John K. Welch, Judge
ORDER
AND NOW, this 7th day of November, 2016, after considering Plaintiff's Motion for Default Judgment, IT IS HEREBY ORDERED that the Motion is DENIED. Plaintiff has failed to satisfy Delaware Court of Common Pleas Civil Rule 4(h), which states:
In an action in which the plaintiff serves process pursuant to 10 Del.C. § 3104 or § 3113, unless otherwise directed by the Court, the affidavit of the plaintiff or the plaintiff's attorney declaring the defendant's nonresidency and the manner in which service of process was made shall be filed with the Court within 10 days of the plaintiff's receipt of proof of any such service on the nonresident together with the proof of service.
In reference to Plaintiff's service by certified mail, Plaintiff failed to present this Court with a signed receipt from Defendant proving Defendant received the service by mail. Further, in reference to Plaintiff's service by special process server, Plaintiff failed to file the process server's affidavit within the allotted ten days. The Plaintiff received the process server's
affidavit on May 3, 2016, but did not file it with this Court until June 9, 2016. Therefore, Plaintiff has not properly served Defendant.
Del. Com. Pl. Civ. R. 4; see also Atterol, Inc. v. Wingart, 2003 WL 23281974, at *3 (Del. Com. Pl. Dec. 3, 2003) (Failure to comply with the 10 day requirement constitutes a failure in complying with the rules governing service).
FURTHERMORE, on this 7th day of November, 2016, Plaintiff's case IS HEREBY DISMISSED WITHOUT PREJUDICE. Plaintiff neither properly served Defendant within one-hundred and twenty days under Delaware Court of Common Pleas Civil Rule 4(j), nor did Plaintiff show good cause why service was not perfected. Thus, Plaintiff's case should be dismissed.
Del. Com. Pl. Civ. R. 4. --------
IT IS SO ORDERED.
/s/_________
John K. Welch, Judge cc: Ms. Tamu White, Civil Case Manager