Superior Court Affirms Dismissal of Case Due to Service of Process Issues

In the case of Green v. Farole, No. 1483 EDA 2024 (Pa. Super. April 14, 2025 Stabile, J., Bowes, J., and Kunselman, J.) (Op. by Stabile, J.), the Pennsylvania Superior Court issued its latest pronouncement on the law regarding proper service of process as set forth in Lamp v. Heyman and its progeny. In this case, the Superior Court affirmed the trial court’s sustaining of Preliminary Objections and dismissal of the Plaintiff’s Complaint due to service  of process issues.

In this case, the court found that the Plaintiff’s Complaint, which was filed on the last possible day before the expiration of the statute of limitations, but which was not properly and timely served as required by law, was barred by the statute of limitations.

The Superior Court noted that, under Lamp v. Heyman and the cases following that decision, a Plaintiff is required to make a diligent, timely, good faith effort to serve Defendants with original process.

In this decision, the court confirmed that violations of the rules of service of process can be pursued by a Defendant by way of Preliminary Objections.

In this case, the court found that the Plaintiff failed to ensure that original process was properly served within the required thirty (30) days. The Plaintiff also then violated the rules by engaging a private process server to complete service.

The Superior Court confirmed that the rules regarding proper service of original process must be strictly followed. The court reiterated a well-settled rule that the failure to perfect service is fatal to a lawsuit.

The Superior Court also reaffirmed the general rule of law that actual notice of a lawsuit by a Defendant does not excuse the failure of the Plaintiff to serve the Defendant with original process in accordance with the Rules of Civil Procedure.

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


I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.