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

CRITICALCivil cases

Service

Publication

Notices required to be published in a legal periodical must be published in the Beaver County Legal Journal.

“Publication.” The Beaver County Legal Journal shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, the Pennsylvania Orphans' Court Rules or by Order or Decree of Court.

CRITICAL

Deadline

3 business days

The adverse party must receive written notice of the motion’s presentation time at least three business days beforehand.

At least three business days written notice shall be given to the adverse party of the time such motion is to be presented to the trial judge.

CRITICAL

Applies to

Demand for de novo hearing

A demand for a de novo hearing filed after entry of a Proposed Interim Order must be served under Pa.R.C.P. 440.

(d) A demand for de novo hearing filed after the entry of a Proposed Interim Order must be served pursuant to Pa.R.C.P. 440.

CRITICALCriminal cases

Applies to

Transcript motion

Counsel for the Commonwealth shall be notified of such motion and may then request in writing transcription of additional portions of the record stating reasons therefor.

Counsel for the Commonwealth shall be notified of such motion and may then request in writing transcription of additional portions of the record stating reasons therefor.

CRITICAL

Petitioner's counsel must file proof of service after serving the petition and rule.

and file proof of service.

CRITICALCriminal cases

Service

Court service

The Clerk of Courts must serve trial notice under Pa.R.Crim.P. 577 on the defendant and counsel, the listed bail representatives, and Commonwealth counsel, who must notify the police agency, victim, and other witnesses.

Notice shall be served in accordance with the provisions of Pa.R.Crim.P. Nos. 577 by Clerk of Courts to: (a) Defendant and his/her counsel (b) Professional Bondsman, Surety or Bail Agency, and (c) Counsel for the Commonwealth, who shall be responsible to notify the Police agency, the victim and all other witnesses.

CRITICAL

Applies to

Discovery response

Responses to discovery in the non-residential property track must be furnished within 45 days of the requests.

Responses to discovery shall be furnished within forty-five (45) days of the date of the requests.

CRITICAL

Applies to

Bill of costs

A copy of a bill of costs must be served on opposing counsel pursuant to Pa.R.C.P. 440.

A copy of the bill of costs shall be served on opposing counsel pursuant to Pa.R.C.P. 440.

CRITICAL

Family motions, including special-relief motions, must be presented to the assigned motions judge after notice is given to the opposing party or counsel under LR208.3(a)(3), with a courtesy copy provided to the Court.

(1) All motions, including special relief, shall be presented to the assigned motions judge after notice is given to opposing party or that party's counsel of record pursuant to local rule LR208.3(a)(3) and a courtesy copy provided to the Court.

CRITICALCivil cases

Applies to

Auditor or master report

Auditors and Masters must provide the report to interested parties or their counsel at the same time it is filed with the Court.

Auditors and Masters shall provide a copy of the report filed with the Orphans' Court to all interested parties, or to their counsel of record, simultaneously with filing of the report with the Court.

CRITICAL

Counsel for the parties, or the parties themselves if unrepresented, are to provide true and correct copies of any exhibits to be shown to the Conference Officer, to counsel for the opposing party or to the opposing party if unrepresented, at least five (5) days prior to the scheduled conference.

Counsel for the parties, or the parties themselves if unrepresented, are to provide true and correct copies of any exhibits to be shown to the Conference Officer, to counsel for the opposing party or to the opposing party if unrepresented, at least five (5) days prior to the scheduled conference.

CRITICAL

A party or counsel filing a termination objection must deliver a copy personally or by regular mail to all other interested parties or their counsel at least five business days before presentation.

Any party or counsel filing objections to termination shall deliver a copy of the objections to all other parties interested in such matter, or their counsel of record, either personally or by regular mail at least five (5) business days prior to presentation.

CRITICAL

Applies to

Pre trial statement

Each party must serve the compliant pre-trial statement on opposing counsel or the unrepresented opposing party at least five calendar days before the conference.

At least five (5) calendar days prior to a scheduled pre-trial conference, each party shall file, serve, and deliver to the trial judge and opposing counsel or party, if unrepresented, a pre-trial statement prepared in compliance with Pa.R.C.P. No. 1920.33(b).

CRITICAL

At least 20 days before the Pre-Trial Conference, a party must provide the opposing party copies of documents or records obtained through that party’s authorization; materials not provided may not be used at trial absent good cause.

(1) No less than twenty (20) days prior to the Pre-Trial Conference, a party shall provide the opposing party with a copy of all documents or records secured through an authorization of the opposing party. Any such documents or records not so provided may not be used at trial for any purpose except for good cause shown.

CRITICAL

A copy of the notice must be served on all counsel of record, any unrepresented party, and the Court Administrator.

A copy of the notice shall be served on all counsel of record, a party if unrepresented, and the Court Administrator.

CRITICAL

The responding party must provide the requested discovery information to every other party within 30 days after receiving the requests.

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

CRITICAL

Applies to

Custody pleading and scheduling order

The moving party must serve a clocked copy of the pleading and Order under the applicable Pennsylvania rule, file proof of service, and provide a copy of the proof to the Child Custody Conference Officer by the conference.

(3) Serve a clocked copy of the pleading and Order on counsel of record and/or unrepresented parties pursuant to Pa.R.C.P. 1930.4 (original process) or 440 (other than original process), with proof of service to be filed in the Prothonotary's Office, and a copy of the proof of service to be provided to the Child Custody Conference Officer at or prior to the time set for the Conference.

CRITICALCivil cases

Applies to

Small estate distribution petition

If an unpaid beneficiary, heir, or claimant has not joined the petition, twenty days' notice of the intention to present it must be given.

7. If any unpaid beneficiary, heir or claimant has not joined in the petition, a statement that twenty (20) days' notice of intention to present the petition has been given in accordance with these rules.

CRITICAL

Copies of Exceptions must be delivered to the Administrative Judge and all counsel or unrepresented parties of record.

Exceptions to the Proposed Order or Temporary Order must be in writing. The Exceptions must be filed with the Prothonotary, and copies thereof must be delivered to the Administrative Judge, as well as to all counsel and/or unrepresented parties of record.

CRITICAL

The opposing party must serve its opposition brief within 20 days of the letter; a later brief will not be considered.

If no Brief in Opposition is filed and served within (20) days of the date of this letter, the decision will be made without reference to any brief that you may file thereafter.

CRITICAL

Each party must serve the case summary on opposing parties or their counsel at least seven days before the case management conference.

At least 7 days prior to the case management conference, each party shall file with the Prothonotary, provide a copy to the Court, and serve a copy on opposing parties or counsel for opposing parties, a brief case summary

CRITICAL

Applies to

Alimony request

The party must forward a copy of the request to opposing counsel or, if unrepresented, to the opposing party.

A party who wishes to terminate an alimony pendente lite obligation or collect an alimony obligation in accordance with the specific terms of a divorce decree or a decree with marriage settlement agreement shall forward a true and correct copy of the decree to the Domestic Relations Division with a copy of the request forwarded to the opposing counsel or the opposing party if not represented by counsel.

CRITICAL

Copies of the objections and certification must be served on the Court Administrator and all counsel of record, or on the parties if unrepresented.

Copies of the Objections and certification shall be served on the Court Administrator and on all counsel of record, or the parties, if unrepresented.

CRITICALCriminal cases

When a Termination Hearing is scheduled, the Probation Officer must serve the participant, obtain acknowledgment of service, and distribute signed copies to the listed recipients and probation file.

Upon scheduling a Termination Hearing date, the Probation Officer will serve the participant with notice of the hearing, by use of the “Treatment Court Notice of Termination Hearing” form. The participant will sign in acknowledgement of service and signed copies will be distributed to the participant, Defense Counsel, District Attorney, Treatment Court Coordinator and probation file.

CRITICAL

A copy of the order must be served on all parties and intervenors of record.

A copy of this Order shall be served on all parties and intervenors of record.

CRITICAL

Service

Publication to all parties

If notice cannot be delivered as specified or is returned undelivered, notice must be published once in the Beaver County Legal Journal.

Where notice cannot be so given or has been returned undelivered, said notice shall be by one publication in the Beaver County Legal Journal at least thirty (30) days prior to such date.

CRITICALCriminal cases

Opposing counsel must receive notice before the moving party presents a scheduled-day motion to continue.

The moving party to personally appear before the presiding Magisterial District Judge in Central Court and present a written motion after notice to opposing counsel.

CRITICAL

Applies to

Arbitration order

The filing party must serve a copy of the Arbitration Order with the initial filing.

The filing party shall serve a copy of the Arbitration Order with the initial filing

CRITICAL

Applies to

Orders associated with motion to continue

The presenting party must serve all parties with copies of every order associated with a motion to continue.

Copies of all orders associated with the motion to continue must be served on all parties by the presenting party.

CRITICAL

Applies to

Order

After the Court issues the rule, petitioner's counsel must deliver a copy of the order to the Court Administrator.

deliver a copy of the order to the Court Administrator

CRITICAL

Deadline

3 business days

A petition generally requires written consent or three business days' written notice to the opposing party or counsel; oral notice is permitted only in an emergency, and prior notice may be omitted for an ex parte petition only when notice is not possible.

The Court will not entertain a petition in any matter unless the opposing party or his counsel has consented in writing or has received three (3) business days written notice of the intention to present the petition. Counsel may present a petition after oral notice only in emergency situations. Ex parte petitions will not be entertained without prior notice unless notice is not possible.

CRITICAL

Service

Mail

The Prothonotary must serve the notice and report copy on counsel of record and any unrepresented party by regular mail.

The hearing officer's report and recommendation shall be filed, and the Prothonotary shall serve a Notice and copy to all counsel of record and any unrepresented party by regular mail in accordance with FORM 8000.7(d).

CRITICAL

Applies to

Exceptions to hearing officer report

A party filing exceptions to a Hearing Officer's Report must deliver a copy to the appointing judge at the same time as filing.

Counsel or an unrepresented party who files exceptions to a Hearing Officer's Report shall, concurrently with the filing, deliver a copy of the exceptions to the judge who appointed the Hearing Officer.

CRITICAL

An intervenor must serve copies of the Notice of Intervention on all parties under Pa.R.Civ.P. § 440.

(c) Intervenor shall serve copies of Notice of Intervention on all parties in accordance with Pa.R.Civ.P. § 440.

CRITICAL

Each party must serve a copy of its case summary on opposing parties or their counsel at least seven days before the case management conference.

At least 7 days prior to the case management conference, each party shall file with the Prothonotary, provide a copy to the Court, and serve a copy on opposing parties or counsel for opposing parties, a brief case summary, not to exceed three (3) pages in length.

CRITICAL

Within ten days after filing the appeal, the appellant must serve it on the Board, affected taxing authorities, and other parties under Pa.R.Civ.P. 440, and serve the property owner at the registered tax-record address.

(c) Within ten (10) days after filing the appeal, appellant shall serve a copy of the appeal on the Board, on all affected taxing authorities at their business addresses, and any other party, in the manner prescribed by Pa.R.Civ.P. 440. The property owner shall be served notice at the registered address designated on the tax records of Beaver County.

CRITICALCivil cases

Applies to

Hearing notice

Auditors and Masters must give written hearing notice to interested parties or their counsel at least thirty days before the hearing.

Auditors and Masters shall provide notice of hearings to be held by them to all interested parties, or to their counsel of record, in writing, at least thirty (30) days prior to the scheduled hearing.

CRITICAL

A motion requires the opposing party’s written consent or three business days’ written notice; oral notice is allowed only in emergencies, and an ex parte motion may proceed without prior notice only if notice is impossible.

(3) Notice to All Parties. The Court will not entertain a motion in any matter unless the opposing party or his counsel has consented in writing or has received three (3) business days written notice of the intention to present the motion. Counsel may present a motion after oral notice only in emergency situations. Ex parte motions will not be entertained without prior notice unless notice is not possible.

CRITICAL

Applies to

Discovery request

Discovery requests in the non-residential property track must be propounded within 45 days of filing the appeal.

Discovery requests shall be propounded within forty-five (45) days of the filing of the appeal.

CRITICAL

The requester must serve completed Transcript Request Form copies on the presiding judge’s chambers, Court Reporters, involved counsel, and self-represented parties who appeared.

In accordance with Pa.R.J.A. 4007, the party requesting either a full or partial transcript of any proceeding shall file the original request, on the “Transcript Request Form” which has been adopted by the Court Administrator of Pennsylvania, with the District Court Administrator's Office, and the requesting party is also required to serve copies of the completed “Transcript Request Form” on: 1. Chambers of the Judge who presided over the proceeding to be transcribed; 2. the office of the Court Reporters; 3. all counsel involved in the proceeding, and 4. all parties who were not represented by counsel in the proceeding, who appeared as self-represented litigant(s).

CRITICAL

Applies to

Brief

A copy of every filed brief must be served on counsel of record, any unrepresented party, the Court Administrator, and the Court.

A copy of any brief filed shall be served on all counsel of record, a party if unrepresented, the Court Administrator, and the Court.

CRITICAL

Applies to

Notice and registration form

The defendant must be served with the Notice and Registration Form at the same time as the Complaint.

A copy of the Notice and Registration Form shall be served on the Defendant at the same time as the Complaint.

CRITICALCriminal cases

The issuing authority must notify the defendant and, if any, the defendant’s counsel of the scheduled preliminary hearing date and time.

The issuing authority shall give notice to the defendant and to counsel for the defendant, if any, of the date and time selected.

CRITICAL

A reinstatement motion must be served on all other parties to the matter.

Any matter terminated after notice by publication may be reinstated by the Court upon motion filed and served upon all other parties to the matter and upon good cause shown.

CRITICAL

At least 7 days prior to the case management conference, each party shall file with the Prothonotary, provide a copy to the Court, and serve a copy on opposing parties or

At least 7 days prior to the case management conference, each party shall file with the Prothonotary, provide a copy to the Court, and serve a copy on opposing parties or

CRITICAL

Applies to

Complaint

At the preliminary arraignment, the defendant must be given a copy of the complaint.

(a) that he or she is charged with indirect criminal contempt for violation of the Protection From Abuse Order. A copy of the complaint shall be given to the defendant;

CRITICALCriminal cases

The Probation Officer must provide the participant with a Treatment Court Notice of Violation when possible jail sanctions or program termination are at issue.

When a participant violates a condition of the BCTC and is facing a possible jail sanction or termination from the program, their Probation Officer will provide the participant with a “Treatment Court Notice of Violation” form, that will identify specific alleged violations.

CRITICALCriminal cases

Applies to

Transcript request

Said request must be filed with the Clerk of Courts, opposing counsel, Court Reporter and Trial Court.

Said request must be filed with the Clerk of Courts, opposing counsel, Court Reporter and Trial Court.

CRITICAL

The attorney must certify the applicable interest rate and that the sanctions petition and accompanying documents were served on all interested counsel.

The attorney shall certify to the Court the applicable interest rate specified in paragraph F below and shall certify that the Petition and its accompanying documents have been served on all interested counsel.

CRITICALCriminal cases

Applies to

Court order

The Clerk of Courts must serve the court’s order on the court reporter.

The court shall enter an appropriate order which will be filed of record and which order shall be served by the Clerk of Courts upon the Court reporter.

CRITICAL

The responding party must submit its brief to the Court Administrator and serve it at least 10 days before the argument date.

(2) The responding party's brief shall be submitted to the Court Administrator and served at least ten (10) days prior to the argument date.

CRITICAL

The substitute Arbitrator's appointment must be communicated to all parties or their counsel before the hearing begins.

The appointment of the substitute Arbitrator shall be communicated to all parties or their counsel prior to the commencement of the hearing.

CRITICALCriminal cases

Applies to

Transcript request

The defendant must serve copies of the transcript request on the Trial Court, Court Administrator, Commonwealth’s counsel, and court reporter.

Any defendant, with private counsel and who is not entitled to proceed in forma pauperis who desires a transcript of a record shall file a written request with the Clerk of Courts setting forth the specific portions of the record to be transcribed and shall serve copies of said request upon the Trial Court, Court Administrator, Counsel for the Commonwealth and the Court Reporter.

CRITICALCriminal cases

After scheduling the hearing, the Probation Officer must provide the participant with the notice, obtain acknowledgment of receipt, and distribute signed copies to the listed recipients and probation file.

Once the Violation/Sanction Hearing date has been scheduled, the participant’s Probation Officer will provide the participant with the “Treatment Court Notice of Violation Sanction Hearing” notice. This notice will inform the participant of the date and time of the hearing, along with the participant’s rights. The participant will sign the form, acknowledging receipt, and signed copies of the form will be distributed to the participant, Defense Counsel, District Attorney, Treatment Court coordinator, and the probation file.

CRITICAL

Applies to

Notice of hearing

The Court Administrator must give counsel for all parties and pro se litigants written notice of the hearing date at least 45 days before the hearing.

The Court Administrator shall schedule a sufficient number of cases for hearing on each arbitration day and give written notice of the hearing date to counsel for all parties and to pro se litigants at least forty-five (45) days prior to the scheduled hearing date.

CRITICALCriminal cases

For a motion received after the stated cutoff, opposing counsel must receive notice before the moving party presents the motion at the hearing.

Any Motion to Continue Preliminary Hearing received after 3:00 p.m. on the business day prior to the scheduled hearing date will require the moving party to personally appear and present the motion to the presiding Magisterial District Judge at Central Court on the day of the hearing after notice to opposing counsel.

CRITICAL

Written termination notice must be given in person or by regular mail to counsel’s last address, or to the party’s last address if unrepresented.

Said written notice shall be given in person or by regular mail to the last address of the counsel of record, or if there is no counsel of record, to the last address of the party.

CRITICAL

Expert-exclusion motions must be served within 30 days after the pre-trial conference unless the Court or case management order directs otherwise.

All motions to exclude expert testimony authorized by Pa.R.C.P. No. 207.1 shall be filed and served no later than 30 days after the pre-trial conference unless otherwise directed by Court or the case management order.

CRITICAL

After the Court issues the rule, petitioner's counsel must serve the petition and rule on all other parties or their counsel.

serve it upon all other parties or their counsel,

CRITICAL

Service

Publication

Unless a law or court rule specifies otherwise, service of process or notice by publication must appear once in the Beaver County Legal Journal and once in a newspaper of general circulation in Beaver County.

LR430. Service by Publication. The Beaver County Legal Journal is designated as the publisher of legal notices in Beaver County. Unless the manner of publication of service of process or notice is otherwise specified by law or rule of court, such service or notice shall be made by publishing the same once in the Beaver County Legal Journal and once in a newspaper of general circulation in Beaver County.

CRITICAL

The objecting party must serve the overdue brief within 20 days of the letter or the objections will be overruled with prejudice.

Pursuant to Local Rule 8000.8, your brief is now overdue. If it is not filed and served within twenty (20) days of the date of this letter, A COURT ORDER PURSUANT TO LOCAL RULE 8000.8 WILL BE ISSUED OVERRULING YOUR OBJECTIONS WITH PREJUDICE.

WARNING

In the residential track, the Court may order an appraisal exchange within 90 days; failure to provide an appraisal within the applicable time may result in preclusion of valuation evidence upon motion, subject to the stated extensions.

(2) If after the first pretrial conference, the parties have not negotiated in good faith or for other reasons, this Court may, in its discretion, order the parties to exchange appraisal reports (if appropriate) within ninety (90) days. If a party fails to provide an appraisal within the time period provided by this rule, by leave of court, or within such time as agreed to by the parties and approved by the Court, then, upon motion, the Court may preclude that party from presenting any evidence of valuation at trial.

WARNING

A party may inspect the property at a reasonable time after giving written notice at least fifteen days in advance to the unrepresented property owner or the owner’s counsel of record.

(d) A party may inspect the property at a reasonable time(s) upon the condition that such party provides written notice of the inspection no less than fifteen (15) days prior to the property owner, if unrepresented, or the counsel of record for the property owner.

WARNING

After the court acts on the paper, it returns it to counsel for filing and service.

After action is taken on the paper, the court will return the paper to counsel for filing and service.

WARNING

Service

Mail to all parties

The Court Administrator must mail trial notice to counsel and unrepresented parties, and may use regular mail to the address endorsed on the last pleading.

The Court Administrator shall then mail a notice of trial to counsel for each party and to each party not represented by counsel. Notice may be by regular mail addressed to counsel or the party at the address they have endorsed on their last pleading.

WARNING

In the non-residential track, the Court may order an appraisal exchange within 90 days; failure to provide an appraisal within the applicable time may result in preclusion of valuation evidence upon motion, subject to the stated extensions.

(4) If after the first pretrial conference, the parties have not negotiated in good faith or for other reasons, this Court may, in its discretion, order the parties to exchange appraisal reports (if appropriate) within ninety (90) days. If a party fails to provide an appraisal within the time period provided by this rule, by leave of court, or within such time as agreed to by the parties and approved by the Court, then, upon motion, the Court may preclude that party from presenting any evidence of valuation at trial.

WARNING

Service

Mail to all parties

Notice of a non-jury case's judge assignment must be sent by regular mail to counsel and unrepresented parties.

The Court Administrator shall assign cases from the master list of non-jury cases to a judge and give notice of the assignment by regular mail to counsel for each party and each party not represented by counsel.

INFO

In cases involving commercial property, taxing authorities may serve the taxpayer with Tax Assessment Appeal Discovery Requests in accordance with FORM 8000.3.

(b) In all cases involving commercial property, the taxing authorities may serve a copy of Tax Assessment Appeal Discovery Requests in accordance with FORM 8000.3 on the taxpayer.