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

CRITICALCivil cases

Applies to

Exceptions and supporting brief

The party filing exceptions must serve copies of both the exceptions and supporting brief on all other parties.

A party who files exceptions to the hearing officer’s report pursuant to Pa.R.C.P. 1915.4-2(b)(4) shall contemporaneously file a supporting brief and serve a copy of the exceptions and brief on all other parties.

CRITICALCivil cases

The party filing exceptions and a supporting brief must serve copies of both on all other parties.

A party who files exceptions to the hearing officer’s report pursuant to Pa.R.C.P. 1915.4-2(b)(4) shall contemporaneously file a supporting brief and serve a copy of the exceptions and brief on all other parties.

CRITICAL

Service

Mail

Within 20 days after filing a report, the guardian must serve written notice on each care provider, next-of-kin, and all interested parties by first-class mail.

(c) The guardian shall serve written notice of the filing of the report upon each care provider, next-of-kin, and all interested parties by first-class mail within 20 days of filing the report in substantially the following form:

CRITICALCivil cases

Applies to

Certificate of readiness

A copy of Prothonotary Form 212 must be served on all counsel when the form is filed.

A copy of Prothonotary Form 212 shall be served on all counsel contemporaneously with the filing thereof.

CRITICAL

The hearing notice must be served as prescribed by Pa. O.C. Rule 15.6 and Section 2513(b) of the Adoption Act.

Service of the notice of hearing shall be as prescribed by Pa. O.C. Rule 15.6 and by Section 2513(b) of the Adoption Act.

CRITICALCivil cases

The moving party must immediately serve all interested parties with the original pleading, order, program brochure, and custody questionnaire, and file an affidavit verifying service.

The moving party shall immediately serve on all interested parties a copy of the original pleading, this order, the designated Parent Education Program Brochure which includes registration and information, and a custody conciliation questionnaire; and shall further file an affidavit verifying service.

CRITICALCivil cases

Applies to

Arbitration certificate of readiness

The Prothonotary must promptly serve the arbitration certificate of readiness on the Court Administrator.

The Prothonotary shall promptly serve the certificate upon the Court Administrator.

CRITICAL

Service

Personal service

unless excused by Order of Court, notice shall also be given by personal service or registered mail to the last known address of all non-joining interested parties

unless excused by Order of Court, notice shall also be given by personal service or registered mail to the last known address of all non-joining interested parties

CRITICALCivil cases

Applies to

Pretrial memorandum

A copy of each party's pretrial memorandum must be provided to opposing counsel.

(b) At least 1 week prior to the pre-trial conference, each of the parties shall submit a memorandum to the Court, with a copy to opposing counsel, containing:

CRITICALCivil cases

The Court Administrator must give the arbitrators, parties, or their attorneys at least 30 days’ written notice of the hearing place, time, and date.

The Court Administrator shall designate the place, time, and specific date for hearings, and give at least 30 days written notice thereof to the arbitrators, the parties, or their attorneys of record.

CRITICALCivil cases

Applies to

Notice

Service

Publication

Change-of-name notices must be published in the Schuylkill Legal Record and a newspaper of general circulation in Schuylkill County, with the final publication at least seven days before the hearing.

In all proceedings for a change of name, the notice required shall be published in the Schuylkill Legal Record and in a newspaper of general circulation in Schuylkill County, the last day of publication to appear at least seven (7) days before the date set for the hearing thereon.

CRITICALCivil cases

After a bench warrant is granted, the order and motion must be returned to the Prothonotary, and certified copies must promptly be forwarded to the Sheriff’s Office for service.

Any Order granting the Bench Warrant and the Motion shall be returned to the Prothonotary’s Office and then certified copies of the Order and Motion promptly forwarded to the Sheriffs Office for service.

CRITICAL

Written notice that the appraisal was filed must be given to the personal representative and next of kin, or to the Attorney General if neither exists.

(1) The appraisers shall, within 30 days after their appointment, file with the Clerk an appraisal of the property claimed, and written notice of such filing shall be given to the personal representative and to the next of kin, or, if there be neither personal representative nor next of kin, to the Attorney General.

CRITICAL

A corrected account must be provided to all interested parties.

The corrected account shall be given to all interested parties.

CRITICALCivil cases

Applies to

Objections to certificate of readiness

A copy of objections to the certificate of readiness must be served on the Court Administrator and other counsel.

Within 20 days after filing of the form, opposing counsel may file with the Prothonotary written objections thereto stating the reasons, and shall serve a copy thereof upon the Court Administrator and other counsel.

CRITICAL

Applies to

Formal transcript request

The requesting party must serve copies of the formal transcript request on the presiding judge, court reporter, Chief Court Reporter, and opposing counsel or, if unrepresented, the opposing party.

The requesting party shall also serve copies of the formal request to: (1) the presiding judge, (2) court reporter, (3) Chief Court Reporter, (4) opposing counsel, but if not represented, opposing party.

CRITICALCivil cases

Applies to

Custody pleading and related documents

The moving party must serve the pleading, scheduling order, and conciliation questionnaire on all other parties and file compliant proof of service.

The moving party shall be responsible for service of a copy of the pleading, scheduling order and conciliation questionnaire upon all other parties pursuant to Pa.R.C.P. 402, and shall file a proof of service that complies with Pa.R.C.P. 1930.4(h).

CRITICAL

Service

Publication

The Clerk must publish notice of filed accounts and their submission date once weekly for two consecutive weeks immediately before presentation, and post the confirmation list in the Clerk's office.

The Clerk shall give notice of all accounts filed and of the date of submission to the Court for adjudication and confirmation. The notice shall be published once a week during two consecutive weeks immediately before the day on which the Accounts shall be presented for adjudication and confirmation in the legal publication designated by these rules and in one daily newspaper of general circulation published within Schuylkill County. The Clerk shall also post copies of the confirmation list in his office.

CRITICAL

Service

Publication

Proof of publication must be submitted at the hearing on the involuntary-termination petition.

Proof of publication must be submitted at the hearing on the petition for involuntary termination.

CRITICALCivil cases

The moving party must immediately serve the specified documents on all interested parties and file an affidavit verifying service.

The moving party shall immediately serve on all interested parties a copy of the original pleading, this order, the designated Parent Education Program Brochure which includes registration and information, and a custody conciliation questionnaire; and shall further file an affidavit verifying service.

CRITICALCivil cases

Medical witnesses must be served with a subpoena to appear.

Medical witnesses shall be served with a subpoena to appear.

CRITICAL

The Auditor or Master must give interested parties or their counsel written notice 20 days before the intended report-filing date and file proof of notice with the Clerk.

An Auditor or Master shall give 20 days notice in writing to all interested parties or their counsel of record of his intention to file his report with the Clerk on a day certain and shall file proof of the giving of notice with the Clerk.

CRITICALCivil cases

Service

Mail to opposing party

If the defendant has not appeared, advance notice must be served by first-class mail to the defendant’s last known address.

(f) Where no appearance has been entered on behalf of the defendant, service of advance notice shall be by first-class mail to the defendant's last known address.

CRITICAL

Service

Mail to clerk

For appeals from summary convictions, the Magisterial District Judge must send the transcript and required documents to the Clerk of Courts by certified mail, return receipt requested, with a transmittal letter.

In appeals from summary convictions, the Magisterial District Judge shall return the transcript filed with the Office of the Clerk of Courts together with the documents required by Pa.R.Crim.P. No. 460 by certified mail, return receipt requested, together with a letter of transmittal.

CRITICAL

Twenty days’ written notice of intent to present the petition must be given to nonjoining unpaid beneficiaries, heirs, or claimants, or to the Attorney General if the heirs are unknown.

(11) a statement that 20 days written notice of intention to present the petition has been given to every unpaid beneficiary, heir, or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown;

CRITICAL

Copies of the written transcript request must be delivered as subsection (B) requires.

Copies of the written request shall be delivered as required by subsection (B).

CRITICALCivil cases

The moving party must serve the pleading, scheduling order, and conciliation questionnaire on all other parties and file compliant proof of service.

The moving party shall be responsible for service of a copy of the pleading, scheduling order and conciliation questionnaire upon all other parties pursuant to Pa.R.C.P. 402, and shall file a proof of service that complies with Pa.R.C.P. 1930.4(h).

CRITICALCivil cases

Applies to

Opposition brief

A party opposing exceptions must serve the opposing parties with a copy of its opposition brief.

Any party opposing exceptions to the hearing officer’s report shall, within twenty (20) days after being served with exceptions, file a brief in opposition thereto and serve the opposing parties with a copy thereof.

CRITICAL

Service

Mail

The return must state the mailing address and include the signed return-receipt card that accompanied the letter.

mailing, the address to which notice was mailed and that attached to the return is the signed return receipt card which accompanied the letter.

CRITICALCivil cases

Applies to

Petition

The Domestic Relations Officer must promptly schedule a conference and serve the petition on the responding party or that party’s attorney of record.

The Domestic Relations Officer shall promptly schedule a conference pursuant to Pa.R.C.P. 1910.12, and shall serve a copy of the petition upon the responding party or such party's attorney of record.

CRITICALCivil cases

Applies to

Custody or modification complaint

The Parent Education brochure and registration form must have been served on the opposing party or opposing counsel in connection with the custody or modification complaint.

(6) The affidavit of service or the certificates of service of a complaint for custody/modification for (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the child(ren) shall contain a statement that the opposing party or counsel of record for the opposing party has been served with the Parent Education brochure and registration form.

CRITICALCivil cases

Applies to

Custody conciliation report

The Custody Conciliation Officer must provide copies of the transfer report to the parties.

As part of that transfer, the custody Conciliation Officer shall prepare and file a report to the Court with copies to the parties.

CRITICALCivil cases

Service

Publication

For ejectment actions where publication is appropriate, publish notice once in the specified publications and file proof in the Prothonotary's Office.

Service by publication when appropriate shall be made by publishing the appropriate notice one (1) time in the Schuylkill Legal Record and a newspaper of general circulation in Schuylkill County. Proof of publication shall be filed in the Prothonotary's Office.

CRITICAL

The hearing notice must be served as prescribed by Section 2504 of the Adoption Act and Pa. O.C. Rule 15.6.

Service of the notice of hearing shall be as prescribed by Section 2504 of the Adoption Act and Pa. O.C. Rule 15.6.

CRITICALCivil cases

Required notice must be given and proof of notice filed before the account may be confirmed absolutely under this procedure.

provided that notice shall have been given as required and proof hereof filed

CRITICAL

Where all interested parties adversely affected have joined in the prayer of the petition and 20 days prior notice of the filing of the petition has been given to the personal representative, if any, the petitioner may present the petition to the Court on a citation returnable date, whereupon, in the absence of objections and on presentation of a verified return of notice upon the personal representative, an appropriate decree may be entered.

Where all interested parties adversely affected have joined in the prayer of the petition and 20 days prior notice of the filing of the petition has been given to the personal representative, if any, the petitioner may present the petition to the Court on a citation returnable date, whereupon, in the absence of objections and on presentation of a verified return of notice upon the personal representative, an appropriate decree may be entered.

CRITICAL

After filing the petition, the petitioner must give the specified parties 20 days' written notice of the intention to request the exemption on a stated citation returnable date.

(1) The petitioner shall file a petition and thereupon shall give 20 days written notice of intention to request the exemption on a stated citation returnable date to the personal representative, if any, and to all persons adversely affected thereby who do not join in the prayer of the petition.

CRITICAL

Service

Mail

Proof of service of a citation by registered or certified mail must be an affidavit stating that true and correct copies of the specified papers were mailed to the respondent postage prepaid with return receipt requested; the available text cuts off while stating what else the affidavit must include.

Proof of service of a citation by registered or certified mail shall be by affidavit of the person making service, which shall set forth that true and correct copies of the citation, petition, and preliminary order awarding the citation were mailed to the respondent postage prepaid, return receipt requested, the date of

CRITICAL

Service

Publication

If the hearing was served by publication, the Decree Nisi must be published immediately in the same newspaper used for that service.

(d) Where service of the hearing has been made by publication, the Decree Nisi shall be immediately published in the same newspaper of general circulation referred to in subparagraph (c) of this rule.

CRITICALCivil cases

Applies to

Petition and stay order

Service

Personal service

A copy of the petition and stay order must be personally served on the incapacitated person immediately after the petition is filed.

(a) In every case in which a petition is filed for the appointment or removal of a guardian ad litem for an incapacitated person, a copy of the petition and stay order issued thereon shall be served personally on the incapacitated person immediately upon the filing of the petition.

CRITICAL

Serve the form and any additional pages on all unrepresented parties and counsel of record.

This form and any additional pages must be served on all unrepresented parties and counsel of record.

CRITICAL

An attorney whose name remains of record must be served with required notices and pleadings, and an attorney who properly enters an appearance receives notice of hearings, conferences, and orders.

As long as the name of the attorney remains in the record, he shall be considered as the attorney for the party for whom his appearance is entered and shall be served with all required notices and pleadings. Any attorney whose client has an interest in the proceeding may, by praecipe, enter an appearance as of record. Any attorney who has properly entered an appearance will receive notice of all hearings, conferences, and orders.

CRITICALCivil cases

A proof of service must be filed when there is a failure to answer.

Failure to answer, proof of service to be filed

CRITICAL

Proof of service of notice must be presented at the hearing.

Proof of service of notice shall be presented at the hearing.

CRITICALCivil cases

A party who gave a signed or electronically recorded statement need not sit for a deposition about it unless the examining party furnishes a copy at least 48 hours beforehand.

(a) A party who has given a signed or electronically recorded statement to another party shall not be required to submit to deposition for discovery by such other party with respect to the subject matter of such statement unless he has been furnished with a copy of such statement not less than forty-eight (48) hours prior to the deposition.

CRITICAL

The Confidential Information Form and any additional pages must be served on all unrepresented parties and counsel of record.

This form, and any additional pages, must be served on all unrepresented parties and counsel of record.

CRITICAL

If a next of kin's address or whereabouts is unknown, notice must be given as the Court directs.

If the address or whereabouts of any of the next of kin is unknown, notice shall be given in such manner as the Court may direct.

CRITICALCivil cases

Immediately after filing the report, the Master must send each party notice of the filing with copies of the report and recommendation.

Upon filing, the Master shall immediately send notice, substantially in the form required by "Sch.R.C.P. 1920.55(c)," of the filing of the report to each party and accompany the notice with a copy of the report and recommendation.

CRITICALCivil cases

Service

Publication

For quiet-title actions served by publication, service is complete when the publication appears, and proof must be filed before judgment or any further action by the plaintiff.

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

CRITICALCivil cases

Original process must be served within the Commonwealth by the sheriff or, for specified actions, by a competent adult.

Original process of all actions filed in the County of Schuylkill shall be served within the Commonwealth: (a) by the sheriff or a competent adult in the actions in equity, partition, prevent waste, and declaratory judgment when declaratory relief is the only relief sought, and (b) by the sheriff in all other actions.

CRITICAL

The Clerk must give written notice of the appointment and provide counsel and known unrepresented interested parties 20 days' prior written notice of the first hearing's time and place.

The Clerk shall give written notice of an Auditor's or Master's appointment and give 20 days prior written notice of the time and place of the first hearing to all counsel of record and all interested parties not represented by counsel known to the Clerk.

CRITICALCivil cases

Written notice of the return must be given to the municipality, specified applicants and property owners, and all other parties to the original proceedings.

return, give written notice of the return to the municipality, any applicant before the local agency and any property owner, whether real or equitable, whose land is the subject matter of the application, as well as all other parties to the original proceedings.

CRITICALCivil cases

The moving party must serve the memorandum on counsel or, if the opposing party is unrepresented, on that party within three days.

and shall within three (3) days serve a copy of such memorandum upon counsel or upon the opposing party, if not represented by counsel.

CRITICALCivil cases

Service

Mail

The appellant must serve the appeal by certified mail on the Board at its specified address and on the Respondent at the Respondent's last known mailing address.

Appellant shall serve a copy of the Real Estate Tax Assessment Appeal by certified mail upon the Board addressed to 401 North Second Street, Pottsville, Pennsylvania, 17901, and upon the Respondent at such person’s last known mailing address.

CRITICALCivil cases

Service

Publication to opposing party

When publication service is available under Pa.R.C.P. 3112(c), the plaintiff may publish notice once in the Schuylkill Legal Record and one daily-circulation newspaper in Schuylkill County.

(a) When service by publication may be had under Pa.R.C.P. 3112(c), the plaintiff may cause service to be made by publication once in the Schuylkill Legal Record and in one (1) newspaper of daily circulation in Schuylkill County of a notice which shall be in substantially the following form:

CRITICALCivil cases

Service

Publication

Unless an Act of Assembly, rule, or special court order provides otherwise, service by publication must be made once in the Schuylkill Legal Record and once in a daily or weekly newspaper of general circulation in Schuylkill County.

(d) Except as otherwise provided by Acts of Assembly, rule or special Order of Court, service by publication shall be made once in the Schuylkill Legal Record and in one (1) daily or weekly newspaper of general circulation within Schuylkill County.

CRITICALCivil cases

If a person served with a petition, rule, notice, pleading, or process fails to appear in response, proof of service must be filed before the Court acts on it.

(b) Whenever any person, having been served with a petition, rule, notice, pleading or process, original or interlocutory, fails to appear in response thereto, proof of service of the same must be filed in the case before the Court will act thereon.

CRITICALCivil cases

The Prothonotary must promptly give the appellant notice that the return has been made.

Notice of making the return shall be given forthwith by the Prothonotary to appellant

CRITICAL

The Magisterial District Judge must prepare the transcript and return it with the required documents to the Clerk of Courts by first-class mail or hand delivery.

The Magisterial District Judge shall prepare a transcript of the proceedings before him and return the same together with the documents required by Pa.R.Crim.P. No. 547 to the Office of the Clerk of Courts by first class mail or by hand delivery.

CRITICAL

The defendant must notify the District Attorney and Magisterial District Judge that the petition was filed.

Defendant shall give notice of such filing to the District Attorney and the Magisterial District Judge.

CRITICAL

The Certificate must include a return of service for notice to all claimants and interested parties, and the notice must comply with Pa. O.C. Rule 2.5(a)–(g).

(3) A return of service of notice to all claimants and interested parties which notice shall comply with the requirements of Pa. O.C. Rule 2.5(a)–(g) with respect to an account.

CRITICAL

Service

Publication

any proposed sale under Order of Court shall be given by advertisement one time in at least one newspaper of general circulation published in the County of Schuylkill and in the legal publication designated by these rules,

any proposed sale under Order of Court shall be given by advertisement one time in at least one newspaper of general circulation published in the County of Schuylkill and in the legal publication designated by these rules,

CRITICALCivil cases

Deadline

4 business days

The required notice, with the proposed decree and report enclosed, must be served on the parties or their counsel at least four business days before the Master's report is filed.

(f) As a final item in the report, the Master shall certify that the notice, with proposed decree and report enclosed, required by this Rule have been served on the parties or their counsel at least four (4) business days prior to the filing of the report.

CRITICAL

Applies to

Ordinary transcript request

The requesting party must serve copies of an ordinary transcript request on the presiding judge, the reporter or transcriptionist, the Chief Court Reporter, and opposing counsel or, if unrepresented, the opposing party.

The requesting party shall also serve copies of the formal request to: (1) the judge presiding over the matter; (2) the court reporter, court recorder or transcriptionist; (3) the Chief Court Reporter (4) opposing counsel, but if not represented, the opposing party.

CRITICALCivil cases

The petitioner must provide all parties with notice of entry of the order.

(6) Notice of the entry of this order shall be provided to all parties by the petitioner.

CRITICALCivil cases

A motion not certified as uncontested must include an affidavit showing service on the opposing party or that party’s attorney.

Every motion not certified as uncontested shall be accompanied by a memorandum containing a concise statement of the legal contentions and authorities relied upon in support of the motion and an affidavit of service upon the party against whom relief is sought, or to his attorney.

CRITICAL

Service

Personal service

The written notice must be personally served or sent by registered mail to the person's last known address.

The written notice herein provided for shall be by personal service or by registered mail to the last known address of the person to be notified.

CRITICALCivil cases

Notice with the summary must state that either party has ten days to serve the other parties and the Master with a countersummary addressing disagreements with the Master's summary.

(3) include notice with the summary served that either party shall have ten (10) days to serve each other party and the Master with a countersummary addressed to such points as that party views differently than was noted in the summary by the Master and that at the expiration of said ten (10) days the Master's summary and any countersummaries properly served will be included as part of the record;

CRITICAL

At least 20 days' written notice must be given to the specified non-joining interested parties for a decedent's property sale.

(c) At least 20 days written notice shall be given to all non- joining interested parties (1) as heirs, devisees, legatees, or lien holders, where the property to be sold is that of a decedent's

CRITICALCivil cases

A copy of the summary must be served on counsel for the parties or directly on any party who appeared without counsel.

(2) serve a copy of the summary on counsel for the parties, or where a party has appeared without counsel, on the party;

CRITICALCivil cases

After all fees are paid, the court reporter must certify the transcript and notify the Master and the parties.

Upon payment of all fees, the court reporter shall certify the transcript and shall give notice to the Master and to the parties that the transcript has been certified.

CRITICALCivil cases

Service

Publication

For the specified judgment-enforcement actions when publication is authorized, the sheriff must publish notice once in the Schuylkill Legal Record and one daily newspaper of general circulation in Schuylkill County.

Service upon a defendant by publication of actions commenced in accordance with the requirements of the Act of January 30, 1974, P.L. 13, No. 6, §407 as amended, (41 P.S. Section 407), when authorized by Pa.R.C.P. 400 et seq., shall be made by the Sheriff publishing once in the Schuylkill Legal Record and in one daily newspaper of general circulation within Schuylkill County a notice

CRITICALCivil cases

If the defendant has not entered an appearance, notice must be served on the defendant in the same manner as a complaint.

Where no appearance has been entered on behalf of the defendant, notice shall be served on the defendant in like manner as a complaint [see Pa.R.C.P. 1920.4. Service].

CRITICALCivil cases

Deadline

48 hours

Unless an exception applies, the filing party must serve each filed paper on all other parties or their attorneys of record within 48 hours after filing, except for the initiating writ or complaint and other original process.

(a) 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 or complaint by which an action is commenced or other original process, shall be served by the party filing it upon all other parties to the litigation or their attorneys of record in Schuylkill County within forty-eight (48) hours after filing.

CRITICAL

Applies to

Transcript request

Copies of the transcript request must be served as required by Pa.R.J.A. 4007(B).

Copies of this request must be served in accordance with Pa.R.J.A. 4007(B).

CRITICAL

The Auditor or Master must give written notice of the supplemental report to interested parties or counsel and file proof of notice with the Clerk.

Written notice of the filing of the supplemental report shall be given by the Auditor or Master to all interested parties or their counsel and proof of such notice shall be filed with the Clerk.

CRITICALCivil cases

An application to drop a misjoined party or a party against whom no claim for relief is asserted must be served on all other parties.

and served on all other parties.

CRITICAL

Notices required to be published in a legal periodical must be published in the Schuylkill Legal Record.

The Schuylkill Legal Record shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, by Rule, or by Order of Court.

CRITICAL

Service

Publication

Proof of service by publication must include publication proofs and publisher affidavits stating the publication dates and newspaper or local periodicals.

(c) Proof of service of a citation by publication shall consist of proofs of publication together with affidavits by the publisher. It shall also set forth the date(s) and newspaper and/or local periodicals of publication

CRITICALCivil cases

Applies to

Post trial motion

Copies of motions for post-trial relief must be served promptly on the Trial Judge and all opposing counsel.

(a) All motions for post-trial relief shall be filed in the Prothonotary's office and copies shall be served promptly upon the Trial Judge and all opposing counsel.

CRITICAL

Service

Mail to all parties

The personal representative must serve the certified decree on all interested parties by certified or registered mail at least 20 days before the return day, and file return receipts on the return day.

(b) A copy of the interlocutory decree, duly certified, shall be served by certified or registered mail, by the personal representative, upon all interested parties, not less than 20 days before the return day fixed in the decree; proof of service of notice, in the form of return receipts, to be filed upon the return day.

CRITICALCivil cases

Applies to

Pleading or other filing

Service

Mail to opposing party

A true and correct copy of every pleading or other filing must be sent by ordinary mail to opposing counsel of record, or to the opposing party if there is no counsel of record.

A true and correct copy of every pleading or other filing shall be sent by ordinary mail to the opposing counsel of record, or to a party where there is no counsel of record.

CRITICALCivil cases

Applies to

Praecipe

A copy of the praecipe must be served on all other parties as any other pleading is served.

The praecipe shall be filed within ten (10) days after notice is sent to the client, and a copy of the praecipe shall be served as any other pleading on all other parties.

CRITICALCivil cases

Applies to

Notice of intervention

Service

Mail

An intervenor must serve the Notice of Intervention by certified mail on the Appellant, Appellee, Respondent, and any other intervening parties of record.

Intervenor shall serve copies of the Notice of Intervention by certified mail upon Appellant, Appellee, and Respondent and any other intervening parties of record.

CRITICAL

Service

Publication

A proposed sale under court order must be advertised once in at least one qualifying county newspaper and in the publication designated by the rules.

(a) Public notice of any proposed sale under Order of Court shall be given by advertisement one time in at least one newspaper of general circulation published in the County of Schuylkill and in the legal publication designated by these rules, and shall be placed under a general heading as follows:

CRITICALCivil cases

The opposing party must serve its response papers and affidavit of service within the stated response period, unless the Pennsylvania Rules provide a different period.

Any party opposing the motion shall file and serve such answer or other response that may be appropriate, a memorandum in opposition, and an affidavit of service upon the other party within twenty (20) days after service of the originating motion and supporting brief, unless the Pennsylvania Rules of Civil Procedure mandate a period of time different than twenty (20) days.

CRITICALCriminal cases

Applies to

Information

The District Attorney must serve the defendant with a copy of the Information in accordance with Pa.R.Crim.P. 576(B).

At the same time, the District Attorney shall serve a copy of the Information on the defendant in accordance with Pa.R.Crim.P. 576(B).

CRITICAL

Applies to

Supplemental account

Receipts or disbursements received or made after filing the Account and Petition for Adjudication/Statement of Proposed Distribution may be accounted for in a supplemental account, which shall be signed and verified by the accountant(s) and filed with the Clerk with notice in the same manner as required by Pa. O.C. Rule 2.5 (a)–(g) with respect to an account.

Receipts or disbursements received or made after filing the Account and Petition for Adjudication/Statement of Proposed Distribution may be accounted for in a supplemental account, which shall be signed and verified by the accountant(s) and filed with the Clerk with notice in the same manner as required by Pa. O.C. Rule 2.5 (a)–(g) with respect to an account.

CRITICALCivil cases

The Master must serve written notice of the intended report-filing date on counsel of record.

In all cases, whether contested or uncontested, the Master shall serve written notice upon counsel of record for the parties, or by first class mail to the last known address of any party not represented by an attorney of record, of the Master's intent to file his report with the Prothonotary on a date certain and that all exceptions to the report shall be filed within twenty (20) days from the date of filing of the Master's report.

CRITICALCivil cases

Applies to

Counterclaim crossclaim or answer

A copy of each counterclaim, crossclaim, or answer must be provided to the Custody Conciliation Officer.

(c) Counterclaims, crossclaims or answers shall be filed with the Prothonotary prior to the conciliation conference, and a copy provided to the Custody Conciliation Officer.

CRITICAL

Service

Publication

Court-ordered publication service must appear once in a newspaper of general circulation in the area of the natural parent's last known address.

(c) Where the Court orders service by publication, it shall be made in a newspaper of general circulation one (1) time in the area of the natural parent's last known address.

CRITICALCivil cases

A party filing an opposition brief must serve a copy on the opposing parties.

Any party opposing exceptions to the hearing officer’s report shall, within twenty (20) days after being served with exceptions, file a brief in opposition thereto and serve the opposing parties with a copy thereof.

CRITICALCivil cases

When a supplemental return is filed after a transcript becomes available, notice must be given as required for the original return.

If a transcript subsequently becomes available, a supplemental return, containing such transcript, shall be promptly filed, and notice given as required by (C)(3) above.

CRITICALCivil cases

Service

Mail to opposing party

When notice of a securities sale is required, the Sheriff may give notice by prepaid first-class mail to the defendant’s last known residence and by posting handbills in the Sheriff’s Office.

(a) When notice to a defendant of the sale of securities is required by Pa.R.C.P. 3130, such notice may be given by the Sheriff by ordinary mail, first class postage prepaid, addressed to the defendant at his or her last known residence and by the posting of handbills in the Sheriff's Office, which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom sale will be made, and the date when the securities will be offered for sale.

CRITICALCivil cases

The submitting party must provide an affidavit showing service on all other parties or their counsel.

The submitting party shall contemporaneously file a brief supporting that party's position and an affidavit of service on all other parties or their counsel.

CRITICALCivil cases

Applies to

Affidavit of service

An affidavit proving service of the notice must be filed in the Prothonotary’s Office.

(b) An affidavit of service of such notice shall be filed in the Prothonotary's Office within five (5) days after service or as soon thereafter as the registered return receipt, signed by the person to whom it is addressed is returned to the plaintiff.

CRITICALCivil cases

Service

Publication

When publication is appropriate in an action to quiet title, publish the notice once in the Schuylkill Legal Record and a newspaper of general circulation in Schuylkill County.

Service by publication when appropriate, shall be made by publishing the appropriate notice one (1) time in the Schuylkill Legal Record and in a newspaper of general circulation in Schuylkill County.

CRITICAL

Serve the form and any additional pages on all unrepresented parties and counsel of record.

This form, and any additional pages, must be served on all unrepresented parties and counsel of record.

CRITICAL

The requestor must provide all parties to the case with a copy of the completed form.

You shall provide a copy of this completed form to all parties to the case.

CRITICALCriminal cases

A motion to continue trial made before jury selection must be served on the opposing party.

All motions for continuance of trial made before jury selection shall be in writing, on forms approved by the Court and served on the opposing party.

WARNING

Notice given by the Auditor or Master at a properly noticed hearing is sufficient notice of succeeding hearings.

Notice of succeeding hearings, if any, given by the Auditor or Master at a hearing of which proper notice has been given shall constitute sufficient notice of such succeeding hearings.

WARNINGCivil cases

Applies to

Order of appointment

Service

Court service

Upon a motion to appoint a Master, the Court must serve the Order of Appointment on the Master.

(h) The Court, upon motion for appointment of Master, shall refer the matter to the Domestic Relations Master, designate the issues to be considered, and serve the Order of Appointment on the Master.

WARNING

Applies to

Objections

Unreasonable delay in serving objections may be grounds for their dismissal.

(a) Any unreasonable delay in serving objections shall constitute grounds for dismissal of the same by the Court.

WARNINGCivil cases

Service

Court service

The Prothonotary must promptly serve the Continuance Form on the Court Administrator.

The Prothonotary shall promptly serve the Continuance Form upon the Court Administrator.

WARNING

Service

Publication

If registered-mail service at the natural parent's last known address is unsuccessful, the petitioner may ask the Court to order service by publication.

(a) Where service is attempted by registered mail at the natural parent's last known address pursuant to Pa. O.C. Rule 15.6 and the post office's return indicates that service was not made, petitioner may petition the Court to order service by publication.

WARNINGCivil cases

Applies to

Response to objections

Upon receipt of the objections to a certificate of readiness, the moving party should file a written response with the Prothonotary and Court Administrator within 10 days of the date of filing of the objections and contemporaneously serve the response upon opposing counsel.

Upon receipt of the objections to a certificate of readiness, the moving party should file a written response with the Prothonotary and Court Administrator within 10 days of the date of filing of the objections and contemporaneously serve the response upon opposing counsel.

WARNINGCivil cases

Deadline

5 business days

Service

Mail to all parties

The Master may give notice of the pre-hearing conference within ten days after service of the appointment order, by first-class mail at least five business days before the conference.

(j)(1) The Master, within ten (10) days of being served with the order of Master's appointment, may give notice of the time and place for a pre-hearing conference, by first-class mail at least five (5) business days prior to the pre-hearing conference.