Wednesday, February 2, 2011

FAMILY LAW CAN BE TRAUMATIC

I understand that on occasions a divorce can be a shock, but in most cases it is not surprising event.

I had a Citation with the accompanying Original Petition For Divorce to be delivered to Mr. Killabrew who had not told the wife he had left where he had taken up residence.  Mrs. Killabrew was to deliver their 14 year old son to the father for visitation, in a grocery store parking lot.  I thought my appearing at the exchange location to be the perfect way to serve the papers.  Not so fast process server, the mister does not want the papers!  I parked at a distance and observed Mrs. Killabrew arrive with Junior Killabrew.  When Mr. Killabrew drove up to Mrs. Killabrew’s car, I approached their vehicles in mine.  Mr. Killabrew saw me drive up next to his wife’s car.  Panicked, he drove off without his son.  Seconds later, he abruptly stopped as his son ran across the parking lot to him, and they drove away.

While I am not trained in vehicular pursuit, it was not difficult for me to follow the respondent as he unwittingly led me to his destination.  While I parked, my eyes followed Mr. Killabrew as he entered his apartment at the top of the stairs.  I hauled my six foot three, three hundred pounds up those stairs and knocked on his door. He shouted at me through the door that he had a gun and that I should leave.  I quickly assessed any available place of refuge.  The only apartment at the top of the stairs was the one which contained the shouting angry armed respondent.  There was no place to stand except directly in front of the door.  It was time for me to leave...I spoke in a very strong voice that I was leaving and I did leave.  However, once I got back to my car I called Mr. Killabrew on his cell phone and explained to him that these documents were only divorce papers.  He responded, “I don’t want those things.”  I said “Why not guy?  You are already living with your girlfriend.  Even if you wanted to go back to your wife, I don’t think that is going to happen.”

I additionally explained that he could no longer avoid being served with the Citation.  If I had to write an affidavit to the court explaining that he was avoiding process of service the court could then have me serve him at work or post them on the front door of his apartment.  In any event he would be served and it would a lot easier to just take the papers now.  So Mr. Killabrew said “Ok just come back up to my door” at which time I said “Hell no, you have already threaten to shot me.  I am not coming back up those stairs.”  “You come down to the parking lot.  And if you have anything in your hands or anything bulging in your pockets or any thing stuck in your belt, you will need to watch me very closely as I might accidently run over you with this big ass Cadillac as I am trying to escape.”  He did come down the stairs…. wearing no shirt and his hands held out to his sides.  I hand him the papers through the window, wished him good luck and drove away.  Now why should divorce papers be that traumatic to serve?

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