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PA Bulletin, Doc. No. 98-1828

THE COURTS

Title 231--RULES OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 400]

Proposed Amendments Governing Service Upon Associations; Proposed Recommendation No. 149

[28 Pa.B. 5570]

   The Civil Procedural Rules Committee proposes that Rules of Civil Procedure 423 and 424 governing service of original process on associations (partnerships, unincorporated associations, corporations and similar entities) be amended as set forth in this recommendation. The recommendation is being published to the bench and bar for comments and suggestions prior to its submission to the Supreme Court.

   All communications in reference to the proposed recommendation should be sent not later than February 1, 1999 to: Harold K. Don, Jr., Esquire, Counsel, Civil Procedural Rules Committee, 5035 Ritter Road, Suite 700, Mechanicsburg, Pennsylvania 17055, Or E-Mail to civil.rules @supreme.court.state.pa.us

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules nor will it be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 400.  SERVICE OF ORIGINAL PROCESS

SERVICE UPON PARTICULAR PARTIES

Rule 423.  Partnerships and Unincorporated Associations.

   Service of original process upon a partnership and all partners named in the action or upon an unincorporated association shall be made upon any of the following persons provided the person served is not a plaintiff in the action:

   (1)  any partner, officer or registered agent of the partnership or association, or

   (2)  an agent authorized by the partnership or association in writing to receive service of process for it, or

   (3)  the manager, clerk or other person for the time being in charge of any regular place of business or activity of the partnership or association, or

   (4)  a person responsible for receiving visitors, or business mail or deliveries addressed to the partnership or association, at any office or regular place of business or activity of the partnership or association.

Rule 424.  Corporations and Similar Entities.

   Service of original process upon a corporation or similar entity shall be made by handing a copy to any of the following persons provided the person served is not a plaintiff in the action:

   (1)  an executive officer, partner or trustee of the corporation or similar entity, or

   (2)  the manager, clerk or other person for the time being in charge of any regular place of business or activity of the corporation or similar entity, or

   (3)  an agent authorized by the corporation or similar entity in writing to receive service of process for it, or

   (4)  a person responsible for receiving visitors, or business mail or deliveries addressed to the corporation, at any office or regular place of business or activity of the corporation.

Explanatory Comment

   Rule 423 governing service of original process upon partnerships and unincorporated associations and Rule 424 governing service of original process upon corporations and similar entities provide, inter alia, a method of service whereby a copy of process may be handed to ''the manager, clerk or other person for the time being in charge of any regular place of business or activity''. It has been suggested, however, that a barrier of a receptionist or security guard often makes such service difficult to effect. To prevent a party to an action from avoiding service by interposing such a barrier, it is proposed that Rules 423 and 424 be amended by adding paragraph (4) to each rule, providing that service may be made upon ''a person responsible for receiving visitors, or business mail or deliveries addressed to'' the particular association, at any office or regular place of business of the association.

By the Civil Procedural Rules Committee

EDWIN L. KLETT,   
Chairperson

[Pa.B. Doc. No. 98-1828. Filed for public inspection November 6, 1998, 9:00 a.m.]


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