Current through Register Vol. 54, No. 49, December 7, 2024
Rule 506 - [Effective 1/1/2025] Service of Complaint(a) The magisterial district judge shall serve the complaint by mailing a copy of it to the tenant's last known address by first class mail and noting on the docket the date of such mailing, and by delivering a copy of it for service to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is situated. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth. The officer receiving the copy shall serve it by handing it to the tenant or to an adult person in charge for the time being of the premises possession of which is sought to be recovered, if found, and by posting it conspicuously on those premises. (b) The copy shall be served at least five days before the hearing. Comment:
Under subdivision (a), service must be made both by first class mail and delivery for service in the manner prescribed. It is expected that the officer serving the complaint will exercise due diligence when attempting personal service upon the tenant. This may be demonstrated by, among other things, attempting service at varying times of day, making a reasonable number of knocks upon the tenant's door, knocking at all available doors of the premises, or announcing the officer's presence. Posting is required in all cases to facilitate notice to an occupant of the property.
In actions where wage garnishment may be sought under Pa.R.Civ.P. 3311, the landlord may authorize the sheriff or constable to make personal service upon the tenant. The landlord may authorize the sheriff or constable to make additional attempts to effectuate personal service upon the tenant so the landlord can later prove such service if attempting to garnish wages under Pa.R.Civ.P. 3311. Additional service attempts by the sheriff or constable may result in additional fees.
The provisions of this Rule 506 adopted October 15, 1969, effective 1/1/1970; amended July 8, 1975, effective immediately; amended October 17, 1975, effective in 90 days; amended January 29, 1976, effective in 30 days; amended April 25, 1979, effective in 30 days; amended June 30, 1982, effective 30 days after July 17, 1982; amended July 16, 2001, effective 8/1/2001; amended January 6, 2005, effective 1/29/2005; amended June 2, 2008, effective 6/9/2008; amended December 20, 2013, effective 2/20/2014, 44 Pa.B. 13, 14; amended August 19, 2020, effective 1/1/2021, 50 Pa.B. 4491.Amended by Pennsylvania Bulletin, Vol 54, No. 19. May 11, 2024, effective 1/1/2025