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United States v. PASCARELLI STONICH
2:16-cv-06464
E.D. Pa.
Jan 3, 2018
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Background

  • 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)
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Case Details

Case Name: United States v. PASCARELLI STONICH
Court Name: District Court, E.D. Pennsylvania
Date Published: Jan 3, 2018
Citation: 2:16-cv-06464
Docket Number: 2:16-cv-06464
Court Abbreviation: E.D. Pa.