2165 Order amending Rule 313 of the rules of conduct, office standards and civil procedure for district justices; no. 121; magisterial doc. no. 1; book no. 2

Title 246--MINOR
COURT RULES

PART I.  GENERAL

[246 PA. CODE CH. 300]

Order Amending Rule 313 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices; No. 121; Magisterial Doc. No. 1; Book No. 2

[29 Pa.B. 6467]

Order

Per Curiam:

   Now, this 6th day of December 1999, upon the recommendation of the Minor Court Rules Committee, Rule 313 of the Rules of Conduct, Office Standards and Civil Procedure for District Justices, is amended to read as follows. In addition, a Final Report is to be published with this Order.

   This Order shall be processed in accordance with Pa.R.J.A. 103(b), and shall be effective July 1, 2000.

Annex A

TITLE 246.  MINOR COURT RULES

PART I.  GENERAL

CHAPTER 300.  CIVIL ACTION

Rule 313.  Service Outside the Commonwealth.

   When service of the complaint is to be made upon a defendant outside the Commonwealth, it shall be made:

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   (2)  by certified or registered mail as provided by Rule 308, 309 or 310, whichever is applicable;

   (a)  [but] if the registered or certified mail is returned with a notation by the postal authorities that receipt was refused, then the district justice may [make service] serve the complaint by sending a copy of the complaint by ordinary mail to the same address with the return address on the envelope[, unless the ordinary mail is returned]. Service by ordinary mail is complete if the mail is not returned to the sender with fifteen days after the mailing; or

   (b)  if the mail is returned with a notation by the postal authorities that it was unclaimed, the plaintiff shall make service by another means pursuant to these rules, or

   (3)  in the manner provided or prescribed by the law of the place in which service is to be made for service in that place in an action in any of its courts of general jurisdiction.

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FINAL REPORT¹

   On December 6, 1999, upon the recommendation of the Minor Court Rules Committee, the Supreme Court amended Rule 313 (Service Outside the Commonwealth) of the Rules of Conduct, Office Standards and Civil Procedure for District Justices. This amendment provides what form of service is required when service of a complaint is attempted by certified or registered mail and the mail is returned with a notation by the postal authorities that it was ''unclaimed.''

   The Committee began its review of this Rule after it received a letter which stated that although Rule 313 provides that when service of a complaint is attempted by certified or registered mail and the mail is returned with a notation by the postal authorities that it was ''refused,'' service may then be made by sending a copy of the complaint by ordinary mail to the same address with the return address on the envelope. The Rule was silent on what form of service is required when service of a complaint is attempted by certified or registered mail and the mail is returned with a notation by the postal authorities that it was ''unclaimed.''

   The Committee after considering this issue, including a review Rule 403 (Service by Mail) of the Rules of Civil Procedure, have decided that when service of a complaint is attempted by certified or registered mail and the mail is returned with a notation by the postal authorities that it was ''unclaimed.'' Then, service may be made by another means pursuant to these rules.

[Pa.B. Doc. No. 99-2165. Filed for public inspection December 23, 1999, 9:00 a.m.]

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