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231 Pa. Code Rule 404. Service Outside the Commonwealth.

Rule 404. Service Outside the Commonwealth.

 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:

   Official Note

   For reissuance and reinstatement of original process, see Rule 401(b).

   (1)  by a competent adult in the manner provided by Rule 402(a);

   Official Note

   See Rule 76 for the definition of ‘‘competent adult.’’

   (2)  by mail in the manner provided by Rule 403;

   (3)  in the manner provided by the law of the jurisdiction in which the service is made for service in an action in any of its courts of general jurisdiction;

   (4)  in the manner provided by treaty; or

   Official Note

   A treaty may provide that to effect service a plaintiff must satisfy requirements which are in addition to the procedures specified by this rule.

   (5)  as directed by the foreign authority in response to a letter rogatory or request.

   Official Note

   Sections 5323 and 5329(2) of the Judicial Code, 42 Pa.C.S. § §  5323, 5329(2), provide additional alternative procedures for service outside the Commonwealth.


   The provisions of this Rule 404 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767. Immediately preceding text appears at serial pages (245988) and (202617).

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