Pennsylvania Rules of Civil Procedure - Service of Process

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RULES FOR SERVICE IN PA

Rule 400. Person to Make Service

(a) Except as provided in subdivisions (b) and (c) and in Rules 400.1 and 1930.4, original process shall be served within the Commonwealth only by the sheriff.

   (b) In addition to service by the sheriff, original process may be served also by a competent adult in the following actions:

   (1) civil action in which the complaint includes a request for injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532 or appointment of a receiver under Rule 1533,

   (2) partition, and

   (3) declaratory judgment when declaratory relief is the only relief sought.

     Note: See Rule 76 for the definition of "competent adult".

     Service of original process in domestic relations matters is governed
     by Rule 1930.4.

   (c) When the sheriff is a party to the action, original process shall be served by the coroner or other officer authorized by law to perform the duties of coroner.

   (d) If service is to be made by the sheriff in a county other than the county in which the action was commenced, the sheriff of the county where service may be made shall be deputized for that purpose by the sheriff of the county where the action was commenced.

Rule 400.1. Provisions for all Courts of the First Judicial District

(a) In an action commenced in the First Judicial District, original process may be served

   (1) within the county by the sheriff or a competent adult, or

   (2) in any other county by deputized service as provided by Rule 400(d)
   or by a competent adult forwarding the process to the sheriff of the
   county where service may be made.

     Note: See Rule 76 for the definition of "competent adult".

     The First Judicial District is comprised of Philadelphia County

   (b) In an action commenced in any other county, original process may be served in Philadelphia County by deputized service as provided by Rule 400(d) or by a competent adult.

     Note: See Rule 76 for the definition of "competent adult".

   (c) Rescinded.

     Note: For service in an action for protection from abuse, see Rule
     1930.4(b).

Rule 401. Time for Service. Reissuance, Reinstatement and Substitution of Original Process. Copies for Service

(a) Original process shall be served within the Commonwealth within thirty days after the issuance of the writ or the filing of the complaint.

     Note: See Rule 404 for the time for service outside the
     Commonwealth.

   (b)(1) If service within the Commonwealth is not made within the time prescribed by subdivision (a) of this rule or outside the Commonwealth within the time prescribed by Rule 404, the prothonotary upon praecipe and upon presentation of the original process, shall continue its validity by reissuing the writ or reinstating the complaint, by writing thereon "reissued" in the case of a writ or "reinstated" in the case of a complaint.

   (2) A writ may be reissued or a complaint reinstated at any time and any number of times. A new party defendant may be named in a reissued writ or a reinstated complaint.

   (3) A substituted writ may be issued or a substituted complaint filed upon praecipe stating that the former writ or complaint has been lost or destroyed.

   (4) A reissued, reinstated or substituted writ or complaint shall be served within the applicable time prescribed by subdivision (a) of this rule or by Rule 404 after reissuance, reinstatement or substitution.

   (5) If an action is commenced by writ of summons and a complaint is thereafter filed, the plaintiff instead of reissuing the writ may treat the complaint as alternative original process and as the equivalent for all purposes of a reissued writ, reissued as of the date of the filing of the complaint. Thereafter the writ may be reissued, or the complaint may be reinstated as the equivalent of a reissuance of the writ, and the plaintiff may use either the reissued writ or the reinstated complaint as alternative original process.

     Note: If the applicable time has passed after the issuance of the
     writ or the filing of the complaint, the writ must be reissued or the
     complaint reinstated to be effective as process. Filing or
     reinstatement or substitution of a complaint which is used as
     alternative process under this subdivision, has been held effective
     in tolling the statute of limitations as the reissuance or
     substitution of a writ.

   (c) The copy of the original process to be served upon the defendant shall be attested by the prothonotary or certified by the plaintiff to be a true copy.

Rule 402. Manner of Service. Acceptance of Service

(a) Original process may be served

   (1) by handing a copy to the defendant; or

   (2) by handing a copy

     (i) at the residence of the defendant to an adult member of the
     family with whom he resides; but if no adult member of the family is
     found, then to an adult person in charge of such residence; or

     (ii) at the residence of the defendant to the clerk or manager of the
     hotel, inn, apartment house, boarding house or other place of lodging
     at which he resides; or

     (iii) at any office or usual place of business of the defendant to
     his agent or to the person for the time being in charge thereof.

   (b) In lieu of service under this rule, the defendant or his authorized agent may accept service of original process by filing a separate document which shall be substantially in the following form:

                                 (Caption)

                           Acceptance of Service

   I accept service of the -------------------- (on behalf of -------------------- and certify that I am authorized to do so).

#TABLE#

     --------------------
          --------------------

(Date)     (Defendant or Authorized Agent)

                              --------------------
                              (Mailing Address)

     Note: The plaintiff should insert in the first blank the name of the
     document being accepted, i.e. writ of summons or complaint.

     When accepting service in person, the defendant would delete the part
     of the sentence in parentheses.

Rule 403. Service by Mail

If a rule of civil procedure authorizes original process to be served by mail, a copy of the process shall be mailed to the defendant by any form of mail requiring a receipt signed by the defendant or his authorized agent. Service is complete upon delivery of the mail.

   (1) If the mail is returned with notation by the postal authorities
   that the defendant refused to accept the mail, the plaintiff shall have
   the right of service by mailing a copy to the defendant at the same
   address by ordinary mail with the return address of the sender
   appearing thereon. Service by ordinary mail is complete if the mail is
   not returned to the sender within fifteen days after mailing.

   (2) If the mail is returned with notation by the postal authorities
   that it was unclaimed, the plaintiff shall make service by another
   means pursuant to these rules.

     Note: The United States Postal Service provides for restricted
     delivery mail, which can only be delivered to the addressee or his
     authorized agent. Rule 403 has been drafted to accommodate the
     Postal Service procedures with respect to restricted delivery.

Rule 404. Service Outside the Commonwealth

Original process shall be served outside the Commonwealth within ninety days of the issuance of the writ or the filing of the complaint or the reissuance or the reinstatement thereof:

     Note: For reissuance and reinstatement of original process, see Rule
     401(b).

   (1) by a competent adult in the manner provided by Rule 402(a);

     Note: See Rule 76 for the definition of "competent adult".

   (2) by mail in the manner provided by Rule 403;

   (3) in the manner provided by the law of the jurisdiction in which the
   service is made for service in an action in any of its courts of
   general jurisdiction;

   (4) in the manner provided by treaty; or

     Note: A treaty may provide that to effect service a plaintiff must
     satisfy requirements which are in addition to the procedures
     specified by this rule.

   (5) as directed by the foreign authority in response to a letter
   rogatory or request.

     Note: Sections 5323 and 5329(2) of the Judicial Code, 42 Pa.C.S. §§
     5323, 5329(2), provide additional alternative procedures for service
     outside the Commonwealth.

Rule 405. Return of Service

(a) When service of original process has been made the sheriff or other person making service shall make a return of service forthwith. If service has not been made and the writ has not been reissued or the complaint reinstated, a return of no service shall be made upon the expiration of the period allowed for service.

     Note: See Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976), with
     respect to original process as a means of tolling the statute of
     limitations, wherein the Court stated that original process "shall
     remain effective to commence an action only if the plaintiff then
     refrains from a course of conduct which serves to stall in its tracks
     the legal machinery he has just set in motion."

   (b) A return of service shall set forth the date, time, place and manner of service, the identity of the person served and any other facts necessary for the court to determine whether proper service has been made.

   (c) Proof of service by mail under Rule 403 shall include a return receipt signed by the defendant or, if the defendant has refused to accept mail service and the plaintiff thereafter has served the defendant by ordinary mail,

   (1) the returned letter with the notation that the defendant refused to
   accept delivery, and

   (2) an affidavit that the letter was mailed by ordinary mail and was
   not returned within fifteen days after mailing.

   (d) A return of service by a person other than the sheriff shall be by affidavit. If a person other than the sheriff makes a return of no service, the affidavit shall set forth with particularity the efforts made to effect service.

   (e) The return of service or of no service shall be filed with the prothonotary.

   (f) A return of service shall not be required when the defendant accepts service of original process.

   (g) The sheriff upon filing a return of service or of no service shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party.

Rule 1930.4. Service of Original Process in Domestic Relations Matters

(a) Persons Who May Serve. Original process in all domestic relations matters may be served by the sheriff or a competent adult:

   (1) by handing a copy to the defendant; or

   (2) by handing a copy;

   (i) at the residence of the defendant to an adult member of the family
   with whom the defendant resides; but if no adult member of the family
   is found, then to an adult person in charge of such residence; or

   (ii) at the residence of the defendant to the clerk or manager of the
   hotel, inn, apartment house, boarding house or other place of lodging
   at which the defendant resides; or

   (iii) at any office or usual place of business of the defendant to the
   defendant's agent or to the person for the time being in charge
   thereof.

   (3) or pursuant to special order of court.

     Note: See Rule 76 for the definition of "competent adult." Service
     upon an incarcerated person in a domestic relations action must also
     include notice of any hearing in such action, and specific notice of
     the incarcerated individual's right to apply to the court for a writ
     of habeas corpus ad testificandum to enable him or her to participate
     in the hearing. The writ is available where an incarcerated
     individual wishes to testify as provided by statute or rule, as well
     as where the individual's testimony is sought by another. Vanaman v.
     Cowgill, 363 Pa. Super. Ct. 602, 526 A.2d 1226 (1987). See 23
     Pa.C.S.A. § 4342(j) and Rule 1930.3. In determining whether a writ
     of habeas corpus ad testificandum should be issued, a court must
     weigh the factors set forth in Salemo v. Salemo, 381 Pa. Super. Ct.
     632, 554 A.2d 563 (1989).

   (b) Service in Protection From Abuse Matters. In Protection From Abuse matters only, original process may also be served by an adult using any means set forth in subdivision (a) above. If personal service cannot be completed within forty-eight (48) hours after a Protection From Abuse petition is filed, the court may, by special order as set forth in subdivision (a)(3) above, authorize service by another means including, but not limited to, service by mail pursuant to subdivision (c) of this rule.

   (c) Service by Mail. Except in Protection from Abuse matters unless authorized by special order of court pursuant to subdivision (b) above, original process may also be served by mailing the complaint and order to appear, if required, to the defendant's last known address by both regular and certified mail. Delivery of the certified mail must be restricted to addressee only, and a return receipt must be requested.

   (1) If the certified mail is refused by defendant, but the regular mail is not returned within fifteen (15) days, service may be deemed complete.

   (2) If the mail is returned with notation by the postal authorities that it was unclaimed, service shall be made by another means pursuant to these rules.

   (d) Acceptance of Service. In lieu of service pursuant to this rule, the defendant or the defendant's authorized agent may accept service of original process by filing with the prothonotary a separate document which shall be substantially in the following form:

                                   (Caption)

                           ACCEPTANCE OF SERVICE

   I accept service of the -------. (NAME OF DOCUMENT) I certify that I am authorized to accept service on behalf of defendant.

#TABLE#

--------------------
     --------------------

     Date          Defendant or Authorized Agent


                              --------------------
                              Mailing Address

     Note: If defendant accepts service personally, the second sentence
     should be deleted.

   (e) Time for Service Within the Commonwealth. Original process shall be served within the Commonwealth within thirty days of the filing of the petition or complaint.

   (f) Service Outside of the Commonwealth. Original process shall be served outside the Commonwealth within ninety days of the filing of the complaint:

   (1) by any means authorized by this rule; or

   (2) in the manner provided by the law of the jurisdiction in which defendant will be served; or

   (3) in the manner provided by treaty; or

   (4) as directed by the foreign authority in response to a letter rogatory or request.

     Note: Sections 5323 and 5329(2) of the Judicial Code, 42 Pa.C.S. §§
     5323 and 5329(2), provide additional alternative procedures for
     service outside the Commonwealth. For Protection from Abuse matters,
     personal service outside of the Commonwealth must first be attempted
     before service can be made by certified and regular mail or by any of
     the other means prescribed in subsection (f) of this Rule for
     out-of-state service.

   (g) Reinstatement of Complaint. If service is not made as required by subdivision (e) or (f) of this rule, the prothonotary upon praecipe accompanied by the original process, or praecipe indicating that the original complaint has been lost or destroyed accompanied by a substituted complaint, shall reinstate the complaint.

   (1) A complaint may be reinstated at any time and any number of times. A new party defendant may be named in a reinstated complaint.

   (2) A reinstated complaint shall be served as required by subdivision (e) or (f) of this rule.

   (h) Proof of Service. Proof of service shall be made as follows:

   (1) The person making service of original process shall make a return of service forthwith. If service has not been made within the time allowed, a return of no service shall be made upon the expiration of the period allowed for service.

   (2) Proof of service shall set forth the date, time, place and manner of service, the identity of the person served and any other facts necessary for the court to determine whether proper service has been made.

   (3) Proof of service by a person other than the sheriff shall be by affidavit. If a person other than the sheriff makes a return of no service, the affidavit shall set forth with particularity the efforts made to effect service.

   (4) Proof of service by mail shall include a return receipt signed by the defendant or, if the defendant has refused to accept mail service, the returned letter with the notation that the defendant refused to accept delivery, and an affidavit that the regular mail was not returned within fifteen days after mailing.

   (5) Proof of service or of no service shall be filed with the prothonotary.

   (6) An executed Acceptance of Service shall be filed in lieu of a Proof of Service where defendant accepts service of original process.

   (i) Appearance at Hearing or Conference. Regardless of the method of service, a party who appears for the hearing or conference will be deemed to have been served.