Form 2 – Affidavit Service by Personal Service

Jurisdiction: Country: United States | Province/State: Pennsylvania

What is a Form 2 – Affidavit Service by Personal Service?

Form 2 is a sworn statement that proves you completed personal service. “Personal service” means someone physically handed court papers to the person who must receive them. The form is signed by the server, not by you, and it is notarized. The court uses it to confirm that the other party was actually given the documents.

In Pennsylvania, you use this form to show proof of service in many Court of Common Pleas cases. It is common in family law cases like custody, divorce, or support, where personal service is often required or preferred. You may also see it used in civil cases when the rules allow an adult to serve instead of the sheriff. The key point is the same in every case: the person who served the papers fills out and signs the affidavit to tell the court who was served, when, where, and how.

Who typically uses this form?

Petitioners and plaintiffs file it with the court. The server completes and signs it. The server must be an adult who is not a party to the case. In some case types, the sheriff or a constable must do the service. In those cases, the sheriff or constable files a return of service, and you do not use this form. When the rules allow a private adult to serve, this form is the standard proof that service took place.

You would need this form to move your case forward. Courts cannot act until the other party has proper notice. If you cannot prove service, the court may delay or dismiss your case. The affidavit is your proof. It tells the judge that the other party received the documents in the way the law requires.

Typical usage scenarios:

• Custody complaint where a friend or process server hand-delivers the complaint and scheduling order to the other parent.
• It also applies when you file a petition to modify custody and need to show personal service of the petition and notice.
• You might use it in a divorce action when you use a competent adult to serve the complaint rather than the sheriff, if allowed.
• You may also use it to prove personal service of a motion, rule to show cause, or a hearing notice, when required.
• In business disputes, you might serve an officer or authorized agent of a company and then file this affidavit to prove service.

The form is straightforward. It identifies the case, names the person served, lists the documents, and shows the date, time, and address. It includes the server’s statement that they are 18 or older and not a party. It often includes a short description of the person served. The server signs in front of a notary. Once notarized, you file it with the court clerk for your case.

When Would You Use a Form 2 – Affidavit Service by Personal Service?

You use this form when your case requires personal service and you did not use the sheriff or constable. Family law cases provide clear examples. If you start a custody case, you must serve the other parent with the complaint and order. You can use a competent adult to do that. After delivery, the server completes this affidavit to show the court that the other parent received the papers. If you file to modify a custody order, the same rule can apply. Personal service remains the most reliable method to keep the hearing date.

Divorce cases also need service. Many people request sheriff service for the initial complaint. In some counties, the sheriff is required for original process. In others, an adult who is not a party can serve. If an adult serves the defendant in person, you attach this affidavit to show proof. The same is true with secondary filings, like a petition for special relief or a contempt petition, if personal service is required.

Support and paternity filings can require personal service of initial papers. If a private adult serves, this affidavit is the proof. For civil cases, you might be allowed to use a private adult to serve a complaint on an individual. If the server hands the documents directly to the defendant, this form shows the court that service was personal and valid.

You may also use it when you serve at a workplace. If the server hands the papers to the named person at their office, that is personal service. The affidavit should include the office address and time of delivery. If the server reaches the person at home, the form will reflect the residence address.

There are also times you should not use this form. If your case type requires service by sheriff or constable, rely on their official return. For Magisterial District Court landlord-tenant cases, service is typically by constable or sheriff. You would not use this affidavit there. For certain protection orders, service must be through law enforcement or the sheriff. In those cases, a different return of service applies.

If service is by mail or by acceptance of service, different forms exist. Form 2 is specifically for personal hand-delivery to the person. If you served another adult at the defendant’s home, that is not personal service on the defendant. That would be a different category and may require a different form or a different statement. Always match the affidavit to the actual method used.

Legal Characteristics of the Form 2 – Affidavit Service by Personal Service

This affidavit is a sworn statement. It becomes part of the court record. It is legally binding because the server signs under oath, in front of a notary or authorized officer. The signature carries legal weight. It tells the court that the facts about service are true to the best of the server’s knowledge. False statements can carry penalties. That is why courts trust the affidavit as proof.

Enforceability rests on a few elements. First, the server must be legally allowed to serve the papers for your case type. The server must be at least 18 and not a party to the action, unless your case rules require sheriff or constable. Second, the service itself must be proper. Personal service means the server physically handed the documents to the named person. It is not enough to leave them at the door or with a neighbor. Third, the affidavit must be complete and sworn. It must identify who was served, what was served, when and where it happened, and who did the serving. The notary must administer the oath or affirmation and sign the jurat.

General legal considerations matter. Pennsylvania sets time limits for service. You usually must serve within 30 days after filing if service is in Pennsylvania. If you serve outside Pennsylvania, you usually have 90 days. If you miss the window, you must reissue or reinstate your case documents before serving. The affidavit should reflect a timely service date. Also, courts demand accuracy. If the server is unsure who they served, personal service may not be valid. A brief description helps the court confirm identity. If service was at work, the server should be sure it was the right person, not a receptionist.

The affidavit does not prove that the person read the papers. It only proves delivery. The law treats proper service as notice. Once personal service is completed and proven, the court can proceed. If the other party does not appear, the court can still act, because the record shows valid service.

Some cases allow alternative service only by court order if personal service fails. If personal service is not possible after diligent efforts, you can ask the court to approve another method. Personal service remains the strongest option. Courts will look closely at your affidavit when deciding if service meets the rule.

Finally, remember that service rules differ for individuals and entities. If you serve a business, you may serve an authorized agent or a person in charge at the office. In that case, your affidavit should clearly name the person who accepted on behalf of the company and their title. If you served a registered agent, state that. The method is still personal hand-delivery, but the target is the authorized recipient.

How to Fill Out a Form 2 – Affidavit Service by Personal Service

Think of the form in five parts: the caption, service details, documents served, server’s declaration, and notarization. Complete each part carefully. Use black ink and print clearly if you fill it by hand. If possible, type it.

Start with the case caption

• At the top, list the court: Court of Common Pleas of [Your County], Pennsylvania. Include the case division if applicable, such as Family Court. Put your docket number exactly as it appears on your filed complaint or petition. List the parties as Plaintiff/Petitioner and Defendant/Respondent. Use the same names and order used on your other filings. Consistency matters.

Identify the person served

• Write the full name of the person who received the papers. This must be the named party in the case. Personal service targets only that person. If you served a business, list the business name and the individual who accepted service as agent or officer. For example: “ABC, Inc., by serving Jane Smith, registered agent.”

Describe the documents served

• List every item the server handed over. For example: Complaint for Custody, Order for Custody Conciliation Conference, Criminal Record/Abuse History Verification, Notice to Defend, and any required cover sheet. If the court issued a rule to show cause or a hearing notice, list that too. Be specific. The court wants to see that all required papers were delivered.

Record the date, time, and address of service.

• Exact details help confirm validity. Write the month, day, year, and the time of day. Provide the full street address, city, and state. If service occurred at a workplace, include the business name and suite or floor. If service happened at a residence, include the apartment number. Precision prevents challenges.

State the method of service

• Check or write “Personal service” and include a brief description. For example: “I handed the documents directly to John A. Doe.” If helpful, include a brief physical description: approximate age, height, hair color, or clothing. Include any confirming details, such as “He confirmed his identity.” If the person refused to take the papers, the server can state: “When he refused to accept, I left the papers in his presence and informed him they were legal papers.” That still often counts as personal service when the server has identified the person and made them aware.

Provide the server’s information

• The server, not you, completes and signs this part. The server should state their full name, address, and phone number. The server must confirm they are 18 or older and not a party to the case. If the server is a professional process server, they can identify that. If they know the person served, they can say so, but it is not required. The key is competence and neutrality.

If your case allows service by sheriff only, do not use a private server

• In that situation, the sheriff will return an official proof of service. For family cases where a private adult is allowed, your server can be a friend, relative, or process server. You cannot serve the papers yourself. If you are a party, you must have someone else do it.

Attach a schedule or list if needed

• If you served multiple documents or included exhibits, you can attach a page labeled “Attachment A: Documents Served.” If the server made multiple attempts before successful service, you can attach a “Service Log” with dates and times. This is optional for personal service, but it helps if the other party later challenges service.

Complete the notarization

• The server must sign the affidavit in front of a notary public or other authorized officer. Do not sign it in advance. Bring government-issued photo ID. The notary will administer an oath or affirmation. The notary will complete the jurat with the date, county, and their seal. Make sure the notary’s commission is current. The court will reject an unsigned or unnotarized affidavit.

Review for accuracy

• Confirm the names and docket number match your case. Confirm the date and address are correct. Ensure the list of documents is complete. Check that the signature is present and notarized. Small errors cause delays. If you discover a mistake after filing, consult the clerk about filing an amended affidavit.

File the affidavit

• Take the notarized original to the court clerk for your case. In Pennsylvania, that office is the Prothonotary or a family court filing office within the Court of Common Pleas. File it before your hearing or within any deadline the court set. Some judges require proof of service a set number of days before the hearing. Keep a stamped copy for your records. You may also need to mail a copy to the other party’s attorney if counsel has entered an appearance.

Mind the service window

• Pennsylvania requires service within a set time after filing, often 30 days in state and 90 days out of state. If personal service occurs outside those limits, you may need to reissue your filing and serve again. Ask the filing office how to reissue or reinstate if needed. The affidavit should reflect a service date within the valid window.

Special notes for serving individuals vs. businesses

• When you serve an individual, you must deliver to that person. When serving a business, you may serve an officer, manager, or registered agent. Your affidavit should clearly identify the role of the person who accepted service. If you served a registered agent, list their name as reflected on the agent’s sign or business card, if available.

What if the person tries to avoid service?

• Do not guess or serve the wrong person. Do not leave papers in a mailbox or slide them under a door. Those acts are not personal service. Consider hiring a professional process server who knows how to confirm identity. If diligent attempts fail, you may ask the court for permission to use an alternative method. That requires a separate motion and order. This Form 2 only applies when you successfully hand-delivered the papers.

Keep your records

• Have your server write down the details immediately after service. Details fade fast. Some servers take a timestamped photo of the location or make notes about the conversation. They should not record or create a scene. The goal is quiet, respectful delivery. The notes help them complete the affidavit accurately.

Common mistakes to avoid

• Do not sign without a notary. Do not let a party to the case act as the server. Do not list incomplete documents. Do not guess the identity of the recipient. Do not wait too long to file the affidavit. Each mistake can lead to delays or re-service.

A simple example helps:

• You file a custody complaint on June 1. Your friend, who is 30 and not a party, personally hands the complaint, the order scheduling the conference, and the notice to defend to the other parent at their workplace on June 5 at 2:15 p.m. at 123 Office Park, Suite 400. Your friend fills out Form 2, listing the documents, the date, time, and place, and stating that they handed the documents to the other parent. Your friend signs the form before a notary on June 6. You file the affidavit with the clerk the same day. The court now has proof that the other parent was served within the required time.
• You file a petition to modify custody. You hire a process server. The server meets the other parent at their home at 7:30 p.m., confirms their identity, and hands them the petition and the hearing notice. The server completes the affidavit, signs before a notary, and returns it to you. You file it well before the hearing. If the other parent does not attend, the court has proof it can rely on.

That is how you use Form 2. Keep it clear, truthful, and complete. Proper service keeps your case on track. The affidavit is the simple, reliable proof the court needs.

Legal Terms You Might Encounter

• Affidavit. An affidavit is a written statement of facts you swear are true. In this form, the server swears they personally handed the documents to the person who had to be served. The affidavit is your proof that service happened as required.
• Personal service. Personal service means physically handing the court papers to the person named. For this form, it confirms the server delivered the documents directly, not by mail or to someone else unless allowed by the court’s rules.
• Service of process. Service of process is the formal delivery of legal papers to notify someone about a case. Your affidavit documents that the service of process occurred, when it happened, and how it was done.
• Process server. A process server is the person who performs the delivery. This can be a qualified individual who is not a party to the case. On the affidavit, the server identifies themselves and describes the steps they took.
• Deponent. A deponent is the person who makes and signs the affidavit. In this context, the deponent is the server. They affirm the facts under oath in front of a notary.
• Notary public. A notary public verifies the identity of the deponent and witnesses the signature. The notary completes a jurat on the form to show the affidavit was sworn and signed properly.
• Caption. The caption is the case heading at the top of court forms. It includes the court name, parties’ names, and docket number. Your affidavit must use the exact caption so the court connects it to the correct case.
• Docket number. The docket number is the unique case number assigned by the court. You list it on this affidavit to ensure the filing is placed in the right case file.
• Proof of service. Proof of service is any document that shows how service happened. This affidavit is your proof of service by personal service. Courts rely on it to determine if notice was given.
• Return of service. A return of service is a report back to the court after documents are served. This affidavit functions as the return. It confirms the date, time, location, and method of service.

FAQs

Do you need a notary for this affidavit?

Yes. The server must swear to the truth of the details in front of a notary. The notary will complete the jurat and affix their seal. Don’t sign until the notary is present.

Can you serve the papers yourself and sign the affidavit?

No. The server should be someone other than a party to the case. The person who did the service must complete and sign the affidavit. You cannot sign for them.

What details must the affidavit include to be accepted?

Include the full case caption and docket number. List exactly what documents were served. State the date, time, and precise location of service. Describe the person served and how you confirmed their identity. Identify the server, including age or qualifications if required. Sign under oath before a notary.

What if the person refuses to take the papers?

The server should document what happened. If the person is identified and present, some courts accept service if the server informs them of the nature of the papers and leaves them nearby. The affidavit should describe the refusal and how delivery occurred. If there is doubt, consider reattempting service and document the effort.

Do you need multiple service attempts before filing this affidavit?

Not for personal service that succeeded. If service was completed, one attempt is enough. If service failed, don’t file this affidavit. Instead, track attempts and consider other allowed methods. Each attempt should note date, time, and outcome.

Can you serve at the person’s workplace or another address?

Yes, if the person is present and identified. The key is personal delivery to the correct individual. The affidavit should list the address and setting where service occurred and how the server confirmed the recipient’s identity.

What if you discover an error after filing the affidavit?

Act quickly. If the error is minor, some clerks allow a corrected affidavit or supplemental affidavit. If the error involves who was served or the date, you will likely need a corrected affidavit and a re-service if required. File the corrected document with a clear explanation.

How soon should you file the affidavit after service?

File it promptly after service. Courts expect timely proof. Delays can stall your case, postpone hearings, or prevent default. Aim to file within a few days of service.

Checklist: Before, During, and After the Form 2 – Affidavit Service by Personal Service

Before signing: Information and documents you need

• Full case caption. Copy it exactly from your complaint or petition.
• Docket number. Confirm the number matches the case file.
• Names and addresses of all persons to be served. Verify spelling and apartment or suite numbers.
• The documents to be served. Note every document title and any attachments.
• Service deadline. Mark the exact date to complete service.
• Server’s details. Confirm the server’s name, age, and qualifications if required.
• Identity confirmation plan. Have a photo, description, or other ways to verify the recipient.
• Notary access. Arrange a notary for the server to sign the affidavit after service.
• Filing method. Check whether you will file in person, by mail, or through the court’s system.
• Calendar dates. Note upcoming hearings that depend on proof of service.

During signing: Sections to verify

• Case caption. Match party names and court name. No abbreviations unless used in the case.
• Docket number. Compare to the most recent court notice.
• Person served. Use full legal name; add physical description if needed for clarity.
• Date and time of service. Use exact time, with AM/PM.
• Address of service. Include street, unit number, city, and ZIP code.
• Method of personal service. State that documents were handed directly to the person.
• List of documents. Name each document served, including exhibits or notices.
• Server identity. Include server’s full name, contact info if required, and any qualification.
• Statement under oath. Make sure the jurat reflects a sworn statement, not just a signature.
• Notary block. Confirm notary name, commission expiration, date, and seal are present and legible.

After signing: Filing, notifying, and storing

• File the affidavit. Submit it promptly using the court’s accepted method.
• Check acceptance. Confirm the clerk docketed the affidavit to your case.
• Serve a copy if required. Provide a copy to the other parties as rules require.
• Track deadlines. Update your calendar for upcoming motions or default timelines.
• Keep originals and copies. Store a stamped copy with your case file. Keep the notarized original if not filed or if the court prefers copies.
• Document attempts. If there were prior attempts or unique circumstances, keep a log with dates and notes.
• Prepare for next steps. If service triggers a response deadline, plan follow-up filings or hearings.
• Correct errors quickly. If you spot a typo or missing detail, file a corrected or supplemental affidavit.

Common Mistakes to Avoid Form 2 – Affidavit Service by Personal Service

Incomplete case caption

• Don’t forget to copy the caption exactly. Missing or wrong party names can lead to rejection, delays, or confusion about which case the affidavit supports.

Vague service details

• Avoid general statements like “served on Tuesday.” Without exact date, time, and location, the court may question the service. Use precise details and a clear narrative.

Serving the wrong person

• Don’t assume identity. If the server hands papers to the wrong person, service is invalid. This can waste weeks and force you to re-serve and refile, risking missed deadlines.

Signing without a notary

• Never sign the affidavit before a notary is present. Unsigned or improperly notarized affidavits may be rejected, causing delays and possible hearing continuances.

Listing the wrong documents

• Double-check the list of documents served. If it’s incomplete or incorrect, the court may find service defective. That can reset timelines or jeopardize default requests.

What to Do After Filling Out the Form Form 2 – Affidavit Service by Personal Service

File the affidavit promptly

• Submit the notarized affidavit to the court right away. A timely filing supports your next deadlines, such as response periods and hearing dates. If filing in person, ask the clerk to time-stamp your copy.

Confirm docketing

• Verify the affidavit appears in the case docket. Check that the entry lists the correct date of service and person served. Keep a screenshot or stamped copy for your records.

Notify parties if required

• Some courts require you to share a copy of the filed affidavit with other parties. If so, send it promptly and keep proof of transmission or mailing.

Monitor response deadlines

• Personal service often starts the clock for the recipient’s response. Mark the deadline on your calendar. If no response arrives, prepare the next step your case allows, such as a default request, if applicable.

Address defects immediately

• If the clerk flags an issue—such as missing notary seal or wrong case number—fix it fast. File a corrected affidavit. If necessary, re-serve and update the court with a new affidavit.

Organize your service file

• Keep the following in one place: the notarized affidavit, a filed-stamped copy, notes of attempts, any photos or descriptions used for identification, and mailing receipts if you shared the affidavit with other parties.

Prepare for the next procedural step

• Service completes notice. Your next move could be a case management order, discovery planning, or a motion. Confirm your timeline and file on time.

Plan for hard-to-serve parties

• If you struggled with service, document each attempt with dates and times. If personal service remains impractical, consider permitted alternatives through proper channels. Keep your logs, as they support any request to change service method.

Maintain consistency across filings

• Make sure party names, addresses, and the docket number match in all your documents. Consistency reduces clerk rejections and keeps the case moving.

Review upcoming hearings

• Some hearings require proof of service on file beforehand. Confirm the court can see your affidavit on the docket. Bring a stamped copy to the hearing as backup.

Prepare a supplemental affidavit if needed

• If you learn new facts about how service occurred or need to clarify identity confirmation, file a supplemental affidavit. Clear records help the court resolve challenges to service.

Consider witness availability

• If service might be challenged, the server could be called to testify. Keep the server’s contact information and service notes. Refresh their memory before any hearing.

Update your client or team

• If you’re working with others, share the filed affidavit and deadlines. Clear communication avoids duplicated work and missed dates.

Track costs

• Record the server’s fee, notary fee, and any travel or mailing costs. You may need these amounts for later cost recovery requests.

Archive securely

• Keep digital and paper copies in secure folders. Label them with the case name, party served, and service date. Good records save time when the court asks for proof.