Section 405. Return of Service

(a) When service of original process has been made the sheriff or other person making service shall make a return of service forthwith. If service has not been made and the writ has not been reissued or the complaint reinstated, a return of no service shall be made upon the expiration of the period allowed for service.

Official Note

See Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976), with respect to original process as a means of tolling the statute of limitations, wherein the Court stated that original process ‘‘shall remain effective to commence an action only if the plaintiff then refrains from a course of conduct which serves to stall in its tracks the legal machinery he has just set in motion.’’

(b) A return of service shall set forth the date, time, place and manner of service, the identity of the person served and any other facts necessary for the court to determine whether proper service has been made.

(c) Proof of service by mail under Rule 403 shall include a return receipt signed by the defendant or, if the defendant has refused to accept mail service and the plaintiff thereafter has served the defendant by ordinary mail,

(1) the returned letter with the notation that the defendant refused to accept delivery, and

(2) an affidavit that the letter was mailed by ordinary mail and was not returned within fifteen days after mailing.

(d) A return of service by a person other than the sheriff shall be by affidavit. If a person other than the sheriff makes a return of no service, the affidavit shall set forth with particularity the efforts made to effect service.

(e) The return of service or of no service shall be filed with the prothonotary.

(f) A return of service shall not be required when the defendant accepts service of original process.

(g) The sheriff upon filing a return of service or of no service shall notify by ordinary mail the party requesting service to be made that service has or has not been named upon a named party.

The provisions of this Rule 405 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended July 7, 1986, effective January 1, 1987, 16 Pa.B. 2716; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5333; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191. Immediately preceding text appears at serial page (256956).