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

CRITICAL

Applies to

Notice to defend complaint and verification

Serve the Notice to Defend, Complaint, and Verification within 30 days of filing, with the filing date determined by the document’s time stamp.

After filing the Notice to Defend, Complaint and Verification, these documents must be served on the other party within thirty (30) days of the date they were filed (the date time- stamped on the document). If the other party does not live in Pennsylvania, the time requirement is extended to ninety (90) days.

CRITICAL

Applies to

Notice to defend and divorce complaint

Service

Personal service to opposing party

Form 3c: Personal Service – An adult, other than you, (such as a relative of yours, an employee, co-worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

Form 3c: Personal Service – An adult, other than you, (such as a relative of yours, an employee, co-worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

CRITICAL

File the Acceptance of Service or Affidavit of Service with the Prothonotary’s Office and have the original and one copy time-stamped.

File either Acceptance of Service or Affadavit of Service (whichever method you chose to serve the other party) with the Prothonotary’s Office. Take the original and one copy to the Prothonotary’s Office and have each document time-stamped. The original will stay in the file in the Prothonotary’s Office and the copy will be returned to you for your records.

CRITICAL

Service

Mail to opposing party

If certified mail is returned unclaimed, use another form of service.

If the certified mail is returned unclaimed, another form of service must be used.

CRITICAL

Filing the Praecipe restarts the service period, providing 30 days to serve or 90 days if the other party lives outside Pennsylvania.

The date you file this Praecipe re-starts the clock for service, and you will have another 30 days to serve the other party (or 90 days if the other party does not live in Pennsylvania).

CRITICAL

All required forms must be properly served to complete a 3301(d) divorce.

A 3301(d) divorce cannot be completed without proper service of all the required forms.

CRITICALCivil cases

Applies to

Citation

A sheriff is not required to serve the clerk-issued citation; any adult may serve it, and proof of service must be filed.

A sheriff does not need to serve the citation issued by the clerk; instead, any adult person may serve the citation and file the proof of service in accordance with subparagraph (a)(7) of this Rule 3.5.

CRITICAL

Applies to

Notice to defend and divorce complaint

For acceptance of service, give the other party the Notice to Defend and Divorce Complaint, and have the other party sign the Acceptance of Service acknowledging receipt.

Form 3a: Acceptance of Service - Give the other party Notice to Defend and Divorce Complaint. After being given Notice to Defend and Divorce Complaint, the other party signs the Acceptance of Service, stating that he/she has received a copy of Notice to Defend and Divorce Complaint.

CRITICAL

Applies to

Notice to defend complaint and verification

Serve the Notice to Defend, Complaint, and Verification within 30 days after filing, or within 90 days if the other party lives outside Pennsylvania.

After filing the Notice to Defend, Complaint and Verification, these documents must be served on the other party within thirty (30) days of the date they were filed (the date time- stamped on the document). If the other party does not live in Pennsylvania, the time requirement is extended to ninety (90) days.

CRITICAL

Within the Commonwealth, original process in equity, partition, and prevent-waste actions must be served by the Sheriff or a competent adult.

With respect to all actions filed in Bedford County, Pennsylvania, original process be served within the Commonwealth: (i) by the Sheriff or a competent adult in the actions in equity, partition, prevent waste and (ii) by the Sheriff in all other actions.

CRITICALCivil cases

Applies to

Objections

Service

Mail

If the notice includes a service list, the objector must mail the objections to every person on that list.

Explanatory Comment: If the notice received by the objector has a service list appended to it setting forth the name and address of each interested party who received the notice under Rule 2.5, the objector must mail his or her objections to every name and address appearing on the service list.

CRITICAL

Applies to

Notice to defend complaint and verification

The documents may be served by personal service, acceptance of service, or certified mail with return receipt requested and restricted delivery.

Service of the Notice to Defend, Complaint and Verification must be made either by Personal Service, by Acceptance of Service, or by Certified Mail return receipt requested, restricted delivery.

CRITICAL

Service

Mail

If certified mail is returned unclaimed, use another form of service.

If the certified mail is returned unclaimed, another form of service must be used.

CRITICAL

The Form must be served with the pleading on the other party or their attorney.

You must serve the Form, along with the pleading, on the other party or their attorney.

CRITICAL

In addition to filing and serving the Affidavit Under Section 3301(d) of the Divorce Code, with a blank Counter-Affidvait Under Section 3301 (d) of the Divorce Code. You must also serve the other party with a Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code in order for them to have the opportunity to oppose the divorce or raise claims if they choose to do so.

In addition to filing and serving the Affidavit Under Section 3301(d) of the Divorce Code, with a blank Counter-Affidvait Under Section 3301 (d) of the Divorce Code. You must also serve the other party with a Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code in order for them to have the opportunity to oppose the divorce or raise claims if they choose to do so.

CRITICAL

Applies to

Transcript request

For an ordinary transcript, the requester must file the original request with the district court administrator and serve copies on the presiding judge, reporter or transcriptionist, and opposing counsel or unrepresented opposing party.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the district court administrator. The requesting party shall also serve copies of the formal request to: (1) the judge presiding over the matter; (2) the court reporter or transcriptionist; (3) opposing counsel, but if not represented, the opposing party.

CRITICAL

Applies to

Notice to defend and divorce complaint

Service

Personal service to opposing party

Personal Service – An adult, other than you, (such as a relative of yours, an employee, co- worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

Personal Service – An adult, other than you, (such as a relative of yours, an employee, co- worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

CRITICAL

Applies to

Notice to defend and divorce complaint

Service

Mail to opposing party

For mail service, use certified mail with return receipt requested and restricted delivery, and file the required service affidavit and original green card receipt.

Service by Mail - Mail Notice to Defend and Divorce Complaint to the other party by certified mail, return receipt requested, restricted delivery (the post office can assist you in mailing a document by certified mail). You must complete the Affidavit of Service, stating that you have mailed your spouse the required forms by certified mail. You must also attach the green card receipt received from the post office (make a photocopy of this green card for your records, and file the original by attaching it to the Affadavit of Service).

CRITICAL

Applies to

Notice of intention to file praecipe to transmit record

Serve the Notice of Intention to File the Praecipe to Transmit Record 20 days after serving the defendant with the Affidavit and blank Counter-Affidavit.

Twenty (20) days after serving the defendant with the Affidavit under Section 3301(d) of the Divorce Code with blank Counter-Affidavit, serve the Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code.

CRITICAL

Applies to

Notice to defend complaint and verification

Serve the documents by personal service, acceptance of service, or certified mail with return receipt requested and restricted delivery.

Service of the Notice to Defend, Complaint and Verification must be made either by Personal Service, by Acceptance of Service, or by Certified Mail return receipt requested, restricted delivery.

CRITICAL

Applies to

Notice to defend and divorce complaint

For acceptance of service, give the other party the Notice to Defend and Divorce Complaint and have them sign an Acceptance of Service confirming receipt.

Acceptance of Service - Give the other party Notice to Defend and Divorce Complaint. After being given Notice to Defend and Divorce Complaint, the other party signs the Acceptance of Service, stating that he/she has received a copy of Notice to Defend and Divorce Complaint.

CRITICAL

Applies to

Formal transcript request

The requesting party must serve the formal transcript request on the presiding judge, the court reporter or transcriptionist, and opposing counsel or, if unrepresented, the opposing party.

The requesting party shall also serve copies of the formal request to: - (1) the judge presiding over the matter; - (2) the court reporter or transcriptionist; - (3) opposing counsel, but if not represented, the opposing party.

CRITICAL

Filing the Praecipe to Reinstate restarts the service clock and gives 30 days to serve the other party.

If you were unable to successfully serve the other party within 30 days (or within 90 days if the other party does not live in Pennsylvania), then you must complete and file the Praecipe to Reinstate the Complaint. The date you file this Praecipe re-starts the clock for service, and you will have another 30 days to serve the other party (or 90 days if the other party does not live in Pennsylvania).

CRITICAL

Applies to

Notice to defend and divorce complaint

Service

Mail to opposing party

For service by mail, use certified mail with return receipt requested and restricted delivery, complete an Affidavit of Service, and attach the original green card receipt to it.

Form 3b: Service by Mail - Mail Notice to Defend and Divorce Complaint to the other party by certified mail, return receipt requested, restricted delivery (the post office can assist you in mailing a document by certified mail). You must complete the Affidavit of Service, stating that you have mailed your spouse the required forms by certified mail. You must also attach the green card receipt received from the post office (make a photocopy of this green card for your records, and file the original by attaching it to the Affadavit of Service).

CRITICAL

Applies to

Acceptance of service or affidavit of service

File the Acceptance of Service or Affidavit of Service with the Prothonotary’s Office, bringing the original and one copy for time-stamping.

File either Acceptance of Service or Affadavit of Service (whichever method you chose to serve the other party) with the Prothonotary’s Office. Take the original and one copy to the Prothonotary’s Office and have each document time-stamped. The original will stay in the file in the Prothonotary’s Office and the copy will be returned to you for your records.

CRITICAL

You may not proceed until proper service has been made.

You may not proceed until proper service has been made.

CRITICAL

Service

Mail to opposing party

Mail the specified divorce documents to your spouse by certified mail, return receipt requested, with restricted delivery.

Mail a copy of the Affadavit under 3301(d), a blank Counter-Affidavit, and, if applicable, a copy of Affidavit of Non-Military Service by certified mail, return receipt requested, restricted delivery (the post office can assist you in mailing a document by certified mail) to your spouse.

CRITICAL

You may not proceed with the divorce process until proper service has been made.

You may not proceed until proper service has been made.

CRITICAL

File Certificate of Service. The Prothonotary’s Office will time-stamp the original and copy. The original stays in your file, and the copy is returned to you for your records.

File Certificate of Service. The Prothonotary’s Office will time-stamp the original and copy. The original stays in your file, and the copy is returned to you for your records.

CRITICAL

Counsel or a self-represented moving party must notify all opposing counsel of record and self-represented parties.

Counsel or the moving party, if pro se, shall provide notice to all opposing counsel of record and pro se parties.

INFO

Service

Mail to all parties

If the forms are filed without mistakes, the Divorce Decree will be mailed to both parties.

The Divorce Decree will be mailed to both parties after filing the above forms, presuming there are no mistakes.