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

CRITICAL

For an uncontested motion, the moving party or counsel must provide timely written notice to all other parties of the motion, proposed order, and presentation date and time.

The moving party or counsel shall certify by a certificate attached to the motion that timely written notice to all other parties of the motion, proposed order, and date and time of presentation, have been provided and includes the date and manner of notice, and that the motion is uncontested.

CRITICAL

Applies to

Preliminary objections

A certificate documenting service of preliminary objections on all opposing counsel and unrepresented parties is required.

All preliminary objections shall be accompanied by a certificate certifying that a true and correct copy of the preliminary objections has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.

CRITICAL

Each party must serve the conciliation conference statement on opposing counsel and any unrepresented party at least ten days before the conference.

At least ten (10) days prior to the conciliation conference, each party shall file and serve upon opposing counsel, and any unrepresented party, a conciliation conference statement.

CRITICAL

Applies to

Custody petition and criminal record abuse history verification forms

Serve the specified filed documents and a blank verification form on the opposing party by personal service or first-class and restricted-delivery certified mail, then file a certificate of service.

The filing party must serve a copy of the filed Petition for Modification of a Custody Order, the filed Criminal Record/Abuse History Verification Form, and a blank Criminal Record/Abuse History Verification Form (for the defendant to complete and file) upon the opposing party in accordance with Pa.R.Civ.P. 1930.4 by (1) personal service; or (2) first class mail and certified mail, restricted delivery. A certificate of service must be filed with the Prothonotary’s Office following proper service.

CRITICAL

Applies to

Summary judgment motion

The moving party must serve the face sheet of a motion for summary judgment on the District Court Administrator.

Motions for summary judgment shall be filed with the Prothonotary, and the moving party shall serve a copy of the face sheet of the motion on the District Court Administrator.

CRITICAL

The court will not consider a contested motion unless notice has been provided to opposing counsel as required by the referenced subdivision.

No contested motion shall be considered by the court unless notice to opposing counsel has been provided in conformity with subdivision (a)(?) of this Rule.

CRITICAL

Applies to

Summary judgment motion

A certificate documenting service of a motion for summary judgment on all opposing counsel and unrepresented parties is required.

All motions for summary judgment shall be accompanied by a certificate, certifying that a true and correct copy of the motion for summary judgment has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.

CRITICAL

Service

Mail to all parties

The praecipe’s certification states that the notice was served on all counsel of record and any unrepresented party by first-class United States mail.

I hereby certify that I have served a copy of a Notice to Complete Discovery and Dispositive Motions upon all counsel of record and any unrepresented party by First Class , United States Mail on

CRITICAL

Every party must serve the pretrial statement on opposing counsel and any unrepresented party at least 10 days before the pretrial conference.

At least 10 days prior to the pretrial conference, every party shall file and serve upon opposing counsel and any unrepresented party a pretrial statement.

CRITICAL

Applies to

Certificate

The board, agency, or equivalent body must serve a copy of the certificate on the District Court Administrator.

A copy of the certificate shall be served by the board, agency or body upon the District Court Administrator.

CRITICAL

Applies to

Orders decrees judgments

Service

Court service

The Prothonotary is responsible for serving all orders, decrees, and judgments in accordance with Pa.R.C.P. 236.

The Prothonotary, in accordance with Pa.R.C.P. 236, shall be responsible for serving all orders, decrees, and judgments.

CRITICAL

Applies to

Post trial relief motion and transcript documents

The moving party must serve the motion face sheet, transcript order, and transcript request form on the District Court Administrator and responsible stenographer or stenographers.

The moving party shall serve a copy of the face sheet of the motion for post-trial relief, order for transcript, and request for transcript form upon the District Court Administrator and responsible court stenographer(s).

CRITICAL

Applies to

Motion for judgment on the pleadings

A certificate documenting service of a motion for judgment on the pleadings on all opposing counsel and unrepresented parties is required.

All motions for judgment on the pleadings shall beaccompanied by a certificate certifying that a true and correct copy of the motion has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.

CRITICAL

The Sheriff must serve a writ of execution naming the debtor's employer as garnishee in accordance with Pa.R.C.P. 3108 or its replacement rules.

Service of a writ of execution naming a judgment debtor's employer as garnishee shall be made by the Sheriff in accordance with Pa.R.C.P. 3108 or any Rules or Rules of Civil Procedure promulgated to replace Pa.R.C.P. 3108.

CRITICAL

Applies to

Petition

(c) The petition shall have attached a proposed preliminary order, which shall provide: (4) That within five (5) days from the date ofthe preliminary order, appellant shall serve a copy of the petition and the Prothonotary shall serve a copy of the preliminary order upon the Board of Assessment Appeals, the Board of Commissioners of Lawrence County, the governing bodies of the school district and each municipality in which the real estate is situate, and upon the property owner, if the appellant is not the property owner.

(c) The petition shall have attached a proposed preliminary order, which shall provide: (4) That within five (5) days from the date ofthe preliminary order, appellant shall serve a copy of the petition and the Prothonotary shall serve a copy of the preliminary order upon the Board of Assessment Appeals, the Board of Commissioners of Lawrence County, the governing bodies of the school district and each municipality in which the real estate is situate, and upon the property owner, if the appellant is not the property owner.

CRITICAL

Applies to

Orders decrees judgments

After original service of process, the Prothonotary must serve orders, decrees, and judgments by ordinary first-class mail or facsimile transmission in accordance with Pa.R.C.P. 236(d).

After original service of process, all orders, decrees and judgments served by the Prothonotary shall be served by ordinary first class mail or via facsimile transmission in accordance with Pa.R.C.P. 236(d).

CRITICAL

The Praecipe shall be in the form as prescribed by this Rule and include a certification that counsel for the moving party has provided reasonable advanced notice to all opposing counsel and unrepresented parties that the case is being scheduled for an arbitration.

The Praecipe shall be in the form as prescribed by this Rule and include a certification that counsel for the moving party has provided reasonable advanced notice to all opposing counsel and unrepresented parties that the case is being scheduled for an arbitration.

CRITICAL

Plaintiff's counsel must serve the rule on the annuity issuer and file proof of service with the Prothonotary within 30 days after court approval of the contract.

Plaintiff's counsel shall serve a copy of this Rule upon the company issuing the annuity contract, and file proof of such service with the Prothonotary within 30 days following the court's approval of any such annuity contract.

CRITICALCivil cases

Service

Publication

The petitioner must publish notice of the petition filing and hearing date in two newspapers of general circulation in the county; one may be the county’s official legal-notices paper.

The petitioner is directed to give notice of the filing of the petition and of the date of the hearing by publication in two newspapers of general circulation in this County, one of which may be the official paper for the publication of legal notices in this county.

CRITICAL

Copies of all such exhibits shall be served on opposing counsel or unrepresented parties with the pretrial statement.

Copies of all such exhibits shall be served on opposing counsel or unrepresented parties with the pretrial statement.

CRITICALCivil cases

Service

Publication

The petitioner must publish notice in two qualifying newspapers and give notice to any nonpetitioning parent whose child's name may be affected.

On the filing of the petition, the court will enter an order directing the petitioner to give notice of the filing of the petition and of the date set for a hearing on the petition. The notice must be published in two newspapers of general circulation in the county or a contiguous county, one of which may be the official paper for the publication of legal notices in the county, and must in addition be given to any nonpetitioning parent of a child whose name may be affected by the proceedings.

CRITICAL

Applies to

Preliminary objections

The moving party must serve the face sheet of preliminary objections on the District Court Administrator.

Preliminary objections shall be filed with the Prothonotary, and the moving party shall serve a copy of the face sheet of the preliminary objections on the District Court Administrator.

CRITICAL

A continuance motion requires written notice to all parties before it is presented.

Except as otherwise provided in Rule L1304 regarding compulsory arbitration cases, any motion for continuance, whether contested or uncontested, shall be presented to the Office of the District Court Administrator during normal business hours following written notice to all parties.

CRITICAL

Applies to

Petition for allowance of appeal

The appellant must serve a copy of the petition for allowance of appeal on the District Court Administrator.

(b) The petition for allowance of appeal shall be filed with the Prothonotary. The appellant shall serve a copy of the petition for allowance of appeal upon the District Court Administrator.

CRITICAL

The moving party must serve the motion and any proposed order on all counsel of record and unrepresented parties.

The moving party shall be responsible for serving copies of the motion and any proposed order upon all counsel of record and unrepresented parties.

CRITICAL

A copy of the face sheet accompanying the praecipe must be served on the District Court Administrator.

The court shall schedule oral argument only upon praecipe filed with the prothonotary, with a copy of the face sheet served on the District Court Administrator in accordance with the following schedule:

CRITICAL

Applies to

Preliminary order

Proof of service of the preliminary order must be filed of record by the Prothonotary.

(e) The Prothonotary shall file of record a certificate or affidavit of service of the preliminary order stating to whom service was made and the method and date of service.

CRITICAL

The Prothonotary must serve the writ of certiorari on the board, agency, or equivalent body from which the appeal was taken.

Upon the filing of the appeal, the Prothonotary shall immediately issue a writ of certiorari and properly serve it on the municipal hearing board or local agency equivalent body from which the appeal was taken directing the board, agency or body to transmit a copy of the record required to be established by the board, agency or body in hearing the matter and issuing a decision, within 20 days of notice of the writ.

CRITICAL

The notice must be served on all parties at least 90 days before the praecipe is filed.

No Praecipe to Place Case at Issue shall be filed unless the moving party also certifies that a Notice to Complete Discovery and Dispositive Motions has been filed and served upon all parties at least 90 days prior to the filing of a Praecipe to Place Case at Issue.

CRITICAL

When filing the praecipe, the moving party must serve a copy on the District Court Administrator, after which the case is placed on the general trial list.

Upon filing of a Praecipe to Place Case at Issue, the moving party shall serve a copy thereof upon the District Court Administrator, at which time the case shall be placed on the general trial list.

CRITICAL

Applies to

Petition

Proof of service of the petition must be filed of record.

(d) Appellant shall file of record a certificate of service stating to whom service of the petition was made and the method and date of service.

CRITICAL

Applies to

Transcript request

When necessary, the court order granting a transcript request must accompany the request when served.

Where necessary, an order of court granting the request shall accompany the request in filing and service.

CRITICAL

When filing a statutory appeal, the appellant must serve a copy on the District Court Administrator.

When an appeal from a decision of a municipal hearing board, local agency, or equivalent body is filed, the appellant shall serve a copy of the appeal upon the District Court Administrator.

CRITICAL

The motion and written notice of its presentation date and time must be provided to opposing counsel and unrepresented parties at least two business days before presentation, unless the opposing party or counsel consents in writing.

No contested motion or discovery motion may be presented unless counsel for the moving party has certified, by a certificate attached to the motion, that a copy of the motion and written notice of the date and time of presentation were provided to all opposing counsel and unrepresented parties at least two (2) business days before presentation of the motion unless consented to by opposing party or counsel in writing.

CRITICAL

Applies to

Motion for judgment on the pleadings

The moving party must serve the face sheet of a motion for judgment on the pleadings on the District Court Administrator.

Motions for judgment on the pleadings shall be filed with the Prothonotary, and the moving party shall serve a copy of the face sheet of the motion on the District Court Administrator.

WARNING

The parties must be provided written notice of the arbitration hearing at least 30 days in advance.

(c) The Chairperson shall fix the date, time and place of the arbitration hearing. The parties shall be provided not less than 30 days written notice of the hearing.

WARNING

The notice of presentation is forwarded to opposing counsel by mail or fax with copies of the motion and proposed order.

Notice was effectuated by forwarding a copy of the motion and proposed order and written notice of presentation to opposing counsel, Attorney _ _ _ _ _ _ _ _ ,by mail or fax, on _ _ _ _ _ _ _ __ 20__

WARNING

If you believe your earnings should be exempt, you should do the following promptly: (1) Fill out the attached claim form for exemption and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff of Lawrence County, Lawrence County Government Center, 430 Court Street, New Castle, Pennsylvania, 16101.

If you believe your earnings should be exempt, you should do the following promptly: (1) Fill out the attached claim form for exemption and demand for a prompt hearing. (2) Deliver the form or mail it to the Sheriff of Lawrence County, Lawrence County Government Center, 430 Court Street, New Castle, Pennsylvania, 16101.

WARNINGCivil cases

The Act does not specify how to serve the nonpetitioning parent; certified or registered mail is usually acceptable, and counsel should consult the local prothonotary for direction.

The Act does not specify the manner of service on the nonpetitioning parent. Although service by certified or registered mail is usually acceptable, counsel should consult with the local prothonotary for specific direction.