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

CRITICALCriminal cases

Applies to

Court order

A copy of the post-hearing court order must be promptly forwarded to Lancaster County Prison.

A copy of the Court’s Order following the hearing shall be promptly forwarded to the Lancaster County Prison.

CRITICAL

A party expecting to offer Rule 701 lay opinion testimony on liability or damages must provide opposing parties supporting information or documents when expert reports are due.

Any party expecting to offer lay opinion testimony pursuant to Pennsylvania Rule of Evidence 701 regarding issues of liability or damages shall provide the opposing parties with information or documents supporting the testimony at the time required for submission of expert reports.

CRITICAL

The continuance request must be filed with the Lancaster County Prothonotary, with copies sent to all parties or attorneys.

This request must be filed with the Lancaster County Prothonotary with copies sent to all parties/attorneys to this action

CRITICAL

Applies to

Urgent notice

For a qualifying residential mortgage foreclosure case commenced on or before July 31, 2021, a plaintiff lender filing a summary-judgment or judgment-on-the-pleadings motion must serve the defendant homeowner with the Urgent Notice substantially in Form 2.

Any plaintiff lender who files a motion for summary judgement or a motion for judgment on the pleadings in any residential mortgage foreclosure case which was commenced on or before July 31, 2021, and which would be an eligible action for the Foreclosure Diversion Program if it had been filed after that date, must also serve on the defendant homeowner the Urgent Notice substantially in the form attached as For “2.”

CRITICAL

Applies to

Legal notice

Service

Publication

Legal notices must be published in the Lancaster Law Review.

The Lancaster Law Review is designated as the legal publication for the publication of legal notices.

CRITICAL

Deadline

5 business days

The pre-trial statement must be furnished to the other party at least five business days before the scheduled conference.

The parties shall also prepare and furnish to the master and other party, at least five business days prior to the date scheduled for conference, a pre-trial statement as described in Pa.R.C.P. No. 1920.33(b).

CRITICAL

Criminal warrants must be issued to the originating Police Department, with a copy sent to the Sheriff’s Office.

All Criminal Warrants shall be issued to the Police Department of origin with a copy of the warrant being sent to the Sheriff’s Office.

CRITICALCriminal cases

Applies to

Petition

Petitions must be served on the District Attorney’s Office, which has ten days to respond.

All petitions for exoneration or remittance must be served on the Office of the District Attorney, who shall have ten (10) days to respond to the petition.

CRITICALCriminal cases

Copies of all pre-trial orders must be provided to the President Judge, the District Court Administrator, and counsel.

Copies of all pre-trial orders shall be provided to the President Judge, the District Court Administrator and counsel.

CRITICAL

Applies to

Brief

A party must file a brief with the Prothonotary and serve copies; the excerpt does not state the recipients or complete the service instruction.

A party shall file a brief with the Prothonotary and shall serve copies

CRITICAL

Applies to

Notice

Service

Publication

Required notice must be published under Pa. R.Civ.P. No. 430 and Local Rule 430.

A. The notice shall be given by publication pursuant to Pa. R.Civ.P. No. 430 and Local Rule 430.

CRITICAL

A copy of each specific jury-instruction request must be provided to opposing counsel.

With respect to specific requests, they shall be submitted in writing 5 business days prior to trial with a copy being provided to opposing counsel.

CRITICALCivil cases

Service

Publication

Publication must run once each week for two successive weeks in a newspaper of general circulation and, if any, a legal periodical.

Publication shall be made by advertising once each week for two successive weeks in the newspaper of general circulation and in the legal periodical, if any.

CRITICAL

For authorized alternate service, the Certification Cover Sheet and Urgent Notice must be posted on the property with the initial stay Order if applicable, and mailed when the authorizing order permits mail service.

If service of the complaint is to be effectuated by alternate service as provided by Pa.R.C.P. No. 410 and Pa.R.C.P. No. 430, the Certification Cover Sheet and the Urgent Notice shall be posted on the property along with the initial stay Order, if applicable, and served via mail if such service of the complaint is authorized by the court order authorizing alternate service.

CRITICAL

Applies to

Residential mortgage foreclosure complaint

The applicable Urgent Notice must be affixed to the complaint copy served on the defendant homeowner.

shall be affixed to the copy of the complaint to the served upon the defendant homeowner

CRITICALCriminal cases

Applies to

New bail bond

2. Where the modified bail does not have a monetary condition, the magisterial district judge shall transmit by facsimile or other electronic means a new bail bond to the Lancaster County Prison, whereupon prison personnel shall act as the authorized agent of the magisterial district judge and secure the defendant’s execution of the new bail bond.

2. Where the modified bail does not have a monetary condition, the magisterial district judge shall transmit by facsimile or other electronic means a new bail bond to the Lancaster County Prison, whereupon prison personnel shall act as the authorized agent of the magisterial district judge and secure the defendant’s execution of the new bail bond.

CRITICAL

The Sheriff’s return of service must record service of the complaint, Certification Cover Sheet, Urgent Notice, and, if applicable, the initial stay Order.

H. Service: The Lancaster County Sheriff shall file a return of service which shall indicate the service of the Certification Cover Sheet and the Urgent Notice along with the service of the complaint. The return of service shall also indicate service of the initial stay Order, if applicable.

CRITICAL

A party filing a praecipe to Transmit Record must notify the opposing party and file proof of service within five days of filing.

Any party filing a praecipe to Transmit Record shall give notice to the opposing party and shall file proof of service of that notice within five days of filing.

CRITICALCriminal cases

The moving party must include the Office of Bail Administration as a party to be served when the defendant is under its active supervision.

Moving party shall included the Office of Bail Administration as a party to be served if the defendant is under active supervision with their office.

CRITICALCriminal cases

Deadline

24 hours

The moving party must serve the motion and conference details at least 24 hours before the conference, or, in an emergency where that notice is impossible, provide the motion to opposing counsel as soon as possible before scheduling the conference.

At least twenty-four hours before the conference, the moving party shall serve a copy of the motion on the opposing party or counsel for the opposing party, including notice of the date, time and place of the conference. In emergency matters in which it is not possible to provide twenty-four hours notice, the moving party shall provide opposing counsel with a copy of the motion as soon as possible prior to the scheduling of the conference.

CRITICAL

Applies to

Discovery motion

The serving party must attach proof of service to the discovery motion.

The serving party shall attach proof of service to the discovery motion.

CRITICAL

Applies to

Case management order

The Prothonotary must serve the Case Management Order on the plaintiff’s attorney and the defendant.

The Prothonotary shall serve a copy of the Case Management Order (“CMO”) on the plaintiff’s attorney and on the defendant.

CRITICALCriminal cases

Service

Electronic service

PacFile use certifies acceptance of electronic notice and service, and electronic filing satisfies service on account holders; parties proceeding without counsel must be served by traditional methods.

E. Use of the PacFile system shall constitute as the filer’s certification that the electronic notice and service of other documents through the Pacfile system will be accepted by the filer. The submission of an electronic filing shall satisfy the service requirements of Pa.R.Crim.P. 576 on any attorney or party who has established an account as provided in subsection C. Service of electronic filings on any party proceeding without counsel shall be made by the traditional methods required under Pa.R.Crim.P. 576.

CRITICAL

Only the Lancaster County Sheriff’s Office may forward a copy of a bench warrant or arrest warrant to a Constable for service.

2. The Lancaster County Sheriff’s Office has exclusive authority to forward for service a copy of any bench warrant or warrant of arrest to any Constable.

CRITICAL

Service

Email

A copy of the continuance request must be emailed to the Program Coordinator.

and a copy submitted to the Program Coordinator via email at cddp@lancastercountypa.gov

CRITICAL

Applies to

Post trial motion

A party filing a post-trial motion must serve a copy on the trial judge the same day it is filed.

The party filing a post-trial motion shall serve a copy of the motion on the trial judge on the same day the motion is filed.

CRITICALCivil cases

Applies to

Rule and petition

When an interested party is represented, the rule and petition must be served on that party’s representative or representatives under Pa. O.C. Rule 4.2.

If any interested party (whether sui juris or not) is represented by another (including but not limited to attorneys, guardians or agents), the rule and petition shall be served upon the interested party’s representative(s) pursuant to Pa. O.C. Rule 4.2.

CRITICALCriminal cases

Copies of all Pretrial orders must be provided to the President Judge, the District Court Administrator, and counsel.

Copies of all Pretrial orders shall be provided to the President Judge, the District Court Administrator and counsel.

CRITICAL

Before terminating an inactive summary matter, the judge must give written notice at least 30 days in advance to counsel of record and unrepresented parties, in person or by mail to their last address of record.

Before any such termination, the magisterial district judge shall give at least thirty days notice in writing to counsel of record and unrepresented parties of impending termination. Such notice shall be given in person or by mail to the last address of record of the parties or their counsel of record (including the District Attorney and Public Defender) and shall minimally consist of the name of the defendant, docket number, a brief description of the charge and date the offense was filed.

CRITICAL

The appellant must notify the local agency and specified participants, including the applicant when applicable, the landowners, and all other recognized parties, and file proof of service.

The Prothonotary shall give notice of the return of the local agency’s record to appellant who shall, within four days after receipt of the notice, notify the local agency, the applicant before the local agency (if appellant was not the applicant), the legal and equitable owner of the land which was the subject of the application and all other persons recognized as parties to the local agency’s proceedings. Appellant shall file proof of service.

CRITICAL

Applies to

Discovery motion

A copy of the discovery motion and notice of its presentation must be served on all parties by 5:00 p.m. on the Tuesday before the scheduled court date.

A copy of the discovery motion, along with notice of when it will be presented, shall be served upon all parties no later than 5:00 p.m. on the Tuesday preceding the scheduled court date.

CRITICAL

After an e-filing is accepted, the filing party must provide the sheriff with the proper service fee and documents for original service and writs; the CountySuite Portal does not provide legal service.

Once an E-Filing has been accepted by the Prothonotary it shall be the responsibility of the filing party to provide to the sheriff the proper service fee and documents for original service and writs. The CountySuite Portal does not include legal service.

CRITICAL

The sheriff must file a return indicating service of the complaint.

The sheriff shall file a return of service which shall indicate the service of the complaint.

CRITICAL

Applies to

Motion or petition with proposed order and notice

The motion or petition, proposed Order, and notice of presentation must be provided to all parties at least five days before presentation to the Court.

motion or petition with proposed Order, as well as notice of when and where it will be presented, must be provided to all parties at least five days before presentation to the Court.

CRITICAL

Applies to

Companion order

If a companion order is issued, the plaintiff must serve it with the complaint.

The Plaintiff shall serve the companion order with the complaint.

CRITICAL

A party requesting an ordinary transcript must file the original request with the designated filing office and serve copies on the listed recipients.

B. For an ordinary transcript, the party requesting the full or partial transcript of a trial or other proceeding shall file the original request with the Clerk of Courts, Prothonotary, or Orphans’ Court. The requesting party shall serve copies of the formal request to: 1. The Presiding Judge 2. The court reporter(s) assigned to the proceeding 3. The Chief Court Reporter 4. Opposing counsel or party, if party is unrepresented

CRITICAL

A Constable must possess the hard copy of a warrant before initiating contact with its subject.

3. The Constable shall be in possession of the hard copy of the warrant to initiate contact with the subject of the warrant.

CRITICALCriminal cases

Applies to

Order

A defendant proceeding under F(2) must comply with the electronic-transmission-and-mail procedure in E(3) and serve a certified copy of the order on the prison.

A defendant proceeding under F(2) shall comply with E(3) and shall serve a certified copy of the order on the Lancaster County Prison.

CRITICAL

Applies to

Custody complaint or conference request

The moving party must serve the complaint and order or motion under the Pennsylvania Rules of Civil Procedure and file proof of service.

E. The moving party shall serve the complaint and order or motion in accordance with the Pennsylvania Rules of Civil Procedure and shall file a proof of service.

CRITICAL

For deputized service, the complaint must be accompanied by the Certification Cover Sheet and Urgent Notice and, if applicable, the initial stay Order; the return must record service of that Order.

The Certification Cover Sheet and the Urgent Notice shall accompany any complaint to be served by deputized service. The initial stay Order, if applicable, shall also accompany any complaint to be served by deputized service, and the return of service shall indicate that this Order was served.

CRITICAL

A warrant not previously issued to the Sheriff’s Office must be provided to that office immediately upon request.

c. Any warrant not previously issued to the Sheriff’s Office shall be provided immediately to the Lancaster County Sheriff’s Office upon request.

CRITICAL

Applies to

Discovery motion

Failure to serve the discovery motion and notice is grounds for dismissal.

Failure to serve the motion and notice shall be grounds for dismissal.

CRITICALCriminal cases

Defense counsel must serve a copy of the entry of appearance on the attorney for the Commonwealth.

Counsel for defendant shall file an entry of appearance with the Clerk of Courts promptly after being retained, and serve a copy of the entry of appearance on the attorney for the Commonwealth.

CRITICAL

The appellant must notify the agency and specified participants of the record’s return and file proof of service.

The Prothonotary shall give notice of the return of the agency’s record to appellant who shall, within four days after receipt of the notice, notify the agency, the applicant before the agency (if appellant was not the applicant) and all other parties to the local agency’s proceedings. Appellant shall file of proof of service.

CRITICAL

Service

Mail

The appellant must serve the petition by certified mail on the listed recipients within ten days after filing it.

Within ten days after filing the petition, the appellant shall, by certified mail, serve copies of the petition on the Board, the County solicitor, the municipality in which the tax parcel is located, the school district in which the tax parcel is located and the property owner.

CRITICAL

Applies to

Pretrial statement

Expert reports and other proposed exhibits must accompany the pre-trial statement served on the other party or opposing counsel, but must not be included with the court-served statement.

Any reports of experts and other proposed exhibits shall be included as part of the pre-trial statement served upon the other party or opposing counsel, but not included with the pretrial statement served upon the court.

CRITICAL

Applies to

Discovery motion

Service

Mail

Mail service must be postmarked by the Friday before the scheduled court date, or by the preceding Thursday when Monday is a holiday.

If service of the motion is made by first class mail, the mailing must be postmarked no later than Friday preceding the scheduled court date. In the event of a Monday holiday, service, if sent by mail, shall be postmarked by the preceding Thursday.

CRITICAL

Bench warrants and arrest warrants must be processed through the centralized warrant control operated by the Lancaster County Sheriff’s Office.

All bench warrants and warrants of arrest shall be processed through a centralized warrant control located and operated by the Lancaster County Sheriff’s Office as follows:

CRITICAL

Changes to pre-trial lists require prompt notice by filing a supplemental statement with the master and serving it on the other party; proof of service must be filed with the supplemental report.

Prompt notice of changes in the list of witnesses, exhibits or documents is made by filing with the master and by serving the other party with a supplemental pre-trial statement. A proof of service shall be filed with the supplemental pre-trial report pursuant to Local Rule 440.

CRITICAL

Applies to

Discovery motion

Service

Personal service

The discovery motion may be hand-delivered through 5:00 p.m. on the Tuesday before the scheduled court date.

Hand delivery of the motion may be made until 5:00 p.m. on the Tuesday preceding the scheduled court date.

CRITICAL

Bills of costs must be filed and served within ten days after the entry of a judgment or decree.

Bills of costs must be filed and served within ten days after the entry of a judgment or decree.

CRITICALCriminal cases

A written motion to withdraw must be filed with the clerk of courts, with a copy concurrently served on the attorney for the Commonwealth and the defendant.

A motion to withdraw shall be: a. Filed with the clerk of courts, and a copy concurrently served on the attorney for the Commonwealth and the defendant; or

CRITICALCriminal cases

Applies to

Order

For the listed bail changes in cases pending in Court or an appellate court, the Clerk of Courts must immediately serve the order on the prison by fax or other electronic means.

In cases pending in Court or in an appellate court, the Clerk of Courts shall immediately serve the Lancaster County Prison a copy of the order by facsimile or other electronic means when the order accomplishes any of the following: 1. Reinstates bail to a monetary condition where the bail has previously been posted and not withdrawn; 2. Reinstates bail to ROR, unsecured or a non-monetary condition; or 3. Modifies bail to ROR, unsecured or a non-monetary condition.

CRITICAL

A warrant issued in a Summary Case must be issued to the Sheriff’s Office.

b. Any warrant issued in a Summary Case shall be issued to the Sheriff’s Office.

CRITICAL

Any plaintiff who files a motion for summary judgment or a motion for judgment on the pleadings in any consumer credit card collection case that was commenced on or before December 31, 2021, must also serve on the defendant: (a) a copy of the Notice of Consumer Credit Card Collection Diversion Program and Certification Regarding Eligibility of Action, in the form attached hereto as Form “5,” giving the defendant in that pending action notice of the availability of the Program; and (b) an Application for Entry, in the form attached hereto as Form “6,” allowing the defendant to request placement in the program and a stay of proceedings.

Any plaintiff who files a motion for summary judgment or a motion for judgment on the pleadings in any consumer credit card collection case that was commenced on or before December 31, 2021, must also serve on the defendant: (a) a copy of the Notice of Consumer Credit Card Collection Diversion Program and Certification Regarding Eligibility of Action, in the form attached hereto as Form “5,” giving the defendant in that pending action notice of the availability of the Program; and (b) an Application for Entry, in the form attached hereto as Form “6,” allowing the defendant to request placement in the program and a stay of proceedings.

CRITICAL

The petition must be served under Pa. R.Civ.P. 440, with proof of service under Local Rule 440.1.

Service shall be pursuant to Pa. R.Civ.P. 440, and proof of service shall be pursuant to Local Rule 440.1.

CRITICAL

A party filing exceptions to a master’s report must serve a copy on all parties.

A party filing exceptions to a master’s report shall also file a praecipe in the Prothonotary’s office to list the exceptions for argument and shall serve all parties with a copy.

CRITICAL

Applies to

Complaint

Service

Mail

If a property owner is not a defendant, the Plaintiff must mail that owner the complaint, Certification Cover Sheet, and applicable Urgent Notice.

G. Notice to Non-Defendant Homeowners: If any owner to the subject property is not also a defendant to the action, Plaintiff must also mail a copy of the complaint, Certification Cover Sheet, and applicable Urgent Notice to any additional non- defendant homeowners.

CRITICALCivil cases

Notice of the adoption hearing must be given to each person whose consent is required and anyone else directed by the Court.

Notice of the adoption hearing shall be given to each person whose consent to the adoption is required and to such other persons directed by the Court.

CRITICALCivil cases

The petitioner must give all parties notice of the order at least 20 days before the specified date.

The petitioner shall provide notice of the entry of this Order to all parties, at least 20 (twenty) days prior to ____________, pursuant to Pa. O.C. Rule 4.2.

CRITICALCriminal cases

Applies to

Motion and scheduling order

The Clerk of Courts must serve the motion and scheduling order on all parties' counsel or unrepresented parties and include the hearing date, time, and place.

C. The Clerk of Courts Office will serve a copy of the motion and scheduling order to counsel for all parties, or upon any unrepresented parties, including notice of the date, time, and place of the scheduled hearing.

CRITICAL

The appellant must file proof of service for the petition service.

Within twenty days thereafter, the appellant shall file a proof of service.

CRITICAL

The Certification Cover Sheet and applicable Urgent Notice are served on the defendant homeowner with the foreclosure complaint.

This Certification Cover Sheet and the applicable Urgent Notice are being served upon the defendant homeowner along with the complaint in mortgage foreclosure.

CRITICAL

The petitioner must provide all parties notice that the order was entered.

The petitioner shall provide notice of the entry of this Order to all parties.

WARNING

Exhibits should be exchanged in accordance with the certification order.

Exhibits should be pre-marked and exchanged in accordance with the certification order.

WARNING

Applies to

Proof of service

A proof of service must conform to Pa. R.A.P. No. 122.

A proof of service shall conform to Pa. R.A.P. No. 122.

WARNING

Applies to

Exhibits

Exhibits should be pre-marked and exchanged in accordance with the final pretrial order.

Exhibits should be pre-marked and exchanged in accordance with the final pretrial order.

WARNINGCriminal cases

Applies to

Order

In other cases pending before the Court or an appellate court, the Clerk need not serve the order on the prison until the full monetary bail condition is satisfied, unless the Court orders otherwise.

In all other cases pending before the Court or in an appellate court, the Clerk of Courts, unless the Court explicitly orders to the contrary, shall not be required to serve the Lancaster County Prison a copy of the order until the actual satisfaction of the full amount of any monetary condition of bail.

WARNINGCriminal cases

Service

Mail

The defendant must be notified of acceptance or rejection by first-class United States mail.

A defendant shall be notified by first class United States mail of acceptance or rejection.

WARNING

Electronic filing does not itself constitute service of a document.

Electronic filing does not include service of any documents.

WARNING

Applies to

Notice

After withdrawal of the limited appearance, further notices should be sent directly to the defendant at the stated address.

All further notices should be sent directly to [name of defendant(s)], at [set forth last known address for this party]

WARNING

Applies to

Discovery motion

Service

Email to all parties

Parties may serve discovery motions by email if the serving party confirms receipt by all other parties.

The parties may serve discovery motions by email, provided that receipt of the email by all other parties is confirmed by the serving party.

WARNING

Applies to

Notice to produce

Any other party may serve a notice requiring the filing party to produce the signed hard copy for inspection within fourteen days after service of the notice.

Any other party at any time may serve upon the filing party a notice to produce for inspection the signed hard copy within fourteen days of the service of the notice.

INFO

After the briefing sequence, any party may file and serve a praecipe stating that the appeal is ready for disposition and requesting its forwarding to the assigned judge.

Any party may thereafter file and serve a praecipe stating that the appeal is ready for disposition and requesting the Prothonotary to forward it to the assigned judge.

INFOCriminal cases

Applies to

Order

For cases pending before a magisterial district judge, an order may be served by the Clerk's delivery of a certified copy by mail, the moving party's personal service, or the moving party's simultaneous electronic transmission and mailing of a certified copy.

E. In cases pending before a magisterial district judge, service of an order on the magisterial district judge, may be effected by any of the following: 1. The Clerk of Courts’ delivery of a certified copy by regular or interdepartmental mail; 2. The moving party’s personal service of a certified copy at the regular office of the magisterial district judge; or 3. The moving party’s transmitting a copy to the magisterial district judge by facsimile or other electronic means and simultaneously sending a certified copy to the magisterial district judge by regular or interdepartmental mail.

INFO

Interested parties should be given notice of a request for an order to destroy exhibits.

All interested parties should be given notice of the request for an order to destroy the exhibits.