Rule 4.3. Service of Legal Paper Other than Citations or Notices.
(a) Copies of all pleadings, and any brief or memorandum of law in connection therewith, other than notices served pursuant to Rule 2.5 or citations served pursuant to Rule 3.5(a), filed in an action or served upon any party to an action shall be served upon every other party to the action. This service shall be made:
(1) by handing, or mailing by first-class United States mail, postage prepaid, a copy to, or leaving a copy for, each party at the address of the party’s counsel of record listed on an entry of appearance or prior pleading of the party, or at such other address as a party may agree;
(2) by transmitting a facsimile copy to the party’s counsel of record as provided by subparagraph (c); or
(3) by electronic transmission as provided in subparagraph (d).
(b) If there is no attorney of record,
(1) Service shall be made by handing a copy to the party or by mailing a copy to, or leaving a copy for, the party at the address listed on an entry of appearance or prior pleading or at the residence or place of business of the party, or by transmitting a facsimile copy as provided by subparagraph (c) or by electronic transmission as provided in subparagraph (d).
(2) If such service cannot be made, service shall be made by leaving a copy at, or mailing a copy to, the last known address of the party to be served.
(c)(1) A facsimile copy may be served if the parties agree thereto or if a facsimile telephone number is included on an entry of appearance or other legal paper previously filed with the court in the action.
(2) A facsimile copy shall begin with a facsimile cover sheet containing:
(i) the name, firm, address, telephone number, of both the party making service and the party served;
(ii) the facsimile telephone number of the party making service and the facsimile telephone number to which the facsimile copy was transmitted;
(iii) the title of the legal paper served; and
(iv) the number of pages transmitted.
(d) Service may be effected by electronic transmission if the parties agree thereto or if an email address is included on an entry of appearance or other legal paper previously filed with the court in the action.
(e) Service by mail is complete upon mailing, and service by facsimile is complete when transmission is confirmed. Electronic service is complete when the legal paper is sent to the recipient’s email address, or when the recipient is notified by email that a legal paper affecting the recipient has been filed and is available for review on the court’s website.
(f) A certificate of service shall be attached to any legal paper filed or served pursuant to this Rule, setting forth the manner of service and listing the names and addresses of those individuals and entities served with the legal paper.
Note
Most of Rule 4.4 has no counterpart in former Orphans’ Court Rules, but is based on Pa.R.C.P. No. 440 with modifications. Subparagraph (d) of this Rule is identical to former Rule 3.7(h)(2); it merely has been reformatted and relocated to this Chapter IV.
Explanatory Comment
The Notes and Explanatory Comment appearing after Pa.R.C.P. No. 440 are fully incorporated by reference herein. Service of legal papers as provided in Rule 4.3 can occur even if the local judicial district has not implemented electronic filing.
Source The provisions of this Rule 4.3 amended October 31, 2019, effective January 1, 2020, 49 Pa.B. 6804. Immediately preceding text appears at serial pages (382123) to (382124).
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