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

CRITICALCivil cases

Applies to

Mortgage foreclosure program notice and hoocert

For a mortgage foreclosure complaint involving an owner-occupied residence, the Program Notice and HOOCert must be served on the defendant along with the complaint.

When a Complaint in mortgage foreclosure is filed seeking to foreclose a mortgage on an owner-occupied residence, the Court shall provide to the plaintiff and/or plaintiff's counsel (1) a Mortgage Foreclosure Diversion Program Notice and (2) a Home Owner-Occupation Certification ("HOOCert"), attached hereto as Exhibits "A" and "B", respectively, which shall be served upon the defendant or defendants in the foreclosure action along with a copy of the complaint as required by the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Notice of hearing

The moving party must serve a true and correct copy of the notice or order on all counsel of record and unrepresented parties.

A true and correct copy of the Notice/Order shall be served upon all counsel of record and unrepresented parties by the moving party.

CRITICALCivil cases

The moving party must notify all other parties of record of the hearing or argument's date, time, and location.

(4) It shall be the responsibility of the moving party to notify all other parties of record of the date, time, and location of the hearing/argument.

CRITICALCivil cases

The moving party must notify all other parties of record of the argument’s date, time, and location.

(9) It shall be the responsibility of the moving party to notify all other parties of record of the date, time, and location of the argument.

CRITICAL

Applies to

Request for evidentiary hearing

The request form must be served on the other counsel or party.

The request form must be served on the other counsel/party

CRITICALCivil cases

The petitioner must notify all other parties of the intention to ask the court to issue the rule.

give notice to all other parties of the intention to request the court to issue the rule.

CRITICALCivil cases

After receiving a hearing date, the movant must inform the opposing party of the hearing date and time.

After receiving a date for hearing, the movant shall inform the opposing party of the date and time of the hearing.

CRITICALCivil cases

The moving party must notify all other parties of record of the hearing or argument date, time, and location.

- (4) It shall be the responsibility of the moving party to notify all other parties of record of the date, time, and location of the hearing/argument.

CRITICALCivil cases

The moving party must serve true and correct copies on all other parties to the action.

the moving party shall serve to all other parties to the action true and correct copies

CRITICALCivil cases

Court Administration or its designee must give the parties or their attorneys of record and the assigned judge written notice stating the hearing date, time, and place at least 30 days before the arbitration hearing.

(c) Notice – Pursuant to Pa.R.Civ.P. 1303, Court Administration, or its designee, shall give to the parties or their attorneys of record and the assigned judge at least thirty (30) day notice in writing of the date, time and place of the arbitration hearing.

CRITICAL

Applies to

Summary warrants and summonses

Service of the specified summary warrants and summonses is suspended until further notice from the respective MDJ.

The service of summary warrants for failure to respond, summons undelivered and failure to pay summary offenses shall be suspended until further notice from each respective MDJ.

CRITICALCivil cases

Applies to

Request for evidentiary hearing trial

The request form must be served on opposing counsel or the other party and identify the specific issues for the evidentiary hearing or trial.

The request form must be served on the other counsel/party with the specific issues identified for consideration in the evidentiary hearing/trial.

CRITICALCivil cases

Before submitting responses or briefs at the time of presentation, parties must have served copies on every other party.

(b) Parties may choose to submit responses and briefs at the time of presentation provided that copies have been served on every other party.

CRITICALCivil cases

The Prothonotary must notify attorneys of record and parties without attorneys of the arbitrators’ award in conformity with Pa.R.Civ.P. 1307.

Attorneys of record or parties who have no attorney shall be notified of the award of the Board of Arbitrators by the Prothonotary, in conformity with Pa.R.Civ.P. 1307.

CRITICALCivil cases

Service must comply with Pennsylvania Rule of Civil Procedure 440.

Service shall be made in conformity with Pa. R. Civ. P. 440.

CRITICALCivil cases

Applies to

Notice of entry of order

The petitioner must provide all parties with notice of entry of the order.

(5) notice of entry of this order shall be provided to all parties by the petitioner.

CRITICALCivil cases

Applies to

Complaint

If attempted service of the Complaint is not perfected, the Plaintiff must petition for alternative service unless able to reinstate the complaint if necessary and perfect service; otherwise, the action may be dismissed.

If at least one attempt at service is made on the Complaint, and the service is not perfected, the Plaintiff must petition for alternative service of the Complaint, unless Plaintiff is able to reinstate the complaint (if necessary) and perfect service or suffer dismissal of the action.

CRITICALCivil cases

Court Administration must notify the requesting party of the decision, and the requesting party must notify all parties of record.

Court Administration shall notify the requesting party of the Court’s decision on the motion and it shall be the requesting party’s obligation to notify all parties of record.

CRITICALCivil cases

Service

Court service to all parties

Court Administration must give the parties or their attorneys and the assigned judge written notice of the arbitration hearing’s date, time, and place at least 30 days before the hearing.

Pursuant to Pa.R.Civ.P. 1303, Court Administration, or its designee, shall give to the parties or their attorneys of record and the assigned judge at least thirty (30) day notice in writing of the date, time and place of the arbitration hearing.

CRITICALCivil cases

Service

Mail

A copy of the Certification must be mailed to the Court and Plaintiff’s counsel.

You must also mail a copy of the Certification to this Court and to the Plaintiff’s counsel at the following addresses:

CRITICALCivil cases

Service must conform to Pennsylvania Rule of Civil Procedure 440.

(e) Service shall be made in conformity with Pa. R. Civ. P. 440.

CRITICALCivil cases

Applies to

Arbitration scheduling request

The original arbitration scheduling request is filed with the Prothonotary, with a copy provided to the Court Administrator and all counsel or parties of record.

THIS ORIGINAL FORM HAS BEEN FILED WITH THE PROTHONOTARY THIS DATE WITH A COPY TO THE COURT ADMINISTRATOR AND ALL COUNSEL OR PARTY OF RECORD.

CRITICALCivil cases

The plaintiff must provide a copy of the satisfaction praecipe to the defendant or the defendant’s counsel.

Upon payment in full of the judgment debt, the Plaintiff shall file a praecipe to mark judgment as satisfied with the Blair County Prothonotary, and provide a copy of such praecipe to the Defendant(s) or his/her/their legal counsel.

CRITICAL

The Petitioner must serve the Respondent before the Special Relief case is heard.

The Petitioner must provide service to the Respondent prior to the case being heard.

CRITICALCivil cases

Papers must be served in accordance with Pennsylvania Rule of Civil Procedure 440.

Service shall be made in conformity with Pa. R. Civ. P. 440.

CRITICALCivil cases

Service must conform to Pennsylvania Rule of Civil Procedure 440.

(3) Service shall be made in conformity with Pa. R. Civ. P. 440.

CRITICALCivil cases

After filing the satisfaction praecipe, the Plaintiff must provide a copy to the Defendant(s) or their legal counsel.

Upon payment in full of the judgment debt, the Plaintiff shall file a praecipe to mark judgment as satisfied with the Blair County Prothonotary, and provide a copy of such praecipe to the Defendant(s) or his/her/their legal counsel.

CRITICALCivil cases

Applies to

Discontinuance

Counsel must provide Court Administration a copy of the discontinuance at the same time the original is provided to the Prothonotary.

Counsel shall provide a copy of the discontinuance to Court Administration simultaneous with providing the original to the Prothonotary.

CRITICALCivil cases

A petitioner must notify all other parties of the intention to request issuance of a rule to show cause.

(2) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed in subdivision (6) and give notice to all other parties of the intention to request the court to issue the rule.

CRITICALCivil cases

Applies to

Notice of hearing

The moving party must serve a true and correct copy of the Notice/Order on all counsel of record and unrepresented parties.

A true and correct copy of the Notice/Order shall be served upon all counsel of record and unrepresented parties by the moving party.

CRITICALCivil cases

Applies to

Signed order for scheduling hearing

The movant must serve the opposing party with signed orders scheduling hearings.

The movant shall likewise serve the opposing party with a copy of signed orders for scheduling hearings.

CRITICALCivil cases

Service

Mail

A copy of the certification must be mailed to the court and plaintiff’s counsel.

You must also mail a copy of the Certification to this Court and to the Plaintiff's counsel at the following addresses:

CRITICAL

Applies to

Transcript request

Copies of a written request for a daily, expedited, or same-day transcript must be delivered as directed by subsection (B).

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

CRITICALCivil cases

The movant and respondent must provide opposing parties immediate notice of filings, the movant must notify them of the hearing date and time and serve signed scheduling orders, and noncompliance may result in dismissal or sanctions.

The movant and respondent shall serve copies of their respective filings upon the opposing party at the time such filings are promptly time-stamped with the Prothonotary’s Office in order to afford opposing party immediate notice of the filing. After receiving a date for hearing, the movant shall inform the opposing party of the date and time of the hearing. The movant shall likewise serve the opposing party with a copy of signed orders for scheduling hearings. (Failure to do so may result in dismissal and/or sanctions).

CRITICALCivil cases

Applies to

Complaint

After an unsuccessful service attempt, the Plaintiff must petition for alternative service unless the Plaintiff can reinstate the complaint and perfect service; otherwise, the action may be dismissed.

If at least one attempt at service is made on the Complaint, and the service is not perfected, the Plaintiff must petition for alternative service of the Complaint, unless Plaintiff is able to reinstate the complaint (if necessary) and perfect service or suffer dismissal of the action.

CRITICALCivil cases

The moving party must file with the Prothonotary proof showing when and how the specified pleadings and documents were served on all other parties.

the moving party shall be solely responsible for filing with this Court's Prothonotary a proof of service indicating the date, time and manner of service of the aforementioned pleadings and documents upon all other parties.

CRITICALCivil cases

The moving party must notify all other parties of record of the argument’s date, time, and location.

It shall be the responsibility of the moving party to notify all other parties of record of the date, time, and location of the argument.

CRITICALCivil cases

The Prothonotary must notify attorneys of record or unrepresented parties of the Board of Arbitrators' award in conformity with Pa.R.Civ.P. 1307.

(c) Attorneys of record or parties who have no attorney shall be notified of the award of the Board of Arbitrators by the Prothonotary, in conformity with Pa.R.Civ.P. 1307.

CRITICALCivil cases

The petitioner must provide all parties with notice of entry of the order.

- (5) notice of entry of this order shall be provided to all parties by the petitioner.

CRITICAL

Deadline

5 business days

Service

Email

Exhibits for an ACT proceeding must be emailed to court administration for distribution by noon five business days before the proceeding.

(3) All exhibits to be considered by the Court in an ACT proceeding must be transmitted via e-mail to court administration for distribution to the appropriate chambers and opposing counsel (or the opposing party, if a pro se litigant) no later than 12 noon five business days immediately preceding the date of the proceeding. Acceptable formats are .pdf, .jpg, .png, and .mp4, with all Microsoft Office documents (Word, Excel, PowerPoint, Outlook, etc.) to be converted to .pdf unless specific formatting or metadata is a relevant part of the exhibit. No other file types or transmittal methods will be accepted without prior approval. Filenames should include the docket number and a brief, objective description of the item (e.g., "xxx-2020 Texts From Defendant"). Counsel or litigants may petition the court to provide exhibits in another manner if they are so voluminous they cannot be transmitted as described, or if they are tangible objects.

CRITICAL

Applies to

Transcript

After the balance is paid, court reporting personnel must file the original transcript and deliver copies to the appropriate litigants.

Upon payment of the balance owed, the court reporting personnel shall file the original transcript in the appropriate filing office with copies made and delivered to the appropriate litigants.

CRITICALCivil cases

The movant and respondent must serve their filings on the opposing party when the filings are time-stamped with the Prothonotary’s Office.

The movant and respondent shall serve copies of their respective filings upon the opposing party at the time such filings are promptly time-stamped with the Prothonotary's Office in order to afford opposing party immediate notice of the filing.

WARNINGCivil cases

Court Administration notifies the requesting party of the decision, and the requesting party must notify all parties of record.

Court Administration shall notify the requesting party of the Court’s decision on the motion and it shall be the requesting party’s obligation to notify all parties of record.

WARNING

Any required notice of publication in the Blair County Legal Bulletin is excused until further court order.

AND NOW, this 13th day of March, 2019, it is hereby DIRECTED, ORDERED, and DECREED that the Court is excusing any required notice of publication in the Blair County Legal Bulletin until further Order of Court.

WARNINGCivil cases

Service

Mail

After the Court signs a Notice of Hearing/Argument or Order, Court Administration must mail a copy to the moving party.

- (3) Once a Notice of Hearing/Argument or Order has been signed by the Court, Court Administration shall mail a copy to the moving party.

WARNINGCivil cases

The certification states that a copy of the filed form is provided to the Court Administrator and all counsel or parties of record.

THIS ORIGIANL FORM HAS BEEN FILED WITH THE PROTHONOTARY THIS DATE WITH A COPY TO THE COURT ADMINISTRATOR AND ALL COUNSEL OR PARTY OF RECORD.

WARNINGCivil cases

Parties who choose to submit responses and briefs at presentation must first serve copies on every other party, but filing those papers is not required.

Parties may choose to submit responses and briefs at the time of presentation provided that copies have been served on every other party. However, parties are not required to file responses and briefs in these instances.

WARNINGCivil cases

Service

Mail

After the judge signs the Order for Argument, Court Administration must mail a copy to the moving party.

Once the Order for Argument is signed by the judge, Court Administration shall mail a copy to the moving party.

WARNINGCivil cases

After the judge signs the Order for Argument, Court Administration must mail a copy to the moving party.

(8) Once the Order for Argument is signed by the judge, Court Administration shall mail a copy to the moving party.

INFO

Service

Mail

The MDJ or constable may notify a defendant by mail of a warrant and advise that a plea may be entered by mail, fax, or another method.

Nothing shall prevent the MDJ/Constable from notifying any defendant via mail of the existence of the warrant and advising the defendant that he/she may enter a plea via mail, fax, etc.