Rule 449.Acts of Assembly Not Suspended. Abolition of Practice and Procedure Under Repealed Statutes.
Adopted June 3, 1994 · Not amended since adoption · Last verified September 25, 2026
Full Text of Rule 449
Plain-English Summary
This rule settles how the service rules sit beside two other bodies of law. First, it preserves Sections 5323 and 5329 of the Judicial Code, which govern service of process on persons outside the Commonwealth: the rules neither suspend nor affect them.
Second, it deals with the older Acts of Assembly on actions against a defendant who is a nonresident or who has obstructed or prevented service by concealing his whereabouts. The Judiciary Act Repealer Act (JARA) repealed those acts, and this rule abolishes the practice and procedure they provided, so it does not continue as part of the common law. A party serving someone outside Pennsylvania looks to the service rules and to Sections 5323 and 5329, not to the repealed statutes.
Frequently Asked Questions
Do the service rules displace the Judicial Code’s provisions on out-of-state service?
No. Sections 5323 and 5329 of the Judicial Code, 42 Pa.C.S. §§ 5323, 5329, are not suspended or affected by the rules.
Can a party still follow the old statutory procedure against a defendant who hides to avoid service?
No. The rule abolishes the practice and procedure of the repealed Acts of Assembly for actions against nonresidents and defendants who obstruct or prevent service, and it does not continue as common law.
Amendment History
The provisions of this Rule 449 adopted June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010.