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

CRITICALCivil cases

A putative father who is a petitioner must be given notice under the cited statutes.

He must be given notice pursuant to 23 Pa. C.S.A. §2503(b) and 23 Pa. C.S.A. §2513(b).

CRITICALCivil cases

If the non-petitioning parent is not joining the petition, notice of the hearing must be given to that parent.

b) If not the aforementioned Rules require notice to the other parent of the hearing on the petition.

CRITICALCriminal cases

Service

Mail

When a criminal action is commenced by summons, the Issuing Authority must mail the prescribed notice with the summons.

In all cases where a criminal action is commenced by summons, the Issuing Authority shall mail with the summons a notice substantially in the following form, printed on paper other than the color of the paper of the accompanying summons:

CRITICALCriminal cases

Applies to

Motion

Motions must be served on the District Court Administrator concurrently with filing.

Motions are to be served upon the District Court Administrator concurrently with filing in accordance with Pa.R.Crim.P. 576(b)(1), (3).

CRITICALCivil cases

A copy of the hearing notice must be given to the other parties.

A copy of the notice shall be given to the other parties.

CRITICALCivil cases

Notice must be given to the distributee or, where applicable, the specified representative or other person required by rule or statute.

notice shall be given to the distributee or where applicable, to the guardian, parent, next of kin or party having custody of the distributee or any other party required by rule or statute.

CRITICALCivil cases

In the specified voluntary relinquishment and consent-to-adoption proceedings, a putative father’s parental rights may be terminated by giving the required notice to him.

In July, 1992, the Adoption Act was amended to permit the termination of a putative father’s parental rights in a voluntary relinquishment proceeding of a natural parent merely by giving the required notice to the putative father. (23 Pa.C.S.A. §2503). At the same time, the Adoption Act was amended to permit the same method of terminating a putative father’s parental rights in a “Petition to Confirm Consent to Adoption” proceedings. (23 Pa.C.S.A. 2504).

CRITICALCivil cases

The putative father must receive written notice of the hearing at least ten days beforehand, complying with 23 Pa. C.S.A. §2503(b).

At least ten days written notice of the hearing shall be given to the PUTATIVE FATHER. This notice shall comply with 23 Pa. C.S.A. §2503(b).

CRITICALCivil cases

An appointed auditor or master must give written notice of a scheduled hearing at least twenty days before the hearing.

An auditor or master appointed pursuant to 20 Pa. C.S.§751 shall give notice of scheduled hearing in writing at least twenty (20) days prior to the hearing.

CRITICALCivil cases

Written notice of an attorney’s appearance must be given forthwith to all parties or their counsel.

Written notice of entry of appearance shall be given forthwith to all parties, or their counsel.

CRITICALCivil cases

Written notice of the hearing must be given to the specified parents, putative father, and parent or guardian of a minor parent at least ten days before the hearing.

At least ten days written notice shall be given to the parent or parents and putative father whose rights are to be terminated and to the parent or guardian of a minor parent whose rights are to be terminated.

CRITICALCriminal cases

For a defendant incarcerated in a county facility, the transportation order must be served on the Sheriff of Crawford County at least 7 days before the defendant is required to appear.

For incarcerated defendants, transportation orders must be obtained from the Court and served upon the Sheriff of Crawford County at least 7 days prior to the time the defendant is required to appear if the defendant is incarcerated in a facility in the county,

CRITICALCivil cases

The notice’s service and contents must comply with 23 Pa.C.S.A. §2513(b), and its method of provision must conform to Pennsylvania Orphans’ Court Rules 5 and 15.6.

Manner of service and contents of notice shall comply with 23 Pa.C.S.A. §2513(b). Method of providing said notice shall conform to PA Orphans’ Court Rule Nos. 5 and 15.6.

CRITICALCivil cases

Petitioners must serve the notices on the specified persons by certified mail with return receipt requested or personal service, and file proof of service with the Clerk of Courts.

The petitioner(s) shall serve a true and correct copy of the notices attached hereto upon all persons who have consented resulting in their parental rights being forever terminated by this decree as well as the putative father if his parental rights are terminated herein. Said notices shall be sent by certified mail, return receipt requested or shall be served personally upon said persons in the same manner as original process is served upon persons in civil cases. The petitioner(s) shall file a proof of service of this notice with the Clerk of Courts.

CRITICALCriminal cases

Applies to

Legal papers

A party that declines or is unable to use PACFile must be served legal papers under the cited procedures, not through PACFile.

Any party who declines to participate in PACFile, or is unable to do so, may file legal papers in a physical paper format, and that party shall be served legal papers in accordance with the procedures provided under Pa.R.Crim.P. 114(B) and 576(B), and not via PACFile;

CRITICALCriminal cases

Applies to

Waiver of appearance at arraignment

A copy of the arraignment waiver must be served on the Commonwealth pursuant to Pa.R.Crim.P. 576.

A copy of the waiver shall be served upon the Commonwealth pursuant to Pa.R.Crim.P. 576.

CRITICALCivil cases

The moving party must serve a conformed order on opposing parties or counsel within three business days after entry; a later copy from the Clerk does not relieve that duty.

(d). Service of Order Entered. All orders entered by the Court after the presentation of a motion, petition, request or application shall be served upon all opposing parties or their counsel by the moving party within three (3) business days after the entry of the order by the Court. Service of a conformed order is sufficient. As a courtesy, the Clerk of Courts may furnish a copy of the actual order at a later date, but the responsibility of the moving party to effectuate service is not relieved hereby.

CRITICALCivil cases

The practitioner is responsible for giving proper notice to everyone entitled to notice.

The practitioner is responsible to give proper notice to those entitled to notice.

CRITICALCriminal cases

The Clerk of Courts must distribute copies of the new scheduling form to the District Attorney’s Office, defense counsel, and unrepresented defendants in accordance with the applicable rules.

The Clerk of Courts shall distribute copies of the new Criminal Case Scheduling Form to the District Attorney’s Office and defense counsel as well as to unrepresented defendants in a manner consistent with the Pennsylvania Rules of Criminal Procedure and the Crawford County Rules of Criminal Procedure.

CRITICAL

A person eligible for PACFile who declines or cannot participate must be served legal papers under Pa.R.J.C.P. 345(B), not through PACFile.

(c) Any person who is eligible to participate in PACFile but declines or is unable to do so, may file legal papers in a physical paper format, and that person shall be served legal papers in accordance with the procedures provided under Pa.R.J.C.P. 345(B), and not via PACFile;

CRITICALCriminal cases

For a defendant incarcerated in an out-of-county facility, the transportation order must be served on the Sheriff of Crawford County at least 14 days before the defendant is to appear.

and at least 14 days prior to the time the defendant is to appear if the defendant is incarcerated in an out-of-county facility.

CRITICALCivil cases

When a relinquishing parent is under 18, notice must be sent to that minor’s parent or guardian, although their consent is not required.

The consent of the parents of this minor is not required (23 Pa.C.S.A. §2501 and 2502), however notice must be sent to the parent(s) or guardian of said minor (23 Pa.C.S.A. §2503(b)).

CRITICALCivil cases

Deadline

3 business days

Before filing a motion or petition, the moving party must serve the specified papers and presentation details on counsel and unrepresented parties at least three business days before presentation; service may be personal, by first-class mail, or by fax.

Before any motion or petition is filed, the moving party shall serve a copy of the motion, petition, 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 three (3) business 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. O.C. Rule 3.5.

CRITICAL

A person or entity using paper filing must be served under Pa.R.J.C.P. 1345(B), not through PACFile.

and that person or entity shall be served legal papers in accordance with the procedures provided under Pa.R.J.C.P. 1345(B), and not via PACFile;

CRITICALCivil cases

The method of providing notice must conform to Pennsylvania Orphans’ Court Rules 5 and 15.6.

Method of providing notice shall conform to Pa. Orphans’ Court Rule Nos. 5 and 15.6.

CRITICALCivil cases

A Petition to Confirm Consent to Adoption relies on a properly executed consent and proper notice to the consenting parent.

On the other hand, a termination of parental rights in a “Petition to Confirm Consent to Adoption” can be legally justified by introducing into evidence a properly executed consent to adoption and proper notice to the consenting parent.

CRITICALCivil cases

Applies to

Hearing notice

The putative father must receive written hearing notice at least ten days before the hearing, and the notice must include the specified statutory language and comply with the other requirements of that provision.

At least ten days written notice of the hearing shall be given to the PUTATIVE FATHER. This notice shall include the specific language set forth in 23 P.S. C.S.A. 2513(b) and shall comply with all other requirements set forth therein.

CRITICAL

A proponent may move to address conversion or retention of a previously entered exhibit, provided the motion is served on the appropriate parties or counsel at their last known address.

The proponent may submit a motion to the President Judge or other designated judge to address conversion of, or retention of any previously entered exhibit, so long as the motion is served on the appropriate parties or counsel at their last known address.

CRITICALCivil cases

The method of providing notice must conform to Pennsylvania Orphans’ Court Rules 5 and 15.6.

Method of providing notice shall conform to Pa. Orphans’ Court Rules Nos. 5. and 15.6

CRITICALCivil cases

Applies to

Report filing notice

Service

Mail to all parties

An auditor or master must mail written notice of a report or intent to file a report to all parties or counsel for represented parties by the day the report is filed.

An auditor or master filing a report or an intention to file a report shall provide notice of the same to all parties or counsel for represented parties in writing by sending first class mail no later than the day the report is filed.

CRITICALCivil cases

The method used to provide the notice must conform to Pennsylvania Orphans’ Court Rules 5 and 15.6.

Method of providing said notice shall conform to PA. Orphans’ Court Rule Nos. 5 and 15.6.

CRITICALCivil cases

Written notice of the evidentiary hearing must be given at least ten days beforehand to the listed parents and, where applicable, the consenting parent’s parent or guardian.

At least ten days written notice, as required by 23 Pa.C.S.A. §2503(b), shall be given to the following: (1) the parent(s) who have consented in attached petition, (2) the parent(s) who have not consented in attached petition, (3) the parent(s) or guardian of consenting parent(s) who is/are under the age of 18.

WARNINGCivil cases

Applies to

Consent revocation

I understand I may revoke this consent to permanently give up all of my rights to the above named adoptee by placing the revocation in writing and serving it upon the agency or adult to whom the adoptee was relinquished.

I understand I may revoke this consent to permanently give up all of my rights to the above named adoptee by placing the revocation in writing and serving it upon the agency or adult to whom the adoptee was relinquished.

WARNINGCivil cases

The consenter may revoke the consent by putting the revocation in writing and serving it on the agency or adult to whom the adoptee was relinquished.

I understand I may revoke this consent to permanently give up all of my rights to the above named adoptee by placing the revocation in writing and serving it upon the agency or adult to whom the adoptee was relinquished.

WARNINGCivil cases

A putative father’s parental rights may be terminated by having him join the petition, which requires his testimony at the evidentiary hearing, or by giving him notice under 23 Pa. C.S.A. §2503(d).

A PUTATIVE FATHER’S parental rights may be terminated in these proceedings either by having the PUTATIVE FATHER join in this petition as a petitioner (this will require his testimony at the evidentiary hearing) OR by giving him NOTICE pursuant to 23 Pa. C.S.A. §2503(d).