Pennsylvania State Process Server
$169 Routine - $219 Rush
In Pennsylvania, the rules for process serving—which refers to delivering legal documents such as summons, complaints, subpoenas, and other court notices—are governed by the Pennsylvania Rules of Civil Procedure, particularly Rule 400 and related rules. Below are the key points for process serving in Pennsylvania:
1. Who Can Serve Process
- Sheriffs: A sheriff is authorized to serve process in Pennsylvania, but this service usually involves additional costs.
- Private Process Servers: In Pennsylvania, individuals who are not part of the sheriff's office can serve process. However, they must be over 18 years old and not a party to the case.
- Certified Process Servers: Some counties may have certifications or registrations for private process servers, but this is not universally required.
2. Methods of Service
Pennsylvania provides several methods of service for different types of documents. Common methods include:
- Personal Service (Hand Delivery): The most common method. The process server hands the documents directly to the person being served.
- Substituted Service: If the person cannot be located, the documents may be left with a competent adult (at least 18 years old) at the defendant’s home or business, and notice must be mailed.
- Service by Mail: In some cases, service by certified mail with return receipt may be permitted.
- Service by Publication: If the person cannot be found after diligent efforts, notice can be given in a newspaper of general circulation.
3. Timeframe for Service
- Service of process must generally occur within 30 days after the initiation of the case (the filing of the complaint). If service is not completed within this time, the plaintiff may need to request an extension from the court.
- The defendant must have reasonable notice of the legal action for the court to proceed with the case.
4. Proof of Service
- After service, the process server must provide proof of service, often using an affidavit of service or a certificate, outlining the method and time of service. This is important because the court needs confirmation that the defendant received notice.
5. Service on Corporations or Organizations
- Service can be made to the registered agent or the office of the corporation in Pennsylvania. If a company is not registered in Pennsylvania, service can be directed to the Secretary of the Commonwealth.
6. Special Rules for Certain Types of Cases
- Family Law: For child custody or divorce cases, service may have special requirements, such as service on the other party's attorney or via specific means.
Landlord-Tenant: Service for eviction notices follows its own set of procedures and timeframes. Personal service or posting on the property may be used.