Pennsylvania Code
Title 231 - RULES OF CIVIL PROCEDURE
Part I - GENERAL
Chapter 1930 - RULES RELATING TO DOMESTIC RELATIONS MATTERS GENERALLY
Rule 1930.4 - Service of Original Process in Domestic Relations Matters
Universal Citation: 231 PA Code ยง 1930.4
Current through Register Vol. 54, No. 38, September 21, 2024
(a) Personal Service.
(1)
Persons Who May Serve. A sheriff or competent adult, as
defined in Pa.R.Civ.P. 76, may effectuate personal service of original process
in domestic relations matters, including Protection of Victims of Sexual
Violence or Intimidation matters.
(2)
Manner of Service.
(i) A sheriff or competent adult may serve
original process:
(A) by handing a copy of the
original process to the defendant;
(B) at the defendant's residence by handing a
copy of the original process to:
(I) an adult
member of the family with whom the defendant resides; but if an adult family
member is unavailable, then to an adult in charge of the residence;
or
(II) The clerk or manager of the
hotel, inn, apartment house, boarding house, or other place of lodging;
or
(C) at the defendant's
office or usual place of business by handing a copy of the original process to
the defendant's agent or the person for the time being in charge;
or
(ii) pursuant to
special order of court.
(3)
Service in Protection From Abuse
and Protection of Victims of Sexual Violence or Intimidation Matters.
(i) If the sheriff or competent adult cannot
complete personal service within 48 hours after a Protection From Abuse or a
Protection of Victims of Sexual Violence or Intimidation petition is filed, the
court may authorize alternative service by special order as set forth in
subdivision (a)(2)(ii).
(ii)
Alternative service may include, but is not limited to, service by mail
pursuant to subdivision (b) or service by commercial carrier pursuant to
subdivision (c).
(b) Service by Mail.
(1) In domestic relations matters, except
Protection from Abuse and Protection of Victims of Sexual Violence or
Intimidation matters, a party may serve the original process, a notice or order
to appear, if required, and other orders or documents, as necessary, by United
States Postal Service (USPS) first class regular and certified mail to the
defendant's last known address.
(i) The party
serving the original process by mail shall:
(A) restrict delivery of the certified mail
to the addressee only; and
(B)
request a return receipt, which may be an electronic return receipt.
(ii)
Completed Service by
Mail. Service of original process is complete when:
(A) The return receipt bears the defendant's
purported signature indicating receipt of the certified mail;
(B) The return receipt acknowledges delivery
of the certified mail to the defendant consistent with USPS policy and the
first class regular mail is not returned within 15 days of mailing;
or
(C) USPS returns the certified
mail indicating the defendant refused delivery, but the first class regular
mail is not returned within 15 days of mailing.
(iii)
Incomplete Service by
Mail.
(A) Service of original process
is incomplete when:
(I) USPS returns the
certified mail with a notation indicating that the mail was unclaimed by the
defendant; or
(II) is otherwise
inconsistent with subdivision (b)(1)(ii).
(B) If service by mail is incomplete, the
party attempting service shall utilize another method pursuant to these rules
to effectuate service.
(2)
Protection from Abuse and
Protection of Victims of Sexual Violence or Intimidation Matters. A
party may serve original process by mail, if authorized by the court under
subdivision (a)(2)(ii).
(c) Service by Commercial Carrier.
(1) In all domestic
relations matters, except Protection from Abuse and Protection of Victims of
Sexual Violence or Intimidation matters, a party may serve the original
process, a notice or order to appear, if required, and other orders or
documents, as necessary, by commercial carrier and USPS first class regular
mail to the defendant's last known address.
(i) The party serving the original process by
commercial carrier shall:
(A) restrict
delivery of the commercial carrier's package to the defendant's address only;
and
(B) request that the commercial
carrier provide a return receipt, which may be an electronic return receipt,
detailing the date of delivery, the delivery address, and to whom the package
was delivered.
(ii)
Completed Service by Commercial Carrier. Service of original
process is complete when:
(A) The return
receipt bears the defendant's purported signature indicating receipt of the
commercial carrier's package;
(B)
the return receipt acknowledges delivery of the commercial carrier's package to
the defendant's address consistent with the commercial carrier's policy and the
first class regular mail is not returned within 15 days; or
(C) The commercial carrier returns the
package indicating the defendant refused delivery, but the first class regular
mail is not returned within 15 days of mailing.
(iii)
Incomplete Service by
Commercial Carrier.
(A) Service of
original process is incomplete when:
(I) The
commercial carrier returns the package indicating that the package was
unclaimed by the defendant; or
(II)
is otherwise inconsistent with subdivision (c)(1)(ii).
(B) If service by commercial carrier is
incomplete, the party attempting service shall utilize another service method
pursuant to these rules.
(2)
Protection from Abuse and
Protection of Victims of Sexual Violence or Intimidation Matters. A
party may serve original process by commercial carrier, if authorized by the
court under subdivision (a)(2)(ii).
(d) Acceptance of Service. The defendant or the defendant's authorized agent may accept service of original process as set forth in Pa.R.Civ.P. 402(b).
(e) Time for Service.
(1)
Service Within the
Commonwealth. Within 30 days of filing the original process, a person
or party shall serve the original process on a defendant located within the
Commonwealth.
(2)
Service
Outside of the Commonwealth.
(i)
Within 90 days of filing the original process, a person or party shall serve
the original process on a defendant located outside the Commonwealth as:
(A) authorized by this rule;
(B) provided by the law of the jurisdiction
in which defendant will be served;
(C) provided by treaty; or
(D) directed by the foreign authority in
response to a letter rogatory or request.
(ii)
Protection from Abuse and
Protection of Victims of Sexual Violence or Intimidation Matters.
(A) A person shall serve original process on
a defendant located outside of the Commonwealth by personal service as
provided:
(I) in subdivision (a); or
(II) by the law in the jurisdiction where the
defendant resides or is located.
(B) If personal service is not completed
within 48 hours after the filing of the original process, a person or party may
serve a defendant located outside of the Commonwealth by other means authorized
by this rule.
(f) Service of Original Process on an Incarcerated Party.
(1) A party
serving original process on an incarcerated party in a domestic relations
action shall include:
(i) a notice of any
proceeding; and
(ii) a specific
notice of the incarcerated party's right to petition the court to participate
in the proceeding.
(2) A
party may petition the court to request that the incarcerated party participate
in a proceeding when:
(i) The incarcerated
party seeks to participate as provided by statute or rule; or
(ii) another party requires the incarcerated
party's participation or testimony.
(g) Reinstatement of Original Process.
(1) If a person or party
cannot complete service within the time required by subdivision (e), the
prothonotary shall reinstate the original process upon the party's
praecipe:
(i) accompanied by
the original process; or
(ii)
indicating that the original process has been lost or destroyed and accompanied
by a substituted original process.
(2) A person or party shall serve the
reinstated original process within the time periods set forth in subdivision
(e).
(3) A party may:
(i) request the prothonotary reinstate the
original process at any time or any number of times; or
(ii) name a new party defendant in a
reinstated original process only if the complaint or petition has not been
served on a defendant.
(h) Proof of Service.
(1)
Original Process Served
.
(i) A party or person serving the original
process shall complete a proof of service, which shall be by an affidavit if an
individual other than a sheriff serves the original process.
(ii) The proof of service shall state:
(A) The date and time of service;
(B) The place of service;
(C) The manner in which service was
made;
(D) The identity of the
person served;
(E) other facts
necessary for the court to determine whether proper service has been made;
and
(F) The additional documents
required in subdivision (h)(3), as necessary.
(2)
Personal Service Pursuant to
Subdivision (a). The proof of service shall be filed in the
appropriate filing office within ten days of the date of service.
(3)
Service by Mail or Commercial
Carrier Pursuant to Subdivisions (b) or (c).
(i)
Service Complete under
Subdivision (b)(1)(ii)(A) or (c)(1)(ii)(A).
(A) The proof of service shall include the
return receipt bearing the defendant's purported signature; and
(B) The proof of service shall be filed
within ten days of the date the defendant signed the return receipt.
(ii)
Service Complete
under Subdivision (b)(1)(ii)(B) or (c)(1)(ii)(B).
(A) The proof of service shall include:
(I) The return receipt or envelope
acknowledging delivery to the defendant's residence consistent with USPS or the
commercial carrier's policy; and
(II) an affidavit indicating the first class
regular mail was not returned within 15 days of mailing.
(B) The proof of service shall be filed
within ten days of the date:
(I) The return
receipt acknowledges delivery to the defendant's address consistent with USPS
or the commercial carrier's policy; and
(II) after the passage of time set forth in
subdivisions (b)(1)(ii)(B) or (c)(1)(ii)(B).
(iii)
Service Complete under
Subdivision (b)(1)(ii)(C) or (c)(1)(ii)(C).
(A) The proof of service shall include:
(I) The return receipt or envelope
acknowledging the attempted delivery to the defendant's residence and that
delivery had been refused; and
(II)
an affidavit stating the first class regular mail was not returned within 15
days after mailing.
(B)
The proof of service shall be filed within ten days of the date:
(I) The return receipt acknowledges the
attempted delivery to the defendant's address consistent with USPS or the
commercial carrier's policy; and
(II) after the passage of time set forth in
subdivisions (b)(1)(ii)(C) or (c)(1)(ii)(C).
(4)
Acceptance of Service
Pursuant to Subdivision (d).
(i) If
the defendant or the defendant's authorized agent accepts service of the
original process as authorized in subdivision (d), the defendant or the
defendant's authorized agent shall sign an Acceptance of Service on the form
set forth in Pa.R.Civ.P. 402(b).
(ii) The Acceptance of Service shall be filed
in the appropriate filing office within ten days of accepting
service.
(5)
Original Process Not Served.
(i) If a party or person cannot serve the
defendant within the time allowed in subdivision (e), the party or person
attempting service:
(A) shall complete a proof
of no service promptly; and
(B)
file the proof of no service in the appropriate filing office within ten days
of the expiration of time allowed for service in subdivision (e).
(ii) If a party or a person other
than a sheriff attempts service of the original process, the proof of no
service shall be by an affidavit stating with particularity the efforts made to
effect service.
(i) Appearance at Hearing or Conference. A party appearing for a hearing or conference will be deemed to have been served.
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