NOTICE

Several changes to Board of Claims jurisdiction and procedures wrought by Act 142 of 2002 (See 62 Pa. C.S.A. §1721 et seq.) became effective on June 28, 2003, upon publication by the Department of Public Welfare of its “Final Standing Practice Order” under 67 Pa. C.S.A. §1102 (g). You are strongly advised to review these new provisions.

One of the significant changes occurs with regard to the filing and service of statements of claim. Provisions for the Board to serve Respondent and Attorney General have been deleted, and new 62 Pa. C.S.A. §1725 (a) states:

(a) Statement of Claim. - The board shall accept a statement of claim filed in accordance with section 1724 (relating to jurisdiction). The statement of claim shall be signed and verified. Prior to accepting a statement of claim, the board shall require a claimant to prove that the respondent was mailed a copy of the statement of claim. If the respondent is a Commonwealth agency, upon accepting a statement of claim the board shall deliver one copy to the Attorney General.

Effective June 28, 2003, and thereafter, it will be Claimants’ responsibility to serve Respondent in the manner provided (not the Board’s) and the Board’s responsibility to check for the requisite proof of mailing before a statement of claim (including original, amended and/or claims against additional defendants) is accepted for processing. At a minimum, the Board will accept a dated certification of mailing signed by the filing attorney for this purpose. For those of you filing in person, Board staff at the front desk will not refuse documents presented, but your statement of claim will not be accepted for processing until the requisite proof of mailing is provided.

Finally, please note that BOC R.P. 201(a) and (b) remain in effect and must be observed for all statements of claim as well.

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