Monday, December 8, 2014

Another Recent Lamp v. Heyman Service of Process Case


In his recent decision in the case of Fritzinger v. Duhart, PICS Case No. 14-1850 (C.P. Monroe Co. Nov. 6, 2014 Zulick, J.), Judge Arthur Zulick of the Monroe County Court of Common Pleas granted a Defendant’s Preliminary Objections and dismissed the Plaintiff’s Complaint in a personal injury action where the Plaintiff failed to make a good faith effort to perfect service of a Writ of Summons upon a Defendant.  


Judge Arthur Zulick
Monroe County
According to a summary of the Opinion, the Plaintiff commenced this automobile accident litigation with a Writ of Summons on November 20, 2012.   This action was filed within the statute of limitations.   The court noted that the docket did not reflect any attempt to serve the Writ of Summons at that time.  

The court also noted that there is no evidence of any effort by the Plaintiff to serve the Writ upon the Defendant until after new counsel entered an appearance 19 months later on June 6, 2014.  

Relying upon the Pennsylvania Supreme Court decision in the case of Lamp v. Heyman, the court found that there was no indication that the Plaintiff’s first counsel acted in attempting a good faith effort to serve the Writ.   Since the failure to serve the Writ evidenced an intention to stall the judicial machinery as prohibited by the Pennsylvania Supreme Court in Lamp v. Heyman, Judge Zulick granted the Defendant’s Preliminary Objections and dismissed the Plaintiff’s Complaint.  

 
Anyone desiring a copy of this Opinion may contact the Pennsylvania Instant Case Service of the Pennsylvania Law Weekly by calling 1-800-276-7427 and providing the above-referenced PICS case number and paying a small fee.  

 

Source:  Pennsylvania Law Weekly Digest of Recent Opinions (November 25, 2014).  
 
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