Write the issue, rule, argument, conclusion. For each rule, write the sentences from the facts that support or do not support those elements:

Element 1: Under the federal rules any person who is not a party to the lawsuit and is at least 18 years of age can effect proper service. What facts point to the notion that the Phil can effect proper service? Write those exact sentences here.

Element 2: Alternatively, the plaintiff may request that a representative from the United States

Marshall's office carry out service. Show that Len still needed or did not need a United States

Marshall to carry out service? Make an inference here based on what you know about Element 1.

Element 3: Proper service is completed when the defendant accepts the summons. Show that Wanda accepted or did not accept the summons from Phil (show what led up to this such as what took place from the moment he arrived at her doorsteps). Write those exact sentences here.

Element 4: Otherwise, the summons must be nailed to the door and then mailed.

Show if Phil nailed the summons to the door and if he mailed it? Write those exact sentences here.

Dan and Wanda were married in 1995. In January 2000, Dan had his lawyer, Len, prepare a will for him. The will named Eric, Dan's brother, as executor and provided that Dan's net estate would be divided equally between Wanda and Eric. Under Len's supervision, Dan executed the will, which was witnessed by Kit and Wit. Dan died in January 2004, survived only by Wanda and Eric. Al the time of his death, Dan's estate consisted of $500,000 in a savings account in his name alone at B Bank. Wanda was aware of the account. On behalf of Eric, Len filed Dan's will and a petition for probate with the Surrogate's Court. The court then issued a citation to be served on Wanda. Len hired Phil, a process server, to serve Wanda with the citation. Phil went to Wanda's house and knocked on the front door. Wanda opened the door slightly and asked Phil who he was. When Phil announced that he was a process server with a citation to serve, Wanda slammed the door shut and said she would not accept the citation from him. Phil then taped the citation to the front door, yelled to Wanda that he had done so, and left the premises. Phil took no further steps to serve Wanda. Wanda moved to dismiss the petition on the ground that the court lacked personal jurisdiction over her. After a hearing at which Phil and Wanda testiied, the court (1) denied her motion. Service of Process Rule Under the federal rules, any person who is not a party to the lawsuit and is at least 18 years of age can effect proper service. Alternatively, the plaintiff may request that a representative from the United States Marshall's office carry out service. Proper service is completed when the defendant accepts the summons. Otherwise, the summons must be nailed to the door and then mailed