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

CRITICAL

The Prothonotary must mail copies of the notice of appeal in the provided envelopes and docket returned or refused mail; if first-class mail cannot effect service, the appellant must arrange personal service on the appellee.

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.

CRITICAL

Exceptions must be served promptly 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

Applies to

Orders and complaint

You must serve all orders and the complaint on the defendant by certified mail, return receipt requested, signed only by the addressee.

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

Applies to

Written notice of right to request formal review

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 six-month intervals, at least ten days before the date set for scheduling the review.

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.

CRITICAL

Applies to

Complaint

Service must be completed within 30 days after the complaint is filed with the Prothonotary.

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

CRITICAL

Counsel of record and unrepresented parties must receive notice of the assigned hearing or argument date at least 20 days beforehand.

Notice of the assigned date and time shall be given each record counsel or unrepresented party at least twenty (20) days prior to the said date of hearing or argument.

CRITICAL

Applies to

Subpoena

A party or attorney who serves a subpoena must file a copy and proof of service with the Clerk of Courts within five days after service.

- (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

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

A copy of the motion brief or memorandum must be furnished to the District Attorney at the same time.

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

The District Attorney must provide the defendant and defense counsel written notice of the next status call date at arraignment.

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

Applies to

Legal advertisement

Service

Publication

Unless an exception applies, legal advertisements must appear once in a newspaper of general circulation in the county at least ten days before a hearing or further action.

Unless otherwise provided by statute, 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

Serve the Confidential Information 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

You must give the other parent legal notice that you filed for custody.

You must give the other party (parent) legal notice that you have filed for custody. This type of notice is known as “service”.

CRITICAL

Applies to

Notice of hearing

- (a) 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.

- (a) 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

Serve the Complaint within thirty days after it is filed in the Prothonotary Office.

Service MUST be made within thirty (30) days from the date the Complaint was filed in the Prothonotary Office.

CRITICAL

Applies to

Publication notice

Service

Publication

When service is by publication, notice must be published for one week in one newspaper of general circulation in the county and may also be given to a named former owner and heirs and assigns if the court permits.

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.

CRITICAL

The chairman must notify the parties or their attorneys of the continued date and time at least five days beforehand by ordinary mail or telephone.

All continuances shall be in the discretion of the Chairman of the Board and shall be made to a day and time certain not more than thirty days from the date originally set by the chairman, who shall give notices of the continued date and time to the parties or their attorneys of record at least five days prior thereto, by ordinary mail or telephone.

CRITICAL

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.

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

The action must name each parent whose rights remain intact and the person with physical custody as parties, and give notice to other known custody or visitation claimants.

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

The moving party must furnish its brief to the District Attorney, with 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

Service

Mail to opposing party

The custody complaint is certified as mailed to the defendant by certified mail, with the defendant’s receipt date and the sender’s receipt and return card attached.

I, _____, Plaintiff, certify that on the _____ day of _____, 20____, a true and correct copy of the Complaint for Custody was mailed by certified mail to the Defendant, _____, at Defendants current residence of _____. Defendant received the Complaint on the _____ day of _____, 20____. Senders receipt and return card are attached.

CRITICAL

Applies to

Self represented party entry of appearance

The filing party must send a copy of the entry of appearance to all parties and attorneys, including any attorney removed from the case.

THE PARTY FILING THIS ENTRY OF APPEARANCE MUST PROVIDE NOTICE BY SENDING A COPY TO ALL PARTIES AND ATTORNEYS, INCLUDING ATTORNEY REMOVED FROM THE CASE.

CRITICAL

Notice must be given to counsel of record and parties without an entered appearance when the specified inactivity condition applies.

steps or proceedings have been taken for two (2) years or more prior thereto and shall give notice thereof to counsel of record, and to the parties for whom no appearance has been entered, as provided by Pennsylvania Rule of Judicial Administration, No. 1901(c).

CRITICAL

When notice is required, final confirmation is ineffective 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

Applies to

Notice of order

Service

Publication

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

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

Service

Mail to opposing party

You are responsible for serving the other party with the Complaint and all Orders by certified mail, return receipt requested, with delivery signed by the defendant only.

You must give the other party (parent) legal notice that you have filed for custody. This type of notice is known as “service”. - (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

Publication

Account confirmation advertisements must appear in at least one newspaper of general circulation in the filing county, weekly for four weeks for personal representatives' accounts and weekly for two weeks for accounts filed with the Clerk.

Such advertisement shall be published in at least one (1) newspaper of general circulation published within the county of filing as follows: - a. Accounts of Personal Representatives – once a week during the four (4) weeks immediately preceding the date and time of 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

The party filing the entry of appearance must send a copy to all parties and attorneys, including any attorney removed from the case.

THE PARTY FILING THIS ENTRY OF APPEARANCE MUST PROVIDE NOTICE BY SENDING A COPY TO ALL PARTIES AND ATTORNEYS, INCLUDING THE ATTORNEY REMOVED FROM THE CASE.

CRITICAL

When briefs are required, the moving party must deliver the moving 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

Service

Mail

The District Court Administrator must mail counsel notice of the argument date 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

Service

Mail

Notices must be sent by ordinary mail to parties in interest and their counsel at their last known addresses at least 20 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

Applies to

Subpoena or notice

The filing must include a copy of the served subpoena or notice and proof 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

When briefs are required, opposing parties must deliver their briefs to the moving party or counsel and the court no later than five days before the hearing, except that briefs-only submissions are due by the final date provided in Paragraph (e).

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

Applies to

Confidential information form and additional pages

The Confidential Information Form and its 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

Applies to

Post trial relief motion

Copies of post-trial relief motions must be furnished simultaneously with filing to opposing counsel or unrepresented opposing parties and the District Court Administrator.

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

Applies to

Jury array names

Names assigned to each jury array must be published in a newspaper of general circulation at least 15 days before the array's first service date.

Upon selection of each jury array by the Jury Coordinator, the names of persons assigned thereto shall be published in a newspaper of general circulation in an issue appearing no later than fifteen (15) days prior to the first date on which the said array is to serve.

CRITICAL

While a child remains placed outside the home, the County Children and Youth Agency must give written notice of the right to request formal review at the stated intervals to the child when age appropriate, the parents or guardian, and the child’s counsel.

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. 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.

CRITICAL

Service

Publication

Unless a statute provides otherwise, the fiduciary must give notice by advertisement once weekly for three successive weeks in one newspaper of general circulation published in the county.

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

CRITICAL

Service

Mail

The chairman must provide hearing notice by ordinary mail to the other arbitrators and counsel of record, or to unrepresented parties.

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 moving party must serve the covered papers within five days of filing or grant as required by P.R.C.P. 440 and, unless previously presented directly to the court, deliver a plain copy to the District Court Administrator.

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: - (2) unless previously directly presented to the court, a plain copy thereof shall be delivered to the District Court Administrator.

CRITICAL

Service

Mail to opposing party

The plaintiff must mail the defendant the affidavit, repair bill, and notice of the intended assessment, which must be at least 10 days after mailing and explain how to request a trial.

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;

CRITICAL

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

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

CRITICAL

Notice of the right to request a formal review must be provided at least ten days before the date set for scheduling the review.

This notice shall be provided at least ten (10) days prior to the date set scheduling such a review.

CRITICAL

Applies to

Notice of appeal

The procedure in this rule is the exclusive means of serving a notice of appeal from a District Justice's judgment.

This rule shall provide the sole means of effecting service of notice of appeal from the judgment of a District Justice.

CRITICAL

For qualifying post-trial motions, the moving party must submit copies to the court and District Attorney at 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

Service

Mail

The chairman must provide written hearing notice by ordinary mail to the other arbitrators and counsel of record, or to unrepresented parties.

All arbitration hearings for Wyoming County shall be held on the first Thursday of each month in the jury room of the Wyoming County Courthouse unless otherwise set by the Chairman of the Board of Arbitrators. 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

Mail to all parties

The pretrial-conference notice must be sent by ordinary mail to counsel of record and unrepresented parties at least seven 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.

CRITICAL

A copy of every objection 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

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

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

Electronic service

Using PacFile certifies acceptance of electronic notice and service, and electronic filing satisfies service requirements for attorneys or parties with an account.

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. 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

Parties using PACFile must serve physical paper copies on 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.

WARNING

Service

Mail to opposing party

The complaint copy sent to the other parent is sent by certified mail, and the filer bears the cost.

There is also a fee for sending a copy of the complaint, certified mail, to the other parent. You are responsible for these costs.

WARNING

The self-represented party must keep current contact information provided to the court, other self-represented parties, and attorneys of record.

I understand that I am under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record.

WARNING

Applies to

Notice of presentation

Depending on the court’s direction, a small-estate petition may be confirmed without notice or absolutely after at least ten days’ written notice of presentation to all known persons in interest.

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

WARNING

Applies to

Complaint

Service is complete when you receive the green card showing that the defendant received the complaint.

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

WARNING

Applies to

Notice of presentation

Service

Mail

When the court directs notice for confirmation nisi, ten days’ written notice may be sent by ordinary mail to all known persons in interest.

or by mailing ten (10) days written notice by ordinary mail to all known persons in interest.

WARNING

Applies to

Notice of presentation

Service

Publication

When the court directs notice for confirmation nisi, notice may be given by publication.

which notice may either be by publication

WARNING

Counsel may submit specified damages statements and trial materials in writing at least 10 days before trial; if no written objection is made five days before trial, proof of them is not required at trial.

Not less than 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

You should keep two copies of the Complaint, one for serving on the other party and one for yourself.

(e) You should keep two copies of the complaint – one to serve on the other party and one for yourself.

INFO

Pleadings and legal papers may be served on the self-represented party at the address listed on the form, which need not be a home address.

All pleadings and legal papers can be served on me at the address listed below, which may or may not be my home address pursuant to Rule 1930.8: