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

CRITICAL

Notice of a hearing must be given to all counsel of record and any other persons the Court directs.

Notice of such hearing shall be given to all counsel of record and to such other persons as the Court may direct.

CRITICAL

Confidential Information must be served on and made available to the parties, the Court, and appropriate Court staff as provided by the Public Access Policy.

The Confidential Information shall be served on and made available to the parties to the case, the Court, and appropriate Court staff, as provided in the Public Access Policy.

CRITICAL

Service

Mail

The appellant must serve the appeal by certified or registered mail on the specified entities and the respondent owner, subject to the stated exception and address rules.

(6) Appellant shall serve copies of the appeal by certified or registered mail upon the Board at its official office and, unless named as the appellant, upon the Board of County Commissioners of Lackawanna County and upon the legislative governing body of the municipality and the board of school directors of the school district wherein the real estate is located at their respective official offices, or in the absence of an official office, at the last known address of the secretary of said body and upon the respondent owner of the real estate at said owner’s last known address.

CRITICAL

Applies to

Request for conciliation conference

A copy of the Request for Conciliation Conference must also be served upon the Court Administrator.

A copy of the Request for Conciliation Conference shall also be served upon the Court Administrator.

CRITICAL

Service

Publication

If an affidavit establishes that the former owner's heirs and assigns are unknown, publication must be directed to the former owner and his heirs and assigns generally.

(b) When service is to be made by the publication in accordance with subsection (a) above, if an affidavit is filed that the heirs and assigns of the named former owner of the property are unknown, the publication shall be directed for the former owner and his heirs and assigns generally.

CRITICAL

Applies to

Publication notice

Service

Publication

In an action seeking equitable relief, service by publication requires publishing a notice once in the Lackawanna Jurist and once in a daily newspaper of general circulation within Lackawanna County.

(a) Service upon a defendant by publication in an action seeking equitable relief shall be made by publishing once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form.

CRITICALCriminal cases

Applies to

ARD application

After receiving an endorsed ARD application, the applicant or attorney must transmit a copy to the District Attorney.

(a) Upon receipt of an endorsed ARD application, the Clerk shall make the appropriate docket entry, and the applicant or his attorney shall then transmit a copy of the application to the District Attorney.

CRITICAL

Service

Electronic service

PACFile electronically notifies participating parties and attorneys upon submission, and that notice satisfies service requirements for account holders.

Upon submission of a legal paper for electronic filing, the PACFile system shall provide an electronic notification to other parties and attorneys to the case who are participating in electronic filing that the legal paper has been submitted. This notification upon submission shall satisfy the service requirements of Rules 1167(B) and 1345(B) on any attorney or party who has established a system account.

CRITICAL

Applies to

Complaint

Service of the complaint must include the Notice of Residential Mortgage Foreclosure Diversion Program.

Service of the complaint in such a residential mortgage foreclosure action shall include the "Notice of Residential Mortgage Foreclosure Diversion Program" advising the defendant/borrower of the action to be taken by the defendant/borrower within sixty (60) days of service of the complaint in order to participate in a court-supervised conciliation conference pursuant to Lacka. Co. R.C.P. 1143.1.

CRITICAL

Service

Mail

An intervenor must serve the Notice of Intervention by certified or registered mail on the listed parties.

(c) Intervenor shall serve copies of Notice of Intervention by certified or registered mail upon Appellant, Appellee, any Respondent owner and any other intervening parties of record.

CRITICAL

Applies to

Motion

A moving party must serve counsel and unrepresented parties with the motion and notice of its presentation date at least three business days beforehand, excluding Saturdays, Sundays, and holidays.

A party seeking relief from the court by way of motion shall serve all counsel and unrepresented parties with a copy of the motion, together with notice that the motion will be presented to the court on a date certain, at least (3) business days (excluding Saturdays, Sundays and holidays) prior to the date of presentation.

CRITICAL

Unless an exception applies, covered papers must be served as provided by Pa. R.Civ.P. 440 or 441, or court order, within five days after filing; ineffective timely service voids the paper, and the intended recipient may proceed as if it had not been filed after filing an affidavit.

Unless otherwise provided by statute or by rule of the Supreme Court of Pennsylvania or of this court, a copy of all pleadings, petitions, motions, rules, answers to rules to show cause, notices, or other papers required to be serviced on another party shall be served in the manner provided by Pa. R.Civ.P. 440 or 441 or as otherwise directed by order of this court within five (5) days from the filing thereof. If timely service is not effective in accordance with this rule, the legal paper shall be considered void and of no effect. Upon affidavit filed setting forth such failure of timely service, the party upon whom the paper should have been served may proceed as though said legal paper had never been filed.

CRITICALCriminal cases

The moving party must serve the omnibus pretrial motion within 30 days after arraignment unless the court extends the time.

(a) The moving party shall present, file, and serve the omnibus pretrial motion within thirty (30) days after arraignment as is provided by Pa.R.Crim.P. 307, unless the time is extended by the court.

CRITICAL

Applies to

Post trial motion document

Service of post-trial motion documents must occur before or immediately after filing with the Clerk of Judicial Records.

Such service shall be made prior to or immediately after the time the document is filed in the office of the Clerk of Judicial Records.

CRITICAL

Applies to

Transcript request

Counsel for the moving party must serve a formal transcript request on the court stenographer.

Counsel for the moving party shall serve a formal request for transcript on the court stenographer.

CRITICAL

The notice must set a service date at least five days before the process’s return date, or direct the sheriff to return the process marked “Not Found.”

(a) Any document or process issued out of the office of the Clerk of Judicial Records, other than a complaint, shall contain a notice to serve directed to the sheriff of the appropriate county to serve the process on or before a day certain, which shall be not less than five days in advance of any return date set with respect to the process, or to otherwise return the process marked "Not Found."

CRITICAL

Each party of record must provide the memorandum to the trial judge and serve copies on parties of record by personal service or regular mail.

(b) Each party of record shall file with the Clerk of Judicial Records, a Pretrial Status Conference Memorandum and serve a copy thereof on the trial judge at least seven (7) days prior to the date of scheduled conference along with proof of service of copies thereof upon parties of record by personal service or by regular mail.

CRITICALCriminal cases

Transmit a copy of the ARD application to the District Attorney's office within ten days following the preliminary hearing.

A written application for acceptance into the ARD program shall be filed with the Clerk and a copy transmitted to the office of the District Attorney within ten (10) days following the preliminary hearing.

CRITICAL

A copy of the certificate or affidavit of service must be served on all parties.

Such certificate or affidavit of service shall be filed immediately upon effecting service, and a copy of same shall be served on all parties.

CRITICAL

Service

Publication

Notice of the proposed public sale must be advertised weekly for three consecutive weeks in the specified newspaper and a newspaper of general circulation in Lackawanna County.

(a) by advertisement once a week for three consecutive weeks in the “Lackawanna Jurist” and in a newspaper of general circulation in Lackawanna County;

CRITICAL

Service

Publication

The substitution rule must be published with the action’s nature and number, the relief demanded, and notice that it may be made absolute if the successor does not appear within 20 days after the last publication; publication must follow Rule 440(c).

Service by publication of the rule to show cause why the successor should not be substituted as a party shall be made by publishing said rule, together with a notation of the nature and number of the action in which the rule is issued and the relief demanded, and that, if said successor does not appear in this court within twenty (20) days after the last publication, said rule may be made absolute in his absence. Said publication shall be made as prescribed by Lacka. Co. R.C.P. 440(c).

CRITICAL

Service

Publication

When authorized, service by publication in Section 407 actions must publish notice once in the Lackawanna Jurist and once in a daily newspaper of general circulation in Lackawanna County.

Service upon a defendant by publication of actions commenced in accordance with the requirements of Section 407 of Act. No. 6 of 1974, 41 P.S. Section 407, when authorized pursuant to Pa. R.Civ.P. 430, shall be made by publishing once in the “Lackawanna Jurist” and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form:

CRITICAL

A copy of the affidavit must be delivered to the Sheriff’s Office before any residential property is listed for Sheriff’s Sale.

(d) The affidavit required by Lacka. Co. R.C.P. 3129.1(c) shall be filed with the Clerk of Judicial Records and a copy shall be delivered to the Sheriff’s Office before any residential property may be listed for Sheriff’s Sale.

CRITICAL

Electronic filings must be served under Rules 1167(B) and 1345(B) on parties without an account or unable to access the electronic system.

Service of electronic filings on any attorney or party who has not established a UJS web portal account or who is unable to file or receive legal papers electronically or otherwise unable to access the system shall be made by the procedures provided under Rules 1167(B) and 1345(B).

CRITICAL

Applies to

Return of service

For service of the specified motions and hearing notices by someone other than the sheriff, the return must state how service was made and, if a method outside Pa. R.Civ.P. 402 was used, why service under that rule was not possible.

A return of service required by Pa. R.Civ.P. 1075.1(d) or Pa. R.Civ.P. 1075.2(c), pertaining to service of motions for writ of seizure and notice of hearings made by one other than the sheriff, shall indicate the manner in which service was made and, if service was accomplished in a manner other than those provided in Pa. R.Civ.P. 402, the affidavit shall indicate why service could not be made in a manner indicated in that rule.

CRITICAL

Notice of a schedule of distribution must be sent by letter to the last known addresses of affected Interested Parties who have not submitted written approval, no later than the day the schedule is filed.

(a) When Notice Given and Contents Thereof. Notice of filing the schedule of distribution shall be given to all Interested Parties affected thereby who do not submit with it their written approval or the written approval of their attorneys. (b) Time and Method of Notice. Written notice shall be given no later than the day of the filing of the schedule by letter addressed to the last known addresses of all Interested Parties or their attorneys.

CRITICAL

Notice of objections must be sent by letter to the accountant and affected Interested Parties or their attorneys, no later than the filing day; the accountant’s notice must include a copy of the objections.

(b) Notice of Filing. Notice of filing of objections to the schedule of distribution shall be given to the accountant and to all Interested Parties affected thereby or their attorneys. (c) Time and Method of Notice. Written notice shall be given no later than the day of the filing of the objections to the schedule by letter addressed to the last known address of accountant and all Interested Parties affected thereby or their attorneys. A copy of the objections shall be included with the notice to the accountant or his or her attorney.

CRITICAL

Applies to

Financial worksheet form 14

The defendant/borrower must serve the completed Form 14 on the plaintiff/lender or its counsel at least 14 days before the conference.

At least fourteen (14) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender or its counsel a copy of the "Lackawanna County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 14) which has been completed by the defendant/borrower in compliance with Lacka. Co. R.C.P. 1143.1.

CRITICAL

Service

Mail

When registered mail is used, the sender must send a registered letter to the guardian’s last known address and require a receipt signed by the guardian.

If registered mail is utilized for this purpose, the plaintiff, the plaintiffs attorney, or any competent adult acting on behalf of the plaintiff shall send a registered letter to the last known address of the guardian of the incompetent defendant requiring a receipt signed by the guardian.

CRITICALCriminal cases

The omnibus pretrial motion must be served within 30 days after arraignment.

3. Various other pretrial motions available to me which must be stated in a single document titled "OMNIBUS PRETRIAL MOTION" to be filed and served within THIRTY (30) DAYS following the date of my arraignment pursuant to Pennsylvania Rules of Criminal Procedure 306 and 307.

CRITICAL

Before scheduling a resale, notice must be given to all bidders who appeared at the original sale, and the resale cannot occur sooner than 72 hours after the original sale.

No resale shall be scheduled without first giving notice to all bidders who appeared at the originally scheduled sale. The resale date cannot be sooner than seventy-two (72) hours from the original sale date.

CRITICAL

Applies to

Request for conciliation conference

The Request for Conciliation Conference must be served upon counsel for the plaintiff/lender.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the complaint and Notice of Residential Mortgage Foreclosure Diversion Program and shall be served upon counsel for the plaintiff/lender.

CRITICAL

Copies of the petition and rule to show cause must be served on all counsel and unrepresented parties in accordance with the cited rules.

Following presentment of the petition to the Motions Court judge, the petitioner shall proceed pursuant to Lacka. Co. R.C.P. 211 and secure a rule returnable date and a hearing date, if necessary, from the Court Administrator and shall thereafter file the original petition and rule to show cause with the Clerk of Judicial Records, with copies of the same being served upon all counsel and unrepresented parties in accordance with the Pennsylvania Rules of Civil Procedure and Lacka. Co. R.C.P. 440.

CRITICAL

Service

Electronic service

PACFile must notify participating parties and attorneys upon submission, and that notification satisfies service on account holders.

Upon submission of a legal paper for electronic filing, the PACFile system shall provide an electronic notification to other parties and attorneys to the case who are participating in electronic filing that the legal paper has been submitted. This notification upon submission shall satisfy the service requirements of Rules 167(B) and 345(B) on any attorney or party who has established a system account.

CRITICAL

Applies to

Notice of residential mortgage foreclosure diversion program

Before filing the specified residential mortgage foreclosure motion, the plaintiff must serve the borrower with the Form 11 notice unless it was already served under Rule 1143.

As a condition precedent to the filing of a motion for judgment on the pleadings in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a “Notice of Residential Mortgage Foreclosure Diversion Program” in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka. Co. R.C.P. 1143.

CRITICAL

Applies to

Case management order

Service

Mail to all parties

The Court Administrator must send the Case Management Order by ordinary mail to counsel and any self-represented parties.

The Case Management Order shall specify the date, time and place of the Conciliation Conference and shall be forwarded by the Court Administrator via ordinary mail to counsel for the parties and to any self-represented parties.

CRITICAL

Applies to

Brief

Copies of each party’s brief must be provided to all opposing counsel according to the Court Administrator’s schedule.

The original of a party's brief shall be filed with the Clerk of Judicial Records and copies shall be provided to the assigned judge and all opposing counsel in accordance with the schedule set by the Court Administrator.

CRITICAL

Applies to

Transcript request

A transcript requester must provide the completed request form to the presiding judge, court reporter, Court Administrator, and opposing counsel or self-represented opposing party.

(B) A party completing a Request for Transcript form shall obtain the total estimated cost from the court reporter as detailed in subsection (D). The party requesting a transcript shall provide copies of the Request for Transcript form to: - (1) The judge presiding over the matter; - (2) The court reporter; - (3) The Lackawanna County Court Administrator's office; and - (4) Opposing counsel or the opposing party, if self-represented.

CRITICAL

Applies to

Financial worksheet

The defendant/borrower must serve the completed Financial Worksheet on the plaintiff/lender or its counsel at least 14 days before the Conciliation Conference, or the case will be removed from the conference schedule and the temporary stay terminated.

At least fourteen (14) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender or its counsel a copy of the "Lackawanna County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form No. 14) which has been completed by the defendant/borrower in compliance with Lacka. Co. R.C.P. 1143.1. The failure to do so will result in the removal of this case from the Conciliation Conference schedule and the termination of the temporary stay of proceedings under Lacka. Co. R.C.P. 1034(b), 1035.2(b), 1143(d) or 3129.1(e);

CRITICAL

Plaintiffs must forward the Case Management Proposal to all parties after the pleadings close.

the plaintiff(s) shall complete and forward to all parties a Case Management Proposal

CRITICAL

Applies to

Publication notice

Service

Publication

In replevin actions, service by publication requires publishing the notice once in the Lackawanna Jurist and once in a daily newspaper of general circulation in Lackawanna County.

(a) Service upon a defendant by publication in an action in replevin shall be made by publishing once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be substantial in the following form:

CRITICAL

Service

Publication

When heirs and assigns are unknown, publication must be directed to them generally if their unknown status is stated in the complaint or a separate affidavit.

When service is made by publication upon the heirs and assigns of a named former owner or party in interest and said heirs and assigns are unknown, the publication shall be directed to the heirs and assigns generally if within the complaint or by separate affidavit it is stated that the heirs and assigns are unknown.

CRITICAL

Applies to

Post trial motion document

The movant and respondent must serve the trial judge and all other parties with copies of every document filed concerning a post-trial motion.

the movant and respondent of each post-trial motion shall serve copies of each document which they file with reference to any such motion upon the trial judge and all other parties.

CRITICAL

Applies to

Certificate of readiness

A copy of the Certificate of Readiness must be served on all counsel with an interest in the case at least 16 days before filing.

THAT A COPY OF THIS CERTIFICATE OF READINESS HAS BEEN SERVED ON ALL COUNSEL HAVING AN INTEREST IN THE CASE NO LESS THAN 16 DAYS PRIOR TO THE FILING;

CRITICAL

The defendant must serve a copy of the account on the adverse parties to whom the accounting was ordered when the account is filed.

(a) Time for filing Account. When a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days, unless the court shall for cause shown allow a longer time, state the account and file the statement thereof in the office of the Clerk of Judicial Records, and shall at the same time serve a copy of said account upon all adverse parties to whom the defendant has been ordered to account.

CRITICAL

Service

Mail to opposing party

To seek default judgment under this procedure, the plaintiff must send the defendant the repair bill, repairer's affidavit, and notice by registered mail to the defendant's last known address.

and, by sending to the defendant by registered mail directed to his or her last known address, a copy of the repair bill and the affidavit of the person who performed the repairs required by subsection (b) of this rule, together with a notice setting forth the date of the intended assessment of damages,

CRITICAL

Applies to

Application to use deposition as substantive evidence

An application to use deposition testimony as substantive evidence under Pa. R.Civ.P. 4020(a)(3) must be made on reasonable notice to all parties.

(b) An application to the court to use all or part of a deposition of a witness, whether or not a party, as substantive evidence pursuant to Pa. R.Civ.P. 4020(a)(3) shall be made upon reasonable notice to all parties.

CRITICAL

The auditor or master must notify all parties of record when the report is filed.

An auditor of master shall give notice of the filing of the report to all parties of record.

CRITICALCriminal cases

Applies to

Continuance motion

Continuance motions in the specified pretrial period must be served on the defendant and counsel or the Commonwealth, as applicable.

Motions for continuances, if made at any time after the criminal trial list has been prepared but prior to the scheduled trial date, shall be in writing and served on the defendant and his counselor the Commonwealth, as the case may be.

CRITICAL

Confidential information must be served on and made available to the parties, the Court, and appropriate Court staff under the Public Access Policy.

The Confidential Information shall be served on and made available to the parties to the case, the Court and appropriate Court staff, as provided in the Public Access Policy.

CRITICAL

Applies to

Request for conciliation conference

The Request for Conciliation Conference must be served upon counsel for the plaintiff/lender.

The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the Notice of Residential Mortgage Foreclosure Diversion Program and shall be served upon counsel for the plaintiff/lender.

CRITICAL

At least 20 days’ notice of the petition’s presentation must be given to the listed guardian, minor, parents or substitute caregivers and, when applicable, the minor’s spouse.

Twenty (20) days notice of the presentation of such petition shall be given to the guardian, minor, both parents or surviving parent if whereabouts are known or if both parents are deceased or whereabouts unknown, the adult person with whom the minor resides or the superintendent or other official in charge of the institution having custody of the minor, and in all cases of a married minor, the minor's spouse if the whereabouts of such spouse is known.

CRITICAL

Auditors and masters must give hearing notice at least 20 days in advance to Interested Parties or their attorneys of record, but notice of a succeeding hearing given at a properly noticed hearing is sufficient.

Auditors and masters shall give at least twenty (20) days notice of hearings held by them to all Interested Parties or to their attorneys of record in the manner provided in Pa. O.C. Rule 4.2. Notice of succeeding hearings given by the auditor or master at a hearing of which proper notice had been given shall constitute sufficient notice of each such succeeding hearing.

CRITICAL

Service

Publication

If an affidavit establishes that a named former owner's heirs and assigns are unknown, publication must be directed to the former owner and those heirs and assigns generally.

(b) When service is to be made by publication in accordance with subsection (a) above, if an affidavit is filed that the heirs and assigns of a named former owner of the property are unknown, the publication shall be directed to the former owner and his heirs and assigns generally.

CRITICAL

A party requesting taxation of costs must give the Clerk and all other parties ten days’ written notice.

Any party requesting taxation of costs by the Clerk of Judicial Records shall give the Clerk and all other parties ten (10) days written notice of such request.

CRITICAL

Counsel who obtains an argument date must give opposing counsel at least 20 days’ notice.

Counsel obtaining the argument date shall give opposing counsel at least twenty (20) days notice of said argument date.

CRITICAL

Service

Personal service to all parties

(b) by personal notice or certified mail to all Interested Parties of the time and place of the proposed sale at least twenty (20) days prior thereto;

(b) by personal notice or certified mail to all Interested Parties of the time and place of the proposed sale at least twenty (20) days prior thereto;

CRITICAL

After the objection is waived, the deposition must immediately resume on notice to all interested parties and the deponent.

Otherwise, the objecting party or deponent will be deemed to have waived the objection and the taking of the deposition shall be immediately resumed on notice to all interested parties and the deponent.

CRITICAL

For the described residential property, the plaintiff/lender must serve the diversion-program notice on the defendant/borrower unless it was already served.

which serves as the primary residence of the defendant(s)/borrower(s), and unless the defendant(s)/borrower(s) has already been served with the required “Notice of Residential Mortgage Foreclosure Diversion Program” pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b) or 1143(a), the plaintiff/lender must serve a “Notice of Residential Mortgage Foreclosure Diversion Program” upon the defendant(s)/borrower(s) in the format set forth in Form 12 of the Appendix and file an “Affidavit Pursuant to Lacka. Co. R.C.P. 3129.1” in the format set forth in Form 13 attesting either that: (1) the defendant(s)/borrower(s) has not opted to participate in the “Residential Mortgage Foreclosure Diversion Program;” or (2) the defendant(s)/borrower(s), has participated in a court-supervised conciliation conference, but the residential mortgage foreclosure claim has not been resolved and no further conciliation conferences are scheduled.

CRITICAL

Service

Mail

An affidavit documenting service of the notice by registered mail must be filed with the Clerk of Judicial Records within five days after service or as soon thereafter as the signed return receipt is returned.

An affidavit of service by registered mail of such notice shall be filed in the office of the Clerk of Judicial Records within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed, is returned to the plaintiff.

CRITICAL

An eligible defendant/borrower must serve the Request for Conciliation Conference on counsel for the plaintiff/lender.

(e) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversion Program” to be eligible to participate in a court-supervised conciliation conference, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix. The Request for Conciliation Conference shall be filed with the Clerk of Judicial Records within sixty (60) days of service of the “Notice of Residential Mortgage Foreclosure Diversion Program” and shall be served upon counsel for the plaintiff/lender.

CRITICAL

Service

Electronic service

For participating account holders, PACFile's electronic notification upon submission satisfies service requirements.

1. Upon submission of a legal paper for electronic filing, the PACFile system shall provide an electronic notification to other parties and attorneys to the case who are participating in electronic filing that the legal paper has been submitted. This notification upon submission shall satisfy the service requirements of Rules 114(B) and 576(B) on any attorney or party who has established a system account.

CRITICAL

Each party must serve the pre-trial statement on all other parties at least seven days before the conference.

For the pre-trial conference, each party shall submit to the court and serve on all other parties at least seven (7) days prior to the scheduled time of the conference, a pre-trial statement substantially in the form set forth in Plaintiff/Defendant Pre-Trial Conference Statement or such other form as shall be required by the assigned judge.

CRITICAL

Electronic filings must be served under Rules 114(b) and 576(B) on recipients who lack an account or cannot access or use the electronic system.

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

CRITICAL

Service

Publication

In ejectment actions, service by publication must appear once in the Lackawanna Jurist and once in a daily newspaper of general circulation in Lackawanna County.

Service upon a defendant by publication in an action in ejectment shall be made by publishing once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation within Lackawanna County, a notice which shall be substantially in the following form:

CRITICAL

Deadline

24 hours

Counsel must exchange briefs at least 24 hours before argument.

Briefs shall be furnished to the Court and exchanged between counsel at least twenty-four (24) hours prior to the argument.

CRITICALCriminal cases

Notice of a bail-forfeiture order must be promptly given to the surety and defendant at their last-known addresses by personal service or certified mail.

Notice of such order of forfeiture shall be given forthwith to the surety and the defendant at the last-known addresses either personally or by certified mail.

CRITICALCriminal cases

Before a hearing on removal from the approved list, the bondsman or fidelity or surety company must receive at least ten days' notice.

Upon order of the court, after hearing held on not less than ten (10) days notice to the bondsman or fidelity or surety company, the Clerk may remove the name of the bondsman or company from the approved list.

CRITICAL

Service

Mail

The required notice must be sent by registered mail within twenty days after the defendant is served with the complaint.

In any case in which the defendant is required by Pa. R.Civ.P. 2232(a) to give notice of the pendency of an action to recover damages for any injury, not resulting in death, inflicted upon the person of a husband or wife or a minor, such notice shall be given by registered mail within twenty (20) days after service upon the defendant of the complaint.

CRITICAL

Service

Publication

Service must be made once in each of the specified newspapers, with the person served given at least five days after publication to answer.

service shall be accomplished by publication once in the “Lackawanna Jurist” and once in a daily newspaper of general circulation within Lackawanna County. Such publication is to be made in such a manner that the person so served thereby shall have at least five (5) days after publication to answer the legal paper which is served in that fashion.

CRITICAL

The Confidential Information Form and any additional pages must be served on all unrepresented parties and counsel of record.

This form, and any additional pages, must be served on all unrepresented parties and counsel of record.

CRITICAL

Applies to

Transcription notice

If counsel considers a transcript necessary for just disposition of a matter to be argued, counsel must serve written notice on the court reporters’ office and all other parties as soon as practicable and no later than five days after filing the motion or petition.

If in the opinion of counsel for any party a transcription of the testimony or of a prior court proceeding is necessary for the just disposition of a matter to be argued to the court or to an individual judge of the court, that counsel shall serve upon the office of the court reporters and upon all other parties to the action a written notification that such transcription shall be required. Such notice shall be provided as soon as practicable and, in any event, not later than five (5) days after the filing of motion or petition which is to be argued.

CRITICAL

Applies to

Petition and rule to show cause or stay order

Service

Personal service

When a petition seeks appointment or removal of a guardian ad litem for an incompetent party, the petition and resulting rule to show cause or stay order must be personally served on the incompetent immediately after filing.

In every case in which a petition is filed for the appointment or removal of a guardian ad litem for an incompetent party, a copy of the petition and the rule to show cause or stay order issued thereon shall be served personally on the incompetent immediately upon the filing of the petition.

CRITICAL

Applies to

Notice of residential mortgage foreclosure diversion program

Before filing for summary judgment in a qualifying residential mortgage foreclosure action, the plaintiff/lender must serve the defendant/borrower with the Form 11 notice unless it was already served under Rule 1143.

(b) As a condition precedent to the filing of a motion for summary judgment in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a “Notice of Residential Mortgage Foreclosure Diversion Program” in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka. Co. R.C.P. 1143.

CRITICAL

Applies to

Confidential document form and additional pages

The form and any additional pages must be served on all unrepresented parties and counsel of record.

This form and any additional pages must be served on all unrepresented parties and counsel of record.

CRITICAL

The auditor must give the parties or their attorneys written notice of the hearing’s time and place two weeks in advance.

The auditor shall give two weeks notice in writing to the parties on their attorneys of record of the time and place fixed for the hearing on the matter.

CRITICALCriminal cases

After a hearing date is set, the District Attorney must notify all parties involved.

After the hearing date has been set, the District Attorney will then notify all parties involved.

CRITICAL

At least 15 days before filing a Certificate of Readiness, the filing party or lawyer must advise all counsel of record and self-represented parties of the intent to file.

At least fifteen (15) days prior to the filing of a Certificate of Readiness, the party or lawyer seeking to certify the case for trial must advise all counsel of record and self-represented parties of the intention to file a Certificate of Readiness.

CRITICAL

Applies to

Requested points for charge

At the beginning of trial, each party's counsel must furnish its requested points for charge to the judge and opposing counsel, unless the court allows or directs otherwise.

Counsel for each party shall furnish that party's requested points for charge to the judge and to opposing counsel at the beginning of the trial unless otherwise allowed or directed by the court.

CRITICAL

Electronic filings must be served under Rules 167(B) and 345(B) on persons without a UJS account or unable to access or use the system.

Service of electronic filings on any attorney or party who has not established a UJS web portal account or who is unable to file or receive legal papers electronically or otherwise unable to access the system shall be made by the procedures provided under Rules 167(B) and 345(B).

WARNING

After the certification or designation order is filed, the Court Administrator must assign a judge, promptly schedule a status conference, and forward notice to counsel and unrepresented parties.

Once a Certification for Protracted Case Designation or an Order of Court designating a case as a protracted case has been filed, the Court Administrator shall assign the case to a judge of the court on a rotating basis and shall promptly schedule a status conference before the assigned judge and forward notice of that conference to all counsel of record and unrepresented parties.

WARNING

In a case in which a defendant is incompetent, the notice required by Pa. R.Civ.P. 2056(b) may be given by personal service or by registered mail.

In a case in which a defendant is incompetent, the notice required by Pa. R.Civ.P. 2056(b) may be given by personal service or by registered mail.

WARNING

When the objection is waived in other cases, the deposition resumes on reasonable notice to interested parties and the deponent.

In all other cases, the motion must be in writing and presented to the Discovery Motions Court Judge as provided in Lacka.Co.R.C.P. 4000 herein except that, upon failure to present such motion within fifteen (15) days of the suspension of the taking of the deposition, the objecting party or deponent will be deemed to have waived the objection whereupon the taking of the deposition shall be resumed on reasonable notice to all interested parties and deponent.

WARNING

Service

Mail

If the guardian refuses the registered letter and no signed receipt is returned, the plaintiffs may serve by ordinary mail to the same address with the sender’s return address shown.

If the letter is returned by the post office without a receipt signed by the guardian but with the notation by the postal authorities that the guardian refused to accept the letter, the plaintiffs shall have the right of service by ordinary mail addressed to the guardian of the incompetent at the same address with the return address of the sender appearing thereon.

WARNING

Service

Publication

When publication service is available under Pa. R.Civ.P. 3112(c), the plaintiff may publish notice once in the Lackawanna Jurist and once in a daily newspaper of general circulation in Lackawanna County.

When service by publication may be had under Pa. R.Civ.P. 3112(c), the plaintiff may cause service to be made by publication once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be in substantially the following form:

WARNING

Attorneys and self-represented parties unable or unwilling to e-file may serve legal papers in physical paper format.

Attorney 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.

WARNING

Applies to

Transcript copy

After the original transcript is delivered to the filing office, paper or electronic copies must be delivered to the ordering parties.

(5) Upon payment of the total cost of the transcript, the court reporter shall obtain the signature of the presiding judge on the original transcript and deliver the original transcript in paper format to the appropriate filing office. After the original transcript has been delivered to the appropriate filing office, paper and/or electronic copies shall be delivered to the ordering parties.

WARNING

The listed pretrial and case-dispositive motions must be directed to and served upon the assigned judge, who decides them.

All preliminary objections, motions for judgment on the pleadings, motions for summary judgment, and other case dispositive motions, discovery motions, and other pre-trial motions will be addressed to, served upon and decided by the assigned judge.

WARNING

After a protracted case is assigned, its case-dispositive, discovery, and other pretrial motions must be directed to and served upon the assigned judge, who decides them.

After a case has been designated as a protracted case and assigned to a judge, all case dispositive motions, discovery motions, and other pre-trial motions in a protracted case will be addressed to, served upon and decided by the assigned judge.

WARNING

Service

Mail to all parties

The Court Administrator must mail arbitration-hearing notice to all counsel of record and pro se parties.

Notice of hearing in arbitration cases will be provided by the Court Administrator by mail to all counsel of record and pro se parties.

INFO

The Court may direct a different form of notice by special order.

(c) by such other notice as the Court may by special order direct.

INFO

Attorneys and self-represented parties unable or unwilling to participate in electronic filing may serve legal papers in physical paper format.

3. 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.

INFO

When notice of a securities sale is required, the sheriff may give it by prepaid first-class mail to the defendant’s last known residence and by posting handbills at the sheriff’s office.

When notice to a defendant of the sale of securities is required by Pa. R.Civ.P. 3130, such notice may be given by the sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the sheriff’s office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom such sale will be made, and the date when the securities will be offered for sale.

INFO

In a jury case, the assigned trial judge provides notice of trial.

Notice of trial in a jury case will be provided by the judge to whom the case has been assigned for trial.