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

CRITICAL

Service on the district court administrator must be by mail, by leaving a copy at the administrator’s office, or by carrier service.

Service on the district court administrator shall be by: (a) mailing a copy to the district court administrator; or (b) leaving a copy for the district court administrator at the district court administrator’s office; or (c) delivery to the district court administrator by carrier service.

CRITICALCivil cases

Applies to

Supporting brief

The moving party's counsel must promptly serve one copy of the supporting brief on each adverse party or counsel of record and on the District Court Administrator; service is governed by Pa.R.C.P. 440.

forthwith serve one (1) copy of the brief upon each adverse party or counsel of record. Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.

CRITICAL

Applies to

Warrant

When a warrant is issued, the magisterial district judge must forward it to the appropriate police agency for service.

If the magisterial district judge issues a warrant, the magisterial district judge shall cause the warrant to be forwarded to the appropriate police agency for service.

CRITICALCriminal cases

Applies to

Hearing notice

Service

Personal service

Written notice stating the hearing's time and place must be hand-delivered to the defendant, who must sign a receipt.

Written notice of the time and place of this hearing shall be hand-delivered to the defendant, with defendant to sign a receipt for same;

CRITICAL

Applies to

Continuance motion

The moving party certifies service of a copy of the continuance on the listed counsel or pro se party and Court Administration, specifying the service method.

III. Certificate of Service: I certify that as the moving party, I am serving a copy of this continuance this _____ day of _________, 20__ to the following: _____ Other Counsel via _______________ _____ Pro se Party via _______________ ________________________________ _____________________________________ ________________________________ _____________________________________ _____ Court Administration via ____________ Carbon County Courthouse Jim Thorpe PA 18229

CRITICALCivil cases

Service

Publication

The Carbon County Law Journal is designated as the legal publication for service of process by publication.

The Carbon County Law Journal shall be designated by the Carbon County Court of Common Pleas to be the legal publication for service of process by publication.

CRITICAL

If the case is settled three (3) days or more before the Arbitration hearing, Plaintiff’s attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration, a praecipe to strike the case from the arbitration list because the case is settled and must notify all other attorneys/self-represented parties and the panel members.

If the case is settled three (3) days or more before the Arbitration hearing, Plaintiff’s attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration, a praecipe to strike the case from the arbitration list because the case is settled and must notify all other attorneys/self-represented parties and the panel members.

CRITICALCivil cases

Applies to

Motion for settlement

Settlement motions involving a minor or incapacitated person must be filed and served under CARB R.C.P. 208.3(a).

Motions for Settlement of a case in which a minor or incapacitated person has an interest shall be filed and served pursuant to Carbon County Local Rule of Civil Procedure CARB R.C.P. 208.3(a).

CRITICALCivil cases

Service

Mail

The Auditor or Hearing Officer must mail notice of the report filing by First Class mail to counsel, unrepresented parties, and other interested parties of record, and attach proof of service to the report.

An Auditor or Hearing Officer appointed by the Court pursuant to 20 Pa. C.S. §751 shall give notice by First Class mail of the filing of any report to counsel, unrepresented parties or other interested parties of record. Proof of service shall be attached to the report.

CRITICALCriminal cases

Applies to

Indirect criminal complaint

At the preliminary arraignment, the defendant must be provided a true and correct copy of the completed complaint.

At the preliminary arraignment before the magisterial district judge, the defendant shall be provided a true and correct copy of the completed indirect criminal complaint.

CRITICALCivil cases

The Praecipe must be served on all other parties or their counsel.

A copy of this Praecipe has been duly served upon all other parties or their counsel.

CRITICAL

For a case discontinued at least three days before the hearing, the plaintiff or plaintiff’s attorney must provide the filed Praecipe to Discontinue to all other parties and the panel members.

If the case is discontinued three (3) or more days before the Arbitration hearing, Plaintiff's attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration a Praecipe to Discontinue and provide a copy of the filed Praecipe to Discontinue to all other attorneys/self-represented parties and the panel members.

CRITICALCivil cases

Service is governed by Pa.R.C.P.440 and must be made on the District Court Administrator.

Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.

CRITICAL

When a continuance motion is granted, the requesting attorney or self-represented party must notify all other parties and the arbitration panel.

The attorney/self-represented party must notify all other attorneys/self-represented parties and members of the panel of the granting of the continuance motion.

CRITICALCivil cases

The Prothonotary’s Office must give notice under Pa.R.C.P. 440 to all affected taxing authorities, including those that are not parties of record.

Notice pursuant to Pa.R.C.P.440 shall be given by the Prothonotary’s Office to all affected taxing authorities whether or not parties of record.

CRITICAL

Applies to

Entry of appearance

A self-represented party must provide a copy of the entry of appearance to all other self-represented parties and attorneys of record.

The self-represented party shall provide a copy of the entry of appearance to all self-represented parties and attorneys of record.

CRITICALCivil cases

After filing the writ or complaint to commence the action, the writ or complaint must be served before the Court will entertain the petition.

The Court will not entertain a petition under Pa.R.C.P. 2039, filed in the Carbon County Prothonotary’s Office, unless the minor’s guardian has commenced an action in this Court by filing either a Praecipe for Writ of Summons or a Complaint, with subsequent service of the writ or the complaint.

CRITICALCivil cases

Applies to

Petition

Notice and a copy of the petition must be served on all parties with a possible interest.

A certification of service of notice and a copy of the petition to all parties with a possible interest, together with a list of those persons notified.

CRITICALCivil cases

Each party of record must serve a copy of its pre-hearing statement on every other party of record.

all parties of record shall file pre-hearing statements and serve a copy on all other parties of record.

CRITICALCivil cases

Within 5 days from the preliminary decree, the appellant must serve the petition and decree on the listed recipients by personal service or certified mail and file proof of service with the Prothonotary.

Within 5 days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the said board, the governing body of the municipality, and the board of school directors of the school district in which the real estate is situate and upon the property owner, if he is not the appellant. Said service shall be made by either personal service or certified mail, with proof of service thereof to be filed at the Carbon County Prothonotary’s Office.

CRITICALCivil cases

Applies to

Praecipe for argument

A copy of the Praecipe must be served on all other parties or their counsel.

(5) A copy of this Praecipe has been duly served upon all other parties or their counsel.

CRITICAL

All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the district court administrator concurrently with filing.

All written motions and any written answers, and notices or documents for which filing is required, shall be served upon each party and the district court administrator concurrently with filing.

CRITICALCivil cases

Applies to

Brief in answer

The adverse party or counsel of record must promptly serve a copy of the brief in answer on all opposing parties or their counsel and on the District Court Administrator; service is governed by Pa.R.C.P. 440.

forthwith serve a copy thereof upon all opposing parties or their counsel of record. Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.

CRITICALCivil cases

The auditor must give the parties or their attorneys written notice of the hearing’s time and place two weeks in advance.

The auditor shall give two weeks notice in writing to the parties or their attorneys of record of the time and place fixed for hearing the matter.

CRITICALCivil cases

Applies to

Motion

Service of the summary-judgment motion is governed by Pa.R.C.P.440 and must be made on the District Court Administrator.

Pa.R.C.P.440 governs service. Service shall be required on the District Court Administrator.

CRITICALCivil cases

Every party must simultaneously serve its Pre-Trial Statement on opposing counsel when filing it.

Every party shall simultaneously file and serve upon opposing counsel a Pre-Trial Statement on or before the date established in the management review order or the order of court granting a motion to extend milestones.

CRITICAL

The moving party certifies service of a copy of the continuance on the District Attorney's Office, defense counsel, and Court Administration, identifying the service date and method.

I certify that as the moving party, I am serving a copy of this continuance this _____ day of _________, 20__ to the following: _____ District Attorney Office via ____________ _____ Defense Counsel via _______________ Carbon County Courthouse _________________________________________ Jim Thorpe, PA 18229 _________________________________________ _____ Court Administration via ____________ Carbon County Courthouse Jim Thorpe PA 18229

CRITICALCivil cases

A motion for allowance of distribution involving a minor or incapacitated person must be filed and served under CARB.R.C.P. 208.3(a).

Motions for Allowance of Distribution of funds in which a minor or incapacitated person has an interest shall be filed and served pursuant to Carbon County Local Rule of Civil Procedure CARB.R.C.P. 208.3(a).

CRITICALCivil cases

When the report is filed, the auditor must serve a copy on the parties in accordance with Pa.R.C.P. 440.

Upon filing of the report the auditor shall serve a copy of the same on the parties in accordance with Pa.R.C.P. 440.

CRITICAL

The applicable court office must give parties or their attorneys notice of proposed termination before the call, including publication when required.

Notice of the proposed termination as provided by Pa.R.J.A. 1901 (c), and as provided by Pa.R.C.P. 230.2 for actions governed by the Pennsylvania Rules of Court Procedure, shall be given by the Prothonotary, Register of Wills/Clerk of Orphans Court, and Clerk of Courts, as applicable, to all parties and/or attorneys prior to the call, including, where required, by publication in the Carbon County Law Journal.

CRITICAL

Applies to

Motion for continuance

The continuance motion or form must be served concurrently with filing in the Clerk of Courts Office, pursuant to Pa.R.Crim.P. 576.

Upon filing the motion/form in the Clerk of Courts Office, concurrent service of the Motion/Form for Continuance shall be pursuant to Pa.R.Crim.P. 576.

CRITICALCivil cases

A motion seeking review of a bond's form or surety must be accompanied by notice to the adverse party and/or attorney under CARB.R.C.P. 208.3(a).

together with notice to the adverse party and/or attorney in accordance with CARB.R.C.P.208.3(a).

CRITICAL

Applies to

Confidential information form

The form and any additional pages must be served on all unrepresented parties and counsel of record.

This form, and any additional pages, must be served on all unrepresented parties and counsel of record.

CRITICAL

Applies to

Transcript request

Submit the transcript request form to the District Court Administrator with copies to the Presiding Judge, court reporter, and opposing counsel or unrepresented party.

The request form shall be submitted to the District Court Administrator with copies to the Presiding Judge, the court reporter and opposing counsel/unrepresented party.

CRITICAL

Applies to

Transcript

After the final balance is received, copies of the transcript must be provided to the parties.

Upon receipt of the final balance due, the District Court Administrator will notify the court reporter to file the transcript in the appropriate filing office and provide copies to the parties.

CRITICAL

Service on parties may be made by the listed personal-delivery, mail, agreed courthouse-box, agreed or authorized electronic, or carrier-service methods, subject to the stated conditions.

Service on the parties shall be by: (a) personal delivery of a copy to a party’s attorney, or the party if unrepresented; or (b) personal delivery of a copy to the party’s attorney employee at the attorney’s office; or (c) mailing a copy to a party’s attorney or leaving a copy for the attorney at the attorney’s office; or (d) in those judicial districts that maintain in the courthouse assigned boxes for counsel to receive service, when counsel has agreed to receive service by this method, leaving a copy for the attorney in the attorney’s box; or (e) sending a copy to an unrepresented party by certified, registered, or first class mail addressed to the party’s residence, business, or confinement; or (f) sending a copy by facsimile transmission or other electronic means if the party’s attorney, or the party if unrepresented, has agreed to this type of service or the attorney has provided a facsimile signature on any pleading authorizing this method of service for the document; or (g) delivery to the party’s attorney, or the party if unrepresented, by carrier service.

CRITICALCivil cases

A settlement motion involving a minor or incapacitated person must be served in accordance with the Pennsylvania Rules of Civil Procedure.

Motions for Settlement of a case in which a minor or incapacitated person has an interest shall be filed to the same docket number as the Complaint or Writ of Summons and served in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICAL

The Stenographer must retain a copy of the Index and provide one to each party’s counsel or directly to an unrepresented party.

The court stenographer shall retain a copy of the Index of Exhibits and provide a copy to counsel for each party, or to a party directly if unrepresented.

CRITICALCriminal cases

Deadline

24 hours

The police officer must deliver or mail all original documents to the jurisdictional Magisterial District Judge’s office within 24 hours.

13. All original documents are to be delivered or mailed within twenty-four (24) hours by the police officer to the Magisterial District Judge’s office who has jurisdiction over the matter.

CRITICALCriminal cases

If the defendant is incarcerated, copies of the listed commitment and bail-related documents must be given to the Carbon County Correctional Facility.

14. In the event of incarceration, a copy of the commitment, bail information, surety information, police criminal complaint and probable cause affidavit shall be given to the Carbon County Correctional Facility.

CRITICALCriminal cases

The surety information form must be faxed back to the arraignment MDJ.

This form must be faxed back to the arraignment MDJ.

CRITICAL

The District Court Administrator or an Assistant Court Administrator must disseminate reports to the Court and the specified counsel, parties, guardian ad litem, and court-appointed special advocate.

The District Court Administrator and/or Assistant Court Administrators SHALL BE RESPONSIBLE for the dissemination of reports to the Court, counsel for the child or other parties, to the guardian ad litem , to the parties, if unrepresented, and to the court-appointed special advocate, if appointed pursuant to 42 Pa.C.S.A. § 6342.

CRITICAL

The proponent must serve the presiding judge with a copy and, if appropriate, a proposed order to seal the document or keep its information confidential.

shall serve a copy on the presiding judge with a proposed order to have the document sealed or information therein kept confidential, if appropriate

CRITICALCriminal cases

The Adult Probation/Parole Department must notify the District Attorney’s Office at least 10 days before the minimum release date, excluding time served and offenders qualifying for automatic parole.

The Adult Probation/Parole Department shall notify the District Attorney’s Office not less than 10 day prior to the offender’s minimum release date (excluding time served or offenders who qualify for automatic parole).

CRITICALCriminal cases

The police officer is responsible for faxing all pertinent paperwork back to the MDJ.

16. The police officer will be responsible to fax all pertinent paperwork back to the MDJ.

CRITICALCriminal cases

A copy of all paperwork must be given to the Magisterial District Court for distribution.

12. A copy of all paperwork shall be given to the Magisterial District Court for distribution.

CRITICALCriminal cases

Applies to

Written stipulation

The original stipulation must be served pursuant to Pa.R.Crim.P. 576.

The original stipulation shall be filed in the Clerk of Courts Office and service made pursuant to Pa.R.Crim.P.576.

CRITICALCriminal cases

The defendant must receive a copy of all paperwork.

11. The defendant shall receive a copy of all paperwork.

CRITICALCriminal cases

The arresting police department must receive copies of the listed arrest, arraignment, hearing, commitment, and bail documents.

15. The arresting police department shall receive a copy of the arrest warrant, criminal complaint, probable cause affidavit, notice of preliminary arraignment, notice of preliminary hearing, commitment, release of prisoner, bail conditions, bail bond, and surety information page.

CRITICALCriminal cases

Parties who decline or are unable to use or access PACFile must be served legal papers in hard-copy form by the Clerk of Courts and other parties, as required by the cited rule.

At this time, electronic filing through the PACFile System is voluntary. Any party who declines to participate in the PACFile electronic filing system, or who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format (‘hard-copy’) and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.