Allegheny County Court of Common Pleas Service and Proof of Service Rules

Service

Publication

When notice must be published in a newspaper, an affidavit by the owner, publisher, or designated agent proving publication must be filed before entry of a final order, decree, or judgment.

In all actions where notice is required to be given by advertisement in a newspaper, proof of publication shall be made by the affidavit of the owner, publisher or the designated agent ===== PAGE 10 ===== thereof and filed of record before the entering of any final order, decree or judgment.

Service

Publication

All newspaper-advertised legal notices must also be published in the Pittsburgh Legal Journal.

The Pittsburgh Legal Journal is designated as the newspaper of this Court for the publication of legal notices. All notices which are required to be advertised in a newspaper shall also be advertised in the Pittsburgh Legal Journal.

Service

Electronic service to all parties

After an accepted electronic filing, the DCR automatically notifies and may electronically serve prior electronic filers with verified email addresses, while the filing party must serve everyone else as required by the rules.

(g) If a legal paper is electronically filed and accepted, the DCR will automatically notify all case participants with verified emails who have previously submitted electronic filings in the same case. The DCR is authorized to serve all case participants with verified emails who have previously submitted electronic filings in the same case with any Notice required under Pa.R.Civ.P. 236 or other rules of court. The filing party shall serve all others as required by rules of court.

The filing party remains responsible for serving all persons not covered by the DCR’s electronic notice procedure, as required by the rules of court.

The filing party shall serve all others as required by rules of court.

Applies to

Petition

A petition to strike or open a default judgment or judgment of non-pros must be served on all other parties before presentation to the General Motions Judge.

(a) A petition to strike and/or open a default judgment or a judgment of non-pros shall be presented to the General Motions Judge. It may be presented only after service of a copy of the petition and notice of the date of presentation on all other parties.

Applies to

Notice of final argument

After the Chief Motions Clerk sets the final-argument date and time, the moving party must promptly serve written notice of that date and time on all other parties.

The Chief Motions Clerk shall notify the moving party of the time and date for the final argument and the moving party shall promptly serve written notice thereof upon all other parties to the proceedings.

Applies to

Moving party brief

The moving party’s brief must be served on all other parties at least fourteen days before argument.

The brief of the moving party shall be filed with the Department of Court Records and served on all other parties at least fourteen (14) days prior to the argument.

Applies to

Petition to strike or open default judgment

After receiving the argument date, the moving party must immediately serve the petition on all other parties with notice of the argument date and time.

Once the moving party receives the argument date, the moving party shall immediately serve copies of the petition on all other parties with notice of the date and time of the argument.

Deadline

10 calendar days

Applies to

Motion

Except in emergencies or with consent of all other parties, a motion may be presented no earlier than ten days after service of the motion and notice of the presentation date, time, and location.

(2) Procedure applicable to all motions: A motion may be presented only after service of the copy of the motion and notice of the date, time, and location of presentation on all other parties. Except in cases of emergency, or with the consent of all other parties, the date of presentation shall be at least ten (10) days after service of a copy of the motion and the notice of the date of presentation.

Counsel must certify service of the motion, exhibits, and any proposed order on every other party or attorney of record when presenting a motion as uncontested or unopposed.

Note: In presenting a motion as uncontested or unopposed, counsel certifies to the court that a copy of the motion, exhibits, and any proposed order was served on every other party or attorney of record.

Applies to

Motion

After electronically filing a Housing Court motion, the moving party must serve all other parties with a copy of the motion and notice of the scheduled argument date and time.

After electronically filing the motion with the provided argument date, the Moving party shall serve a copy of the motion on all other parties with the notice of the date and time of the argument.

Applies to

Motion for late appeal

The filing party must serve the motion for late appeal on the opposing party and, when the filing party is the tenant, must also serve the Magisterial District Court that issued the disposition.

The filing party is required to serve the Motion for Late Appeal upon the opposing party, and if the filing party is the tenant, also required to serve the Motion for Late Appeal upon the Magisterial District Court issuing the Disposition.

Applies to

Case summary memorandum

A party filing the Case Summary Memorandum must serve it upon all parties and/or counsel.

Parties filing the Case Summary Memorandum must serve the Case Summary Memorandum upon all parties and/or counsel.

Applies to

Pretrial statement

Each party must file a written pre-trial statement and serve it on every other party in conformity with Pennsylvania Rule of Civil Procedure 212.2.

(a) Each party shall file and serve upon all other parties a written pre-trial statement in conformity with the requirements of Pa.R.C.P. 212.2, except as set forth in (b) below.

Applies to

Mediation certification

Plaintiff's counsel must serve the mediation certification on the Civil Division Calendar Control section and is subject to a $250 sanction for failing to file or serve it.

Failure to file the Certification required by subsection (a) and/or serve a copy of the Certification upon the Calendar Control section of the Civil Division as required by subsection (b) above shall result in the Plaintiff's Counsel being sanctioned by the Court $250.00.

Applies to

Post trial motion

A copy of each electronically filed post-trial motion must be delivered to the trial judge.

Post–Trial Motions shall be electronically filed [in the Office of the Department of Court Records]pursuant to Local Rule 205.4 and a copy shall be delivered to the Trial Judge.

Applies to

Subpoena

Hospital-records subpoenas must be served between 9:00 a.m. and 5:00 p.m. and at least two days before the appearance time, with the stated witness fee and mileage tendered at service.

(3) Subpoenas duces tecum for production of hospital records shall be served between the hours of 9:00 a.m. and 5:00 p.m. and at least two days before the time stated in the subpoena for appearance. A one-day witness fee and round-trip mileage shall be tendered at the time the subpoena is served.

Applies to

Subpoena

Service of an Allegheny County subpoena based on a foreign subpoena must comply with the specified Pennsylvania Rules of Civil Procedure.

(3) The Allegheny County subpoena, accompanied by the foreign subpoena, must be served in compliance with the applicable Pennsylvania Rules of Civil Procedure for subpoenas, including Rules 234.2, 234.3, 234.4, 4009.21, 4009.22, 4009.23, 4009.24, 4009.25, and 4009.27.

Applies to

Habeas corpus petition

Service

Court service to agency

When habeas corpus restraint arises from arrest and incarceration for a summary or criminal offense, notice of presentation and a copy of the petition must be provided promptly to the District Attorney of Allegheny County.

Where the restraint arises out of arrest and incarceration, for any summary or criminal offense, a notice of presentation and a copy of the petition for habeas corpus shall be given forthwith to the District Attorney of Allegheny County.

Applies to

Habeas corpus writ

Service

Court service

When the court directs issuance of a writ, the order must be filed with the Department of Court Records, a proper writ must be obtained there, and the writ must be served on the respondent as directed.

Upon the direction of the Court that a writ be issued, the order shall be filed with the Department of Court Records, and a proper writ of habeas corpus shall be procured from the Department of Court Records and served on the respondent as the Court may direct.

Service

Mail

The petitioner must serve notice of the appeal by first-class mail on all parties and the Board within seven days after filing and file proof of service.

Petitioner shall give notice of the appeal by first class mail, postage prepaid, to all parties and the Board of Property Assessment Appeals and Review, within seven (7) days of the filing of the appeal, and shall file proof of service thereof.

Applies to

Special masters report and recommendation

After the hearing, the Board of Viewers must file its Special Masters Report and Recommendation and provide the report and notice to counsel or unrepresented parties.

Following the hearing, the Board of Viewers shall file its written Special Masters Report and Recommendation with the Department of Court Records, Civil Division. This Special Masters Report along with a Notice in substantially similar form as set forth in Notice (FORM 503(14)) (see subsection 20(c) below), shall be provided to all counsel or parties if not represented by counsel pursuant to Local Rule 205.4(g).

Applies to

Objections to special masters report

Copies of the objections and certification must be served on counsel of record or unrepresented parties and on the Board of Viewers.

Copies of the objections and certification shall be served on all counsel of record or party(ies) if unrepresented, and the Board of Viewers.

Applies to

Brief in support of objections

The Brief in Support of Objections must be served on all counsel of record, unrepresented parties if applicable, and the Board of Viewers.

the objecting party shall electronically file a Brief in Support of Objections and shall serve a copy on all counsel of record or if counsel have not entered their appearance on the party(ies), and the Board of Viewers.

Applies to

Brief in opposition to objections

The opposition brief must be served on all counsel of record, unrepresented parties if applicable, and the Board of Viewers.

responding parties shall file their Briefs in Opposition to Objections and serve a copy on all counsel of record or on the party(ies) if unrepresented, and the Board of Viewers.

Applies to

Notice that matter is ripe for decision

The objecting party must serve the Notice That Matter is Ripe for Decision on all counsel of record, unrepresented parties if applicable, and the Board of Viewers.

The objecting party shall serve a copy of this Notice on all counsel of record or if counsel have not entered their appearance on the party(ies), and upon the Board of Viewers.

Applies to

Objections

Copies of the objections and required certification must be served on the Board of Viewers’ Administrative Chair and on all counsel of record, or on the unrepresented parties themselves.

Copies of the Objections and certification shall be served on the Administrative Chair of the Board of Viewers (Room 811, City- County Building) and on all counsel of record or the parties, if unrepresented.

Applies to

Brief

Service of the objecting party’s brief is required within twenty days after the overdue notice, failing which the objections will be overruled with prejudice.

If it is not filed and served within twenty (20) days of the date of this letter, A COURT ORDER PURSUANT TO LOCAL RULE 503(16)(b) WILL BE ISSUED OVERRULING YOUR OBJECTIONS WITH PREJUDICE.

Applies to

Notice of appeal

Service

Mail to all parties

An appellant must serve notice of appeal by first-class mail on all parties and the Board within seven days after filing and electronically file proof of service.

Appellant shall give notice of the appeal by first class mail, postage prepaid, to all parties and the Board of Property Assessment Appeals and Review, within seven days of the filing of the appeal and shall electronically file proof of service thereof.

Applies to

Notice of motion

Service

Mail

For a minor's name-change petition, the petitioner must obtain the non-petitioning parent's consent affidavit and/or forthwith serve a copy of the scheduling order by certified and regular mail.

IT IS FURTHER ORDERED that Petitioner(s) shall obtain an affidavit of consent from the non- petitioning parent and/or serve a copy of this scheduling order by certified and regular mail forthwith.

Applies to

Scheduling order

The petitioner must serve the Family Division scheduling order on the opposing party in accordance with the Rules of Civil Procedure.

The party who filed the Petition for Change in Name shall be responsible for serving the Family Division scheduling order on the opposing party in a manner consistent with the Rules of Civil Procedure.

Properly designated Article VIA supporting or opposition documents may be admitted without authentication witnesses if every other party receives at least 20 days' notice and a copy of each document.

(b) Documents in support of or in opposition to damages or benefits payable under Article VIA of the Eminent Domain Code which properly have been designated under subsection (1) of this local rule as issues to be litigated before the Viewers shall be admitted into evidence at the Viewers' Hearing without the necessity of calling a witness to authenticate the document or to testify about the document's contents, provided that at least twenty (20) days' notice of the intention to offer such documents was given to every other party accompanied by a copy of each document to be offered.

Applies to

Petition for appointment of viewers

Before presenting a petition for appointment of viewers, the petitioner must serve a copy on the Chief Clerk of the Board of Viewers.

(5) Before presentation of a petition for the appointment of viewers to the Administrative Judge, or such other Judge as the Administrative Judge may designate, the petitioner shall serve a copy of the petition on the Chief Clerk of the Board of Viewers. The Chief Clerk shall thereupon designate the particular members of the Board of Viewers to serve in the case by completing Appointment of Viewers (FORM 604) (see subsection (8) below).

Applies to

Petition for appointment of viewers

Service

Mail to opposing party

A condemnee must promptly send each petition copy by registered or certified mail, return receipt requested and postage prepaid, to the adverse parties and all known interested condemnees.

(6) A copy of any petition filed by a condemnee shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to the adverse party or parties as required by Section 1-502(f) of the Eminent Domain Code and to all other condemnees known to the condemnee filing the petition to have an interest in the property.

Applies to

Petition for appointment of viewers

Service

Mail

A condemnor must promptly send a copy of the petition by registered or certified mail, return receipt requested and postage prepaid, to all known interested condemnees.

(7) A copy of any petition filed by a condemnor shall be sent promptly by registered or certified mail, return receipt requested, postage prepaid to all condemnees known to the condemnor to have an interest in the property.

Applies to

Proposed findings conclusions

Written proposed findings of fact must be served within ten days after the hearing.

A party must orally make this request known to the Viewers and to opposing parties no later than the conclusion of the Hearing and shall electronically file and serve written proposed findings of fact within ten days of the conclusion of the Hearing.

Applies to

Assessment exceptions

Exceptions to a schedule of proposed awards and assessments must be served on the Chief Clerk of the Board of Viewers within ten days after the schedule is exhibited.

In municipal improvement assessment proceedings, exceptions to the schedule of proposed awards and assessments shall be electronically filed pursuant to Local Rule 205.4 with the Department of Court Records and served upon the Chief Clerk of the Board of Viewers within ten (10) days following the exhibition of the schedule.

Applies to

Appeal

The appellant must serve the appeal on all other parties and the Board of Viewers within five days after filing and file proof of service on all parties.

The appealing party shall serve a copy of the appeal on all other parties and upon the Board of Viewers within five (5) days after filing. The appellant shall file proof of service of a copy of the appeal upon all parties.

Applies to

Appeal

An appellant obtaining an argument date must promptly serve notice of that date on all other parties.

The appealing party shall promptly serve notice of the date obtained upon all other parties.

Applies to

Pretrial statement

The condemnor(s) and condemnee(s) must electronically file and serve the opposing party or parties a pre-trial statement under Local Rule 205.4 thirty (30) days before the first day of the applicable trial term.

Thirty (30) days prior to first day of the applicable trial term, the condemnor(s) and condemnee(s) shall electronically file a pre-trial statement pursuant to Local Rule 205.4 and serve the opposing party or parties which contains the following:

Applies to

Petition for appointment of viewers

Before presenting the petition to the Eminent Domain Judge or designated judge, the petitioner must serve a copy on the Chief Clerk of the Board of Viewers.

Before presenting a Petition for Appointment of Viewers (FORM 616) (see subsection (13) below) to the Eminent Domain Judge, or such other judge as the Administrative Judge may designate, the petitioner shall serve a copy of the petition with the Chief Clerk of the Board of Viewers.

Applies to

Petition for appointment of viewers and scheduling order

Service

Mail to opposing party

If the petitioner is the condemnee, the petitioner and scheduling order must be served on the condemnor by certified mail, Sheriff's service, or personal service.

(a) If the petitioner is the condemnee, the petitioner must serve a copy of the petition for appointment of viewers and the scheduling order on the condemnor by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service.

When the condemnor files the petition, it must serve the petition and scheduling order on all affected condemnees using one of three specified methods.

If the petitioner is the condemnor, the petitioner must serve a copy of the Petition for Appointment of Viewers and the scheduling order on all condemnees affected by the petition by certified mail, return receipt requested postage pre-paid, by Sheriff's service, or by personal service.

Service

Publication to court

The condemnor must publish notice of the scheduling order and file a copy with the municipal clerk.

In addition, the condemnor shall advertise the scheduling order in a publication of general circulation, and shall file a copy of the scheduling order in the office of the clerk of the municipality where the property(ies) is located.

Within 10 days after receiving the scheduling order, the condemnor must serve the Viewers with the required documents and serve all affected parties or their counsel of record.

Within ten (10) days after receiving a copy of the scheduling order entered after presentation of a Petition for Appointment of Viewers filed on behalf of a condemnee, the condemnor shall serve the Viewers with a copy of those documents which Local Rule 616(b) requires the condemnor to attach to a Petition for Appointment of Viewers filed on behalf of a condemnor and shall serve a copy on all affected parties or their counsel of record.

Applies to

Initial report

Service

Mail

The Viewers must mail the initial report and attached notice to the condemnor or its counsel of record.

The Viewers shall mail a copy of their initial report (with the notice attached) to the condemnor or its counsel of record pursuant to Pa.R.Civ.P. 205.4(g)

Applies to

Initial report

The condemnor must immediately post the Viewers' initial report with the municipal clerk.

The condemnor shall immediately post a copy of the initial report in the office of the clerk of the municipality where the property or properties are located.

Applies to

Initial report

Within 10 days of the initial report, the condemnor must serve all affected condemnees with the report and attached notice by one of three specified methods.

Within ten (10) days of the date of the Viewers' initial report, the condemnor shall serve all affected condemnees with a copy of the Viewers' initial report and the attached notice by certified mail, return receipt requested postage pre- paid, by Sheriff's service, or by personal service.

Applies to

Final report

Within 20 days after the exceptions hearing, the Viewers must serve the final report on every party.

Within twenty (20) days after the exceptions hearing, the Viewers shall serve a copy of their final report on all parties.

Applies to

Final report

Within 5 days of the final report, the condemnor must post the report and attached notice with the municipal clerk.

Within five (5) days of the date of the Viewers' final report, the condemnor shall post the Viewers' final report with the notice attached in the office of the clerk of the municipality where the property or properties are located.

Applies to

Notice

Service

Publication to all parties

Within 5 days of the final report, the condemnor must arrange publication in the next available general-circulation issue of the prescribed notice.

Within five (5) days of the date of the Viewers' final report, the condemnor also shall make arrangements to advertise in the next available issue of a publication of general circulation a notice in the following form:

Applies to

Notice of filing

The petitioner must conspicuously post the filing notice on the subject property, including the docket number, order, and hearing date.

(1) The petitioner shall conspicuously post the Notice of the Filing of the Petition, including the Allegheny County docket number, the Order and the hearing date, on the subject property 105 ===== PAGE 106 ===== pursuant to Section 1104(d)(1) of the Act.

Applies to

Notice and petition

Copies of the notice, petition, and all exhibits must be served on the owners, municipal solicitor, Allegheny County Law Department, relevant municipal authorities, and all lienholders.

(2) A copy of the Notice and Petition, including all exhibits, shall be served pursuant to the Act on the following individuals and entities:

Applies to

Notice and petition

Service

Mail

Service generally must be made by registered or certified mail to each listed recipient's last known address, with statutory alternative methods required if mail service cannot be completed.

(3) Except as set forth in subsection (a) below, service shall be made by registered or certified mail to each of the above individuals and entities at their last known address. If service cannot be completed by registered or certified mail, service must be completed in accordance with Section 1104(d)(2—5) of the Act.

Applies to

Notice and petition

Proof of service must be filed with the Department of Court Records and include an executed affidavit of posting service and one of the specified additional forms of proof.

(4) Proof of service of the Notice and Petition shall be filed with the Department of Court Records. Proof of service shall include an executed affidavit of service by posting and one of the following:

Applies to

Notice of filing of petition for appointment of conservator

Service

Personal service

The Petitioner must serve or mail the Notice, Petition for the Appointment of a Conservator with all exhibits, and hearing-scheduling order as required by local rule.

As required by local rule, the Petitioner shall serve or mail a copy of this Notice, the Petition for the Appointment of a Conservator together with all exhibits, and a copy of the court order scheduling a hearing.

Applies to

Notice of filing of petition for appointment of conservator

Service

Publication

A copy of the notice, excluding the petition, exhibits, and court order, must be posted at the property.

A copy of this Notice (without the Petition for the Appointment of a Conservator, exhibits or court order) will also be posted at the property.

Applies to

Order scheduling status conference or rule to show cause hearing

Service

Court service to all parties

The Department of Court Records must serve on the parties an order scheduling a status conference or Rule to Show Cause hearing after the Motion to Obtain a Hearing is filed and submitted.

An Order scheduling a Status Conference or Rule to Show Cause hearing following the filing and submission of the Motion to Obtain a Hearing will be filed with the Department of Court Records, and the Department of Court Records shall serve the Order upon the parties pursuant to Pa.R.C.P. 236.

Applies to

Motion to obtain a hearing

A Motion to Obtain a Hearing filed under Rule 705 must be served in accordance with Local Rule 703.

Any Motion to Obtain a Hearing filed pursuant to this Rule shall be served pursuant to Local Rule 703.

Applies to

Petition for conservatorship

The petitioner must produce proof of service complying with the applicable Local Rules at the hearing.

Proof of service that complies with these Local Rules

Applies to

Final plan

The Final Plan for Abatement must be served on all parties before the hearing, with the filing and service occurring at least 30 days before the hearing.

(1) If a Final Plan for Abatement is not presented at the initial conservatorship hearing, the conservator shall file with the Department of Court Records and serve on the parties a Final Plan for Abatement no less than thirty (30) days prior to the Final Plan for Abatement hearing date.

Applies to

Motion

The conservator must file a motion for a Final Plan hearing with Court Records and serve the filing on all parties.

(2) The conservator shall file a motion for a hearing on the Final Plan for Abatement with the Department of Court Records and serve said documents on all parties.

Applies to

Motion

The conservator must file a motion for a hearing on the conservator's lien with Court Records and serve it on all parties.

(1) The conservator shall file a motion to obtain a hearing on the conservator's lien with the Department of Court Records and serve said motion on all parties.

Applies to

Preliminary objections

The filing party must promptly serve copies of the preliminary objections on all other parties and, after argument is set, promptly serve notice of the argument date and time.

(iii) The party filing the preliminary objections shall, promptly after filing, serve copies of these preliminary objections on all other parties and shall promptly serve all other parties with notice of the date and time of the argument, after the date and time for argument has been set.

Applies to

Preliminary objections

After receiving an argument date, the moving party must immediately serve the other parties with copies of the preliminary objections and notice of the argument date and time.

Once the moving party is assigned an argument date, they shall immediately serve copies on of the preliminary objections on all other parties with notice of the date and time of the argument.

Applies to

Motion for judgment on the pleadings

After filing a motion for judgment on the pleadings, the moving party must promptly serve copies on all other parties and file a certificate of service.

The party filing the motion shall, promptly after filing, serve copies of the motion on all other parties and file a certificate of service.

Applies to

Notice of argument date and time

When notified of the argument-list assignment, the moving party must promptly serve all other parties with notice of the argument date and time and file a certificate of service.

Furthermore, upon notification of the date of the argument list on which the motion will be argued, the moving party shall promptly serve all other parties with notice of the date and time of the argument and file a certificate of service.

Applies to

Scheduling order

The scheduling order must be served on all parties under Rule 236(a)(2).

The Court will file an order scheduling argument on the motion; said order shall be served on all parties pursuant to Rule 236.(a)(2).

Applies to

Arbitration discovery requests

A defendant must provide the information sought in arbitration discovery requests within 30 days after receiving them.

(2) The defendant shall furnish the information sought in the discovery requests within thirty (30) days of receipt of the discovery requests.

Applies to

Arbitration discovery requests

The plaintiff must provide the information sought in the discovery requests within thirty (30) days of receiving them.

(4) The plaintiff shall furnish the information sought in the discovery requests within thirty (30) days of receipt of the discovery requests.

Applies to

Discovery requests

A responding party must provide the information sought in these discovery requests to every other party within 30 days after service.

Within thirty (30) days of service of these discovery requests, you shall provide the information sought in these discovery requests to every other party to this lawsuit.

Applies to

Complaint

The filing party must notify all parties to be served with the complaint of the arbitration hearing date, time, and place, and that notice must accompany the complaint copy.

The filing party shall notify the parties to be served with copies of the Complaint of the date, time and place of hearing before a Board of Arbitrators, which notice shall be served with the copy of the Complaint

Service

Mail to opposing party

A copy of the Notice must be mailed to the plaintiff or the plaintiff's attorney, as certified in the document.

I certify that I have mailed a copy of this Notice to the Plaintiff or the Plaintiff's attorney.

Applies to

Custody confirmation complaint

All parties must be served with the movant’s custody confirmation complaint and exhibits in accordance with Pa.R.Civ.P. 1930.4.

All parties must be served in accordance with Pa.R.Civ.P. 1930.4 with movant’s Complaint for Confirmation of Custody together with the exhibits.

The moving party is solely responsible for serving the listed custody-action documents on responding parties within five days after the Scheduling Order date.

The moving party shall be solely responsible for serving the responding party(ies) with true and correct copies of the court’s papers initiating the custody action, the Scheduling Order, the Domestic Violence Waiver and the Program descriptions within five days of the date of the Scheduling Order.

Applies to

Proof of service

The moving party must file a proof of service identifying the date, time, and manner of service with the Department of Court Records and the Generations Center.

The moving party shall also file a Proof of Service indicating the date, time and manner of such service with the Department of Court Records and the Generations Center.

Applies to

Petition for de novo hearing

The petition for de novo review must be served on the other parties and the Parenting Coordinator in accordance with the Rules of Civil Procedure.

The Petition must be served on the other party(ies) and the Parenting Coordinator, in accordance with the Rules of Civil Procedure.

The party filing the praecipe must serve a copy of the rule on the opposing party.

The party filing the praecipe is responsible for serving copy of the rule on the opposing party.

The party filing the praecipe must serve the opposing party with a hearing notice containing the requested relief and a copy of the proposed order.

The party filing the praecipe is responsible for serving the opposing party with the notice of the hearings before the court. This hearing notice shall also contain a statement to the opposing party as to exactly what relief is sought as well as a copy of the proposed order required by paragraph (E) below.

Applies to

Hearing notice

The hearing notice and proposed order must be served in accordance with Rule 1920.51.

Service of this notice of hearing and proposed order shall be made in accordance with Rule 1920.51.

Service

Mail

The moving party must mail or otherwise deliver a Notice of Intention giving the responding party 20 additional days to deny the allegations, and registered or certified mail is not required.

the moving party shall mail to the responding party’s current address or otherwise deliver to the responding party a Notice of Intention as required by Pa.R.C.P. 1290.42(c) giving the responding party 20 additional days in which to deny these allegations. The 20 additional days to be given the responding party in the Notice of Intention begins to run on the date on which the notice is mailed or delivered. Registered or certified mail is not required.

An affidavit of service is necessary when the complaint and the Section 3301(d) affidavit were served simultaneously.

However, only on affidavit of service is necessary if the complaint and the 3301(d) affidavit were served at the same time.

Applies to

Praecipe for conciliation date

Copies of the Praecipe for Conciliation Date must be served on all parties of record.

either party may obtain a date for conciliation of the divorce claim from the docket clerk, Room 611, City- County Building, and then filing a “Praecipe for Conciliation Date” listing such date with the Department of Court Records (City-County Building, 1st Floor) and serving copies of same on all parties of record.

Applies to

Exceptions

Copies of exceptions to the master’s report must be served on the opposing party.

Copies of the exceptions shall be served on the opposing party.

Applies to

Notice of hearing

Service

Mail to opposing party

When the defendant was served under Rule 412 or 403, notice of the hearing must be served by ordinary mail to the stated address.

Serve notice of hearing upon Defendant by ordinary mail addressed as follows:

Applies to

Notice of hearing

Service

Mail to opposing party

When the defendant was served under Rule 430, notice of the hearing must be served by registered mail to the defendant’s last known address.

Serve notice of hearing upon defendant by registered mail at Defendant’s last known address:

Applies to

Exceptions to masters report and recommendations

A party filing exceptions must immediately serve all other parties and the court reporter and, unless the court orders otherwise, order the transcript of testimony if it has not already been filed.

Any party filing exceptions shall immediately serve them upon all other parties and the court reporter and shall, unless otherwise provided by order of court, order the transcript of testimony, unless the transcript has previously been filed.

Applies to

Motion

A motion generally requires seven days' notice of presentation, but an emergency or the opposing party's consent permits shorter notice.

Seven days’ notice of presentation of any motion is required absent an emergency or consent by the opposing party to a shorter notice of presentation.

Applies to

Preliminary objections

The objector must serve all parties with notice of the time and place of argument.

Objector shall serve notice on all parties of the time and place of argument.

Applies to

Petition for enforcement

The respondent must receive notice before the enforcement petition is presented, and after the court permits proceeding the petitioner must serve the court order on the respondent and file proof of service.

No petition shall be presented unless notice of its presentation is given to the respondent. If the court enters an order permitting the petitioner to proceed, the petitioner shall obtain immediately from the Docket Clerk a date for the conciliation or contempt hearing, file the original copy of the petition with the Department of Court Records, serve the respondent with the court order and file proof of service.

Applies to

Summary judgment or judgment on the pleadings

The movant must serve all parties with notice of the time and place of argument.

Movant shall serve notice on all parties of the time and place of argument.

Applies to

Annuity contract

A copy of the local rule must be served on the annuity-issuing company, and proof of that service must be filed with the Clerk of the Orphans’ Court Division.

A copy of this local rule shall be served upon the company issuing the annuity contract and proof of service thereof shall be filed with the Clerk of the Orphans’ Court Division of this Court.

Service

Personal service

Service on persons entitled to damages must be made by personal service by a competent adult or by registered mail.

Service under this rule shall be made by personal service by any competent adult as provided in Pa.R.C.P. 402 or by registered mail pursuant to Pa.R.C.P. 403.

Notice must be given to the party executing the judgment when a stay-of-execution application will be made.

Notice shall be given to the party executing the judgment when application will be made for a stay of execution.

Service

Court service

A stay-of-execution order must be certified as true and correct and provided to the Sheriff.

Orders staying execution, certified to be true and correct by the Department of Court Records, an attorney or a party litigant, shall be provided to the Sheriff.

Applies to

Return of service

Service

Mail

A copy of the return of service must be filed with the Sheriff at least five days before the sale, with original returned mailing cards attached when applicable.

A copy of the return of service filed in accordance with Pa.R.C.P. 3129.2(c)(2) must be filed with the Sheriff not less than five days prior to the sale. The return of service must have the original returned mailing cards attached, if applicable.

Applies to

Notice of garnishee

Written notice of a judgment-assessment hearing must be served on the garnishee at least twenty days before the hearing, with a copy to the defendant and proof of service.

Written notice to the garnishee in the form provided by Pa.R.C.P. 3146(a)(2) shall be served in accordance with Pa.R.C.P. 440 at least twenty days prior to the scheduled hearing. The Plaintiff shall serve the garnishee with a copy to the Defendant. Service shall be evidenced by a certificate of service.

Applies to

Order to strike off or amend delinquent tax liens

Counsel must serve certified copies of all orders striking off or amending delinquent tax liens on the Controller’s Office and the County Law Department.

Counsel shall serve certified copies of all such orders of Court on the Controller's Office and the County Law Department.

Applies to

Order changing property ownership or description

Counsel must serve certified copies of orders changing property ownership or description on the Register of Deeds Office.

Counsel shall also serve certified copies of orders of Court changing ownership or description of property on the Register of Deeds Office.

Applies to

Notice of filing

The plaintiff must serve notice of the trial-list praecipe's filing on every other party using FORM 4003.5E.

The plaintiff shall serve a notice of the filing of the praecipe on all other parties (FORM 4003.5E) (see subsection (10)(e) below).

Applies to

Expert report production request

The requesting party must serve each expert-report production request on all other parties.

All requests for the production of expert reports shall be served by the requesting party on all other parties

Applies to

Expert report

The responding party must serve copies of all furnished expert reports on all other parties.

copies of all expert reports furnished pursuant to this local rule shall be served by the responding party on all other parties

Deadline

180 calendar days

Applies to

Expert report

A defendant receiving a request must furnish the requested expert reports within 180 days after service of the request.

within one hundred and eighty (180) days of service of this request to furnish me expert reports

Deadline

60 calendar days

Applies to

Expert report

A defendant or additional defendant receiving a plaintiff's request must furnish the requested expert reports within 60 days after service of the request.

within sixty (60) days of service of this request to furnish me expert reports

Applies to

Expert report

The responding party must serve copies of all expert reports on all other parties.

You shall serve copies of all expert reports on all other parties

Copies of all expert reports must be served on every other party.

You shall serve copies of all expert reports on all other parties.

Service

Court service

The attorney must attend all Family Division proceedings and receive service for the client in all causes of action identified on the appearance praecipe.

The attorney must appear at all Family Division proceedings and receive service on behalf of his/her client with respect to all causes of action in which the attorney has indicated on the praecipe for appearance he/she is representing his/her client.

Applies to

Exceptions

Exceptions must be served on all other parties, and the original plus one copy must be filed with the Exceptions Clerk by the end of the next business day after filing with the Department of Court Records.

(h) (1) Any party filing exceptions shall serve them upon all other parties and file the original and one copy with the Exceptions Clerk by the end of the next business day following the filing of the exceptions with the Department of Court Records.

Applies to

Notice of appeal

Service

Mail

When filing an appeal from a Magisterial District Court judgment in a landlord-tenant matter, the appellant must use Department of Court Records envelopes and address them to each other party, the judge, and, when applicable, self and each other defendant.

(1) At the same time an appeal is filed from a judgment entered by a Magisterial District Judge in actions seeking possession of real property (“Landlord Tenant Matters”), every appellant shall, using envelopes provided by the Department of Court Records with the Department of Court Records return address,

Applies to

Writ of certiorari

Service

Mail

The Department of Court Records must mail the writ of certiorari by first-class mail to every party other than the filing party and to the Magisterial District Judge.

(1) The Department of Court Records shall mail a copy of the writ of certiorari by first class mail using the addresses listed on the complaint form filed in the office of the Magisterial District Judge:

Applies to

Statement of objections

Service

Mail to all parties

The Department of Court Records must mail a hearing-stamped copy of each Statement of Objection to every party by first-class mail.

Using the envelopes addressed by the claimant filing the Statement of Objection under subsection (1) of this local rule, the Department of Court Records shall mail by first-class mail to every party a copy of the Statement of Objection which has been stamped with the date, time and place of the arbitration hearings.

Applies to

Statement of objections

Service

Mail

A first-class mailing functions as service and proof of service when the Department of Court Records so indicates, and any returned mail must be noted on the docket.

Such first-class mailings under subsection (3) of this local rule, when indicated on the record by the Department of Court Records, shall operate as service and proof of service. Any returned mail shall be noted on the Court’s docket.

Applies to

Certificate of service

Service

Email

The Certificate of Service may list an email address or a telephone number used for facsimile transmission when service was made that way and is authorized under the Pennsylvania Rules of Civil Procedure.

The address listed in the Certificate of Service may be an e-mail address or telephone number used for a facsimile transmission where service was made in this fashion provided that such service is authorized under the Pennsylvania Rules of Civil Procedure.

Applies to

Notice and petition

Service

Email

Email service is permitted when the recipient has agreed to accept service by email.

(a) Service may be effectuated by email upon any entity or individual that has agreed to accept service by email.

Applies to

Notice of filing of petition for appointment of conservator

Service

Publication

The notice must be conspicuously posted on a sign at least four feet high and prominently displayed on the front of the dwelling if one exists.

Note: The above Notice of Filing should be conspicuously posted on the property, prominently displayed on the property using a sign affixed to a stake that is no less than four (4) feet in height and displayed prominently on the front of the physical dwelling if such a building exists.

Applies to

Notice of sheriffs return

Service

Court service

The Sheriff must provide the judgment debtor postcard notice of the filing of the Sheriff's return at the judgment debtor's last known address.

Postcard notice of the filing of the Sheriff's return shall be given by the Sheriff to the judgment debtor at the judgment debtor's last known address.

Applies to

Arbitration discovery requests

In a personal injury compulsory arbitration case, the plaintiff may serve arbitration discovery requests with the complaint served on the defendant or afterward.

(1) For any personal injury claim filed in Compulsory Arbitration, the plaintiff may serve arbitration discovery requests (see FORM 1301.1A) (see subsection (8)(a) below) either together with the copy of the Complaint served on the defendant or thereafter.

Applies to

Arbitration discovery requests

In a personal injury compulsory arbitration case, a defendant may serve arbitration discovery requests with the answer served on the plaintiff or afterward.

(3) For any personal injury claim filed in Compulsory Arbitration, any defendant may serve arbitration discovery requests (see FORM 1301.1B) (see subsection (8)(b) below) either together with a copy of the Answer served on the plaintiff or thereafter.