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

CRITICAL

The responding party must serve its brief in the manner prescribed for the excepting party’s brief, at least 14 days before oral argument.

(ii) No less than fourteen (14) days before the date set for oral argument, the responding party shall file a Brief and Certification of Service in the manner prescribed above.

CRITICALCivil cases

The appellant must provide a copy of the appraisal to the Board and other parties within 60 days after filing the appeal.

The appellant shall provide the Board and the other parties to the appeal with a copy of his, her, its or their appraisal within sixty (60) days of filing the appeal.

CRITICAL

The Clerk must immediately notify each party’s attorney of record, or an unrepresented party, of an order, decree, or adjudication, provide a copy unless a bond is required and not yet posted, and record the delivery method in the docket.

In any Orphans’ Court proceeding, the Clerk shall immediately give written notice by ordinary mail, personal delivery, facsimile, or other electronic means of the entry of any order, decree, or adjudication to each party’s attorney of record, or if unrepresented, to each party. Notice shall include a copy of the order, decree, or adjudication unless a bond is required, then no copy is provided until bond is posted. The Clerk shall note in the docket the mailing or type of delivery of the required notice and documents.

CRITICAL

The party filing the motion must obtain the preliminary-hearing transcript or relevant portion and make it available to the Court and opposing party as soon as practicable.

It shall be the duty of the party filing such motion to obtain a transcript of the record of the preliminary hearing, or relevant portion thereof, regardless of the manner in which the record was made, and make such transcript available to the Court, and the opposing party, as soon as practicable.

CRITICALCivil cases

The other parties must provide the appellant with a counter-appraisal within 90 days after receiving the appellant’s appraisal.

The other parties shall then have ninety (90) days from the receipt of the appellant’s appraisal to provide the appellant with a counter-appraisal.

CRITICAL

Applies to

Citation or notice

A certificate of service must identify each document served, the service date, and the method of service.

(1) A certificate of service shall be filed setting forth each document served, the date of service, and the manner of service (personal, registered or certified mail, or publication).

CRITICAL

A copy of the pre-trial statement must be served on the Hearing Officer and opposing counsel or any unrepresented party, and proof of service must be filed with the Prothonotary.

A copy of the pre-trial statement shall be served upon the Hearing Officer and opposing counsel or any unrepresented party. Proof of service shall be filed with the Prothonotary.

CRITICAL

An affidavit of service must be filed consistent with C.C.R.C.P. 206.3 and include screenshots of all postings.

An affidavit of service shall be filed consistent with C.C.R.C.P. 206.3. Said affidavit shall include screen shots of all postings.

CRITICAL

Copies of the interim report must immediately be served on the plaintiff’s attorney and any appointed Hearing Officer.

If the attorney cannot ascertain the whereabouts of the defendant or whether or not the defendant is in the military service, the attorney shall, within ninety (90) days from the date of appointment, file with the Prothonotary an interim report stating what information has been ascertained and what steps were taken to ascertain such information, copies of which report shall immediately be served upon the attorney for the plaintiff and the Hearing Officer, if appointed.

CRITICALCivil cases

If the Local Agency is not an appellant or appellee, the appellant must notify it in writing within seven days of filing the appeal and attach the filed Notice of Appeal.

(ii) In all appeals, within seven (7) days of the filing of an appeal, if the Local Agency is not a party appellant or appellee, the appellant shall notify the Local Agency, in writing, of the date of filing such appeal and shall attach to such notice a copy of the Notice of Appeal, as filed.

CRITICAL

The Commonwealth's attorney and the defendant must provide any sentencing memorandum to opposing counsel at least five days before the sentencing hearing.

The attorney for the Commonwealth and defendant shall submit any sentencing memorandum to the court and opposing counsel at least five (5) days in advance of the sentencing hearing.

CRITICALCivil cases

Relevant discovery into a claimed tax exemption may use written interrogatories, depositions, and document production, and must be requested and completed within 120 days after the requesting party receives notice of the initial Board application.

In any appeal to the Board or to court involving a claimed exemption from real estate taxation, the property owner claiming tax exemption shall be subject to such relevant discovery by written interrogatories, deposition and production of documentary evidence as reasonably bears on the property owner’s claim of tax exemption. Discovery shall be requested and completed within one hundred twenty (120) days from the requesting party’s receipt of notice of the initial application to the Board.

CRITICALCivil cases

Proof of service must be made by affidavit, accompanied by a copy of the notice and return receipt, and filed with the Prothonotary.

Proof of service shall be by affidavit accompanied with a copy of the notice and the return receipt filed with the Prothonotary.

CRITICAL

A copy of each objection must be served on the Family Court Administrator.

A copy shall be served upon the Family Court Administrator who shall schedule the case for argument before the Court and promptly notify all counsel and unrepresented parties in the case.

CRITICAL

After arraignment, the District Justice's office must deliver the original papers to the Clerk of Court.

Following arraignment, the office of the District Justice shall deliver the original of all papers to the Clerk of Court of Chester County.

CRITICAL

Notice that a schedule of distribution has been filed must be given in accordance with the Pennsylvania Orphans’ Court Rules.

Notice of filing the schedule of distribution is to be given in accordance with the Pennsylvania Orphans’ Court Rules.

CRITICALCivil cases

Applies to

Cover sheet

The cover sheet must be served on all other parties with the document commencing the action.

which shall be served with the complaint, praecipe or other document commencing an action upon all other parties.

CRITICAL

When submitting the signed order, the mediator must provide copies to counsel of record.

If the parties sign the Temporary Custody Order at mediation, the mediator shall submit the signed Temporary Custody Order to the Family Court, with copies to counsel of record, at least five (5) days prior to the scheduled custody conciliation conference in order for the conference to be cancelled.

CRITICAL

Applies to

Notice

Service

Publication

When an Act of Assembly requires notice to be published in a legal periodical, the notice must be published in the Chester County Law Reporter.

The Chester County Law Reporter shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, the Pennsylvania

CRITICALCivil cases

Service

Mail

In specified zoning and land-use appeals, an appellant other than the landowner must mail the Notice of Appeal to the landowner or attorney within seven days, subject to the stated good-faith-mistake exception by leave of court.

(i) In the case of Zoning and Land Use Appeals, if the appellant is a person other than the landowner of the land directly in- volved in the decision or action appealed from, the appellant, within seven (7) days after the appeal is filed, shall serve a true copy of the Notice of Appeal by mailing the said Notice to the landowner or his attorney at his last known address. For identification of such landowner, the appellant may rely upon the record of the Local Agency and, in the event of good faith mistakes as to such identity, may make such service nunc pro tunc by leave of Court.

CRITICAL

The objecting party shall file a Demand for Trial and serve Family Court Administration no later than the date set for the

The objecting party shall file a Demand for Trial and serve Family Court Administration no later than the date set for the

CRITICALCivil cases

The appellant must serve the appeal within 10 days after filing it on the Board, affected taxing authorities, and, when applicable, the property owner at the registered tax-record address.

2. Within ten (10) days after filing the appeal, the appellant shall serve a copy of the appeal on the Board, on all affected taxing authorities at their business addresses and, if the property owner is not the appellant, on the property owner at his, her, its or their registered address or addresses as shown on the tax records of Chester County.

CRITICAL

Applies to

Duplicate divorce complaint

A copy of the duplicate complaint bearing its separate court number must be served on the defendant.

A copy of the duplicate, with the separate court number, shall be served on the defendant.

CRITICALCivil cases

Each party must provide all other parties with the names of its trial witnesses, except rebuttal witnesses later determined, within 150 days after filing the appeal.

The names of all witnesses to be called at trial by any party, other than rebuttal witnesses later determined, shall be provided to all other parties within one hundred fifty (150) days of the date of filing of the appeal.

CRITICALCivil cases

Deadline

48 hours

The sheriff must give all parties at least 48 hours’ notice of the appraisement, and parties and their attorneys may attend.

The sheriff shall give all parties at least forty-eight (48) hours’ notice of the time and place when he will make an appraisement of the property which the defendant claims the right to retain as the exemption allowed him by law. The parties and their attorneys shall have the right to be present when the appraisement is made.

CRITICALCivil cases

The landlord must give the tenant or counsel two days’ notice before seeking termination of the supersedeas.

(b) Upon motion and order and certification of two days notice to tenant or his counsel by the landlord, accompanied by a copy of the escrow account from the prothonotary’s office, the court may terminate the supersedeas if a monthly rental payment was not deposited in escrow within five (5) days after the date the rental payment became due.

CRITICAL

Notice of a guardian account filing must follow the Pennsylvania Orphans’ Court Rules and applicable local rules and must always be given to individuals entitled to notice under the Code.

Notice of the filing of the account shall be given as required by the Pennsylvania Orphans’ Court Rules and any applicable local rule described herein. In all cases, notice shall be given to individuals entitled to notice under the Code.

CRITICAL

Before filing a continuance motion, the moving party must serve the opposing party or counsel with a copy and attempt to resolve the issue; the form calls for the service date and method.

I certify that I served the opposing party/counsel, _________________________________ (name), on ________________ (date) by ______________ (mail/fax/email) with a copy of this motion and attempted to resolve the issue with opposing party/counsel before filing this motion.

CRITICAL

Service

Mail to opposing party

A copy of the complaint and hearing notice in the prescribed form must be given or mailed by regular and certified mail to the plaintiff at the complaint address.

A copy of the complaint and notice of hearing in the form prescribed by C.C.R.C.P 1905.A.(e) shall be given or mailed by regular and certified mail to the plaintiff at the address shown on the complaint,

CRITICALCivil cases

The required cover sheet must be served on all other parties immediately after filing, and enough copies must be submitted for service.

THIS COVER SHEET IS REQUIRED BY C.C.R.C.P. 205.2(b) AND MUST BE SERVED UPON ALL OTHER PARTIES TO THE ACTION IMMEDIATELY AFTER FILING. SUBMIT ENOUGH COPIES FOR SERVICE

CRITICAL

Applies to

Affidavit and counter affidavit

Service of the specified affidavits under §§ 3301(c)(2) and 3301(d) must be consistent with service of original process.

Note: Pa.R.Civ.P. 1920.42 and 1930.4, require service of the Affidavit and Counter-Affidavit under § 3301(c)(2) and § 3301(d) shall be consistent with original process.

CRITICAL

Service

Mail

A copy of the complaint and hearing notice must be sent by regular mail to the arresting officer and the Chester County District Attorney.

and by regular mail to the arresting officer and the District Attorney of Chester County.

CRITICALCivil cases

A re-taxation before the prothonotary requires 10 days’ notice to both parties.

A re-taxation shall then be had before the prothonotary upon ten (10) days notice thereof to both parties.

CRITICAL

The excepting party must serve the brief on all counsel, unrepresented parties, and the assigned judge at least 30 days before oral argument.

(i) No less than thirty (30) days before the date set for oral argument, the excepting party or parties shall file a brief with the Domestic Relations Office, shall serve copies of the Brief upon all counsel, unrepresented parties and the Judge assigned to hear the exceptions, and shall file a Certification that service has been made.

CRITICAL

Service

Email

A Parenting Coordinator must serve counsel, the parties, and the specified Family Court recipient with the Summary and Recommendations and a Praecipe for Determination within 2 days after the last communication; service may be by email to the stated address.

Parenting Coordinator shall serve counsel, the parties and the Family Court Legal Liasion or Court Administrator with their Summary and Recommendation(s), accompanied by a Praecipe for Determination, within two (2) days after the last communication with the parties on the issues in accordance with Pa.R.Civ.P. 1915.11-1(f)(2). This service may be accomplished by email to the parties and Family Court at the designated email address (fcconfereces@chesco.org).

CRITICAL

Applies to

Expungement petition and final order

Copies of an expungement petition and final expungement order must be served on each listed recipient.

(1) Copies of the petition requesting expungement and any final order granting expungement shall be served upon the original Petitioner in the Protection from Abuse proceeding, the Chester County Family Court Administrator, the Sheriff of Chester County and any deputized Sheriff's department, the District Attorney of Chester County, and any state and/or local police department initially served.

CRITICAL

Applies to

Pretrial statement

A time-stamped copy of the filed pretrial statement must be served on Family Court and opposing counsel or the self-represented litigant.

A time-stamped copy of the filed pretrial statement shall be served on Family Court and opposing counsel/pro se litigant.

CRITICAL

If the Commonwealth's attorney or warden opposes a parole application and the Court does not deny it, the Court must schedule a hearing and give notice to the defendant and the identified attorneys.

If the attorney for the Commonwealth or the warden opposes the application, and the Court does not deny the application, the Court shall schedule a hearing, with notice to the defendant, to the attorney for the Commonwealth, and to defendant’s attorney of record, if any.

CRITICAL

Counsel for the parties must serve the Parenting Coordinator.

Counsel for the parties shall serve the Parenting Coordinator.

CRITICALCivil cases

No later than five (5) days in advance of a scheduled conference, each party shall file with the prothonotary and immediately serve upon the assigned judge and all other parties a conference memorandum.

No later than five (5) days in advance of a scheduled conference, each party shall file with the prothonotary and immediately serve upon the assigned judge and all other parties a conference memorandum.

CRITICAL

The registering party must serve notice of registration on the responding party within five days and file a certificate of service.

(iii) The registering party shall within five (5) days serve the responding party with notice of registration and file a certificate of service, thereto.

CRITICAL

A time-stamped copy of the completed Certification of Trial Readiness must be served on the assigned Hearing Officer, and proof of service must be filed with the Domestic Relations Office.

A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Hearing Officer and proof thereof, shall be filed with Domestic Relations Office.

CRITICAL

Applies to

Motion

Copies of the motion must be delivered to the trial judge, court reporter, and District Attorney immediately after filing.

Copies of the motion shall be delivered to the trial judge, the court reporter, and the District Attorney immediately after filing thereof.

CRITICAL

At the end of arraignment, the defendant or present counsel of record must be given written hearing notice in the prescribed form.

At the conclusion of the arraignment, the defendant or counsel of record for the defendant, if present, shall be given a written notice of the hearing in the form prescribed by C.C.R.C.P 1905.A.(d).

CRITICALCivil cases

Copies of post-trial motions must be served upon the trial judge.

(c) Copies of post-trial motions must be served upon the trial judge.

CRITICAL

Applies to

Trial readiness certificate and pretrial statement

The certificate of trial readiness and pre-trial statement must be served on Family Court Administration.

The certificate of trial readiness and pre-trial statement shall be served upon Family Court Administration.

CRITICALCivil cases

Applies to

Rules proposed orders petitions motions preliminary objections answers

Immediately after filing, each party must serve complete copies of the listed papers on all other counsel and unrepresented parties.

Immediately after filing with the prothonotary, each party, shall serve upon all other counsel and unrepresented parties complete copies of all rules, proposed orders, petitions motions, preliminary objections, and answers to same.

CRITICAL

The Court Administrator must send notice of the principal call.

The Court Administrator shall send notice.

CRITICAL

Applies to

Citation or notice

Service

Personal service

For personal service, the certificate must state the time and place of service and that a true and correct copy of the written notice was handed to the person served.

(i) If service is made by personal service, the certificate of service shall also set forth the time of service, place of service, and that a true and correct copy of the written notice was handed to the person served.

CRITICAL

Applies to

Order

After an evidentiary hearing, the objecting party must serve the resulting Order of Court on the parties and Parenting Coordinator.

Following an evidentiary hearing, the objecting party shall serve the resulting Order of Court on the Objection(s) to the Recommendation of the Parenting Coordinator on the parties and the Parenting Coordinator.

CRITICAL

A copy of the objections must be served on the Family Court Administrator, who will schedule argument and promptly notify counsel and unrepresented parties.

A copy shall be served upon the Family Court Administrator who shall schedule the case for argument and promptly notify all counsel and unrepresented parties in the case.

CRITICAL

When an allocation is intended between the Wrongful Death and Survival Actions, notice must be provided to the Department of Revenue in Harrisburg for review, comment, and approval.

Where an allocation is intended between the Wrongful Death and Survival Actions, notice must be provided to the Department of Revenue, Harrisburg, for review, comment and approval.

CRITICALCivil cases

Within five days after filing any document, each party must file a separate service certification in the form specified by Rule 206.3(d).

Each party shall, within five (5) days of the filing of any document, file with the prothonotary a separate document in the form specified by C.C.R.C.P. 206.3(d) certifying that service of a complete copy has been made.

CRITICAL

Applies to

Praecipe to withdraw ancillary claim

All praecipes to withdraw ancillary claims shall include a certification that opposing counsel, any unrepresented party, and the Hearing Officer, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing.

All praecipes to withdraw ancillary claims shall include a certification that opposing counsel, any unrepresented party, and the Hearing Officer, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing.

CRITICAL

Parties who decline or cannot use PACFile must be served legal papers in physical paper format by the Clerk of Courts and other parties.

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.

CRITICAL

Counsel and any unrepresented party must receive written notice of the hearing at least 10 days beforehand.

(1) Counsel or any unrepresented party shall be provided with written notice of the hearing at least ten (10) days prior thereto.

CRITICALCivil cases

Applies to

Affidavit and counter affidavit

Service of the specified affidavits under § 3301(c)(2) and § 3301(d) must be consistent with service of original process.

Note: Pa.R.Civ.P. 1920.42 and 1930.4, require service of the Affidavit and Counter-Affidavit under § 3301(c)(2) and § 3301(d) shall be consistent with original process.

CRITICAL

A copy of the certificate must be served on the appointed Hearing Officer upon filing.

Upon the filing of the certificate, a copy shall be served upon the appointed Hearing Officer.

CRITICAL

Service

Mail to opposing party

A copy of the verified statement must be served on the appellee by certified mail within five days.

a copy of which shall be served upon the appellee by certified mail within five (5) days;

CRITICALCivil cases

Each party must immediately serve its administrative conference memorandum on all other parties.

No later than five (5) days in advance of the administrative conference, each party shall file with the assigned judge and immediately serve upon all other parties an administrative conference memorandum

CRITICAL

The District Justice's office must deliver copies of all papers to Family Court, the District Attorney, and the Public Defender.

The office of the District Justice shall deliver copies of all papers to the Family Court, the District Attorney of Chester County, and the Public Defender of Chester County.

CRITICAL

A time-stamped copy of the completed Certification of Trial Readiness must be served on the assigned Hearing Officer, and proof of service must be filed with the Prothonotary.

A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Hearing Officer and proof thereof, shall be filed with the Prothonotary.

CRITICALCivil cases

The moving party must provide the adverse party with a copy of the bill of costs within 10 days after filing.

The moving party shall “provide the adverse party with a copy of the bill within ten (10) days after filing.

CRITICALCivil cases

Each party must immediately serve a copy of the pre-arbitration memorandum on every other party.

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

CRITICAL

Applies to

Order

The Prothonotary must serve the Order on counsel of record and/or self-represented litigants.

The Prothonotary shall serve the Order on counsel of record and/or self-represented litigants.

CRITICAL

Applies to

Citation or notice

Service

Mail

A person giving notice by registered or certified mail must state on the certificate if they know or have cause to believe the notice was not received.

When the person who gives notice by registered or certified mail has personal knowledge, or has cause to believe, that such notice was not received by the person to be notified, the person giving notice shall so state on the certificate of service.

CRITICAL

Copies of the petition and its appendices must be served on the District Attorney, bail agency, and County Solicitor.

Copies of said petition and appendices shall be served on the District Attorney, the bail agency, and the County Solicitor.

CRITICAL

A time-stamped copy of any filed exceptions must be served on the assigned Hearing Officer.

A time-stamped copy of any exceptions filed shall be served upon the assigned Hearing Officer.

CRITICAL

Notice must be provided to the opposing party in accordance with C.C.R.C.P. 1917.A.(e)(iii).

(d) Notice shall be provided to the opposing party consistent with C.C.R.C.P. 1917.A.(e)(iii) above.

CRITICAL

Applies to

Request for de novo hearing

A copy of the de novo hearing request must be served on Family Court Administration.

A copy of the request shall be served upon Family Court Administration who shall promptly schedule the matter for hearing before the Court.

CRITICAL

Auditors and hearing officers must give interested parties or their attorneys at least 20 days’ notice of a hearing in the manner prescribed by the Pennsylvania Orphans’ Court Rules.

Auditors and hearing officers shall give at least twenty (20) days’ notice of hearings held by them to all interested parties or to their attorneys of record in the manner provided in the Pennsylvania Orphans’ Court Rules.

CRITICALCivil cases

Immediately after filing the Praecipe, each party must serve all other counsel and unrepresented parties with copies of the Praecipe and accompanying documents.

Immediately after filing same with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties a copy of the Praecipe for Determination as well as any other documents filed therewith.

CRITICALCivil cases

For commercial-property cases, the taxpayer must provide the applicable specified discovery materials to all other parties within 30 days after filing the appeal.

3. In cases involving commercial properties, the taxpayer shall provide, where applicable, the following to all other parties within thirty (30) days of filing the appeal: (A) Income and expense statements for three (3) years prior to the appeal year; (B) A current rent roll, including a list of tenants, rental amounts, lease periods and a sample lease with any special terms or renewal options; (C) The right to inspect the property at a reasonable time with notice.

CRITICAL

Notice for the listed proceeding must be provided at least 20 days before the hearing.

Notice shall be provided at least twenty (20) days prior to the date of the hearing for the listed proceeding.

CRITICAL

Applies to

Petition to register foreign decree

Petitions to register, adopt, and enforce foreign decrees must be served in the same manner as original process for divorce.

(3) The petitions shall be served in the same manner as in original process for divorce.

CRITICALCivil cases

A motion to dismiss for failure to file the appellant’s brief must be served on the appellant under the applicable rules, and the appellant may answer it.

Such motion shall be served in accordance with these rules upon the appellant, who may file and Answer thereto, and the motion shall be thereafter determined by the Court as it deems just and proper.

CRITICALCivil cases

A copy of the request for an administrative conference must be served on the other parties’ counsel, any unrepresented parties, the Court Administrator, and the assigned judge.

The request for administrative conference shall be filed of record and a copy thereof served upon counsel of record for each other party to the action, each unrepresented party, if any, the Court Administrator, and the assigned judge.

CRITICAL

Upon motion of the District Attorney or the County Solicitor, and following a hearing held not less than ten (10) days after the issuance of a rule returnable, served on the bail bondsman pursuant to 42 Pa.C.S.A. § 5746(a), the Court of Common Pleas may order the Clerk of Courts to remove the name of a bail bondsman from the approved list.

Upon motion of the District Attorney or the County Solicitor, and following a hearing held not less than ten (10) days after the issuance of a rule returnable, served on the bail bondsman pursuant to 42 Pa.C.S.A. § 5746(a), the Court of Common Pleas may order the Clerk of Courts to remove the name of a bail bondsman from the approved list.

CRITICALCivil cases

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

Notice of the entry of this order shall be provided to all parties by the petitioner.

CRITICALCivil cases

Service

Mail to agency

The Prothonotary or Clerk must promptly mail the Notice of Appeal and Writ of Certiorari to the Local Agency, which must certify its record within 20 days after receipt.

Upon the filing of any appeal requiring the Local Agency to certify and return to the Court the record made before it in the matter under appeal, the Prothonotary or Clerk shall forthwith, as of course, send to the Local Agency whose decision or action has been appealed, by registered or certified mail, a copy of the Notice of Appeal, together with a Writ of Certiorari commanding the said Local Agency, within twenty (20) days after receipt thereof, to certify to the Court its entire record in the matter in which the appeal has been taken, or a true and complete copy thereof, including any transcript of testimony available to the Local Agency at the time it receives the Writ of Certiorari.

CRITICAL

Applies to

Petition for bifurcation

A copy of the Petition for Bifurcation must be served on the appointed Hearing Officer.

(c) A copy of the Petition for Bifurcation shall be served upon the appointed Hearing Officer.

CRITICAL

Applies to

Objections and hearing notice

After presentation, the documents must be filed with the Prothonary, and a time-stamped copy of the objections and hearing notice must be served on the opposing party and Parenting Coordinator.

The documents shall then be filed with the Prothonary and the party objecting shall serve a time-stamped copy of the Objection(s) and the hearing notice on the opposing party and the Parenting Coordinator.

CRITICALCivil cases

Within five days after the record is filed, the Local Agency’s attorney or official must notify the appellant and any intervenor of the filing date and serve a true copy of the Return of Record.

Within five (5) days of the filing of the record with the Prothonotary, the attorney for the Local Agency or an official thereof shall give written notice to the appellant and intervenor, if any, or their attorneys of record of the date of such filing, and shall serve therewith a true copy of the Return of Record.

CRITICALCivil cases

Service

Publication

Unless an act of assembly or special court order provides otherwise, public-auction sale notice must be published weekly for three successive weeks immediately before the sale in the specified publications.

Except as otherwise provided by act of assembly or special order of court, notice of the time and place of the sale of a property at public auction by a master in partition shall be given by publication once a week for three successive weeks immediately preceding such sale in the Chester County Law Reporter, and in one daily newspaper of general circulation within the county.

CRITICAL

The Commonwealth's attorney must serve the notice on the defendant and the filing attorney or last attorney of record.

The attorney for the Commonwealth shall serve a copy of such notice upon the defendant and upon the filing attorney or the last attorney of record.

CRITICALCivil cases

Immediately after filing a Praecipe for Determination, the party must serve it and any documents filed with it on all other counsel and unrepresented parties.

Immediately after filing same with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties a copy of the Praecipe for Determination as well as any other documents filed therewith.

CRITICAL

Immediately after filing documents with the Prothonotary, each party must serve complete copies on all other counsel and unrepresented parties.

Immediately after filing documents with the Prothonotary, each party shall serve upon all other counsel and unrepresented parties complete copies of such documents.

CRITICAL

Applies to

Citation or notice

Service

Mail

For service by registered or certified mail, the certificate must state the mailing date and place and include the return receipt or a photostatic copy.

(ii) If service is made by registered or certified mail, the certificate of service shall state the date and place of mailing and include as an attachment the return receipt or a photostatic copy thereof.

CRITICAL

Applies to

Exceptions

A time-stamped copy of any filed exceptions must be served on the assigned Hearing Officer.

(3) A time-stamped copy of any exceptions filed shall be served upon the assigned Hearing Officer.

CRITICAL

Service

Publication

Before the court authorizes service by publication to terminate parental rights, petitioners must demonstrate diligent efforts to identify or serve the person, and a single unsuccessful sheriff’s attempt at the presumed address is insufficient.

Given the concerns of the court prior to terminating parental rights, petitioner(s) must demonstrate diligent efforts in identifying and/or serving the person whose parental rights are sought to be terminated prior to the court authorizing service by publication (e.g., mere failure of a sheriff to serve an individual at the presumed address is insufficient).

CRITICAL

Notice must be given to defendants and insurance companies.

Notice must be given to defendants and insurance companies.

CRITICAL

Applies to

Notice

Service

Publication

When publication of a notice in a legal periodical is required, the notice must be published in the Chester County Law Reporter.

The Chester County Law Reporter shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, the Pennsylvania Rules of Civil Procedure, the Chester County Orphans’ Court Rules, order of Court, or otherwise.

CRITICAL

A copy of any amendment to the proposed points for charge or verdict slip must be provided to opposing counsel at the same time.

A copy of any amendment to the proposed points for charge and verdict slip must be concurrently provided to opposing counsel.

CRITICAL

Applies to

Legal paper other than citation or notice

A certificate of service must identify each document served, the service date, and the method of service.

(1) A certificate of service shall be filed setting forth each document served, the date of service, and the manner of service (personal, registered or certified mail, or publication).

CRITICAL

Applies to

Proposed order

The requesting party must promptly serve the proposed order on all other parties, giving opposing parties at least 10 days' notice before the conference of the order's entry.

The proposed order shall be served by the requesting party on all other parties promptly and in sufficient time so that the opposing parties are given at least ten (10) days notice, prior to the conciliation conference, of the entry of the order.

CRITICAL

An auditor or hearing officer must notify all parties of record that the report was filed by sending them a copy.

An auditor or hearing officer shall give notice of the filing of the report by sending a copy of the report to all parties of record.

CRITICALCivil cases

Service

Mail to opposing party

A copy of the verified statement must be served on the appellee by certified mail within five days.

(1) at the time of filing the appeal, files with the prothonotary a verified statement of his intentions of depositing monthly rental payments required by the lease which will become due during the pendency of the court of common pleas proceedings listing the amount of rental payments to become due per month and the dates when said payments are due, a copy of which shall be served upon the appellee by certified mail within five (5) days;

CRITICAL

Copies of the interim report must immediately be served on the plaintiff’s attorney and any appointed Hearing Officer.

If the defendant is in the military services and wishes to appear and be heard, or if in the opinion of the attorney the defendant is prejudiced by said military service, the attorney shall state this in an interim report filed with the Prothonotary, copies of which shall immediately be served upon the attorney for the plaintiff and the Hearing Officer, if appointed.

CRITICALCivil cases

In real-estate-tax exemption appeals, discovery is governed by Pa.R.C.P. 4001 et seq., and discovery requests must be served within 120 days after filing the appeal.

In any appeal involving a claim of exemption from real estate taxation, discovery shall be permitted as set forth in the Pennsyl- vania Rules of Civil Procedure and shall be governed by Pa.R.C.P. No. 4001 et seq. Discovery requests shall be served within one hundred twenty (120) days of the date of the filing of the appeal.

WARNING

In civil cases, counsel should exchange expert lists and the substance of the experts’ testimony before trial or risk having the experts barred from testifying.

In civil cases, counsel should exchange their lists of experts and the substance of their testimony prior to the beginning of trial or risk having such expert(s) barred from giving testimony.

WARNING

Admitted exhibits should be delivered to the court clerk.

Exhibits admitted into evidence should be delivered to the court clerk.

WARNING

Applies to

Proposed voir dire questions

Counsel should exchange proposed voir dire questions before voir dire begins.

Counsel should exchange proposed voir dire questions prior to the commencement of voir dire.

WARNING

After a Final Protection from Abuse Order expires and the Plaintiff has been notified, the Defendant may apply to the Sheriff for a weapons return form.

(2) In those cases wherein a Final Protection from Abuse Order has been entered, upon expiration of the Order, and after notice to the Plaintiff, the Defendant may apply to the Sheriff of Chester County for a weapons return form.

WARNINGCivil cases

The appropriate praecipe should be addressed to, and served upon the court administrator.

The appropriate praecipe should be addressed to, and served upon the court administrator.

WARNING

Advance notice of such submission should be given to the opposing counsel.

Advance notice of such submission should be given to the opposing counsel.

WARNINGCivil cases

For a covered proceeding against an out-of-county corporation acting as surety or fiduciary, process may be served on the clerk of the orphans’ court division of Chester County, and that service is equivalent to actual service on the corporation.

Any corporation whose home office is outside of the County of Chester shall also file a stipulation agreeing that service of process, in any proceeding arising out of its acting as surety or fiduciary pursuant to approval under this or preceding rule, may be made upon it by serving. Such process upon the clerk of the orphans’ court division of Chester County, and that such service shall be the equivalent of actual service upon such corporation.

WARNINGCivil cases

No additional discovery is permitted in a court appeal from the Board’s decision unless the discovery requests were not complied with before the Board hearing or the court grants leave.

Except in cases where such discovery requests has not been complied with prior to the Board’s hearing, no additional discovery shall be permitted on appeal to court from the Board’s decision, except by leave of court.

WARNING

Applies to

Citation or notice

Service

Mail

For an address outside the United States, a statement that notice was mailed by registered or certified mail to the designated address is sufficient unless the court orders otherwise.

When the address of the person given notice by registered or certified mail is in a country other than the United States of America, a statement that the notice was so mailed to that person at the designated address shall be sufficient unless otherwise ordered.

WARNINGCivil cases

A party may object for good cause to arbitration by notifying the court administrator in writing and giving notice to all other parties.

Any party may for good cause object to the matter being submitted to arbitration by notifying the court administrator in writing with notice to all other parties.

WARNING

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of PACFile documents in districts that permit electronic filing.

Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.

WARNING

Counsel should provide exhibit copies to other counsel unless doing so is impractical.

Except where impractical, copies of the exhibits should be provided to all other counsel.

INFO

The Clerk of Courts, Court Administrator, or Court may serve orders and court notices.

The Clerk of Courts, the Court Administrator, or the Court, may serve orders and court notices.

INFO

Service

Court service

The Clerk may deliver documents to the District Attorney or Public Defender by placing conformed, time-stamped copies in the designated Clerk of Courts boxes.

Delivery of documents by the Clerk to the District Attorney or Public Defender may be achieved by the Clerk of Courts placing conformed and time-stamped copies thereof in the boxes provided in the Clerk of Courts for that purpose.

INFO

Service

Publication

A party seeking a special order of service in a Domestic Relations Matter may seek service by publication.

A party seeking a special order of service in any Domestic Relations Matter may seek service by publication.

INFO

Notice of a succeeding hearing given at a properly noticed hearing is sufficient notice of the succeeding hearing.

Notice of succeeding hearings given by the auditor or hearing officer at a hearing of which proper notice has been given shall constitute sufficient notice of such succeeding hearings.