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

CRITICAL

Applies to

Trial scheduling order

Service

Mail

If an evaluator has been appointed, the Prothonotary must mail the evaluator a copy of the trial scheduling order.

The Prothonotary shall mail a copy of the trial scheduling order to the evaluator, if one has been appointed in the case.

CRITICAL

Service

Mail to opposing party

A copy of the Request for Conciliation Conference must be served by mail to the plaintiff’s address.

To obtain admission to the Consumer Credit/Residential Mortgage Foreclosure Diversion Program, you or your attorney must complete a Request For Conciliation Conference form as provided at Butler County Local Rule L-1143 (b), file the same with the Prothonotary, and serve a copy of said Request, by mail to the Plaintiff’s address set forth below.

CRITICAL

Applies to

Pretrial narrative

Copies of the Pretrial Narrative must be served on all parties.

Copies of the Pretrial Narrative shall be served on all parties.

CRITICAL

Deadline

5 business days

Applies to

Motion or petition

For a nonconsented motion or petition, a copy must be provided to the opposing party five business days before presentation to the judge.

If a Motion/Petition is not consented-to, a copy of the Motion/Petition must be provided to the opposing attorney/self-represented party. This must be done five (5) business days prior to the day that the Motion/Petition will be presented to the judge.

CRITICAL

The requester must serve copies of the formal request on the presiding judge and opposing counsel, or the opposing party if unrepresented.

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

CRITICAL

After any balance is paid, the filing office must deliver a transcript copy to the litigant who ordered it.

Upon payment of any balance owed, the filing office shall deliver a copy of the transcript to the litigant who ordered it.

CRITICAL

Copies of written requests for daily, expedited, or same-day transcripts must be delivered as subsection (B) requires.

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

CRITICAL

Applies to

Notice of consumer credit or residential mortgage foreclosure diversion program

Service

Mail

For complaints filed and served before November 2, 2009, the diversion-program notice may be served by certified mail, service is dated upon delivery, and L-402 governs if original complaint service is incomplete.

For complaints filed and served before November 2, 2009, the “Notice Of Consumer Credit or Residential Mortgage Foreclosure Diversion Program” may be served by certified mail to the record address of the Defendant or to Defendant’s legal counsel of record, if any. The date of service shall be the date when the certified mail is delivered to Defendant or Defendant’s counsel. However, if original service of the complaint has not been completed, service of the Notice shall be as per Butler County Local Rule of Civil Procedure L-402.

CRITICALCivil cases

Non-moving parties must serve their briefs no later than one week before the scheduled submission or argument date.

Briefs for the non-moving parties shall be filed and served no later one (1) week prior to the scheduled submission/argument date.

CRITICALCivil cases

Applies to

Motion request application

Service

Personal service to all parties

Before any motion is filed, the moving party shall serve a copy of the motion, request or application and any proposed order, and a statement of the date and time of the intended presentation, to counsel of record and any unrepresented party at least five days in advance of the presentation. Service may be accomplished personally, by first class mail, or by facsimile transmission. Service shall be made pursuant to Pa.R.C.P. 440.

Before any motion is filed, the moving party shall serve a copy of the motion, request or application and any proposed order, and a statement of the date and time of the intended presentation, to counsel of record and any unrepresented party at least five days in advance of the presentation. Service may be accomplished personally, by first class mail, or by facsimile transmission. Service shall be made pursuant to Pa.R.C.P. 440.

CRITICAL

Interested parties must be given notice of the motion to destroy or dispose of exhibits.

All interested parties shall be given notice of such Motion and must file a Motion to Reclaim Exhibits within thirty (30) calendar days of service of the Motion.

CRITICAL

The Request for Conciliation Conference must be served upon the plaintiff or lender.

The Request for Conciliation Conference shall be filed with the Prothonotary within thirty 30 days of service of the Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program and shall be served upon the plaintiff/lender.

CRITICALCivil cases

Each party's completed written appraisal must have been exchanged with the appellant, County Solicitor, specified municipal and school district bodies, the property owner, and other intervening parties of record.

(c) At the time of the Conciliation Conference, all parties and/or their counsel shall be present, with full authority to effectuate settlement of the appeal. Each party must have a completed written appraisal(s) for the subject property, which has been previously exchanged with Appellant, County Solicitor, the governing board of the municipality in which the tax parcel is located, the board of school directors of the school district wherein the real estate is located, the property owner and any other intervening parties of record.

CRITICAL

The certificate records that prior notice of presentation and a copy of the document were given to the listed recipient, including the date, time, and method.

I gave prior notice of presentation and a copy of this document to: on at by: Electronic Mail Fax Mail Other:

CRITICALCivil cases

Applies to

Pre trial statement

Each party must serve its pre-trial statement on opposing counsel 10 business days before the pre-trial conference.

Ten (10) business days before the pre-trial conference, each party shall file with the Prothonotary, and serve upon opposing counsel, a pre-trial statement which complies in all material respects with the requirements of Pa.R.C.P. No. 1920.33(b).

CRITICALCivil cases

The filing party must serve the opposing party with the seminar information provided by the Prothonotary.

Information concerning the seminar shall be provided by the prothonotary of the Court of Common Pleas of Butler County, Pennsylvania, to the filing party. Said party shall be responsible for service of such information on the opposing party.

CRITICAL

Interested parties must be given notice of the motion and must file any motion to reclaim exhibits within 30 calendar days after service.

All interested parties shall be given notice of such Motion and must file a Motion to Reclaim Exhibits within thirty (30) calendar days of service of the Motion.

CRITICALCivil cases

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

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

CRITICAL

The filing office must deliver the transcript copy to the ordering litigant after any balance is paid.

Upon payment of any balance owed, the filing office shall deliver a copy of the transcript to the litigant who ordered it.

CRITICALCivil cases

When a consumer credit or residential foreclosure complaint is filed, the Sheriff must serve the complaint and diversion-program Notice on the named defendants under Pennsylvania Rule of Civil Procedure 402.

Upon the filing of a consumer credit or residential foreclosure complaint, the Sheriff shall serve both the complaint and the "Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program" upon the named defendants in accordance with Pennsylvania Rule of Civil Procedure 402, Service of Original Process.

CRITICALCivil cases

Deadline

5 business days

Completed written appraisals and any other evidence of value to be offered must be exchanged with the parties and intervenors at least five business days before the Conciliation Conference.

(b) Completed written appraisal(s) or any other evidence of value that will be offered for the subject property shall be exchanged with the parties and intervenors, a minimum of five (5) business days prior to the Conciliation Conference.

CRITICALCivil cases

Service

Publication

When publication service is authorized and no manner is otherwise specified, publish the notice once in a Butler County newspaper of general circulation and once in the Butler County Legal Journal, and file an affidavit of publication with the Prothonotary.

(a) Designated publication. Whenever service by publication is authorized by law or rule/order of court and the manner of publication is not otherwise specified, such service shall be made by publishing the required notice one (1) time in a newspaper of general circulation in Butler County, and one (1) time in the Butler County Legal Journal. Affidavit of publications shall be filed with the Office of the Prothonotary. (b) The Butler County Legal Journal. The Butler County Legal Journal, owned and operated by the Butler County Bar Association, is hereby designated the official legal publication of Butler County.

CRITICAL

Applies to

Transcript request

The requesting party must serve the formal transcript request on the presiding judge 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; and (2) opposing counsel, but if not represented, the opposing party.

CRITICALCivil cases

Service

Mail

Copies must be served by regular mail, and proof of service must be filed.

(iii) Intervenor shall file with the Prothonotary, within five days of the filing of the Notice of Intervention, proof of service of copies thereof including a verified statement, as defined in Pa. R.C.P. 76, that service was made by regular mail.

CRITICALCivil cases

Posting the Notice on the property constitutes service of that Notice on the defendants for purposes of complying with the local diversion-program rules.

The posting of Notice on the property shall constitute service of said "Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program" upon the defendants for purposes of compliance with these local rules concerning the Consumer Credit or Residential Mortgage Foreclosure Diversion Program.

CRITICALCivil cases

Applies to

Custody complaint or petition for modification and related orders

The moving party must serve the custody complaint or modification petition, its scheduling order, and the seminar-attendance order under the Pennsylvania Rules of Civil Procedure.

The Complaint for Custody and scheduling Order or the Petition for Modification and scheduling Order, in addition to the Order to attend the divided families seminar, shall be served by the moving party in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICAL

A party requesting a transcript must serve the formal request on the presiding judge and opposing counsel, or on the opposing party if unrepresented.

The party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the District Court Administrator of the Court of Common Pleas of Butler County who will immediately note in their intake log that the filing has been made. The requesting party shall also serve copies of the formal request to: (1) the judge presiding over the matter; and (2) opposing counsel, but if not represented, the opposing party.

CRITICAL

Service

Electronic service to court

If requested, the Recording Office must serve an electronic copy on the trial judge.

The Recording Office shall then serve an electronic copy on the trial Judge if and when requested

CRITICALCivil cases

Notices in the case must be served at the address provided on the form.

All Notices in the above-captioned case shall be served at this address.

CRITICALCivil cases

Applies to

Exhibits

As a condition for avoiding sanctions for an exhibit omission, the party must provide opposing counsel with a complete copy of all identified exhibits together with the served pre-trial statement.

(i) he has provided a complete copy of all the exhibits identified in his Pretrial Statement with the copy of the Pretrial Statement served on opposing counsel;

CRITICALCivil cases

Applies to

Brief

Non-moving parties must serve their briefs no later than one week before the scheduled submission or argument date.

Briefs for the non-moving parties shall be filed and served no later than one (1) week prior to the scheduled submission or argument date.

CRITICALCivil cases

Counsel must exchange the written appraisal with the specified recipients at least five business days before the Conciliation Conference.

Counsel is directed to have a written appraisal of the property completed and exchanged with Appellant, County Solicitor, the governing board of the municipality in which the tax parcel is located, the board of school directors of the school district wherein the real estate is located, the property owner and any other intervening parties of record, a minimum of five (5) business days prior to the Conciliation Conference date listed above.

CRITICAL

Service

Electronic service to court

The Court Reporter must electronically serve a copy of the transcript on the trial Judge.

The Court Reporter shall then serve an electronic copy on the trial Judge

CRITICAL

Applies to

Emergency motion or petition

The opposing party must receive advance notice of presentation and a copy of the motion or petition.

Notice of presentation and a copy of the Motion/Petition must be given in advance, to the opposing attorney/self-represented party and the date, time and manner that this notice was given must be stated on the Motion Court cover sheet.

CRITICAL

Service

Electronic service to court

The Court Reporter must electronically serve a copy of the transcript on the trial Judge.

The Court Reporter shall then serve an electronic copy on the trial Judge

CRITICALCivil cases

The intervenor's proof-of-service form certifies service of the Notice of Intervention and Entry of Appearance on the appellant, specified public entities, the property owner, and other intervening parties of record.

I hereby certify that the Notice of Intervention and Entry of Appearance in the above captioned matter has been served upon Appellant, County Solicitor, the governing body of the municipality in which the tax parcel is located, the board of school directors of the school district wherein the real estate is located, the property owner and any other intervening parties of record as per the official court docket reviewed upon ________________, 20___ as follows:

CRITICAL

Applies to

Exhibits

Copies of all exhibits must be provided to opposing counsel or the opposing party.

Copies of all exhibits shall be provided to opposing counsel or to the opposing party.

CRITICAL

All interested parties must be given notice of the motion to destroy or dispose of proffered exhibits.

All interested parties shall be given notice of such Motion

CRITICALCivil cases

If the Sheriff cannot personally serve the civil action papers and Notice, the Sheriff must post the property with the diversion-program Notice.

In the event the Sheriff is unable to personally serve the defendants with the civil action papers and the Notice, the Sheriff shall post the property with the "Notice of Consumer Credit or Residential Mortgage Foreclosure Diversion Program".

CRITICALCivil cases

Applies to

Notice of intervention

Service

Mail

An intervenor must serve the Notice of Intervention by regular mail on the Appellant and the listed officials, property owner, and intervening parties of record.

Intervenor shall serve copies of the Notice of Intervention by regular mail upon the Appellant, County Solicitor, the governing body of the municipality in which the affected tax parcel is located, the board of school directors of the school district wherein the real estate is located, the property owner and any other intervening parties of record.

CRITICALCivil cases

Service

Court service to all parties

The scheduled arbitration time must be sent to all counsel and unrepresented parties by mail and/or fax.

(d) Upon receipt of the arbitration status report forms, the arbitration cases will be scheduled for a specific time for hearing before a panel of arbitrators on the scheduled arbitration date. Notification of the scheduled arbitration time shall be forwarded to all counsel and unrepresented parties by mail and/or facsimile transmission.

CRITICALCivil cases

Applies to

Order for transcript

A copy of the Order for Transcript must be served on the involved court reporter or reporters.

(B) Serve a copy of the Order for Transcript on the court reporter(s) involved;

CRITICAL

Applies to

Request for custody pretrial conference

The Request for Custody Pretrial Conference must be served on the opposing party or, if represented, that party’s counsel.

Said Request shall be served on the opposing party, or counsel, if represented.

CRITICALCivil cases

Applies to

Real estate tax assessment appeal petition

Service

Mail

The Appellant must serve the petition by regular mail on the listed recipients and file proof of service within twenty days thereafter.

The Appellant shall serve copies of the Real Estate Tax Assessment Appeals Petition via regular mail upon County Solicitor, the governing body of the municipality in which the tax parcel is located, the board of school directors of the school district wherein the real estate is located and the property owner. Within twenty days thereafter, the Appellant shall file a proof of service.

CRITICALCivil cases

Applies to

Non moving party brief

Non-moving parties must serve their briefs one week before the scheduled submission or argument date.

Briefs for the non-moving parties shall be filed and served one (1) week prior to the scheduled submission or argument date.

CRITICAL

Before an order terminating a matter for unreasonable inactivity, the parties must receive at least 30 days' written notice of the opportunity for a hearing, consistent with Pa. RJA Rule 1901(c).

Before any order terminating a matter on the ground of unreasonable inactivity is entered, the parties shall be given at least 30 days written notice of opportunity for hearing on such proposed termination. Notice shall be made consistent with Pa. RJA Rule 1901 (c).

CRITICALCivil cases

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

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

CRITICAL

The mediator must provide every party with a copy of the conference report.

All parties will be provided with a copy of the mediator’s conference report by the mediator.

WARNINGCivil cases

The certificate records reasonable prior notice of filing and delivery of a copy, including the recipient, address, date, and method.

I gave reasonable prior notice of filing and a copy of this document to: _____________________________________ at _______________________________ on ____________________________ by: ○Personal Service ○Fax ○ Mail ○ Other ______________________________

WARNING

The filing office provides a copy of a previously ordered and filed transcript after a Request for Transcript is completed and the appropriate fee is paid.

A request for a copy of any transcript previously ordered, transcribed and filed of record shall be provided by the appropriate filing office upon completion of a "Request for Transcript" and payment of the appropriate fee according to the following schedule:

WARNINGCivil cases

Interested parties other than the specified parties receive no further notice unless and until they file a Notice of Intervention.

Except for the parties (Butler County Board of Assessment Appeal , the Appellant and the property owner, should they not be the Appellant), all other interested parties will not receive further notice until such interested party or parties files the Notice of Intervention, as set forth in these rules.

WARNINGCivil cases

The referenced material must be posted at the stated website and faxed to counsel, parties, and panel members at least one week before the hearing.

www.co.butler.pa.us and faxed to all counsel, parties and panel members on or before _________________, not less than one week prior to the hearing.

WARNING

Service

Email

After the appropriate fee is paid, the recording office may provide the requested transcript, preferably as an electronic copy by email.

Upon payment of the appropriate fee, the recording office may provide a copy of the transcript to the individual requesting it. Distribution of electronic copies by e-mail is preferred.

WARNING

Service

Email

After any balance is paid, the filing office must deliver the transcript to the ordering litigant, preferably electronically by email.

Upon payment of any balance owed, the filing office shall deliver a copy of the transcript to the litigant who ordered it. Electronic delivery by e-mail is preferred.

WARNINGCivil cases

After receiving the status report forms, the Court schedules a specific hearing time and sends notice to all parties by mail and/or fax; scheduled times are also posted online and in specified court offices.

Upon receipt of the status report forms, each case will be scheduled for a specific time for hearing before an Real Estate Tax Assessment Appeal Panel on the scheduled date. Notification of the scheduled hearing time shall be forwarded to all parties by mail and/or facsimile transmission. The scheduled times will also be posted on the Butler County website, www.co.butler.pa.us, and in the offices of Court Administration and the Prothonotary.

WARNING

After the appropriate fee is paid, the recording office may provide the requester with a transcript copy.

Upon payment of the appropriate fee, the recording office may provide a copy of the transcript to the individual requesting it.

INFO

Service

Email

E-mail is the preferred method for electronic delivery of the transcript.

Electronic delivery by e-mail is preferred.

INFO

Service

Email

E-mail is the preferred method for distributing electronic copies of previously filed transcripts.

Distribution of electronic copies by e-mail is preferred.