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

CRITICAL

Applies to

Hearing notice

The parties or their attorneys of record must receive written notice of the hearing’s date, time, and place at least 30 days before the hearing.

(v) In no event shall less than thirty (30) days' written notice of the date, time and place of hearing be given to the parties or their attorneys of record.

CRITICAL

The sheriff or another designated agency must promptly serve the defendant with the petition, order, and hearing notice.

The sheriff or other designated agency, in accordance with 23 Pa.C.S. § 6106 (d), shall promptly serve the petition, order and hearing notice on the defendant,

CRITICAL

Applies to

Hearing notice

The hearing notice must be affixed to the original and all service copies of the complaint, writ praecipe, or appeal notice, as applicable.

(ii) The aforementioned notice shall be affixed both to the original and all service copies of the complaint or praecipe for writ of summons or, in the case of appeal from District Justice judgments, the notice of appeal.

CRITICALCivil cases

Applies to

Judicial name change petition

Service

Publication

For previously continued judicial name change petitions, an initial conforming publication at the original hearing listing satisfies the notice requirements, and no additional publication is required for later listings.

for ALL judicial change of name petitions previously continued by this court's past emergent orders the notice requirements of 54 Pa.C.S. §701(a.1)(3)(ii)(A) SHALL be deemed satisfied by any initial conforming publication accomplished at the time the judicial name change petition was listed for its original hearing, absent the need for additional publications upon such proceedings' subsequent listings.

CRITICALCivil cases

A party filing Objections and a Petition for a Record Hearing must provide proof of service on all parties and the Parenting Coordinator.

- i. A party objecting to the Recommendations must file with the Office of Judicial Support an original and copy of their Objections and a Petition for a Record Hearing before the Court within five (5) days of service of the Summary and Recommendations together with Proof of Service upon all parties and the Parenting Coordinator.

CRITICAL

The serving agency must promptly file an Affidavit of Service, which the Court Administrator must ensure is docketed and time-stamped with the original kept in the file.

and same serving agency shall promptly file an Affidavit of Service in the Court Administrator's Office. Court Administrator shall ensure that the Affidavit of Service is docketed and time stamped in the Office of Judicial Support with original to be maintained in the docketed file.

CRITICALCivil cases

Upon approval, the judge must issue the Parenting Coordinator order, distribute it to all parties, and make it an order of the court.

Upon approval, the Family Section Trial Judge shall issue an Order for Parenting Coordinator pursuant to Pa.R.C.P 1915.22 which shall be distributed to all parties and made an Order of the Court.

CRITICAL

Applies to

Hearing notice

For a joinder complaint, the moving party must provide the joined parties copies of the original hearing notice and the notice containing the required statement.

(iv) In the case of a joinder complaint, the moving party shall provide to the parties being joined a copy of the original notice setting forth the time, place and location of the arbitration hearing, as well as a copy of the notice referred to in (a)(I)(iii).

CRITICAL

The hearing may not proceed unless there is proof of a docketed Affidavit of Service or the defendant has waived service.

The hearing shall not proceed without proof of docketed Affidavit of Service or waiver of service by the defendant or

CRITICALCivil cases

Parenting Coordinators must promptly send the Summary and Recommendations by regular mail and email to the parties and the Family Section Trial Judge; service is complete when the email is sent.

A. Parenting Coordinators shall file their Summary and Recommendations pursuant to Pa.R.C.P. 1915.23 with the Office of Judicial Support within two (2) business days after the last communication with the parties on the issues in accordance with Pa.R.C.P. 1915.11-1 (f)(2) and promptly forward a copy of same via regular mail and email to the parties and the Family Section Trial Judge. Service shall be considered complete as of the date the email is sent to the Family Section Trial Judge and the parties.

CRITICALCriminal cases

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 receive legal papers in a physical paper format from the Office of Judicial Support and/or other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.

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 receive legal papers in a physical paper format from the Office of Judicial Support and/or other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.

WARNINGCriminal cases

Service

Electronic service

Establishing a PACFile account constitutes acceptance of electronic service of documents filed on PACFile 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

The plaintiff must promptly notify all other parties of the hearing date and time assigned by the Court Administrator.

The plaintiff shall promptly notify all other parties of the hearing date and time assigned by the Court Administrator.