Pennsylvania Sample Letter for Request to Serve Summons Upon Defendants
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How to fill out Sample Letter For Request To Serve Summons Upon Defendants?
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FAQ
You cannot personally serve the other party. A competent person over the age of 18, who is not a party on the case, or a family member; can serve the other party for you. This person could be a friend, sheriff, constable, etc. You can also serve them via mail or serve their attorney.
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.
(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.
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.
If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been served.
?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.
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.
