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, as the moving party on the case, are responsible for ensuring that the other party is properly served. The Court is not responsible for service of the other party on your behalf.
When does the other party need to be served by?
As soon as possible. The other party needs to have at least seven to ten days’ notice prior to the court date. If adequate notice was not provided and the other party does not attend a scheduled court event, you will have to get new dates and serve them in a timely manner.
Can I serve the other party myself?
You cannot personally serve the other party. A competent person over the age of 18, who is not a party on the case, or a family member; can serve the other party for you. This person could be a friend, sheriff, constable, etc. You can also serve them via mail or serve their attorney.
What do I do once the other party has been served?
Complete the Certificate of Service (Form I-6), which shows how the other party was served. File the original form with the Department of Court Records and provide a copy to the Child Custody Department by email at custodydepartment@alleghenycourts.us or regular mail to
Family Law Center-Custody Department
440 Ross Street, Suite 121
Pittsburgh, PA 15219
If certified mail was used to serve the other party, the signed green card that the U.S. Postal Service returned to you must be attached as proof with your Certificate of Service.
What is certified mail?
Certified mail is a service offered by the U.S. Postal Service that provides proof that you sent the mail, allows you to track the delivery or attempted delivery of the mail, and provides you with confirmation that it was received via required signature. If the other party or their household agent signs for the certified mail, the post office will give you the signed green card proving that it was received. If they refuse to sign for it, the mail will be returned to you along with the unsigned green card. In that event, service has not been completed unless you also sent a copy to the other party by regular mail as well and the regular mail was not returned to you by the post office.
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 15 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.
What if I don’t know where the other party lives?
You must conduct a diligent search to find the address of the other party. If you still cannot locate them, you may file a petition for special relief before your assigned judge requesting permission to serve the other party by alternate means.
What is service by original process?
When the first custody action is filed in a case, the other party must be served by original process.
Original process requires the responding party to be served either by certified mail (with the signed green card attached), personal service, service to attorney of record, or both certified and regular mail. Serving the responding party by regular mail alone is not service of original process.
What if I have successfully served the other party by original process in the past?
If you have already served the responding party by original process or there is an existing custody order in your case, then you do not need to do so again. When original process is not required, you may serve the responding party by personal service, attorney of record or regular mail (so long as the mail is not returned by the U.S. Postal Service). Certified mail is always an option.