Personal Service Question

[3junebugs]

What is the name of your state (only U.S. law)? PA

Rule 308. Service Upon Individuals has a section that states: (c) at any office or usual place of business of the defendant to his agent or to the person for the time being in charge thereof, or

Does this mean you can serve the respondents supervisor or manager at work in order to get the respondent served? Is it held with the same weight in court as if the respondent themselves were served? Thanks.

 

[mistoffolees]

What is the name of your state (only U.S. law)? PA

Rule 308. Service Upon Individuals has a section that states: (c) at any office or usual place of business of the defendant to his agent or to the person for the time being in charge thereof, or

Does this mean you can serve the respondents supervisor or manager at work in order to get the respondent served? Is it held with the same weight in court as if the respondent themselves were served? Thanks.

That's what it sounds like.

However, I wouldn't do it unless there is absolutely no other way.

Service under rule 308 is rather strange. For example, section b of the above says: "to the clerk or manager of a hotel, inn, apartment house, boarding house or other place of lodging at which the defendant resides". I would not feel very comfortable with the thought that a clerk in an apartment house is being served on my behalf with important documents.

 

[3junebugs]

That's what it sounds like.

However, I wouldn't do it unless there is absolutely no other way.

Service under rule 308 is rather strange. For example, section b of the above says: "to the clerk or manager of a hotel, inn, apartment house, boarding house or other place of lodging at which the defendant resides". I would not feel very comfortable with the thought that a clerk in an apartment house is being served on my behalf with important documents.

Thanks! Its just that I have no idea what department he works in and he works in a rather large swedish furniture store I tried calling to find out but they wanted dang near my SS# to find out. He is good at dodging service so I have to be creative He knows not to answer his front door so getting him at work is usually my best bet.

Also, if I do try to get him served at home, can you serve a live in girlfriend? She is over 18. Or does it have to be an actual family member of his?

 

[mistoffolees]

Thanks! Its just that I have no idea what department he works in and he works in a rather large swedish furniture store I tried calling to find out but they wanted dang near my SS# to find out. He is good at dodging service so I have to be creative He knows not to answer his front door so getting him at work is usually my best bet.

Also, if I do try to get him served at home, can you serve a live in girlfriend? She is over 18. Or does it have to be an actual family member of his?

Apparently, a live-in girlfriend can be served. Technically, Rule 308 says "an adult in charge" but doesn't spell out what that means. In one case, at least, service upon a girlfriend was allowed:
http://www.superior.court.state.pa.us/Opinions/a16012.pdf

Keep in mind that if you serve him by serving his employer, you could cost him his job - which makes any chances of getting child support or alimony (if applicable) much lower.

 

[3junebugs]

Having some trouble getting Dad served. The professional process server has hit a wall at Dad's job. He tried to serve him in '09 also (same workplace) and had the same trouble. They will say he's there, go in the back, and come back and say, Oh sorry, he's not here.

For an expedited listing, if he is not served, does it just get continued and can we can ask for an alternate service method? Or can the server give an affidavit of his attempts and proceed with out him? Right now it is listed that he has to be personally served, not mail or third party.