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Pennsylvania Rules of Civil Process

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Pennsylvania Procedure Serving Requirements

In addition to service past the sheriff, original procedure may be served also by a competent adult in the following actions: disinterestedness, partitioning, preclude waste, and declaratory judgment when declaratory relief is the only relief sought. Note: Encounter Rule 76 for the definition of "competent developed". Service of original procedure in domestic relations matters is governed by Rule 1930.iv.

Pennsylvania Rules of Civil Process

Delight note that lobbyists are active in the state of Pennsylvania and laws concerning civil procedure and process serving can change. Therefore the information listed beneath may have been amended. For updated process serving legislation, please visit the Pennsylvania Courts website.

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Rule 400. Person to Make Service
Rule 400.1. Provisions for all Courts of the First Judicial Commune
Rule 401. Fourth dimension for Service. Reissuance, Reinstatement and Commutation of Original Procedure. Copies for Service
Rule 402. Service Upon Individuals. Adults. Minors. Incapacitated Persons
Dominion 402.ane. Service Upon the Democracy and Political Subdivisions
Rule 402.two. Service Upon Partnerships, Unincorporated Associations, and Corporations and Similar Entities
Rule 402.3. Service Upon Additional Defendants
Rule 403. Service past Mail
Rule 404. Service Outside the Commonwealth
Rule 405. Render of Service.
Dominion 410. Existent Property Actions
Rule 430. Service Pursuant to Special Order of Courtroom. Publication
Rule 234.one Subpoena to Attend and Prove
Rule 234.2 Subpoena. Issuance. Service. Compliance. Fees. Prisoners
Rule 234.6 Class of Subpoena

Rule 400. Person to Brand Service

Service of original process shall be made within the Republic by the persons authorized by Rule 400.two by handing a copy in the manner provided by Rules 402 through 402.2.
In addition to service by the sheriff, original process may exist served also past a competent adult in the following actions: equity, partition, forbid waste, and declaratory judgment when declaratory relief is the only relief sought.

Notation:Meet Rule 76 for the definition of "competent adult". Service of original procedure in domestic relations matters is governed by Rule 1930.four.

If service cannot be made under the applicable rule, service of original process shall be made in the mode provided by social club of court pursuant to Dominion 430.
The render of service shall exist made in the manner provided by Rule 405.
In lieu of service under these rules, the defendant or the defendant's authorized agent may have service of original process past filing a separate certificate which shall be essentially in the form prescribed by Rule 450.

Adopted June 14, 1999, Amended and constructive May eleven, 1990; October. two, 1995, effective January. 1, 1996; May xiv, 1999, effective July ane, 1999.

Dominion 400.i. Provisions for all Courts of the Offset Judicial District

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 whatever other county by deputized service as provided by Rule 400(d) or by a competent adult forwarding the process to the sheriff of the canton where service may be fabricated. Note: See Rule 76 for the definition of "competent adult". The First Judicial District is comprised of Philadelphia County.
3. In an action commenced in whatsoever other canton, original procedure may be served in Philadelphia County by deputized service equally proved past Rule 400(d) or by a competent developed.

Note: See Dominion 76 for the definition of "competent developed".

Rescinded. Note: For service in an action for protection from abuse, come across Rule 1930.4(b). Adopted and constructive May xi, 1990. Amended July two, 1998, effective August ane, 1998; May fourteen, 1999, effective July 1, 1999.

Rule 401. Time for Service. Reissuance, Reinstatement and Commutation of Original Procedure. Copies for Service

Original process shall exist served within the Democracy within thirty days after the issuance of the writ or the filing of the complaint.
(1) If service inside the Commonwealth is non made inside the fourth dimension prescribed by subdivision (a) of this rule or outside the Democracy within the time prescribed past 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, past writing thereon "reissued" in the case of a writ or "reinstated" in the case of a complaint.

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

(three) A substituted writ may exist issued or a substituted complaint filed upon praecipe stating that the onetime writ or complaint has been lost or destroyed.

(4) A reissued, reinstated or substituted writ or complaint shall exist served within the applicative time prescribed past subdivision (a) of this dominion or past Rule 404 afterwards reissuance, reinstatement or exchange.

(5) If an activeness is commenced by writ of summons and a complaint is thereafter filed, the plaintiff instead of reissuing the writ may care for the complaint every bit alternative original process and every bit the equivalent for all purposes of a reissued writ, reissued as of the date of the filing of the complaint. Thereafter the writ may exist reissued, or the complaint may be reinstated equally the equivalent of a reissuance of the writ, and the plaintiff may apply either the reissued writ or the reinstated complaint as culling original process.

The copy of the original process to exist served upon the defendant shall be attested past the prothonotary or certified by the plaintiff to be a true re-create. Adopted June twenty, 1985, effective January i, 1986.

Rule 402. Service Upon Individuals. Adults. Minors. Incapacitated Persons.

Original procedure may be served upon a defendant who is an adult
1. past handing a copy to the defendant; or
2. past handing a copy
  1. at the residence of the defendant to an adult fellow member of the family unit with whom the defendant resides; simply if no adult member of the family is plant, then to an developed person in charge of such residence; or
  2. at the hotel, inn, apartment house, boarding house or other place of lodging at which the defendant resides to the manager or other person authorized to accept deliveries of U.s. mail; or
  3. at whatever office or usual place of concern of the accused to the defendant's agent or to the person for the fourth dimension being in charge.
If the defendant is a small or an incapacitated person, original process shall exist served
1. upon the small or the incapacitated person in the style prescribed for service of original process upon an adult defendant, or
2. by handling a copy to the guardian of the pocket-size or incapacitated person.

Adopted June 20, 1985, effective January one, 1986; amended June 14, 1999, effective July 1, 1999.

Dominion 402.1. Service Upon the Democracy and Political Subdivisions

Service of original process upon the Republic or an officer of the Commonwealth shall be made at the office of the named defendant and the office of the Attorney General by handing a re-create to the person in accuse.
Service of original process upon a department, lath, commission or instrumentality of the Commonwealth, or a member thereof, shall exist made at the office of the named defendant and the office of the Attorney General by handing a copy to the person in charge.
Service of original process upon a political subdivision shall be fabricated
1. by handing a copy to
  1. the person in charge at the political subdivision'due south part of the solicitor or legal department, or
  2. the person in accuse at the function of the political subdivision, or
  3. an amanuensis duly authorized by the political subdivision to receive service of process, or
2. by serving the mayor, or the president, chairman, secretary or clerk of the governing body in the style prescribed by Rule 402(a).
This rule shall non apply to an appeal from an administrative determination, guild or decree of such officer, department, board, committee or instrumentality.

Adopted June 14, 1999, effective July 1, 1999.

Rule 402.2. Service Upon Partnerships, Unincorporated Associations, and Corporations and Similar Entities

Equally used in this rule, "clan" means a partnership and all partners named in the action, an unincorporated association or a corporation or similar entity; "officeholder" when referring to an officer of a corporation or similar entity means an executive officer every bit defined past Rule 2176.
Provided that the person served is not a plaintiff in the activity, service of original procedure upon an association shall be fabricated
1. by serving any partner, officer, trustee or registered amanuensis of the association in the manner prescribed past Rule 402(a), or
2. by handing a copy to the director, clerk or other person for the time being in accuse of any regular place of business or activity of the clan, or
3. by handing a copy to an agent authorized by the association in writing to receive service of procedure for information technology.

Adopted June 14, 1999, constructive July i, 1999.

Rule 402.3. Service Upon Additional Defendants

Original procedure shall be served upon an additional defendant who is not already a political party to the activity in the aforementioned fashion equally if the additional defendant were an original defendant. Copies of all pleadings filed in the activity shall exist served with the complaint against the additional defendant.
The accused or additional defendant who has filed a complaint shall serve a copy upon every prior party merely need not adhere copies of whatever pleadings previously filed in the action.

Dominion 403. Service past Mail service

If a dominion of ceremonious procedure authorizes original process to be served by mail, a copy of the procedure shall be mailed to the defendant past any form of U.s. mail requiring a receipt signed by the accused or the defendant's authorized agent. Service is consummate upon the accused or the defendant's authorized agent signing the required receipt.

If the mail is returned with annotation by the postal authorities that the accused refused to accept the mail, the plaintiff shall take the right of service by mailing a copy to the defendant at the aforementioned address by ordinary mail with the return address of the sender actualization thereon. Service by ordinary mail is complete if the mail is not returned by the postal authorities to the sender within fifteen days afterward mailing.
If the mail is returned with notation by the postal authorities that it was unclaimed, the plaintiff shall make service by another ways pursuant to these rules.

Adopted June 20, 1985, effective January one, 1986; amended June 14, 1999, constructive July i, 1999.

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, come across Rule 401(b).

by a competent adult in the manner provided past Dominion 402(a);

Note: Run into Dominion 76 for the definition of "competent adult".

by postal service in the manner provided past Rule 403;
in the manner provided by the police force of the jurisdiction in which the service is made for service in an action in any of its courts of general jurisdiction;
in the manner provided by treaty; or
as directed by the foreign dominance in response to a letter rogatory or request.

Adopted June 20, 1985, effective Jan 1, 1986. Amended May 14, 1999, effective July 1, 1999.

Rule 405. Render of Service.

Original procedure shall be served outside the Republic within 90 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, meet Rule 401(b).

When service of original process has been made the sheriff or other person making service shall brand a return of service forthwith. If service has not been fabricated 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.
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 decide whether proper service has been made.
Proof of service past mail under Dominion 403 shall include a return receipt signed by the defendant or, if the accused has refused to accept mail service and the plaintiff thereafter has served the defendant past ordinary mail,
1. the returned letter with the notation that the accused refused to have commitment, and
2. an affidavit that the letter of the alphabet was mailed by ordinary mail and was not returned within 15 days later on mailing.
A render of service past a person other than the sheriff shall be by affirmation. If a person other than the sheriff makes a render of no service, the affidavit shall set forth with particularity the efforts fabricated to outcome service.
The return of service or of no service shall exist filed with the prothonotary.
A return of service shall not exist required when the defendant accepts service of original process.
The sheriff upon filing a return of service or of no service shall notify by ordinary postal service the political party requesting service to be fabricated that service has or has not been made upon a named party.

Adopted June twenty, 1985, constructive January i, 1986. Amended July 7, 1986, effective January 1, 1987; November 7, 1988, effective Jan ane, 1989.

Rule 410. Existent Property Actions

In actions involving title to, involvement in, possession of, or charges or liens upon real property, original process shall exist served upon the accused in the manner provided by Dominion 400 et seq.
(ane) If in an activeness involving an interest in existent property the relief sought is possession or mortgage foreclosure, original process too shall be served upon whatever person not named as a political party who is found in possession of the property. The sheriff or other person making service shall note the service in the return.

(2) If the relief sought is possession, the person and then served shall thereupon become a defendant in the action. Upon praecipe of the plaintiff the prothonotary shall index the name of the person found in possession as a party to the action.

(3) If the relief sought is mortgage foreclosure, the person so served shall not thereby become a political party to the action.

If service is made pursuant to an order of courtroom under Rule 430(a), the court shall direct one or more than of the post-obit methods of service:
1. publication as provided by Rule 430(b),
2. posting a copy of the original procedure on the most public office of the property,
3. registered mail to the accused's last known address, and
4. such other methods, if any, equally the court deems advisable to give discover to the accused.

Adopted June 20, 1985, effective January 1, 1986; amended June 14, 1999, effective July 1, 1999.

Rule 430. Service Pursuant to Special Guild of Court. Publication

If service cannot be made under the applicative rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been fabricated to determine the whereabouts of the defendant and the reasons why service cannot exist made.
(1) If service of process by publication has been authorized by rule of ceremonious procedure or order of court, the publication shall be by advertising a notice of the activity one time in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation inside the county. The publication shall comprise the caption of the activeness and the names of the parties, land the nature of the action and conclude with a notice substantially in the following form:

NOTICE If you wish to defend, you lot must enter a written appearance personally or by chaser and file your defenses or objections in writing with the court. You lot are warned that if you lot fail to do and then the case may proceed without you and a judgment may be entered against you without further discover for the relief requested past the plaintiff. You may lose money or property or other rights of import to you lot.

You lot SHOULD Take THIS Notice TO YOUR LAWYER AT ONCE. IF Yous Exercise Non Have A LAWYER OR CANNOT AFFORD ONE, GO TO OR Phone THE Part Gear up Forth BELOW TO Discover OUT WHERE YOU CAN GET LEGAL Assistance.

(Proper noun)

(ADDRESS)

(TELEPHONE NUMBER)

(2) When service is made by publication upon the heirs and assigns of a named onetime owner or party in interest, the courtroom may permit publication against the heirs or assigns more often than not if information technology is set forth in- the complaint or an affidavit that they are unknown. Adopted June xx, 1985, effective January 1, 1986.

Rule 234.one Subpoena to Attend and Prove

A subpoena is an guild of the court commanding a person to attend and prove at a particular fourth dimension and place. Information technology may as well require the person to produce documents or things which are under the possession, custody or control of that person.
A amendment may be used to command a person to attend and to produce documents or things only at
1. a trial or hearing in an activeness or proceeding pending in the court, or
2. the taking of a deposition in an action or proceeding pending in the court.
A amendment may not be used to compel a person to appear or to produce documents or things ex parte before an chaser, a political party or a representative of the political party.

Adopted Dec 14, 1989, effective Jan i, 1990. Amended Apr 7, 1997, effective July ane, 1997; November 24, 1998, effective Jan i, 1999.

Dominion 234.2 Subpoena. Issuance. Service. Compliance. Fees. Prisoners

Upon the request of a party, the prothonotary shall upshot a subpoena signed and under the seal of the court but otherwise in bare, substantially in the form prescribed by Dominion 234.6.
A copy of the subpoena may be served upon any person inside the Republic by an developed
1. in the manner prescribed past Rule 402(a);
2. by whatever grade of post requiring a return receipt, postage stamp prepaid, restricted delivery. Service is complete upon delivery of the mail to the person subpoenaed or any of the persons referred to in Rule 402(a)(2). The return receipt may exist signed by the person subpoenaed or any of such persons; or
3. by ordinary mail. The post shall comprise ii copies of the Find and Acknowledgment prescribed by Rule 234.9 and a cocky-addressed stamped envelope.
The fee for i solar day's attendance and circular trip mileage shall be tendered upon demand at the fourth dimension the person is served with a amendment. If a subpoena is served by post, a bank check in the corporeality of one day'south attendance and round trip mileage shall exist enclosed with the amendment.
A court may compel the omnipresence of whatever person bars in jail or prison house by issuing, upon movement, an order directed to the custodian of the person so confined to release the person to the custody of a sheriff or other appropriate amanuensis.

Note: A subpoena served by ordinary mail is not enforceable unless the witness acknowledges having received it. Come across Rule 234.5(a). Adopted Dec fourteen, 1989, effective January 1, 1990. Amended April seven, 1997, constructive July 1, 1997; May 14, 1999, effective July i, 1999.

Rulee 234.6 Form of Subpoena

A amendment issued pursuant to Rule 234.1 shall be substantially in the following class: Democracy of Pennsylvania

(Caption) Amendment TO ATTEND AND Evidence To : (Proper noun(southward) of Witness(es)) 1. Y'all are ordered by the Court to come to (Specify Courtroom or other identify) at , Pennsylvania, on at o'clock, _.M., to bear witness on behalf of _ _ in the above case, and to remain until excused. 2. And bring with you the following: _. If yous fail to nourish or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Ceremonious Procedure, including but not express to costs, attorney fees and imprisonment. Requested by: _ (Chaser's name, accost, telephone number, and identification number) BY THE COURT,

(Proper name of prothonotary) Seal of the Court Return of Service (Reverse Side of Subpoena) On the day of , _ _, I, , served (proper name of person served)_ with the foregoing subpoena by: (Describe method of service)_. I verify that the statements in this return of service are true and right. I sympathise that false statements herein are made subject to the penalties of 18 P. Due south. § 4904 relating to unsworn falsification to authorities.

signature Adopted December 14, 1989, effective Jan 1 1990. Amended April 7, 1997, effective July 1, 1997; April 12, 1999, effective July one, 1999.

Rule 234.9 Detect and Acknowledgement of Receipt of Subpoena by Postal service

The discover and acquittance of receipt of amendment past mail service required past Rule 234.2(b)(iii) shall be substantially in the following form:

(Caption) NOTICE

(Name of person to be served)

The enclosed amendment is served pursuant to Pennsylvania Rule of Civil Procedure 234.2(b)(three). Complete the acknowledgment part of this form and render the copy of the completed form to the sender in the enclosed cocky-addressed stamped envelope. Sign and engagement the acquittance. If you lot are served on behalf of a partnership, unincorporated association, corporation or similar entity, betoken under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive the subpoena, indicate under your signature your authority.

Party serving amendment or Chaser for Party

Acknowledgment OF RECEIPT OF SUBPOENA I acknowledge receipt of a copy of the subpoena in the to a higher place captioned affair.

Signature

Relationship to entity or authority to receive the subpoena Adopted December 14, 1989, effective Jan 1, 1990. Amended April 12, 1999, constructive July 1, 1999.

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