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

CRITICAL

Unless the papers were previously presented directly to the court, a plain copy must be delivered to the District Court Administrator as part of the service process within five days of filing or grant.

All rules, petitions, objections or motions shall be filed in the office of the appropriate County Prothonotary and shall be served by the moving party within five (5) days of the date of filing or grant as follows: (2) unless previously directly presented to the court, a plain copy thereof shall be delivered to the District Court Administrator.

CRITICAL

Applies to

Post trial brief

The moving party must furnish its brief to the District Attorney and a copy to the court 10 days before argument.

The brief of the moving party shall be furnished to the District Attorney, with a copy to the court, ten (10) days prior to argument,

CRITICAL

Applies to

Subpoena

A party or attorney who serves a subpoena must file proof of service with the Clerk of Courts.

(a) Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, shall file a copy of the same, along with proof of service thereof, with the Clerk of Courts within five (5) days of the date of service.

CRITICAL

When notice is required, final confirmation is not effective until the petitioner’s attorney files proof of publication or an affidavit of service.

If notice is required, final confirmation shall not be effective, unless and until the attorney for the petitioner shall file the appropriate proof of publication or affidavit of service.

CRITICAL

The Master must promptly notify the parties of the appointment and provide a copy of the court rules.

The Master shall forthwith give notice of his or her appointment to the parties, together with a copy of these Rules of Court.

CRITICAL

Service

Mail

The Prothonotary must mail appeal notices in the required envelopes by first-class mail and docket any return or refusal; this rule is the exclusive service method, with personal service required if mail cannot effect service.

(b) The Prothonotary shall cause copies of the said notice of appeal to be mailed in said envelopes by first calls mail and shall note any return or refusal of such mailing on the court’s docket. In the event that service of the said notice of appeal cannot be effected by first class mail, it shall be the responsibility of the appellant to cause personal service of the said notice of appeal to be made upon the appellee. (c) This rule shall provide the sole means of effecting service of notice of appeal from the judgment of a District Justice.

CRITICAL

Applies to

Brief or memorandum of law

Unless the motion is allowed at trial, a copy of the moving party’s brief or memorandum must be furnished to the District Attorney at the same time for covered motions.

All omnibus pre-trial motions for relief under Pennsylvania Rules of Criminal Procedure 306 or motions to suppress evidence under Pennsylvania Rule of Criminal Procedure 323, unless allowed at trial, must be accompanied by a brief or a memorandum of law by the moving party, a copy of which shall be simultaneously furnished the District Attorney.

CRITICAL

Proof of service for the required notices must be provided by affidavit filed with the Clerk.

Proof of service of the notice herein required, together with all other notices required by applicable sections of these rules, the PEF Code, and the Orphans’ Court Rules of the Supreme Court, shall be by affidavit filed with the Clerk prior to the date and time for presentation for confirmation.

CRITICAL

Service

Mail to opposing party

The plaintiff must mail the affidavit and repair bill to the defendant's last known address with a notice stating the assessment date and the right to request a trial, and must file an affidavit of mailing.

(3) The plaintiff shall send a copy of the affidavit and repair bill to the defendant by ordinary mail directed to his last known address, together with a notice setting forth the date of the intended assessment of damages, which shall not be less than ten (10) days from the mailing of the notice and a statement that damages will be assessed in the amount of the repair bill unless prior to the date of assessment the defendant by written praecipe files with the Prothonotary a request for trial on the issue of such damages; an affidavit of mailing of notice shall be filed.

CRITICAL

Applies to

Orders and complaint

You are responsible for serving the Orders and Complaint by certified mail, return receipt requested, for signature by the Defendant only.

(b) Service of all Orders and the Complaint is your responsibility. To do so, you must send the Orders and Complaint by certified mail, return receipt requested, to be signed by the ADDRESSEE ONLY. The addressee must be the Defendant. The Post Office can help you send certified mail.

CRITICAL

Service

Electronic service

Using PacFile constitutes the filer's certification that the filer will accept electronic notice and service through the system.

Use of the PacFile system shall constitute as the filer’s certification that the electronic notice and service of other documents through the Pacfile system will be accepted by filer.

CRITICAL

The fiduciary must post one handbill conspicuously on the property and at least three others in conspicuous public places nearby.

(2) Handbills, one of which shall be posted at a conspicuous place on the real property to be sold, and at least three others in conspicuous public places in the vicinity of the said property.

CRITICAL

Once completed properly, the papers must be filed and served.

Once the papers are completely and properly filled out, they must be filed and served.

CRITICAL

Parties using PacFile must serve physical paper copies on all parties who do not use PacFile.

Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACfile, pursuant to Pa.R.Crim.P. 576.

CRITICAL

Applies to

Arraignment notice

Service

Personal service

The District Justice must personally deliver written notice of the arraignment date and place to the defendant and counsel immediately after the preliminary hearing or its waiver when charges are held for court.

Written notice of the arraignment date and place shall be personally delivered by the District Justice to the Defendant and his or her counsel, immediately upon conclusion of a preliminary hearing or waiver of preliminary hearing wherein criminal charges were held for court.

CRITICAL

Exceptions must be promptly served on the parties in interest or record counsel, personally or by ordinary mail.

The same shall be promptly served upon the parties in interest or record counsel, personally or by ordinary mail

CRITICAL

Service is complete when you receive the green card showing the Defendant received the Complaint.

(a) Service is complete once you have received back the green card showing the Defendant has received the Complaint.

CRITICAL

Service

Publication

The Clerk must advertise the date and time accounts will be presented for confirmation and identify the estate and the accountants by name and capacity.

The Clerk shall give notice by advertisement of the date and time when accounts filed in the offices of the Register or clerk will be presented for confirmation, stating in the advertisement the name of the estate, and the names and capacities of the accountants.

CRITICAL

A copy of all objections must be served on the accountant and the accountant’s record counsel.

A copy of all objections shall be served on the accountant and his record counsel.

CRITICAL

Service

Mail

The chairman must notify the other arbitrators and counsel of record, or unrepresented parties, of Sullivan County arbitration hearings by ordinary mail.

All arbitration hearings for Sullivan County shall be held in the courtroom of the Sullivan County Courthouse on such dates and at such time as shall be set by the Chairman of the Board of Arbitrators, who shall provide notice to the other arbitrators and counsel of record (or parties, if they are unrepresented) by ordinary mail.

CRITICAL

The parents whose rights remain and the person with physical custody must be parties, and other known custody or visitation claimants must receive notice and the right to intervene.

Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ren) have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child(ren) will be given notice of the pendency of this action and the right to intervene:

CRITICAL

Service

Publication

Advertise accounts filed with the Clerk once a week during the two weeks immediately before presentation for confirmation.

b. Accounts filed with the Clerk – once a week during the two (2) weeks immediately preceding the date and time of presentation for confirmation.

CRITICAL

Post-trial relief motions must be filed with copies furnished simultaneously to opposing counsel or unrepresented opposing parties and the District Court Administrator.

(a) All Motions for Post Trial Relief shall be filed, with copies thereof furnished simultaneously to the opposing counsel or opposing parties if unrepresented by counsel and the District Court Administrator.

CRITICAL

A respondent or defendant must be served by certified mail, regular mail, or an enforcement officer and must attend a conference at a definite time and place.

The respondent or defendant shall be served by certified mail, regular mail, or enforcement officer required to attend a conference at a definite time and place.

CRITICAL

Service must be made within thirty days after the Complaint is filed in the Prothonotary’s Office.

(c) Service must be made within thirty (30) days from the date the Complaint is filed in the Prothonotary’s Office.

CRITICAL

Service

Publication

Legal advertisements must appear once in a county newspaper at least ten days before a hearing or further action, unless an exception applies.

(a) Unless otherwise provided by statue, these rules, or the Pennsylvania Rules of Civil Procedure, all legal advertisements shall consist of one (1) insertion in one (1) newspaper of general circulation in the county in which the cause is pending, which insertion shall occur at least ten (10) days before hearing or further action.

CRITICAL

Service

Mail

The chairman must give written notice of each Wyoming County arbitration hearing by ordinary mail to the other arbitrators and counsel of record, or to unrepresented parties.

The chairman shall schedule the time of each hearing and shall provide written notice thereof to the other arbitrators and counsel of record (or parties, if they are unrepresented) by ordinary mail.

CRITICAL

Service

Electronic service

An electronic filing satisfies service requirements on attorneys or parties who have established a PacFile account.

The submission of an electronic filing shall satisfy the service requirements of Pa.R.Crim.P. 576 on any attorney or party who has established an account as provided in subsection D.

CRITICAL

Applies to

Notice of hearing

When counsel requests a divorce hearing, it must be scheduled on a court-calendar date that allows ten days’ notice of hearing to be given.

Upon request by counsel for either party, hearings before the court in Actions of Divorce shall be set by the District Court Administrator on any dates set by the court calendar for such purposes as would allow (10) days notice of hearing to be given, in accordance with Paragraph (b) hereof.

CRITICAL

Service

Mail

The District Court Administrator must notify counsel of the argument date by ordinary mail at least 20 days beforehand.

Notice of argument date shall be given counsel by the District court Administrator by ordinary mail not less than twenty (20) days prior to the said argument date.

CRITICAL

The opposing party must deliver its brief to the moving party or counsel and the court no later than 5 days before the hearing or argument, or by the final submission date if the matter is submitted on briefs only.

Opposing counsel or parties shall file the brief with the Prothonotary of this court and deliver his or their briefs to the moving party or counsel, and the court, no later than five (5) days before the day set for hearing or argument, unless the cause is to be submitted on briefs only: in such event, briefs of opposing parties or counsel shall be submitted no later than the final date provided in Paragraph (e) hereof.

CRITICAL

Service

Publication

Advertise accounts of personal representatives once a week during the four weeks immediately before presentation for confirmation.

a. Accounts of Personal Representatives – once a week during the four (4) weeks immediately preceding the date and time of presentation for confirmation.

CRITICAL

Service

Publication

Unless a statute provides otherwise, the fiduciary must advertise notice of the real-estate sale once a week for three successive weeks in a newspaper of general circulation in the county where the property is located and, if different, the county of sale.

Unless otherwise provided by statute, the fiduciary shall give notice by: (1) Advertisement once a week for three (3) successive weeks in one (1) newspaper of general circulation published in the county in which the real estate to be sold is located, and if the sale is held in a different county, then also in the county of the sale, and,

CRITICAL

Applies to

Post trial motion

For timely filed motions for a new trial or in arrest of judgment that were not argued immediately after trial, the moving party must submit copies to the court and District Attorney when filing.

Where motions for new trial or in arrest of judgment, or both, have not been argued before the trial judge immediately upon the conclusion of the trial and are thereafter timely filed, copies thereof shall be submitted simultaneously with filing to the court and the District Attorney by the moving party.

CRITICAL

The moving party must serve rules, petitions, objections, and motions as required by P.R.C.P. 440 within five days of filing or grant.

All rules, petitions, objections or motions shall be filed in the office of the appropriate County Prothonotary and shall be served by the moving party within five (5) days of the date of filing or grant as follows: (1) as required by P.R.C.P. 440:

CRITICAL

Service

Mail to all parties

Send notice by ordinary mail to the last known addresses of parties in interest and their counsel at least twenty days before presentation for confirmation.

Notices shall be sent to parties in interest, together with counsel of record, as defined by the Orphans’ Court Rules of the Supreme Court, by ordinary mail, sent to the last known addresses of such parties in interest, not less than twenty (20) days prior to the date for presentation for confirmation.

CRITICAL

Service

Publication to opposing party

When the specified relief and prior service conditions apply, the plaintiff or counsel must publish notice of the order’s terms in one county newspaper issue and attach proof to the praecipe for final judgment.

(a) If the relief granted by the court is under Pennsylvania Rule of Civil Procedure 1066(b)(1), and service has been previously allowed under Local Rule 1063(a) notice of the terms and conditions of the order granting relief shall be given by publication in one (1) newspaper of general circulation in the county in one (1) issue, by the plaintiff or his counsel, and proof thereof attached to the praecipe for final judgment.

CRITICAL

When briefs are required, the moving party must deliver its brief to opposing counsel, the court, and unrepresented parties no later than 10 days before the hearing or argument.

Where briefs have been so required, the moving party or counsel shall file the brief with the Prothonotary of this court and deliver his brief to opposing counsel, the court, and unrepresented parties, no later than ten (10) days prior to the date set for hearing or argument.

CRITICAL

Applies to

Formal review notice

The agency must give the specified parties written notice of the right to request a formal review at least 10 days before the review date, and schedule a requested hearing at the earliest possible date.

(2) Three - Six months after dispositional hearing and at three - six month intervals thereafter while the child continues in a placement outside the home, the County Children and Youth Agency shall give written notice of the right to request a formal review. This notice shall be provided at least ten (10) days prior to the date set scheduling such a review. Notice shall be given to the following parties, each of whom shall be entitled to participate in the proceeding: (a) the child, if age appropriate; (b) the child’s parents or legal guardian; (c) counsel for the child. Upon receipt by the Children and Youth Agency of a request for a formal review hearing, such a hearing shall be scheduled with the court at the earliest possible date.

CRITICAL

Service

Publication

Publish the advertisement in at least one newspaper of general circulation in the county where the account is filed.

Such advertisement shall be published in at least one (1) newspaper of general circulation published within the county of filing as follows:

CRITICAL

Service

Publication to opposing party

For actions served by publication, notice must run for one week in a county newspaper, with notice to former owners and their heirs or assigns only if the court permits.

(a) In all actions wherein service is by publication, notice shall be given to the defendant or defendants, and, if permitted by the court, to a named former owner and his or her heirs and assigns generally, for one (1) week in one (1) newspaper of general circulation in the county. The notice shall be substantially the form set forth in Pennsylvania Rule of Civil Procedure 430(b)(1).

CRITICAL

A party or attorney who serves a subpoena or specified notice must file a copy and proof of service with the Prothonotary within five days of service.

Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, a notice to attend or a notice to produce, shall file a copy of the same, along with proof of service thereof, with the Prothonotary within five (5) days of the date of service.

CRITICAL

Applies to

Status call notice

At arraignment, the District Attorney must provide the defendant and counsel of record written notice of the next status call date.

Written notice of the next status call date shall be provided to the Defendant and his or her counsel of record by the District Attorney at the time of arraignment.

CRITICAL

Service

Personal service to opposing party

If first-class mail cannot effect service of the notice of appeal, the appellant must arrange personal service on the appellee.

In the event that service of the said notice of appeal cannot be effected by first class mail, it shall be the responsibility of the appellant to cause personal service of the said notice of appeal to be made upon the appellee.

WARNING

The probation department must give the child, the child’s parents or legal guardians, and the child’s counsel written notice of the right to request a formal review at least ten days before the date set for scheduling the review.

(4) Six-months after the dispositional hearing and at six month intervals thereafter while the child continues in placement outside the home, the probation department shall give written notice of the right to request a formal review. This notice shall be provided at least ten (10) days prior to the date set for scheduling for such a review. Notice shall be given to the following parties, each of whom shall be entitled to participate in the proceeding: a. the child; b. the child’s parents or legal guardians; c. counsel for the child.

WARNING

Service

Mail to opposing party

The complaint copy sent to the other parent is sent by certified mail.

There is also a fee for sending a copy of the complaint, certified mail, to the other parent.

WARNING

Counsel may submit specified damages statements and trial exhibits in writing to the opposing side at least ten days before trial; an item not objected to in writing five days before trial need not be proved at trial.

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

WARNING

Service

Mail to all parties

Notice of the pretrial conference must be sent by ordinary mail to counsel of record and unrepresented parties at least 7 days before the conference.

The District Court Administrator shall assign a date and time for pre-trial conference to each case on the trial list, received pursuant to Paragraph (b) hereof, and give notice by ordinary mail thereof to counsel of record and unrepresented parties, sent not later than seven (7) days prior to the date of such conference.

WARNING

The Prothonotary must publish the trial list in a county newspaper of general circulation once a week for two weeks, with the first publication no later than 10 days after the trial list closes.

The Prothonotary shall publish the trial list determined under this Rule in one newspaper of general circulation published in and for the county once a week for two weeks, the first insertion to no later than ten (10) days after the close of the trial list.

WARNING

Applies to

Notice of hearing

Any written notice of hearing required by Pennsylvania Rule of Civil Procedure 1920.51 shall less than (10) days prior to the date of said hearing.

Any written notice of hearing required by Pennsylvania Rule of Civil Procedure 1920.51 shall less than (10) days prior to the date of said hearing.

WARNING

As the court directs, a small-estate petition may be confirmed without notice, after at least ten days’ written notice to known interested persons, or nisi with absolute confirmation in thirty days subject to court-ordered notice by publication or ordinary mail.

As the court may direct, the petition for settlement and distribution of a small estate may be confirmed absolutely without any notice or may be confirmed absolutely upon at least ten (10) days written notice of presentation having been given to all known persons in interest of may be confirmed nisi, with absolute confirmation in thirty (30) days, subject to such notice as the court, by special order, may direct, which notice may either be by publication or by mailing ten (10) days written notice by ordinary mail to all known persons in interest.