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

CRITICALCivil cases

For property-damage repair bills and estimates to be offered without further proof, written notice must be given to the adverse party or counsel at least 30 days before arbitration, and no indication of a dispute may have been received.

(c) In actions before the Board of Arbitration involving damage to property, repair bills and estimates, when identified and itemized setting forth the charges for labor and materials, may be offered and received in evidence without further proof, for the purpose of proving the value and reasonableness of the charge, on condition that Thirty (30) days written notice prior to the day set for arbitration has been given to the adverse party or parties or their counsel and no indication has been

CRITICALCivil cases

Applies to

Brief

A copy of each brief must be served on every other party.

a copy thereof served upon every other party.

CRITICALCivil cases

(b) In actions before the Board of Arbitration involving personal injury, the following bills may be offered and received in evidence, without further proof, for the purpose of proving the value and reasonableness of the charges for services, labor and materials, or items contained therein and where applicable, the necessity for furnishing the same, on condition that Thirty (30) days written notice prior to the day set for arbitration has been given to the adverse party or parties, or their

(b) In actions before the Board of Arbitration involving personal injury, the following bills may be offered and received in evidence, without further proof, for the purpose of proving the value and reasonableness of the charges for services, labor and materials, or items contained therein and where applicable, the necessity for furnishing the same, on condition that Thirty (30) days written notice prior to the day set for arbitration has been given to the adverse party or parties, or their

CRITICALCivil cases

The Court must give at least 30 days’ notice of the termination General Call, and action before the call or good cause may prevent termination.

(b) The Court shall give at least thirty (30) days notice to counsel of record, and to the parties for whom no appearance has been entered and that an order will be entered at that time terminating the case on grounds of unreasonable inactivity pursuant to Rule of Judicial Administration 1901 unless some action is taken before the General Call, or good cause is shown as to why the case should not be terminated.

CRITICALCivil cases

A petition to withdraw must be served on all other parties to the litigation or proceeding.

The Petition shall be served upon all other parties to the litigation or proceedings

CRITICALCivil cases

The moving party must notify all other parties of the argument’s date, time, and location, except in family law and eminent domain actions.

(c) The moving party shall notify all other parties to the proceeding of the date, time and location of the argument. (e) This rule shall not apply to family law matters or actions pursuant to the eminent domain code of 1960.

CRITICALCivil cases

The respondent must file and serve a verified Answer to the Petition or Motion by the time set on the Return Day, using a service method authorized by Pa. R.C.P. 440.

The respondent to whom the Rule to Show Cause is directed shall file and serve in the same manner as service is authorized by the Pennsylvania Rules of Civil Procedure (See Pa.R.C.P. 440) a verified Answer to the Petition or Motion at or before the time on the Return Day fixed in the Rule to Show Cause.

CRITICALCivil cases

Termination notice must be delivered in person or by mail to the last address of record and briefly identify the matter.

(c) The notice herein required shall be in person or by mail to the last address of record of counsel or the parties setting forth a brief identity of the matter to be terminated.

CRITICALCivil cases

The party obtaining a Rule to Show Cause must file an Affidavit of Service stating the time, place, and manner of service.

The party who has obtained the issuance of a Rule to Show Cause shall file with the Prothonotary, within seven (7) days of the issuance of the Rule, an Affidavit of Service indicating the time, place and manner of service.

CRITICAL

Service

Mail

The petition may be served by the specified first-class and certified-mail methods, and the signed green return-receipt card must be attached.

Mailing a certified copy of the petition using first class USPS mail, AND, via postage prepaid, ‘Certified Mail – Restricted Delivery, Return Receipt Requested’, at . (name of post office) Green ‘Return Receipt’ card, with recipient’s signature, must be attached to this document.

CRITICAL

Service

Personal service to opposing party

The document may be served by personally hand-delivering it to the opposing party or opposing attorney.

Personally hand delivering to the (opposing party) (opposing attorney)

CRITICALCivil cases

The Court Administrator must send the potential-arbitrator list by regular mail or, if an email address is available, email, requesting a written reply by a specified date identifying one potential arbitrator to strike.

The Office of the Court Administrator of Clearfield County shall send the list of potential members of the Board of Arbitrators to counsel and/or pro se participants, via regular mail or e-mail, if e-mail addresses are available, requesting a reply in writing by a date certain as to name of one potential arbitrator that counsel and/or the pro se participant wishes to strike from the Board.

CRITICALCivil cases

(d) No briefs shall be required from any party unless the Court directs the filing of briefs which shall be lodged with the Court Administrator on or before the due date specified by the Court. Copies of each parties' brief shall be served upon every other party to the proceeding. (e) This rule shall not apply to family law matters or actions pursuant to the eminent domain code of 1960.

(d) No briefs shall be required from any party unless the Court directs the filing of briefs which shall be lodged with the Court Administrator on or before the due date specified by the Court. Copies of each parties' brief shall be served upon every other party to the proceeding. (e) This rule shall not apply to family law matters or actions pursuant to the eminent domain code of 1960.

CRITICAL

Properly serve the opposing party and file the Certificate of Service no later than seven days before the hearing, or the hearing will be cancelled.

IF YOU DO NOT PROPERLY SERVE THE OPPOSING PARTY AND FILE THE CERTIFICATE OF SERVICE, NO LATER THAN SEVEN (7) DAYS BEFORE THE SCHEDULED HEARING, THE HEARING WILL BE CANCELLED.

CRITICAL

Properly serve the opposing party and file the certificate of service no later than seven days before the scheduled hearing, or the hearing will be cancelled.

IF YOU DO NOT PROPERLY SERVE THE OPPOSING PARTY AND FILE THE CERTIFICATE OF SERVICE, NO LATER THAN SEVEN (7) DAYS BEFORE THE SCHEDULED HEARING, THE HEARING WILL BE CANCELLED.

CRITICALCivil cases

The appellant must serve a copy of the Notice of Appeal on the adverse party or opposing counsel.

(1) The Appellant shall pay an appeal fee as required by law and shall file with the Prothonotary a Notice of Appeal and shall serve a copy thereof upon the adverse party or opposing counsel;

CRITICAL

Hiring Constable , who has provided me with proof of service (see attached)

Hiring Constable , who has provided me with proof of service (see attached)

CRITICAL

Service

Mail

The form identifies first-class USPS mail and prepaid certified mail with restricted delivery and return receipt requested as a service method, and requires the signed green return-receipt card to be attached to the document.

Mailing a certified copy of the petition using first class USPS mail, AND, via postage prepaid, ‘Certified Mail – Restricted Delivery, Return Receipt Requested’, at . (name of post office) Green ‘Return Receipt’ card, with recipient’s signature, must be attached to this document.

CRITICALCivil cases

Settlement-conference memoranda are for the settlement judge only and must not be exchanged between the parties.

The parties' memoranda shall be for the eyes of the settlement conference judge only. There is to be no exchange by the parties of the memoranda.

CRITICAL

The form identifies service by a constable and requires proof of service to be provided and attached.

Hiring Constable , who has provided me with proof of service (see attached)

CRITICAL

Applies to

Certificate of service

After service, file the certificate of service with the Prothonotary along with proof that the documents were served.

When you have done this, the CERTIFICATE OF SERVICE MUST then be filed with the Prothonotary along with proof that the documents have been served.

CRITICALCivil cases

The parties must exchange the Inventory and Appraisal at the time designated by the Court or the Master.

(c) At such time as designated by the Court or the Master, the parties shall file and exchange Inventory and Appraisal,

CRITICALCivil cases

To dispute the value and reasonableness of the charges, the adverse party or counsel must notify claimant’s counsel in writing at least two weeks before the hearing.

unless counsel for the adverse party or the adverse party shall notify counsel for the claimant in writing no later than Two (2) weeks prior to the day set for hearing that the value and reasonableness of the charges are disputed:

CRITICALCivil cases

A copy of each Pre-Trial Statement must be served on the three arbitrators and all other named parties.

(a) At least seven (7) days prior to the day of the scheduled arbitration, each party shall file a Pre-Trial Statement with the Clearfield County Court Administrators Office, with a copy thereof being served on each of the three members of the Board of Arbitration and all other named parties in the case.

CRITICALCivil cases

Service

Publication

When publication service is authorized and no other manner is specified, publish the notice once in the designated county newspaper and legal journal; use the DuBois Courier Express for the stated address or real-property exceptions.

Whenever service by publication is authorized by law or rule of Court and the manner of publication is not otherwise specified, such service shall be made by publishing the required notice one time in a newspaper of general circulation in Clearfield County and in the Clearfield County Legal Journal. Affidavits of publication shall be filed in the Office of the Prothonotary or Clerk. Newspaper publication shall be in the Clearfield Progress. However, if the Defendant(s)/Respondent(s) last known address was in the City of DuBois, Troutville Borough or the Townships of Brady, Houston, Sandy or Union publications shall be in the DuBois Courier Express. Newspaper publication shall also be in the DuBois Courier Express if the action involves real property located in any of the above listed municipalities.

CRITICALCivil cases

The Court Administrator must send a certified copy of the arbitration-date and Board-appointment order to all counsel, pro se participants, and Board members by mail or email.

The Office of the Court Administrator shall mail or e-mail a certified copy of the Court Order setting the date of Arbitration and appointing the individual Board members to all counsel, pro se participants and members of the Board.

CRITICALCivil cases

The party obtaining a Rule to Show Cause must promptly serve a true and correct copy of the order and underlying petition or motion on every other party under Pa. R.C.P. 440 and on the Court Administrator.

The party who has obtained the issuance of a Rule to Show Cause shall forthwith serve a true and correct copy of both Court Order entering the Rule and specifying a return date, and the underlying Petition or Motion, upon every other party to the proceeding in the manner prescribed by the Pennsylvania Rules of Civil Procedure (see Pa. R.C.P. 440) and upon the Court Administrator.

CRITICALCivil cases

Service

Mail to all parties

The Court Administrator must notify counsel and pro se parties of the arbitration date by regular USPS mail, send pro se participants certified mail with return receipt as well, and may also email parties who provided addresses; the notice must include an acknowledgment deadline.

The Office of the Court Administrator of Clearfield County shall send notification to all counsel and/or pro se parties in the case, to verify they have no conflict with the arbitration date. Contact shall be made via regular USPS mail, and, in the case of pro se participants, also by USPS Certified mail with return receipt. Additionally, an e-mail can be sent to all parties that have provided their e-mail addresses. A deadline for reply as to acknowledgement of the arbitration date shall be included in the notice.

CRITICAL

After the court processes and returns the petition and order, immediately serve the defendants with certified copies of the petition and scheduling order and a blank verification form.

When this Petition and Order have been processed by the Court and returned to the Prothonotary, it is then your responsibility to immediately serve a certified copy of the PETITION FOR MODIFICATION OF A CUSTODY ORDER, the scheduling ORDER, and a blank CRIMINAL RECORD / ABUSE HISTORY VERIFICATION form on the defendant(s).

CRITICALCivil cases

Applies to

Written interrogatories

A party may serve up to 50 written interrogatories, including all discrete subparts, without leave or written consent; additional interrogatories may be allowed by court order upon cause shown.

Without leave of Court or written consent, any party may serve upon any other party written Interrogatories not exceeding 50 in number, including all discreet subparts. Leave to serve additional Interrogatories may be granted by Order of Court upon cause shown and consistent with the provisions of Pa.R.C.P. Rule 4005(c).

CRITICAL

After the processed motion and order are returned to the Prothonotary, immediately serve the defendants with certified copies of the motion and scheduling order and a blank verification form.

When this Motion and Order of Court have been processed by the Court and returned to the Prothonotary, it is then your responsibility to immediately serve a certified copy of the MOTION FOR CONTEMPT OF A CUSTODY ORDER, the scheduling ORDER, and a blank CRIMINAL RECORD / ABUSE HISTORY VERIFICATION form on the defendant(s).

CRITICALCivil cases

Applies to

Bill of costs

A party seeking costs must serve a copy of the bill of costs on all other parties.

A party entitled to costs shall file a bill of cost, accompanied by an affidavit as to correctness, with the Prothonotary, and serve a copy thereof upon all other parties.

WARNINGCivil cases

The Prothonotary must mail or otherwise forward copies of the report and award to all parties or their counsel.

(a) Immediately following the hearing, unless a question of law arises which requires briefing in which case the award shall be filed no later than ten (10) days after the hearing, the Board of Arbitration shall file a report and award with the Prothonotary on the same day. The report and award shall be signed by all or a majority of the members of the Board. The Prothonotary shall mail or otherwise forward copies thereof to all parties or their counsel. The Prothonotary shall file the report and award on the docket of the case.

WARNING

Service

Personal service to opposing party

The form identifies personal hand delivery to the opposing party or opposing attorney as a method of service.

Personally hand delivering to the (opposing party) (opposing attorney)

WARNING

Service

Mail

The certificate of service provides for documenting service by first-class U.S. mail with postage prepaid.

Depositing a copy of the same via United States mail, first class, postage prepaid, at (name of post office)

WARNINGCivil cases

If the Prothonotary cannot give notice in person or by mail, notice must follow PA.R.J.A. 1901(c) or a form and manner directed by court order.

(d) When the Prothonotary is unable to give notice in person or by mail, notice of service shall be made in such form and manner as are in accordance with PA.R.J.A. 1901(c) or as the Court, by order, may direct.

WARNING

Service

Mail to opposing party

After properly serving the other party and filing the certificate of service, you may serve additional case documents by regular U.S. mail.

WHEN YOU HAVE PROPERLY SERVED THE OTHER PARTY AND YOU HAVE FILED THE CERTIFICATE OF SERVICE WITH THE PROTHONOTARY, ANY ADDITIONAL DOCUMENTS THAT YOU FILE WITH THIS CASE CAN BE SERVED USING REGULAR U.S. MAIL.

WARNING

Service

Personal service

The certificate of service provides for documenting personal hand delivery to the opposing party or attorney.

Personally hand delivering to the (opposing party) (opposing attorney) at this address:

WARNING

The certificate of service provides for documenting service by a constable and identifying the attached proof of service.

Hiring Constable , who has provided me with proof of service (see attached)

WARNINGCivil cases

The Prothonotary must file an affidavit or other effective proof of service for the notice of intent to terminate an inactive case.

(e) The Prothonotary shall file an affidavit of service or other effective proof of service of the herein prescribed notice of intention to terminate inactive cases.

INFO

Service

Mail

The document may be served by regular U.S. mail.

THIS DOCUMENT CAN BE SERVED USING REGULAR U.S. MAIL.