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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22371
Experience:  20 years of experience practicing law.
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Customer Question

who may serve subpeonas in Pennsylvania?
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.

Sam :

Hi

Sam :

This can be found in the Civil Rules of Procedure

Sam :

It may be served by the sheriff, and also by a competent adult in the following actions. The adult must be at least 18 years of age and not a party to the action

Sam :

Additionally, Service may be made by mail

Sam :

Rule 403. Service by Mail


If a rule of civil procedure authorizes original process to be served by mail, a copy of the process shall be mailed to the defendant by any form of United States mail requiring a receipt signed by the defendant or the defendant’s authorized agent. Service is complete upon the defendant or the defendant’s authorized agent signing the required receipt.



  • If the mail is returned with notation by the postal authorities that the defendant refused to accept the mail, the plaintiff shall have the right of service by mailing a copy to the defendant at the same address by ordinary mail with the return address of the sender appearing thereon. Service by ordinary mail is complete if the mail is not returned by the postal authorities to the sender within fifteen days after mailing.

  • If the mail is returned with notation by the postal authorities that it was unclaimed, the plaintiff shall make service by another means pursuant to these rules

Sam :

You may use this link to review the Civil Rules of Procedure

Sam :

As there are other ways according to the type of matter you are dealing with

Sam :
Customer :

Can a private detective serve subpeonas etc? I have a judge in York County that refuses to accept my proof of service. According to the judge only county sherrifs can serve subpeonas etc.

Sam :

What type of matter are you involved in, please

Sam :

As you can see by the Rules, a competent adult, not a party to the action may make serive.

Sam :

I suggest you can show the Judge the Rules and request he be specific as to why it needs to only be served by a Sheriff

Sam :

And you can see what the definition of a Competent Adult is here, as I explained it.

Sam :

The problem may be that it says a Competent Adult cannot be a family member or Employee

Sam :

of the party. And if it was a PI that was in your employ that is the problem

Customer :

I have been a private detective for ten years and have served many subpeonas around the state. I have never ran into this problem. I had to serve 8 people in York County including the mayor. When the attorney I was woking for was informed by the judge my affadavids of serve were invalid because they were not servered by a county sherrif. I'm wondering if the mayor and the judge got together and this is one of their my stall tactics.

Sam :

Ok

Sam :

So you are employed by the attorney, but you know for some reason this judge is saying the client is paying and therefore you are actually an employee of the cliet

Sam :

*client it what it appears to me

Sam :

It seems the Judge is really splitting hairs

Sam :

So it will be up to the attorney to say that you are his employee and the client is not being billed for your services

Sam :

Competent adult—An individual eighteen years of age or older who is neither a party to the action nor an employee or a relative of a party.

Sam :

See what it says? Judge seems to be splitting those hairs and may be at the behest of the Mayor, as you state

Sam :

So as I stated, the attorney you work for must show the judge that he is not going to bill his client for your services.

Sam :
Customer :

I am employed by the attorney. The client is paying the attorney and he pays me. Also can you give me the statiute law on subpeona serving rules?

Sam :

I provided you with the blue link for the Rules of Civil Procedure that cover all of that

Sam :

And as I said, the Judge seems to be splitting hairs. I suppose if you are on a salary, then the attorney you are employed by can show that you are not being billed to the client and therefore you are not the party's employee

Customer :

Ok I will look them up. What do think of this problem?

Sam :

I gave you the link and my assessment of the situation.

Sam :

Can you see what I have been writing here?

Sam :

Once you accept, this will convert to a Q&A and you can access all the links I have provided for you

Sam :

And the attorney you work for should have the Rules in his office

Sam :

And as I stated, you need to get the attorney to show you are not being billed to the client

Sam :
Customer :

Yes. Thank you for your assistance.

Sam :

You're welcome. Sounds fishy to me, btw

Sam :

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