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HTML Version Copyright 1996 Daniel B. Evans. All rights reserved.

SCH.CO.O.C. RULE 5: NOTICE

Rule 5.1A. Notice. Legal Publication.
The Schuylkill Legal Record shall be the legal periodical for the publication of notices whenever publication in a legal periodical is required by Act of Assembly, by Rule, or by Order of Court.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 5.1B. Service on Attorneys.
Written notice served personally on an attorney of record or on a partner or employee of his office, or by mail addressed to his office, shall be notice to the party whom he represents, except where personal service on the party is specifically required.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 5.2A. Method. Person under Incapacity. No Guardian or Trustee.
Whenever notice is given to a person who is not sui juris and for whom there is no guardian or trustee, notice shall be given by serving it upon him, if he is over fourteen years of age, and, in all cases, upon:

(a) His spouse, if sui juris, or

(b) His next of kin, if sui juris, or

(c) The person with whom he resides or by whom he is maintained; or

(d) The superintendent or other official of the institution having custody of him; or

(e) In such manner as the Court, by special order, may direct.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 5.4A. Notice. Additional Requirements.
(a)(1) Personal Service. Return of personal service shall set forth the date, time, place and manner of such service, and that a true and correct copy of the petition and notice were handed to the person served.

(2) Registered or Certified Mail. Return of notice by registered or certified mail shall set forth the date and place of mailing the petition and notice and shall include the return receipt or a copy thereof.

(3) Publication. Return of notice by publication shall set forth the date(s) and newspapers and/or legal periodicals of publication and shall include proofs of publication or copies thereof.

(b) Except as otherwise provided, a return of notice shall be filed with the Clerk on or before the date set for the occurrence of the event of which notice has been given.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

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