Justice Howard H. Heckman Jr.

Plaintiff moved for default judgment on its foreclosure complaint and to have a referee appointed to compute the sums due and owing on the mortgage. Defendant cross-moved to dismiss the complaint. In support of his cross-motion, defendant asserted that he was not personally served with the summons and complaint and that the action had to be dismissed for lack of personal jurisdiction. Defendant further argued that plaintiff's delay in prosecuting the action should result in the action being dismissed as abandoned, alleging that he had been prejudiced by plaintiff's delay. In response, plaintiff argued that the affidavit of service was evidence that defendant was properly served and that he was not prejudiced by any delay since he continued to reside at the property without paying mortgage. The court granted plaintiff's motion and denied defendant's motion, ruling that defendant had failed to overcome the presumption created by the affidavit of service. Moreover, the court found that the case had remained active, rendering plaintiff's motion to restore moot. Finally, the court ruled that plaintiff had submitted sufficient evidence to entitle it to default judgment.