Monday, May 25, 2020

Court Allows for Alternative Service on Defendant Who Was Evading Service


In the case of Bower v. Bower, No. CV-20-0024 (C.P. Lycoming Co. March 27, 2020 Tira, J.), the court granted a Motion for Alternative Service where the Plaintiff had established that the Defendant was evading service. 

According to the Opinion, six (6) separate service attempts were made by the Sheriff’s Department. It was noted that the Defendant was present on her driveway during one of those attempts and went into her house when she saw the Sheriff’s Deputy approaching, after which the Defendant refused to answer the door. 

The court also noted that there is a prior history of the Plaintiff evading service in a previous action. 

There was also alleged evidence that the Defendant had even attempted to run over a process server. 

The court granted the Plaintiff’s Motion to Allow Service to instead be served by any adult who was not a party to the action. 

To make sure that the Defendant received actual notice of the pending litigation, the court also required the posting of a copy of the notice and the Complaint on the Defendant’s property. 

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (May 12, 2020).

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