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

CRITICALCivil cases

Briefs must be filed with the Prothonotary, copied to the Court Administrator, and served on all parties of record.

Briefs shall be filed with the Prothonotary with a copy to the Court Administrator and a copy shall be served on all parties of record.

CRITICALCivil cases

Service

Publication

In the event notice cannot be given in such manner, notice shall be given by advertisement one time in the Warren Times Observer for Warren County and The Forest Press for Forest County and one time in a newspaper of general circulation in the county where the decedent resided. The date of publication shall be at least twenty (20) days prior to the hearing.

In the event notice cannot be given in such manner, notice shall be given by advertisement one time in the Warren Times Observer for Warren County and The Forest Press for Forest County and one time in a newspaper of general circulation in the county where the decedent resided. The date of publication shall be at least twenty (20) days prior to the hearing.

CRITICALCivil cases

Service

Mail

A party filing exceptions must serve a copy by ordinary mail on the official and all counsel or unrepresented parties who have formally appeared.

(f) Any party filing exceptions to the report shall, by ordinary mail, serve a copy therof upon the official and all counsel or parties without counsel who have appeared formally in the proceedings.

CRITICALCriminal cases

The hearing officer must serve a copy of the motion on the District Attorney’s office.

The hearing officer shall serve a copy of the motion upon the District Attorney’s office.

CRITICALCriminal cases

Applies to

Waiver of arraignment

A copy of a waiver of arraignment must be served on the District Attorney under Rule L576.

A copy of the waiver shall be served upon the District Attorney pursuant to 37.R.Crim.P. L576.

CRITICALCivil cases

Applies to

Petition and notice of hearing

The review hearing must be set at least twenty days after service of the petition and notice of the hearing.

A hearing shall be set by the Court not less than twenty (20) days after service of the petition and notice of the hearing.

CRITICALCriminal cases

After completing the Criminal Case Scheduling Form, the defendant must receive a copy; the District Attorney must retain a copy, and a present defense attorney must also receive a copy.

(d) Once the Criminal Case Scheduling Form has been completed, the defendant shall be provided with a copy and the District Attorney shall retain a copy. If the defendant’s attorney is present, a copy shall be provided to the defendant’s attorney.

CRITICALCivil cases

The petitioner must give at least 20 days’ written notice of the intended extension request to adversely affected persons who do not join the petition.

petitioner shall give at least twenty (20) days written notice of intention to request the extension to all persons adversely affected thereby who do not join in the prayer of the petition.

CRITICALCivil cases

The appraisers must serve a copy of the appraisal on the personal representatives or, if none exists, as the Court directs.

A copy of the appraisal shall be served by the appraisers on the personal representatives, or, if there is no personal representative, then as the Court shall direct.

CRITICALCivil cases

Nonconsenting or nonjoining parties must receive twenty days’ notice for the private sale.

(a) Certification that twenty (20) days’ notice has been given to those parties who do not consent or join.

CRITICALCivil cases

In proceedings under Pa. O.C. Rule 15.4, petitioners' counsel must make a good-faith effort to identify and locate each parent and provide notice.

In proceedings under Pa. O.C. Rule 15.4, the attorney for petitioners shall make a good faith effort to determine the address and identity of each parent and to provide notice of the proceedings.

CRITICALCivil cases

In adoption proceedings under Pa. O.C. Rule 15.5, notice must also be given to anyone with custody under a valid court order.

In adoption proceedings under Pa. O.C. Rule 15.5, notice of the proceedings shall also be given to any person(s) who have custody pursuant to a valid Court Order.

CRITICALCivil cases

A copy of the bill of costs must be served on opposing counsel under Pa. R.C.P. No. 440.

A copy of the bill of costs shall be served on opposing counsel pursuant to Pa. R.C.P. No. 440.

CRITICALCriminal cases

Applies to

Notice

Service

Mail

The Issuing Authority must mail a notice substantially consistent with Form L510 with the summons in the specified cases.

In all summary cases where there is a likelihood of incarceration and in all court cases where a criminal action is commenced by summons, the Issuing Authority shall mail with the summons a notice substantially consistent with Form L510.

CRITICALCivil cases

Applies to

Answer

A respondent must immediately serve a copy of the answer on each adverse party or counsel as provided by Pennsylvania Rule of Civil Procedure 440.

Respondent shall at once serve a copy of the pleading on each adverse party or their counsel in the manner prescribed by Pa. R.C.P. No. 440.

CRITICALCivil cases

Deadline

48 hours

If reasonable diligence leads a party to discover after the pretrial conference a need or desire to use specified trial material, the party must promptly provide the required information to the court and other counsel and do so at least 48 hours before jury selection or the start of a non-jury trial; the court may refuse its use if the information is late.

If a party, in the exercise of reasonable diligence, first becomes aware after the pre-trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Rule L212.2 above. Failure to provide such information no less than 48 hours before selection of the jury, or commencement of trial in a non-jury case, may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plot or plan at trial.

CRITICALCriminal cases

Applies to

Motion

The moving party must serve the opposing party or counsel with the motion when filing it.

(b) Service. Concurrently with filing, the moving party shall serve upon the opposing party or his/her counsel of record a copy of the motion.

CRITICALCivil cases

Service

Publication

Legal notices must be published in the designated legal periodical for the county, in accordance with applicable rules.

The official legal periodical for Forest County shall be The Forest Press and for Warren County shall be the Warren Times Observer. All legal notices shall be published in accordance with applicable rules in the forgoing publications.

CRITICALCivil cases

If a warrant is issued, the District Justice must forward it to the appropriate police agency for service.

If the District Justice issues a warrant the District Justice shall cause a warrant to be forwarded to the appropriate police agency for service.

CRITICALCivil cases

Applies to

Petition and citation

The hearing date must be at least twenty days after service of the petition and citation.

The Court shall fix a date for hearing which shall not be less than twenty (20) days after the service of the petition and citation.

CRITICALCivil cases

Service

Mail to all parties

After indexing the report or report and award, the Prothonotary must immediately notify the parties or their attorneys by regular mail and send a copy to the court administrator.

(c) Upon indexing a report or report and award, the Prothonotary shall give immediate written notice of the report to all the parties, or their attorneys, by regular mail and a copy to the court administrator.

CRITICALCivil cases

The Auditor or Master must notify all parties when the report is filed, provide each party a copy, and file a return of notice.

(a) The Auditor or Master shall notify all parties of the filing of the report, furnish all parties with a copy thereof and a return of notice shall be filed.

CRITICALCriminal cases

Applies to

Legal papers

Legal papers must be served under Rules 114(B) and 576(B) on recipients without portal access or who cannot use the electronic system.

b. Service of legal papers on any attorney or party who has not established a UJS portal account or who is unable to file or receive legal papers electronically or otherwise to access the system shall be made by the procedures provided under Rule 114(B) and 576 (B).

CRITICALCivil cases

The person receiving the appraisal must immediately notify interested parties who would be adversely affected by the exemption.

Such person shall immediately give notice to all interested parties who would be adversely affected by the allowance of the exemption.

CRITICALCivil cases

Notice must be given at least 20 days before the confirmation date; if a next of kin's address or whereabouts is unknown, notice must be given as the Court directs.

Said notice shall be given not less than twenty (20) days prior to the date set for confirmation. If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court shall direct.

CRITICALCivil cases

The Court Administrator must schedule the hearing and send written notice of its date and time to the parties’ last known addresses shown in the documents filed before the Magisterial District Judge.

The Court Administrator shall then schedule a hearing and notify the plaintiff and defendant of the date and time for the hearing in writing sent to their last known addresses shown on the documents filed before the Magisterial District Judge in this action.

CRITICALCivil cases

The moving party must notify opposing counsel and unrepresented parties of the argument's date, time, and place.

The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument.

CRITICALCivil cases

Certification that twenty (20) business days’ notice has been given to those parties who do not consent or join.

Certification that twenty (20) business days’ notice has been given to those parties who do not consent or join.

CRITICALCriminal cases

Applies to

Criminal case scheduling form

Attach the original Criminal Case Scheduling Form and all undistributed copies to the official record when it is forwarded to the Clerk of Courts, who must distribute them.

All undistributed copies, together with the original Criminal Case Scheduling Form, shall be attached to the official record when it is forwarded to the Clerk of Courts as required by Pa.R.Crim.P. 547 and shall be distributed by the Clerk of Courts.

CRITICALCivil cases

Service

Publication

Proof of publication must be submitted to the Court before the hearing.

Proof of publication shall be submitted to the Court prior to hearing.

CRITICALCivil cases

Service

Publication

The sale notice must also be advertised once in a newspaper of general circulation in the appropriate county.

In addition, notice of the sale shall be advertised one (1) time in a newspaper of general circulation in the appropriate county

CRITICALCivil cases

Applies to

Wrongful death survival settlement petition

The petition must identify the decedent's intestate heirs by name, relationship, and address, and those heirs must be served with a copy of the petition.

(3) show compliance with Pa. R.C.P. 2205 and set forth the name, relationship and address of plaintiff- decedent's intestate heirs who must be served with a copy of the petition (as required by 20 Pa. C.S.A. § 2101, et. seq.)

CRITICALCivil cases

The party requesting a scheduling conference must notify all counsel and self-represented parties of its date, time, and place.

It shall be the responsibility of the party requesting a scheduling conference to notify all counsel and any parties proceeding pro se of the date, time and place of the scheduling conference.

CRITICAL

Applies to

Court orders and notices

Court orders and notices filed in juvenile dependency matters must be served promptly by the appropriate county Children and Youth agency under Pennsylvania Rule 1167.

All Orders and Court Notices in juvenile dependency matters which are filed with the Clerk of Court, shall be served promptly by Forest County Children and Youth for all Forest County matters and Warren County Children and Youth for all Warren County matters in accordance with the requirements and methods set forth in Rule 1167 of the Pennsylvania Rules of Juvenile Court Procedure.

CRITICALCivil cases

Applies to

Filed document

The Prothonotary must forward to counsel of record a copy of each document filed by an individual represented by that counsel.

The Prothonotary shall forward a copy of all documents filed by individuals who are represented by counsel of record to that attorney.

CRITICALCivil cases

Applies to

Petition and hearing order

The plaintiff must serve the petition and hearing order on the defendant using a method permitted for service of original process in a civil action.

The plaintiff shall arrange to have the petition and order setting the hearing served upon the defendant in any manner by which service of original process may be made in a civil action.

CRITICALCriminal cases

Applies to

Hearing notice

When no supervisor’s warrant is needed, the filing officer must serve the defendant with notice of the Gagnon I hearing.

Notice of the Gagnon I hearing, in this instance, shall be served upon the defendant by the filing officer, and a Gagnon I hearing would then be scheduled at the convenience of the hearing officer.

CRITICALCivil cases

Notices by or to attorneys must be in writing and given to counsel of record or an office employee; this counts as notice to the represented party unless personal notice is required.

(b) Notice to Counsel. Notice by or to attorneys shall be in writing, given to the attorney of record, or to an employee of the attorney’s office, and shall be considered notice to the party represented unless personal notice to the party is required.

CRITICALCivil cases

Service

Publication

When a parent's identity or whereabouts cannot be ascertained, notice of the involuntary termination petition and hearing must be served by court-approved publication after presentation of a separate motion and diligent-search affidavit.

Notice of the Involuntary Termination Petition and hearing shall be served on the natural or putative father whose identity and/or whereabouts cannot be ascertained or on the mother whose identity and/or whereabouts cannot be ascertained by publication in the form and manner approved by the Court following presentation of a separate Motion for Service by Publication and Affidavit of Diligent Search as required by Pa. R.C.P. 430.

CRITICALCivil cases

Copies of exceptions must be served on the fiduciary, if any, and the spouse or the spouse’s attorney within five days after filing.

Copies of the exceptions shall be served on the fiduciary, if any, and on the spouse or the attorney for the spouse, within five (5) days after filing.

CRITICALCivil cases

After a public-sale petition is allowed, notice of the proposed sale in approved form must be given as provided by Pa. O.C. Rule 3.6.

(a) Notice. After the allowance of a petition for public sale, notice in approved form of the proposed sale shall be given in the manner provided by Pa. O.C. Rule 3.6.

CRITICALCivil cases

The petitioner must serve written notice under Chapter III, giving at least 20 business days’ notice before presenting the petition to the specified unpaid beneficiaries, heirs, claimants, creditors, or, when heirs are unknown, the Attorney General.

(d) Notice. The petitioner shall serve written notice on interested parties in compliance with Chapter III. (1) That twenty (20) business days’ written notice of intention to present the petition has been given to every unpaid beneficiary, heir, or claimant who has not joined in the petition, or to the Attorney General, if the decedent’s heirs are unknown, and to every unpaid claimant or creditor.

CRITICALCivil cases

The moving party must notify opposing counsel and unrepresented parties of the scheduled argument's date, time, and place.

Argument will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument.

CRITICALCivil cases

For original process to be served by the Sheriff's Office, the filing party must provide a certified copy for each party to be served and service instructions on the Sheriff's form.

A party filing a complaint or any other pleading that constitutes original process which is to be served by the Sheriff's Office shall deliver to that office a certified copy of the complaint or pleading for each party to be served together with instructions for service on a form available from the Sheriff's Office.

CRITICALCriminal cases

A copy of each written appearance must be forwarded to the District Attorney’s office as required by the rules.

A copy of any such written appearance shall be forwarded to the District Attorney’s office as required by these rules.

CRITICALCivil cases

Service

Mail to all parties

After the petition is allowed, the petitioner must give each interested party, including every known unpaid creditor, sale notice by first class mail at least twenty days before the proposed sale.

After allowance of a petition for public sale of real estate, the petitioner shall, in addition to such notice as may be required to be given by law, give notice of the sale to each interested party, including every unpaid creditor by first class mail, if known. Such notice shall be given at least twenty (20) days prior to the date of the proposed sale.

CRITICALCivil cases

Service

Mail

The Auditor or Master must give written hearing notice by first-class mail to the specified recipients at least 20 days before the hearing.

(a) The Auditor or Master shall fix a date, time, and place for hearing and shall give written notice to the accountant or petitioner and interested parties or their counsel of record of the hearing by first class mail at least twenty (20) days prior thereto.

CRITICALCivil cases

Service

Mail

Within 10 days after filing, the appellant must serve the appeal by certified mail on the Board and affected taxing authorities or property owners at the specified addresses.

Ten (10) days after filing the appeal the appellant shall serve a copy of the appeal on the Board and all affected taxing authorities or property owners by certified mail to the Board, to the property owner at his, her, its, or their registered address as shown on the tax records, and on the taxing districts at their business address.

CRITICALCivil cases

Each party must provide all other parties with the names of its trial witnesses, except rebuttal witnesses later determined, within 150 days of the appeal date.

The names of all witnesses to be called at trial by any party, other than rebuttal witnesses later determined, shall be provided to all other parties within one hundred fifty (150) days of the appeal date.

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

An omnibus pretrial motion must be served within 30 days after arraignment, subject to the stated exceptions and court extension for cause.

Except as otherwise provided in these rules, an omnibus pretrial motion for relief shall be filed and served within thirty (30) days after arraignment, unless opportunity therefor did not exist or the defendant, defense counsel, or the attorney for the Commonwealth was not aware of the grounds for the motion or the time for filing has been extended by the Court for cause shown.

WARNINGCivil cases

Applies to

Post hearing submissions

(h) At the conclusion of the hearing, any party who had entered a formal appearance may submit proposed findings of fact, conclusions of law, and/or briefs for the purposes of aiding or guiding the official; provided, however, that copies of such submissions shall be delivered or mailed to each person who has appeared in the proceedings in person or by counsel.

(h) At the conclusion of the hearing, any party who had entered a formal appearance may submit proposed findings of fact, conclusions of law, and/or briefs for the purposes of aiding or guiding the official; provided, however, that copies of such submissions shall be delivered or mailed to each person who has appeared in the proceedings in person or by counsel.

WARNINGCivil cases

When seeking a waiver of the certificate-of-service requirement for an emergency motion, the moving party must make every effort to notify opposing parties of the motion's substance and the time of filing and presentation.

If the moving party is requesting a waiver of the certificate of service requirement, the party shall make every effort to notify opposing parties of the substance of the motion and the time of filing and presentation to the Court.

WARNINGCivil cases

Service

Publication

If notices for the listed magisterial district cases are returned undelivered, the judge must publish the list and a notice that the cases will be terminated 30 days after publication.

If any such notices are returned by the postal authorities as undelivered, the magisterial district judge shall prepare a list thereof and cause the same to be published one time in the legal periodical, together with a notice that said cases will be terminated thirty (30) days after the date on which the list is published. The cost of publication shall be borne by the office of the district justice.

WARNINGCivil cases

Service

Publication

When termination notices are returned undelivered, the Prothonotary must place them in the official file and publish a case list and termination notice once in the legal periodical.

If any such notices are returned by the postal authorities as undelivered for any reason, the notice shall be placed by the Prothonotary's Office in the official file. The Prothonotary's Office shall prepare a list of any such cases and cause the same to be published one time in the legal periodical, together with a notice that said cases will be terminated 30 days after the date on which the list is published. The cost of publication shall be borne by the office of the Prothonotary. The Prothonotary shall transmit a copy of such list to the Court Administrator.

WARNINGCivil cases

The Prothonotary must give counsel of record and parties without an appearance at least 30 days' notice of the Court's intent to terminate the matter.

The Prothonotary shall give to all counsel of record, and to all parties from whom no appearance has been entered at least thirty (30) day's notice of the Court's intention to terminate the matter as provided by Pa. R.J.A. No. 1901(c).

WARNINGCivil cases

Notice is not required for a parent whose parental rights have been terminated by a petition to confirm adoption.

Notice does not need to be provided to any parent whose parental rights have been terminated by petition to confirm adoption.

WARNINGCriminal cases

Service

Electronic service

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

Pursuant to Pennsylvania Rules of Criminal Procedure 576.1 (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.

WARNINGCivil cases

Applies to

Filed document

The Prothonotary must forward counsel of record a copy of every document filed by an individual represented by that counsel.

(1) The Prothonotary shall forward a copy of all documents filed by individuals who are represented by counsel of record to that attorney.

WARNINGCivil cases

Applies to

Notice of hearing

Service

Mail

The Court Administrator will notify the defendant by mail of the hearing date, time, and courtroom.

The Forest/Warren County Court Administrator will notify you____________________________ by mail of the date, time, and Courtroom for your hearing at which you must appear.

INFOCivil cases

For service or notice, a party may use the address provided to the Board during its proceedings.

For purposes of service or notice, an appellant or party may use the address provided to the Board as part of its proceedings.