Procedure

July 23rd, 2019 by Rieders Travis in Procedure

PROCEDURE-SERVICE PROCEDURE-SERVICE- Frick v. Fuhai Li, 2019 Pa. Super. LEXIS 1255 (December 23, 2019) Stevens, J.  Under the Lamp decision, plaintiffs made sufficient effort to serve defendants, something like five times.  Their effort was in good faith.  The civil rules required that original process be served within 30 days of the filing of a complaint. The complaint may be reinstated at any time and any number of times under Pennsylvania Rule of Civil Procedure 401(b)(2).  The mere filing of a complaint is sufficient to toll applicable statute of limitations but does not preserve claims in perpetuity.  Lamp v. Heyman, 366 A.2d 882 (1976).  For a complaint to remain effective, a plaintiff must refrain from the course of conduct which serves to stall in its tracks the legal machinery which he has set in motion.  Further, plaintiffs are to comply with local practice as to the delivery of the complaint to the sheriff for service.  Lamp requires plaintiffs to exercise good faith effort to effectuate notice of commencement of an action.  Plaintiff attempted to serve defendant Li with multiple amended complaints through the sheriff’s offices.  A writ of summons was filed…