Today in what appears to be a first in Australia and perhaps the world, Master Harper of the ACT Supreme Court ordered that a default judgement could be served on defendants by notification on Facebook.
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Monday, December 15, 2008
Australia Says Some Documents Can Be Served via Facebook
Today in what appears to be a first in Australia and perhaps the world, Master Harper of the ACT Supreme Court ordered that a default judgement could be served on defendants by notification on Facebook.
Thursday, December 11, 2008
Arizona Photo Enforcement Ticket Not Valid Until Served
The answer: Nothing.
Literally. Chuck it in the trash.
It's perfectly ethical -- just look at the ticket's fine print. You see, for photo enforcement citations to be valid, the state Supreme Court rules say it has to be properly served to you. And the U.S. Mail won't cut it. So, the ticket asks you to sign a waiver of your right to proper service and mail it back to the authorities.
Monday, December 01, 2008
Grand Jury Indicts Man Shot Twice By Process Server
The grand jury, however, did not indict the process server, a former Kent town police officer and ex-Kent councilman.
The grand jury returned a four-count indictment against shooting victim Douglas Greenwich, 53, but did not indict Dennis Illuminate, 67.
Wednesday, November 26, 2008
Ex-Helmshore Councillor Fined for Attacking Process Server
Process server Steven Baldwin, of Burnley, had been hired by Rossendale Council last May to serve a court order prohibiting Noel O’Brien from attending council meetings or going into council offices.
But while Mr Baldwin tried to serve the injunction on 57-year-old O’Brien, at his home in Mercer Crescent, Helmshore, he tried to slam the door in his face, Preston Magistrates Court heard.
Monday, November 24, 2008
Woman Being Served Chases Down Family, Process Server in Hummer
Tuesday, November 18, 2008
Judge Bans Process Server Stokes and Levin
Attorney General Martha Coakley’s office announced that it had convinced Suffolk Superior Court Judge Bruce R. Henry to prohibit Stokes & Levin from acting as a process server, advertising legal process services, accepting money for serving legal papers, and forming another legal process business or operating under a different name.
Monday, November 03, 2008
Peekaboo Plaintiff Hard on Process Servers
David Dias, property owner at 3350 Tea Rose Drive, is in court over an unapproved retaining wall and commercial-vehicle parking.
Or rather, he isn’t.
Dias was a no-show at an Oct. 16 court hearing.
“We’ve had trouble serving him,” said Wayne Lowery, district general manager. “He’s not answering his door.”
Dias’ case-management hearing Oct. 16 was continued until Dec. 17.
“The court continued it 60 days to give us time to serve him, and for him to respond to the service,” Lowery said.
In January 2007, the district first notified Dias of the covenant violations.
“You are hereby required to stop work immediately,” the CSD letter said of the retaining wall project. “You are also required to submit a Property Improvement Application to the Design Review Committee.”
Monday, October 27, 2008
Process Server Helps Plan 50th High School Reunion
That's not exactly the case in the Inland Valley as more and more local high schools are rounding up old classmates and celebrating their memories. Still, the recent reunion of the Upland High School Class of 1958 was pretty special.
For the once-young students in that 250-member class, it was more than just remembering graduation. That class was the very first one at the Foothill Boulevard school and because of that, those students were in on the ground floor of creating a proud legacy - everything from selecting the school's colors (green and white) to picking its mascot (Highlanders) to deciding on a poignant alma mater.
Jeanette Amberson, a member of the class, wrote the school song at home seated in front of her piano because, she said, somebody had to.
So when the reunion committee started taking the bull by the horns in May, it wasn't surprising that the Class of 1958 rose to the challenge, again.
Thursday, October 23, 2008
Verdict Reached But Not Released in Court Case Involving State's Attorney, Process Server, and Gun
The jurors were considering whether or not to indict James on charges of unlawful use of a weapon and official misconduct.
Union County State's Attorney Allen James is accused of unlawfully pulling a gun on a man trying to serve him a summons.
A verdict has been reached in this case, but the acting prosecutor-- Wayne County State's Attorney Kevin Kakac-- is keeping that decision sealed.
Allegations against Allen James stem from an incident that happened last March in the parking lot outside the Union County courthouse.
Tuesday, October 21, 2008
Union County State's Attorney Passes Polygraph Over Process Server
James said he recently took two voluntary polygraph tests in an effort to prove his innocence against allegations that he knowingly pointed a .380 semi-automatic handgun at a man attempting to serve him with a federal subpoena earlier this year.
Christopher Dees, an investigator working for a private company, contends he was attempting to serve James with a subpoena regarding a lawsuit filed by a former state's attorney's office employee the morning of March 19. As Dees approached James, in the parking lot of the Union County Courthouse, James allegedly pulled the gun and pointed it at him, Dees contends.
Dees filed his complaint with the Illinois Attorney Registration & Disciplinary Commission (ARDC) on Sept. 9.
James said he doesn't deny carrying the concealed weapon or pointing it at the private investigator, however, he denies having prior knowledge of who Dees was or why he was approaching.
The polygraph test was conducted by Dennis Smith of Herrin, who recently retired from the Illinois State Police.
"He is the person we would send people to and we trusted him," James said. "So, if we trusted him from the prosecutor's standpoint then I might as well trust him from the other side, as well."
Monday, October 13, 2008
Woman Pulls Gun on Process Server
According to the report from the Oakland County Sheriff's Office Lyon Substation, the 33-year-old Warren man approached the home in the Country Estate Mobile Home Park and the woman came to the door with a gun.
The man said he was about four-to-five feet away from the woman and put his hands in the air while she held him at gun point. He told her he was a process server and she motioned him to put the papers on the deck. He then asked her to sign then, which she refused to do.
Friday, September 26, 2008
Bollywood Star Fined for "Dogged" Defiance
Not only that, Justice Maharaj Sinha rejected her application seeking to take defence in a damage suit pending before the court against her. The court observed that the application was not made truthfully. Mukherjee was directed to pay the fine by November 11.
Swastika was married in 1998 to Pramit Sen, younger son of Rabindrasangeet exponent, the late Sagar Sen. Anwesa, the couple's daughter, was born in 2000. In June that year, Swastika left her in-laws' house and lodged a complaint against her husband and his elder brothers - Pritam and Priyam - with Jadavpur police under Section 498A IPC.
The Sen brothers were discharged of allegations of physical and mental torture against Swastika by an Alipore court in 2005.
Congressional Candidate Moonlighting as Process Server
James, an avowed libertarian challenging Democrat Donna F. Edwards in Maryland's 4th Congressional District, agreed to help a group called We the People serve papers in a lawsuit challenging the not-yet-passed $700 billion Wall Street bailout plan as unconstitutional.
James has been warning for months about the possibility that massive debt could bring down the American financial system, as he and Edwards ran against one another in a June special election to replace longtime incumbent Rep. Albert R. Wynn. Edwards won that contest for the Prince George's and Montgomery district, with more than 80 percent of the vote.
James believes the financial market crisis proves his point.
Thursday, September 25, 2008
Bankruptcy Judges to Rewrite Mortgages?
The goal is to allow homeowners facing foreclosure to seek a reduction in their mortgage debt when they file for bankruptcy. Some analysts say it makes no sense to spend billions of taxpayer dollars to buy toxic mortgages without also extending aid to households at risk of losing their homes.
“Right now the pain is with people who are having difficulty making their mortgage payments, and that is a leading reason why people would go down the bankruptcy route,” said Paul Leonard, director of the California office of the Center for Responsible Lending.
Groups that counsel people facing foreclosure long have complained that banks and loan servicers are slow to respond to requests for loan modifications. Consumer advocates hope that if bankruptcy judges are given the ability to compel lenders to reduce debt, consumers will have more negotiating clout.
Thursday, September 18, 2008
Former Kenyan Official Finally Served Papers
Process servers George Kibe and Michael Kioko served Githongo with the papers during tea break at a conference he was chairing organised by the Institute of Economic Affairs at Kenyatta International Conference Centre.
Mr Githongo is now obligated to make an appearance within 15 days in court for the case filed by former Internal Security Minister Chris Murungaru over defamation.
Mr Kibe told The Standard that Githongo politely acknowledged and signed the copies.
Last week, Murungaru filed an application at the Nairobi Law Courts to be allowed to serve Githongo through Times of London, The Guardian, The Standard and Daily Nation newspapers.
He claimed attempts had been made to serve Githongo at PCS Plaza, Strathmore University and Karen during his visit last month but all were in vain.
Process Servers Serving Severance
Instead of taking the severance notice the manager tried to hand to her, the woman ran down the hall yelling: "If I don't see it, you can't fire me."
A few days later, unbeknownst to Mr. Benwick, the hospital manager decided to have a process server deliver the notice. When he caught up to the woman's car at a stoplight and handed her the paper, she drove over his foot.
"That was a really wild, but totally inappropriate, way to tell someone they no longer had a job," recalls Mr. Benwick, chairman of Vancouver executive coaching company R.W. Benwick Associates Ltd.
It's the sort of disaster that can happen if managers aren't sensitive to the emotional impact of delivering the "you're fired" news, Mr. Benwick says.
Monday, September 15, 2008
No Investigation of Sarto, Despite Lawyer's Request
But Carpentersville Police Cmdr. Mike Kilbourne said Friday "there is no active investigation" into whether Sarto committed a criminal misdemeanor on Aug. 19 by reportedly refusing to accept the subpoena from a process server.
Humpfer's attorney, Patrick Crimmins of Brady & Jensen in Elgin, subpoenaed Sarto to testify at a hearing on Humpfer's motion for a new judge in his case. Humpfer claims that Judge James Hallock, who convicted the trustee of domestic battery in a bench trial in March, failed to disclose relationships he has or had with current and former Carpentersville officials.
Monday, September 08, 2008
From Parole to Process Server
The name on the paper belongs to someone Garrett needs to find. The shipyard was the only address his client had for the man. This is the most daunting place Garrett's ever come to do his work, he says.
"I have no idea how to get in, where to go," he mutters to himself, sizing up the colossal fortress of shipbuilding and machinery.
He tries to enter the yard at one gate and is turned away. The same thing happens a little further up the street. Finally he finds the door for an office and walks in.
He proclaims the name of the man on his mind to a receptionist and some empty chairs.
"I'm here to serve him," he says, holding up a stack of legal documents signed by a woman who no longer wants to be the man's wife.ng her entry on board the ship. That was all,” said Botha.
Suspect Charged in Process Server Murder
James Whitler, 45, has been charged in the beating death of Stephen Allen, a 57-year-old process server, the evening of May 28 at Whitler’s residence west of Loveland. Whitler is also charged with two counts of attempted first-degree murder for allegedly choking his children, 12-year-old Amanda and 10-year-old Jacob, when sheriff’s deputies apprehended him at his home.
Friday, 8th Judicial District Judge Daniel Kaup decided enough evidence existed to carry all charges against Whitler to a possible trial after listening to testimony from one of the investigators in the case.
Attorneys for both sides agreed Whitler hit Allen multiple times with a T-ball bat and choked the children, but prosecutors and defense attorneys differed on what Whitler’s mind-set was during the attacks.
Allen was serving Whitler with divorce papers and a restraining order taken out by Whitler’s estranged wife, Lisa Whitler, when he was attacked by Whitler — who hit Allen between 15 and 20 times, Larimer County Sheriff’s Sgt. John Feyen testified.
Tuesday, September 02, 2008
Carpentersville Village President May Face Contempt Citation
Sarto was called to testify in the case of trustee Paul Humpfer, who was found guilty of domestic battery this year.
Sarto could be held in contempt, said Kane County Assistant State's Atty. Elizabeth Miles.
A private investigator said Sarto refused to accept a subpoena when he approached Sarto in the Village Hall parking lot this month, according to a court document.
The investigator, Eric Moskal, said he saw a man arrive in a car, which had a license plate that read, "SARTO," the document said.
Wednesday, August 27, 2008
City Ordered to Serve Notice to Protestors
The city is attempting to have eight protesters found in contempt of court for breaching an injunction prohibiting protests at development sites in the city.
Justice Harrison Arrell said he was concerned that the men could face criminal charges if they were served with warrants and failed to appear in court.
The city's motion asks the court to fine or jail those who are found to have violated the motion and award the city punitive damages.
City lawyer Neal Smitheman said they had successfully served Steve (Boots) Powless and John Garlow. He said Dick Hill refused to accept the court documents, but is aware of the city's motion.
The other protesters named in the action -- Butch Thomas, Clyde Powless, Kevin (Whodat) Isaacs, Dwayne Maracle and Runs Through the Fire -- have not been served.
Friday, August 22, 2008
City Hires Private Process Servers to Serve Property Owners
But serving notice of the citation and the alleged violations officers hope residents will cure before ending up in municipal court has proven to be much more difficult.
During the past eight to 12 months, city officials have been unable to secure the service of 522 citations issued for violations ranging from overgrown yards to maintenance neglect.
City officials say that lack of service can be costly to taxpayers not only aesthetically, but financially as well. In an attempt to “close the loophole” that allows residents to elude responsibilities, officials want to test a pilot program that will allow the city to use a private process server to put property owners on notice of any violations.
City Planner Gary Garvin said code enforcement officers are charged with that responsibility right now. Because code enforcement officers work regular business hours, it is difficult to serve notice to residents who work outside the home.
A process server, Garvin said, not only has the means to secure service during the evenings and weekends, they have the authority to serve notice to property owners who live outside the city limits but within the state. Garvin said 124 of the 522 citations, nearly 24 percent, expected to be included in the proposed pilot program are designated for out-of-town service.
Thursday, August 21, 2008
Justice of Peace Signs Up for E-Filing
Dain Johnson of Precinct 1 is the first justice of the peace in the county to begin using the new filing method, which allows attorneys to go online to file cases seeking up to $10,000.
Johnson said there are a lot of benefits to using the new system. When documents are due, lawyers can file them until midnight. Previously, they had to wait in lines at the courthouse, and they had to go during business hours. Johnson said lawyers can also avoid sending couriers or mailing heavy boxes that could be expensive.
Once a file is entered, court clerks can access it online. The system went online this month.
Wednesday, August 20, 2008
Forclosure Economy Still Keeping Process Servers Busy
Law firms representing lenders, condo associations and, to a lesser extent, homeowners, have been extremely busy with foreclosure cases over the last few months.
Attorneys aren't the only ones who have been busy with foreclosure cases. Process servers, the people who go out and hand-deliver notices of foreclosures and other lawsuits, also have been swamped.
In the last year and a half, the Gissen & Zawyer service firm, for instance, has roughly doubled in size. The company had about 15 process servers 18 months ago, but now it has about 30, said co-owner Sean Zawyer.
Monday, August 18, 2008
Process Server Alerts Police of Possible Meth Lab
Firefighters were called to the house on Lasalle Avenue near Belsay and Lapeer Roads about 4:30 p.m. after a process server, who was evicting someone at the home, called 911 to report hazardous materials in the basement and in a white cube truck parked in the driveway.
Among the chemicals were anhydrous ammonia and ether, chemicals used in the production of methamphetamine.
"If something were to ignite, we'd have a big explosion," said Deputy Burton Fire Chief Ken Gould.
Friday, August 15, 2008
Rugby Player Denies Being Served
Williams, who declared in Saturday's Herald that he was willing to go to jail if necessary over his desire to switch codes, said he felt the same way about the possibility of losing his $1.3 million house at Caringbah after the NSW Supreme Court ruled he could not play for anyone other than the Bulldogs until 2013.
"Like I said before the game, if they think that I should go to jail for doing what I believe in or if they want to take my house, take my car or take whatever for standing up for what I believe in, then so be it," he told the Herald . "I stand by whatever I've done and to me there are bigger things going on in the world today. They [the NRL] should be more worried about what's going on with the game itself than me."
Asked about claims he had been served with legal papers advising of the court injunction after his match for Toulon, Williams said he had not received any court documents.
Process Server Served
Ken Bernstein is suing the Denver process-server company, Checkmate Inc., for hiring Anthony Davis, a convicted felon.
According to the lawsuit, on Sept. 30, 2005, Davis was serving Bernstein with a civil subpoena and after serving it, Davis, now 39, refused to leave.
Monday, August 04, 2008
System Designed to Save Kids Works to Perfection
The Amber Alert system had worked exactly as it was designed. Moments after a Jefferson City radio station aired the alert, a motorist spotted the suspect's car and the alleged abductors were in police custody 40 minutes later.
A Jefferson City man and a Kansas City area woman have been charged in the case.
Officials said locating an abducted child within the first three hours is crucial to the child's recovery - and Amber Alerts can help speed that recovery.
Amber Alerts are voluntary programs among law enforcement and transportation agencies, news media outlets and wireless providers to inform the public about an abducted child.
When a child abduction is reported to a local law enforcement agency, that agency contacts the Missouri Highway Patrol to determine whether the case fits the criteria for an Amber Alert.
Nasser Avoids Official at Mundine Fight
The private investigator who tried to serve controversial adviser Khoder Nasser his court papers required police protection at the Anthony Mundine fight at the Newcastle Entertainment Centre, the Sydney newspaper says.
The newspaper published a photo on Thursday of the investigator but covered his face at the man's request for his own safety.
The investigator who needed protection from two police officers at the fight, told The Daily Telegraph: "I was only trying to do my job, but at the end of the day it was just too dangerous.
Monday, July 28, 2008
Process Server Doesn't Mind Bearing Bad News
Swanson is a process server in Pinellas, Pasco and Hernando counties and will expand to Hillsborough County in a few months. He has been notifying Pinellas residents of their involvement in legal proceedings for 15 years.
His job is to give legal notice to people of a court's jurisdiction over legal matters in which they are involved. That protects them from any surprise legal actions of which they were not aware.
Most of his clients, however, see his service not as protection but as bad news – although Swanson wryly noted, he has discovered some people feel being served with divorce papers is a blessing. Many of Swanson's cases involve matters such as credit card debt, eviction or foreclosure.
Friday, July 25, 2008
Detroit Mayor Confronted Process Server
The process server from the county prosecutor's office, accompanied by a sheriff's deputy, had gone to the home of Kilpatrick's sister, Ayanna, and her husband, Daniel Ferguson, to deliver the subpoena to Daniel Ferguson's cousin, businessman Bobby Ferguson, Sheriff Warren Evans said.
"Mayor Kilpatrick exited the house," Evans said during an evening news conference. "The (sheriff's) officer alleges the mayor pushed him with significant force to make him bump into the prosecutor's investigator."
James Thomas, one of Kilpatrick's lawyers, said the process server asked several questions of Daniel Ferguson. The mayor told the process server that Bobby Ferguson did not live there and twice asked the man to leave, then "gently escorted" him off the porch when he did not.
Thursday, July 24, 2008
Ignore Photo Radar Ticket, Pay Additional FIne
Despite extensive media coverage, some motorists who receive tickets are uninformed, and are facing the consequences. They face a $26 process server fee - even if they attend traffic school - if they did not notify the Magistrate Court of their intentions after receiving a ticket in the mail.
The company that operates the photo-enforcement equipment, Redflex Traffic Systems of Scottsdale, hires process servers.
Wednesday, July 16, 2008
Bad News Is Good News For Them
"It's always a challenge, it's definitely a challenge," she said.
Tammie spends her busy day serving people with a notice to appear in court. She says foreclosures and short sales are through the roof in Hillsborough County.
It seems, these days, business is good for those in the business of delivering bad news.
Man With Shotgun Allegedly Confronts Debt Process Server
Max Berry was arrested on suspicion of felony first-degree assault at the home of his mother, Ruth Berry, at 9406 N.E. 219th St., said Sgt. Mike McCabe with the Clark County Sheriff’s Office.
The process server called 911 at 7:52 p.m., saying he arrived with the papers and Max Berry had fired a shotgun. The server had retreated across the street.
Berry had fired the shotgun near the server, toward a tree stump near busy 219th Street, to get the server to leave the property, McCabe said. No one was injured in the blast.
Monday, July 14, 2008
Judge Dismisses Appeal to Strike Out Poll Petition
Mr. Walter Nyambati Osebe filed an application on February 11, seeking to strike out a petition challenging his election last December as MP for Kitutu Masaba.
Mr Mose Nyambega, a city lawyer and one of the 33 candidates who contested the seat, filed the petition on January 22.
Osebe’s application to cancel the petition was based on two grounds: That he had not been served with the petition and that the petitioner had not complied with the law regarding service of election petitions.
Wednesday, July 02, 2008
ProVest Opens Maryland Office to Navigate New Foreclosure Laws
Process Servers in Demand Due to Economic Conditions
"This is an exciting milestone for our company," said Mike MacDonald, ServeNow.com Brand Manager. "We're now able to offer process servers the opportunity to reach more of their potential clients, and legal professionals an additional place to find local, pre-screened process servers."
Friday, June 27, 2008
Note To Criminals: The Ceiling? Not A Good Hangout
Especially if it can't support your weight. Getting the picture? Yup.
About 6 p.m. Friday, a civilian process server went to the home to serve Pereyra an eviction notice, police said. The server flagged down police who were in the neighborhood, but Pereyra allegedly ignored their commands to come out of the house, police said.
Thursday, June 19, 2008
Surprise! You've Been Served, Mr Mayor
Mayor Ivan Petch usually brings a formal quality to the council meetings and unlike other mayors, he likes to wear the official mayoral chains.
At the June 10 meeting, councilors and staff stood up at 7.30pm for the mayor to enter.
Process Server in Tow Scandal Found Guilty
The case against Vincent Cardinalli, Sr. 65, his son Paul Greer, 31, two other family members and process server Jeffrey Horan arrested on scores of counts of forgery, grand theft and other felony charges has been transferred to a San Jose judge because of the length of time estimated for the preliminary hearing, a process attorneys estimate could take up to six weeks.
Monday, June 09, 2008
ServeNow.com Advertiser Featured on Denver's 9News
Tuesday, June 03, 2008
Violence Against Servers is Uncommon
But rarely does it end in any sort of violence or even murder, as it did for 57-year-old Stephen Allen, the process server whom James Scott Whitler allegedly beat and stabbed Wednesday at Whit-ler’s home west of Loveland.
Steve Carlyle — owner of Front Range Legal Process, which operates out of Fort Collins and Denver — has never heard of such hostility toward a process server.
Judge's Order Baffles Lawyers
The order, signed by Circuit Court Judge Mike Meares on May 10 - a Saturday - ordered attorneys Steve Ogle, president of the Blount County Bar Association; Melanie E. Davis and Robert N. Goddard, both members of the association's Local Rules Committee; and David Black to appear in his courtroom the following Monday at 8 a.m. with any "correspondence to or from the Blount County Circuit or Chancery Courts or any of their judges or clerks about Local Rules."
Process Servers Take a Chance With Each Case
"I'd say with 80 percent of the serves that are done, obviously the people aren't happy, but they accept it and aren't aggressive. Then you get 19 percent that aren't happy and give you (expletives)," said Steve Carlyle, owner of Front Range Legal Process Service LLC.
Steve Wennstedt, owner of Source Investigations LLC in Fort Collins, said he has dealt with a little push here and there, but nothing serious.
Tuesday, May 20, 2008
Economic Downturn is an Upturn for Some
While business may be booming, serving evictions and foreclosures exacts a toll on employers like Ody Eire, who owns Ody's Professional Process, a process server in Lehigh Acres.
"It's pretty sad," she said. "I've served people where I've sat down with them for an hour, telling them it will get better. I've cried with people. It's tough because I'm a female and we're emotional."
Wants Process Server Rules
But a foreclosure notice involving their property at 110 Fulton Ave. - that was either properly served or not - killed those dreams.
Based on his belief that the foreclosure notice was mishandled, state Assemblyman L. Harvey Smith, D-Jersey City, has proposed legislation aimed at regulating process servers.
There are currently no requirements to become a process server.
Did you Hear the One About Buddy Johnson?
And how, later at a deposition, that same elected official couldn't seem to answer dozens of questions about office procedures?
Thursday, April 24, 2008
Oklahoma Process Server Discusses Finding Process Servers to Deliver Court Documents
One of the first things Malan recommends is finding somebody who belongs to a nationally recognized association.
"You want a licensed process server who's bonded, belongs to a professional organization, and does the job full-time," Malan said. "That's the only way you'll get the best service."
House Bill 365 Means New Industry for Process Servers
LawyersandSettlements (LAS): What is a process server and what does your company do?
David Kopel (DK): We are a private process-serving company, where an independent citizen delivers court papers—such as foreclosure notices.
LAS: Isn't that what a sheriff does? What is the difference?
(DK):A sheriff is paid a salary and works 9 to 5. We go anywhere, any day, any time and we get paid when documents are delivered. We pick up the slack.
Friday, April 11, 2008
ProVest Expands as Business Grows
Scott Strady, chief executive officer of ProVest, says an influx of new business is prompting the foreclosure industry to turn to ProVest. In turn, the company is growing rapidly to meet these new demands and corporate expansion is gradually becoming a company pattern with ProVest doubling its space last year alone.