Judge Padilla granted summary judgment in Harvey v. Garner and Gaines, Phila. CCP 130401081 for two Defendants for improper service under Lamp.
Both Defendants were not served with the Complaint until five (5) months after the Statute of Limitations. A hearing was held on the issue as to whether Plaintiff had made a “good faith” effort to accomplish service. Judge Padilla noted that the Plaintiff had produced no evidence to indicate compliance with the service rules. Defendants testified that Plaintiff obtained their proper address at the time of the accident and that Defendants still lived there. Testimony further indicated there was usually an adult family member at home to accept service.
The court noted that the docket was silent regarding plaintiff’s attempts to make service for more than five (5) months. After the hearing, the complaint was dismissed.
