Court of Common Pleas of Armstrong County, Pennsylvania Document Filing Requirements

CRITICAL

Applies to

Filing

Parties or attorneys must file a Confidential Information Form at the same time as the document containing confidential information.

Parties or attorneys shall file a Confidential Information Form contemporaneously with such document.

CRITICALCivil cases

Applies to

Application

The required notification must be an application alleging that counsel has not been retained and requesting appointment of an attorney.

Such notification shall consist of an application alleging the same and requesting the appointment of an attorney.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

Every petition must include an attached proposed order substantially in the prescribed form and providing for an evidentiary hearing.

(3) Every petition shall have attached to it a proposed order substantially in the form prescribed below, providing for an evidentiary hearing.

CRITICALCriminal cases

Applies to

Affidavit of surety

Each affidavit of surety must include proof of how title was acquired and a lawyer’s certification of ownership, title, and liens, which may be replaced by a title insurance policy naming Armstrong County as an insured.

(c) Attached to each affidavit of surety submitted pursuant to paragraph (a), above, shall be the following: (i) a photocopy of the deed, decree of distribution or other instrument of record, bearing all pertinent recording data, by which title was acquired, and (ii) the written certification by a lawyer licensed to practice law in the Commonwealth certifying the names of the current owners of record of the realty, certifying that good and marketable title is vested in them, and further certifying the nature, holder and unpaid balance of each lien that then encumbers the realty, including, but not limited to, mortgage, judgment and tax liens. A title insurance policy with the County of Armstrong appearing as a named insured may be Substituted for the lawyer’s written certification.

CRITICALCivil cases

Applies to

Answer

An answer must state the material facts constituting the defense to the petition.

(a) An answer shall state the material facts which constitute the defense to the petition.

CRITICALCivil cases

Applies to

Notice to defend

Every notice to defend must identify the Armstrong County Prothonotary, with the specified address and telephone number, as the source of legal help.

(a) Every notice to defend shall designate the “Prothonotary of Armstrong County, Armstrong County Courthouse, Suite 103, Kittanning, PA 16201 (telephone: 724-543-2500)” as the person from whom legal help can be obtained.

CRITICAL

A non-documentary exhibit offered into evidence must have a photograph no larger than 8-1/2 by 11 inches entered into the record.

If a proponent offers into evidence a non- documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 x 11 inches) of the exhibit is entered into the record.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order

A motion for judgment on the pleadings must include a proposed argument-scheduling order substantially in the prescribed form.

The motion must also be accompanied by a proposed order for the purpose of scheduling an argument thereon, substantially in the form prescribed as follows:

CRITICALCivil cases

Applies to

Petition

A party seeking to join an additional person under Pa.R.C.P. No. 2232(c) must proceed by petition and rule to show cause.

A party who desires to join any additional person who could have joined or who could have been joined in the action pursuant to Pa.R.C.P. No. 2232(c), shall proceed by petition and rule to show cause.

CRITICALCriminal cases

Applies to

Affidavit of surety

The defendant must sign the affidavit of surety and surety information page, and all owners must also sign if the defendant does not own the realty.

(b) The affidavit of surety and the surety information page shall be signed by the defendant and by all owners of the realty being offered as security if the realty is not owned by the defendant

CRITICALCivil cases

Applies to

Emergency guardian petition

The emergency-guardian petition must include the preliminary order of court in the specified form.

(d) The petition shall have attached to it a preliminary order of court (emergency guardian) in following form:

CRITICALCivil cases

Applies to

Counsel fee request

Each attorney must give the Master a request specifying counsel fees, recommend whether they should be charged against the property or resulting fund, and suggest how they should be apportioned among the parties.

Each attorney shall furnish to the Master a request for a specific amount of counsel fees, together with a recommendation of whether the fees should be charged against the property or the fund resulting therefrom, and shall suggest the apportionment of the same among the parties.

CRITICALCriminal cases

Applies to

Ard court list request

A case is placed on the ARD Court List upon a written request delivered directly to the Court Administrator and signed by the District Attorney.

Upon written request delivered directly to the Court Administrator and signed by the District Attorney, the Court Administrator shall place a case on the ARD Court List.

CRITICALCivil cases

Applies to

Petition

The joinder petition must state the substantive law permitting the joinder.

The petition shall set forth the substantive law permitting such joinder.

CRITICALCivil cases

Applies to

Notice

The notice must include the listed case, appointment, representative, hearing, matter-to-be-determined, and auditor-or-master information.

(b) the notice shall include the following: (i) the caption and number of the case; (ii) the fact and date of appointment; (iii) the name of the personal representative of the estate (iv) the time and place of hearing; (v) a general statement of the matters to be determined; and (vi) the signature and the typewritten name, address and telephone number of the auditor or master.

CRITICALCivil cases

Applies to

Papers filed pursuant to Pa O C Rule 2 4

Papers filed under Pa.O.C. Rule 2.4 must include a decree in the prescribed form, modified as appropriate if no distribution is proposed.

(a) A decree which will confirm the account and approve the petition for adjudication/statement of proposed distribution shall accompany the papers filed pursuant to Pa.O.C. Rule 2.4. (b) The decree shall be in the following form, but it shall be modified appropriately if no distribution is being proposed:

CRITICALCivil cases

Applies to

Motion for appointment of master

A motion for appointment of a master must use the form prescribed by Pa.R.C.P. No. 1920.51(a)(3).

The form of the motion shall be as prescribed by Pa.R.C.P. No. 1920.51(a)(3).

CRITICALCivil cases

Applies to

Certificate of service

Must include

certificate of service

The certificate of service must substantially follow the form prescribed by the rule.

The certificate of service shall be substantially in the form prescribed as follows:

CRITICALCivil cases

Applies to

Proposed citation

A proposed citation must be presented to the Court for review when the petition is presented.

A proposed citation shall be presented to the Court for review at the time the petition is presented.

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

An omnibus pretrial motion requiring an evidentiary hearing or argument must include a substantially conforming cover sheet as its front page, with the specified questions.

Every omnibus pretrial motion for relief requiring an evidentiary hearing or argument shall have attached thereto a cover sheet as a front page. The cover sheet shall be substantially in the following form: [CAPTION] COVER SHEET FOR OMNIBUS PRETRIAL MOTION REQUIRING EVIDENTIARY HEARING -1- Has any judge heard this matter previously? ____ Yes ____ No -2- If yes, which judge has heard it? ___________________ -3- How many witnesses do you believe will testify (combined total)? _________ -4- How much time will be reasonably necessary to conduct the hearing? _____ minutes _____ hours _____ days

CRITICALCriminal cases

Applies to

Petition

For a scheduled court appearance by a detained defendant held outside the Armstrong County Jail, defense counsel must petition for temporary release and transportation; if the defendant is unrepresented, the Commonwealth’s attorney must file the petition.

If a defendant represented by counsel is in detention in any facility other than the Armstrong County Jail, and if he is scheduled for any appearance before the Court, defense counsel shall petition the court for an order causing his temporary release from his current place of confinement and his transportation to an confinement at the Armstrong County Jail pending and during his appearance before the Court. If the defendant is not represented by counsel, the attorney for the Commonwealth shall file such a petition.

CRITICALCivil cases

Applies to

Notice

The defendant’s writ-of-execution notice must identify the specified Prothonotary and contact details as the source of information about obtaining legal help.

The notice of the defendant in a writ of execution shall designate the “Prothonotary of Armstrong County, Armstrong County Courthouse, Room 103, Kittanning, PA 16201 telephone: (724) 543-2500 as the person from whom the defendant can obtain information on where to get legal help.

CRITICALCriminal cases

Applies to

Application for assignment of counsel

Applications for assignment of counsel under Pa.R.Crim.P. 122 must be submitted to the Armstrong County Public Defender’s Office.

All applications for assignment of counsel pursuant to Pa.R.Crim.P. 122 shall be submitted to the Armstrong County Public Defender’s Office.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must be filed with a separate supporting brief addressing all issues raised.

At the time of filing, all motions for judgment on the pleadings shall be accompanied by a separate brief in support thereof, addressing all issues raised in the motion.

CRITICALCivil cases

Applies to

Proposed temporary order

The completed Conciliation Conference Checklist must be attached to the proposed temporary order.

The completed Conciliation Conference Checklist shall be attached to the proposed temporary order.

CRITICALCivil cases

Applies to

Motion for summary judgment

A motion for summary judgment must be filed with a separate supporting brief addressing all issues raised.

At the time of filing, all motions for summary judgment shall be accompanied by a separate brief in support thereof, addressing all issues raised in the motion.

CRITICALCivil cases

Applies to

Caption

Must include

caption

The caption must identify the petition that commenced the proceeding.

As noted in the parenthetical material set forth in the required format, the caption must identify the petition which commenced the proceeding.

CRITICALCivil cases

Applies to

Appearance

An attorney representing a party in a support action must file a written appearance; withdrawal is governed by Pa.R.C.P. No. 1012(b), subject to the stated exception.

(e) An attorney who represents a party in any action for support shall file a written appearance. Except as otherwise provided in Pa.R.C.P. No. 1910.6, the withdrawal of an appearance shall be governed by Pa.R.C.P. No. 1012(b).

CRITICALCivil cases

Applies to

Caption and heading

The caption and heading must substantially follow the form set out in Rule 3.2.1.

(c) The caption and heading shall be substantially in the following form:

CRITICALCivil cases

Applies to

Notice of intended presentation

Must include

certificate of service

At presentation, provide the Motions Judge with a copy of the notice of intended presentation bearing an attached certificate stating the date and manner of service.

A copy of the notice of intended presentation shall be presented to the Motions Judge at the time of presentation of the motion, request or application. The copy shall have attached to it a certificate stating the date and manner of service.

CRITICALCivil cases

Applies to

Petition

A joined party seeking to be dropped under Pa.R.C.P. No. 2232(b) must proceed by petition and rule to show cause.

A party who has been joined and who desires to be dropped from the action pursuant to Pa.R.C.P. No. 2232(b) shall proceed by petition and rule to show cause.

CRITICALCivil cases

Applies to

Petition

A petition must use consecutively numbered paragraphs, each containing, as far as practicable, only one material allegation.

(3) A petition shall be divided into paragraphs numbered consecutively. Each paragraph shall contain as far as practicable only one material allegation.

CRITICALCriminal cases

Applies to

Plea court list request

The written request to place a case on the Plea Court List may not be signed until any applicable plea agreement has first been signed by the District Attorney, the defendant, and defense counsel, if any.

(b) No written request directing that a case be placed on a Plea Court List shall be signed by the District Attorney or defense counsel (or by a defendant, if there is no defense counsel) unless the applicable plea agreement, if any, has first been signed by the District Attorney, the defendant, and defense counsel, if any.

CRITICALCivil cases

Applies to

Petition

The court will hold a hearing on every petition, and the petitioner must file a proposed scheduling order with the petition.

In each and every case, the Court will conduct a hearing on the petition. The petitioner shall file a proposed scheduling order for the hearing at the time the petition is filed.

CRITICALCivil cases

Applies to

Petition

The petition must also include the specified estate assets and values, conditional joint-tenancy and inheritance-tax information, proposed distributees and distributions, consents or joinders, and other relevant information.

(6) all assets of decedent’s estate, other than real estate, and the value of each; (7) in the event that it appears that all claimants cannot be paid in full, all assets in which the decedent had an interest as a joint tenant with right of survivorship, together with the value of each such asset and decedent’s fractional interest therein; (8) a statement that a Pennsylvania inheritance tax return need not be filed and the reason therefor; or, in the alternative, that one has been filed, that all taxes due thereon have been paid, and that proof of such payment is attached to the petition; or, in the alternative, the reason why the same has not occurred; (9) the name of each proposed distributee and their respective proposed distributions; (10) the name of each person who has consented to or joined in the prayer of the petition, together with a statement that the consent is attached; and (11) any other relevant information.

CRITICALCivil cases

Applies to

Petition

A petition must specify the relief sought and state the material facts supporting its grounds.

(2) A petition shall specify the relief sought and state the material facts, which constitute the grounds therefor.

CRITICALCivil cases

Applies to

Proposed temporary order

Unless the Court has already ordered attendance at mediation orientation immediately after the conference, the proposed temporary order must require the parties to attend orientation together before a mediator.

If the Court has not entered an order immediately after the conciliation conference directing such attendance at a mediation orientation session, the proposed temporary order shall contain a provision requiring the parties together to attend an orientation session before a mediator as required by L.R.C.P. No. 1940.3(a).

CRITICALCivil cases

Applies to

Return of sale

The Master must attach the counsel-fee requests, recommendations, and apportionment suggestions to the return of sale for the Court’s consideration.

The Master shall attach these requests, recommendations and suggestions to his return of sale for consideration by the Court.

CRITICALCivil cases

Applies to

Notice

If the action was commenced by complaint, the plaintiff must attach a copy of it to the notice.

The plaintiff shall attach to the notice a copy of the complaint, if the action has been commenced by a complaint.

CRITICALCivil cases

Applies to

Notice of petition for appointment of guardian and hearing

The required notice must use the form set out in the rule.

The notice required by this Rule shall be in the following form:

CRITICALCivil cases

Applies to

Inventory copy

A notice substantially in the prescribed form must accompany the inventory copy as its front page.

A notice substantially in the following form shall accompany the copy as its front page:

CRITICALCivil cases

Applies to

Brief

The proposed order directs the party defending a motion for judgment on the pleadings to file a brief on the issues by the date specified in the order.

(Name of party defending against motion) shall file a brief concerning the issues raised in the Motion on or before ________________________, 2_______.

CRITICALCivil cases

Applies to

Petition

Every petition filed under Chapter III of the Pennsylvania Orphans’ Court Rules must have the prescribed cover sheet attached.

A cover sheet in the following form shall be attached to every petition filed pursuant to Chapter III of the Pennsylvania Orphans’ Court Rules; every set of objections to an account filed pursuant to Pa.O.C. Rule 2.7; and every set of objections to an inventory filed pursuant to 20 Pa.C.S. §3305:

CRITICALCivil cases

Applies to

Post trial motion

Must include

proposed order

A motion for post-trial relief must include a proposed order substantially in Appendix C-1’s form to schedule argument.

A motion for post-trial relief shall be accompanied by a proposed order for the purpose of scheduling an argument thereon, substantially in the form prescribed by Appendix C-1 of these Local Rules.

CRITICAL

Applies to

Exhibit

A photograph offered as evidence must be entered into the record as the original or as a copy no larger than 8-1/2 by 11 inches.

If a proponent offers into evidence a photograph, the proponent shall ensure that the original or a copy of the photograph in lieu of the original (no larger in size than 8-1/2 x 11 inches) is entered into the record.

CRITICALCivil cases

Applies to

Complaint

An ejectment action compelled by an adverse party in a quiet-title action must be commenced by filing a complaint under a new case number.

When an adverse party in a quiet title action is compelled to commence an action in ejectment, such an action shall be commencby the filing of a complaint at a new case number.

CRITICALCivil cases

Applies to

Exceptions

A party filing exceptions to a master’s report must order and file the hearing transcript.

A party who files exceptions to a master’s report pursuant to Pa.R.C.P. No. 1920.55-2(b) shall order and file a transcript of the hearing conducted by the master.

CRITICALCivil cases

Applies to

Petition or motion requiring evidentiary hearing

A petition or motion requiring an evidentiary hearing must include a substantially conforming cover sheet as its front page.

Every petition and motion requiring an evidentiary hearing shall have attached thereto a cover sheet as a front page. The cover sheet shall be substantially in the following form:

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must be filed with a separate supporting brief addressing the issues raised.

At the time of filing, all preliminary objections shall be accompanied by a separate brief in support thereof, addressing issues raised in the objections.

CRITICALCivil cases

Applies to

Petition

The subject child or children must be present at the petition hearing.

The subject child or children shall be present for the hearing.

CRITICALCivil cases

Applies to

Petition for appointment of guardian

A petition for appointment of a guardian must have the prescribed preliminary order attached.

The petition for appointment of guardian of incapacitated person shall have attached thereto a preliminary order of Court in the following form:

CRITICALCivil cases

Applies to

Notice

A Rule 2205 notice must substantially follow the form in Appendix J.

The notice prescribed in Pa.R.C.P. No. 2205 shall be in substantially the form prescribed in Appendix J of these Local Rules.

CRITICALCivil cases

Applies to

Notice

The notice of filing an auditor's or master's report must use the prescribed form.

(b) The notice shall be in the following form:

CRITICALCriminal cases

Applies to

Jury trial waiver

After an appropriate colloquy and the Court’s determination that the defendant is knowingly and intelligently ready to waive a jury trial, the defendant must sign a written waiver.

After an appropriate colloquy, a written waiver of jury trial shall be signed by the defendant if the Court ascertains that the defendant is knowingly and intelligently ready to waive the same.

CRITICALCivil cases

Applies to

Written report

If the parties do not reach a final, comprehensive custody consent agreement, the CCO must provide the Court a written report within five days of the conference.

(g) In all cases where a final, comprehensive custody consent agreement is not reached, the CCO shall provide a written report to the Court within five days of the conference, which may contain the following:

CRITICALCivil cases

Applies to

Inventory objections

Objections to an inventory or supplemental inventory under 20 Pa.C.S. §3305 must be filed with the Clerk of the Orphans’ Court Division, not the Register of Wills.

(d) All objections to an inventory or supplemental inventory filed pursuant to 20 Pa.C.S. §3305 shall be filed with the Clerk of Orphans’ Court Division, and not with the Register of Wills.

CRITICALCivil cases

Applies to

Petition

A petitioner seeking relief from provisions of 20 Pa.C.S. §5511 as infeasible must state the factual basis, and the Court may dispense with compliance in its discretion in the citation order.

If a petitioner believes that one or more provisions of 20 Pa.C.S. §5511 are not feasible under the circumstances, the petitioner shall state the factual basis for the same, and the Court may, in its discretion, dispense with compliance in the order awarding the citation.

CRITICALCivil cases

Applies to

Petition

A small-estate settlement petition must include the specified petitioner, decedent, heir, and claimant information and statements; the listed requirements continue in the following text.

(b) A petition for settlement of a small estate shall include the following: (1) the name and address of each petitioner; (2) the decedent’s date of death and domicile at the time of death, together with a statement that an original death certificate is attached; (3) a statement whether the decedent died testate or intestate and, if testate, that the original copy of the will is attached; or that it cannot be produced and the reason therefor and that a photocopy of it is attached. (4) the name and address of each testate or intestate heir, as applicable. (5) the name and addresses of all claimants known by the petitioner, including creditors of the decedent on the date of death, providers of funeral services, providers of goods and services to the petitioner arising from settlement of the estate, together with

CRITICALCriminal cases

Applies to

Search warrant application

A search warrant application must have Commonwealth attorney approval before filing; in appropriate circumstances approval may be oral and, when feasible, should be communicated directly to the judicial officer and noted.

The District Attorney of Armstrong County having filed a certification pursuant to Pa.R.Crim.P. 202, no search warrant shall be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing. Comment The approval of the attorney for the Commonwealth may be oral in appropriate circumstances. Whenever feasible, such oral approval should be communicated directly to the judicial officer, who should make proper notations thereof.

CRITICALCivil cases

Applies to

Petition

A small-estate settlement petition must have the listed supporting documents attached, including a proposed decree of distribution.

(c) The following items shall be attached to a petition for settlement of a small estate: (1) an original death certificate; (2) the decedent’s will, if any; (3) proof of payment of the Pennsylvania inheritance due under the return actually filed; (4) original copies of consents, joinders, and statements of no objection signed by interested parties; and (5) a proposed decree of distribution.

CRITICALCivil cases

Applies to

Petition

A party objecting to a substitution under Pa.R.C.P. No. 2352(a) must proceed by petition and rule to show cause.

A party who objects to a substitution under Pa.R.C.P. No. 2352(a) shall proceed by petition and rule to show cause.

CRITICALCivil cases

Applies to

Response to summary judgment motion

The proposed order directs the party defending a summary-judgment motion to file a Rule 1035.3 response by the date specified in the order.

(Name of party defending against motion) shall file both a response pursuant to Pa.R.C.P. No. 1035.3 and a separate brief concerning the issues raised in the Motion on or before ________________________, 2_______.

CRITICALCivil cases

Applies to

Petition

After filing a complaint, a plaintiff seeking to join an unwilling person with only a joint interest must proceed by petition and rule to show cause.

After a complaint has been filed, a plaintiff desiring to join an unwilling person having only a joint interest in the subject matter of the action, either as a defendant or as an involuntary plaintiff, shall proceed by petition and rule to show cause.

CRITICALCivil cases

Applies to

Motion request application

An emergency motion, request, or application must state the nature of the emergency and why required notice could not be given.

In an emergency situation, the nature of the emergency and the reasons why the required notice could not be given must be set forth in the motion, request or application then being filed.

CRITICALCivil cases

Applies to

Praecipe

A praecipe is required for the Prothonotary to appoint arbitrators, who are chosen alphabetically from qualified lawyers.

Upon praecipe, the Prothonotary shall appoint the arbitrators from a list of lawyers who are qualified to act, and they shall be chosen in alphabetical order.

CRITICALCriminal cases

Applies to

Continuance motion

Must include

proposed order

A continuance motion must have an attached proposed order substantially in the form prescribed by Appendix Z.

(c) A proposed order substantially in the form prescribed by Appendix Z of these Rules shall be attached to the motion seeking the continuance.

CRITICALCriminal cases

Applies to

Petition

Must include

proposed order

The petition must have an appropriate order attached and must be filed at least ten days before the appearance.

The petition shall have an appropriate Order attached thereto, and it shall be filed no later than ten (10) days before the date of appearance.

CRITICALCivil cases

Applies to

Master report

The Master's report must state what notice was given.

The Master shall in his report set forth the notice given.

CRITICALCriminal cases

Applies to

Plea court list request

A written request to place a case on the Plea Court List must be delivered directly to the Court Administrator and signed by the District Attorney and defense counsel, or by the defendant if unrepresented.

(a) Upon written request delivered directly to the Court Administrator and signed by both the District Attorney and defense counsel (or by a defendant if there is no defense counsel), the Court Administrator shall place a case on the Plea Court List.

CRITICALCivil cases

Applies to

Indirect criminal contempt complaint

If a Magisterial District Judge conducts the preliminary arraignment, the original complaint must be forwarded forthwith to the Clerk of Courts.

If a Magisterial District Judge conducts the preliminary arraignment, the original copy of the complaint shall forthwith be forwarded to the Clerk of Courts.

CRITICALCivil cases

Applies to

Brief

The proposed order directs the party addressed by preliminary objections to file a brief on the issues by the date specified in the order.

(Name of party to whom preliminary objections are addressed) shall file a brief concerning the issues raised in the Preliminary Objections on or before ______________________, 2_____.

CRITICALCivil cases

Applies to

Petition pleading or other court paper

A petition, pleading, or other court paper must have a heading that specifically identifies the paper.

(b) The heading of any petition, pleading or other court paper shall identify with particularity the nature of the paper being filed.

CRITICALCivil cases

Applies to

Pre trial statement

All parties must file a pre-trial statement before the initial pre-trial conference.

(a) All parties shall file a pre-trial statement at least three (3) days prior to the initial pre-trial conference.

CRITICALCivil cases

Applies to

Petition or answer

A petition or answer containing an allegation of fact not appearing of record must be verified.

(a) A petition or an answer containing an allegation of fact which does not appear of record shall be verified.

CRITICALCriminal cases

Applies to

Criminal case

The Clerk must file a certificate in the criminal case confirming entry of judgment and stating the pertinent details.

(e) The Clerk of Courts shall, as final acceptance of the realty as security, cause of judgment to be confessed against all owners thereof in the appropriate county, in favor of the Commonwealth for the use of Armstrong County. The Clerk of Courts in hereby authorized to execute all judgment lien releases for property that may be encumbered by the judgment lien, but not intended to serve as security, and is further authorized to cause the judgment lien to be marked as satisfied after the full and final disposition of the case. The Clerk shall file a certificate among the papers of the criminal case certifying that judgment has been entered and setting forth the pertinent details of entry.

CRITICALCivil cases

Applies to

Brief

When the Court orders a brief, issues raised by a party are deemed waived if that party does not address them in the brief.

Issues which are raised by pleadings, petitions, motions, applications, or otherwise and which are not addressed in a brief by the person raising such issues, shall be deemed to have been waived when submission of the brief has been ordered by the Court.

CRITICALCivil cases

Applies to

Public sale notice

Public-sale notice must state the required down payment and identify who will pay the transfer taxes and real estate taxes.

The notice shall state the down payment required at time of sale and identify who will pay the transfer taxes and real estate taxes.

CRITICALCriminal cases

Applies to

Eligibility guidelines

The Public Defender must prepare written eligibility guidelines every two years, and the Court must approve them before implementation.

The Public Defender shall be responsible for preparation of written eligibility guidelines biennially. All such guidelines shall be approved by the Court prior to implementation.

CRITICALCivil cases

Applies to

Petition

A petition requiring a citation under Pa.O.C. Rule 3.5(a) must have an attached proposed preliminary decree substantially following the prescribed form.

In the case of a petition requiring a citation under Pa.O.C. Rule 3.5(a), the petition shall have attached thereto a proposed preliminary decree substantially in the following form:

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

Preliminary objections must be accompanied by a proposed scheduling order substantially in the prescribed form.

The preliminary objections must also be accompanied by a proposed order for the purpose of scheduling a hearing or argument thereon, substantially in the form prescribed as follows:

CRITICALCivil cases

Applies to

Petition

An incapacitated-person injury compromise petition must contain the specified injury, liability, financial, and expense information and include the attending physician’s written report.

Every petition for approval by the Court of a proposed compromise, settlement or discontinuance of an action for injury to the person of an incapacitated person shall contain a description of the injury, a brief account of the circumstances under which it was sustained, a statement of the nature of the evidence relied on to establish liability, any limits on the defendant’s financial responsibility, a list of the expenses incurred, the fees of counsel and arrangements for payment of unpaid bills. The petition shall be accompanied by a written report of the attending physician stating the extent of the injury, the treatment given and the prognosis for the injured party.

CRITICALCivil cases

Applies to

Praecipe to transmit record

Must include

certificate of service

A praecipe to transmit the record must use the prescribed form, including the notice-service certification, filed proofs of service, last-service date, and attorney signature.

The praecipe shall be in the following form: [CAPTION] PRAECIPE TO TRANSMIT RECORD TO THE CLERK OF THE ORPHANS’ COURT DIVISION: I, the undersigned, hereby direct the Clerk of the Orphans’ Court Division forthwith to transmit the record of this matter, including this praecipe, to the Court for review and action. I certify that notice of (type of petition)_ was served upon all parties in interest and that the required proofs of service have been filed. The date of service of the last notice to be served was _____________________, 2_____. _______________________ Attorney for Petitioner

CRITICALCivil cases

Applies to

Petition to compel inventory

Petitions to compel filing of an inventory or supplemental inventory must be filed with the Clerk of the Orphans’ Court Division, not the Register of Wills.

(c) All petitions to compel the filing of an inventory or a supplemental inventory required by 20 Pa.C.S. §3301 and §3303, respectively, shall be filed with the Clerk of the Orphans’ Court Division, and not with the Register of Wills.

CRITICAL

Applies to

Arrest warrant application

Arrest warrant applications charging any listed offense must be approved by an attorney for the Commonwealth before filing; oral approval may be given in appropriate circumstances, and when feasible should be communicated directly to the judicial officer, who should make proper notations.

(a) The District Attorney of Armstrong County having filed a certification pursuant to Pa.R.J.C.P. 210(b), no arrest warrant application charging any offense set forth in subsection (b), below, shall hereafter be accepted by any judicial officer unless it has been approved by an attorney for the Commonwealth prior to its filing. (b) Subsection (a) of this rule shall apply when any of the following offenses is charged: (i) Criminal homicide, in violation of 18 Pa.C.S. §2501; (ii) Murder in any degree, in violation of 18 Pa.C.S. §2502; (iii) Voluntary manslaughter, in violation of 18 Pa.C.S. §2503; (iv) Involuntary manslaughter, in violation of 18 Pa.C.S. §2504; (v) Homicide by vehicle, in violation of 18 Pa.C.S. §3732; (vi) Homicide by vehicle while driving under the influence, in violation of 18 Pa.C.S. §3735; (vii) Aggravated assault, in violation of 18 Pa.C.S. §2702(a)(1) through (6), inclusive (viii) Rape, in violation of 18 Pa.C.S. §3121; (ix) Involuntary deviate sexual intercourse in violation of 18 Pa.C.S. §3123; (x) Robbery, in violation of 18 Pa.C.S. §3701(a)(1)(i) through (iv), inclusive; and (xi) Aggravated assault by vehicle while driving under the influence, in violation of 75 Pa.C.S. §3735.1.

CRITICALCriminal cases

Applies to

Legal papers

Counsel and unrepresented parties must follow Pennsylvania's Public Access Policy and must not include confidential information in legal papers filed with the Clerk of Courts or the Court.

Counsel and unrepresented parties must adhere to the Public Access Policy of the Unified Judicial System of Pennsylvania and refrain from including confidential information in legal papers filed with the Clerk of Courts or the Court, whether filed electronically or in a paper format.

CRITICALCivil cases

Applies to

Exceptions

A party filing exceptions must order, pay for, and file the hearing transcript with the Prothonotary; a reasonable down payment is $100 or half the estimated cost, and the exceptions may be dismissed if the transcript is not filed before argument.

(f) A party who files exceptions to a hearing officer’s report shall order, pay for, and file with the Prothonotary, a transcript of the hearing. The hearing officer shall contact the exceptant’s lawyer, or if there is none, the exceptant, by mail regarding the amount and method of payment. A down payment of $100.00 or one-half of the estimated cost of the transcript is hereby deemed to be reasonable. The Court will enforce payment of a delinquent balance for a transcript with its contempt papers. If a transcript is not filed with the Prothonotary before argument on the exceptions, the exceptions may be dismissed for that reason.

CRITICALCivil cases

Applies to

Notice

The Rule 2232(a) notice must use the form prescribed by the special order.

The notice shall be in such form as prescribed by the special order.

CRITICALCivil cases

Applies to

Notice of filing

A notice of filing for the specified papers must substantially follow the prescribed form.

Notice of the filing of an account, a petition for adjudication/statement of proposed distribution, and a proposed decree shall be substantially in the following form:

CRITICALCivil cases

Applies to

Notice of intended presentation

The notice of intended presentation must substantially follow the form prescribed by the rule.

The notice of intended presentation shall be substantially in the form prescribed as follows:

CRITICALCivil cases

Applies to

Motion

The motion must attach a copy of the notice of intention to enter default judgment, except when the party was served by publication.

The motion shall have attached thereto a copy of the notice of intention to enter a default judgment served upon the defaulting party pursuant to Pa.R.C.P. No. 237.1; provided, however, that this requirement shall not apply where a party has been served by publication.

CRITICALCriminal cases

Applies to

Continuance motion

When appropriate, attach to a continuance motion a waiver of Pa.R.Crim.P. 600 signed by the defendant.

(b) When appropriate, a motion seeking a continuance shall have attached thereto a waiver of Pa.R.Crim.P. 600 signed by the defendant.

CRITICALCivil cases

Applies to

Petition

A person seeking leave to intervene must proceed by petition and rule to show cause.

A person who seeks leave to intervene shall proceed by petition and rule to show cause.

CRITICALCriminal cases

Applies to

Criminal complaint and arrest warrant affidavit

For the offenses specified in subsection (b), a police officer’s criminal complaint and arrest warrant affidavit must have Commonwealth attorney approval before filing to be accepted by a judicial officer.

(a) The District Attorney of Armstrong County having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Pennsylvania Rules of Criminal Procedure, charging any offense set forth in subsection (b), below, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.

CRITICALCivil cases

Applies to

Petition

A minor-injury compromise petition must contain the specified injury, liability, financial, and expense information and include the attending physician’s written report.

Every petition for approval by the Court of a proposed compromise, settlement or discontinuance of an action for injury to the person of a minor shall contain a description of the injury, a brief account of the circumstances under which it was sustained, a statement of the nature of the evidence relied on to establish liability, any limits on the defendant’s financial responsibility, a list of the expenses incurred, the fees of counsel, and arrangements for payment of unpaid bills. The petition shall be accompanied by a written report of the attending physician stating the extent of the injury, the treatment given and the prognosis for the injured party.

CRITICALCivil cases

Applies to

Answer

An answer must use consecutively numbered paragraphs corresponding to the petition’s numbered paragraphs.

(b) An answer to a petition shall be divided into para- graphs, numbered consecutively, corresponding to the numbered paragraphs of the petition.

CRITICALCivil cases

Applies to

Inventory

Inventories must be filed with the Register of Wills, not the Clerk of the Orphans’ Court Division.

(a) Inventories shall be filed with the Register of Wills, and not with the Clerk of the Orphans’ Court Division.

CRITICALCivil cases

Applies to

Emergency guardian petition

A separate petition must be filed to seek appointment of an emergency guardian.

(a) A separate petition for appointment of an emergency guardian shall be filed.

CRITICALCriminal cases

Applies to

Waiver of counsel

A defendant who wishes to waive counsel must sign a written waiver after an appropriate colloquy.

After an appropriate colloquy, the Court will require a defendant who wishes to waive counsel to sign a written waiver of counsel.

CRITICALCivil cases

Applies to

Petition

Each listed petition may concern no more than one child.

No more than one child may be the subject of a petition for voluntary relinquishment to an agency; for voluntary relinquishment to adult intending to adopt child; to confirm consents for an adoption; or for adoption.

CRITICAL

Applies to

Exhibit

For an oversized documentary exhibit, the proponent must ensure a reduced 8-1/2-by-11-inch copy is entered into the record.

If a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8-1/2 x 11 inches, the proponent shall ensure that a copy of the document reduced to 8-1/2 x 11 inches is entered into the record.

CRITICALCivil cases

Applies to

Legal paper signed by attorney

A legal paper signed by an attorney must have the attorney’s typewritten or printed name immediately beneath the signature.

Every legal paper signed by an attorney shall have the name of the attorney typewritten or printed immediately beneath the place of signature.

CRITICALCivil cases

Applies to

Cover sheet

The reverse side of the cover sheet must list each interested party’s name and address and, if applicable, the name and address of that party’s attorney of record.

On the reverse side, indicate the name and address of each interested party in this proceeding, as well as the name and address of each such party’s attorney of record, if any.

CRITICALCivil cases

Applies to

Exceptions

Exceptions to an auditor’s or master’s report must be in writing and filed with the Clerk.

(a) Exceptions to an auditor’s report, or master’s report, shall be in writing filed with the Clerk.

CRITICALCivil cases

Applies to

Proposed temporary order

The proposed temporary order must provide for the occurrence of the matters agreed upon at the conciliation conference.

providing for the occurrence of those things agreed upon at the conciliation conference.

CRITICALCivil cases

Applies to

Pleading

Must include

caption

Pleadings must use the specified court caption.

(a) Pleadings shall be captioned “Court of Common Pleas of Armstrong County, Orphans’ Court Division”.

CRITICALCriminal cases

Applies to

Affidavit of surety

When realty is offered as bail security, a completed affidavit of surety and surety information page, including a warrant of attorney for confession of judgment, must be submitted to the Clerk in the form the Clerk prescribes.

(a) When realty is offered to satisfy a monetary condition of bail, in full or in combination with other forms of security, a completed affidavit of surety and surety information page (including a warrant of attorney for confession of judgment) must be submitted to the Clerk of Courts. The affidavit and the surety information page shall be in such form as the Clerk may prescribe from time to time.

CRITICALCivil cases

Applies to

Motion request application

Must include

proposed order

Attach a suggested order granting the requested relief to every motion, request, or application presented to the Motions Judge.

Every motion, request, and application presented to the Motions Judge shall have attached thereto a suggested order granting the relief requested.

CRITICALCivil cases

Applies to

Preliminary determination notice

The notice must give parties 20 days after service to accept or reject the proposed allocation plan or object to a private sale, and must include the other applicable information specified in Pa.R.C.P. No. 1566.

The notice shall provide that the parties shall have twenty (20) days after service to accept or reject the proposed plan of allocation or to object to a private sale confined to the parties. Said notice shall also include all other applicable information specified in Pa.R.C.P. No. 1566.

CRITICALCivil cases

Applies to

Demand for hearing

When the support or alimony pendente lite claim is included as a count in a divorce complaint, the hearing demand must be filed with the Domestic Relations Section together with a copy of the divorce pleading containing the count.

(a) When a claim for support or alimony pendente lite is filed as a count in a divorce complaint rather than as a separate action in the Domestic Relations Section, the demand for hearing thereon shall be filed with the Domestic Relations Section, together with a copy of the divorce pleading which contains that count.

CRITICALCivil cases

Applies to

Proposed temporary order

The proposed temporary order must not include a provision scheduling a hearing before the Court.

The proposed temporary order shall not contain a provision for the scheduling of a hearing before the Court.

CRITICALCivil cases

Applies to

Contempt hearing order

Every order accompanying a contempt petition and scheduling a hearing must identify the specified Prothonotary as the person from whom legal help can be obtained.

(a) Every order accompanying a petition for contempt and scheduling a hearing upon the Petition shall designate the “Prothonotary of Armstrong County, Armstrong County Courthouse, Room 103, Kittanning, PA 16201 (telephone: 724-543-2500)” as the person from whom legal help can be obtained.

CRITICALCivil cases

Applies to

Appeal petition

An appeal from a judicial act or decision of the Register of Wills must be brought by petition directed to the Court.

(a) Appeals from a judicial act or decision of the Register of Wills shall be by petition directed to the Court.

CRITICALCivil cases

Applies to

Motion

A party seeking partition by default must file a motion that specifically alleges the facts constituting the default, including pertinent dates.

A party seeking an order directing partition because of a default shall proceed under Pa.R.C.P. No. 1511(a), and shall file a motion with the Court alleging with specificity the facts constituting the default, including pertinent dates.

WARNINGCivil cases

Applies to

Petition pleading or other court paper

Headings using only the listed examples do not comply with Rule 3.2.1.

“Petition for Citation”, “Answer”, “Preliminary Objections”, and “Exceptions” are examples of headings that will not be in compliance with this Rule.

WARNINGCivil cases

Applies to

Praecipe

A party may request placement of an eligible case on the Pre-Trial Conference List by praecipe directed to the Prothonotary; for an orphans’ court matter, the Clerk of the Orphans’ Court Division delivers a copy of the filed praecipe to the Prothonotary.

(a) A case involving a civil action or an action in equity, including an appeal from compulsory arbitration and any matter triable by a judge sitting without a jury, may be placed upon the Pre-Trial Conference List upon praecipe of any party directed to the Prothonotary. A case involving an orphans’ court matter shall likewise be placed on the Pre-Trial Conference List by the Prothonotary upon delivery to the Prothonotary by the Clerk of the Orphans’ Court Division of a copy of any praecipe filed with the Clerk to cause the matter to be scheduled for a pre-trial conference.

WARNINGCivil cases

Applies to

Petition

At the hearing, the Court may further dispense with unfulfilled provisions if compliance is shown to have been unfeasible.

If not all required provisions have been complied with by the time of the hearing upon the petition, the Court may, in its discretion at the hearing, further dispense with compliance, if compliance is shown to have been unfeasible.

WARNINGCivil cases

Applies to

Answer

An answer must not contain a separate new-matter section, and no reply to such a section is required if one is included.

(c) No answer shall contain a separate section entitled or equivalent to new matter. If an answer does contain such a separate section, no reply thereto need be filed.

INFOCivil cases

Applies to

Proposed temporary order

The proposed temporary order may defer evaluations and home studies until mediation is rejected or terminated.

The proposed temporary order may provide for the deferral of evaluations and home studies until after such time as mediation is rejected or terminated.

CRITICALCivil cases

Applies to

Notice

The required notice must designate the specified Prothonotary and contact details as the source of information about legal help.

The notice required by 23 Pa.C.S. §3513(b) shall designate the “Prothonotary of Armstrong County, Room 103, Armstrong County Courthouse, Kittanning, PA 16201 (telephone: 724-548-3252)” as the person from whom information can be obtained about legal help.