SERVICE IN PARTICULAR ACTIONS


Rule 410. Real Property Actions.

 (a)  In actions involving title to, interest in, possession of, or charges or liens upon real property, original process shall be served upon the defendant in the manner provided by Rule 400 et seq.

 (b)(1)  If in an action involving an interest in real property the relief sought is possession or mortgage foreclosure, original process also shall be served upon any person not named as a party who is found in possession of the property. The sheriff shall note the service in the return.

   (2)  If the relief sought is possession, the person so served shall thereupon become a defendant in the action. Upon praecipe of the plaintiff the prothonotary shall index the name of the person found in possession as a party to the action.

   (3)  If the relief sought is mortgage foreclosure, the person so served shall not thereby become a party to the action.

 (c)  If service is made pursuant to an order of court under Rule 430(a), the court shall direct one or more of the following methods of service:

   (1)  publication as provided by Rule 430(b),

   Official Note

   See Rule 1064 for additional requirements for service of original process by publication for actions to quiet title involving subsurface mineral, oil, or natural gas rights.

   (2)  posting a copy of the original process on the most public part of the property,

   (3)  registered mail to the defendant’s last known address, and

   (4)  such other methods, if any, as the court deems appropriate to give notice to the defendant.

Source

   The provisions of this Rule 410 adopted July 5, 1985, effective January 1, 1986, 15 Pa.B. 2452; amended June 14, 1999, effective September 1, 1999, 29 Pa.B. 3191; amended November 29, 2016, effective January 1, 2017, 46 Pa.B. 7933; amended December 30, 2016, effective January 1, 2017, 47 Pa.B. 178. Immediately preceding text appears at serial page (385495). (Editor’s Note: The Supreme Court of Pennsylvania suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)



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