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

CRITICALCivil cases

For a distribution petition, except in the stated written-agreement and Eminent Domain Code cases, the court enters a decree nisi; absent exceptions, it becomes absolute ten days after service on the other parties and filing due proof of service.

Except in cases in which there is an agreement in writing of the parties filed of record and cases involving distribution of money under provisions of the Eminent Domain Code, the court upon the presentation of a petition praying for the distribution of money paid into court, shall forthwith enter a decree nisi directing payment, which decree shall, unless exceptions be filed thereto, become absolute as of course ten (10) days after the service of a copy of said petition and of said decree nisi upon all other parties due proof of said service as directed by the court having first been filed.

CRITICALCivil cases

Service

Publication

Notice of the hearing and its purpose must be advertised once at least one week beforehand in a Berks County newspaper of general circulation and in the Berks County Law Journal.

the court shall fix a time for hearing thereon and notice of such hearing and the purpose thereof shall be advertised once, which advertisement shall be at least one (1) week before the time appointed for said hearing in at least one (1) newspaper of general circulation in Berks County and in the Berks County Law Journal.

CRITICALCivil cases

Service of a court rule, citation, or order must include copies of the underlying petition or motion unless the opposing parties have already been served with a copy.

The service of all rules, citations or orders of the court shall be accompanied with copies of the petitions or motions upon which such rules, citations or orders shall have been granted, unless the opposing parties shall have already been served with such copy.

CRITICALCivil cases

When filing a blank scheduling order, the party must serve it and the brief on all other parties and simultaneously file the required brief copies and proof of service.

The party shall simultaneously file with the Prothonotary the required copies of his brief of argument and a proof of service that copies of the blank scheduling order and brief of argument have been served on all other parties in the case;

CRITICALCivil cases

When the opposing party has appeared or provided a service address in a pleading, pleadings must be served under Pa.R.C.P. 440, and rules, citations, or court orders entered on motions, petitions, or applications must be served under B.R.C.P. 207.1.

(c) Where the opposing party has entered an appearance or filed a pleading containing any address endorsed thereon where papers may be served upon said party, service of pleadings shall be as provided by Pa.R.C.P. 440, and service of the rule, citation or order of the court entered upon a motion, petition or application shall be as provided by B.R.C.P 207.1.

CRITICAL

Proof of service on everyone required to receive the petition must be filed with the clerk of courts.

Proofs of service on all those upon whom service of the petition is required shall be filed in the office of the clerk of courts.

CRITICALCivil cases

Electronic filing does not satisfy the filing party’s separate obligation to serve the legal paper on all parties or the court.

The electronic filing of a legal paper does not satisfy the filing party's obligation under the Pennsylvania Rules of Civil Procedure or the Berks County Rules of Civil Procedure to serve the legal paper on all parties to the litigation or on the Court.

CRITICALCivil cases

A copy of the witness-attendance bill of costs after a continuance must be served on the other parties or their attorneys of record.

A bill of costs for attendance of witnesses when a case or hearing is continued must be filed within ten (10) days after the continuance and a copy thereof served upon the other parties or their attorneys of record.

CRITICALCivil cases

The prothonotary and domestic relations clerk must give written notice of specified court actions and opinions to affected counsel and unrepresented parties, recording the service details on the document and in the docket.

(a) In addition to the requirements of Pa.R.C.P. 236, the prothonotary and the clerk of the domestic relations section shall give written notice of every order, decree, judgment, appointment and copy of every opinion entered by the court to affected counsel of record and parties without counsel and shall note the time and method of service and the place at which served or the address to which mailed on the subject document as well as in the docket.

CRITICALCriminal cases

The moving party must serve certified copies of the expungement order on all other criminal agencies listed in the order.

The moving party shall serve certified copies of the order upon all other criminal agencies listed in the order.

CRITICALCivil cases

After an objection under the first procedure, the party may serve notice of presentation at a motion court scheduled at least ten days after service, and the notice must state the court's time, date, and place.

If an objection to the certificate of readiness is sent to the party desiring that the certificate of readiness be filed, the party intending to present the certificate of readiness may serve notice upon all other parties that such party intends to present the certificate of readiness to the court for approval and filing at a regularly scheduled motion court, scheduled to be held not less than ten days after service of said notice upon the other parties. Said notice shall set forth the time, date and place of the motion court at which said party intends to present the certificate of readiness for filing.

CRITICALCriminal cases

When the opposing party has a right to be heard, the moving party must give at least 48 hours’ notice of the presentation, unless the emergency prevents it, in which case as much notice as reasonably possible must be given.

If the motion, petition or application is of such nature that the opposing party has a right to be heard, the moving party shall give such opposing party at least forty-eight (48) hours notice of the time when the moving party will appear and present such motion, petition or application, unless the emergency nature of the motion prevents such notice. In the latter situation the moving party shall give as much notice as is reasonably possible.

CRITICALCivil cases

Deadline

48 hours

Applies to

Notice of proposed schedule of distribution

Service

Mail

Within 48 hours after filing the proposed distribution schedule, the sheriff must mail notice and a copy to counsel or unrepresented parties who notified the sheriff of their claimed interest.

Notice with a copy of the proposed schedule of distribution shall be given by the sheriff by mail of the filing of said proposed schedule within forty-eight (48) hours after the filing of the schedule of distribution provided for by Pa.R.C.P. 3136 to counsel or parties without counsel who have notified the sheriff they claim an interest in the proceeds of any real estate sold by the sheriff.

CRITICALCivil cases

The party without the burden must file proof that copies of its praecipe were served on all other parties at the same time it files the praecipe.

A party not having the burden at argument in a civil case may file a praecipe with the prothonotary ordering that the case be listed for a particular argument court date and shall file simultaneously with the prothonotary a proof of service that copies of such praecipe have been served upon all other parties in the case.

CRITICALCivil cases

Service

Personal service to all parties

All interested parties must receive at least fifteen days' advance notice of the proposed sale by personal service or registered or certified mail, unless the court orders otherwise.

At least fifteen (15) days' prior notice of the time and place of the proposed sale shall be given to all parties in interest, by personal service or registered or certified mail, unless otherwise ordered by the court.

CRITICALCivil cases

The filing party must serve subsequent pleadings other than orders on all other parties.

Service of subsequent pleadings other than orders shall be made by the filing party to all other parties.

CRITICALCivil cases

Service

Mail to all parties

(a) A party filing preliminary objections which are not endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(2), (3) or (4), shall file simultaneously with the Prothonotary an original and one copy of the preliminary objections, a praecipe for argument, an argument brief and a proposed order granting the relief requested, accompanied by a proof of service of copies of those documents upon counsel for all other parties and any unrepresented parties by first class mail.

(a) A party filing preliminary objections which are not endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(2), (3) or (4), shall file simultaneously with the Prothonotary an original and one copy of the preliminary objections, a praecipe for argument, an argument brief and a proposed order granting the relief requested, accompanied by a proof of service of copies of those documents upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

Deadline

48 hours

Without a written stipulation, a party may seek leave for additional interrogatories with a proposed order after giving either at least 48 hours' prior oral notice or at least five days' prior written notice by mail.

In the absence of such written stipulation the party undertaking the interrogation may present an application for allowance of specific additional interrogatories to the judge assigned to the case, together with a proposed order, after at least forty-eight (48) hours prior oral notice to each opposing party, or, in lieu thereof, after at least five (5) days prior written notice mailed to each opposing party, not orally noticed, at such party's address of record and the court, upon cause shown, may allow service of some or all of the additional interrogatories.

CRITICALCivil cases

Applies to

Family exemption petition

A copy of a family-exemption petition and any required notices must be served on the Department of Revenue.

A copy of the petition for a family exemption and any required notices shall be served on the Department of Revenue.

CRITICALCriminal cases

Service

Court service

The Clerk of Court must serve certified copies of the expungement order on the District Attorney, Magisterial District Judge, and Defendant's attorney or the unrepresented Defendant.

The Clerk of Court shall serve certified copies of the order for expungement upon the District Attorney, the Magisterial District Judge and Defendant’s attorney or unrepresented Defendant, and expunge his own record.

CRITICALCivil cases

Applies to

Petition to withdraw

A petition to withdraw must be served on the client, all interested parties, and their counsel.

(b) A petition to withdraw shall be served on the client and all interested parties and their counsel.

CRITICAL

Copies of a written request for a daily, expedited, same-day, or rough-draft transcript must be delivered as required for ordinary transcript requests.

Copies of the written request shall be delivered as required by Subsection (B).

CRITICALCivil cases

Notice of the Custody Conciliator’s findings, conclusions, or recommended order must be served on counsel of record, unrepresented parties, and other unrepresented persons who received notice of the hearing.

(h) Notice of the Custody Conciliator’s findings of fact, conclusions of law and/or recommended order shall be served on counsel of record, parties without counsel of record, and on any other persons without counsel of record who were given notice of the hearing before the Custody Conciliator.

CRITICALCivil cases

Service

Publication

After a public-sale petition is granted, the sale, its conditional status, and the approval or confirmation details must be advertised weekly for three successive weeks in the specified publications, with notices posted on the property and at three nearby locations.

If the prayer of the petition for sale be granted, the order granting the same shall contain the date, time and place for approval or confirmation of the sale to the purchaser at said public sale, and said sale and the fact that it is subject to approval or confirmation by the court, together with the said date, time and place fixed for the approval or confirmation shall be advertised once a week for three (3) successive weeks in the Berks County Law Journal and in one other newspaper of general circulation in Berks County, and notice shall be given by posting a notice on the premises and three (3) additional notices in the immediate vicinity of the premises to be sold.

CRITICALCivil cases

Service

Mail to all parties

The preliminary objections and completed form of order must be served by first-class mail on counsel and unrepresented parties, with proof of service filed.

(b) A party filing preliminary objections which are endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(1), (5), (6), (7) or (8), shall file with the Prothonotary an original and one copy of the preliminary objections, accompanied by a proof of service of copies of the preliminary objections and the completed form of order upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

Service

Publication

A publication notice concerning real estate must identify the property, but may refer to the recorded description's volume and page instead of giving a full description.

If the subject matter of the action is real estate, the published notice shall contain a sufficient description of the real estate involved to identify it, but need not set forth a full and detailed description, if reference is made in said advertisement to the volume and page in the Recorder of Deeds office of this county where a recorded description of said property appears.

CRITICALCivil cases

A party seeking post-filing damages or mesne profits must give the affected party written notice at least 15 days before trial.

No claim for damages or mesne profits accruing after the filing of a complaint or counterclaim shall be allowed unless the party claiming the same gives written notice to the party or parties from whom such damages are sought, at least fifteen (15) days before trial, that "said party claimant, at trial, proposes to claim damages or mesne profits accruing up to the date, of trial.

CRITICALCivil cases

Service

Mail

The Prothonotary's Office must send the completed hearing-scheduling certificate by first-class mail to the appointed arbitrators and counsel, and to any unrepresented party at the party’s last known address, and file proof of service.

The Prothonotary's Office, under the direction of Court Administration, shall mail a copy of the completed certificate of readiness for arbitration scheduling the hearing date, time and place to each arbitrator appointed, each attorney of record and, in the event a party is not represented of record by an attorney, to such party at his or her last known address by first-class mail and file of record proof of service in each case.

CRITICALCivil cases

Service

Personal service to all parties

The memorandum must be served personally or by registered, certified, or first-class mail to the last address listed with the prothonotary, and proof must be a verified statement.

Service shall be made by personal service or by registered, certified or first-class mail addressed to the last address of such counsel or party as listed with the prothonotary. Proof of service shall consist of a verified statement, as verified is defined in Pa.R.C.P. 76.

CRITICALCivil cases

File a verified statement of the time, place, and manner of service in all cases unless the rules excuse it or service is made by the sheriff; if service is by filing a copy in the prothonotary’s office, the statement must detail the reason.

(d) Proof of service by verified statement, as verified is defined in Pa.R.C.P 76, of the time, place and manner of the service shall be filed in all cases unless specifically excused by these rules, and except where service is made by the sheriff, and when the service is by filing a copy in the prothonotary's office, the reason for so serving it must be stated in detail in the verified statement.

CRITICALCivil cases

Service

Mail to all parties

The prothonotary must mail a certified copy of each order or decree to a non-appearing party by ordinary mail at the address shown on the specified certificate.

(b) With respect to a non-appearing party, a certified copy of each order or decree shall be mailed by the prothonotary by ordinary mail at such non-appearing party's address as shown on the certificate filed pursuant to subsections (f) (4) or (g) (1) of B.R.C.P. 207.1.

CRITICALCivil cases

Service

Publication

Publication service in the specified actions must include the required complaint summary and notices, identify the legal-help agency, and set a pleading date at least 30 days after the last publication.

(1) Where service is by publication in an equity action, an action to quiet title or an ejectment action, it shall consist of a brief statement of the contents of the complaint, a notice to the persons served by the publication to plead on or before a date fixed in the notice, which date shall be not less than thirty (30) days after the date of the last publication, along with a notice complying with the form prescribed in Pa.R.C.P. 430(b) and naming the agency from whom legal help can be obtained as designated in B.R.C.P. 1018.1.

CRITICALCivil cases

Proof of service must be filed before judgment is entered.

Proof of service shall be filed prior to the entry of judgment.

CRITICALCivil cases

Applies to

Written objection

Any written objections must be filed and served on counsel and any unrepresented party before the motion filing date.

Written objections, if any, shall be filed and served on all counsel of record and any unrepresented party prior to the filing date.

CRITICALCivil cases

For a decree requested under Section 3301(c), the moving party must serve the praecipe, proposed decree, and written notice on counsel and unrepresented parties at least 20 days before filing, unless the cited rule does not require notice.

When the divorce decree is requested under Section 3301(c) of the Divorce Code, at least twenty (20) days prior to filing a praecipe to transmit the record under Pa.R.C.P. 1920.42, the moving party shall serve all counsel of record and any unrepresented party with a copy of said praecipe and the proposed decree, and written notice of the intention to file the praecipe and proposal decree, substantially in the form set forth in Pa.R.C.P. 1920.73 unless such notice is not required in accordance with Pa.R.C.P. 1920.42(e).

CRITICALCivil cases

An auditor or master must give hearing notice to interested parties or their attorneys at least 20 days in advance, using the manner prescribed by Pa. O.C. Rule 4.3.

An auditor or master shall give notice of scheduled hearings to all interested parties, or to their attorneys of record, in the manner provided in Pa. O.C. Rule 4.3 at least twenty days in advance.

CRITICALCivil cases

Original process must be served by the sheriff or a competent adult in partition, prevent-waste, and specified declaratory-judgment actions, and by the sheriff in all other actions.

Original process of actions filed with the Prothonotary of Berks County shall be served by the sheriff or a competent adult in the actions in partition, prevent waste, and declaratory judgment when declaratory relief is the only relief sought, and by the sheriff in all other actions.

CRITICALCivil cases

Deadline

48 hours

For a motion, petition, or application requiring an opportunity for opposing parties to be heard, the moving party must give each opposing party at least 48 hours’ notice of the presentation, or as much notice as reasonably possible if an emergency prevents that notice.

If the motion, petition or application is of such nature that opposing parties have a right to be heard, the moving party shall give each opposing party at least forty-eight (48) hours notice of the time when the moving party will appear and present such motion, petition or application, unless the emergency nature of the matter prevents such notice. In the latter situation, the moving party shall give as much notice as is reasonably possible.

CRITICALCriminal cases

As a condition of bail, a defendant must notify the Clerk of Courts, District Attorney, and county bail agency in writing of each address or telephone-number change within 48 hours after it occurs.

At arraignment the District Attorney shall advise the Defendant in writing that, as a condition of bail, the Defendant is required to notify in writing the Clerk of Courts, the District Attorney and the county bail agency of each change in Defendant’s address and/or telephone number within forty-eight (48) hours after the change of address and/or telephone number first occurs.

CRITICALCivil cases

Applies to

Spousal share petition

A copy of a petition claiming a spousal share and any required notices must be served on the Department of Revenue.

A copy of the petition claiming a spousal share and any required notices shall be served on the Department of Revenue.

CRITICALCivil cases

Applies to

Application and proposed rule to show cause order

Service

Mail to all parties

All other parties must receive notice of the request through service of the application and proposed rule to show cause order by first-class mail.

All other parties shall be given notice of the request to the Court to issue the rule by appropriate service of the application and proposed rule to show cause order by first class mail.

CRITICALCivil cases

Applies to

Application for stay

Reasonable notice of the time and place of a stay application must be given to the plaintiff's counsel or, if unrepresented, to the plaintiff.

Reasonable notice of the time and place of an intended application for an order to stay an execution shall be given to the plaintiff's counsel of record or to the plaintiff without counsel.

CRITICALCivil cases

If any part of the estate came from the United States Veterans Administration or its successor, notice of the allowance request must be given to that agency.

(c) Restrictions Governing Allowance. If any portion of the incapacitated person’s estate is received from the United States Veterans Administration or its successor, notice of the request for allowance shall be given to this agency.

CRITICALCivil cases

Service

Mail to opposing party

The argument brief must be accompanied by proof that copies were served on all other parties by first-class mail.

argument court date, file an argument brief accompanied by a proof of service of copies of the argument brief upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

The Prothonotary’s Office must serve orders on registered EFS users by their elected email or mail method and serve all others by mail.

Service of orders shall be made to registered EFS users by the Prothonotary’s Office by e-mail notification or mail as elected by the EFS user and to all others by mail.

CRITICALCivil cases

Proof of service must be a verified statement identifying the service date, time, method, recipient, and service address or place.

Proof of service shall consist of a verified statement, as verified is defined in Pa.R.C.P. 76, setting forth the date, time and method of service of the described document upon the named counsel of record or party without counsel and the address or place where such person was served.

CRITICALCivil cases

Service

Publication to opposing party

The order granting the rule must direct service by advertisement on any parties who cannot otherwise be served.

which order granting such rule shall also direct the manner of service by advertisement upon all parties who cannot otherwise be served.

CRITICALCivil cases

A rule to show cause must be issued on the petitioner’s motion and served on all parties who did not join or concur in the petition.

a rule to show cause why the prayer of the petition should not be granted shall be issued by the court upon motion of the petitioner to be served on all parties who have not so petitioned or concurred

CRITICALCivil cases

Service

Mail to all parties

The preliminary-objection filer must serve its argument brief and proposed order by first-class mail on counsel and unrepresented parties and file proof of service.

(3) An original and one copy of a brief of argument and proposed order granting the relief requested, along with proof that such documents were served by first class mail upon counsel for all other parties and any unrepresented parties, shall be filed with the Prothonotary by ________ [the party which filed the preliminary objections] on or before ____________ [the date inserted shall be no longer than twenty (20) days after the date on which discovery ends].

CRITICALCivil cases

Service

Mail

An intervenor must serve the Notice of Intervention by certified or registered mail on the listed parties of record.

Intervenor shall serve copies of Notice of Intervention by certified or registered mail upon Appellant, Appellee, any Respondent owner and any other intervening parties of record.

CRITICALCivil cases

Service

Publication

Unless the court specially orders otherwise, the publication notice must appear in a county newspaper of general circulation and the Berks County Law Journal as required by the Pennsylvania Rules of Civil Procedure.

In the absence of a special order of court, the published notice shall be inserted in a newspaper of general circulation published in the county and the Berks County Law Journal as required by the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

The preliminary-objection filer must serve notice of the order’s entry and copies of the signed, dated order within two business days after receiving it.

(6) The party which filed the preliminary objections shall serve notice of the entry of this order, along with copies of the signed order bearing the entry date, upon all counsel and any unrepresented parties no later than two (2) business days after receiving a copy of the order.

CRITICALCivil cases

The party desiring that a certificate of readiness be filed, may serve notice upon all other parties that such party will present the certificate of readiness for approval and filing at a regularly scheduled motion court, scheduled to be held not less than ten (10) days after the service of said notice upon the other parties. Said notice shall set forth the time, date, and place of the motion court at which such party intends to present the certificate of readiness for filing.

The party desiring that a certificate of readiness be filed, may serve notice upon all other parties that such party will present the certificate of readiness for approval and filing at a regularly scheduled motion court, scheduled to be held not less than ten (10) days after the service of said notice upon the other parties. Said notice shall set forth the time, date, and place of the motion court at which such party intends to present the certificate of readiness for filing.

CRITICAL

Service

Mail to all parties

At least 45 days' written notice of the hearing, with a copy of the objections, must be mailed first class to all parties previously notified.

shall give at least forty- five (45) days written notice thereof, along with a copy of said written objections, by first class mail to all parties previously notified as provided under subsection (1) hereof

CRITICALCivil cases

Applies to

Notice of order entry

The petitioner must provide all parties with notice that the order was entered.

notice of the entry of this Order shall be provided to all parties by the petitioner.

CRITICAL

A copy of the praecipe must be served on opposing counsel and/or unrepresented parties, and proof of service must be filed by verified statement.

A copy of the praecipe shall be served upon opposing counsel and/or unrepresented parties. Proof of service shall be filed by verified statement, as verified is defined in Pa.R.C.P. 76.

CRITICALCriminal cases

The Clerk of Courts must serve written notice and copies of specified court actions on affected counsel and unrepresented parties, record detailed service information on the document, and docket the date, time, method, and recipient.

In addition to the requirements of Pa.R.Crim.P. 113 applicable to the Clerk of Courts, the Clerk of Courts shall serve written notice of every order, decree, appointment and copy of every opinion entered by the court to affected counsel of record and parties without counsel, and shall note the name of the individual who made the service, the date, time and method of service, the party served, the name of the individual who was handed the document, and the place at which service was made, or the address to which mailed, on the subject document and shall note on the docket the date, time and method of service and the name of the party served.

CRITICAL

Applies to

Notice to produce

A notice to produce books or papers for trial or hearing must be served on counsel of record or, if the party is unrepresented, on that party.

Notice to produce books, or papers for trial or hearing, for the purpose of procuring the admission of secondary evidence of their contents, shall be served upon counsel of record or upon the party without counsel.

CRITICALCivil cases

The party objecting to appeal security must give written notice of the petition within five days after filing it to the party who entered the bond or that party’s attorney.

In all cases where a party has given security to entitle that party to appeal in any case in which bond is taken by the prothonotary, if the opposing party shall deem the security insufficient, the opposing party may, at any time within five (5) days after such appeal is filed, present his petition to the court objecting to the sufficiency of such security and shall give notice thereof in writing within five (5) days from the filing thereof to the party entering the bond or that party’s attorney.

CRITICALCivil cases

When the specified child was represented by a guardian ad litem in a dependency or termination proceeding, the filer must immediately serve the guardian ad litem with notice of a request concerning a continuing-contact agreement.

Whenever a request for court approval of a voluntary agreement for continuing contact, or modification or termination thereof, under Subchapter D of the Adoption Act is filed and the child(ren) subject to the agreement is or was represented by a guardian ad litem in a dependency or termination of parental rights proceeding, the party filing the request for approval shall immediately serve notice of the filing on the guardian ad litem.

CRITICALCivil cases

Service

Publication

When a legal notice or advertisement must be published in a legal periodical, it must be published in the Berks County Law Journal.

In all cases in which any statute, Pennsylvania Rule of Civil Procedure, Pennsylvania Rule of Criminal Procedure, Berks County Rule of Court or Order of Court, publication of legal notices or advertisement shall be required to be made in a legal periodical, the same shall be made in the Berks County Law Journal, which for all such purposes is designated as the legal periodical in Berks County.

CRITICALCivil cases

If an opposing party has not appeared or filed a pleading with a service address, pleadings must be served under Pa.R.C.P. 400–441, and court rules, citations, or orders entered on an application must be served under B.R.C.P. 207.1.

(b) Where an opposing party has not entered an appearance or filed a pleading containing an address endorsed thereon where papers may be served upon said party, service of pleadings shall be as provided by Pa.R.C.P. 400-441, and service of the rule, citation or order of the court entered upon a motion, petition or application shall be as provided by B.R.C.P. 207.1.

CRITICALCivil cases

Service

Mail to all parties

The argument brief and proposed order must be served on all other counsel and unrepresented parties by first-class mail.

If no amended pleading is filed in accordance with paragraph (4) above, any party opposing preliminary objections which are not endorsed with a notice to plead, as they involve issues raised under Pa.R.C.P. No.s 1028(a)(2), (3) or (4), shall, on or before the Tuesday (or Monday, if Tuesday is a holiday) before the argument court date, file an argument brief in response to the preliminary objections, accompanied by a proposed order and proof of service of copies of the argument brief and proposed order upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

Applies to

Report

If the circumstance requiring a report arises after the petition is filed, the report must be served on all potentially affected parties, including the distributee’s heirs, with the specified notice.

If the circumstance necessitating such a report arises after the filing of the Petition for Adjudication/Statement of Proposed Distribution, the report shall be filed and served on all parties whose rights might be affected by the circumstance, including the distributee’s heirs, with notice in accordance with Pa. O.C. Rule 2.5(a) – (g).

CRITICALCivil cases

The party with the burden must serve copies of the praecipe and argument brief on all other parties and file proof of that service at the same time as the praecipe.

A party having the burden at argument in a civil case may file a praecipe with the prothonotary ordering that the case be listed for a particular argument court date, except that the date for argument on preliminary objections shall be as provided in B.R.C.P. 1028 (c), and shall file simultaneously with the prothonotary the required copies of his brief of argument and a proof of service that copies of such praecipe and brief of argument have been served upon all other parties in the case.

CRITICALCivil cases

Service

Mail

The required notice must be sent by certified mail, with proof of service by a verified statement filed with the prothonotary.

The notice required by subsection (a) of this Rule shall be given by certified mail as documented by a proof of service by a verified statement, as verified is defined in Pa.R.C.P. 76, filed with the prothonotary.

CRITICAL

The requesting party must serve copies of the transcript request on the presiding judge, court reporter, district court administrator, and opposing counsel—or the opposing party if unrepresented.

The requesting party shall also serve copies of the request to the judge presiding over the matter, the court reporter, the district court administrator, and opposing counsel, but if not represented, the opposing party.

CRITICALCivil cases

Applies to

Certified copy of dissolution

Before an attachment dissolution is effective between the defendant and garnishee, the defendant must serve the garnishee a prothonotary-certified copy in the manner used for a writ of execution and file proof of service.

Before the dissolution of any attachment is effective as between the defendants and the garnishee, the defendant must serve on the garnishee a copy of the dissolution certified to by the prothonotary in the same manner as provided for the service of a copy of the writ of execution under Pa. R.C.P 3140, and file with the prothonotary proof of said service.

CRITICALCivil cases

If any portion of the estate was received from the United States Veterans Administration or its successor, notice of the allowance request must be given to that agency.

(c) Restrictions Governing Allowance. If any portion of the incapacitated person's estate is received from the United States Veterans Administration or its successor, notice of the request for allowance shall be given to this agency.

CRITICALCivil cases

Applies to

Proposed adjudication and decree

The proposed Adjudication and Decree must be served with the Petition for Adjudication/Statement of Proposed Distribution.

A proposed Adjudication and Decree for confirmation of the account by the court shall be filed and served with the Petition for Adjudication/Statement of Proposed Distribution.

CRITICALCivil cases

Applies to

Pleading or legal paper

Service

Electronic service

An accepted pleading or legal paper other than original process is electronically served under the cited rules.

If the pleading or legal paper other than original process is accepted for filing, it will be electronically served as authorized by Pa.R.C.P. No. 205.4 (g)(1)(ii) and service shall be effectuated as provided in Pa.R.C.P. No. 205.4 (g)(2)(ii).

CRITICALCivil cases

Service

Publication

Sale notice must be conspicuously posted at the property and at least three nearby locations at least 20 days before the sale, and published weekly for three successive weeks in the specified publications.

(a) Notice. In addition to the notice requirements of any applicable statute or other rule or order of court, notice of the sale shall be conspicuously posted on the property to be sold and at a minimum of three other locations within the immediate vicinity of the property at least 20 days prior to the scheduled sale and be published in the legal periodical and newspaper of general circulation serving the property’s locale a minimum of once per week for three successive weeks.

CRITICALCriminal cases

After arraignment, a defendant released on bail or without bail must give written notice of an address or telephone-number change to the Clerk of Courts, District Attorney, and county bail agency within 48 hours.

(B) After arraignment pursuant to Pa.R.Crim.P. 571, as a condition of bail, or his or her release without bail, a Defendant shall notify in writing the Clerk of Courts, the District Attorney and the county bail agency of any change in said Defendant’s address and/or telephone number within forty-eight (48) hours after the change of address and/or telephone number first occurs.

CRITICALCivil cases

Service

Mail to opposing party

A summary-judgment motion must be filed with the Prothonotary and accompanied by proof that copies were served on all other parties by first-class mail.

A party filing a motion for summary judgment shall file the original motion with the Prothonotary, accompanied by a proof of service of copies of the motion upon counsel for all other parties and any unrepresented parties by first class mail.

CRITICALCivil cases

A copy of the exceptions must be served by personal service or first-class mail on opposing counsel of record or an unrepresented party.

serve a copy of such exceptions by personal service or first class mail on opposing counsel of record or party without counsel

CRITICALCivil cases

A copy of the witness-attendance bill of costs after trial must be served on the other parties or their attorneys of record.

A bill of costs for attendance of witnesses when a case is tried must be filed within ten (10) days after the last day of trial and a copy thereof served upon the other parties or their attorneys of record.

CRITICALCivil cases

The argument court brief must be accompanied by proof that copies were served on all other parties.

This brief of argument shall be accompanied by a proof of service that copies of the brief of argument have been served on all other parties in the case.

CRITICALCriminal cases

Before arraignment, a defendant released on bail or without bail must give written notice of an address or telephone-number change to the issuing authority, District Attorney, and County bail agency within 48 hours.

(A) Before arraignment pursuant to Pa.R.Crim.P. 571, as a condition of bail, or his or her release without bail, a Defendant shall notify in writing the issuing authority, the District Attorney and the County bail agency of any change in said Defendant’s address and/or telephone number, if any, within forty-eight (48) hours after the change of address and/or telephone number first occurs.

CRITICALCivil cases

Deadline

48 hours

The moving party must give each interested party at least 48 hours’ notice of the presentation when they have a right to be heard, unless an emergency prevents it, in which case as much notice as reasonably possible must be given.

If the petition, motion, or application is of such a nature that interested parties have a right to be heard, the moving party shall give each interested party at least forty-eight (48) hours’ notice of the time when the moving party will appear and present such petition, motion, or application, unless the emergency nature of the matter prevents such notice. In the latter situation, the moving party shall give as much notice as is reasonably possible.

CRITICAL

Service

Mail

Required notices must be sent in writing by first class mail to the specified recipients at their last known addresses.

Said district justice shall thereupon, by the succeeding December 1, notify in writing the district attorney in court cases involving felonies and misdemeanors, and shall notify in writing the defendant, prosecutor-complainant, private prosecuting attorney, and defense counsel of record in all felony, misdemeanor and summary cases, at his last known address by first class mail,

CRITICALCivil cases

The party must file proof of service of the notice with the prothonotary, stating the time, date, and manner of service and the person served.

The party intending to present the certificate of readiness shall make and file a proof of service of said notice with the prothonotary setting forth the time, date and manner of service, and the person upon whom such service was made.

CRITICALCivil cases

Each party of record shall file with the Prothonotary a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement as “verified” is defined in Pa.R.C.P. No. 76.

Each party of record shall file with the Prothonotary a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail. Proof of service shall consist of a verified statement as “verified” is defined in Pa.R.C.P. No. 76.

CRITICALCivil cases

When the non-moving party requests argument, both parties must serve their respective argument briefs as required by the rule.

(d) If the non-moving party files the request for argument, accompanied by a proof of service, the moving party shall file and serve a brief of argument within 20 days of service of the request. The non-moving party shall thereafter file and serve an argument brief within 20 days of filing and service of the moving party’s brief.

CRITICALCriminal cases

The expungement order must be served on and applies to the listed agencies, defense attorney, and the defendant’s last known address.

This order shall be served on and applies to the following: (1) The Pennsylvania State Police Department; (2) ________Police Department; (3) Berks County Adult Probation; (4) Berks County Central Warrant Agency; (5) Berks County Sheriff; (6) Berks County Bail Agency; (7) Berks County District Attorney’s Office; (8)____________, Attorney for the Defendant; (9) Defendant’s last known address of ___________.

CRITICALCivil cases

The moving party must promptly serve the respondent with the motion, proposed order, and any supporting argument brief.

The moving party shall promptly serve the respondent with a copy of the motion, proposed order, and argument brief, if any, filed in support of the application.

CRITICALCivil cases

Any written objections must be filed and served on counsel and unrepresented parties on or before the praecipe filing date.

Written objections, if any, shall be filed and served on all counsel of record and on any unrepresented party on or before the filing date.

CRITICALCivil cases

Applies to

Motion for appointment of divorce master

The moving party must serve counsel and any unrepresented party with the motion and written notice at least 20 days before filing.

At least twenty days prior to filing the motion for the appointment of a Divorce Master, the moving party shall serve all counsel of record and any unrepresented party with a copy of said motion and written notice of intention to file the motion.

CRITICALCivil cases

Applies to

Complaint

When leave and notice are required, the complaint containing the application for leave must be served on the defendant under Pa.R.C.P. 440 and 441.

Whenever leave of court and notice to the defendant is required in accordance with Pa.R.C.P. 2951(d), (e) and 2952(h), an application for an order of the court granting leave to enter judgment must be contained in the complaint and served upon the defendant pursuant to Pa.R.C.P. 440 and 441.

CRITICALCivil cases

The filed pre-arbitration memorandum must be served immediately on every party and arbitrator.

At least seven (7) days before the date of the arbitration hearing, all parties shall file with the Prothonotary a memorandum in the form hereinafter provided and shall immediately serve a copy on each party and each arbitrator.

CRITICALCivil cases

Applies to

Custody complaint

To obtain a consent order for a pre-action custody agreement, the parties must file of record and serve a custody complaint, but need not file the scheduling order otherwise required by Rule 1915.3(b).

If an agreement for custody is reached prior to commencement of an action and the parties desire a consent Order to be entered, they shall submit to the Court a proposed Order bearing the written consent of the parties or counsel and shall file of record and serve a custody complaint, but shall not be required to file the proposed order otherwise required by B.R.C.P. 1915.3(b).

CRITICALCivil cases

Unless the court orders otherwise, reasonable notice of an oral deposition must be at least 20 days.

Unless otherwise ordered by the court, reasonable notice for the purposes of Pa.R.C.P. 4007.1(a) shall be deemed to be not less than twenty (20) days.

CRITICAL

Applies to

Notice

When notice follows a rule obtained by the serving party, copies of the rule to show cause and its supporting petition must be served with the notice.

If the notice is in pursuance of a rule obtained by the party giving it, a copy of such rule to show cause and of the petition upon which the rule is founded shall be served with the notice.

CRITICAL

Service

Mail

Written notice must be mailed by first-class mail, and parties have 60 days after mailing to take appropriate legal steps or file reasoned written objections before automatic termination.

the respective magisterial district judge shall, by the succeeding May 1, notify in writing counsel of record and parties without counsel, at his/her last known address by first class mail, that if no appropriate legal steps are taken to bring the matter to conclusion, or no written objections to termination setting forth the reasons therefor are filed within sixty (60) days after the mailing of such notice, the action will be automatically terminated as of course and without further notice, and thereafter no proceedings may be had on such matters.

CRITICAL

The Prothonotary must serve counsel of record or unrepresented parties at least 60 days before proposed termination, state the termination date and avoidance procedure, and use mail or electronic transmission; returned mail must be followed by newspaper advertising.

The Prothonotary shall serve the notice on counsel of record and on the parties if not represented, at least sixty days prior to the date of the proposed termination. The notice shall contain the date of the proposed termination and the procedure to avoid termination. The notice shall be served by mail pursuant to Rule 440 or by electronic transmission pursuant to Rule 205.4(g). If the mailed notice is returned, the notice shall be served by advertising it in the Reading Eagle newspaper.

CRITICALCivil cases

When notice of an intended court application is required, copies of the application must already have been served with the notice and proof of service filed of record.

(a) Whenever it shall be required that notice shall be given of any intended application to the court, copies of the application shall have already been served with such notice and proof of service filed of record.

CRITICALCivil cases

The auditor’s or master’s report and notice of filing must be served on all interested parties or their attorneys using the manner prescribed by Pa. O.C. Rule 4.3.

A copy of the auditor’s or master’s report and notice of its filing shall be served on all interested parties, or their attorneys of record, in the manner provided in Pa. O.C. Rule 4.3.

CRITICALCriminal cases

Two certified paper copies and one computer diskette or CD-ROM containing the Administrative Order and Local Rule must be distributed to the Legislative Reference Bureau for publication.

- 2. Distribute two (2) certified paper copies of this Administrative Order and Local Rule and one (1) computer diskette or CD-ROM containing this Order and Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

CRITICALCivil cases

Service

Mail to all parties

An opposing party must file an original and copy of its answer and proof of first-class-mail service on counsel and unrepresented parties.

(1) Any party wishing to oppose the preliminary objections shall file with the Prothonotary an original and one copy of the answer to the preliminary objections and proof that the answer to the preliminary objections has been served by first class mail upon counsel for all other parties and any unrepresented parties no later than

CRITICALCivil cases

When the order is entered, the moving party must provide notice of its entry to all parties.

(6) notice of the entry of this Order shall be provided to all parties by the moving party.

CRITICALCivil cases

Applies to

Notice of sale

Service

Mail to opposing party

If the sheriff elects to sell qualifying over-the-counter securities through a broker, the sheriff must mail the defendant one week's written notice at an address available to the sheriff.

If the sheriff elects to sell securities and negotiable documents of title not listed on any recognized stock or commodities exchange but regularly traded over the counter by brokers authorized to deal therein through a broker as provided in Pa R.C.P. 3130, the sheriff shall give one (1) week's written notice by mail to the defendant at such address as may be available to the sheriff.

CRITICALCivil cases

If all interested parties have not appeared or joined, the petitioner must move for a rule to show cause, which is served on those parties; the order sets the return date and directs advertisement service for parties who cannot otherwise be served.

If all parties in interest do not voluntarily appear as petitioners or respondents or join in the petition to sell real estate at public sale, a rule to show cause why the prayer of the petition should not be granted shall be issued by the court upon motion of the petitioner to be served upon all parties who have not appeared or joined in the petition, returnable on a day to be fixed in the order granting the rule which order shall also direct the manner of service by advertisement upon all parties who cannot otherwise be served.

CRITICAL

Applies to

Notice

A required notice is effective only when properly served, subject to the court-permitted oral-notice exception and recording requirements.

Every required notice shall be in writing and shall be effective only upon proper service being made thereof, except for oral notice permitted by the court to be given at bar and a minute thereof made by the prothonotary or clerk of courts, or noted by a court stenographer in notes of the proceeding as may be directed by the court.

CRITICALCivil cases

Copies of the petition and rule must be served by personal service or first-class mail on the Magisterial District Judge and opposing counsel of record or an unrepresented party.

serve copies of the petition and rule by personal service or first class mail on the Magisterial District Judge and on opposing counsel of record or party without counsel.

CRITICALCivil cases

Required notice of the account must be given and proof of that notice filed.

If at the expiration of thirty (30) days after the filing of said account, provided that notice shall have been given as required and proof thereof filed, no exceptions are filed to the account or to the proposed distribution, the account shall be confirmed absolutely as of course and the accountant shall make the distribution proposed and file in the prothonotary's office a release or satisfaction of award from the distributees.

CRITICALCivil cases

Service

Mail to all parties

An opposing party must serve its argument brief and proposed order by first-class mail on counsel and unrepresented parties and file proof of service.

(4) Any party opposing the preliminary objections shall file with the Prothonotary an original and one copy of a brief of argument, proposed order and proof that such documents were served by first class mail upon counsel for all other parties and any unrepresented parties, no later than twenty (20) days after the date listed on the proof of service accompanying the brief of the party which filed the preliminary objections.

CRITICALCivil cases

All other parties must be served with a copy of the bankruptcy notice in the manner provided by B.R.C.P. 440/441.

All other parties shall be served with a copy of said notice in the manner provided by B.R.C.P. 440/441.

CRITICALCivil cases

If a statutory-exemption claim reaches the sheriff in sufficient time, the sheriff must give record parties at least two days' written notice of the appraisement's time and place.

In the event that a defendant claims a statutory exemption, if the defendant's claim is received by the sheriff in sufficient time to do so, the sheriff shall give the record parties at least two (2) days written notice of the time and place of making the appraisement of the property out of which the exemption is claimed.

CRITICALCivil cases

Service

Mail

(c) Appellant shall serve copies of the Real Estate Tax Assessment Appeal by certified or registered mail upon the Board addressed to 633 Court Street, 3rd Floor, Reading, PA 19601, and upon the following except if named as the Appellant: Board of County Commissioners of Berks County (County) addressed to 633 Court Street, 13th Floor, Reading, PA 19601, upon the governing board of the municipality and the board of school directors of the school district wherein the real estate is located addressed to the governing board and to the board of school directors at the respective offices of the municipality and school district, or, in the absence of an office of the municipality addressed to the governing board and secretary thereof at the secretary’s last known residence address, and upon Respondent owner of the real estate at such owner’s last known address.

(c) Appellant shall serve copies of the Real Estate Tax Assessment Appeal by certified or registered mail upon the Board addressed to 633 Court Street, 3rd Floor, Reading, PA 19601, and upon the following except if named as the Appellant: Board of County Commissioners of Berks County (County) addressed to 633 Court Street, 13th Floor, Reading, PA 19601, upon the governing board of the municipality and the board of school directors of the school district wherein the real estate is located addressed to the governing board and to the board of school directors at the respective offices of the municipality and school district, or, in the absence of an office of the municipality addressed to the governing board and secretary thereof at the secretary’s last known residence address, and upon Respondent owner of the real estate at such owner’s last known address.

CRITICALCivil cases

Argument-court documents and notices must be served on counsel of record or an unrepresented party personally or by specified mail to the address listed with the prothonotary.

Service of any document or notice under these rules relating to argument court shall be made on counsel of record or on a party without counsel by personal service or by registered, certified or first-class mail addressed to the last address of such counsel or party as listed with the prothonotary for the subject case.

CRITICALCivil cases

The prothonotary must serve the decision on the parties within 5 days after the hearing.

The prothonotary shall serve a copy of his or her decision on the parties within five (5) days of the hearing.

CRITICALCivil cases

Under the alternative procedure, the party must file proof of service of the notice with the prothonotary, stating the time, date, and manner of service and each person served.

The party intending to present the certificate of readiness shall make, and file, a proof of service of said notice with the prothonotary setting forth the time, date, and manner of service, and the person upon whom each service was made.

CRITICALCivil cases

The party must serve the scheduling order and brief on all other parties and simultaneously file the required brief copies and proof of service.

The party shall simultaneously file with the Prothonotary the required copies of his brief of argument and a proof of service that copies of the scheduling order and brief of argument have been served on all other parties in the case;

CRITICALCivil cases

Service

Mail to all parties

The motion, praecipe, and argument brief must be served on all other counsel and unrepresented parties by first-class mail, with proof of service filed.

(1) A party filing a motion for judgment on the pleadings shall file simultaneously with the Prothonotary a praecipe for argument and an argument brief, accompanied by a proof of service of copies of the motion, praecipe and brief of argument upon all other counsel and any unrepresented parties by first class mail, all in accordance with the Berks County Rules of Civil Procedure governing Civil Argument Court.

CRITICALCivil cases

Applies to

Hearing notice

The Divorce Master must give counsel at least 20 days’ written hearing notice and unrepresented parties at least 25 days’ written notice.

The Divorce Master shall give at least 20 days’ written notice of any hearing to all counsel of record and at least 25 days’ written notice to any unrepresented party.

WARNING

Service

Publication

After certification, the county court administrator must publish the notice once in the Berks County Law Journal and a county newspaper, with the specified case and judge information.

Publication of notice thereof, which may be a consolidated publication referring to one or more actions before one or more magisterial district judges, shall thereupon be made by the court administrator at the expense of the County of Berks by advertisement one (1) time in the Berks County Law Journal and in a newspaper of general circulation within the county stating the caption of the action, docket number, and name and office address of the respective magisterial district judge.

WARNINGCivil cases

Applies to

Notice of intention to offer documentary evidence

A party may offer listed documentary evidence without further proof if the party gives all other parties written notice at least 10 days before the hearing.

If, at least 10 days prior to the date for hearing, a party gives all other parties written notice of intention to offer documentary evidence, including a written report, bill, statement, estimate of value, worth or cost, or report of any appraiser, medical, valuation or other expert witness, or official or certified record of any governmental or judicial body, the same may be admitted into evidence without further proof;

WARNING

Service

Publication

Publication of notice thereof, which may be a consolidated publication referring to one or more actions before one or more district justices, shall thereupon be made by the court administrator at the expense of the County of Berks by advertisement one (1) time in the Berks County Law Journal and in a newspaper of general circulation within the county.

Publication of notice thereof, which may be a consolidated publication referring to one or more actions before one or more district justices, shall thereupon be made by the court administrator at the expense of the County of Berks by advertisement one (1) time in the Berks County Law Journal and in a newspaper of general circulation within the county.

WARNINGCriminal cases

The Clerk of Courts must serve the parties with a copy of the decision within five days after the hearing.

The Clerk of Courts shall serve a copy of his decision on the parties within five (5) days of the hearing.

WARNING

Service

Mail

The district judge must mail written notice of the hearing and a copy of the objections at least 45 days beforehand.

shall give at least forty-five (45) days written notice thereof, along with a copy of said written objections, by regular mail to counsel of record and parties without counsel,

WARNINGCivil cases

The prothonotary must notify all parties promptly of the time and date of the retaxation hearing.

Within five (5) days after the exceptions are filed, the prothonotary shall issue a rule for retaxation and shall forthwith notify all parties of the time and date for a hearing on such retaxation before the prothonotary.

WARNINGCriminal cases

A copy of accepted papers must be sent to the defendant’s attorney of record, or to the defendant if no attorney has appeared.

A copy of the papers accepted will be sent to the Defendant’s attorney of record or the Defendant if no attorney has entered an appearance for the Defendant.

WARNING

A copy of papers accepted from an unauthorized submitter will be sent to the party’s attorney of record or, if none has appeared, to the party.

A copy of the papers accepted will be sent to the party’s attorney of record or the party if no attorney has entered an appearance for the party.

WARNINGCriminal cases

When issuing the rule for retaxation, the Clerk of Courts must promptly notify the parties of the hearing’s date and time.

Within five (5) days after the exceptions are filed, the Clerk of Courts shall issue a rule for retaxation and shall forthwith notify the parties of the time and date for hearing on such retaxation.

WARNING

The clerk must give the specified parties notice of the listing at least 60 days before the argument court date.

Such officer shall give notice of the listing of said case in criminal cases to the district attorney, other attorneys of record for either the prosecution or the defendant and the defendant as provided by Pa. R.J.A 1901(c) (1) and (2) at least sixty (60) days prior to the argument court date listing;

WARNINGCivil cases

Service

Publication

Publication required by Pa.R.C.P. 1507 must comply with this rule to the extent its requirements apply.

The publication required by Pa.R.C.P. 1507 shall conform to the requirements of this Rule insofar as said requirements are applicable.