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

CRITICAL

Applies to

Executed motion cover sheet

The petitioner must serve the executed motion cover sheet on the alleged incapacitated person and the specified counsel, potential intestate estate beneficiaries, power-of-attorney agents, residential service providers, and any other parties the court directs.

Petitioner shall serve the executed motion cover sheet on the alleged incapacitated person, counsel for the alleged incapacitated person, all persons who are sui juris individuals and would be entitled to share in the estate of the alleged incapacitated person if he or she died intestate at that time (even if the person does not reside within the Commonwealth of Pennsylvania), on the agents under the alleged incapacitated person=s power of attorney, on the person or institution providing residential services to the alleged incapacitated person, and on such other parties as the court may direct, including other service providers.

CRITICAL

A certified copy of the order must be served on the alleged incapacitated person, their counsel, and persons who would inherit from them if they died intestate.

A certified copy of this order shall be served on the alleged incapacitated person, counsel for the alleged incapacitated person, and all persons who are sui juris individuals and would be entitled to share in the estate of the alleged incapacitated person if he or she died intestate at that time.

CRITICAL

A party objecting to a transcription must serve a written objection on the court reporter within the 30-day period.

Any party who wishes to object to the transcription shall do so within that thirty (30) day period by serving a written objection upon the court reporter.

CRITICAL

A party filing a bill of costs must immediately notify the opposing party of the filing.

Any party filing a bill of costs shall immediately give notice of such filing to the opposite party

CRITICAL

Applies to

Brief

Every party must be served with a copy of an ordered brief at the same time the brief is filed.

All parties shall be served with a copy of the brief contemporaneously with the filing of the brief.

CRITICAL

The form scheduling order directs the petitioner to serve it on all parties and interested persons within the period specified in the order and provide proof to the court the specified number of working days before the proceeding.

4. ____ Petitioner shall ensure service of this scheduling order on all parties and interested persons within _______ days of the date of this order and shall provide the court with proof of service at least _______ working days prior to the scheduled proceeding.

CRITICAL

The praecipe for a rule to show cause must be served on the other party or parties in interest.

this to be served upon the other party or parties in interest.

CRITICAL

Service

Mail

The Magisterial District Court must serve written notice of the hearing and a copy of the objections by first-class mail at least 30 days before the hearing.

The hearing shall be held by the Magisterial District Judge not less than thirty (30) days nor more than sixty (60) days after such filing, and the Magisterial District Court shall give at least thirty (30) days written notice thereof along with a copy of said written objections served by first class mail.

CRITICAL

The plaintiff or appellant must file and serve an original and one copy of the case monitoring notice.

An original and one copy of a case monitoring notice shall be filed and served by the plaintiff or appellant:

CRITICAL

Each party must serve a copy of its pretrial statement on all other parties at least seven days before the pretrial conference.

Not less than seven days before the date set for the pretrial conference, each party shall file the original and one copy of the pretrial statement and serve a copy on all other parties.

CRITICAL

Deadline

48 hours

Service

Personal service

Petitioner shall serve the emergency guardianship petition in person on the alleged incapacitated person no more than 48 hours after the hearing is scheduled and no less than 48 hours before the hearing. In the event there is not 48 hours between the time the hearing is scheduled and the hearing date and time, petitioner shall serve the emergency guardianship petition in person on the alleged incapacitated person within a reasonable amount of time prior to the emergency guardianship hearing. What is a reasonable amount of time shall depend upon the circumstances, such as the amount of time that exists between the time the hearing is scheduled and the actual hearing date. It shall be in the court=s discretion to determine the timeliness of the service. Petitioner must offer evidence via affidavit and be prepared to present testimony to prove the reasonableness of the service.

Petitioner shall serve the emergency guardianship petition in person on the alleged incapacitated person no more than 48 hours after the hearing is scheduled and no less than 48 hours before the hearing. In the event there is not 48 hours between the time the hearing is scheduled and the hearing date and time, petitioner shall serve the emergency guardianship petition in person on the alleged incapacitated person within a reasonable amount of time prior to the emergency guardianship hearing. What is a reasonable amount of time shall depend upon the circumstances, such as the amount of time that exists between the time the hearing is scheduled and the actual hearing date. It shall be in the court=s discretion to determine the timeliness of the service. Petitioner must offer evidence via affidavit and be prepared to present testimony to prove the reasonableness of the service.

CRITICAL

Service

Mail

Notice of a bail-forfeiture order must be mailed forthwith by certified mail to the defendant’s last known address.

If the defendant does not comply with the conditions of the bail bond, the court shall enter an order pursuant to Pa. R. Crim. P. 536 and notice of such order of forfeiture shall be mailed forthwith by certified mail to the defendant at his last known address.

CRITICAL

The prothonotary must give the parties in interest at least four days' written notice of the time set for re-taxation.

Upon the filing of proper exceptions, together with a praecipe for such rule, the prothonotary shall immediately set a time for such re-taxation, with at least four (4) days notice in writing to the parties in interest and shall hear testimony if necessary.

CRITICAL

Applies to

Scheduling order

When counsel is appointed for the alleged incapacitated person, the petitioner must serve the appointed attorney with the scheduling order, petition, and attachments.

5. _______________________________________________ is appointed as counsel for the alleged incapacitated person, and petitioner shall serve a copy of this scheduling order, petition and any attachments on the appointed attorney.

CRITICAL

In Commonwealth cases, the county commissioners must immediately be notified when a bill of costs is filed.

and in the case of Commonwealth cases, the county commissioners shall immediately be given notice.

CRITICAL

Service

Publication

Service by publication must allow the person served at least ten days after publication to act.

Service by publication shall be made in such a manner that the person so served shall have at least ten (10) days after publication to act on the matter served by publication.

CRITICAL

Service

Publication

For real-property actions in which Pa.R.C.P. 410 permits service by publication, the notice must run for one week in the Lycoming Reporter and at least one newspaper of general circulation.

Where service by publication is permitted by Pa.R.C.P. 410, (concerning real property actions) the notice shall be published for one week in the Lycoming Reporter and at least one newspaper of general circulation.

CRITICAL

Notice of a master’s or auditor’s hearing must be given to the specified recipients at least 20 days before the hearing.

Notice of hearings to be held by a master or auditor shall be given at least 20 days before the date of the hearing to all those given notice of the request for the appointment of an auditor or master and all other interested parties.

CRITICAL

The hearing officer who entered the order must be served with the exceptions.

The hearing officer who entered the order shall be served with a copy of the exceptions.

CRITICAL

An auditor or master must give the specified parties notice when the report is filed.

At the time of filing the report, an auditor or master shall give notice of the filing of the report to all those given notice of the request for the appointment of an auditor or master and all other interested parties.

CRITICAL

The court determines whether the manner and timing of service were reasonable in light of the circumstances, and the petitioner must be prepared to prove reasonableness by affidavit and testimony.

What is a reasonable amount of time shall depend upon the circumstances, such as the amount of time that exists between the time the hearing is scheduled and the actual hearing date. It shall be in the court=s discretion to determine if the manner and timeliness of the service were reasonable. Petitioner must offer evidence via affidavit and be prepared to present testimony to prove that the manner and timeliness of the service were reasonable.

CRITICAL

The filer must provide recipients with a copy of the bill of costs at the same time as notice of filing.

Those who receive notice of such filing shall be given a copy of the bills of costs at the same time that notice of filing is given, the copy to be furnished by the party filing the bills.

CRITICAL

Service

Publication

Service is complete when the last complete publication appears, and proofs of publication must be filed before judgment or any other plaintiff action.

Service shall be complete upon the appearance of the last complete publication. Proofs of publication shall be filed before judgment or any other action is taken by the plaintiff.

CRITICAL

Applies to

Notice of entry of judgment

The plaintiff must publish notice of entry of judgment in the Lycoming Reporter and a newspaper of general circulation in Lycoming County.

Upon entry of judgment pursuant to Pa. R.C.P. 1066(a), the plaintiff shall, within ten (10) days thereafter, advertise the entry of judgment in the Lycoming Reporter and in a newspaper of general circulation in Lycoming County.

CRITICAL

Within the Commonwealth, original process in the specified equity, partition, waste-prevention, and limited declaratory-judgment actions may be served by the sheriff or a competent adult; in all other actions, it must be served by the sheriff.

Original process shall be served within the Commonwealth (i) by the sheriff or a competent adult in all actions in equity, in partition, to prevent waste, and for declaratory judgment when declaratory relief is the only relief sought, and (ii) by the sheriff in all other actions.

CRITICAL

Service

Mail

When notice is sent by first-class mail, a filed certificate of service must verify the address and attach a postal service certificate of mailing.

In the latter case, a certificate of service shall be prepared and filed verifying that the address used is the proper known or last known address, and attaching a postal service certificate of mailing.

CRITICAL

Notice in incapacity and guardianship matters must be given to sui juris heirs, including heirs who live outside Pennsylvania.

Notice in matters involving adjudication of incapacity or appointment or removal of a guardian for an incapacitated person is required on all persons who are sui juris individuals and are heirs of the alleged or adjudicated incapacitated person, as defined by the intestacy laws of Pennsylvania. Such notice is required even if the person does not reside within the Commonwealth of Pennsylvania.

CRITICAL

The petitioner must serve the specified interested persons and providers reasonably before the emergency hearing, using a reasonable method; telephone-only service is disfavored and allowed only when other methods would not be timely.

Petitioner shall serve the emergency guardianship petition on all persons who are sui juris individuals and would be entitled to share in the estate of the alleged incapacitated person if he or she died intestate at that time (even if the person does not reside within the Commonwealth of Pennsylvania), on the agents under the alleged incapacitated person=s power of attorney, on the person or institution providing residential services to the alleged incapacitated person, and on such other parties as the court may direct, including other service providers, in any reasonable manner and within a reasonable amount of time prior to the emergency guardianship hearing. Any reasonable manner shall include service in person or by telephone, facsimile, mail, or electronic transmission depending upon the circumstances. However, service by telephone alone shall not be the favored method and shall be used only in circumstances where the other methods of service would not be timely.

CRITICAL

Applies to

Continuance notice

If a continuance is granted less than one week before the hearing, the requesting party or counsel must notify the panel members and all parties or counsel of record by telephone, fax, or email.

If the request is granted less than one week prior to the hearing, the requesting party or counsel shall contact the panel members and all parties or counsel of record by telephone, fax or email to inform them of the continuance.

CRITICAL

Proof of service must be an affidavit accompanied by a copy of the notice and the return receipt, filed with the prothonotary.

Proof of service shall be by affidavit accompanied by a copy of the notice and the return receipt and shall be filed with the prothonotary.

CRITICAL

Service

Personal service

The petition, notice, and citation must be personally served on the alleged or adjudicated incapacitated person by the sheriff or another competent adult, who must read the documents as specified and explain their contents as much as possible.

In all cases, service of the petition, notice and citation shall be made upon the alleged or adjudicated incapacitated person by personal service by the sheriff or by any other competent adult, and the person making such service shall read to the alleged or adjudicated incapacitated person the petition, notice and citation, and then for a second time the notice and citation. The person making service shall explain the contents to the extent possible.

CRITICAL

Notice of proposed forfeiture of unclaimed cash deposits must be sent to the accused, any surety, and the attorney of record.

Any cash deposits not claimed within one year from the notice of full and final disposition of the case shall be deemed as fees and shall be forfeited to the court. Notice of such proposed forfeiture shall be sent to the accused, the surety, if any, and the attorney of record.

CRITICAL

A request for service under a special court order pursuant to Pa.R.C.P. 430 must comply with Rule L206.

Any request for service pursuant to a special order of court under Pa.R.C.P. 430 shall comply with Rule L206.

CRITICAL

The defendant may, upon authorization of the court, at any time pay into court, into the hands of the prothonotary, the amount he admits to be due, together with the costs up to the time, of which he shall give notice to the opposing party, or his attorney, within ten days thereafter.

The defendant may, upon authorization of the court, at any time pay into court, into the hands of the prothonotary, the amount he admits to be due, together with the costs up to the time, of which he shall give notice to the opposing party, or his attorney, within ten days thereafter.

CRITICAL

Applies to

Continuance request

A written arbitration-continuance request must be served on all arbitration panel members and all parties or counsel of record.

A continuance request shall be submitted in writing to the court scheduling technician as required by rule L216C, not later than one week prior to the scheduled arbitration hearing, and served on all arbitration panel members and all parties or counsel of record.

CRITICAL

Applies to

Original process

After electronically filed original process is accepted, the filing party must provide the sheriff with the service fee and documents needed for service.

Once electronically filed original process 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 service.

CRITICAL

of a guardian for an incapacitated person, other than notice upon the alleged or adjudicated incapacitated person, shall be by personal service, by service in such manner as the court directs and/or as directed by statute in that particular case; or may be made by first class mail, postage prepaid, to the known or last known address.

of a guardian for an incapacitated person, other than notice upon the alleged or adjudicated incapacitated person, shall be by personal service, by service in such manner as the court directs and/or as directed by statute in that particular case; or may be made by first class mail, postage prepaid, to the known or last known address.

CRITICAL

Applies to

Periodic report guardian of person

Notice and service of the guardian-of-the-person report must follow the manner directed by the court.

Notice and service of said report shall be in such manner as the court shall direct.

CRITICAL

Applies to

Return of service

The petitioner must file a Pa.R.C.P. No. 405-compliant return of service confirming that the notice and citation were read and, when possible, explained to the respondent.

E. Return of Service. Petitioner is responsible for filing a return of service conforming to Pa.R.C.P. No. 405, which also confirms that the contents of the notice and citation of the petition were read and, to the extent possible, explained, to the respondent as set forth in paragraph C, above.

CRITICAL

The filing party is responsible for serving all other documents in accordance with the rules of civil procedure.

Service of all other documents shall be by the filing party, in accordance with the rules of civil procedure.

WARNING

Applies to

Itemized statement

Counsel may submit written itemized special-damages statements and related photographs or plans to the opposing side at least 10 days before trial; if no written objection is made five days before trial, proof of those materials is not required at trial.

Not less than ten (10) days before the day set for trial of any civil action, counsel may submit to opposing counsel of record or if no opposing counsel of record, to the opposing party, in writing, itemized statements of special damages claimed, such as bills for repairs, medical and hospital expenses or claims of a similar nature, and photographs or plans intended to be offered at the trial, and if not objected to in writing five (5) days prior to the trial, proof thereof shall not be required at the trial.

WARNING

The clerk must docket the completed cover sheet and promptly forward it to all parties identified on it.

The clerk shall docket and promptly forward the completed cover sheet to all parties identified on the cover sheet.

WARNING

The court may impose additional service requirements by order when circumstances warrant.

The court may by order set additional service requirements, if the circumstances so require.

WARNING

Service

Mail

Service of copies of legal papers, that are allowed to be served by regular mail, may be made upon the party's attorney of record who maintains an office in

Service of copies of legal papers, that are allowed to be served by regular mail, may be made upon the party's attorney of record who maintains an office in

WARNING

Applies to

Executed motion cover sheet

Service

Court service to all parties

The prothonotary must serve the executed motion cover sheet, bearing the scheduled time, on the parties.

The scheduled time shall be noted on the executed motion cover sheet and served upon the parties by the prothonotary in accordance with these local rules.

INFO

The prothonotary must docket the completed cover sheet and promptly forward it to all parties identified on it.

The prothonotary shall docket and promptly forward the completed cover sheet to all parties identified on the cover sheet.