Opinion
Civil Action No. 04-2866.
November 19, 2004
ORDER
AND NOW, this day of November, 2004, it is hereby ORDERED that plaintiff's counsel shall arrange for service of process on defendant Accelerated Mortgage Company to take place on or before December 20, 2004. Failure to effect service by this deadline will result in dismissal of this action without prejudice as to this defendant.
On June 30, 2004, we ordered the U.S. Marshal to effect service on defendant Accelerated Mortgage Company ("Accelerated") as well as on another defendant. Plaintiff's counsel completed form USM-285 advising the U.S. Marshal that defendant Accelerated should be served at "507 Duttons Mill Rd., Unit D-2, Aston, PA 19014." The Marshal's return stated that the assigned Deputy was unable to make service at that address. The remarks section stated, "7-28-04 — Wrong address. Address listed above is for Accelerated Mortgage Company of Delaware. Not affiliated. 11:30 a.m. Return unexecuted."
The complaint states that Accelerated is a Pennsylvania corporation located at "1360 DeKalb Pike, Blue Bell, PA 19422." It appears that plaintiff's counsel provided the U.S. Marshal with the wrong address on form USM-285. Under the circumstances, we will not direct the Marshal to make a further attempt at service at Government expense. It will be incumbent upon plaintiff's counsel to take whatever steps are necessary to do so. As noted above, failure to make service of process within the designated period will result in dismissal of this action without prejudice as to defendant Accelerated.