Current through Register Vol. 54, No. 19, May 11, 2024
Rule 314 - Return, Waiver and Failure of Service; ReinstatementA. 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.The provisions of this Rule 314 amended October 17, 1975, effective in 90 days; amended effective 3/24/1977; amended April 25, 1979, effective in 30 days; June 30, 1982 effective 30 days after July 17, 1982; March 27, 1992, effective 6/25/1992; amended February 12, 2002, effective immediately, 32 Pa.B. 1176; amended July 3, 2003, effective 1/1/2004, 33 Pa.B. 3491; amended April 22, 2004, effective 7/1/2004, 34 Pa.B. 2464; amended July 21, 2014, effective 8/20/2014, 44 Pa.B. 5183; amended April 20, 2018, effective 7/1/2018, 48 Pa.B. 2617.