesley Township (ECWd) –
On March 2, 2020, Motion Hearing for an Alias Summons in the frivolous lawsuit former appointed Wesley Township Road Commissioner John Norton filed against several people, Norton was asked, once again, what he had done to effectuate service on the remaining defendants.
During Norton’s previous attempt at alternative service, he lied when he told the judge that “they are all avoiding service.” That Motion was denied and Norton was instructed that he must provide an affidavit listing everything he did to attempt service on the defendants.
He couldn’t be truthful and simply say “Nothing” – but instead chose to lie to the judge again with this (transcript below):
The Court: “Have you served any of these other defendants”
Norton: “No. They’ve all been avoiding service which they have a history of doing this.”
The Court then tells him again that there is no affidavit or sworn statement and his Motion is denied.
There is no possibility of a defendant avoiding service if no service was ever attempted. Norton issued one summons and he delivered that one summons to the Will County Sheriff for service on Leonard McCubbin. Norton has never issued a summons on the remaining defendants and he never delivered any summons to the Sheriff for service on the other defendants. Therefore, no “avoiding of service” could have ever occurred, and the defendants certainly have no history of avoiding any service of any kind.WC3-2-20 NORTON vs. MCCUBBINS-signed