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

CRITICALCivil cases

Service

Publication

The Register of Wills or Clerk must publish notice in two county newspapers once weekly for three successive weeks immediately before confirmation.

Notice of the filing of the statement of proposed distribution which accompanies the account shall be given by the Register of Wills or the Clerk of the Court, as the case may be, by publication in two (2) newspapers of general circulation within the county, once a week for three (3) successive weeks immediately prior to the date of confirmation.

CRITICALCivil cases

When the claim for exemption proceeds without a petition, notice need be given only to the personal representative.

When the procedure is without petition, no notice other than that to the personal representative need to be given of the claim for exemption.

CRITICALCivil cases

Give the specified claimants and interested persons notice of the account filing 25 days before confirmation; notice of a statement or proposed distribution is also required unless an audit has been requested.

Notice of the filing of an account and, unless an audit has been requested, of the filing of a statement or proposed distribution shall be given twenty-five (25) days prior to the date of confirmation to every unpaid claimant who has given written notice of this claim to the accountant, and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir or next of kin. This shall include a notice to any person who has an arguable interest in the estate.

CRITICALCivil cases

If the Court must appoint appraisers, notice must be given after the appraisal has been made and filed.

When it is necessary for the Court to Appoint appraisers, the notice shall be given after the appraisement has been made and filed.

CRITICALCivil cases

When a petition is filed, actual notice must be given to the personal representative, if any, and adversely affected persons other than creditors who did not join the petition.

actual notice to the personal representative, if any, and to all person, other than creditors, adversely affected by allowance of the exemption who do not join in the prayer of the petition

CRITICALCivil cases

Unless a Supreme Court rule or Act of Assembly provides otherwise, notice must be served on the person’s attorney, or through specified alternatives depending on whether the person has an attorney and whether the residence is known; the Court may direct another method.

8.1 Except where otherwise provided by a rule adopted by the Supreme Court or by an Act of Assembly, whenever notice is to be given a person, it shall be given: (a) by service upon the attorney appearing of record for such person; or (b) if there is no such attorney, by personal service, delivery at the residence of such person or by mail, if his residence is known; or (c) if his residence is not known, by publication once a week during three (3) successive calendar weeks in a newspaper of general circulation published at or near his last known residence within the county; or (d) in such other manner as the Court shall direct.

CRITICALCivil cases

After a public-sale petition is allowed, public notice of the proposed sale must be given under Rule 12.1, and, as far as possible, parties in interest must receive notice of the sale's time and place at least ten days beforehand by personal service or certified mail.

(1) Notice. After the allowance of a petition for public sale, public notice of the proposed sale shall be given as provided by Rule 12.1(A) (3) (b) (ii), and as far as possible, at least ten (10) days prior to notice of the time and place of the proposed sale shall be given to all parties in interest, by personal service or certified mail.

CRITICALCivil cases

After the Praecipe is filed and arbitrators are appointed, the Court Administrator must give written notice of the arbitration date and time to counsel or unrepresented parties and the arbitrators.

Subsequent to the filing of a Praecipe for Arbitration and the appointment of arbitrators, the Court Administrator shall provide written notice of the date and time for arbitration to all counsel of record or unrepresented parties and to the arbitrators.

CRITICALCivil cases

When requesting waiver of the certificate-of-service requirement for an emergency motion, the moving party must make every effort to notify opposing parties of the motion’s substance and its filing and presentation times.

If the moving party is requesting a waiver of the certificate of service requirement, the party shall make every effort to notify opposing parties of the substance of the motion and the time of filing and presentation to the Court.

CRITICALCivil cases

A copy of the appeal must be sent to the Court Administrator.

A copy shall be sent to the Court Administrator.

CRITICALCivil cases

Copies of exceptions must be provided to each person listed on the affidavit of notice or that person’s attorney, the Register of Wills, and the Court Administrator.

All exceptions shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court between the date of the filing of the account and the date of its confirmation and with a copy to each person listed on the affidavit of notice or his attorney, the Register of Wills and the Court Administrator.

CRITICALCivil cases

Legal papers requiring court signature or action must be filed in an original with the Prothonotary, one copy with the Court Administrator, and copies to all counsel of record or unrepresented parties.

Any legal paper which requires the signature of or action by the Court, including but not limited to, motions, petitions, objections, exceptions and rules to show cause shall be filed as follows: (1) original with the Prothonotary’s Office, (2) one copy with the Court Administrator, (3) copies to all counsel of record or unrepresented parties.

CRITICALCivil cases

Notice of the account filing, proposed distribution statement, and audit time and place must be given as required by the Rule of Court.

(b) Shall be given notice of the filing of the account, the statement of proposed distribution and of the time and place of audit as required by the Rule of Court.

CRITICALCivil cases

Applies to

Written notice

Except for filing fees and minor credits, omitted credits will not be considered or approved unless written notice is given to all interested parties at least ten days before the audit.

With the exception of filing fees and credits of a minor nature, credits not set forth herein shall not be considered or approved by the Court, including, but not limited to commissions, and/or fees of fiduciaries or their counsel, unless written notice thereof has been given to all parties in interest, at least ten (10) days prior to the date of audit

CRITICALCivil cases

Citations attached to an incompetent-estate petition must be served upon the incompetent.

The practice shall be by petition with citations attached to be served upon the incompetent which shall state the date, time and place of hearing, which hearing shall be not less than ten (10) days hence.

CRITICALCivil cases

Where charitable bequests are involved, proof of service pursuant to Supreme Court O.C.R. is called for.

7. Charitable bequests are/are not involved: (Proof of service pursuant to Supreme Court O.C.R.).

CRITICALCivil cases

Applies to

Pre trial memorandum

Each party must provide copies of its Pre-Trial Memorandum to all other parties at the time of the conference.

A Pre-Trial Memorandum substantially in the form set forth in Rule TC-212.2 shall be prepared and submitted by all parties at the time of the conference with copies provided to all other parties.

CRITICALCivil cases

The moving party must notify opposing counsel and unrepresented parties of the scheduled argument’s date, time, and place.

Argument will be scheduled for a time and date certain. The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument.

CRITICALCivil cases

When filing a report, an auditor or master must notify all parties in interest and state that the report will be confirmed 20 days after filing if no exceptions or objections are made.

At the time of filing the report, an auditor or master shall give notice of the filing of his report to all parties in interest and shall state that in the absence of exceptions or objections his report will be confirmed twenty (20) days after the date on which the auditor or master shall have filed his report.

CRITICALCivil cases

A copy of each objection must be provided to each person listed on the affidavit of notice or that person’s attorney, and to the Court Administrator.

All objections shall be in writing and shall be filed with the Register of Wills or the Clerk of the Court, as the case may be, between the date of the filing of the account and the date of its confirmation, and with a copy to each person listed on the affidavit of notice or his attorney and a copy to the Court Administrator.

CRITICALCivil cases

Service

Publication

When a petition is filed, notice must be advertised weekly for three successive weeks in two newspapers of general circulation.

advertisement once a week for three (3) successive weeks in two newspapers of general circulation.

WARNINGCivil cases

Service

Mail

An appellant may use the stated stamped-envelope procedure instead of personal or certified or registered mail service or proof of service; the Prothonotary then mails copies by first-class mail and records service and any return on the docket.

In lieu of service or proof of service by personal service or certified or registered mail, an appellant may file with the notice of appeal a stamped envelope self-addressed to the appellee at the address listed on the complaint form filed in the office of the district justice, or the attorney of record if there is one, AND a stamped envelope pre-addressed to the district justice in whose office the judgment was rendered. Copies of the notice of appeal and rule, if applicable, shall thereupon be mailed by the Prothonotary by first class mail, with such service and any return being noted on the docket.