Friday, September 27, 2024

Judge Nealon Provides Thorough Review of Current Status of Law on Proper and Timely Service of Process


In his recent detailed decision in the case of Potts v. Notariani, No. 2022-CV-1161 (C.P. Lacka. Co., Sept. 19, 2024 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas provided a thorough analysis of the current status of the law applicable to the requests for dismissals of civil litigation matters due to a Plaintiff's failure to complete service in a timely fashion.

In this case involving a pro se prisoner Plaintiff, the record confirmed that the Plaintiff did not follow the Rules of Civil Procedure for the completion of service of original process.  Service had not been completed over the 30 months since the lawsuit was filed.

As such, Judge Nealon ruled that the Court had no jurisdiction over the matter and the case was therefore dismissed.

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

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