246 Pa. Code r. 314 - Return, Waiver and Failure of Service; Reinstatement
A. The person serving the complaint shall, at
or before the time of the hearing, make proof of service which shall show (1)
the manner of service, (2) the date, time, and place of service and, (3) the
name and relationship or title, if any, of the person on whom the complaint was
served. The proof of service shall be filed with the original
complaint.
B. When service is made
by certified mail or comparable delivery method resulting in a return receipt
in paper or electronic form, the return receipt shall be filed with the
original complaint.
C. The
appearance of a defendant in person or by representative or the filing by a
defendant of a claim in the case shall be deemed a waiver of any defect in
service but not a waiver of a defect in venue.
D. If the complaint is not served on the
defendant in time to permit holding a hearing within 60 days of the filing of
the complaint, the magisterial district judge shall dismiss the complaint
without prejudice.
E.
(1) When the complaint is dismissed without
prejudice for failure to make service pursuant to paragraph D of this rule as
to all defendants, upon written request of the plaintiff the complaint may be
reinstated at any time and any number of times. The date of reinstatement shall
be the date upon which the request for reinstatement is filed.
(2) When the complaint has been filed against
multiple defendants and subsequently dismissed without prejudice for failure to
make service pursuant to paragraph D of this rule as to less than all
defendants, any further action against an unserved defendant after a hearing on
the merits or the entry of a default judgment must be initiated by the filing
of a new complaint.
Notes
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