Trial Court Requests Superior Court to Affirm Dismissal of Case Based on Plaintiff's Failure to Complete Service in a Good Faith and Timely Fashion

In the case of Vargas v. United Modular Enterprises, LLC, No. 2022-CV-05051 (C.P. Bucks Co. April 7, 2025 McMaster, J.), the court issued a Rule 1925 Opinion requesting the appellate court to affirm the trial court’s sustaining of the Defendant’s Preliminary Objections and dismissal of the Plaintiff’s Complaint with prejudice on the basis of the expiration of the statute of limitations and the Plaintiff’s failure to complete service in a timely and good faith fashion.

According to the Opinion, this case involved a tractor trailer that allegedly collided with the Plaintiff’s vehicle. The accident occurred on February 20, 2019.

Although the Plaintiff filed an original Complaint on February 12, 2021, which was eight (8) days before the statute of limitations expired, the court ruled that the Plaintiff ultimately did not make a good faith effort to complete service.

The court noted that the record confirmed that the Plaintiff’s attorney did not give the Complaint to the Bucks County Sheriff and serve the Complaint on the Defendant’s until July 14, 2021, which was five (5) months after the statue of limitations had expired.

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Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (July 17, 2025).