Pennsylvania Service of Process Rules
Pennsylvania
State Serve Rules
Affidavit
Notary
Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
18
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Not Required
Mail if subserve
No
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
Not Required
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - TM
1) Personal 2) Posting
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
No
Mail SLA
n/a
Proof Specialists
Server/Marshal Required?
Server
**Server eligibility - Court of Common Pleas:**
According to PA ST RCP Rule 400, service of process in PA must be done by the sheriff, except in these cases where a "competent adult"* may also serve:
1. Domestic relations matters (PA ST RCP Rule 1930.4)
2. Service in the first Judicial District (Philadelphia County) (Rule 400.1)
3. Specific exceptions allowing competent adults to serve process in limited civil actions (Rule 400(b)):
- Actions seeking injunctive relief under Rule 1531, perpetuation of testimony under Rule 1532, or appointment of a receiver under Rule 1533
- Partition actions
- Declaratory judgment actions when declaratory relief is the only relief sought.
- Diversity cases where there is complete diversity of citizenship between all plaintiffs and defendants, and at least one defendant is a Pennsylvania citizen (For corporations, a corporation is considered a citizen of both its state of incorporation and its principal place of business).
4. Out of state service (PA ST RCP Rule 404)
5. Subpoenas
*"competent adult" means an individual eighteen years or older who is neither a party to the action nor an employee or a relative of a party (Rule 76).
**PUBLIC ENTITY - COUNTIES, CITIES, ETC.**
+ Presiding officer of the governing body or their agent
**MINOR OR INCAPACITED PERSON**
+ Individually or Parent, Guardian, conservator of Estate
**POSTING (EVICTIONS)**
+ Allowed
**Notary:** Required if not sheriff
**Civil Subpoenas: No Special Rules**
**Can serve on Sundays**
**INDIVIDUAL 14+**
+ Personal
+ Substituted
+ Dwelling/house/Usual place of abode
- Family member living there 18 years or older
+ Work/Business
- Leave with person in charge
+ Residing in Hotel/Boarding Room
- Manager of Hotel/Boarding Room/etc.
**PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS**
+ Registered agent, clerk on duty in the office of a registered agent, partner or general partner
- Substituted service per above upon the registered agent, officer, or director
- Sub service on any clerk or agent of the corporation who may be found in the county where the action is filed
**CORPORATIONS**
+ Registered agent, clerk on duty in the office of a registered agent, officer, or director of the corporation
- Substituted service per above upon the registered agent, officer, or director
- Sub service on any clerk or agent of the corporation who may be found in the county where the action is filed
**PUBLIC ENTITY - STATE**
+ Attorney General, or a person designated by the Attorney General in office
**LLC**
+ Registered agent, clerk on duty in the office of a registered agent, manager, or member
- Substituted service per above upon the registered agent, officer, or director
- Sub service on any clerk or agent of the corporation who may be found in the county where the action is filed
