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

CRITICALCivil cases

Service

Publication

Proof of publication must be submitted to the Court before the hearing.

Proof of publication shall be submitted to the Court prior to hearing.

CRITICALCriminal cases

Applies to

Transportation order

For an incarcerated defendant in an out-of-county facility, a transportation order must be obtained from the Court and served on the Sheriff at least seven days before the defendant is to appear; responsibility for obtaining it depends on the reason for the appearance.

(a) For incarcerated defendants, transportation orders must be obtained from the Court and served upon the Sheriff at least seven (7) days prior to the time he/she is to appear if he/she is incarcerated in an out-of-county facility. (b) The responsibility for obtaining a transportation order shall be on: (1) The District Attorney, if the defendant is required to appear at trial or at a hearing set upon motion of the District Attorney or if the defendant is unrepresented by counsel or is proceeding as a self-represented litigant; or (2) Defense counsel, if the defendant is required for a hearing set upon motion of the defendant.

CRITICALCivil cases

After a public-sale petition is allowed, notice of the proposed sale must be given in the form and manner prescribed by Pa. O.C. Rule 3.6.

After the allowance of a petition for public sale, notice in approved form of the proposed sale shall be given in the manner provided by Pa. O.C. Rule 3.6.

CRITICAL

The respondent must promptly serve a copy of the answer on each adverse party or counsel as provided by Pa. R.C.P. No. 440.

Respondent shall at once serve a copy of the pleading on each adverse party or their counsel in the manner prescribed by Pa. R.C.P. No. 440.

CRITICALCivil cases

Applies to

Court orders and notices

Forest County Children and Youth must promptly serve orders and court notices filed with the Clerk in Forest County dependency matters, and Warren County Children and Youth must do so in Warren County matters, using the requirements and methods in Pennsylvania Rule 1167.

All Orders and Court Notices in juvenile dependency matters which are filed with the Clerk of Court, shall be served promptly by Forest County Children and Youth for all Forest County matters and Warren County Children and Youth for all Warren County matters in accordance with the requirements and methods set forth in Rule 1167 of the Pennsylvania Rules of Juvenile Court Procedure.

CRITICALCivil cases

Copies of appraisal exceptions must be served on the fiduciary, if any, and the spouse or the spouse’s attorney within five days after filing.

Copies of the exceptions shall be served on the fiduciary, if any, and on the spouse or the attorney for the spouse, within five (5) days after filing.

CRITICAL

A copy of the petition must be served on the identified intestate heirs.

(3) show compliance with Pa. R.C.P. 2205 and set forth the name, relationship and address of plaintiff- decedent's intestate heirs who must be served with a copy of the petition (as required by 20 Pa. C.S.A. § 2101, et. seq.)

CRITICAL

The party requesting a scheduling conference must notify all counsel and self-represented parties of its date, time, and place.

It shall be the responsibility of the requesting party to notify all counsel, and any parties proceeding pro se, of the date, time and place of the scheduling conference.

CRITICALCivil cases

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 shall direct.

CRITICAL

A copy of the bill of costs must be served on opposing counsel pursuant to Pa. R.C.P. 440.

A copy of the bill of costs shall be served on opposing counsel pursuant to Pa. R.C.P. No. 440.

CRITICAL

A party seeking a waiver of the certificate-of-service requirement must make every effort to notify opposing parties of the motion’s substance and the time of filing and presentation.

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. See L205.2(e) regarding Certificate of Service.

CRITICALCivil cases

Service

Mail

The Auditor or Master must mail hearing notice at least 20 days before the hearing, or, if that is not possible, publish notice once in the specified newspapers at least 20 days before the hearing.

The Auditor or Master shall fix a date, time, and place for hearing and shall give written notice to the accountant or petitioner and interested parties or their counsel of record of the hearing by first class mail at least twenty (20) days prior thereto. In the event notice cannot be given in such manner, notice shall be given by advertisement one time in the Warren Times Observer for Warren County and The Forest Press for Forest County and one time in a newspaper of general circulation in the county where the decedent resided. The date of publication shall be at least twenty (20) days prior to the hearing.

CRITICALCriminal cases

Applies to

Motion

The hearing officer must serve a copy of the Gagnon II scheduling motion on the District Attorney’s office.

The hearing officer shall serve a copy of the motion upon the District Attorney’s office.

CRITICALCivil cases

The Auditor or Master must notify all parties when the report is filed, provide each party a copy, and file a return of notice.

The Auditor or Master shall notify all parties of the filing of the report, furnish all parties with a copy thereof and a return of notice shall be filed.

CRITICALCriminal cases

After completion of the Criminal Case Scheduling Form, the defendant must receive a copy, the District Attorney must retain a copy, and present defense counsel must also receive a copy.

(d) Once the Criminal Case Scheduling Form has been completed, the defendant shall be provided with a copy and the District Attorney shall retain a copy. If the defendant’s attorney is present, a copy shall be provided to the defendant’s attorney.

CRITICALCivil cases

The petitioner must give at least 20 days’ written notice of the intended extension request to adversely affected persons who do not join the petition.

The petition shall be filed with the Clerk and petitioner shall give at least twenty (20) days written notice of intention to request the extension to all persons adversely affected thereby who do not join in the prayer of the petition.

CRITICALCriminal cases

Applies to

Notice of hearing

For this procedure, the filing officer must serve notice of the Gagnon I hearing on the defendant.

Notice of the Gagnon I hearing, in this instance, shall be served upon the defendant by the filing officer

CRITICAL

Briefs must be filed with the Prothonotary, copied to the Court Administrator, and served on all parties of record.

Briefs shall be filed with the Prothonotary with a copy to the Court Administrator and a copy shall be served on all parties of record. See L205.2(e) regarding Certificate of Service.

CRITICALCivil cases

Service

Mail

After the petition is allowed, the petitioner must notify each interested party, including every known unpaid creditor, by first-class mail at least 20 days before the proposed sale.

After allowance of a petition for public sale of real estate, the petitioner shall, in addition to such notice as may be required to be given by law, give notice of the sale to each interested party, including every unpaid creditor by first class mail, if known. Such notice shall be given at least twenty (20) days prior to the date of the proposed sale.

CRITICALCriminal cases

Applies to

Waiver of arraignment

A copy of the waiver must be served on the District Attorney.

A copy of the waiver shall be served upon the District Attorney pursuant to 37.R.Crim.P. L576.

CRITICAL

Applies to

Complaint or original process pleading

For original process to be served by the Sheriff, the filing party must deliver a certified copy for each party to be served and service instructions on the Sheriff's form.

A party filing a complaint or any other pleading that constitutes original process which is to be served by the Sheriff's Office shall deliver to that office a certified copy of the complaint or pleading for each party to be served together with instructions for service on a form available from the Sheriff's Office.

CRITICAL

Service

Mail

Within 10 days after filing the appeal, the appellant must serve it by certified mail on the Board and affected taxing authorities or property owners at the specified addresses.

Ten (10) days after filing the appeal the appellant shall serve a copy of the appeal on the Board and all affected taxing authorities or property owners by certified mail to the Board, to the property owner at his, her, its, or their registered address as shown on the tax records, and on the taxing districts at their business address.

CRITICALCivil cases

In proceedings under Pa. O.C. Rule 15.4, petitioners' counsel must make a good-faith effort to identify and locate each parent and provide notice.

(a) In proceedings under Pa. O.C. Rule 15.4, the attorney for petitioners shall make a good faith effort to determine the address and identity of each parent and to provide notice of the proceedings.

CRITICALCivil cases

At the conclusion of the hearing, any party who had entered a formal appearance may submit proposed findings of fact, conclusions of law, and/or briefs for the purposes of aiding or guiding the official; provided, however, that copies of such submissions shall be delivered or mailed to each person who has appeared in the proceedings in person or by counsel.

At the conclusion of the hearing, any party who had entered a formal appearance may submit proposed findings of fact, conclusions of law, and/or briefs for the purposes of aiding or guiding the official; provided, however, that copies of such submissions shall be delivered or mailed to each person who has appeared in the proceedings in person or by counsel.

CRITICALCriminal cases

A defendant intending to offer an alibi, insanity, or mental-infirmity defense must notify the attorney for the Commonwealth in writing.

If I intend to offer the defense of alibi, insanity or mental infirmity, I must notify the attorney for the Commonwealth in writing within thirty (30) days after the stated arraignment date.

CRITICALCivil cases

The person receiving the appraisal must immediately notify interested parties who would be adversely affected by allowance of the exemption.

Such person shall immediately give notice to all interested parties who would be adversely affected by the allowance of the exemption.

CRITICALCriminal cases

A copy of each written appearance must be forwarded to the District Attorney’s office.

A copy of any such written appearance shall be forwarded to the District Attorney’s office as required by these rules.

CRITICAL

Service

Mail to all parties

After indexing an arbitrators’ report or award, the Prothonotary must immediately send written notice by regular mail to the parties or their attorneys and a copy to the court administrator.

(c) Upon indexing a report or report and award, the Prothonotary shall give immediate written notice of the report to all the parties, or their attorneys, by regular mail and a copy to the court administrator.

CRITICALCivil cases

When the report is completed, the official must file it with the Clerk and provide written notice of filing to counsel for formally appearing parties and to parties appearing without counsel.

Upon completion of the report, the official shall file it in the office of the Clerk and shall give notice in writing that the report has been filed to counsel for all parties who appear formally during the proceedings and to such parties as appear without counsel. Said notice shall inform all parties that unless exceptions are filed within twenty (20) days from the date of the filing of the report, it will be presented to the Court for confirmation.

CRITICAL

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.

CRITICAL

Applies to

Affidavit of service

The appellant must file an affidavit of service within 20 days after service of the appeal.

Within twenty (20) days of service of the appeal, the appellant shall file an affidavit of service.

CRITICALCriminal cases

An omnibus pretrial motion must be served within 30 days after arraignment, subject to the stated exceptions and any extension for cause shown.

Except as otherwise provided in these rules, an omnibus pretrial motion for relief shall be filed and served within thirty (30) days after arraignment, unless opportunity therefor did not exist or the defendant, defense counsel, or the attorney for the Commonwealth was not aware of the grounds for the motion or the time for filing has been extended by the Court for cause shown.

CRITICALCivil cases

Applies to

Involuntary termination petition and hearing notice

Service

Publication

When the specified parent's identity or whereabouts cannot be ascertained, notice of the involuntary termination petition and hearing must be served by court-approved publication after a separate motion and diligent-search affidavit are presented.

(b) Notice of the Involuntary Termination Petition and hearing shall be served on the natural or putative father whose identity and/or whereabouts cannot be ascertained or on the mother whose identity and/or whereabouts cannot be ascertained by publication in the form and manner approved by the Court following presentation of a separate Motion for Service by Publication and Affidavit of Diligent Search as required by Pa. R.C.P. 430.

CRITICALCriminal cases

The moving party must serve a copy of the motion on the opposing party or counsel concurrently with filing.

Concurrently with filing, the moving party shall serve upon the opposing party or his/her counsel of record a copy of the motion.

CRITICALCivil cases

Service

Mail

A party filing exceptions must serve a copy by ordinary mail on the official and all counsel or unrepresented parties who have formally appeared.

(f) Any party filing exceptions to the report shall, by ordinary mail, serve a copy therof upon the official and all counsel or parties without counsel who have appeared formally in the proceedings.

CRITICAL

Applies to

Hearing notice

The Court Administrator must schedule the hearing and notify both parties in writing at their last known addresses shown in the filed documents.

The Court Administrator shall then schedule a hearing and notify the plaintiff and defendant of the date and time for the hearing in writing sent to their last known addresses shown on the documents filed before the Magisterial District Judge in this action.

CRITICAL

Applies to

Warrant

If a warrant is issued, the District Justice must forward it to the appropriate police agency for service.

If the District Justice issues a warrant the District Justice shall cause a warrant to be forwarded to the appropriate police agency for service.

CRITICAL

The plaintiff must arrange service of the petition and hearing-setting order on the defendant by a method permitted for service of original process in a civil action.

The plaintiff shall arrange to have the petition and order setting the hearing served upon the defendant in any manner by which service of original process may be made in a civil action.

CRITICALCivil cases

The petitioner must serve written notice under Chapter III at least 20 business days before presenting the petition on the specified unpaid beneficiaries, heirs, claimants, creditors, or the Attorney General when the heirs are unknown.

(d) Notice. The petitioner shall serve written notice on interested parties in compliance with Chapter III. (1) That twenty (20) business 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, and to every unpaid claimant or creditor.

CRITICALCivil cases

Appraisers must serve a copy of the appraisal on the personal representatives, or as the Court directs if there is no personal representative.

A copy of the appraisal shall be served by the appraisers on the personal representatives, or, if there is no personal representative, then as the Court shall direct.

CRITICALCivil cases

Service

Publication

The sale notice must be advertised once in a newspaper of general circulation in the appropriate county.

In addition, notice of the sale shall be advertised one (1) time in a newspaper of general circulation in the appropriate county

CRITICAL

Applies to

Petition to settle wrongful death and survival actions

The petition form states that a copy of the petition has been served on the decedent’s intestate heirs and calls for them to be identified.

Pursuant to Forest/Warren Rule L_______ Petitioner has served a copy of this petition on the intestate heirs of plaintiff decedent (as provided in 20 Pa. C.S. § 2101 et seq.) who are as follows:

CRITICAL

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

The moving party shall notify opposing counsel and any unrepresented parties of the date, time and place for argument.

CRITICAL

Applies to

Hearing notice

Service

Mail

The Court Administrator will notify the defendant by mail of the hearing date, time, and courtroom.

The Forest/Warren County Court Administrator will notify you____________________________ by mail of the date, time, and Courtroom for your hearing at which you must appear.

CRITICALCivil cases

Notice by or to an attorney must be in writing and given to the attorney of record or an office employee; it counts as notice to the represented party unless personal notice is required.

Notice by or to attorneys shall be in writing, given to the attorney of record, or to an employee of the attorney’s office, and shall be considered notice to the party represented unless personal notice to the party is required.

CRITICALCivil cases

Certification that twenty (20) days’ notice has been given to those parties who do not consent or join.

Certification that twenty (20) days’ notice has been given to those parties who do not consent or join.

CRITICAL

Applies to

Petition to settle wrongful death and survival actions

The petition form states that a copy of the petition has been served on parties who may have a possible interest and calls for them to be identified.

Pursuant to Forest/Warren Rule L________ Petitioner has served a copy of this petition on the following parties who may have a possible interest:

CRITICALCivil cases

In adoption proceedings under Pa. O.C. Rule 15.5, notice must also be given to anyone with custody under a valid court order.

In adoption proceedings under Pa. O.C. Rule 15.5, notice of the proceedings shall also be given to any person(s) who have custody pursuant to a valid Court Order.

CRITICALCivil cases

Applies to

Legal notice

Legal notices in Warren County must be published in The Warren Times Observer, and legal notices in Forest County in The Forest Press.

The Warren Times Observer is the legal periodical for the publication of legal notices in Warren County. The Forest Press is the legal periodical for the publication of legal notices in Forest County.

CRITICALCriminal cases

Service on an attorney or party without a UJS portal account or electronic access must follow the procedures in Rules 114(B) and 576(B).

Service of legal papers on any attorney or party who has not established a UJS portal account or who is unable to file or receive legal papers electronically or otherwise to access the system shall be made by the procedures provided under Rule 114(B) and 576 (B).

WARNINGCivil cases

Applies to

All documents filed by individuals represented by counsel of record

The Prothonotary must forward to counsel of record a copy of all documents filed by individuals represented by that counsel.

(1) The Prothonotary shall forward a copy of all documents filed by individuals who are represented by counsel of record to that attorney.

WARNING

Applies to

Notice

Service

Mail

The notice form certifies that it was mailed to the named individuals on the date stated in the notice.

I hereby certify that the within Notice has been mailed to the above named individual(s) on the date set forth above.

WARNINGCriminal cases

Service

Electronic service

Establishing a PACFile account constitutes consent to electronic filing and electronic service of documents filed through PACFile.

Pursuant to Pennsylvania Rules of Criminal Procedure 576.1 (D)(2), the establishment of a PACFile account constitutes consent to participate in electronic filing, including acceptance of service electronically of any document filed using PACFile.

WARNING

Applies to

Filed document

The Prothonotary must forward to counsel of record a copy of each document filed by an individual represented by that attorney.

The Prothonotary shall forward a copy of all documents filed by individuals who are represented by counsel of record to that attorney.

WARNINGCivil cases

If a party does not consent, the Court may, when circumstances require, direct notice by citation or another method.

If any party shall fail to consent, the Court may, if the circumstances require, direct the issuance of notice by citation or otherwise.

INFOCriminal cases

Those unable or unwilling to participate in electronic filing may serve legal papers in physical paper format.

Attorneys or self-represented parties who are unable or unwilling to participate in electronic filing of documents are permitted to file and serve the legal papers in a physical paper format.

INFO

For service or notice, an appellant or party may use the address provided to the Board during its proceedings.

For purposes of service or notice, an appellant or party may use the address provided to the Board as part of its proceedings.