Leight v. Lefkowitz

JOHNSON, Judge.

The sole issue on this appeal is whether service by certified mail and ordinary mail pursuant to the Rules of Civil Procedure of the Municipal Court of Philadelphia can be effected where the addressee refuses delivery, and the certified mail is returned “Unclaimed” and the regular mail is returned “Refused.” We conclude that Rule 111 of the Municipal Court Rules expressly provides to the contrary. Accordingly, we reverse the order which dismissed the petition to open a default judgment and remand for further proceedings.

The facts are not in dispute. Joe Leight brought suit in…