QUESTION
Are court orders that are physically served by the plaintiff legal?
Asked on Apr 29th, 2013 on Child Custody - Pennsylvania
More details to this question:
I live in Pennsylvania and my boyfriend's ex served him custody papers. She physically handed them to him and did not get an affidavit of service. He has also filed for custody but has not yet had her served.
2 ANSWERS
3 Awards
My understanding was that a party cannot serve a civil complaint or petition unless the other party agrees and signs an acceptance of service.
Answered on May 01st, 2013 at 3:47 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
David M. Axinn
I am not sure whether you are talking about serving the original custody complaint, which often has a scheduling order attached to it, or some other court order. It is improper to have the Complaint served by someone who is a party to the action. In many cases, however, objecting to the manner of service doesn't accomplish anything. She could simply have him served by certified mail, or by having someone else hand the papers to him. He should discuss this with an attorney: often, he would be better off concentrating on the merits of the case rather than technical compliance with the Rules.
Answered on May 01st, 2013 at 3:47 PM