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

CRITICALCriminal cases

The Confidential Information Form must be served on and made available to the parties, the Court, and appropriate Court staff as provided in the Public Access Policy.

The Confidential Information Form shall be served on and made available to the parties to the case, the Court and appropriate Court staff, as provided in the Public Access Policy.

CRITICAL

Requesting parties must serve the filed Form B on the District Court Administrator by hand delivery, mail, facsimile, or email to the specified address.

Requesting parties shall serve the filed Form B – Notice of Payment on the District Court Administrator by hand delivery, by mail, by facsimile transmission, or by email to transcripts@monroepacourts.us.

CRITICAL

Applies to

Notice of hearing

Service

Publication

The Applicant or Solicitor attorney must publish hearing notice weekly for two consecutive weeks in the specified publications, with the final advertisement at least three days before the hearing.

Applicant or Solicitor attorney shall publish Notice of the Hearing once a week for two consecutive weeks in the Monroe Legal Reporter and in one newspaper of general circulation published in Monroe County, the last advertisement to appear not less than three (3) days prior to the scheduled hearing;

CRITICALCriminal cases

A party unable to e-file, accept electronic service, or access PACFile must be served legal papers in physical paper format by the Clerk of Courts and other parties as required by Pa.R.Crim.P. 576.

Any party who is unable to electronically file or accept service of legal papers which were filed electronically, or who is otherwise unable to access the PACFile system, shall be permitted to file legal papers in a physical paper format and shall be served legal papers in a physical paper format by the Clerk of Courts and other parties, whether electronically filed or otherwise, as required by Pa.R.Crim.P. 576.

CRITICAL

The moving party must serve the citation and petition on all other interested parties and file a certificate of service.

The citation and a copy of the petition for appeal shall be served by the moving party on all other interested parties and a certificate of service shall then be filed within five (5) days with the Clerk of the Orphans’ Court.

CRITICAL

Deadline

24 hours

A copy of each post-trial relief motion must be delivered to the adverse party within 24 hours after filing.

A copy of any Motions for Post-Trial Relief shall be delivered to the trial judge, the official court reporter and the adverse party within twenty- four (24) hours after filing them with the Prothonotary.

CRITICALCivil cases

The statement of objections and the other materials described in the objection procedure must be served on all counsel of record and unrepresented parties.

All of the foregoing shall be served on all counsel of record and unrepresented parties.

CRITICAL

The respondent shall deliver his brief to the moving party and file a copy with the Prothonotary five (5) days before the

The respondent shall deliver his brief to the moving party and file a copy with the Prothonotary five (5) days before the

CRITICAL

Applies to

Expert report

The plaintiff’s expert reports must be completed and served on the defendant by the date specified in the case management order.

Plaintiff’s expert reports shall be completed and served upon Defendant by , 20 .

CRITICAL

Service

Electronic service

Accepted pleadings and legal papers are electronically served, except the specified citations and notices; court and Clerk notices, opinions, and orders are also electronically served.

If a pleading or legal paper, other than a citation served pursuant to Pa.R.O.C.P. 3.5(a) or a notice served pursuant to Pa.R.O.C.P. 2.5, is accepted for filing, it will be electronically served as authorized by Pa.R.O.C.P. 4.3(d). All notices, opinions, and orders filed by the Clerk of Orphans’ Court or the Court will be electronically served as authorized by Pa.R.O.C.P. 4.5(a).

CRITICALCivil cases

The completed motion, concurrence/non-concurrence form, and proposed order must be filed with the Prothonotary, with copies served on the hearing officer, Court Administration, and all parties.

The completed motion, concurrence/non-concurrence form and proposed order shall be filed in the office of the Prothonotary and copies served on the hearing officer, the office of Court Administration and all parties, with a certificate of service.

CRITICALCivil cases

Applies to

Legal paper other than original process

Legal papers other than original process must be served on every other party under Pa.R.C.P. 440, on or before the date they are filed.

(a) Manner of Service. Copies of all legal papers other than original process filed in an action or served upon any party shall be served upon every other party to the action in conformity with Pa.R.C.P. 440. (b) Time for Service. Service shall be made upon every other party to the action on or before the date the legal paper is filed with the court.

CRITICAL

The moving party must deliver a copy of its brief to the adverse party 15 days before the date set for argument.

Fifteen (15) days before the date set for argument, the moving party shall deliver a copy of his brief to the adverse party

CRITICALCivil cases

After receiving prospective continuance dates, the moving party must forward the dated concurrence/non-concurrence form to all responding parties or their counsel.

Upon receipt of prospective continuance dates from the office of the Court Administrator, the moving party shall forward to all responding parties, or if represented, to their counsel, the concurrence/non- concurrence form setting forth the prospective continuance dates.

CRITICAL

Applies to

Bankruptcy stay notice

The moving party must provide a copy of the bankruptcy-stay notice to all parties and the assigned judge.

The moving party shall provide a copy of said notice to all parties and the assigned judge.

CRITICALCriminal cases

Applies to

Motion for continuance

A continuance motion must be served on opposing counsel no later than the time it is filed.

A copy of the motion shall be served on opposing counsel at or before the time of filing.

CRITICAL

Applies to

Pleading or legal paper

Service

Electronic service

An accepted pleading or legal paper other than original process will be electronically served under the cited procedural rules.

If the pleading or legal paper other than original process is accepted for filing, it will be electronically served as authorized by Pa.R.Civ.Pro. 205.4(g)(1)(ii) and service shall be effectuated as provided in Pa.R.Civ.Pro. 205.4(g)(2)(ii).

CRITICAL

A request to be excused must be copied to all counsel when it is submitted to the mediator.

A person seeking to be excused must submit, no fewer than ten (10) days before the date set for the mediation, a written request to the mediator, simultaneously copying all counsel.

CRITICAL

Interested parties must receive copies of the inventory, annual reports, and all court orders in the matter.

The following parties were determined by the court to be interested parties and shall receive a copy of the inventory, annual reports and all court orders in this matter:

CRITICAL

Applies to

Praecipe for arbitration

The moving party must serve a copy of the Praecipe for Arbitration and certify that service.

I CERTIFY that a copy of this Praecipe has been served on the following by the moving party.

CRITICAL

Upon transcript completion, a copy of Form A must be served on the requesting party by email if available or by regular mail, and on the District Court Administrator.

(C) Upon completion of the transcript, the Court Reporter, Recorder or Transcriptionist shall file of record Form A – Notice of Completion of Transcript and serve a copy on the requesting party by electronic mail, if available, or regular mail and the District Court Administrator.

CRITICALCivil cases

I certify that I have provided or will immediately provide a copy of this Notice of Intention to File a Motion Requesting the Appointment of a Divorce Hearing Officer on all counsel of record and all self-represented parties at the following address:

I certify that I have provided or will immediately provide a copy of this Notice of Intention to File a Motion Requesting the Appointment of a Divorce Hearing Officer on all counsel of record and all self-represented parties at the following address:

CRITICAL

A copy of the mediation closing documents must be served on the presiding judge.

The memorandum of principal terms agreed upon, or the statement of no resolution, together with a petition to approve any agreement reached by the parties shall be filed with the Clerk of the Orphans’ Court and a copy served on the presiding judge.

CRITICAL

Applies to

Transcript request

Transcript requests must be served in accordance with Pa.R.J.A. 4007(B).

Service of the request shall be made in accordance with Pa.R.J.A. 4007(B).

CRITICAL

Service

Email to all parties

The Court Administrator or designee must send arbitration notice to counsel by email or directly to unrepresented parties by certified and regular mail.

Notice of the date, time and place of arbitration shall be provided to counsel for the parties via electronic mail or, if unrepresented, to the party directly via certified and regular mail by the Court Administrator, or her/his designee, and shall include the following provision pursuant to Pa. R.C.P. 1303(a)(2):

CRITICALCivil cases

Applies to

Motion for continuance

Service

Mail to opposing party

The certification states that concurrence was sought by mailing the continuance motion and a copy of the certification to the respondent or respondent’s counsel.

by mailing the motion for continuance of divorce hearing officer’s hearing, with a copy of this certification of concurrence, non- concurrence or no reply to the following, addressed as follows on [date of mailing]:

CRITICAL

Before filing a schedule, written notice and a copy must be given to affected interested parties or their counsel who have not filed written approval, and proof of notice must be filed with the Court.

Notice of the filing of a schedule of distribution shall be given in writing, together with a copy of the schedule, prior to the filing thereof, to all interested parties who may be affected thereby, or their counsel of record, who do not attach or file their written approval with the schedule. Proof of notice shall be filed with the Court as set forth in Pennsylvania Orphans’ Court Rule 4.3.

CRITICAL

Applies to

Notice of hearing

Service

Publication

Applicant/Solicitor must publish hearing notice weekly for two consecutive weeks in the specified publications, with the final advertisement at least three days before the hearing.

Applicant/Solicitor shall ensure that notice of the hearing date is published once a week for two consecutive weeks in the Monroe Legal Reporter and in one newspaper of general circulation published in Monroe County, the last advertisement to appear not less than three (3) days prior to the scheduled hearing;

CRITICALCivil cases

All parties must provide the pre-trial statement to the Court and all other parties no later than five days before the conference.

No later than five days prior to the pre-trial conference, all parties shall provide to the Court and all other parties a pre-trial statement,

CRITICAL

The guardian must send the inventory and annual reports to everyone listed on the List of Interested Parties Requiring Notice.

The guardian shall send a copy of the inventory and the annual reports of the guardian to everyone set forth in the “List of Interested Parties Requiring Notice.”

CRITICAL

Applies to

Transcript cost waiver or reduction request

A request to waive or reduce transcript costs must be served in accordance with Pa.R.J.A. 4007(B).

Requests for waiver or reduction of costs shall be made by motion to the Judge of record, filed of record in the appropriate filing office, and served in accordance with Pa.R.J.A. 4007(B).

CRITICAL

The party obtaining a rule to show cause must promptly serve the order specifying a return date and the underlying petition on each attorney of record and unrepresented party as prescribed by Pa.R.C.P. 440.

The party obtaining the issuance of a rule to show cause shall forthwith serve a true and correct copy of the court order entering the rule and specifying a return date, along with a copy of the underlying petition upon each attorney of record and unrepresented party in the matter prescribed by Pa.R.C.P. 440.

CRITICAL

The applicant or attorney must serve the petition on the Monroe County District Attorney and file a certificate of service with the Clerk of Courts.

(3) Applicant/Attorney shall serve a copy of the Petition on the District Attorney of Monroe County and shall file a Certificate of Service with the Clerk of Courts evidencing such service.

CRITICAL

The petitioner must provide the Department of Revenue’s Office of Chief Counsel a copy of the petition and hearing notice at least 21 days before the hearing.

Petitioner shall provide a copy of the petition and notice of the hearing date to the Office of Chief Counsel, Department of Revenue, Commonwealth of Pennsylvania, at least twenty-one (21) days prior to the hearing date.

CRITICAL

Service

Publication

The Monroe County Legal Reporter is the designated legal periodical for publishing all notices.

The Monroe County Legal Reporter shall be the legal periodical for the publication of all notices.

CRITICAL

If a party previously indicated that it would call a witness but will not call that witness, it must give opposing counsel three days’ notice.

If a party has indicated that a witness will be called, three days’ notice shall be given to opposing counsel if the witness will not be called for any reason.

CRITICAL

Service

Publication

The applicant or attorney must publish hearing notice weekly for two consecutive weeks in the Monroe Legal Reporter and a Monroe County newspaper, with the last advertisement at least three days before the hearing.

(i) Applicant/Attorney shall ensure that notice of the hearing date is published once a week for two consecutive weeks in the Monroe Legal Reporter and in one newspaper of general circulation published in Monroe County, the last advertisement to appear not less than three (3) days prior to the scheduled hearing;

CRITICAL

The electronic filer must serve opposing parties or attorneys who are not registered C-Track users in accordance with the Pennsylvania Rules of Civil Procedure.

The electronic filer must serve the electronically filed legal papers upon any opposing parties or attorneys who are not registered users of the C-Track E-Filing Portal in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICAL

Service

Publication

When no statute or court rule prescribes how required notice must be given, it must be published once in a county newspaper of general circulation and once in the Monroe County Legal Reporter immediately preceding the event.

Whenever notice is required to be given and the manner thereof is not prescribed by statute or rule of Court, the notice shall be published once in one newspaper of general circulation published in the county, and once in the Monroe County Legal Reporter immediately preceding the event.

CRITICALCivil cases

The moving party must serve the time-stamped notice on all counsel of record and unrepresented parties at least 20 days before filing the motion.

The moving party has filed of record and served a time stamped copy of the party’s written notice of intention to file a motion for the appointment of a divorce hearing officer together with a certificate of service, using the forms set forth below, to all counsel of record and unrepresented parties a minimum of 20 days prior to the filing of the motion for the appointment of a divorce hearing officer.

CRITICAL

Service

Email

The Court Administrator must email the appointment notice to each attorney of record and appointed arbitrator.

The Court Administrator shall email a copy of the notice of appointment to each attorney of record and to each arbitrator appointed.

CRITICAL

Service

Publication

The Clerk must advertise the date, time, and place of each monthly account submission once weekly for two successive weeks immediately beforehand in the specified publications.

In addition to the requirements set forth in Pa. Orphans’ Court Rule 2.5, notice of an account filing shall also be made by the Clerk of the Orphans’ Court giving notice by advertisement of the date, time, and place of each monthly submission of accounts to the Court. Such advertisement shall be published once per week for two (2) successive weeks immediately preceding the date of submission of the accounts to the Court in the Monroe Legal Reporter and a newspaper of general circulation in Monroe County.

CRITICAL

Before requesting service under this rule, the moving party must demonstrate compliance with Pa.R.C.P. 430.

Prior to requesting service pursuant to this rule, the moving party must demonstrate compliance with Pa.R.C.P. 430.

CRITICAL

Service

Mail

The Clerk of Orphans’ Court must mail all court orders to everyone listed on the List of Interested Parties Requiring Notice.

The Clerk of Orphans’ Court shall mail a copy of all court orders to everyone set forth in the “List of Interested Parties Requiring Notice.”

CRITICAL

A party seeking costs must serve a copy of the bill of costs on all other parties.

A party entitled to costs shall file a bill of costs, accompanied by an affidavit as to correctness, with the Prothonotary, and serve a copy thereof upon all other parties.

CRITICAL

The Confidential Information Form must be served on and made available to the parties, the Court, and appropriate Court staff as provided in the Public Access Policy.

The Confidential Information Form shall be served on and made available to the parties to the case, the Court and appropriate Court staff, as provided in the Public Access Policy.

CRITICAL

Service

Mail to all parties

Counsel who has entered an appearance in a matter pending solely before the Register of Wills, shall be permitted to withdraw upon good cause provided to the Register of Wills by filing a written notice of the withdrawal with the Register of Wills and a copy to all interested parties, heirs, and any other counsel in the matter by first class United States mail postage pre-paid.

Counsel who has entered an appearance in a matter pending solely before the Register of Wills, shall be permitted to withdraw upon good cause provided to the Register of Wills by filing a written notice of the withdrawal with the Register of Wills and a copy to all interested parties, heirs, and any other counsel in the matter by first class United States mail postage pre-paid.

CRITICAL

Service

Mail

For a party without an attorney, the Court Administrator must mail the appointment notice to the party’s last known address by certified and regular mail.

In the event that any party is not represented by an attorney, the Court Administrator shall send such copy to the party at her/his last known address by certified and regular mail.

CRITICAL

Service

Electronic service

The C-Track Portal automatically distributes electronically filed legal papers to registered appearing users selected by the filer, and that distribution constitutes service for papers other than original process.

The C-Track E-Filing Portal will automatically distribute a copy of any legal paper filed in a case to each registered C-Track user who has entered his or her appearance in that case and has been selected by the electronic filer to receive electronic service. Such automatic distribution by the C-Track E- Filing Portal of electronically filed legal papers other than original process constitutes service in accordance with the Pennsylvania Rules of Civil Procedure.

CRITICAL

Applies to

Notice of hearing

Service

Publication

The applicant or attorney must publish the hearing notice weekly for two consecutive weeks in the specified publications, with the final advertisement appearing at least three days before the hearing.

Applicant or Applicant’s attorney shall publish Notice of the Hearing once a week for two consecutive weeks in the Monroe Legal Reporter and in one newspaper of general circulation published in Monroe County, the last advertisement to appear not less than three (3) days prior to the scheduled hearing

WARNING

Before the call on a proposed termination, the applicable court office must notify all parties and/or attorneys, including by publication where required.

Notice of the proposed termination as provided by Pa.R.J.A. 1901(c), and as provided by Pa.R.Civ.P. 230.2 for actions governed by the Pennsylvania Rules of Civil Procedure, shall be given by the Prothonotary, Register of Wills, Clerk of Orphans Court, and Clerk of Courts, as applicable, to all parties and/or attorneys before the call, including, where required, by publication in the Monroe Legal Reporter.

WARNING

Service

Electronic service

For portal transmissions on weekends, Monroe County holidays, or after 5:00 PM EST/EDT, service is complete when the legal paper is sent to the recipient’s email address.

Service through the C-Track E-Filing Portal upon transmission on a Saturday, a Sunday, a holiday recognized by Monroe County, or after 5:00 PM EST/EDT, shall be considered complete when a legal paper is sent to the recipient’s electronic mail address, in accordance with Pa.R.C.P. § 205.4(g)(2).

WARNINGCriminal cases

Service

Electronic service

Establishing a PACFile account constitutes consent to participate in electronic filing and to accept electronic service of PACFile-filed documents in districts permitting electronic filing.

Pursuant to Pa.R.Crim.P. 576.1(D)(2), establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed on the PACFile system in any judicial district that permits electronic filing.

WARNING

A copy of this request has been provided to the following by the moving party: Name: Address:

A copy of this request has been provided to the following by the moving party: Name: Address:

WARNING

Defendant’s expert reports must be completed and served on Plaintiff by the date entered in the form.

Defendant’s expert reports shall be completed and served upon Plaintiff by , 20 .

WARNING

Service

Electronic service to all parties

Registered C-Track users consent to electronic service of portal-filed documents other than original process in civil proceedings that permit electronic filing.

Establishment as a registered user of the C-Track E-Filing Portal constitutes consent to participate in electronic filing, including acceptance of service electronically of any document, other than original process, filed on the C- Track E-Filing Portal in any type of civil proceeding that permits electronic filing.

INFO

Applies to

Notice of proposed termination

Service

Electronic service

Notice of proposed termination may also be electronic when a party in the case is a registered C-Track user.

In addition to the procedures set forth in Pa.R.Civ.Pro. 230.2, in cases where a party is a registered user of the C-Track E-Filing Portal on a case listed for proposed termination, notice of proposed termination may also be electronic.