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

CRITICAL

A party who declines electronic filing or electronic service, or cannot access the system, must be served legal papers in physical paper format.

Any party who declines to participate in electronic filing, or accept service of legal papers which were filed electronically, or who is otherwise unable to access the system, shall be served legal papers in a physical paper format.

CRITICALCivil cases

1. That all respondents have been served with the following petition or motion: . 2. That an affidavit of service has been filed or is attached.

1. That all respondents have been served with the following petition or motion: . 2. That an affidavit of service has been filed or is attached.

CRITICALCivil cases

Applies to

Bond

A party filing a bond must immediately serve a copy on the adverse party or the adverse party’s attorney, except in appeals from proceedings before the minor judiciary.

Except in the cases of appeals from proceedings before the minor judiciary, any party filing a bond shall immediately serve a copy thereof upon the adverse party or his attorney.

CRITICALCivil cases

After objections are filed, a copy must immediately be served on the accountant and all other interested parties or their attorneys, and proof of service must be filed within ten days.

Immediately after objections have been filed with the Clerk, a copy of said objections to an account and/or Petition for Adjudication/Statement of Proposed Distribution shall be served upon the accountant and all other interested parties or their attorneys of record. Proof of such service shall be filed with the Clerk within ten (10) days of filing objections.

CRITICALCivil cases

Whenever briefs are required, they must be served on the other interested parties in accordance with the Rules.

In all matters where briefs are to be filed, an original and one copy shall be filed with the Clerk and served upon the other interested parties in accordance with these Rules.

CRITICAL

Applies to

Dependency petition shelter care application and emergency protective custody application

(2) Dependency Petitions, Shelter Care Applications, and Applications for Emergency Protective Custody shall be served upon the attorneys and the Office of Children and Youth Services via electronic transmission, first- class mail, or in-person in accordance with Pa.R.J.C.P. 1331(B)(2).

(2) Dependency Petitions, Shelter Care Applications, and Applications for Emergency Protective Custody shall be served upon the attorneys and the Office of Children and Youth Services via electronic transmission, first- class mail, or in-person in accordance with Pa.R.J.C.P. 1331(B)(2).

CRITICAL

Copies of written requests for daily, expedited, or same-day transcripts, or secure electronic feed, must be delivered as required by subsection (2).

Copies of the written request shall be delivered in accordance with subsection (2).

CRITICAL

Applies to

Dependency petition and shelter care application

Dependency Petitions and Shelter Care Applications must be served on the child and all guardians by certified mail and first-class mail, or in person.

(1) Dependency Petitions and Shelter Care Applications shall be served upon the child and all of the child’s guardians via certified mail and first-class mail, or in-person, in accordance with Pa.R.J.C.P. 1331(B)(1).

CRITICALCivil cases

After the requesting party pays the balance owed as ordered, the Court Reporter must file the transcript and serve the requesting party with a copy.

The Court Reporter shall file the transcript and serve the requesting party with a copy of the transcript upon payment of the balance owed by the requesting party to the appropriate filing office in accordance with the order of the Presiding Judge.

CRITICALCivil cases

A filed bill of costs must be served forthwith on all adverse parties or their attorneys.

A bill of costs for attendance of witnesses, service of subpoenas, and other expenses recoverable according to law or rule of court must be filed in the office of the clerk of courts, as may be appropriate, within ten (10) days after the trial, continuance or failure to reach the case, and a copy thereof shall be forthwith served upon all adverse parties or their attorneys.

CRITICAL

Subpoenas must be served on witnesses by certified mail, first-class mail, or in person, in accordance with Pa.R.J.C.P. 123(B)(1).

Subpoenas shall be served upon a witness via certified mail, first-class mail, or in-person in accordance with Pa.R.J.C.P. 123(B)(1).

CRITICALCriminal cases

An objection to expungement must be properly served on all parties.

Such objection must be filed in a petition with proper service to all parties and a hearing shall be scheduled before the Court;

CRITICALCivil cases

The appellant must provide a copy of the appeal to the Court Administrator's office at the same time as the appeal.

Appellant shall contemporaneously provide a copy of the appeal to the Court Administrator's office.

CRITICALCivil cases

Applies to

Rule petition and proposed decree

Service

Mail

Serve the rule, petition, and proposed decree on the Department of Revenue’s chief counsel by certified mail with return receipt requested at least 10 days before the allocation hearing.

The Department of Revenue - the rule, petition, and proposed decree shall be served by certified mail, return-receipt requested upon the office of chief counsel, Pennsylvania Department of Revenue at least 10 days prior to the date for hearing on allocation set by the rule returnable.

CRITICALCivil cases

The moving party must immediately serve a complete copy of the motion on all counsel of record and unrepresented parties under Pa.R.C.P. 440.

Immediately after filing a motion, the party filing the same shall serve a complete copy upon all other counsel of record and all unrepresented parties, in accordance with Pa.R.C.P. 440 (relating to service of legal papers other than original process).

CRITICALCivil cases

After an electronic filing is accepted, the filing party must provide the Lehigh County Sheriff with the proper service fee and the documents for Original Service and Writs.

Once an electronic filing has been accepted by the Clerk of Judicial Records-Civil Division, it shall be the responsibility of the filing party to provide to the Sheriff of Lehigh County, the proper service fee and the documents for Original Service and Writs.

CRITICALCriminal cases

A party seeking remission, set-aside, or exoneration must serve a copy of the petition on the Department of Law.

(2) In order for a surety to seek to have the forfeiture order set aside or remitted in whole or in part, the party seeking remission, set aside or exoneration shall present a petition to the Court, and serve a copy thereof upon the Department of Law.

CRITICALCivil cases

Service

Mail

Notice of written objections must be mailed in accordance with Pa. O.C. Rule 2.7(a).

Notice of the filing of written objections must be mailed in accordance with Pa. O.C. Rule 2.7(a).

CRITICALCivil cases

Notice of a supplemental account’s filing must be given to all interested parties in accordance with Pa. O.C. Rule 2.5.

Notice of the filing of a supplemental account to be given to all interested parties in accordance with Pa. O.C. Rule 2.5.

CRITICALCivil cases

An auditor or master must serve a time-stamped report on all interested parties or their counsel in the manner provided by Pa. O.C. Rule 4.3 and file proof of service with the Clerk.

An auditor or master shall serve, in the same manner as provided for notice under Pa. O.C. Rule 4.3, all interested parties or their counsel of record with a time-stamped copy of his report and shall file proof of such service with the Clerk.

CRITICALCivil cases

Applies to

Adjudication and order

Upon receiving notice that an adjudication order confirming a formal fiduciary account has been entered, the accountant’s counsel must immediately serve a true copy on each person required to receive the account and petition under Pa. O.C. Rule 2.5 and on each attorney of record.

Promptly upon receipt of notice of entry of an adjudication order confirming a formal fiduciary account, counsel for the accountant shall immediately serve a true copy of the adjudication and order upon: (1) Every individual required to be served with the account and the Petition for Adjudication/Statement of Proposed Distribution pursuant to Pa. O.C. Rule 2.5; (2) Each attorney of record;

CRITICALCivil cases

Notice of arbitration must be given to the parties or their attorneys at least 30 days before the hearing.

Notice shall be given to the parties or their attorneys of record at least thirty (30) days prior to the scheduled arbitration.

CRITICALCivil cases

Copies of appeal papers must be served on adverse parties or their attorneys.

Copies of the appeal papers shall be served upon the adverse parties or their attorneys.

CRITICALCivil cases

Service

Publication

When notice is given by publication, the last notice must be published at least 20 days before the applicable return day, hearing, sale, or other act.

Whenever notice of the intention to do any act, including the sale of real property, is given by publication, the last published notice shall be not less than twenty (20) days prior to the return day, the day of hearing, the day fixed for the sale or the day fixed for the doing of said act.

CRITICAL

Applies to

Petition alleging delinquency

A petition alleging delinquency must be served on the juvenile’s attorney, the attorney for the Commonwealth, and the juvenile probation officer by electronic transmission, first-class mail, or in person.

Petitions Alleging Delinquency shall be served upon the juvenile’s attorney, attorney for the Commonwealth, and the juvenile probation officer via electronic transmission, first-class mail, or in-person in accordance with Pa.R.J.C.P. 331(C).

CRITICALCivil cases

Service

Publication

The Lehigh Law Journal shall be the legal periodical for the publication of all notices.

The Lehigh Law Journal shall be the legal periodical for the publication of all notices.

CRITICALCriminal cases

Service

Mail

Lehigh County governmental entities serve correspondence and legal communications by mailing them to the address stated in the Statement of Official Address.

The mailing by any Lehigh County governmental entity, including but not limited to the Lehigh County Court of Common Pleas, the Lehigh

CRITICALCivil cases

A movant may present an emergency motion at the judge’s civil motion day after giving all parties five days’ written notice.

Movant may present, with five (5) days written notice to all parties, the motion to the judge at his/her civil motion day;

CRITICALCivil cases

Copies of post-trial motion papers and the proposed transcription order must be delivered to the trial judge, court administrator, court reporter, and every other party, and a certificate of service must be filed of record.

All post-trial motions shall be filed with the clerk of courts in accordance with Pa.R.C.P. 227.1, together with a request designating that portion of the record to be transcribed. A copy of the items filed, along with a proposed order for transcription, shall also be delivered to the trial judge, the court administrator, the court reporter, and every other party to the action and a certificate of such service shall be filed of record.

CRITICALCriminal cases

The Court Administrator must serve copies of orders and notices it generates and record each attorney or party served, their name and address, and the date and method of service on the original sent to the Clerk for filing.

(b) Copies of orders and court notices generated by the Court Administrator shall be served by the Court Administrator, who shall indicate on the original transmitted to the Clerk for filing, each attorney or party served, including their names, as well as addresses, dates, and methods of service.

CRITICALCriminal cases

Except for orders and notices covered by paragraph (b), the Clerk of Courts-Criminal must serve copies of all orders and court notices filed with the Clerk.

(a) Except as otherwise provided in Paragraph (B) of this local rule, the Clerk of Courts- Criminal shall serve copies of all orders and court notices filed with the Clerk.

CRITICALCivil cases

A party seeking court review of a bond’s form or surety must give notice to the adverse party or the adverse party’s attorney in accordance with Leh.R.C.P. 206.1.

In all cases the form of the bond and the surety thereon shall be subject to review by the court upon the filing of a petition stating specifically the objections thereto, together with notice to the adverse party or his attorney in accordance with Leh.R.C.P. 206.1.

CRITICAL

The Court Reporter must serve the requesting party with a transcript copy after the balance is paid.

The Court Reporter shall file the transcript and serve the requesting party with a copy of the transcript upon payment of the balance owed by the requesting party to the appropriate filing office in accordance with the order of the Presiding Judge.

CRITICALCivil cases

Supporting and opposing post-trial briefs must be served on the trial judge and every other party, and each brief must include a certificate of service.

A copy of briefs filed in support of, or in opposition to, post-trial motions shall be served upon the trial judge, and every other party to the action. A certificate of such service shall accompany all briefs filed hereunder.

CRITICALCivil cases

Applies to

Notice of intent to request arbitration

A party must serve opposing counsel and unrepresented parties with a notice of intent to request arbitration before praeciping the case for arbitration.

(i) A party shall not praecipe a case for arbitration until the party has served upon opposing counsel and any unrepresented parties a notice of intent to request arbitration.

CRITICALCivil cases

Service

Court service to all parties

The clerk of courts is responsible for serving the petition and rule to show cause on all parties.

The clerk of courts shall be responsible for service of the petition and rule to show cause on all parties.

CRITICALCivil cases

Service

Publication

All notices published under the rule must appear in the Lehigh Law Journal.

The Lehigh Law Journal shall be the legal periodical for the publication of all notices.

CRITICALCivil cases

Each party must serve the pre-hearing statement on every other party at least five business days before the conference.

At least five (5) business days prior to the date of the pre-hearing conference, each party shall file with the Clerk and serve upon each other party a written pre- hearing statement which shall contain:

CRITICALCivil cases

An auditor or master must give all interested parties or their counsel written notice of the appointment and the time and place of the first hearing.

(a) An auditor or master shall give written notice of his appointment and of the time and place of his first hearing to all interested parties or their counsel of record.

CRITICALCivil cases

A party filing exceptions must mail copies to all parties in interest and serve the sheriff with an original and a copy.

(b) Any party filing exceptions shall mail copies of their exceptions to all parties in interest and serve an original and a copy of said exceptions on the sheriff.

CRITICALCriminal cases

Applies to

Transcript request

The requesting party shall also serve copies of the Request for Transcript Form upon: (a) the Judge presiding over the matter; and (b) the Court Reporter by delivering two (2) copies of the Request for Transcript Form to the Court Administrator’s Office located in Room 614; and (c) opposing counsel or the opposing party, if not represented.

The requesting party shall also serve copies of the Request for Transcript Form upon: (a) the Judge presiding over the matter; and (b) the Court Reporter by delivering two (2) copies of the Request for Transcript Form to the Court Administrator’s Office located in Room 614; and (c) opposing counsel or the opposing party, if not represented.

CRITICALCivil cases

Notice of a petition concerning after-discovered assets must be given in accordance with Pa. O.C. Rule 2.5.

Notice of such a petition shall be given in accordance with Pa. O.C. Rule 2.5.

CRITICAL

A party who declines electronic filing or cannot use or access the system may file paper copies; such a party must be served paper copies if they decline electronic service or cannot access the system.

Any party who declines to participate in electronic filing, or who is unable to electronically file legal papers, or who is otherwise unable to access the system, shall be able to file legal papers in a physical paper format. Any party who declines to participate in electronic filing, or accept service of legal papers which were filed electronically, or who is otherwise unable to access the system, shall be served legal papers in a physical paper format.

CRITICALCivil cases

Service

Mail

The sheriff must mail a copy of the handbill to the defendant’s last known address at least six days before a personal-property sale.

In addition to the notice requirements of Pa. R.C.P. 3128 (a), notice of sale of personal property shall be given by the sheriff sending a copy of the handbill to the defendant by regular mail addressed to the last known address at least six days prior to sale.

CRITICAL

The requesting party shall also serve copies of the Request for Transcript Form upon: (a) the Judge presiding over the matter; and (b) the Court Reporter by delivering two (2) copies of the Request for Transcript Form to the Court Administrator’s Office located in Room 614; and (c) opposing counsel or the opposing party, if not represented.

The requesting party shall also serve copies of the Request for Transcript Form upon: (a) the Judge presiding over the matter; and (b) the Court Reporter by delivering two (2) copies of the Request for Transcript Form to the Court Administrator’s Office located in Room 614; and (c) opposing counsel or the opposing party, if not represented.

CRITICALCriminal cases

A party who declines electronic filing or electronic service, or cannot access the system, must be served legal papers in physical paper format.

Any party who declines to participate in electronic filing, or accept service of legal papers which were filed electronically, or who is otherwise unable to access the system, shall be served legal papers in a physical paper format in accordance with Pa.R.Cr.P. 576(b)(2).

CRITICALCivil cases

Notice of a supersedeas application must be given under the rules to the municipality or its solicitor and to appearing adverse parties or their attorneys of record.

An application for a supersedeas shall be in motion or petition form, as may be appropriate, and due notice of its presentation shall be given in accordance with these rules to the municipality or its solicitor and to the parties adversely interested in the case who have entered an appearance or to their attorneys of record.

CRITICALCivil cases

Within 10 days after receiving the minor’s death benefit, the parent must mail or deliver both completed forms to the Clerk of the Orphans’ Court Division at the stated address.

that I must mail or deliver the completed “Affidavit of Deposit of Minor’s Funds” and the completed “Parent’s Certification of Compliance with Court Order Directing Establishment of Minor’s Restricted Account” to the Clerk of the Orphans’ Court Division, Lehigh County Courthouse, 455 West Hamilton Street Allentown, Pennsylvania, 18101-1614, within 10 days after I have received the death benefit payable to my minor child.

CRITICALCivil cases

Applies to

Legal papers

Service

Electronic service

Legal papers covered by the rule must be electronically served in civil cases and in custody and divorce matters, subject to the stated exceptions for Protection From Abuse and Domestic Relations cases.

In accordance with Pa. R. C. P. No.239.9, the Lehigh County Court of Common Pleas mandates the electronic filing of legal papers in Civil cases and the electronic service of such papers effective March 19, 2018, and mandates the electronic filing of legal papers in Family cases (i.e. custody and divorce matters), with the exception of Protection From Abuse and Domestic Relations cases, and the electronic service of such papers effective January 1, 2020 as specifically defined within this rule.

CRITICALCivil cases

If notice is not given or 20 days do not elapse before the audit call, the Court will audit both accounts and the supplemental account must be served with the adjudication and order.

In the event the aforementioned notice is not given or that the requisite twenty (20) days between notice and the call for audit do not elapse, the Court will audit both accounts and a true and correct copy of the supplemental account will be served with the Court’s adjudication and order as provided by Leh. O.C. Rule 4.6-1.

CRITICALCivil cases

Preliminary objections must be filed with the clerk, served on adverse parties or counsel, and accompanied by a time-stamped copy delivered to the court administrator for the assigned judge.

Preliminary objections shall be filed with the clerk of courts, served upon the adverse parties or their counsel, and a time-stamped copy thereof shall be delivered to the court administrator’s office for delivery to the assigned judge.

CRITICALCriminal cases

The District Justice must give the Defendant written notice of the arraignment and first status conference when the case is bound over or waived to court, as provided by Pa.R.Crim.P. 113(1)(a).

Written notice of the arraignment and first status conference shall be given to the Defendant as provided Pa.R.Crim.P. 113 (1)(a) by the District Justice at the time the case is bound over or waived to court.

CRITICALCriminal cases

The Clerk must give written notice of the decision to the Commonwealth’s attorney and the affiant, then transmit an approved complaint to the issuing authority or return a disapproved complaint to the affiant.

If the private criminal complaint is approved, the Clerk of Courts–Criminal shall give written notice to the attorney for the Commonwealth and the affiant of the decision and transmit the complaint to the appropriate issuing authority. If the private criminal complaint is disapproved written notice thereof shall be given as aforesaid and the complaint shall be returned to the affiant.

CRITICALCivil cases

Applies to

Rule petition and proposed decree

Service

Mail to opposing party

Serve defendants’ counsel or unrepresented defendants with the rule, petition, and proposed decree by ordinary first-class mail at least 10 days before the allocation hearing.

Defendants - Counsel for defendants, or unrepresented defendants shall be served with the rule, petition, and proposed decree by ordinary, first-class mail at least 10 days prior to the date for hearing on allocation set by the rule returnable.

CRITICALCivil cases

Applies to

Amended pleading or responsive brief

The amended pleading or responsive brief must be served on the opposing parties or their counsel.

Within twenty (20) days after service of the preliminary objections, the adverse parties or their counsel shall file an amended pleading or a responsive brief with the clerk of courts, serve same upon the opposing parties or counsel, and deliver a copy to the court administrator’s office for delivery to the assigned judge.

CRITICAL

Service

Electronic service to court

Service on the Court Administrator must occur electronically and automatically through PACFile.

(4) Service upon the Court Administrator shall be done electronically and automatically through PACFile.

CRITICALCivil cases

Service

Mail

The court administrator must mail the board appointment to each appointed arbitrator and attorney of record, and by regular mail to any unrepresented party at the party’s last known address, and file proof of notice.

The court administrator shall mail a copy of the appointment of a board of arbitrators to each arbitrator appointed, each attorney of record and in the event a party is not represented by an attorney to such party at his last known address by regular mail and file of record proof of such notice.

CRITICALCivil cases

Service

Mail to all parties

In the absence of a responsive pleading and/or after the pleadings have closed, any party may file a praecipe, substantially in the form set forth in Appendix B, requesting that the Court proceed on the motion or petition and send a copy of said praecipe to each party by regular mail.

In the absence of a responsive pleading and/or after the pleadings have closed, any party may file a praecipe, substantially in the form set forth in Appendix B, requesting that the Court proceed on the motion or petition and send a copy of said praecipe to each party by regular mail.

CRITICALCriminal cases

A Bail Bondman contesting denial of an initial approval petition must serve the Department of Law within 30 days of the denial.

Any Bail Bondman seeking to contest the denial of its petition for approval to post bail in the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of denial of its initial petition, and set forth the relief requested and the factual basis therefor.

CRITICAL

Applies to

Subpoena

Subpoenas must be served on witnesses by certified mail, first-class mail, or in person.

(3) Subpoenas shall be served upon a witness via certified mail, first-class mail, or in-person in accordance with Pa.R.J.C.P. 1123(B)(1).

CRITICALCriminal cases

A Bail Bondman contesting a prohibition, revocation, or determination of ineligibility must serve the Department of Law within 30 days of that action.

Any Bail Bondman seeking to contest prohibition from posting additional bail, that its right to post bail has been revoked, or that it is otherwise ineligible to post bail in the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of the prohibition, revocation or determination of ineligibility, and set forth the relief requested and the factual basis therefor.

CRITICAL

Applies to

Petition alleging delinquency

A petition alleging delinquency must be served on the child and guardian by first-class mail or in person.

Petitions Alleging Delinquency shall be served upon the child and the child’s guardian via first-class mail or in-person in accordance with Pa.R.J.C.P. 331(B).

CRITICALCivil cases

Service of all motions shall be made and a certification of service filed in accordance with Rule 208.3(b)(3) herein below. A motion to withdraw as counsel shall be served upon the movant’s client as well as upon all counsel of record and any unrepresented parties.

Service of all motions shall be made and a certification of service filed in accordance with Rule 208.3(b)(3) herein below. A motion to withdraw as counsel shall be served upon the movant’s client as well as upon all counsel of record and any unrepresented parties.

CRITICALCivil cases

Service

Mail to all parties

The sheriff must promptly mail all parties in interest a copy of the schedule of distribution stating its filing date.

(a) The sheriff shall, by regular mail addressed to their last known addresses, promptly send to all parties in interest a copy of the schedule of distribution stating the date on which it was filed.

CRITICALCivil cases

Notice of presentation of a petition to pay money into court must be given as provided by the rules.

Notice of the presentation of such a petition shall be given in the manner set forth in these rules.

CRITICALCivil cases

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other court proceeding shall file the original Request for Transcript Form with the appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk of Judicial Records – Criminal Division, Orphans’ Court, or the Domestic Relations Section) based upon the specific case type. The requesting party shall also serve copies of the Request for Transcript Form upon: (a) the Judge presiding over the matter; and (b) the Court Reporter by delivering two (2) copies of the Request for Transcript Form to the Court Administrator’s Office located in Room 614; and (c) opposing counsel or the opposing party, if not represented.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other court proceeding shall file the original Request for Transcript Form with the appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk of Judicial Records – Criminal Division, Orphans’ Court, or the Domestic Relations Section) based upon the specific case type. The requesting party shall also serve copies of the Request for Transcript Form upon: (a) the Judge presiding over the matter; and (b) the Court Reporter by delivering two (2) copies of the Request for Transcript Form to the Court Administrator’s Office located in Room 614; and (c) opposing counsel or the opposing party, if not represented.

CRITICALCivil cases

Counsel for the accountant must file proof of service immediately after serving the adjudication and order.

(b) Immediately upon effecting service of the adjudication and order as provided in (a) hereof, counsel for the accountant shall file proof of such service.

CRITICALCivil cases

Service

Email to all parties

The Clerk must email hearing details to attorneys of record or unrepresented parties and file proof of notice.

The Clerk of Judicial Records—Civil Division shall notify all attorneys of record of the date, time and place of the hearing by email addressed to the attorneys' email address of record. If a party is not represented by counsel of record, that party shall be given notice by email addressed to the party's email address of record. The Clerk of Judicial Records—Civil Division shall file of record proof of such notice.

CRITICALCivil cases

Objections to the transcript-designation request must be served on the trial judge, court administrator’s office, court reporter, and every other party, with a certificate of service filed of record.

Any objections to the request designating the portion of the record to be transcribed, filed pursuant to Pa.R.C.P. 227.3, shall likewise be served upon the trial judge, the court administrator’s office, and the court reporter and every other party to the action and a certificate of such service shall be filed of record.

CRITICALCivil cases

An arbitrator unable to serve must notify the court administrator at least five days before the hearing unless prevented by matters beyond the arbitrator’s control; failure to give notice or appear can result in skipped or removed appointments.

If an appointed arbitrator cannot serve at the time and place designated, the attorney shall, unless prevented by matters beyond his or her control, notify the court administrator at least five (5) days in advance of the date upon which the hearing has been scheduled. That attorney shall then be appointed an arbitrator at the first opportunity thereafter. If any arbitrator fails to give notice as aforesaid or simply fails to appear at a scheduled arbitration, his or her name shall be passed over and that attorney shall not receive another appointment until his or her name reappears for appointment in due course. If any arbitrator is guilty of such a failing a second time, the attorney's name shall be removed from the appropriate list or lists and he or she shall not thereafter serve as an arbitrator until reinstated upon application to the court.

CRITICALCivil cases

When a panel member arranges a substitute, the member must notify the other panel members and counsel or unrepresented parties in writing and mail a copy to the court administrator.

Should neither of the two substitutes of the panel be able to sit, the assigned arbitrator may arrange for a substitute from a list of court- approved permanent substitute arbitrators. A panel member who cannot sit and who has made the proper arrangements for a substitute shall notify, in writing, the other panel members and counsel for all parties or the parties themselves if unrepresented by counsel. In addition, a copy of this writing shall be mailed to the court administrator.

CRITICALCivil cases

Written notice of the account’s filing and audit call must be given to co-fiduciaries who did not join in stating the account.

Written notice of the filing of the account and the call thereof for audit shall be given to all co-fiduciaries who do not join in stating the account in accordance with Pa.O.C. Rule 2.5.

CRITICALCivil cases

The objector must serve a copy of the brief on all other interested parties.

Within twenty (20) days after preliminary objections not raising issues of fact have been filed, the objector shall file his or her brief with the Clerk and serve a copy thereof upon all other interested parties, failing which the preliminary objections shall be dismissed as of course.

CRITICALCriminal cases

Service

Electronic service

Service upon the Court Administrator must occur electronically and automatically through PACFile.

Service upon the Court Administrator shall be done electronically and automatically through PACFile.

CRITICALCivil cases

Service

Mail to all parties

Notice to all interested parties must be sent by certified mail unless the court directs otherwise, and proof of service must be filed with the confirmation application.

Notice to all parties in interest shall be given by certified mail unless the court otherwise directs and proof of service shall be filed with the application for confirmation.

CRITICALCivil cases

Whenever a supplemental account is filed before the original account is called for audit, notice thereof shall be given as nearly as possible in accordance with Pa. O.C. Rule 2.5 and proof of notice filed in accordance therewith, and, provided at least twenty (20) days elapse between the giving of such notice and the day on which the original account is called for audit, the Court will audit both the original and supplemental accounts.

Whenever a supplemental account is filed before the original account is called for audit, notice thereof shall be given as nearly as possible in accordance with Pa. O.C. Rule 2.5 and proof of notice filed in accordance therewith, and, provided at least twenty (20) days elapse between the giving of such notice and the day on which the original account is called for audit, the Court will audit both the original and supplemental accounts.

CRITICALCriminal cases

Applies to

Transcript

Upon payment of the balance owed, the court reporter must file the transcript and serve a copy on the requesting party.

The Court Reporter shall file the transcript and serve the requesting party with a copy of the transcript upon payment of the balance owed by the

CRITICAL

Service

Electronic service

Service upon the Court Administrator must be completed electronically and automatically through PACFile.

Service upon the Court Administrator shall be done electronically and automatically through PACFile.

CRITICALCivil cases

After a public-sale petition is granted, notice of the sale must be advertised, posted at the specified locations, and mailed to all interested parties, including the applicable Attorney General.

After grant of a petition for public sale of real property, notice of the time and place of the proposed sale and a description, stating the size and location of the property to be sold, shall be given by: (1) Advertisement once a week for three (3) successive weeks in accordance with the requirements of Leh. O.C. Rules 4.2-1 and 4.2-2, provided that if the property is located in a county other than Lehigh County then by advertisement as aforesaid in the legal periodical and in a newspaper of general circulation published in the county in which the property is located; (2) Posting at a conspicuous place on the real property to be sold and at three (3) different public places in the vicinity of the real property; and (3) Regular mail to all interested parties, including the Attorney General of the state in which any charitable party in interest is domiciled in accordance with the requirements of Pa. O.C. Rule 4.4.

WARNINGCivil cases

When ordinary service cannot be made, the Court may authorize alternative service upon learning the facts through a supplemental affidavit.

Whenever service cannot be made as otherwise provided in this Rule and the facts thereof are made known to the Court by an affidavit supplementing the original petition or motion sought to be served, the Court may enter an order awarding an alias or pluries citation or other order (which may provide for service by publication or other means) as the Court deems necessary.

WARNINGCivil cases

Proof of service must comply with Pa.R.C.P. 405(c).

Proof of service shall be as provided by Pa.R.C.P. 405(c).

WARNINGCivil cases

Service

Publication

Publication must comply with Pa.R.C.P. 430(b).

Publication shall be as provided in Pa.R.C.P. 430(b)

WARNINGCriminal cases

Service

Mail

First-class mail to the stated address is presumptive proof of service, unless a statute or Pennsylvania Rule of Criminal Procedure requires another service method.

correspondence, notices, orders and other communications by first class mail to said address shall be deemed presumptive proof of service of same and no objection shall be made by any party that the mailing was sent to an improper or incorrect address, provided that no statute or Pennsylvania Rule of Criminal Procedure requires alternative method of service. In the event that statute or Pennsylvania Rule of Criminal Procedure specifically sets forth a means of service, service shall be made in accordance with the relevant statute or Pennsylvania Rule of Criminal Procedure;

WARNINGCivil cases

After filing a praecipe to settle, discontinue, and end an action, the filing party must deliver a copy to the court administrator’s office for transmission to the assigned judge.

Upon the filing of a praecipe to settle, discontinue and end an action, the filing party shall deliver a copy of same to the court administrator’s office for transmittal to the assigned judge.

WARNINGCivil cases

Applies to

Petition to resolve website failure dispute

Petitions to resolve disputes involving alleged failure of the Court’s website may be served on paper.

Petitions to resolve disputes involving alleged failure of the Court’s website, permitted by Pa. R.O.C. P. 4.7(e), may be filed and served in paper form.

INFOCivil cases

Applies to

Notice of intent to request arbitration

A party need not serve a notice of intent to request arbitration if the matter has been pending for at least one year.

(iv) A party shall not be required to serve notice of intent to request arbitration if the matter has been pending for a period one (1) year or more.

INFOCivil cases

Notice of a succeeding hearing given at a properly noticed hearing is sufficient notice of the succeeding hearing.

(b) Notice of succeeding hearings given by the auditor or master at a hearing of which proper notice has been given shall constitute sufficient notice of such succeeding hearings.