Court of Common Pleas of Adams County, Pennsylvania Service and Proof of Service Rules

CRITICAL

Appellants must serve the appeal by certified or registered mail or personal service on the specified Board, County Commissioners when applicable, and respondent owners.

D. Service. Appellant(s) shall serve copies of the appeal by certified or registered mail or by personal service upon the Board at its official office and, unless named as the appellant, the Board of County Commissioners of Adams County, and upon the respondent owner(s) of the real estate at said owner's last known address.

CRITICALCivil cases

The petitioner must serve opposing counsel and self-represented parties when filing a petition for special relief.

Service shall be made by the petitioner to opposing counsel and self-represented parties contemporaneously with filing.

CRITICAL

Service

Publication

If an owner's identity or address is unknown or notice is returned undeliverable, the Sheriff must publish notice of the sale once in the Adams County Legal Journal and one local newspaper of general circulation.

3. If the identity or address of an owner is unknown or notice has been returned as undeliverable notice of the sale shall be given by the Sheriff by publication once in the Adams County Legal Journal and in one local newspaper of general circulation.

CRITICALCriminal cases

Applies to

Address change notice

The defendant must give written notice of an address change to the specified bail and court authorities within 48 hours of the change.

The defendant must provide a current address and must give written notice to the bail authority, the Clerk of Courts, the District Attorney, and the court bail agency or other designated court bail officer, of any change of address within 48 hours of the date of the change.

CRITICAL

Service

Mail

Notice of a proposed settlement must be sent by ordinary mail to nonjoining owners and relevant municipal bodies.

The settlement shall contain a proposed order directing that notice of the proposed settlement be given by ordinary mail to all owners or relevant municipal bodies who have not joined in the proposal giving them thirty {30) days from the date of mailing to object thereto or the proposed settlement will be considered approved by the Court.

CRITICAL

PACFile users must serve paper copies on parties who do not use PACFile, but need not serve the court administrator.

Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACFile, pursuant to Pa.R.J.C.P. 1167(B) and Pa.R.J.C.P. 1345(B). When utilizing PACFile, parties shall not be required to serve the court administrator.

CRITICALCivil cases

The divorce hearing officer must give attorneys of record or unrepresented parties written notice of the hearing’s time and place at least 20 days in advance, in the manner prescribed by Pa. R.Civ.P. No. 1920.51.

The divorce hearing officer shall give at least twenty (20) days’ advance written notice of the time and place of hearing to the attorneys of record, or to unrepresented parties, in the manner prescribed by Pa. R.Civ.P. No. 1920.51.

CRITICALCriminal cases

The defendant and defense counsel of record must receive a copy of the Written Notice when it is acknowledged.

The defendant and defense counsel of record shall be given a copy of the Written Notice at the time of acknowledgement.

CRITICALCivil cases

When a stay of execution has been requested, the prescribed order requires the petitioner to provide all parties notice of the order's entry.

(6) Notice of the entry of this order shall be provided to all parties by the petitioner [In cases where a stay of execution has been requested]

CRITICALCivil cases

The supporting brief must be filed with the Prothonotary and served on opposing counsel or the self-represented party.

The brief in support of exceptions shall be filed with the Prothonotary and served upon the opposing counsel or self-represented party.

CRITICALCivil cases

Service

Mail

The Prothonotary must serve notice of proposed termination by September 15; if mailed notice is returned, notice must instead be advertised in a designated legal publication or a county newspaper as directed by the Court.

On or before the 15th day of September, the Prothonotary shall serve notice on counsel of record, or on the party if not represented, of the proposed termination of the case on the 30th day of November. The notice shall be served in compliance with Pennsylvania Rule of Civil Procedure 440. If the mailed notice is returned, notice shall be served by advertising the same in the legal publication designated by the Court for the publication of legal notices or in one newspaper of general circulation within the county as directed by the Court.

CRITICAL

Applies to

Transcript request

A party requesting an ordinary transcript must file the original request with the appropriate filing office and serve copies on the listed recipients.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the appropriate filing office (Clerk of Courts, Prothonotary, Orphans Court, or Domestic Relations Office) in which the litigation is pending. The requesting party shall also serve copies of the formal request to: (1) the Judge presiding over the matter, (2) the Court Reporter, Recorder, or Transcriptionist assigned to the proceeding, (3) the District Court Administrator, and (4) opposing counsel or party if the party is unrepresented.

CRITICALCivil cases

Service

Publication

Proof of notice by publication must be presented to the Court at the hearing.

Proof of notice by publication shall be presented to the Court at the time of the hearing.

CRITICALCivil cases

Applies to

Notice

Service

Mail

If personal service is unavailable and registered or certified mail is returned undelivered, notice must be sent by regular mail to the parent's last known address.

Notice shall be sent by regular mail to the last known address of the parent

CRITICALCriminal cases

Applies to

Written notice

Counsel must provide the client a copy of the Written Notice; no further notice of the scheduled court dates is required.

Counsel shall also provide a copy of the Written Notice to their client. No further notice of the scheduled court dates shall be required.

CRITICALCivil cases

The opposition brief must be filed with the Prothonotary and served on opposing counsel or the self-represented party.

This brief shall be filed with the Prothonotary and served upon the opposing counsel or self-represented party.

CRITICAL

Applies to

Transcript order

The filing office must serve the transcript order on the requestor.

Upon receipt of the court order referenced in subparagraph (d) above, the filing office shall make service of the same on the requestor.

CRITICALCivil cases

Applies to

Emergency order and petition

If the Magisterial District Judge enters an emergency order, service of the order of protection and emergency petition upon the defendant shall occur in accordance with Pa.R.Civ.P.M.D.J. 1209.

If the Magisterial District Judge enters an emergency order, service of the order of protection and emergency petition upon the defendant shall occur in accordance with Pa.R.Civ.P.M.D.J. 1209.

CRITICALCriminal cases

Applies to

Request to close proceeding

The moving party must file proof of service when making the request to close the proceeding.

The moving party will be required to file proof of service at the time the request is made.

CRITICALCivil cases

Applies to

Motion for continuance

A party whose office-conference continuance request is denied may file a formal Motion for Continuance at the Domestic Relations Section and must serve it on the other party.

Any party aggrieved by a denial of request for continuance of the office conference may file a formal Motion for Continuance at the Domestic Relations Section which must be served upon the other party.

CRITICALCivil cases

Service

Court service to all parties

The Prothonotary must serve the report on counsel of record and unrepresented parties under Pa. R.C.P. No. 236.

The Prothonotary shall serve a copy of the Report of Conciliator upon counsel of record and unrepresented parties in accordance with Pa. R.C.P. No. 236.

CRITICALCivil cases

Applies to

Prehearing memorandum

In complex cases, each party must serve its Prehearing Memorandum on the opposing party.

For all cases designated as complex, each party shall file a Prehearing Memorandum at the Domestic Relations Section at least five (5) days in advance of the date set for hearing, with service thereof upon the opposing party.

CRITICALCriminal cases

Service

Mail

The closure notice must be posted in the Clerk of Courts' office and mailed to every newspaper in general circulation in Adams County at least ten days before presentment.

The notice shall be posted in the Clerk of Courts' office and shall be mailed to every newspaper in general circulation in Adams County at least ten (10) days prior to presentment.

CRITICALCivil cases

Applies to

Motion to be excused from mediation

When filing a motion to be excused from in-person mediation, the person must simultaneously copy all counsel and the mediator.

A person seeking to be excused must file a motion with the court no fewer than ten (10) days before the date set for the mediation, simultaneously copying all counsel and the mediator.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.

All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the motion. The Court may excuse prior service in the case of an emergency motion.

CRITICALCivil cases

Serve a copy of the completed Criminal/Abuse History Verification form on all other parties.

You must serve a copy of the completed form on all other parties.

CRITICAL

After receiving the specified information, the Sheriff must serve notice on owners, lienholders, and secured parties as required by statute.

2. Upon receipt of the information provided in paragraph A.1., above, the Sheriff shall serve notice upon owners, lienholders and secured parties as required by 75 Pa.C.S.A. Sec. 6310(b).

CRITICALCriminal cases

The defendant must give the listed officials written notice of an address change within 48 hours of the change.

c. I must provide a current address and must give written notice to the bail authority/court bail agency/other designated court bail officer, Adams County Clerk of Courts and the Adams County District Attorney of any change of address within 48 hours of the date of the change.

CRITICALCivil cases

Proof of service must be presented at the guardianship hearing.

Proof of service shall be presented at the hearing.

CRITICAL

An intervenor must file proof of service with the Prothonotary within ten days after filing the Notice of Intervention.

Within ten (10} days after the filing of the Notice of Intervention the intervenor shall file a proof of such service with the Prothonotary.

CRITICALCivil cases

All parties must be served with a motion when it is filed, unless the Court excuses prior service for an emergency motion.

All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. The Court may excuse prior service in the case of an emergency motion.

CRITICALCivil cases

The moving party must provide all parties with notice that the order has been entered.

Notice of the entry of this Order shall be provided to all parties by the moving party.

CRITICALCivil cases

A Motion to Specially Set Hearing De Novo must be served on the opposing party when the case is believed to involve complex issues or take more than 20 minutes.

In accordance with Pa. R.C.P. 1910.11 (j)(1), if a party believes the case will involve complex issues of law or fact, and/or it will take more than twenty (20) minutes to complete, then a Motion to Specially Set Hearing De Novo must be filed and served upon the opposing party.

CRITICALCriminal cases

Parties who do not participate in PACFile must be served legal papers in physical paper format by the clerk and other parties.

Any party who is ineligible, declines, or not otherwise required to participate in PACFile may file legal papers in a physical paper format with the clerk of courts, and shall be served legal papers in a physical paper format by the clerk of courts and other parties to the case.

CRITICALCivil cases

If either party files exceptions to the Report and Recommendation, the party filing exceptions shall file and serve a brief in support of their exceptions within twenty (20) days of filing of the exceptions.

If either party files exceptions to the Report and Recommendation, the party filing exceptions shall file and serve a brief in support of their exceptions within twenty (20) days of filing of the exceptions.

CRITICALCriminal cases

PACFile users must serve paper copies on parties who do not use PACFile, but need not serve the court administrator.

Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACFile, pursuant to Pa.R.Crim.P. 576. When utilizing PACFile, parties shall not be required to serve the court administrator.

CRITICAL

iii. For matters where the affiant is a tax bureau or taxing authority, provide a copy of the list of those cases to the tax bureau or taxing authority.

iii. For matters where the affiant is a tax bureau or taxing authority, provide a copy of the list of those cases to the tax bureau or taxing authority.

CRITICALCriminal cases

If the address on the criminal complaint is inaccurate, the defendant must provide the correct address to the listed officials within 48 hours after executing the document.

In this regard, if my address listed on the criminal complaint is inaccurate, I must advise the bail authority/court bail agency/other designated court bail officer, Clerk of Courts and the District Attorney of the correct address within 48 hours of the date this document is executed by me.

CRITICAL

Applies to

Dismissal notice

For a matter involving a license suspension, the court must notify PennDOT of the dismissal and request withdrawal of the suspension under Rule 470.

iii. For any matter involving a license suspension, forward notice to the Pennsylvania Department of Transportation that the citation or ticket has been dismissed and request withdrawal of the defendant’s license suspension pursuant to Pennsylvania Rule of Criminal Procedure Rule 470.

CRITICALCivil cases

The moving party must serve all documents on the opposing party under the Pennsylvania Rules of Civil Procedure and file a certificate of service with the Prothonotary.

It is the moving party’s responsibility to serve all documents upon the opposing party in accordance with the Pennsylvania Rules of Civil Procedure and file an appropriate certificate of service with the Prothonotary.

CRITICALCivil cases

Deadline

0 business days

Applies to

Post trial motion

A party filing a post-trial motion must serve the trial judge and every other party on the same business day it is filed.

A party filing a post-trial motion shall serve a copy of the motion on the trial Judge and every other party to the action on the same business day which the motion is filed.

CRITICALCivil cases

Applies to

Petition and temporary order

When the PFA Judge enters a temporary order, the petition and order must be served under Pa.R.Civ.P. 1930.4, and an affidavit of service must be filed; service also applies when temporary relief is denied.

When the PFA Judge enters a temporary order, service of the petition and temporary order upon the defendant shall be in accordance with Pa. R.Civ.P. 1930.4. An affidavit of service substantially in the form set forth in Pa.R.Civ.P. 1905(d) shall be filed with the Prothonotary. Service of the temporary order on the defendant shall include the instance where the Court has entered an order denying a plaintiff's request for temporary relief.

CRITICALCivil cases

Each party must serve a copy of its memorandum on opposing counsel or, if the opposing party is self-represented, on that party, at least three business days before the conference.

At least three (3) business days prior to the scheduled conciliation conference, each party shall file a Conciliation Conference Memorandum with the Prothonotary and serve a copy upon opposing counsel or opposing party if self-represented.

CRITICALCivil cases

The Divorce Hearing Officer must serve copies of the Report and Recommendation on all counsel and self-represented parties.

The Divorce Hearing Officer shall shall serve copies of the Report and Recommendation to all counsel and self-represented parties and file

CRITICALCivil cases

Service

Mail

When the Prothonotary must give notice, the moving party must provide sufficient document copies and, if the notice is mailed, postage and a prepaid envelope addressed to the recipient.

When the Prothonotary is required by general or local rule to give notice to any party of any hearing, order, judgment or other matter, it shall be the duty of the moving party to furnish the Prothonotary with sufficient copies of such documents. If the document is to be mailed, the moving party shall also furnish the postage, pre-paid envelope with the name and address of the recipient set forth thereon.

CRITICAL

Applies to

Petition for compensation and expenses

A copy of the compensation-and-expenses petition must be served on all parties of record or their attorneys.

A copy of that petition shall be served upon all parties of record, or their attorneys.

CRITICALCriminal cases

Applies to

Criminal information and plea trial date notice

When a represented defendant waives arraignment, the Commonwealth must serve counsel with the criminal information and provide notice of the plea and trial dates within ten days after the waiver is presented.

If a defendant represented by counsel waives arraignment, the Commonwealth shall serve counsel of record with a copy of the criminal information within ten (10) days of the date the waiver is presented to the Court. The Commonwealth shall further provide counsel of record notice of the dates of defendant’s plea day appearance and jury selection/trial within ten (10) days of the date the waiver is presented to the Court.

CRITICALCivil cases

The moving party must serve the continuance motion on the divorce hearing officer and opposing counsel or party when it is filed.

The moving party shall serve a copy of the motion on the divorce hearing officer and opposing counsel/party contemporaneously with filing.

CRITICALCivil cases

A petition must be served on all parties at the same time it is filed, unless the Court excuses prior service for an emergency petition.

A petition shall be served upon all of the parties to the action contemporaneously with the filing of the petition with the Prothonotary.

CRITICAL

ii. For matters where the affiant is filing as a law enforcement officer, provide a copy of the list of those cases to the District Attorney.

ii. For matters where the affiant is filing as a law enforcement officer, provide a copy of the list of those cases to the District Attorney.

CRITICALCivil cases

Applies to

Motion

The moving party must properly serve the motion on all opposing counsel and self-represented parties under the Pennsylvania Rules of Civil Procedure.

the motion. The moving party must properly serve the motion on all opposing counsel and self-represented parties in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

Service

Electronic service

The Prothonotary must electronically distribute pleadings to all board members during the period from 45 to 30 days before the scheduled hearing.

Electronic copies of the pleadings shall be distributed to all members of the board by the Prothonotary via electronic distribution no earlier than forty-five (45) days prior to the scheduled hearing nor later than thirty (30) days prior to the scheduled hearing.

CRITICAL

Applies to

Transcript request

Requests for daily, expedited, or same-day transcripts must also be delivered to the recipients specified for ordinary transcript requests.

with copies of the request delivered as required by paragraph (b).

CRITICALCivil cases

Applies to

Pretrial conference order

The Prothonotary must forward the pretrial-conference praecipe, serve the scheduling order on counsel or unrepresented parties, and note service on the docket.

(B) The Prothonotary shall forward the praecipe for pre-trial conference to the Judge designated to conduct pre-trial conferences by the President Judge. The Judge to whom the case is referred shall enter court order scheduling a pre-trial conference at a time designated by the Court. The order scheduling pre- trial conference shall be served by the Prothonotary on counsel of record or on the parties in the event the parties are not represented by counsel. Service of the order shall be noted in the docket.

CRITICAL

The Sheriff must notify the listed officials and agents of the sale date and time and request verification of their unpaid statutory costs.

The Sheriff shall also notify the law enforcement officers, constables, towing agent, and impound official, if any, of the date and time of sale together with a request for verification of any unpaid costs incurred by said entity pursuant to statute for the seizure, towing, impounding or storage of said vehicle.

CRITICALCivil cases

Exceptions must be filed with the Prothonotary and served on opposing counsel or the self-represented party at the same time.

Exceptions to the Report and Recommendation of the divorce hearing officer shall be filed with the Prothonotary, and a copy thereof served at the same time upon opposing counsel or self-represented party.

CRITICALCivil cases

Applies to

Written communication to court

Attorneys and self-represented parties must serve opposing counsel, self-represented parties, and the guardian ad litem with copies of all written communications to the court.

Attorneys and self-represented parties must serve opposing counsel, self-represented parties and the guardian ad litem with a copy of all written communications made to the court.

CRITICALCivil cases

Applies to

Notice

Service

Publication

If personal service is unavailable and registered or certified mail is returned undelivered, notice by publication must run once a week for three successive calendar weeks in the specified publications.

Further notice by publication shall be given once a week during three successive calendar weeks in the local legal periodical and in a newspaper of general circulation published at or near his or her last known residence within the county.

CRITICALCivil cases

A motion for special relief must be served on the opposing party before filing, except when the Court is satisfied that immediate and irreparable injury will occur before notice can be given.

All motions for special relief shall be served on the opposing party prior to the filing of the motion with the Prothonotary and a Certificate of Service shall be attached to the motion. Prior service of the motion is not required where a party is able to establish to the satisfaction of the Court that immediate and irreparable injury will be sustained before notice can be given to the opposing party.

CRITICALCriminal cases

Applies to

Bail modification motion

Service

Court service to court

Upon receiving a bail-modification motion, the Clerk of Courts must serve a copy on the Court.

Upon receipt, the Clerk of Courts shall serve a copy of the motion upon the Court.

CRITICAL

PACFile users must serve paper copies on parties who do not use PACFile, but need not serve the court administrator.

Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACFile, pursuant to Pa.R.J.C.P. 167(B) and Pa.R.J.C.P. 345(B). When utilizing PACFile, parties shall not be required to serve the court administrator.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must be served on all parties when filed and include a Certificate of Service, unless the Court excuses prior service for emergency objections.

All preliminary objections shall be served upon all of the parties to the action contemporaneously with the filing of the preliminary objections with the Prothonotary. A Certificate of Service shall be a part of, or attached to, the preliminary objections. The Court may excuse prior service in the case of emergency preliminary objections.

CRITICALCivil cases

Deadline

5 business days

The written request must be delivered to opposing counsel or party and the divorce hearing officer at least five business days before the scheduled conference.

A request for a party to be excused or for a party/counsel to participate by electronic means must be made in writing and delivered to opposing counsel/party and to the divorce hearing officer no less than five (5) business days in advance of the scheduled conference and the opposing side’s position must be noted in the request.

CRITICAL

An intervenor must serve the Notice of Intervention personally or by ordinary mail on the listed parties.

The intervenor shall serve copies of the Notice of Intervention personally or by ordinary mail upon Appellant(s), Appellee, any Respondent owner and any other intervening parties of record.

CRITICAL

A party unable or unwilling to use PACFile must be served paper copies by the clerk and other case parties.

Any party who is unable or declines to participate in PACFile may file legal papers in a physical paper format with the clerk of courts, and shall be served legal papers in a physical paper format by the clerk of courts and other parties to the case.

CRITICAL

Appellants must file proof of service with the Prothonotary within ten days after filing the appeal.

Within ten (10) days after the filing of the Real Estate Tax Assessment Appeal the Appellant(s) shall file a proof of such service with the Prothonotary.

CRITICALCivil cases

When Court Administration initially schedules a hearing, notice must be provided to the parties or their attorneys of record.

When a hearing is initially scheduled by Court Administration, notice of the hearing, as required by Pennsylvania Rule of Civil Procedure 1303, shall be provided to the parties or their attorneys of record.

WARNING

Service

Mail

Before disposing of unclaimed exhibits, the Prothonotary must provide 30 days’ written notice by regular mail to the attorney or party who offered them.

Any exhibits not so reclaimed may be destroyed or otherwise disposed of by the Prothonotary after thirty (30) days written notice by regular mail to the attorney or party who offered the exhibit.

WARNING

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of documents filed in PACFile.

However, pursuant to Pa.R.J.C.P. 1205(D)(2), establishment of a PACFile account shall constitute consent to participate in electronic filing, including acceptance of service electronically of any document filed in PACFile.

WARNINGCivil cases

All Motions for Continuance of Hearing De Novo must state the opposing party’s position on the request and shall be served on the opposing party by the moving party in accordance with the Pennsylvania Rules of Civil Procedure, otherwise the Motion may be denied at the discretion of the court.

All Motions for Continuance of Hearing De Novo must state the opposing party’s position on the request and shall be served on the opposing party by the moving party in accordance with the Pennsylvania Rules of Civil Procedure, otherwise the Motion may be denied at the discretion of the court.

WARNINGCriminal cases

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of any document filed in PACFile.

However, pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account shall constitute consent to participate in electronic filing, including acceptance of service electronically of any document filed in PACFile.

WARNINGCriminal cases

At formal arraignment, the Commonwealth may change plea and trial dates by giving written notice to the Court and counsel.

In order to comply with Pennsylvania Rule of Criminal Procedure 600, the Commonwealth may change the dates of plea and trial by providing the Court and counsel with written notice of the same at the time of formal arraignment.

WARNING

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of documents filed in PACFile.

However, pursuant to Pa.R.J.C.P. 205(D)(2), establishment of a PACFile account shall constitute consent to participate in electronic filing, including acceptance of service electronically of any document filed in PACFile.

INFO

Appellants are advised, but not required, to serve the municipality's legislative governing body and the school district's board of directors at the stated locations.

Comment: It is suggested, but not required, that the Appellant(s) provide service of the appeal upon the legislative governing body of the municipality and the board of school directors of the school district wherein the real estate is located at their respective official offices, or in the absence of any official office, at the last known address of the secretary of said body.

INFOCivil cases

A wrongful-death plaintiff may give additional notice by any generally authorized service method except ordinary mail.

In addition to the formal notice authorized by Pa.R.C.P. No. 2205, a plaintiff in a wrongful death action may give notice to a person entitled to recover damages in the action by any means of service, other than ordinary mail, authorized by general rule.

INFOCivil cases

Parties are not required to serve pleadings on the conciliator.

Service of pleadings upon the conciliator is not required.

INFOCivil cases

Service

Mail to all parties

If the order is granted, copies will be mailed to self-represented parties or to counsel for represented parties.

If the order is granted, the order will be filed in the Prothonotary’s Office and copies of the orders will be mailed to the parties, if self-represented, or counsel for the parties.

CRITICALCivil cases

Applies to

Motion

All parties must be served with a motion when it is filed, unless the Court excuses prior service for an emergency motion.

(G) Service. All motions shall be served upon all of the parties to the action contemporaneously with the filing of the motion with the Prothonotary. The Court may excuse prior service in the case of an emergency motion.