Service of Court Documents
Service refers to giving copies of all paperwork and court dates filed with the Court. The Petitioner on the case is responsible for ensuring that the Respondent(s) is properly served. The Court is not responsible for service of the other party on your behalf.
The other party must have sufficient notice of the custody complaint/pleading, or the case may be delayed. The moving party must serve the other side in accordance with the Pennsylvania Rules of Civil Procedure for service of a custody complaint, which may include service by original process in Domestic Relations matters, with all of the following: a) complaint or petition, time-stamped by the Department of Court Records; b) scheduling order for educational seminar and mediation orientation session; c) Domestic Violence Waiver; d). If this is the first custody action filed in the case and service by original process is necessary, but the petitioner is not aware of the respondent’s address, the petitioner shall conduct a diligent search and may file a petition before the assigned Judge requesting permission to serve by alternative means.
The moving party must file a Certificate of Service with the Department of Court Records and deliver a copy to the Custody Department, promptly, and as soon as service is achieved and within 30 days of the issuing of a proof of service order by the Custody Department. The certificate of service must indicate the date, time and manner of such service. If the moving party is sending court papers by restricted certified mail, a copy of the green card indicating proof of service must be attached to the certificate. The responding party may also complete and file an Acceptance of Service with the Department of Court Records and deliver a copy to the Child Custody Department.
If the moving party does not wish to proceed on the custody action before they have made service, they may file a Praecipe for Discontinuance of a Custody Action with the Department of Court Records. A copy of this form must also be provided to the Custody Department.
If a Certificate of Service has not been filed, or service is improper, or the responding party has not filed an Acceptance of Service within thirty days of the Custody Department issuing a request for proof of service then the custody action may be dismissed. If the moving party is unable to successfully serve the other party within this time period, they may file an Affidavit Requesting an Extension for Service with the Custody Department. This Affidavit must be filed within 90 days of the original complaint filing date. The moving party, within that time period, must successfully prove service or the custody action will be dismissed.
If the custody action has been dismissed due to the moving party’s failure to appear or comply with the process, or due to the moving party’s failure to make/file proof of service not by original process, and the party wishes to request to restart the action, they may file a Petition to Reinstate through motions court before the assigned Judge. If a custody complaint was dismissed due to the moving party’s failure to make/file proof of service by original process within the required time frame, the moving party may file a Praecipe to Reinstate Custody Action at the Department of Court Records. In order to reschedule the custody case, the moving party must then file the Petition to Reinstate Custody Scheduling Order and attach a copy of the time-stamped Praecipe from the Department of Court Records. Please note: A filing fee is required and will be collected when the petition to reinstate the custody action is filed at the DCR.
After filing the custody petition and/or complaint and making service, the first step in the custody process is to attend the Generations Program.
Frequently Asked Questions Regarding Service
Who is responsible for serving the other party a copy of my pleading and scheduled court dates?
- You (the filing party) are responsible for making sure the other party is properly served. The Court will not serve the other party on your behalf.
When does the other party need to be served by?
Under Pa.R.C.P. 1930.4, service must be completed:
- Within 30 days of the court’s service order if the other party lives in Pennsylvania
- Within 90 days if the other party lives outside of Pennsylvania
If service is not completed within these timeframes, your case may be dismissed.
Do I have to serve anything besides the complaint or petition?
Yes. Along with your custody petition, you must serve:
- Criminal Record/Abuse History Verification Form (Form 5329.1) – Your completed copy and a blank copy
- Remote Client Information Form
- Domestic Violence Waiver (if applicable)
The 5329.1 form must also be updated if circumstances change (e.g., new household members or criminal charges) and must be completed before any court appearance (including mediation and hearings).
Can I serve the other party myself?
No. You cannot personally serve the other party. Service must be done by:
- Someone over 18 who is not a party to the case (friend, sheriff, constable, etc.)
- Mail (see details below)
- The other party’s attorney (if applicable)
What counts as valid service by mail?
- Certified Mail: Must be signed by the other party or a household member. The signed green return card must be filed as proof.
- Certified + Regular Mail: If certified mail is refused or returned unclaimed, regular mail may still satisfy service if not returned within 15 days.
- Commercial Carrier: Services like FedEx or UPS are acceptable if used in combination with regular mail.
What is “service by original process”?
Service by original process is required when a custody action is filed for the first time and/or original process HAS NOT been completed in the past on the case.
It must be done by one of the following:
- Certified mail with return receipt
- Personal service
- Attorney of record
- Certified/commercial carrier plus regular mail
- Regular mail alone is NOT valid for original process.
Do I have to serve by original process every time?
No. If there is already a valid custody order and original process was previously completed, you may use:
- Personal service
- Certified mail
- Service on the attorney of record
- Regular mail (as long as it is not returned)
How do I prove the other party was served?
Complete a Certificate of Service (Form I-6) and file it with the Department of Court Records (DCR).
You must also send a copy of the Certificate to the Custody Department by:
- Email: custodydepartment@alleghenycourts.us
- Mail: Family Law Center Custody Department, 440 Ross St, Suite 121, Pittsburgh, PA 15219
What if I don’t know where the other party lives?
- You must make a reasonable effort to locate the other party. If unsuccessful, you may file a Petition for Special Relief requesting permission to use alternate service (such as email, publication, etc.), but only with Court approval.
What if the other party refuses the certified mail?
- If the other party refuses to accept the certified mail, but you also sent the mail via regular mail and the regular mail was not returned by the Post Office within fifteen days, then service is considered complete.
What if the certified mail is unclaimed?
- Service is not considered complete if the certified mail was unclaimed. You must use another method to serve the other party.