2548 Amendment of rule 400.1 governing service of original process to include the fifth judicial district (Allegheny County); proposed recommendation no. 220

Title 231--RULES
OF CIVIL PROCEDURE

PART I.  GENERAL

[231 PA. CODE CH. 400]

Amendment of Rule 400.1 Governing Service of Original Process to Include the Fifth Judicial District (Allegheny County); Proposed Recommendation No. 220

[36 Pa.B. 7956]
[Saturday, December 30, 2006]

   The Civil Procedural Rules Committee is proposing that Rule of Civil Procedure 400.1 governing service of original process in the First Judicial District be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than February 16, 2007 to:

   Harold K. Don, Jr.
Counsel
Civil Procedural Rules Committee
Supreme Court of Pennsylvania
5035 Ritter Road, Suite 700
Mechanicsburg, PA 17055
 
or E-Mail to
[e-mail]

   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 of civil procedure or 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 GENERALLY

Rule 400.1.  Provisions for [All Courts of] the First and Fifth Judicial [District] Districts.

   (a)  In an action commenced in the First or Fifth Judicial District, original process may be served

   (1)  within the county by the sheriff or a competent adult, or

   (2)  in any other county by deputized service as provided by Rule 400(d) or by a competent adult forwarding the process to the sheriff of the county where service may be made.

   Official Note:  See Rule 76 for the definition of ''competent adult.''

   The First and Fifth Judicial [District is] Districts are comprised of Philadelphia and Allegheny Counties, respectively.

   (b)  In an action commenced in any other county, original process may be served in Philadelphia or Allegheny County by deputized service as provided by Rule 400(d) or by a competent adult.

*      *      *      *      *

Explanatory Comment

   The Civil Procedural Rules Committee is proposing the amendment of Rule 400.1 governing service of original process following a request by the President Judge of the Fifth Judicial District (Allegheny County) ''to allow actions commenced in the Fifth Judicial District to be served within the county by a competent adult and in any other county by a competent adult forwarding the process to the sheriff of the county where service may be made.'' The amendment was requested in light of the inability of the Sheriff's Office to provide security in the Civil Division and Administrative Offices of the judicial district due to ''budgetary constraints and understaffed work force.''

   Attorneys would have the option to have original process served by the sheriff under the amended rule.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 06-2548. Filed for public inspection December 29, 2006, 9:00 a.m.]