Your service responsibility
Service means giving the other party the filed custody documents and required accompanying papers in a manner allowed by the applicable rules or a court order.
While the Court will attempt to provide notice of scheduled events, such as the Initial Intake Conference, you should also properly serve the other party with your complaint or petition and all required documents to avoid delays.
You are responsible for making sure each responding party is properly served, including a party who is incarcerated.
What must be served
Read the filing instructions for your complaint or petition. Required documents include:
- A copy of your filed complaint or petition and its attachments.
- Any notices or orders that must accompany the filing.
- Your completed Criminal Record/Abuse History Verification.
- A blank Criminal Record/Abuse History Verification for the other party.
- A Domestic Violence Waiver, if applicable.
- The Custody Factors and any other required enclosures identified in your filing instructions or court order.
Follow the instructions for keeping your Criminal Record/Abuse History Verification current if circumstances change.
Original process and service deadlines
“Original process” means the formal service required when a custody action begins. It is required when you first file a custody action or when original process has not previously been completed in the custody case.
Under Pa.R.C.P. 1930.4, original process generally must be served:
- Within 30 days of filing if the responding party is in Pennsylvania.
- Within 90 days of filing if the responding party is outside Pennsylvania.
Follow any applicable reinstatement or court order. An intake appointment does not extend or restart the service period.
Regular mail alone is not sufficient for original process.
How can I serve the other party?
Personal service
You cannot personally hand the original-process documents to the other party yourself.
A sheriff or another qualified adult may make personal service. The adult must be at least 18 years old and cannot be a party to the case, an employee of a party, or a relative of a party.
The person making service must follow the permitted delivery methods and complete the required proof of service.
Service by mail
For original process by mail, send the documents by both:
- First-class regular mail; and
- Certified mail, restricted delivery to the addressee only, with a return receipt requested.
Keep the return receipt, mailing records, and any returned envelopes. Follow Pa.R.C.P. 1930.4 for the requirements that apply to the delivery result.
What if the other party refuses certified mail?
If the certified mail is returned as refused, service may be complete if you also sent the documents by first-class regular mail and that mail was not returned within 15 days of mailing. Keep the returned certified-mail envelope and proof of the regular mailing.
What if certified mail is returned as unclaimed?
If certified mail is returned as unclaimed, service is not complete. Regular mail does not cure unclaimed certified mail. You must use another permitted method.
Does the responding party have to sign the return receipt?
A return receipt bearing the responding party’s signature is one way to establish service. Other delivery situations may qualify if they meet the requirements of Pa.R.C.P. 1930.4, including the required regular mailing and 15-day nonreturn period.
A tracking message alone may not provide all the documentation required to prove service.
Commercial carrier
A commercial carrier, such as FedEx or UPS, may be used with first-class regular mail if the delivery and proof requirements of Pa.R.C.P. 1930.4 are met. Simply sending a package is not enough.
Acceptance of service
The responding party or an authorized agent may formally accept service by signing the required Acceptance of Service form. File the completed form with the Department of Court Records.
An attorney’s involvement in a case does not, by itself, establish that the attorney has accepted original process for the responding party.
Proof of service
Complete the Certificate of Service and file the required proof with the Department of Court Records. Follow the filing deadline that applies to your service method.
Your proof must identify who was served, what documents were served, when and where service occurred, and how service was made. For personal service, the person who made service must complete the required proof.
Attach the documents required for your service method, such as:
- A signed return receipt.
- Delivery records.
- A returned envelope showing that delivery was refused.
- A statement confirming that regular mail was not returned within the required period.
Provide a time-stamped copy to the Custody Department:
Email: custodydepartment@alleghenycourts.us
Mail: Custody Department, Family Law Center, 440 Ross Street, Suite 309, Pittsburgh, PA 15219
Bring a copy of your proof of service to the Initial Intake Conference.
Intake and incomplete service
Attend your Microsoft Teams intake conference even if you have not been able to complete service. Have proof of service or attempted service available.
If the respondent appears, service is treated as complete. If service is incomplete and the respondent does not appear, the Court schedules Secondary Intake after the applicable service period expires.
If service remains incomplete at Secondary Intake and the respondent does not appear, the pending complaint or petition may be dismissed without prejudice.
If your filing is dismissed and you want to proceed, follow the dismissal order and the applicable reinstatement procedure. The required reinstatement form depends on the circumstances.
What if I cannot find the other party or mail is returned?
Make a diligent effort to locate the other party and keep records of your search and service attempts.
If an address is unknown, mail is returned, or you cannot complete service, you may need to seek legal advice or file a motion before the assigned judge requesting an extension of time to serve and/or permission to serve by alternative means upon proof of a diligent search.
Alternative service, such as service by email or publication, requires Court approval. Do not assume that sending an email or notifying the other party informally completes original process.
What if the other party is incarcerated?
Service is still required. Follow the rules and any court order that apply to service on an incarcerated party.
Original-process documents must include notice of the proceeding and notice of the incarcerated party’s right to ask the Court to participate. Contact the Custody Department for procedural information about an upcoming conference involving an incarcerated party.
Do I have to use original process every time?
Not necessarily. Once original process has been properly completed in the custody case, later papers may be served under the rules for documents other than original process, including Pa.R.C.P. 440.
Those rules may allow service by regular mail and generally direct service to the party’s attorney of record when the party is represented. Different requirements may apply to a particular filing or court order.
You must still serve later filings and required documents. Having an existing case does not eliminate service responsibilities.
Contempt petitions
Contempt petitions have specific service requirements under Pa.R.C.P. 1915.12. Follow the contempt filing instructions and notice and order to appear.
The rule permits personal service or regular mail. If service is by mail, the contempt hearing generally cannot take place sooner than seven days after mailing unless the Court orders an earlier hearing for cause.
Do not assume that the original-process requirements for a new custody complaint apply in the same way to a contempt petition.
For information about intake conferences and what happens next, visit Custody Intake and the DRO Process.