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

CRITICAL

Within thirty (30) days of the date of service of the objecting party’s brief, the responding party shall file and serve a brief in accordance with the requirements of subsections (a)(1-4) of this rule.

Within thirty (30) days of the date of service of the objecting party’s brief, the responding party shall file and serve a brief in accordance with the requirements of subsections (a)(1-4) of this rule.

CRITICAL

Applies to

Final report and recommendation

After the hearings, the Hearing Officer will file and serve a Final Report and Recommendation addressing outstanding economic claims and, if appropriate, appointment-fee apportionment.

Following the hearing(s), the Divorce Hearing Officer will file and serve a Final Report and Recommendation addressing all outstanding economic claims, as well as an apportionment of the fees for appointment if appropriate.

CRITICAL

Serve legal papers on attorneys or parties without a PACFile account under Pa.R.J.C.P. 1167(B) and 1345(B), and the Clerk of Courts must serve court orders.

Service of legal papers on any attorney or party who has not established an account as provided in subsection (c) of this rule shall be made in accordance with Pa.R.J.C.P. 1167(B) and 1345(B). This applies to the service of court orders which shall be served by the Clerk of Courts.

CRITICALCivil cases

Deadline

48 hours

Applies to

Petition and temporary order

Service

Personal service

The Cumberland County Sheriff's Office, or a designee if the Defendant is outside the county, must make ongoing reasonable efforts to personally serve the listed documents during the 48 hours after the initial petition is filed.

the Cumberland County Sheriff's Office, through a designee if the Defendant is located outside of this county, shall make ongoing, reasonable efforts to personally serve the Defendant with the Petition, Temporary Order, and Notice of Hearing and Order during the 48 hours following the filing of the initial petition in a Protection From Abuse or a Protection of Victims of Sexual Violence or Intimidation matter.

CRITICAL

The Prothonotary must immediately serve the conference motion on the assigned judge.

The Prothonotary shall immediately serve a copy of the motion upon the assigned judge.

CRITICALCivil cases

Applies to

Court notice order or judgment

Service

Electronic service to all parties

Court notices, orders, and judgments must be electronically served through the Electronic Filing System on parties who have previously filed electronically in the case.

Copies of all Notices, Orders or Judgments from the Court in any action shall be served by electronic transmission through the Electronic Filing System to all parties who have previously submitted electronic filings in the same case.

CRITICAL

The objecting party must immediately serve the brief on opposing counsel and any unrepresented party and file an affidavit of service.

The objecting party shall immediately serve a copy of the brief upon opposing counsel and any unrepresented party and shall file an affidavit of service.

CRITICAL

When the Court directs that a case be listed for jury trial, the Prothonotary must give counsel notice of the listing.

Where a case is listed for jury trial by direction of the Court, notice of such listing shall be given to counsel by the Prothonotary.

CRITICAL

Applies to

Motion and proposed order

The completed motion and proposed order must be filed with the Prothonotary and served on the other party.

The completed motion and proposed order shall be filed with the Prothonotary and served upon the other party.

CRITICAL

After an appointment order, the discovery hearing officer must schedule a hearing and give all parties in interest notice at least 20 days before it.

Following the entry of an appointment order, the discovery hearing officer shall schedule a hearing and give notice thereof to all parties in interest at least twenty days prior to the hearing in accordance with Chapter IV of the PA. Orphans’ Court Rules.

CRITICAL

Applies to

Court notice order or judgment

Service

Electronic service to all parties

Court notices, orders, and judgments must be electronically served through the system on parties who have e-filed in the case; parties who have not e-filed receive notice by fax, other electronic means, or hard copy.

Copies of all Notices, Orders or Judgments from the Court in any action shall be served by electronic transmission through the Electronic Filing System to all parties who have previously submitted electronic filings in the same case. If a party or parties have not yet submitted electronic filing in a particular case, then the Prothonotary shall provide notice by facsimile, other electronic means, or by forwarding a hard copy to said party or parties.

CRITICAL

The objecting party must immediately serve the brief on opposing counsel and any unrepresented party and file an affidavit of service.

The objecting party shall immediately serve a copy of the brief upon opposing counsel and any unrepresented party and shall file an affidavit of service.

CRITICAL

Disposition of Matters after Pleadings are Closed - No Answer. If no responsive pleading is filed, upon proof of service of the citation or notice and the petition, the Court may grant the desired relief requested.

Disposition of Matters after Pleadings are Closed - No Answer. If no responsive pleading is filed, upon proof of service of the citation or notice and the petition, the Court may grant the desired relief requested.

CRITICAL

Applies to

Bill of costs

A party entitled to costs must serve the bill of costs on the opposing party or that party’s attorney.

A party entitled to costs shall file a bill of costs with the Prothonotary which shall be served upon the opposing party or their attorney.

CRITICAL

The defendant and counsel of record must receive written arraignment notice at least five days before the scheduled arraignment.

Defendant and counsel, if an appearance has been entered, shall receive written notice of the arraignment no later than five (5) days before the date scheduled for the arraignment.

CRITICAL

Applies to

Report and recommendation

If no agreement is reached, the Hearing Officer will file and serve a Report and Recommendation addressing discovery exchange and, if appropriate, appointment-fee apportionment.

If no agreement can be reached, the Hearing Officer will hear argument and file and serve a Report and Recommendation outlining the required exchange of discovery, as well as an apportionment of the fees for appointment, if appropriate.

CRITICAL

A party requesting oral argument must serve the motion containing the request on all parties.

If either party wishes to request oral argument (for complex cases or novel legal issues), they must file with the Prothonotary, and serve upon all parties, a motion containing the request within sixty (60) days following the filing of the preliminary objections.

CRITICAL

Service

Electronic service

Serve attorneys and defendants who participate in the system electronically.

Service upon an attorney or defendant participating in the system shall be done electronically.

CRITICAL

Applies to

Motion to appoint divorce hearing officer for ancillary claims and proposed order

The completed appointment motion and proposed order must be filed with the Prothonotary and served on the other party.

The completed motion and proposed order shall be filed with the Prothonotary and served upon the other party.

CRITICAL

An officer or constable serving a warrant must accept the specified signed plea and payment, or transport the defendant to Central Booking if the defendant cannot pay.

Pursuant to Rule 431, the police officer or constable serving the warrant shall: (A) Accept a signed guilty plea and the full amount of fines and costs if stated on the warrant; (B) Accept a signed not guilty plea and the full amount of the collateral on the warrant if stated on the warrant; or (C) If the defendant is unable to pay the full amount of fines and costs or the defendant is unable to pay the collateral, transport the defendant to Central Booking.

CRITICALCivil cases

Applies to

Legal paper

Service

Electronic service

Legal papers must be served electronically under the terms of Pa.R.C.P. 205.4.

The Cumberland County Court of Common Pleas requires mandatory electronic filing of all legal papers with the Prothonotary through its Electronic Filing System, as well as the electronic service of such papers, under terms more specifically provided in Pa.R.C.P. 205.4.

CRITICAL

Applies to

Praecipe

The party listing a case for jury trial must promptly serve the praecipe on all other parties.

The party listing the case for trial shall promptly serve a copy of the praecipe on all other parties.

CRITICAL

A party seeking oral argument in a complex case or on a novel legal issue must serve the motion containing the request on all parties.

If either party wishes to request oral argument (for complex cases or novel legal issues), they must file with the Prothonotary, and serve upon all parties, a motion containing the request within sixty (60) days following the filing of the preliminary objections.

CRITICAL

The auditor or hearing officer must notify all interested parties when the report is filed.

The auditor or hearing officer shall give notice of filing the report to all interested parties.

CRITICAL

Applies to

Subpoena

Service

Personal service

After a preliminary hearing or its waiver, the Magisterial District Judge must execute and personally give the defendant a completed subpoena to appear for formal arraignment.

A completed subpoena to appear for formal arraignment shall be executed and given personally to the defendant by the Magisterial District Judge following a preliminary hearing on the charges or a waiver thereof.

CRITICAL

Applies to

Subpoena

Service

Personal service

A completed subpoena for formal arraignment must be executed and given personally to the defendant following a preliminary hearing or waiver of one.

(2) A completed subpoena to appear for formal arraignment shall be executed and given personally to the defendant by the Magisterial District Judge [Justice] following a preliminary hearing on the charges or a waiver thereof.

CRITICAL

The defendant and counsel, if an appearance has been entered, must receive written notice of arraignment at least five days before the scheduled date.

(d) Defendant and counsel, if an appearance has been entered, shall receive written notice of the arraignment no later than five (5) days before the date scheduled for the arraignment.

CRITICAL

If either party wishes to request [a later argument date or] oral argument (for complex cases or novel legal issues), they must file with the Prothonotary, and serve upon all parties, [a praecipe] a motion containing the request within sixty (60) days following the filing of the preliminary objections [within five (5) business days following the close of the briefing schedule].

If either party wishes to request [a later argument date or] oral argument (for complex cases or novel legal issues), they must file with the Prothonotary, and serve upon all parties, [a praecipe] a motion containing the request within sixty (60) days following the filing of the preliminary objections [within five (5) business days following the close of the briefing schedule].

CRITICAL

The responding party must serve its brief within 30 days after service of the objecting party’s brief.

Within thirty (30) days of the date of service of the objecting party's brief, the responding party shall file and serve a brief in accordance with the requirements of subsections (a)(1-4) of this rule.

CRITICAL

Applies to

Report and recommendation

If the parties cannot agree, the Hearing Officer must file and serve a Report and Recommendation after hearing argument.

(3) If no agreement can be reached, the Hearing Officer will hear argument and file and serve a Report and Recommendation outlining the required exchange of discovery, as well as an apportionment of the fees for appointment, if appropriate.

CRITICAL

A motion requesting oral argument must be served on all parties within 60 days after filing the preliminary objections.

If either party wishes to request oral argument (for complex cases or novel legal issues), they must file with the Prothonotary, and serve upon all parties, a motion containing the request within sixty (60) days following the filing of the preliminary objections.

CRITICAL

The discovery hearing officer must notify all parties in interest of the hearing at least 20 days beforehand.

Following the entry of an appointment order, the discovery hearing officer shall schedule a hearing and give notice thereof to all parties in interest at least twenty days prior to the hearing in accordance with Chapter IV of the PA. Orphans' Court Rules.

CRITICAL

The defendant and counsel of record must receive written notice of arraignment at least five days before its scheduled date.

Defendant and counsel, if an appearance has been entered, shall receive written notice of the arraignment no later than five (5) days before the date scheduled for the arraignment.

CRITICAL

Service

Electronic service

The district court administrator must electronically serve the request on the presiding judge, the reporter, recorder, or transcriptionist, and opposing counsel or the unrepresented opposing party.

The district court administrator shall also serve copies of the request to all participating parties via electronic notice on the appropriate filing offices’ docketing system: (1) the judge presiding over the matter; (2) the court reporter, court recorder or transcriptionist; and (3) opposing counsel, or if not represented, the opposing party.

CRITICAL

Service

Personal service

After a preliminary hearing or its waiver, the Magisterial District Judge must execute and personally give the defendant a completed subpoena to appear for formal arraignment.

A completed subpoena to appear for formal arraignment shall be executed and given personally to the defendant by the Magisterial District Judge following a preliminary hearing on the charges or a waiver thereof.

CRITICAL

Serve legal papers, including court orders and notices, on parties without an account and the listed offices in accordance with Pa.R.Crim.P. 576.

Service of legal papers on any attorney or party who has not established an account as provided in subsection (C) of this rule shall be made in accordance with Pa.R.Crim.P. 576. Specifically, the following offices must be served in accordance with Rule 576: Sheriff, Probation Services, Court Reporter, and Court Administration. This applies to the service of court orders and notices.

CRITICAL

After an appointment order, the discovery hearing officer must schedule a hearing and notify all parties in interest at least twenty days before it.

(a) Following the entry of an appointment order, the discovery hearing officer shall schedule a hearing and give notice thereof to all parties in interest at least twenty days prior to the hearing in accordance with Chapter IV of the PA. Orphans’ Court Rules.

CRITICAL

Applies to

Final report and recommendation

Following the hearings, the Divorce Hearing Officer must file and serve a Final Report and Recommendation.

Following the hearing(s), the Divorce Hearing Officer will file and serve a Final Report and Recommendation addressing all outstanding economic claims, as well as an apportionment of the fees for appointment if appropriate.

CRITICAL

The responding party must serve its brief within 30 days after service of the objecting party’s brief.

Within [twenty] thirty ([2]30) days of the date of service of the objecting party’s brief, the responding party shall file and serve a brief in accordance with the requirements of subsections (a)(1-4) of this rule.

CRITICAL

The completed appointment motion and proposed order must be served on the other party.

The completed motion and proposed order shall be filed with the Prothonotary and served upon the other party.

CRITICAL

The objecting party must immediately serve its brief on opposing counsel and any unrepresented party and file an affidavit of service.

The objecting party shall immediately serve a copy of the brief upon opposing counsel and any unrepresented party and shall file an affidavit of service.

CRITICAL

The responding party must serve its brief within 30 days after service of the objecting party’s brief and comply with the requirements in subsections (a)(1)–(4).

Within thirty (30) days of the date of service of the objecting party’s brief, the responding party shall file and serve a brief in accordance with the requirements of subsections (a)(1-4) of this rule.

CRITICALCivil cases

When service is made by phone, a reasonable attempt must be made to ensure the Defendant can receive a physical or digital copy of the listed documents.

If service is made by phone, a reasonable attempt shall be made to ensure that the Defendant is able to receive a physical or digital copy of the Petition, Temporary Order, and Notice of Hearing and Order.

CRITICAL

Applies to

Formal arraignment subpoena

Service

Personal service

(2) A completed subpoena to appear for formal arraignment shall be executed and given personally to the defendant by the Magisterial District Judge following a preliminary hearing on the charges or a waiver thereof.

(2) A completed subpoena to appear for formal arraignment shall be executed and given personally to the defendant by the Magisterial District Judge following a preliminary hearing on the charges or a waiver thereof.

CRITICAL

Applies to

Report and recommendation

Following the hearing, the Divorce Hearing Officer must file and serve a Report and Recommendation.

(2) Following the hearing, the Divorce Hearing Officer will file and serve a Report and Recommendation outlining the required exchange of discovery, as well as an apportionment of the fees for appointment, if appropriate.

CRITICAL

Applies to

Acknowledgment of arraignment form

A copy of the signed acknowledgment form must be given to the defendant after an arraignment before the Clerk of Courts or a deputy.

Acknowledgment of Arraignment form as provided by the Court shall be signed, and a copy given to defendant, on arraignments held before the Clerk of Courts or a deputy.

CRITICAL

The non-requesting parent must be noticed to respond with their choice or choices and required information.

The non-requesting parent will be noticed to respond to the request with their choice(s) and required information.

CRITICAL

The objecting party must immediately serve the brief on opposing counsel and any unrepresented party and file an affidavit of service.

The objecting party shall immediately serve a copy of the brief upon opposing counsel and any unrepresented party and shall file an affidavit of service.

CRITICALCivil cases

The Prothonotary must notify the referenced party or parties by facsimile, other electronic means, or hard copy.

the Prothonotary shall provide notice by facsimile, other electronic means, or by forwarding a hard copy to said party or parties.

CRITICAL

If the parties do not reach agreement, the Hearing Officer must file and serve a Report and Recommendation outlining the required discovery exchange and, if appropriate, apportionment of appointment fees.

If no agreement can be reached, the Hearing Officer will hear argument and file and serve a Report and Recommendation outlining the required exchange of discovery, as well as an apportionment of the fees for appointment, if appropriate.

CRITICAL

Applies to

Pretrial memorandum

Each party must serve a copy of its pretrial memorandum on all other parties by the Friday before the pretrial conference.

No later than Friday prior to the pretrial conference, each party to a civil action shall file (and serve a copy on all other parties) a pretrial memorandum with the Prothonotary, who will transmit it to the Court Administrator.

CRITICALCivil cases

If personal service is not effectuated within 48 hours, the Sheriff’s Office may serve by phone, email, mail, or commercial carrier.

If personal service cannot be effectuated within 48 hours, the Cumberland County Sheriff’s Office is hereby authorized to effectuate service via phone, email, mail, or commercial carrier.

CRITICAL

Upon appointment, the auditor must schedule a hearing and notify all interested parties at least twenty days before it.

(a) On appointment, the auditor shall schedule a hearing and give notice thereof to all parties in interest at least twenty days prior to the hearing in accordance with Chapter IV of the Pa. Orphans’ Court Rules.

CRITICAL

After an appointment order is entered, the discovery hearing officer must schedule a hearing and give all parties in interest at least twenty days’ notice.

(a) Following the entry of an appointment order, the discovery hearing officer shall schedule a hearing and give notice thereof to all parties in interest at least twenty days prior to the hearing in accordance with Chapter IV of the PA. Orphans’ Court Rules.

CRITICAL

Applies to

Motion and proposed order

The completed motion and proposed order must be filed with the Prothonotary and served on the other party.

The completed motion and proposed order shall be filed with the Prothonotary and served upon the other party.

WARNING

Applies to

Arraignment notice

Service

Mail

Arraignment notice may also be given by first-class mail or in accordance with Pa.R.Crim.P. 114.

Notice may also be given by first-class mail or in accordance with Pa.R.Crim.P. 114.

WARNING

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of any document filed through PACFile.

Pursuant to Pennsylvania Rule of Juvenile Court Procedure 1205(D)(2), the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.

WARNING

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of any document filed through PACFile.

the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.

WARNING

The Prothonotary must notify attorneys and unrepresented parties whose cases are listed for argument court by regular mail.

(3) The Prothonotary shall furnish notification by regular mail to all attorneys and unrepresented parties who have cases listed for argument court.

WARNING

Applies to

Final report and recommendation

Following the hearings, the Hearing Officer will serve the Final Report and Recommendation.

Following the hearing(s), the Divorce Hearing Officer will file and serve a Final Report and Recommendation addressing all outstanding economic claims, as well as an apportionment of the fees for appointment if appropriate.

WARNING

Applies to

Praecipe

If appellant fails to file a brief within the time period established under the rules of this section or by the Court after a conference, any party may file and serve a praecipe stating that the appeal is ready for disposition together with a brief, or may petition the Court for dismissal of the appeal.

If appellant fails to file a brief within the time period established under the rules of this section or by the Court after a conference, any party may file and serve a praecipe stating that the appeal is ready for disposition together with a brief, or may petition the Court for dismissal of the appeal.

INFO

Service

Mail

Arraignment notice may also be given by first-class mail or in accordance with Pennsylvania Rule of Criminal Procedure 114.

Notice may also be given by first-class mail or in accordance with Pa.R.Crim.P. 114.

INFO

Attorneys and self-represented parties who are unable or unwilling to e-file may use physical paper service.

Attorneys or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format and be served legal papers in a physical format which were electronically filed.

INFO

Service

Mail

Notice may also be given by first-class mail or in accordance with Pennsylvania Rule of Criminal Procedure 114.

Notice may also be given by first-class mail or in accordance with Pa.R.Crim.P. 114.

INFO

Service

Mail

Notice may also be given by first-class mail.

Notice may also be given by first-class mail or in accordance with Pa.R.Crim.P. 114.