Rule 405. Return of Service
Original process shall be served outside the Commonwealth within ninety days of the issuance of the writ or the filing of the complaint or the reissuance or the reinstatement thereof:
Note: For reissuance and reinstatement of original process, see Rule 401(b).
- When service of original process has been made the sheriff or other person making service shall make a return of service forthwith. If service has not been made and the writ has not been reissued or the complaint reinstated, a return of no service shall be made upon the expiration of the period allowed for service.
- A return of service shall set forth the date, time, place and manner of service, the identity of the person served and any other facts necessary for the court to determine whether proper service has been made.
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Proof of service by mail under Rule 403 shall include a return receipt signed by the defendant or, if the defendant has refused to accept mail service and the plaintiff thereafter has served the defendant by ordinary mail,
(1) the returned letter with the notation that the defendant refused to accept delivery, and
(2) an affidavit that the letter was mailed by ordinary mail and was not returned within fifteen days after mailing. - A return of service by a person other than the sheriff shall be by affidavit. If a person other than the sheriff makes a return of no service, the affidavit shall set forth with particularity the efforts made to effect service.
- (e) The return of service or of no service shall be filed with the prothonotary.
- A return of service shall not be required when the defendant accepts service of original process.
- The sheriff upon filing a return of service or of no service shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party.
Adopted June 20, 1985, effective January 1, 1986. Amended July 7, 1986, effective January 1, 1987; November 7, 1988, effective January 1, 1989.
- Rule 400. Person to make Service
- Rule 400.1. Provisions for all Courts of the First Judicial District
- Rule 401. Time for Service Reissuance, Reinstatement and Substitution of Original Process Copies for Service
- Rule 402 Service Upon the Individuals, Adults, Minors, Incapacitated Persons
- Rule 402.1. Service Upon the Commonwealth and Political Subdivisions
- Rule 402.2. Service Upon the Partnerships, Unincorporated Associations, and Corporations and Similar Entities
- Rule 402.3. Service Upon Additional Defendants
- Rule 403. Service by Mail
- Rule 404. Service Outside the Commonwealth
- Rule 405. Return of Service
- Rule 410. Real Property Actions
- Rule 430. Service Persuant to Special Order of Court Publication
- Rule 434.1. Subpoena to Attend and Testify
- Rule 434.2. Subpoena, Issuance, Service, Compliance, Fees, Prisoners
- Rule 434.6. Form of Subpoena
- Rule 434.9. Notice and Acknowledgement of Receipt of Subpoena by Mail