United States v. PASCARELLI STONICH
2:16-cv-06464
E.D. Pa.Jan 3, 2018Background
- Plaintiff United States filed a student loan collection action against Elizabeth Pascarelli Stonich on December 15, 2016.
- Waiver of service was sent but not executed and returned.
- Initial personal service at Wayne, Pennsylvania, on January 25, 2017, found the property vacant.
- Investigations identified Nantucket, Massachusetts and Seattle, Washington addresses as possible residences.
- Multiple attempts at Nantucket and Seattle addresses occurred; occupants stated Defendant resided elsewhere or visits infrequently.
- Defendant’s current address remained unsettled, and Plaintiff sought permission to serve by posting and by mailing to the Wayne Property and extended service time under Rule 4(m).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff made a good faith effort to locate Defendant. | Plaintiff conducted postal, records, and address inquiries. | Not provided in record. | No; good faith effort not demonstrated. |
| Whether alternative service by posting is appropriate under Rule 430(a). | Posting at last known address and mailing to that address could provide notice. | Address was vacant and no update or receipt shown. | Denied without prejudice; may renew with further locating efforts. |
| Whether to extend the time to effect service under Rule 4(m). | Good cause shown by ongoing efforts to locate Defendant. | Not applicable. | Time extended 30 days from the order. |
Key Cases Cited
- Calabro v. Leiner, 464 F. Supp. 2d 470 (E.D. Pa. 2006) (due-process and notice required in service; good faith locating efforts)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (U.S. 1950) (due process requires notice reasonably calculated to apprise interested parties)
- Deer Park Lumber, Inc. v. Major, 559 A.2d 941 (Pa. Super. 1989) (Rule 430(a) requires more than a paper search; personal inquiries matter)
