246 Pa. Code r. 1011 - Issuance and Service of Writ of Certiorari
A. Upon receipt of the praecipe for a writ of
certiorari, the prothonotary shall issue the writ and direct it to the
magisterial district judge in whose office the record of the proceedings
containing the judgment is filed. The writ shall be delivered for service to
the party who filed the praecipe.
B. The party obtaining the writ shall serve
it, by personal service or by certified or registered mail, upon the
magisterial district judge to whom it was directed. In like manner, he shall
also serve a copy of the writ upon the opposite party. The address of the
opposite party for the purpose of service shall be his address as listed on the
complaint form filed in the office of the magisterial district judge or as
otherwise appearing in the records of that office. If the opposite party has an
attorney of record named in the complaint form filed in the office of the
magisterial district judge, the service upon the opposite party may be made
upon the attorney of record instead of upon the opposite party
personally.
C. If proof of service
of the writ upon the magisterial district judge and the opposite party is not
filed with the prothonotary within five (5) days after delivery of the writ for
service, the prothonotary shall, upon praecipe of the opposite party, mark the
writ stricken from the record and the writ shall not be reinstated nor shall
any new writ issue.
D. Service and
proof of service may be made by attorney or other agent.
Notes
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