Lack. Cnty. Pa. 440

As amended through January 1, 2018
Rule 440 - Service Of Legal Papers Other Than Original Process
(a) Service.

Unless otherwise provided by statute or by rule of the Supreme Court of Pennsylvania or of this court, a copy of all pleadings, petitions, motions, rules, answers to rules to show cause, notices, or other papers required to be serviced on another party shall be served in the manner provided by Pa. R.Civ.P. 440 or 441 or as otherwise directed by order of this court within five (5) days from the filing thereof. If timely service is not effective in accordance with this rule, the legal paper shall be considered void and of no effect. Upon affidavit filed setting forth such failure of timely service, the party upon whom the paper should have been served may proceed as though said legal paper had never been filed.

(b) Certificate of Service.

The party serving the paper(s) shall file in the office of the Clerk of Judicial Records a certificate or affidavit of showing the date, manner of service, and person upon whom service was made. Such certificate or affidavit of service shall be filed immediately upon effecting service, and a copy of same shall be served on all parties.

(c) Service by Publication.

Unless otherwise specifically provided by statute, court rule, or order of court, whenever service by publication may be made pursuant to Pa. R.Civ.P. 430, said service shall be accomplished by publication once in the "Lackawanna Jurist" and once in a daily newspaper of general circulation within Lackawanna County. Such publication is to be made in such a manner that the person so served thereby shall have at least five (5) days after publication to answer the legal paper which is served in that fashion.

Lack. Cnty. Pa. 440

Amended effective November 2014.