Thursday, June 15, 2017

Judge Sibum of Monroe County Grants Motion for Judgment on the Pleadings Due to Lack of Timely Service

In the case of Luisi v. Siletti, No. 3862 of 2015 (C.P. Monroe Co. March 10, 2017 Sibum, J.), the court granted a Motion for Judgment on the Pleadings under an argument that the statute of limitations barred the Plaintiff negligence case of action due to a lack of timely service.   

In this case, the court found that a delay of at least eight (8) months to effectuate service did not demonstrate good faith on the part of the Plaintiff to complete service.  

The court also rejected the Plaintiff’s argument that actual notice was provided to the Defendant because both the Defendant and the Defendant’s insurance company had received a copy of the Complaint in the mail.   The Plaintiff also asserted that no prejudice was suffered by the Defendant in the delay.  

According to the Opinion, the Defendant and his carrier both denied receiving a copy of the Complaint in the mail.   Judge Sibum indicated that, even if such mailings did occur, they were not a valid substitute for actual service under the rules in any event.  

Anyone wishing to review a copy of this decision may click this LINK.

Source:  “Digest of Recent Opinions.”  Pennsylvania Law Weekly (May 2, 2017). 

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