Friday, July 14, 2023

Motion To Dismiss Denied Where Court Found That Plaintiff Made Good Faith Efforts to Complete Service

In the case of Plourde v. Trussel, No. 2525-CV-2021 (C.P.Monroe Co. May 15, 2023 Zulick, J.), the court denied a Defendant’s Preliminary Objections asserting improper service of process.

In this case, the court found that the Plaintiff’s attorney and the Sheriff made diligent efforts to rectify any errors of service and that there was no evidence of any intent to delay service or abuse the legal process.

The court noted that the delay in completing service was due to the failed service attempt and the need to involve a neighboring county’s Sheriff to complete service.

The court otherwise found that the Plaintiff acted in good faith and made reasonable and prompt attempts to serve the Defendant.

The court also stated that no evidence suggested that the Defendant was prejudiced due to the delay in service.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (June 20, 2023).

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