Adopted December 6, 1996 · Last amended December 2, 2009 · Last verified June 30, 2026
In one sentenceA fair-market-value petition is served on the respondent's attorney of record if there is one; otherwise by personal service, mail, or special order of court, with a return of service filed afterward.
(1)If there is an attorney of record, service shall be made upon the respon- dent’s attorney of record pursuant to Rule 440(a)(1)(i) or (ii).
(2)If there is no attorney of record, service shall be made
(i)by the sheriff or a competent adult in the manner prescribed by Rule 402(a) for service of original process, or
(ii)by the petitioner mailing a copy in the manner prescribed by Rule 403, or
(iii)if service cannot be made as provided in subparagraphs (i) or (ii), pursuant to special order of court as prescribed by Rule 430.
(b)The person serving the petition shall file a return of service as provided by Rule 405.
Plain-English Summary
This rule sets how the petition to fix fair market value reaches the respondents. If a respondent has an attorney of record, service is made on that attorney in the manner the rules provide for serving legal papers. If there is no attorney of record, service is made by the sheriff or a competent adult as for original process, by the petitioner mailing a copy, or, if neither works, by special order of court.
The person serving files a return of service. Matching the method to whether counsel has appeared keeps the petition properly served while giving fallbacks for respondents who are hard to reach.
Frequently Asked Questions
How is the petition served?
On the respondent's attorney of record if there is one; otherwise by personal service, mail, or special order of court.
Is proof of service required?
Yes. The person serving the petition files a return of service.
Official Note
Official Note: See Rule 76 for the definition of ‘‘competent adult.’’
Amendment History
The provisions of this Rule 3283 adopted December 6, 1996, effective January 1, 1997, 26 Pa.B. 6068; amended May 14, 1999, effective July 1, 1999, 29 Pa.B. 2767; amended June 14, 1999, effec- tive September 1, 1999, 29 Pa.B. 3191; amended December 2, 2009, effective January 4, 2010, 40 Pa.B. 19. Immediately preceding text appears at serial page (297595). (Editor’s Note: The Supreme Court of Pennsylvania has suspended its order of June 14, 1999, published at 29 Pa.B. 3191 (June 26, 1999). See 29 Pa.B. 4859 (September 18, 1999).)
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text