Pennsylvania State Court Summons or Service of Process

State:
Multi-State
Control #:
US-03186BG
Format:
Word; 
Rich Text
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Description

Service of process or a summons usually involves attaching a copy of the complaint to a summons which is served on the defendant. The summons explains to the defendant what is going on and certain rights that that the defendant has. The summons explains:A. That the defendant is being sued;
B. The name of the Court in which he is being sued;
C. When he must file an answer; and
D. The fact that a default judgment will be entered if no answer is filed.


The summons (or process) is delivered by an office of the court. In many state courts, this can be a deputy sheriff or a professional process server. In exceptional circumstances, when the defendant can not be found, service may be made by publication in a newspaper. The summons must normally be served on the individual defendant. Some states allow service on a member of defendants household if the defendant is not available. A plaintiff must serve a corporate defendant by serving the registered agent or an appropriate officer of the corporation.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


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FAQ

Service of Summons; Proof of Service. (A) The summons shall be served upon the defendant by both first class mail and certified mail, return receipt requested. A copy of the complaint shall be served with the summons.

A Pennsylvania registered agent for service of process is an individual or business designated to receive legal documents on behalf of your business. He or she must have a registered office, which is a physical address in the state. This cannot be a PO box.

If you've been served with a lawsuit in Pennsylvania state court, you generally have about 30 days to respond to the Complaint (more on that below). You have only 21 days if you are sued in federal court.

RULE 511. SERVICE OF SUMMONS; PROOF OF SERVICE. (A) The summons shall be served upon the defendant by both first class mail and certified mail, return receipt requested. A copy of the complaint shall be served with the summons.

?A proof of service shall contain a statement of the date and manner of service and of the names of the persons served. Under 18 Pa. C.S. § 4904 (unsworn falsification to authorities) a knowingly false proof of service constitutes a misdemeanor of the second degree.

Code § 440. Rule 440 - Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action.

Original process requires the responding party to be served either by certified mail (with the signed green card attached), personal service, service to attorney of record, or both certified and regular mail. Serving the responding party by regular mail alone is not service of original process.

Rule 440 - Certificate of Service (1) Copies of all legal papers other than original process that are required to be served on each party to the action pursuant to Pa. R.C.P. 440, shall include a Certificate of Service, which sets forth the date and manner of service.

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Pennsylvania State Court Summons or Service of Process