Thursday, October 27, 2016

Preliminary Objections Based on Lack of Timely Service of Process Sustained

In the Berks County case of Wilkinson v. Miller, 108 Berks 312 (C.P. Berks Co. 2016), the court sustained Preliminary Objections in a case where the Writ of Summons was filed before the expiration of the applicable statute of limitations but where the Plaintiff took no action to effectuate service for thirteen (13) months, which time period went well past the expiration of the statute of limitations. 

In dismissing the Complaint, the court found a lack of a good faith effort on the part of the Plaintiff required by Pennsylvania law to serve original process upon the Defendant.

I do not have a copy of this decision but have provided the above citation.  

Source:  "Court Summaries" by Timothy L. Clawges, Pennsylvania Bar News (Sept. 26, 2016).

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