Thursday, April 21, 2016

Judge Zulick of Monroe County Addresses Service of Process Issues




In the service of process case of Ramos v. Rogosich, PICS Case No. 16-0363 (C.P. Monroe Co. Dec. 10, 2015 Zulick, J.), the court denied a Defendant’s Preliminary Objections and found that the Plaintiff had made a good faith effort to obtain service on the Defendant in a slip and fall case.

According to the Opinion, the Plaintiff was allegedly injured in a slip and fall on October 13, 2009. 

The Plaintiffs filed a Writ of Summons on October 5, 2011, which was shortly before the expiration of the statute of limitations.  The Plaintiffs attempted to serve the Defendant through the Sheriff’s office but was unsuccessful.  The Plaintiffs asserted that the address they provided to the Sheriff was the same address that the Plaintiffs used to mail rent checks to the Defendants during their tenancy on the premise. 

Several months later, the Plaintiff reissued the Writ on March 21, 2012.   No Return of Service of the Writ was filed by the Plaintiffs until the Plaintiff’s attorney filed an Affidavit of Service on June 22, 2015, which included a return receipt signed by the Defendant dated March 23, 2012, which was two (2) days after the Writ was reissued.    

The court found that the Plaintiffs made valid investigations in an effort to locate the Defendants and, as such, a good faith effort was found and the Preliminary Objections were denied.  

Anyone wishing to review a copy of this decision may contact me at dancummins@comcast.net.
 

Source: “Digest of Recent Opinions.”  Pennsylvania Law Weekly (March 20, 2016)

Source of imagewww.servingpapers.com


 

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