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

CRITICAL

Applies to

Court notice

Service

Court service to all parties

The Fayette County Court Administrator is responsible for serving Court notices on each party’s attorney or, if unrepresented, on the party.

The Court, by and through the President Judge, hereby designates the Court Administrator of Fayette County as the entity responsible for service of all Court notices on each party’s attorney, or the party if unrepresented.

CRITICAL

After filing the report, the master must immediately serve each party’s counsel—or an unrepresented party—with the report and recommendation and written notice of the right to file exceptions.

After conclusion of the hearing, the master shall file the record and the report within (i) twenty days in uncontested actions or (ii) thirty days from the last to occur of the receipt of the transcript by the master or close of the record in contested actions; and immediately serve upon counsel for each party, or, if unrepresented, upon the party, a copy of the report and recommendation and written notice of the right to file exceptions.

CRITICAL

The Clerk of Courts must notify the prosecutor and defendant in person or by regular mail at least 30 days before the criminal trial list is called.

Notice of the proposed dismissal of each case shall be given by the Clerk of Courts to the prosecutor and the defendant in person or by regular mail at least thirty (30) days before the date on which the list is to be called.

CRITICAL

Deadline

2 business days

Applies to

Motion

The specified motion papers must be delivered in the stated order to the Court Administrator and every party of record at least two business days before presentation, unless emergency circumstances stated in the motion require a shorter period.

An original proposed order, a copy of the Certificate of Presentation, Certificate of Service, and the motion, assembled in that order, shall be delivered to the Court Administrator and every other party of record. Such copies and notice shall be given so as to be received at least two (2) business days before presentation in Motions Court, unless there are emergency circumstances specified in the motion requiring presentation within a shorter time.

CRITICAL

Applies to

Notice of filing masters report

When the report is prepared, the master must give interested persons or their attorneys at least ten days’ notice of the date the report and proposed decree will be filed, following Pa. R.C.P. No. 440.

When the master's report is prepared the master shall, in the manner provided by Pa. R.C.P. No.440, give all persons in interest or their attorneys at least ten (10) days notice of the date on which the master's report and proposed decree are to be filed.

CRITICAL

Applies to

Petition and order

If the plaintiff avers that an adult other than a law enforcement officer cannot safely effect service, the Sheriff of Fayette County must serve the petition and order on the defendant and advise the Court that service was completed and of its cost.

Where the plaintiff avers that service cannot be safely effectuated by an adult individual other than a law enforcement officer, the Sheriff of Fayette County shall serve the petition and order on the defendant. The Sheriff shall advise the Court that service has been effectuated as well as the cost therefor.

CRITICAL

Applies to

Request to schedule child custody mediation

For a qualifying custody-related filing, the moving party must serve the Request to Schedule Child Custody Mediation.

Upon the filing of any complaint, petition, or motion relating to child custody, partial custody, visitation, or contempt, where there is at the time of filing no agreed- upon Order disposing of the issues, the moving party shall file and serve a Request to Schedule Child Custody Mediation and pay to the Prothonotary (in addition to any other required fees), a non-refundable conciliation fee in the amount of One Hundred ($100.00) Dollars, or shall file to proceed in forma pauperis with Court approval in accordance with Pa.R.C.P. §240.

CRITICAL

The excusal request must simultaneously be copied to all counsel.

A person seeking to be excused must submit, no fewer than ten (10) days before the date set for the mediation, a written request to the mediator, simultaneously copying all counsel.

CRITICAL

Legal advertisements and notices required by statute, rule, or special court order must be published in the Fayette Legal Journal.

The Fayette Legal Journal shall be the legal periodical for the publication of all legal advertisements and notices required by statute, rule or special order of Court.

CRITICAL

Service

Mail to opposing party

The District Justice must serve the defendant with the private complaint and hearing notice by certified mail, return receipt requested.

(iv) The District Justice shall serve a copy of the private complaint and notice of hearing on the defendant by certified mail return receipt requested.

CRITICAL

The filer must serve a time-stamped copy of the Certificate of Readiness on all counsel and any unrepresented party immediately after filing.

I further certify that immediately after filing, I will serve a time-stamped copy of this certificate upon all counsel, and/or any unrepresented party.

CRITICAL

Applies to

Responding party brief

Responding parties must serve their briefs on all other parties and the assigned Judge within 15 days after service of the moving party’s brief.

the briefs of all responding parties shall be served on all other parties and the assigned Judge within fifteen (15) days after service of the moving party’s brief.

CRITICAL

The requesting party must serve the Administrative Office of Fayette County Courts with a copy of the mediation request and the filing-fee receipt.

The requesting party must also serve on the Administrative Office of Fayette County Courts a copy of the Request for Child Custody Mediation Conference, along with a copy of the receipt for the filing fee.

CRITICAL

The Certificate of Readiness must be served on all parties with written notice.

The Certificate of Readiness shall be substantially in the form which follows this rule and shall be served with written notice to all parties.

CRITICAL

The petitioner must notify all parties of the order’s entry within seven business days after entry.

The Petitioner for the Rule must provide notice of the entry of this order to all parties within seven (7) business days of the entry thereof.

CRITICAL

Briefs must be served on all other parties and the assigned Judge; a certificate of service must be filed with the Prothonotary, but the brief itself must not be filed of record.

All briefs shall be served on all other parties to the case and on the assigned Judge. A certificate of service shall be filed with the Prothonotary but the brief itself shall not be filed of record.

CRITICAL

Applies to

Petition and order

The plaintiff must promptly ensure that the petition and order are served on the defendant.

The plaintiff shall ensure that the petition and order are promptly served upon the defendant

CRITICAL

The master must give attorneys of record and unrepresented parties written notice of each hearing’s time and place at least ten days in advance.

The master shall establish a hearing date and give at least ten (10) days written notice of the time and place of all hearings to attorneys of record and unrepresented parties in accordance with Pennsylvania Rules of Civil Procedure Rule 1920.51(b).

CRITICAL

The mediator must provide a copy of the mediation report to all parties and the Court Administrator.

The mediator shall provide all parties and the Court Administrator with a copy of the mediation report.

CRITICAL

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);

2. to file a motion with the Court in writing, requesting pretrial Discovery and Inspection and a copy to be served on the District Attorney within fourteen (14) days after the above listed arraignment date (Pa. Rule of Criminal Procedure 573);

CRITICAL

Deadline

2 business days

Required-to-be-filed motions and documents must be served on each party and the Court Administrator at least two business days before Motions Court presentation, unless the motion specifies emergency circumstances requiring a shorter period.

Pursuant to Pa.R.Crim.P. 576(B)(1), all motions and other documents for which filing is required shall be served on each party and the Court Administrator so as to be received at least two (2) business days before presentation in Motions Court, unless there are emergency circumstances specified in the motion requiring presentation within a shorter time.

CRITICAL

Applies to

Notice of public sale

Service

Publication

If the real estate lies in multiple counties, the first publication must occur at least sixty days before the sale.

If the real estate lies in different counties, the first publication shall be made at least sixty (60) days before the date of sale.

CRITICAL

A certificate of service must be filed with the Prothonotary, but the brief itself need not be filed.

A certificate of service shall be filed with the Prothonotary, the brief itself need not be filed.

CRITICAL

After a public sale, the master must give persons in interest or their attorneys at least 10 days' notice of the filing date for the return of sale and proposed decree.

When the master has conducted a public sale the master shall, in the manner provided by Pa.R.C.P. No.440, give all persons in interest or their attorneys at least ten (10) days' notice of the date on which the return of sale and proposed decree are to be filed.

CRITICAL

Applies to

Motion

A Certificate of Service must document service of motions and identify the persons served and the manner and date of service.

All motions filed and served pursuant to this rule shall include a Certificate of Service, signed by the party’s attorney, or the party if unrepresented, setting forth the date and manner of service (personal delivery, mail, facsimile), and the names, addresses and phone numbers of the persons served.

CRITICAL

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);

1. to file a request in writing for a Bill of Particulars with the Clerk of Courts and a copy to be served on the District Attorney within seven (7) days following the above listed arraignment date (Pa. Rule of Criminal Procedure 572);

CRITICAL

On motion and twenty-four (24) hours' notice to the plaintiff or the plaintiff's attorney, a defendant may have leave to pay into Court the amount of money he admits to be due, together with the costs accrued.

On motion and twenty-four (24) hours' notice to the plaintiff or the plaintiff's attorney, a defendant may have leave to pay into Court the amount of money he admits to be due, together with the costs accrued.

CRITICAL

As a condition of bail, a written address or telephone-number change notice must be mailed or delivered in person to the Clerk of Courts, District Attorney, and bondsman within forty-eight hours after the change.

I am hereby notified that, as a condition of bail, I am required to notify in writing the Clerk of Courts’ office, the District Attorney’s office, and my bondsman of any change of address and/or telephone number within forty-eight (48) hours after any change by mail or delivering in person said notice to each of the above (Pa. Rule of Criminal Procedure 117).

CRITICAL

For dormant civil cases, the Prothonotary must notify counsel and pro se litigants in person or by regular mail, with publication permitted if notice cannot be delivered or is returned undelivered.

The Prothonotary shall provide notice of the proposed dismissal of each civil case that has been dormant for more than two (2) years to all counsel of record and to any pro se litigants in person or by regular mail at the last address of record and shall set forth a brief identification of the case to be terminated. If such notice cannot be given or has been returned undelivered, notice may be given by publication once in the Fayette Legal Journal by stating the caption of each case, the names of the attorneys of record or pro se litigants, and the requirements of filing a statement of intention to proceed.

CRITICAL

Applies to

Notice of masters hearing

The master must give all parties or their attorneys at least ten days’ notice of the time and place of the hearing, following Pa.R.C.P. No. 440.

The master shall give all parties or their attorneys at least ten (10) days notice of the time and place of the master's hearing, in the manner provided by Pa.R.C.P. No. 440.

CRITICAL

Applies to

Notice of public sale

Service

Publication

Notice of a public auction sale must be published weekly for three consecutive weeks in a county-circulation daily newspaper and The Fayette Legal Journal.

The master shall give notice of the time, place, and terms of a sale of real estate at public auction, not confined to the parties, by publication once each week for three consecutive weeks in one daily newspaper of general circulation within the county and in The Fayette Legal Journal, by posting the premises to be sold, and by the circulation of at least fifty (50) printed handbills among persons who may be known to be interested in buying the property and among persons residing in the neighborhood in which it is located.

CRITICAL

Applies to

Moving party brief

The moving party must serve its brief on all parties and the assigned Judge within 15 days after presenting the motion.

the brief of the moving party shall be served on all parties and the assigned Judge within fifteen (15) days from the presentation of the motion pursuant to FCR 208.3(a)

CRITICAL

Applies to

Mortgage foreclosure diversion program notice

The plaintiff must serve the program notice on the defendant together with the complaint, in accordance with the Pennsylvania Rules of Civil Procedure.

The plaintiff shall serve a copy of the Mortgage Foreclosure Diversion Program Notice along with the complaint on the defendant in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICAL

Applies to

Order

The order must be served on the police department with jurisdiction to enforce it.

the order is served upon the police department with appropriate jurisdiction to enforce the order.

CRITICAL

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).

3. to file an Omnibus motion with the Court in writing requesting all other kinds of pretrial relief and a copy to be served on the District Attorney within thirty (30) days after the above listed arraignment date (Pa. Rules of Criminal Procedure 578 & 579).

CRITICAL

Applies to

Emergency order

If the plaintiff avers that an adult other than a law enforcement officer cannot safely serve an emergency order, the issuing District Justice must arrange for a constable to serve it at the county’s initial expense, and the constable must file a return of service and the cost.

Where the plaintiff avers that service of an emergency order cannot be safely effectuated by an adult individual other than a law enforcement officer, the District Justice issuing the order shall have the same served by a constable at the initial expense of the county. The constable shall file a return of service as well as the cost therefor.

WARNING

Applies to

Notice of proposed partition

The master must give all parties or their attorneys preliminary notice of the proposed partition and allotment, or of the inability to partition, following Pa.R.C.P. No. 440.

The master shall give all parties or their attorneys preliminary notice of the proposed partition and allotment of purports or the inability to partition the property in the manner provided by Pa.R.C.P. No.440.