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

CRITICALCriminal cases

Applies to

Criminal proceeding notices

Service

Court service

The Court Administrator must serve copies of notices for the listed criminal proceedings.

(b) The Court Administrator shall serve copies of all notices for criminal case status conferences, omnibus pretrial motion hearings, ARD court, plea court, trials and sentencings.

CRITICALCivil cases

Service

Publication

If notice cannot be given in the prescribed manner, it must be published once in each of two specified publications at least 20 days before the hearing.

In the event notice cannot be given in such manner, notice shall be given by advertisement one time in the Armstrong County Legal Journal and one time in a newspaper of general circulation in the county where the decedent resided. The date of publication shall be at least twenty (20) days prior to the hearing.

CRITICALCivil cases

Proof that the notice was served must be presented to the Court at the hearing.

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

CRITICALCivil cases

Service

Mail

The auditor or master must timely file the report and simultaneously serve notice by first-class mail on the specified interested parties, attach the report to the notice, and immediately file proof of service after mailing with a copy of the notice attached.

(a) An auditor or master shall timely file the report with the Clerk and simultaneously serve notice thereof upon the accountant or objector and all other interested parties who appeared at the hearing. The notice shall be given by first class mail. A copy of the report shall be attached to the notice. Proof of service of the notice shall be filed immediately after mailing of the same. A copy of the notice shall be attached to the proof.

CRITICALCriminal cases

The Sheriff, Adult Probation, Court Reporter, Court Administrator, and—when required or as a courtesy—the Judge must be served under Pa.R.Crim.P. 576.

The following offices must be served in accordance with Pa.R.Crim.P. 576: (1) Sheriff; (2) Adult Probation; (3) Court Reporter; (4) Court Administrator (includes service of motions for continuance, which must be filed and served no later than 48 hours before the time set for the proceeding); and (5) Judge (if service upon a judge is required, or is provided as a courtesy)

CRITICALCivil cases

The Master must give notice of the return of sale and proposed schedule of distribution using Rule 1559's notice procedures.

Notice of the return of sale and proposed schedule of distribution shall be given by the Master in the same manner prescribed by L.R.C.P. No. 1559.

CRITICALCivil cases

Service

Mail

(a) The auditor or master shall fix a date, time and place for hearing and shall give written notice of the hearing to the accountant, objector or petitioner and to all interested parties or their counsel of record by first class mail at least twenty

(a) The auditor or master shall fix a date, time and place for hearing and shall give written notice of the hearing to the accountant, objector or petitioner and to all interested parties or their counsel of record by first class mail at least twenty

CRITICALCivil cases

Applies to

Inventory copy

A copy of the inventory must be served on all interested parties in the same manner as an account.

(b) A copy of the inventory shall be served upon all interested parties in the same manner as an account is served.

CRITICALCivil cases

Service

Publication

Unless the Court orders otherwise, the Master must publish public-sale notice weekly for three consecutive weeks in specified publications, with the final publication at least 10 days before the sale.

Unless otherwise directed by special order of Court, notice of a public sale shall be given by the Master by publication of a notice once a week for three (3) consecutive weeks in a newspaper of general circulation in each county in which the property is located and in the Armstrong County Legal Journal. The last publication shall be no less than ten (10) days before the date of sale.

CRITICALCivil cases

The petitioner must proceed by notice as provided in subsection (c).

The petitioner shall proceed by notice as set forth in subsection (c) of the Rule.

CRITICALCivil cases

Preliminary notice concerning a proposed partition, allotment, or inability to partition must be given using the notice procedures in Rule 1559.

Preliminary notice of a proposed partition and allotment or purports under Pa.R.C.P. No. 1560(b) or (c) or the inability to partition the property as provided under Pa.R.C.P. No. 1563 shall be given in the same manner as prescribed by L.R.C.P. No. 1559.

CRITICALCivil cases

The petitioner must notify persons who would inherit if the alleged incapacitated person died intestate and the person or institution providing residential services.

The petitioner shall give notice to all persons who are residing within the Commonwealth of Pennsylvania who are sui juris and would be entitled to share in the estate of the alleged incapacitated person if he died intestate at that time; to the person or institution providing residential services to the alleged incapacitated person.

CRITICALCivil cases

If a person entitled to notice is not sui juris, address the notice to the guardian, if any, or otherwise to the person with legal custody or who maintains that person.

When a person entitled to notice is not sui juris, such notice shall be addressed to his guardian if any, and if no guardian, to the person having legal custody or by whom such person is maintained.

CRITICAL

Applies to

Court orders and notices

Armstrong County Children, Youth and Family Services must serve all orders and court notices subject to the Rules of Juvenile Procedure—Dependency Matters.

All orders and court notices subject to the Rules of Juvenile Procedure – Dependency Matters – shall be served by the Armstrong County Children, Youth and Family Services.

CRITICALCivil cases

At least three days before the preliminary conference, the parties must exchange memoranda stating their views and positions on the issues and provide the master a copy.

At least three (3) days in advance of the preliminary conference, the parties shall exchange memoranda expressing their perceptions of and position on the issues, providing the master with a copy of the same.

CRITICALCivil cases

Service

Court service to opposing party

A defendant arrested for an alleged Protection from Abuse order violation must be served with a certified copy of the complaint by the Court or Magisterial District Judge at the preliminary arraignment.

A defendant in a Protection from Abuse proceeding who has been arrested for an alleged violation of an order shall be served with a certified copy of the Indirect Criminal Contempt Complaint by the Court or the Magisterial District Judge at the preliminary arraignment.

CRITICALCivil cases

A citation must be returnable within 20 days after it is served on the person cited.

The citation shall be returnable within twenty (20) days of the date of its service upon the person cited.

CRITICALCriminal cases

The Sheriff, Adult Probation, Court Reporter, Court Administrator, and, when required or provided as a courtesy, the Judge must be served under Pa.R.Crim.P. 576.

F. The following offices must be served in accordance with Pa.R.Crim.P. 576: (1) Sheriff; (2) Adult Probation; (3) Court Reporter; (4) Court Administrator (includes service of motions for continuance, which must be filed and served no later than 48 hours before the time set for the proceeding); and (5) Judge (if service upon a judge is required, or is provided as a courtesy).

CRITICALCriminal cases

Applies to

Orders and court notices

Service

Court service

Except for the notices assigned to the Court Administrator in subsection (b), the Clerk of Courts must serve copies of all orders and court notices.

(a) Except as stated in subsection (b), below, the Clerk of Courts shall serve copies of all orders and court notices.

CRITICALCivil cases

Applies to

Motion

An auditor or master may retain experts only with leave of court, which may be sought by motion in Motions Court under the Local Rules of Civil Procedure, and all interested parties must receive notice of the motion's presentation.

(e) With leave of court, the auditor or master may retain experts as an aid in the performance of appointed duties. Leave may be obtained by motion presented in Motions Court pursuant to the Local Rules of Civil Procedure. All parties in interest shall receive notice of the presentation of such a motion.

CRITICALCivil cases

Applies to

Petition

The petitioner must serve certified copies of the petition and scheduling order on any non-petitioning parent at least ten days before the hearing, unless the specified written consent, joinder, or statement of no objection is attached.

A certified copy of the petition and a certified copy of the scheduling order shall be served by the petitioner upon any non-petitioning parent at least ten days in advance of the hearing unless the written consent, joinder or statement of no objection of the non-petitioning parent to the proposed compromise, settlement, discontinuance and distribution is attached to the petition.

CRITICALCivil cases

Service

Publication

If service of the petition and rule to show cause is by publication, publish it once in a newspaper of general circulation in the community where the safe deposit box is located.

If service of the petition and rule to show cause is to be accomplished by publication, the publication shall occur one time in a newspaper of general circulation in the community in which the safe deposit box is located.

CRITICALCivil cases

Serve a Rule 2232(a) notice as directed by a court special order entered after petition.

The notice required by Pa.R.C.P. No. 2232(a) shall be served as directed by special order of Court, entered after petition.

CRITICALCivil cases

Service

Mail

File an affidavit of service of the notice with the Prothonotary’s Office that identifies the recipients’ names and addresses and the mailing date.

An affidavit of service of such notice shall be filed with the Prothonotary’s Office and shall set forth the names and addresses of the persons to whom the notice was sent and the date of mailing such notice.

CRITICALCivil cases

A minor’s guardian must commence an action by filing a praecipe for writ of summons or a complaint and subsequently serve the writ or complaint before the court will entertain the petition.

The Court will not entertain a petition under Pa.R.C.P. 2039 unless the minor’s guardian has commenced an action in this Court by filing either a praecipe for writ of summons or a complaint, with subsequent service of the writ or the complaint.

CRITICALCivil cases

The Master must give interested persons written notice of the intended filing date for the report and proposed decree using Rule 1559's notice procedures.

The Master shall give all persons in interest written notice of the date on which he intends to file his report and proposed decree in the same manner prescribed by L.R.C.P. No. 1559.

CRITICALCivil cases

Applies to

Notice of hearing

If a living parent is not a petitioner, the petitioner must serve hearing notice on that parent and on any adult who had physical custody of the minor during the year before the petition was filed, at least 20 days before the hearing.

If a living parent of the minor is not one of the petitioners in the petition for appointment, the petitioner shall serve notice of the hearing upon such parent. The notice shall also be served on any adult who has had physical custody of the minor within the one-year period immediately prior to the filing of the petition. The notice must be served at least twenty (20) days prior to the hearing.

CRITICALCivil cases

Notice of the petition and hearing must be served on the specified persons and any other parties the Court directs at least 20 days before the hearing.

Notice of the petition for appointment of guardian and hearing shall be served upon all persons who are residing within the Commonwealth of Pennsylvania who are sui juris and would be entitled to share in the estate of the alleged incapacitated person if he died intestate at that time; to the person or institution providing residential services to the alleged incapacitated person; and to such other parties as the Court may direct, including services providers. Service of such notice must be given at least twenty (20) days in advance of the hearing.

CRITICALCivil cases

Counsel of record must receive written notice at least 20 days before an examination or hearing.

Where the parties have counsel of record, notice shall be given in writing to such counsel. The notice shall be given not less than twenty (20) days prior to making an examination or holding a hearing.

CRITICALCivil cases

The accountant must give all interested parties notice of the account’s filing at least 20 days before it is presented to the Court.

(b) Notice of the filing with the Clerk shall be given by the accountant to all interested parties at least twenty (20) days prior to the date when the same will be presented to the Court for confirmation and approval.

CRITICALCriminal cases

Attorneys and defendants proceeding without counsel who decline to participate in the PACFile System, or who are unable to electronically file or accept service of legal papers which were filed electronically, or are otherwise unable to access the PACFile System, shall be able to file legal papers in a physical paper format (a hard copy), in accordance with Pa.R.Crim.P. 576, and shall be served with a hard copy of legal papers which were electronically filed in accordance with Pa.R.Crim.P. 576.

Attorneys and defendants proceeding without counsel who decline to participate in the PACFile System, or who are unable to electronically file or accept service of legal papers which were filed electronically, or are otherwise unable to access the PACFile System, shall be able to file legal papers in a physical paper format (a hard copy), in accordance with Pa.R.Crim.P. 576, and shall be served with a hard copy of legal papers which were electronically filed in accordance with Pa.R.Crim.P. 576.

CRITICALCriminal cases

Deadline

48 hours

Applies to

Motion for continuance

A motion for continuance must be served at least 48 hours before the proceeding.

motions for continuance, which must be filed and served no later than 48 hours before the time set for the proceeding

CRITICALCivil cases

Applies to

Original process

Service

Publication

Notices constituting original process must be advertised in the Armstrong County Legal Journal.

The Armstrong County Legal Journal, the address of which is Law Library, Armstrong County Courthouse, Kittanning, PA 16201, shall be the legal publication for advertisement of notices constituting original process.

CRITICALCivil cases

Service

Publication to opposing party

Parties who cannot be notified under Rule 1559(a) or (b) must be notified once in each of two specified publications at least 20 days before the hearing or examination.

Notice to parties who cannot be notified pursuant to subsections (a) or (b) of this Rule shall be notified by publication in a newspaper of general circulation in Armstrong County one time and in the Armstrong County Legal Journal one time. Publication shall not be less than twenty (20) days before the date set for hearing or examination.

CRITICALCivil cases

The Prothonotary must serve all parties or their attorneys of record with the Rule 2352(a) statement or the Rule 2352(b) rule to show cause, as applicable.

The Prothonotary shall serve a copy of the statement filed under Pa.R.C.P. No. 2352(a) or a copy of the rule to show cause issued under Pa.R.C.P. No. 2352(b) upon all parties or their attorneys of record.

CRITICALCivil cases

Service

Mail to opposing party

Unrepresented parties must be notified by registered or certified mail and first-class mail at least 20 days before an examination or hearing; service is deemed made if the first-class notice is not returned, and publication is required if all notices are returned undelivered.

Parties not represented by counsel of record shall be notified both by registered or certified mail and by first class mail not less than twenty (20) days prior to the date of making an examination or holding a hearing. If the notice by first class mail is not returned as undelivered, service shall be deemed to have been made. If all such notice to a party is returned undelivered, notice shall be given to that party by publication as set forth in (c) below.

CRITICALCivil cases

Notice of a private sale confined to the parties must follow Rule 1559's notice procedures and may be combined with notice of the proposed partition.

Notice of private sale confined to the parties as required in Pa.R.C.P. No. 1566(c) shall be given in the same manner prescribed by L.R.C.P. No. 1559, and may be combined with notice of proposed partition as set forth in subsections (a) and (b) of this Rule.

CRITICAL

Service

Publication

If regular-mail notice cannot be given or is returned undelivered, notice must be published once in the Armstrong County Legal Journal at least 30 days before the general call.

ii) by publication one time in the Armstrong County Legal Journal, at least thirty (30) days before the date of the general call, where notice by regular mail cannot be given or has been returned undelivered.

CRITICALCivil cases

Unless the Court orders otherwise, a handbill giving public-sale notice must be conspicuously posted on the property at least 10 days before the sale.

Unless otherwise directed by special order of Court, notice of a public sale shall be given by the Master by publication of a notice once a week for three (3) consecutive weeks in a newspaper of general circulation in each county in which the property is located and in the Armstrong County Legal Journal. The last publication shall be no less than ten (10) days before the date of sale. Notice shall also be given by a handbill conspicuously posted on the property at least ten (10) days before the date of sale.

CRITICALCivil cases

Service

Mail to all parties

The chairperson must give written notice of a hearing at least 30 days beforehand to the parties or their attorneys of record and the other Board members.

Not less than thirty (30) days notice in writing shall be given by the chairperson to the parties or their attorneys of record and to other members of the Board.

CRITICALCivil cases

After serving a legal paper other than original process under Pa.R.C.P. No. 440, a proof of service must be filed with the Prothonotary stating whom, how, and when it was served.

After a legal paper other than original process has been served pursuant to Pa.R.C.P. No. 440, a proof of service shall be filed with the Prothonotary, indicating the person who has been served, the manner of service and the date of service.

CRITICALCivil cases

Service

Court service

The Prothonotary must serve notice of entry of the preliminary-objections order.

Notice of the entry of this Order shall be served by the Prothonotary.

CRITICALCivil cases

Deadline

2 business days

Serve the other parties with the motion papers and notice of presentation at least two business days beforehand, by personal service, first-class mail, or facsimile; mail service is complete upon receipt.

For all motions, requests and applications subject to the notice requirements of this rule, a copy of the same together with a notice of the date and time of the intended presentation shall be served upon the other parties at least two (2) business days in advance of the presentation. Service of the copy and the notice may be accomplished personally, by first class mail or by facsimile transmission. Service by mail shall be deemed to be accomplished on the date the mail was received.

CRITICALCivil cases

Service

Court service to all parties

The Prothonotary must serve all parties with notice of entry of the order on a motion for judgment on the pleadings.

Notice of the entry of this order shall be served upon all parties by the Prothonotary.

CRITICALCivil cases

Service

Mail to opposing party

If the defendant has not been arrested, the Court Administrator must serve a certified copy of the complaint on the defendant by first-class mail at the same time as the notice of non-jury trial.

If an arrest of the defendant has not been effected, the Court Administrator shall serve a certified copy of the Indirect Criminal Contempt Complaint upon the defendant by first class mail simultaneously with service of the notice of non-jury trial.

CRITICALCivil cases

(c) The Court Administrator shall cause each case on the Pre-Trial Conference List to be scheduled for a pre-trial conference before one of the judges of the Court. The Prothonotary shall serve a copy of the scheduling order upon all attorneys of record and upon all parties for whom no appearance has been entered, at least twenty (20) days before the scheduled date.

(c) The Court Administrator shall cause each case on the Pre-Trial Conference List to be scheduled for a pre-trial conference before one of the judges of the Court. The Prothonotary shall serve a copy of the scheduling order upon all attorneys of record and upon all parties for whom no appearance has been entered, at least twenty (20) days before the scheduled date.

CRITICALCriminal cases

C. Attorneys and defendants proceeding without counsel who decline to participate in the PACFile System, or who are unable to electronically file or accept service of legal papers which were filed electronically, or are otherwise unable to access the PACFile System, shall be able to file legal papers in a physical paper format (a hard copy), in accordance with Pa.R.Crim.P. 576, and shall be served with a hard copy of legal papers which were electronically filed in accordance with Pa.R.Crim.P. 576.

C. Attorneys and defendants proceeding without counsel who decline to participate in the PACFile System, or who are unable to electronically file or accept service of legal papers which were filed electronically, or are otherwise unable to access the PACFile System, shall be able to file legal papers in a physical paper format (a hard copy), in accordance with Pa.R.Crim.P. 576, and shall be served with a hard copy of legal papers which were electronically filed in accordance with Pa.R.Crim.P. 576.

CRITICALCivil cases

Service

Court service to all parties

The Clerk must serve a certified copy of each Court order, decree, memorandum, opinion, or similar filing on appearing lawyers and on interested parties without a lawyer.

The Clerk shall be responsible for serving a certified copy of each order, decree, memorandum and opinion, or the like, entered by the Court, upon all lawyers who have appeared in the matter and upon all interested parties for whom no lawyer has appeared.

WARNING

Service

Mail to all parties

Notice of an opportunity for hearing may be given in person or by regular mail to the parties’ or counsel’s last address of record.

i) in person or by regular mail to the last address of record of the parties or their counsel of record; or

WARNINGCivil cases

Service

Court service

The Prothonotary’s service of the document itself is sufficient notice of entry if its front page shows the entry date and time.

(b) Service by the Prothonotary of a copy of the document itself shall be sufficient notice of its entry if the front page of the copy bears the date and time of its entry.

WARNINGCivil cases

Service

Mail

The Prothonotary may serve notice on an unrepresented party by ordinary mail to the most recent address in that party’s pleading, or, if none, the most recent address in any pleading.

(c) The Prothonotary may serve the required notice upon an unrepresented party by ordinary mail, addressed to the party at the address most recently appearing in a pleading filed by him, or, if there is no such pleading, then to the most recent address appearing in any pleading.

WARNINGCivil cases

Advance notice of presentation of the counsel-appointment application is not required.

Notice in advance of the presentation of such application is not required.

INFOCivil cases

No party needs to receive advance notice that the petition seeking only issuance of a rule to show cause has been filed.

No advance notice of the filing need be given to any party.

INFOCivil cases

Applies to

Motion

No advance notice of filing the partition-by-default motion is required.

No advance notice of the filing of such a motion need be given.