How to Serve Custody Papers in Pennsylvania

Original process and later papers

The papers that start a case, such as a custody complaint with its order to appear, are original process, and Pa.R.Civ.P. 1930.4 governs how they are served in domestic relations matters. Papers filed later in the case are served under Rule 440. The Unified Judicial System’s custody page says a court will not act on your case unless you have served the papers and filed proof that you followed the rules.

Personal service

A sheriff or a competent adult may serve original process (Rule 1930.4(a)(1)). A competent adult is someone 18 or older who is neither a party nor an employee or relative of a party (Rule 76). So you cannot hand the papers over yourself, and neither can a relative. The server may:

• hand a copy to the defendant;
• at the defendant’s residence, hand a copy to an adult member of the family the defendant lives with, or if none is available, to an adult in charge of the residence, or to the clerk or manager of a hotel, apartment house, or other lodging where the defendant lives; or
• at the defendant’s office or usual place of business, hand a copy to the defendant’s agent or the person in charge.

Service can also be made as the court directs by special order (Rule 1930.4(a)(2)).

Service by mail

Except in protection from abuse and sexual violence protection cases, you may serve original process by USPS first class regular mail and certified mail to the defendant’s last known address, restricting the certified mail to the addressee only and requesting a return receipt (Rule 1930.4(b)(1)). Service is complete when:

• the return receipt bears the defendant’s purported signature;
• the return receipt acknowledges delivery to the defendant consistent with USPS policy and the regular mail is not returned within 15 days; or
• the certified mail comes back marked refused, and the regular mail is not returned within 15 days.

Service is incomplete if the certified mail comes back unclaimed, and then you must use another method (Rule 1930.4(b)(1)(iii)). A commercial carrier, together with first class regular mail, works the same way, with delivery restricted to the defendant’s address and a return receipt showing the date, address, and recipient (Rule 1930.4(c)).

Acceptance of service

The defendant, or an authorized agent, can instead accept service by signing an Acceptance of Service (Rules 1930.4(d) and 402(b)), which must be filed within ten days of accepting (Rule 1930.4(h)(4)). The statewide Acceptance of Service form follows the rule.

Deadlines

• Serve a defendant inside Pennsylvania within 30 days of filing and a defendant outside Pennsylvania within 90 days (Rule 1930.4(e)).
• If you cannot serve in time, the prothonotary reinstates the original process on your praecipe, and you then serve within the same time periods (Rule 1930.4(g)).

Proof of service

The person who serves completes a proof of service, which must be an affidavit if anyone other than a sheriff served. It states the date, time, and place of service, the manner, who was served, and any other facts needed to show proper service (Rule 1930.4(h)(1)). Each method has its own ten-day filing deadline in Rule 1930.4(h). For personal service, file within ten days of the date of service; for mail or carrier service with a signed return receipt, within ten days of the date the defendant signed. If service was complete because the regular mail was not returned, the proof also includes an affidavit saying so. If you could not serve in time, you file a proof of no service describing your efforts (Rule 1930.4(h)(5)).

The statewide affidavit forms are the Affidavit of Service by Personal Service, Affidavit of Service by Certified Mail, and Affidavit of Service by Commercial Carrier.

Serving later papers

After the case starts, copies of every paper you file must be served on every other party (Rule 440(a)). If the other party has no lawyer, you can hand it to them, or mail it to or leave it at the address on their appearance or prior pleading, or their home or business. Service by mail is complete when you mail it (Rule 440(b)). Electronic service is allowed if the parties agree or an email address is on an appearance or earlier filing (Rule 205.4(g)). File a Certificate of Service of Legal Papers Other than Original Process as your county requires.

Special cases

• Contempt petitions are served by personal service or regular mail, and if mailed, the hearing may not be held sooner than seven days after mailing unless the court orders otherwise for cause (Rule 1915.12(d)).
• Relocation notices go by certified mail, return receipt requested, addressee only, or under Rule 1930.4 (Rule 1915.17(a)).
• An incarcerated defendant must be served with notice of any proceeding and a specific notice of the right to petition to take part (Rule 1930.4(f)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Pa.R.Civ.P. 1930.4, service of original process
• Pa.R.Civ.P. 76, definition of competent adult
• Pa.R.Civ.P. 402, acceptance of service
• Pa.R.Civ.P. 440, service of other legal papers
• Pa.R.Civ.P. 205.4(g), electronic service
• Pa.R.Civ.P. 1915.12, service of contempt petition
• Pa.R.Civ.P. 1915.17, relocation notice
• Unified Judicial System, custody service forms