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Question
In an action filed in the Regional Trial Court, the sheriff cannot locate the defendant at the last known address. After due attempts to serve the original summons, the clerk issues alias summons directed to the defendant, to be served by publication in a newspaper of general circulation and by posting at the defendant's last known residence and at the defendant's place of business, if any. The alias summons is published on two dates, and a sworn process-server’s return states that copies of the alias summons were posted at the gate of the defendant's last known residence on May 2 and at the entrance of the defendant's place of business on May 4, and remained posted for 9 days at the residence and 7 days at the business location. A certificate of publication is attached. The defendant did not appear, and a default judgment was entered. The defendant moves to set aside the judgment on the ground that alias summons was not properly proven. (a) Identify the controlling rule and the proof required for a valid service of alias summons. (b) Based on the facts, has the alias summons been properly proven and did it confer jurisdiction over the defendant? Explain. (c) If the service is defective, what remedies are available to challenge or cure the judgment?