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

CRITICALCivil cases

The praecipe to list a case for trial must be served on all other parties and, if represented, their counsel.

File a Praecipe to List for Trial that shall substantially conform to the form shown below and serve the praecipe on all other parties and if they be represented by counsel on their counsel.

CRITICALCivil cases

Applies to

Petition

Notice that a petition under Rule 5.4 was filed must be provided to the decedent’s personal representative under Rule 3.5(b)(1).

(c) Notice of the filing of any petition under this Rule shall be provided to the personal representative of decedent’s estate in accordance with Rule 3.5(b)(1).

CRITICALCivil cases

The praecipe form states that a copy has been served on all counsel of record and unrepresented parties and calls for the manner of service to be stated.

6. A copy of this praecipe has been served on all counsel of record and unrepresented parties in the following manner:

CRITICALCivil cases

Service

Mail

Notices and additional notices must be sent by prepaid first-class United States mail, and service is complete upon mailing.

All notices and additional notices shall be sent by first-class United States mail, postage prepaid. Service by mail is complete upon mailing.

CRITICALCivil cases

The party must provide the required supplemental information to other counsel.

If a party, in the exercise of reasonable diligence, first becomes aware after the pre- trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Pa.R.C.P. No. 212.2.

CRITICALCivil cases

Applies to

Notice

Service

Mail to all parties

The assignee must mail written notice of the account, distribution petition, and audit or confirmation call to all interested parties’ last known addresses at least three weeks before the account is presented to the court.

The assignee shall give written notice of the filing of the account, the petition for distribution and of the call for the audit or confirmation thereof to all parties interested. Such notice shall be given by mailing the same to the last known address of the one entitled to receive the same, at least three weeks before the presentation of the account to the court

CRITICALCivil cases

Applies to

Praecipe for arbitration

The filer must deliver a copy of the Praecipe for Arbitration to the court administrator and forthwith serve the other counsel and unrepresented parties.

The party or counsel filing the Praecipe for Arbitration shall deliver a copy to the court administrator and shall forthwith serve a copy of the praecipe upon all other counsel of record and any unrepresented parties

CRITICALCivil cases

If a party has no attorney of record, service must be made using one of the specified personal, mail, facsimile, or electronic methods and locations.

(b) If there is no attorney of record, (1) Service shall be made by handing a copy to the party or by mailing a copy to, or leaving a copy for, the party at the address listed on an entry of appearance or prior pleading or at the residence or place of business of the party, or by transmitting a facsimile copy as provided by subparagraph (c) or by electronic transmission as provided in subparagraph (d).

CRITICALCivil cases

Give notice personally or by registered or certified mail to each person entitled to damages; if a diligent search cannot identify or locate a person, advertise the notice once in a McKean County newspaper and file proof of publication.

Notice shall in all cases be given personally or by registered or certified mail to each person entitled by law to recover damages in the action, unless the plaintiff shall file an affidavit that the identity or whereabouts of any such person is unknown to him after diligent search therefore, in which case the plaintiff shall cause the notice to be advertised one time in a newspaper of general circulation published in McKean County. Proof of such publication shall be filed in the prothonotary's office

CRITICALCivil cases

Service

Court service to all parties

The clerk must immediately send each party's counsel or each unrepresented party written notice with a copy of the adjudication or order, and note the notice date on the docket.

(a) The clerk shall immediately give written notice of the entry of an adjudication or court order in a particular matter to each party’s counsel of record or, if unrepresented, to each party. The notice shall include a copy of the adjudication or court order. (b) The clerk shall note in the docket the date when notice was given to the party or to his or her counsel under subparagraph (a) of this Rule.

CRITICALCivil cases

Applies to

Citation and notice

The citation and notice must be served with the petition.

A citation and notice in the form approved by the Supreme Court shall be attached to and served with a petition.

CRITICALCivil cases

Notice must be given to the Attorney General for a charitable qualified beneficiary and to known beneficiaries when an accountant stating the Account is a personal representative or trustee of the recipient estate or trust.

If the proposed distribution is to an estate or trust and a charity is a “qualified beneficiary,” as defined in 20 Pa.C.S. § 7703, of that recipient estate or trust, then notice shall be given to the Attorney General on behalf of the charitable beneficiary. If the proposed distribution is to an estate or trust and any one of the accountants stating the Account is a personal representative or a trustee of the recipient estate or trust, then notice shall also be given to the beneficiaries of the estate or trust, to the extent known.

CRITICALCivil cases

Applies to

Petition

When personal jurisdiction is unnecessary, already obtained, or conferred by statute, the petitioner must provide the petition to identified interested parties before filing or at the time of filing.

In all cases where personal jurisdiction is not required or has been previously obtained, or conferred by statute, the petitioner shall, either in advance of filing or contemporaneously therewith, provide a copy of the petition to the interested parties identified in the petition.

CRITICALCivil cases

Notice must comply with Rule 4.2 and, when the recipient is represented by counsel who has appeared, must be given to both counsel and the recipient.

Notice to an individual or entity shall be given in accordance with Rule 4.2; provided, however, that if the individual or entity is represented by counsel who has entered his or her appearance in accordance with Rule 1.7(a), notice shall be given to counsel and the individual or entity.

CRITICALCivil cases

Applies to

Petition

If a represented interested party is not receiving notice directly, a copy of the petition must be sent to the representative under Rule 4.2.

(3) If an interested party (whether sui juris or not) is not receiving notice of the filing of the petition because he or she is represented by another, a copy of the petition shall be sent in accordance with subparagraph (b)(1) to the interested party’s representative pursuant to Rule 4.2.

CRITICALCivil cases

The findings of fact, conclusions of law and memorandum shall be filed with the prothonotary in advance of the arbitration hearing and a copy served on each party and each arbitrator.

The findings of fact, conclusions of law and memorandum shall be filed with the prothonotary in advance of the arbitration hearing and a copy served on each party and each arbitrator.

CRITICALCivil cases

The citation and petition must be served on each cited party at least 20 days before a responsive pleading is due, using the specified methods for service of original process.

The citation to obtain personal jurisdiction and a copy of the petition shall be served upon each cited party at least 20 days before the date when a responsive pleading is due, in the same manner as service of original process under Pa.R.C.P. Nos. 402 through 404, Pa.R.C.P. No. 420, and Pa.R.C.P. Nos. 422 through 424 inclusive.

CRITICALCivil cases

The defendant must provide the requested discovery information within 30 days after receiving the requests.

(b) The defendant shall furnish the information sought in the discovery requests within 30 days of receipt of the discovery requests.

CRITICALCivil cases

Counsel must exchange requested points for charge at the close of evidence.

Requested points for charge shall be exchanged by counsel at the close of evidence.

CRITICALCivil cases

In every proceeding involving a charitable interest, file proof of service or the specified acknowledgment with the clerk before entry of any decree.

(b) Proof of service of the above notice or an acknowledgment of such notice received from the Attorney General or a deputy of the Attorney General shall be filed with the clerk in every proceeding involving a charitable interest prior to the entry of any decree.

CRITICALCivil cases

Applies to

Defendant expert report

The defendant must serve expert reports on the plaintiff within 30 days after service of the plaintiff’s expert reports.

The Defendant’s expert report(s) shall be served on the Plaintiff within 30 days of service of Plaintiff’s expert’s report(s)

CRITICALCivil cases

Service

Publication

Service by publication must follow Rule L430.

if service is to be made by publication, then service shall be made as provided by Rule L430.

CRITICALCivil cases

Applies to

Medical report

Medical reports must be provided to opposing counsel within 30 days of the examination.

except medical reports which shall be provided to opposing counsel within 30 days of the examination.

CRITICALCivil cases

The motion to place a case on the trial list must have proof of service attached.

Proof of Service is attached.

CRITICALCivil cases

Facsimile service is complete when transmission is confirmed.

and service by facsimile is complete when transmission is confirmed.

CRITICALCivil cases

At least 20 days’ advance written notice must be given to the Attorney General or the designated deputy in proceedings involving or affecting a charitable interest, subject to the stated exception.

(a) In every court proceeding involving or affecting a charitable interest with the exception hereinafter set forth, at least 20 days advance written notice thereof shall be given to the Attorney General of the Commonwealth at the principal office in Harrisburg, Pennsylvania, or to a deputy of the Attorney General designated for such purpose for the judicial district in which the proceeding is pending.

CRITICALCivil cases

Applies to

Objections

Service

Mail to all parties

If the notice includes a service list, the objector must mail the objections to every listed name and address.

Explanatory Comment: If the notice received by the objector has a service list appended to it setting forth the name and address of each interested party who received the notice under Rule 2.5, the objector must mail his or her objections to every name and address appearing on the service list.

CRITICALCivil cases

Service

Mail to all parties

The prothonotary must mail a copy of the award to the parties or their counsel.

The prothonotary shall file the award and enter the same in the proper dockets and transmit a copy thereof by mail to the parties or their counsel.

CRITICALCivil cases

Service

Mail

Service by mail is complete when the paper is mailed.

Service by mail is complete upon mailing,

CRITICALCivil cases

Applies to

Ex parte motion or petition

A motion or petition seeking ex parte action requires prior notice of its presentation to opposing counsel of record, except for emergency matters and uncontested routine matters.

(b ) Except for emergency matters and routine matters that are not contested, no motion or petition requesting ex parte action shall be heard by the court unless prior notice of its presentation has been given to opposing counsel of record.

CRITICALCivil cases

Service

Publication

Assignees and receivers must publish notice of their appointment weekly for two successive weeks in a newspaper of general circulation published in McKean County.

Assignees for the benefit of creditors and receivers shall, after they have entered security, give notice of their appointment, to every creditor and party in interest of whom they have knowledge, and shall also publish notice thereon once a week for two successive weeks in a newspaper of general circulation published in McKean County.

CRITICALCivil cases

A citation served as original process may not be served electronically unless the respondent agrees.

Service of a citation as original process shall not be permitted by electronic means, unless agreed to by the respondent.

CRITICALCivil cases

Notice or citation to an entity must be provided through its duly authorized representative, but may instead be provided to a qualifying representative if the entity will be represented by one.

(b) To entities. Whenever a citation under Rule 3.5(a) is to be served or notice under Rule 2.5 or Rule 3.5(b) is to be given to an entity, then such citation or notice shall be provided: (1) to the entity through the entity’s duly authorized representative; or (2) if the entity will be represented with respect to the matter at issue by a representative under the provisions of 20 Pa.C.S. §§ 7721 – 7726, then such notice or citation may instead be provided to such representative, including notice as required by 20 Pa.C.S. § 7725 that each such representative may decline to act as a representative for the entity.

CRITICALCivil cases

Service

Mail

A copy of objections must be sent to the accountant by prepaid first-class United States mail.

Objections to an Account and/or a petition for adjudication/statement of proposed distribution shall be filed with the clerk on or before the time and date of the audit in those counties holding an audit, and by a specified date in all other counties, with a copy sent by first-class United States mail, postage prepaid, to the accountant or

CRITICALCivil cases

Service of process, papers, or notices must follow Pennsylvania Rules of Civil Procedure 400–441 unless an Act, rule, or special court order provides otherwise.

(b) Except as otherwise provided by Act of Assembly, rule or special order of court, whenever any process, paper or notice is required to be served upon a party, such service shall be made in accordance with the procedure set forth in Pa.R.C.P. Nos. 400 - 441; if service is to be made by publication, then service shall be made as provided by Rule L430.

CRITICALCivil cases

Service

Publication

A party serving a successor by publication must advertise the Rule once in a McKean County newspaper and file proof of publication in the prothonotary's office.

When a party seeks to serve a successor by publication, he shall advertise a notice of the Rule one time in a newspaper of general circulation published in McKean County. Proof of such publication shall be filed in the prothonotary's office.

CRITICALCivil cases

If the specified service cannot be made, a copy must be left at or mailed to the party’s last known address.

(2) If such service cannot be made, service shall be made by leaving a copy at, or mailing a copy to, the last known address of the party to be served.

CRITICALCivil cases

If the officers are not the trustees ad litem or have not given written consent attached to the initial pleading, plaintiffs must serve them notice of the action within 10 days and file proof; the action is automatically stayed until proof is filed.

In case the said officers do not constitute the trustees ad litem, or have not consented to the prosecution of the action by consent in writing attached to the initial pleading, the plaintiffs shall serve notice, in the manner provided in Pa.R.C.P. No.440 of the bringing of the action upon said officers within 10 days thereafter and file proof thereof in the action; otherwise, the action shall be automatically stayed until such proof is filed.

CRITICALCivil cases

Applies to

Medical report

Medical reports must be provided to opposing counsel within 30 days of the examination.

except medical report(s) which shall be provided to opposing counsel within 30 days of the examination.

CRITICALCivil cases

Applies to

Responsive pleadings

Copies of the specified pleadings must be served on the accountant, if applicable, and each interested party and claimant who received the Rule 2.5 notice, or their counsel if represented.

(c) If filed, answers to objections, preliminary objections to objections, and answers to preliminary objections must be filed within 20 days after service of the applicable preceding pleading, with a copy served upon the accountant, if applicable, and to each interested party and claimant who received the notice pursuant to Rule 2.5, or to his or her counsel, if represented.

CRITICALCivil cases

Applies to

Bill of costs

A copy of a bill of costs must be served on opposing counsel.

A copy of the bill shall be served on opposing counsel.

CRITICALCivil cases

Serve under this rule personally through a competent adult or by registered mail, as specified in the cited Pennsylvania Rules of Civil Procedure.

Service under this rule shall be made by personal service by any competent adult as provided in Pa.R.C.P. No. 402 or by registered mail pursuant to Pa.R.C.P. No. 403.

CRITICALCivil cases

Applies to

Hearing notice

An auditor or master must notify the parties designated by local rules of scheduled hearings using the manner those rules prescribe.

An auditor or master appointed pursuant to 20 Pa.C.S. § 751 shall give notice of scheduled hearings in such manner and to such parties as local rules shall prescribe.

CRITICALCivil cases

Service

Publication

When the manner of authorized publication service is otherwise unspecified, publication must run for two consecutive weeks in a McKean County newspaper, proof must be filed with the prothonotary, and no further action may be taken until 20 days after the last publication.

Whenever service by publication is authorized by law or rule of court and the manner of publication is not otherwise specified, such service shall be made by publication for two consecutive weeks in a newspaper of general circulation within McKean County. No further action can be taken until 20 days after the last publication. Proof of publication shall be filed in the prothonotary's office.

CRITICALCivil cases

Applies to

Account filing notice

Before an Account may be confirmed or a proposed distribution approved, the accountant must give written notice of filing to the applicable unpaid claimants and known claimants or interested beneficiaries, heirs, or next of kin, subject to the stated exceptions.

No Account shall be confirmed or statement of proposed distribution approved unless the accountant has given written notice of the filing of the Account as provided in subparagraph (d) of this Rule to the following, as applicable: (1) every unpaid claimant who has given written notice of his or her claim to the accountant or who has performed any action that is the equivalent of giving written notice as provided in 20 Pa.C.S. §§ 3384 or 7755; (2) any other individual or entity with an asserted claim known to the accountant that is not shown in either the Account or the petition for adjudication/statement of proposed distribution as being either paid in full or to be paid in full; (3) any other individual or entity known to the accountant to have or claim an interest in the estate or trust as a beneficiary, heir, or next of kin, except for those legatees or claimants whose legacies or claims have been satisfied in full as reflected in the Account or will be satisfied in full as proposed in the petition for adjudication/statement of proposed distribution; and (4) For an Account where a charitable interest is involved, refer to Rule 4.4.

CRITICALCivil cases

Applies to

Report notice

An auditor or master must give notice of filing or intent to file a report in the manner and to the parties prescribed by local rules.

An auditor or master shall give notice of the filing of the report or of the intention to file the report in such manner and to such parties as local rules shall prescribe.

CRITICALCivil cases

Applies to

Citation

The party requesting issuance of a Register citation is responsible for serving it.

Service of citations issued by the Register shall be the responsibility of the party requesting the issuance of the citation.

CRITICALCivil cases

Applies to

Notice

Service

Publication

The prothonotary must also publish the notice for two successive weeks in a newspaper of general circulation published in McKean County.

Such notice shall be given by mailing the same to the last known address of the one entitled to receive the same, at least three weeks before the presentation of the account to the court, and shall also be published by the prothonotary for two successive weeks in one newspaper of general circulation published in McKean County.

CRITICALCivil cases

Service

Publication

For service by publication under Pa.R.C.P. No. 3110(c), publish the notice once in a McKean County newspaper and file proof of publication in the prothonotary's office.

When the Plaintiff seeks to serve a party by publication as provided in Pa.R.C.P. No. 3110 (c) it shall be sufficient service to publish said notice one time in a newspaper of general circulation in McKean County. Proof of such publication shall be filed in the prothonotary's office.

CRITICALCivil cases

Service

Mail to opposing party

The sheriff must mail one copy of the handbill to the defendant by certified United States mail.

One copy of the handbill shall be mailed, by certified United States mail, to the defendant by the sheriff.

CRITICALCivil cases

Applies to

Citation and petition

When an interested party is represented, the citation and petition must be served on the representative under Rule 4.2.

(6) If an interested party (whether sui juris or not) is represented by another, the citation and petition shall be served upon the interested party’s representative(s) pursuant to Rule 4.2.

CRITICALCivil cases

Covered papers may be served by hand, prepaid first-class mail, or leaving a copy at counsel’s listed address or another address agreed to by the party.

(1) by handing, or mailing by first-class United States mail, postage prepaid, a copy to, or leaving a copy for, each party at the address of the party’s counsel of record listed on an entry of appearance or prior pleading of the party, or at such other address as a party may agree;

CRITICALCivil cases

A party may require an original by filing a notice with the clerk and serving a copy on the filing party.

Any party may require the filing party to file the original of a legal paper or exhibit by filing a notice to file with the clerk and serving a copy of the notice upon the filing party.

CRITICALCivil cases

Service

Mail to all parties

After an appraisal or designation, the sheriff must promptly and before sale mail notice by first-class U.S. mail to all interested parties, including notice of the right to appeal within 48 hours.

The sheriff following an appraisal or designation shall immediately thereafter and before sale give notice thereof by first class United States mail to all interested parties of the appraisal or designation, which notice shall set forth the right of appeal to the Court of Common Pleas within 48 hours thereof.

CRITICALCivil cases

Electronic service is complete when the paper is emailed to the recipient or the recipient is emailed notice that it is filed and available on the court’s website.

Electronic service is complete when the legal paper is sent to the recipient’s email address, or when the recipient is notified by email that a legal paper affecting the recipient has been filed and is available for review on the court’s website.

CRITICALCivil cases

Notice must be served personally or by first-class prepaid mail on each entitled recipient whose address is known or reasonably available to the personal representative.

Notice shall be given by personal service or by first-class, prepaid mail to each person and entity entitled to notice under subparagraph (a)(1) – (9) whose address is known or reasonably available to the personal representative.

CRITICALCivil cases

Applies to

Responsive pleading

A copy of each responsive pleading must be sent to the petitioner or counsel and the identified interested parties or their identified counsel.

A copy of the responsive pleading shall be sent to the petitioner or his or her counsel, if represented, and all interested parties identified in the petition or counsel representing an interested party if so identified in the petition or in a subsequent pleading.

CRITICALCivil cases

Service

Publication

Auditors must publish notice of the hearing time and place once a week for two successive weeks in a McKean County newspaper of general circulation.

Auditors shall give public notice of the time and place of hearings before them, by advertisement once a week for 2 successive weeks in a newspaper of general circulation of McKean County, stating therein that all persons must prove their claims before them or be debarred from coming upon the fund.

CRITICALCivil cases

Unless another law or court rule provides otherwise, the filing party must promptly serve each filed paper on all other parties or their attorneys, in accordance with Pa.R.C.P. No. 440, and file proof, acceptance, or a certificate of service.

Unless otherwise provided by an Act of Assembly or Rule of court, a copy of each paper filed in any case, other than the writ, complaint, or other process by which an action is commenced, shall be served by the party filing it promptly upon all other parties to the litigation or their attorneys of record. The manner of service shall be in conformity with Pa.R.C.P. No. 440. No matter shall be considered by the court unless there has been filed either a proof of service, acceptance of service or certificate of service.

CRITICALCivil cases

When counsel has appeared for a person or entity who would otherwise receive notice or citation, it must instead be given to counsel, except that Rule 2.5(b) requires notice to both counsel and the represented recipient.

(c) Counsel. If counsel has entered an appearance on behalf of an individual, entity or representative who would otherwise receive notice or a citation as provided under subparagraphs (a) and (b) of this Rule, then such notice or citation shall instead be given to counsel, except as provided in Rule 2.5(b) wherein the notice must be given to both counsel and the individual, entity or representative.

CRITICALCivil cases

Notice or citation for an individual who is not sui juris or is unborn, unknown, or unascertained must be provided to the individual's representative and, if appointed, also to the guardian or trustee ad litem.

(2) If the individual is not sui juris, or is unborn, unknown or unascertained, then such notice or citation shall be provided to such individual’s representative with respect to the matter at issue under the provisions of 20 Pa.C.S. §§ 751(6) or 7721 – 7726, including notice required by 20 Pa.C.S. § 7725 that each such representative may decline to act as a representative for the individual; provided, however, that if a guardian or trustee ad litem has been appointed to represent such individual by the court having jurisdiction over the matter at issue, then such notice or citation shall also be provided to the guardian or trustee ad litem.

CRITICALCivil cases

The motion seeking to excuse a person from in-person mediation must be copied to all counsel and the mediator when filed.

A person seeking to be excused must file a motion with the court no fewer than 10 days before the date set for the mediation, simultaneously copying all counsel and the mediator.

CRITICALCivil cases

Each party must provide its pre-trial statement to the other counsel of record.

Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth in Pa.R.C.P. No. 212.2.

CRITICALCivil cases

(a) To individuals. Whenever a citation under Rule 3.5(a) is to be served or notice under Rule 2.5 or Rule 3.5(b) is to be given to an individual: (1) If the individual is sui juris, or if the individual has reached the age of 18 and is believed to be incapacitated (under the provisions of Chapter 55 of Title 20), but for whom no guardian is known to have been appointed by a Pennsylvania court or by the court of any other jurisdiction (including a guardian ad litem with respect to the matter at issue), then such notice or citation shall be provided: (i) to the individual; or (ii) if the individual will be represented with respect to the matter at issue by a representative under the provisions of 20 Pa.C.S. §§ 7721 – 7726, then such notice or citation may instead be provided to such representative, including notice as required by 20 Pa.C.S. § 7725 that each such representative may decline to act as a representative for the sui juris individual.

(a) To individuals. Whenever a citation under Rule 3.5(a) is to be served or notice under Rule 2.5 or Rule 3.5(b) is to be given to an individual: (1) If the individual is sui juris, or if the individual has reached the age of 18 and is believed to be incapacitated (under the provisions of Chapter 55 of Title 20), but for whom no guardian is known to have been appointed by a Pennsylvania court or by the court of any other jurisdiction (including a guardian ad litem with respect to the matter at issue), then such notice or citation shall be provided: (i) to the individual; or (ii) if the individual will be represented with respect to the matter at issue by a representative under the provisions of 20 Pa.C.S. §§ 7721 – 7726, then such notice or citation may instead be provided to such representative, including notice as required by 20 Pa.C.S. § 7725 that each such representative may decline to act as a representative for the sui juris individual.

CRITICALCivil cases

Applies to

Appeal

An appellant must furnish the prothonotary with a copy of the arbitration award appeal for the court administrator.

Appellant shall furnish the prothonotary with a copy of the appeal from the award of the Board of Arbitration for the court administrator.

CRITICALCivil cases

Service

Publication

For service on a garnishee by publication under Pa.R.C.P. No. 3112(c), publish the notice once in a McKean County newspaper and file proof of publication in the prothonotary's office.

Whenever a party seeks to serve a garnishee by publication as provided in Pa.R.C.P. No. 3112(c) it shall be sufficient service to publish said notice one time in a newspaper of general circulation in McKean County. Proofs of publication shall be filed in the prothonotary's office.

CRITICALCivil cases

Applies to

Pleadings, briefs, and memoranda of law

Copies of pleadings and related briefs or memoranda must be served on every other party, except the specified notices and citations.

Copies of all pleadings, and any brief or memorandum of law in connection therewith, other than notices served pursuant to Rule 2.5 or citations served pursuant to Rule 3.5(a), filed in an action or served upon any party to an action shall be served upon every other party to the action.

CRITICALCivil cases

Applies to

Notice of entry of order

The moving party must notify all parties when the order is entered.

Notice of the entry of the order shall be provided to all parties by the moving party.

CRITICALCivil cases

Applies to

Plaintiff expert report

The plaintiff must serve expert reports on the defendant within 60 days after discovery closes.

The Plaintiff’s expert report(s) shall be served on the defendant within 60 days from the close of discovery

CRITICALCivil cases

After entering security, assignees and receivers must notify every creditor and interested party whose identity they know of their appointment.

Assignees for the benefit of creditors and receivers shall, after they have entered security, give notice of their appointment, to every creditor and party in interest of whom they have knowledge

WARNINGCivil cases

Parties wishing to extinguish liens upon real estate in which they have an interest may, on motion and such notice to the creditor as the court may direct, pay into court the amount due and have satisfaction entered upon the lien.

Parties wishing to extinguish liens upon real estate in which they have an interest may, on motion and such notice to the creditor as the court may direct, pay into court the amount due and have satisfaction entered upon the lien.

WARNINGCivil cases

Electronic service is permitted if the parties agree or an email address appears on a previously filed entry of appearance or other legal paper.

Service may be effected by electronic transmission if the parties agree thereto or if an email address is included on an entry of appearance or other legal paper previously filed with the court in the action.

WARNINGCivil cases

Unless the court directs otherwise, notice to the Attorney General is not required for a charitable pecuniary legacy of $25,000 or less that has been or will be paid in full.

(c) Unless the court directs otherwise, no notice to the Attorney General or a deputy of the Attorney General shall be required with respect to a pecuniary legacy to a charity in the amount of $25,000 or less which has been or will be paid in full.

WARNINGCivil cases

Service

Mail

After the citation for personal jurisdiction has been served as original process, notice of a rescheduled return date or other rescheduled date may be served by prepaid first-class U.S. mail at least 20 days beforehand.

Once the citation to obtain personal jurisdiction has been served upon the cited party by original process in accordance with subparagraph (a)(2), then notice of a rescheduled return date or any other rescheduled date for filing a responsive pleading or appearing before the court may be served by first-class United States mail, postage prepaid, at least 20 days before such rescheduled date.

WARNINGCivil cases

Notice of a claim given to the accountant’s counsel of record is notice to the accountant.

Pursuant to the cross-references to 20 Pa.C.S. §§ 3384 and 7755, notice of the claim given to accountant’s counsel of record is notice to the accountant.

WARNINGCivil cases

Service

Publication

If service cannot be made under the specified original-process rules, the court may order service by publication under Pa.R.C.P. No. 430.

If service cannot be made under the foregoing rules, the court may order service by publication in accordance with Pa.R.C.P. No. 430.

WARNINGCivil cases

A party moving to pay an admitted amount into court must give the adverse party whatever notice the court directs.

A party to an action may, upon motion and such notice to the adverse party as the court may direct, pay into court the amount admitted to be due, together with costs, if any.

WARNINGCivil cases

After a mental or physical examination under Pa.R.C.P. No. 4010, counsel must be prepared to exchange medical reports as provided there, no more than 30 days after the examination.

When a mental or physical examination has been made pursuant to Pa.R.C.P. No. 4010, counsel shall be prepared to exchange medical reports, as provided therein, not more than 30 days after the examination has been made.

WARNINGCivil cases

Service may be made by electronic transmission as provided by subparagraph (d).

(3) by electronic transmission as provided in subparagraph (d).

WARNINGCivil cases

A facsimile copy may be transmitted to counsel of record as provided by subparagraph (c).

(2) by transmitting a facsimile copy to the party’s counsel of record as provided by subparagraph (c);

WARNINGCivil cases

Facsimile service is permitted if the parties agree or a fax number appears on a previously filed entry of appearance or other legal paper.

(1) A facsimile copy may be served if the parties agree thereto or if a facsimile telephone number is included on an entry of appearance or other legal paper previously filed with the court in the action.

WARNINGCivil cases

Including a fax number or email address on a legal paper constitutes agreement to accept service by fax transmission or electronic transmission.

If the legal paper includes a facsimile telephone number and/or email address, that party or his or her counsel agrees to accept service of legal paper by transmission of a facsimile copy or by electronic transmission.

WARNINGCivil cases

Service

Mail

When the citation is not for obtaining personal jurisdiction, the petition and citation may be served by prepaid first-class U.S. mail at least 20 days before a responsive pleading is due.

If the citation is not being issued in order to obtain personal jurisdiction over an interested party, the petition and the citation may be served by first-class United States mail, postage prepaid, at least 20 days before the date when a responsive pleading is due.

INFOCivil cases

Service under Rule 4.3 may occur even if the local judicial district has not implemented electronic filing.

Service of legal papers as provided in Rule 4.3 can occur even if the local judicial district has not implemented electronic filing.

INFOCivil cases

(d) Additional service or notice. Notwithstanding the foregoing, if the court having jurisdiction over the matter determines that the representation is or might be inadequate, then the court may in its discretion direct to whom a citation or notice shall be provided.

(d) Additional service or notice. Notwithstanding the foregoing, if the court having jurisdiction over the matter determines that the representation is or might be inadequate, then the court may in its discretion direct to whom a citation or notice shall be provided.

INFOCivil cases

Applies to

Arbitration discovery request

The defendant may serve arbitration discovery requests with the Answer or afterward on the plaintiff.

They may be served together with the copy of the Answer or on the plaintiff thereafter.

INFOCivil cases

Applies to

Citation

A sheriff is not required to serve a clerk-issued citation; any adult may serve it and file proof of service under Rule 3.5(a)(7).

A sheriff does not need to serve the citation issued by the clerk; instead, any adult person may serve the citation and file the proof of service in accordance with subparagraph (a)(7) of this Rule 3.5.

INFOCivil cases

Service

Electronic service

The clerk and court may serve notices, opinions, and orders electronically if any one of the stated conditions applies.

(a) The clerk and the court may serve all notices, opinions, and orders via electronic means where any one of the following has occurred: (1) the parties have agreed to receipt of legal paper by electronic transmission; (2) the underlying legal paper related to the notice, opinion or order was electronically filed; or (3) an email address appears on an entry of appearance or other legal paper previously filed with the clerk in the action.

INFOCivil cases

Applies to

Arbitration discovery request

The plaintiff may serve arbitration discovery requests with the Complaint or afterward on the defendant.

They may be served together with the copy of the Complaint or on the defendant thereafter.

INFOCivil cases

The clerk and court may serve notices, opinions, and orders by facsimile in accordance with Rule 4.3(c).

(b) The clerk and the court may serve all notices, opinions, and orders by facsimile in accordance with Rule 4.3(c).