Section 404. Service Outside the Commonwealth  


Latest version.
  • 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).