Service of Process and Statutes of Limitations Flashcards
Forms of Process (within PA)
1) By filing complaint (serves as both pleading and process);
2) Praecipe (notice of lawsuit, pleading follows later)
Effect of filing Praecipe
1) writ of summons issued to defendant;
2) Defendant may request plaintiff to file complaint;
3) Plaintiff’s failure to file complaint w/in 20 days allows D to file for judgment of non pros;
4) Later-filed complaint need not be served under service of process rules, is filed and served like all other pleadings
Who May Serve (within PA)?
1) County sheriff where action commenced (that sheriff can deputize if service is outside county);
2) Any non-party adult (non relative, non employee) if
a) in Philadelphia County or
b) action is in equity, seeking partition/prevent waste, for DJ only, or a domestice relations matter
Who May Serve (outside PA)?
1) any person authorized to make service under local or PA law or
2) other persons authorized by court.
Acceptable Manner of Service (within PA)
1) personal service
2) leaving a copy with adult family member at residence
3) handing copy to person in charge at place of business;
4) mail, where 1-3 fails and court authorizes IF a) first attempted by certified mail where recipient must sign b) then regular mail, if D refuses to accept; and c) is complete if mail is not returned w/in 15 days;
5) publication, where permitted or authorized by court (in newspaper of general circulation and includes names of parties, caption, and nature of action)
Acceptable Manner of Service (outside PA)
1) Any method authorized for service inside PA;
2) any method authorized by local law of jurisidiction where served;
3) any form of mail requiring signed receipt
Time for Service (Within PA)
30 Days
May take place any day of the week, but NOT at any house of worship,
Can be reissued to start new 30 day window.
Failure to raise objection to improper service (outside of 30 day window) waives objection if not made in timely and proper fashion.
Defects of service alone must be argued only after P serves complaint (not merely writ of summons).
Time for Service (Outside of PA)
90 days.
Return of service must identify date, time, place and manner of service.
Return of Service
In PA: sheriff must state when, where and on whom service was made. Return not required when defendent/auth agent accepts service.
Outside PA: Proof of service may be made by 1) affidavit of individual who made service or 2) in the manner provided by PA or place of service
Actions with One Year Statute of Limitations
Libel
Slander
Invasion of Privacy
Actions with Two Year Statute of Limitations
Torts
Personal Injury
Wrongful Death
Actions with Four Year Statute of Limitations
Contracts
Actions with Five Year Statute of Limitations
Enforcement/Specific Performance of Real Estate sales contracts
Actions with Six Year Statute of Limitations
Civil actions not subject to specific statute of limitations
Actions with 12 Year Statute of Limitations
Child Abuse
