Section 420. Minors

When the defendant is a minor, original process shall be served

(1) upon the minor in the manner prescribed for the service of original process upon an adult defendant, or

(2) by handing a copy to the minor’s guardian.

Official Note

Rule 76 defines ‘‘minor’’ and Rule 2026 defines ‘‘guardian.’’ The plaintiff cannot obtain a valid judgment against the minor until a guardian has been appointed; and a judgment obtained without the appointment of a guardian may be vacated and a guardian appointed forthwith, in accordance with Rule 2034. In all instances, the court in appointing a guardian for a minor may require that the guardian be served with copies of the pleadings already served upon the minor or others and may also grant such continuance as is necessary to prepare and present the case of the minor. The court may also make orders extending the time for filing pleadings on behalf of the minor.

The provisions of this Rule 420 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; rescinded June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191.