Pennsylvania Code › Title 231 - RULES OF CIVIL PROCEDURE › Part I - GENERAL › Chapter 400 - SERVICE OF ORIGINAL PROCESS › SERVICE GENERALLY › Rule 401 - Time for Service. Reissuance, Reinstatement, and Substitution of Original Process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Original process shall be served within the Commonwealth within 30 days after
				  the issuance of the writ or the filing of the complaint.
Note
See
Rule 404 for the
					 time for service outside the Commonwealth.
(b)
(1) If
				  service within the Commonwealth is not made within the time prescribed by
				  subdivision (a) of this rule or outside the Commonwealth within the time
				  prescribed by Rule 404, the prothonotary upon
praecipe
and
				  upon presentation of the original process, or a copy thereof, shall continue
				  its validity by designating the writ as reissued or the complaint as
				  reinstated.
(2) A writ may be
				  reissued or a complaint reinstated at any time and any number of times. A new
				  party defendant may be named in a reissued writ or a reinstated complaint only
				  if the writ or complaint has not been served on any defendant.
Note
A new party defendant cannot be added to
					 a reissued writ or reinstated complaint if service has been completed on a
					 defendant already named in the writ or complaint. For cases involving multiple
					 defendants, a new party defendant cannot be added to a reissued writ or
					 reinstated complaint if service has been completed on any defendant already
					 named in the writ or complaint.
If a new party defendant cannot be added pursuant to this
					 rule, other procedures are available. See Rule 229 to discontinue the action
					 and to start a new action; Rule 1033 to amend the caption of a pleading by
					 agreement of the party or by leave of court; and Rule 2232 to seek leave of
					 court for an order joining a defendant.
(3) A substituted writ may be issued or a
				  substituted complaint filed upon
praecipe
stating that the
				  former writ or complaint has been lost or destroyed.
(4) A reissued, reinstated, or substituted
				  writ or complaint shall be served within the applicable time prescribed by
				  subdivision (a) of this rule or by Rule 404 after reissuance, reinstatement, or
				  substitution.
(5) If an action is
				  commenced by writ of summons and a complaint is thereafter filed, the
				  plaintiff, instead of reissuing the writ, may treat the complaint as
				  alternative original process and as the equivalent for all purposes of a
				  reissued writ, reissued as of the date of the filing of the complaint.
				  Thereafter the writ may be reissued, or the complaint may be reinstated as the
				  equivalent of a reissuance of the writ, and the plaintiff may use either the
				  reissued writ or the reinstated complaint as alternative original process.
Note:
If the applicable time has passed after
					 the issuance of the writ or the filing of the complaint, the writ must be
					 reissued or the complaint reinstated to be effective as process. Filing or
					 reinstatement or substitution of a complaint, which is used as alternative
					 process under this subdivision, has been held effective in tolling the statute
					 of limitations as the reissuance or substitution of a writ.