§ 5323. Service of process on persons outside this Commonwealth.
(a) Manner of service.--When the law of this Commonwealth authorizes service of process outside this Commonwealth,
the service, when reasonably calculated to give actual notice, may be made:
(1) By personal delivery in the manner prescribed for service within this Commonwealth.
(2) In the manner provided or prescribed by the law of the place in which the service
is made for service in that place in an action in any of its courts of general jurisdiction.
(3) By any form of mail addressed to the person to be served and requiring a signed receipt.
(4) As directed by the foreign authority in response to a letter rogatory.
(5) As directed by a court.
(b) Proof of service.--Proof of service outside this Commonwealth may be made by affidavit of the individual
who made the service or in the manner provided or prescribed by the law of this Commonwealth,
the order pursuant to which the service is made, or the law of the place in which
the service is made for proof of service in an action in any of its courts of general
jurisdiction. When service is made by mail, proof of service shall include a receipt
signed by the addressee or other evidence of personal delivery to the addressee satisfactory
to the tribunal.
(c) Individuals eligible to make service.--Service outside this Commonwealth may be made by an individual permitted to make service
of process under the law of this Commonwealth or under the law of the place in which
the service is made or who is designated by a tribunal of this Commonwealth.
(d) Certain individuals to be served.--When the law of this Commonwealth requires that in order to effect service one or
more designated individuals be served, service outside this Commonwealth under section
5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth)
must be made upon the designated individual or individuals.
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 449, adopted June 3, 1994, provided that
section 5323 shall not be deemed suspended or affected by Rules 400 through 441 relating
to service of original process and other legal papers.
Cross References. Section 5323 is referred to in section 5329 of this title; section 2576 of Title 15
(Corporations and Unincorporated Associations).
Notes of Decisions
Cited in
19
cases (
3 in the last 5 years), 1981–2025 · leading case:
Romeo v. Looks, 535 A.2d 1101 (Pa. 1987).
Romeo v. Looks, 535 A.2d 1101 (Pa. 1987).
· cites it 4× “See: 42 Pa.C.S. § 5323(a). See also: Stateside Machinery Co.”
Harris v. NGK North Am., Inc., 19 A.3d 1053 (Pa. Super. Ct. 2011).
· cites it 2× “S. § 5323(a)(3). Second, we note that much of [the defendant’s] argument, as well as that of the cases it cites for support, focuses upon Japan’s “intent” in not objecting to Article 10(a), thus bringing the argument beyond the language of the Hague Convention itself.”
Aquilino v. Philadelphia Catholic Archdiocese, 884 A.2d 1269 (Pa. Super. Ct. 2005).
“In serving the complaint upon Father D’Onofrio, Aquili-no properly relied upon Pennsylvania’s long-arm statute, 42 Pa.C.S. § 5323 and Pa.R.C.P. 404. ¶28 Aquilino utilized Federal Express to deliver the complaint to the Peruvian address, which had been provided by the Archdiocese.”
In re Arthur Treacher's Franchisee Litig., 92 F.R.D. 398 (E.D. Pa. 1981).
“Enlarging the doctrine “beyond the reason upon which it is founded” would result if this Court denied the effect of the personal service upon Horstmyer notwithstanding the fact that he could have been validly served in his home state pursuant to Pennsylvania’s long-arm statute,…”
Kittanning Coal Co. v. Int'l Mining Co., 551 F. Supp. 834 (W.D. Pa. 1982).
· cites it 2× “2079(c)(5) was promulgated upon the authority of 42 Pa.Cons.Stat. § 5323 which provides the statutory basis for service of process on non-residents (i.”
Reichert v. TRW, INC., 561 A.2d 745 (Pa. 1989).
“” 42 Pa.C.S. § 5323(a)(3) (1981). Because section 5323 was not rescinded when the supreme court promulgated the new consolidated chapter on service, both rule 424 and section 5323 must be given effect, if possible.”
Allen Organ Co. v. ELKA S.P.A., 615 F. Supp. 328 (E.D. Pa. 1985).
“Subdivision (c)(3) of that rule makes reference to 42 Pa.Cons.Stat.Ann. § 5323, which in turn authorizes service outside the Commonwealth “By any form of mail addressed to the person to be served and requiring a signed receipt”.”
Robert E. Diehl, Inc. v. Morrison, 590 F. Supp. 1190 (M.D. Penn. 1984).
“We do not think the difference in the rules is material in light of 42 Pa.C.S. § 5323 which requires, among other things, when service is made by mail, a signed receipt or other evidence of personal delivery.”
Bywaters v. Bywaters, 721 F. Supp. 84 (E.D. Pa. 1989).
“5 The parallel to this case is patent, and thus I hold that *87 § 5532(b) precludes tolling of the statute of limitations where a plaintiff knows the defendant’s out-of-state address and can serve him there by certified mail under 42 Pa.C.S. § 5323(a)(3). Whether plaintiff…”
Univ. of Pennsylvania v. Halpern, 2009 Mass. App. Div. 172 (Mass. Dist. Ct., App. Div. 2009).
· cites it 2× “” 42 Pa. Cons. Stat. Ann. §5323(3). Pennsylvania’s rules of civil procedure allow for service by “any form of mail requiring a receipt signed by the defendant or [her] authorized agent.”
Jordan v. SEPTA, 708 A.2d 150 (Pa. Commw. Ct. 1998).
· cites it 2× “§ 5323, which provides for service upon persons outside of the Commonwealth by a number of methods, including service by “any form of mail addressed to the person to be served and requiring a signed receipt.” 42 Pa.C.S. § 5323(a)(3). Second, we note that much of Kawasaki’s…”
City of Philadelphia v. 1531 Napa, LLC (Pa. Commw. Ct. 2025).
· cites it 2× “Ultimately, the trial court issued an order pursuant to Section 5323(a)(5) of the Judicial Code, 42 Pa.C.S. §5323(a)(5),7 directing that process be served upon the appellant through the Secretary of the Commonwealth, the Department of Motor Vehicles, the appellant’s mother, the…”
— 42 Pa. Cons. Stat. § 5323(3) — 1 case
Univ. of Pennsylvania v. Halpern, 2009 Mass. App. Div. 172 (Mass. Dist. Ct., App. Div. 2009).
“” 42 Pa. Cons. Stat. Ann. §5323(3). Pennsylvania’s rules of civil procedure allow for service by “any form of mail requiring a receipt signed by the defendant or [her] authorized agent.”
— 42 Pa. Cons. Stat. § 5323(a) — 2 cases
Romeo v. Looks, 535 A.2d 1101 (Pa. 1987).
“See: 42 Pa.C.S. § 5323(a). See also: Stateside Machinery Co.”
— 42 Pa. Cons. Stat. § 5323(a)(3) — 9 cases
In re Arthur Treacher's Franchisee Litig., 92 F.R.D. 398 (E.D. Pa. 1981).
“Enlarging the doctrine “beyond the reason upon which it is founded” would result if this Court denied the effect of the personal service upon Horstmyer notwithstanding the fact that he could have been validly served in his home state pursuant to Pennsylvania’s long-arm statute,…”
Harris v. NGK North Am., Inc., 19 A.3d 1053 (Pa. Super. Ct. 2011).
“S. § 5323(a)(3). Second, we note that much of [the defendant’s] argument, as well as that of the cases it cites for support, focuses upon Japan’s “intent” in not objecting to Article 10(a), thus bringing the argument beyond the language of the Hague Convention itself.”
Reichert v. TRW, INC., 561 A.2d 745 (Pa. 1989).
“” 42 Pa.C.S. § 5323(a)(3) (1981). Because section 5323 was not rescinded when the supreme court promulgated the new consolidated chapter on service, both rule 424 and section 5323 must be given effect, if possible.”
Bywaters v. Bywaters, 721 F. Supp. 84 (E.D. Pa. 1989).
“5 The parallel to this case is patent, and thus I hold that *87 § 5532(b) precludes tolling of the statute of limitations where a plaintiff knows the defendant’s out-of-state address and can serve him there by certified mail under 42 Pa.C.S. § 5323(a)(3). Whether plaintiff…”
Jordan v. SEPTA, 708 A.2d 150 (Pa. Commw. Ct. 1998).
“§ 5323, which provides for service upon persons outside of the Commonwealth by a number of methods, including service by “any form of mail addressed to the person to be served and requiring a signed receipt.” 42 Pa.C.S. § 5323(a)(3). Second, we note that much of Kawasaki’s…”
— 42 Pa. Cons. Stat. § 5323(a)(5) — 3 cases
Romeo v. Looks, 535 A.2d 1101 (Pa. 1987).
“See: 42 Pa.C.S. § 5323(a). See also: Stateside Machinery Co.”
Kittanning Coal Co. v. Int'l Mining Co., 551 F. Supp. 834 (W.D. Pa. 1982).
“2079(c)(5) was promulgated upon the authority of 42 Pa.Cons.Stat. § 5323 which provides the statutory basis for service of process on non-residents (i.”
City of Philadelphia v. 1531 Napa, LLC (Pa. Commw. Ct. 2025).
“Ultimately, the trial court issued an order pursuant to Section 5323(a)(5) of the Judicial Code, 42 Pa.C.S. §5323(a)(5),7 directing that process be served upon the appellant through the Secretary of the Commonwealth, the Department of Motor Vehicles, the appellant’s mother, the…”
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