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Court Rules

Court of Common Pleas of Bedford County, Pennsylvania

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Pre Trial Statement
3 pgs

Adjournments

  • Continuance motions must be written, state the reason and whether the opposing parties consent, and be presented to the Court Administrator for delivery to the judge hearing the case.
  • Previously scheduled depositions, district justice hearings, and similar matters are not grounds for a continuance absent extraordinary circumstances.
  • A continuance request based on a conflict with a matter in another court of common pleas must state which matter was scheduled first.
  • +1 more

Request must include

Reason for RequestAdversary Position
48Hoursnotice
  • A continuance request submitted less than 48 hours before the scheduled hearing will not be granted unless good cause is shown.

Communication

Phone

Clerk

814-623-4833
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

The pre-trial statement shall be no longer than three (3) pages

Page limit
Up to 3 pages

Document Format Requirements5 rules

FormattingMandatory

one (1) electronic copy in a Microsoft Word format only

FormattingMandatory

All motions must be submitted in writing.

Court's wording

(1) All motions as defined by the Pennsylvania Rules of Civil Procedure shall be in writing and shall include a scheduling order as well as a proposed order specifying the relief sought by the moving party.

FormattingMandatory

Filings cannot be accepted that are printed double sided.

FormattingMandatoryCivil cases

Only the statewide forms may be used to adjudicate an Account; local courts and clerks must accept them and may not allow other forms previously permitted by local rules.

Court's wording

These form petitions for adjudication/statements of proposed distribution are the exclusive forms for adjudicating an Account, and consequently, the local court and clerk must accept these statewide forms and may not accept or allow any other forms previously permitted under local rules.

Rule 1 99 Confidential Information and Confidential Documents · p. 2
|SectionRule 2.4. Petition for Adjudication/Statement of Proposed Distribution; Virtual Representation
FormattingImportant

The completed online Complaint Form must be printed before it is submitted to the Court.

Court's wording

If you feel you have been denied services because of the language you speak, please complete the online Complaint Form, print it, and bring it to Court Administration, or send it to the Court as indicated below:

Language Access Complaint Procedure · p. 1
|SectionLanguage Access Complaint Procedure

Document Filing Requirements141 rules

Filing RequirementsMandatory

This caption must be identical on all documents filed in your case, no matter who is filing a document.

Document
Filed document
Placement
Caption
Bedford Divorce Procedure Non Consent · p. 1
|SectionSTEP ONE: The Notice to Defend and Divorce Complaint
Filing RequirementsMandatory

The caption at the top of the forms includes the county’s name, your name, your spouse’s name, and the docket number given to you by the Prothonotary’s Office.

Placement
Caption

Include

  • Case number
Bedford Divorce Procedure Non Consent · p. 1
|SectionSTEP ONE: The Notice to Defend and Divorce Complaint
Filing RequirementsMandatory

There are two forms that must be attached to the Complaint: the “Notice to Defend and Claim Rights” must be attached on top, and the “Verification” must be attached on the bottom.

Bedford Divorce Procedure Non Consent · p. 1
|SectionSTEP ONE: The Notice to Defend and Divorce Complaint
Filing RequirementsMandatory

If service is not completed within 30 days of the date of filing, the Complaint must be reinstated using Praecipe, and re-served.

Bedford Divorce Procedure Non Consent · p. 2
|SectionSTEP TWO: Service of the Complaint.
Filing RequirementsMandatory

If timely service fails, complete and file a Praecipe to Reinstate the Complaint.

Court's wording

If you were unable to successfully serve the other party within 30 days (or within 90 days if the other party does not live in Pennsylvania), then you must complete and file the Praecipe to Reinstate the Complaint.

Bedford Divorce Procedure Non Consent · p. 2
|SectionWhat if Service isn’t made in time?
Filing RequirementsMandatory

If your spouse is not represented by counsel and is not in the military, then also complete and sign Affidavit of Non-Military Service. Make two copies.

Bedford Divorce Procedure Non Consent · p. 4
|SectionHow to Complete Step 4
Filing RequirementsMandatory

File the Affidavit Under 3301(d) and, if applicable, the Affidavit of Non-Military Service; serve the Notice without filing it and file a copy later.

Court's wording

File Affadavit Under 3301(d) and if applicable, Affidavit of Non-Military Service (the Notice of Intention to File Praecipe to Transmit Record will be served without filing, and a copy will be filed in the future). The originals stay in the Prothonotary’s Office, and the copies are returned to you for your records.

Bedford Divorce Procedure Non Consent · p. 4
|SectionHow to Complete Step 4
Filing RequirementsMandatory

Complete and sign Affidavit Under 3301(d) and Notice of Intention to File Praecipe to Transmit Record and make two copies of each.

Bedford Divorce Procedure Non Consent · p. 4
|SectionHow to Complete Step 4
Filing RequirementsMandatory

Lastly, you cannot obtain a 3301(d) divorce against an unrepresented Defendant if he/she is in the military. Therefore, if your spouse is not represented by counsel, you must also sign and file an Affidavit of Non-Military Service.

Bedford Divorce Procedure Non Consent · p. 4
|SectionSTEP FOUR: Affidavit Under 3301(d) of the Divorce Code, Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter-Affidavit, Affidavit of Non-Military Service.
Filing RequirementsMandatory

Complete Certificate of Service and mark the appropriate boxes for the documents you have mailed to your spouse. Make one copy of the Certificate of Service.

Bedford Divorce Procedure Non Consent · p. 5
|SectionHow to Complete Step 5
Filing RequirementsMandatory

File the Praecipe, Divorce Decree, and county-required forms with the Prothonotary’s Office.

Court's wording

File Praecipe to Transmit Record and Divorce Decree and any other forms required by your county in the Prothonotary’s Office. The Prothonotary’s Office will time-stamp both the originals and your copies. The originals stay in the file, and the copies will be returned to you for your records.

Bedford Divorce Procedure Non Consent · p. 6
|SectionHow to Complete Step 7
Filing RequirementsMandatory

Complete the specified Praecipe lines with the required service dates, method, pending-claims information, and attached notice copy.

Court's wording

Line 1: Strike out 3301(c). Line 2: Print the date of service and the manner of service (Acceptance, Certified Mail, or Personal Service). Line 3(b): Print the date you signed Affidavit under 3301(d) and then the date you served Affidavit under 3301(d) with blank Counter-Affidavit Under Section 3301(d) of the Divorce Code (the date on the Certificate of Service). Line 4: Print if any claims are pending, and if none, print “no claims pending.” Line 5(a): Print the date you served Notice of Intention to Request Divorce Decree and attach a copy of same to Praecipe to Transmit Record.

Bedford Divorce Procedure Non Consent · p. 6
|SectionHow to Complete Step 7
Filing RequirementsMandatory

You must provide the court with self-addressed and stamped envelopes for you and your spouse in order for the court to mail you a copy of the final divorce decree.

Bedford Divorce Procedure Non Consent · p. 6
|SectionSTEP SEVEN: Praecipe to Transmit Record and Divorce Decree
Filing RequirementsMandatory

While the divorce is pending, provide the Prothonotary’s Office two stamped envelopes, one addressed to each spouse at their current address.

Court's wording

At some point while your divorce is pending, provide the Prothonotary’s Office two stamped envelopes, one with your current address and one with your spouse’s current address, so that the Prothonotary’s Office can mail copies of your Divorce Decree once it is granted.

Bedford Divorce Procedure Non Consent · p. 6
|SectionHow to Complete Step 8
Filing RequirementsMandatory

Complete the caption of the Divorce Decree, and any other forms required by your county. Make one copy of each.

Document
Divorce decree and county required forms

Must include

  • Caption
Bedford Divorce Procedure Non Consent · p. 6
|SectionHow to Complete Step 7
Filing RequirementsMandatory

Additional forms are also required by the Court, including a proposed Divorce Decree.

Bedford Divorce Procedure Non Consent · p. 6
|SectionSTEP SEVEN: Praecipe to Transmit Record and Divorce Decree
Filing RequirementsMandatory

You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household

Filing RequirementsMandatory

File one (1) copy of the Local Rule in the Office of the Prothonotary of Bedford County and in the Bedford County Law Library for public inspection and copying.

Filing RequirementsMandatory

Publish a copy of this Local Rule on the Bedford County Court website at www.bedfordcountvpa.org

Filing RequirementsMandatory

persons who file documents that contain confidential information as defined by the Policy shall use and file the Confidential Information Form in order to comply with the Policy.

Filing RequirementsMandatory

The form shall be available in each filing office as well as the Public Records pa ge of the UIS website at http //mvw. pacou rts. us/pu bl ic-records-pol icies

Filing RequirementsMandatory

Every filed document must use an identical caption containing the county name, both spouses’ names, and the docket number.

Document
All case documents
Placement
Caption

Court's wording

The caption at the top of the forms includes the county’s name, your name, your spouse’s name, and the docket number given to you by the Prothonotary’s Office. This caption must be identical on all documents filed in your case, no matter who is filing a document.

Bedford Divorce Procedure Consent · p. 1
|SectionSTEP ONE: The Notice to Defend and Divorce Complaint
Filing RequirementsMandatory

There are two forms that must be attached to the Complaint: the “Notice to Defend and Claim Rights” must be attached on top, and the “Verification” must be attached on the bottom.

Bedford Divorce Procedure Consent · p. 1
|SectionSTEP ONE: The Notice to Defend and Divorce Complaint
Filing RequirementsMandatory

(unless you have been granted the right to proceed In Forma Pauperis, and this request would be filed with your Complaint).

Bedford Divorce Procedure Consent · p. 1
|SectionSTEP ONE: The Notice to Defend and Divorce Complaint
Filing RequirementsMandatory

If service is not completed within 30 days of the date of filing, the Complaint must be reinstated using Praecipe to Reinstate, and re-served.

Bedford Divorce Procedure Consent · p. 2
|SectionSTEP TWO: Service of the Complaint.
Filing RequirementsMandatory

The Affidavit of Service must state that the required forms were mailed by certified mail and include the original green card receipt; keep a photocopy of the card.

Court's wording

You must complete the Affidavit of Service, stating that you have mailed your spouse the required forms by certified mail. You must also attach the green card receipt received from the post office (make a photocopy of this green card for your records, and file the original by attaching it to the Affadavit of Service).

Bedford Divorce Procedure Consent · p. 2
|SectionHow to complete Step 2
Filing RequirementsMandatory

After unsuccessful service within the applicable deadline, complete and file a Praecipe to Reinstate the Complaint.

Court's wording

If you were unable to successfully serve the other party within 30 days (or within 90 days if the other party does not live in Pennsylvania), then you must complete and file the Praecipe to Reinstate the Complaint. The date you file this Praecipe re-starts the clock for service, and you will have another 30 days to serve the other party (or 90 days if the other party does not live in Pennsylvania).

Bedford Divorce Procedure Consent · p. 2
|SectionWhat if Service isn’t made in time?
Filing RequirementsMandatory

1. You (Plaintiff) complete and sign Affidavit of Consent and Waiver of Notice and make one copy of each. 2. Provide your spouse (Defendant) Affidavit of Consent and Waiver of Notice to sign. Make one copy of each

Bedford Divorce Procedure Consent · p. 4
|SectionSTEP FOUR: Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree
Filing RequirementsMandatory

Additional forms are also required by the Court, including a proposed Divorce Decree.

Bedford Divorce Procedure Consent · p. 4
|SectionSTEP FIVE: Praecipe to Transmit Record, Blank Divorce Decree and Self-Addressed Stamped Envelopes
Filing RequirementsMandatory

Complete top caption of Divorce Decree. Make one copy.

Document
Divorce decree
Placement
Caption
Bedford Divorce Procedure Consent · p. 4
|SectionSTEP FIVE: Praecipe to Transmit Record, Blank Divorce Decree and Self-Addressed Stamped Envelopes
Filing RequirementsMandatory

Complete the Praecipe to Transmit Record with the specified service, consent, claims, and waiver information, including the required line entries.

Court's wording

Line 1: Strike out 3301(d)(1). Line 2: Print the date of service and the manner of service (Acceptance, Certified Mail, or Personal Service). Line 3(a): Print the dates you and your spouse signed Affidavits of Consent Line 4: Print if any claims are pending, and if none, print “no claims pending.” Line 5(b): Print the date you and your spouse filed Waivers of Notice

Bedford Divorce Procedure Consent · p. 4
|SectionSTEP FIVE: Praecipe to Transmit Record, Blank Divorce Decree and Self-Addressed Stamped Envelopes
Filing RequirementsMandatory

You must provide the court with self-addressed and stamped envelopes for you and your spouse, in order for the court to mail you a copy of the final divorce decree.

Bedford Divorce Procedure Consent · p. 4
|SectionSTEP FIVE: Praecipe to Transmit Record, Blank Divorce Decree and Self-Addressed Stamped Envelopes
Filing RequirementsMandatory

While the divorce is pending, provide the Prothonotary’s Office two stamped envelopes addressed to you and your spouse.

Court's wording

At some point while your divorce proceeding is pending, provide the Prothonotary’s Office two stamped envelopes, one with your current address and one with your spouse’s current address, so that the Prothonotary’s Office can mail copies of your Divorce Decree once it is granted.

Bedford Divorce Procedure Consent · p. 5
|SectionSTEP SIX: Divorce Decree
Filing RequirementsMandatory

Complete the notice, make one copy, and take the original and copy to the Prothonotary’s Office to be time-stamped.

Court's wording

1. Complete Notice of Intention to Resume Prior Surname. 2. Make one copy of Notice of Intention to Resume Prior Surname. 3. File Notice of Intention to Resume Prior Surname. Take the original and one copy to the Prothonotary’s Office and have each document time-stamped. The original will stay in the file in the Prothonotary’s Office, and the copy will be returned to you for your records.

Bedford Divorce Procedure Consent · p. 6
|SectionHow to Complete a Name Change
Filing RequirementsMandatory

A true and correct copy of the Order is attached. (Provide a copy of the Order.)

Filing RequirementsMandatory

For all documents (pleadings) use the same caption:

Document
Pleading
Placement
Caption
Filing RequirementsMandatory

Respondent is (other party to the custody action who the modification is being filed against) and resides at (put down the respondent’s address. If this person is an abuse victim the list the address as confidential and write the address in the Confidential Information Form.

Filing RequirementsMandatory

The petition must state when the custody order was entered and circle the type of custody ordered.

Court's wording

Petitioner respectfully represents that on (date the custody order that you want to modify was entered) an Order of Court was entered for (circle what type of custody the court ordered) (shared legal custody) (sole legal custody) and (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody).

Filing RequirementsMandatory

The petition must provide the petitioner’s address and, if the petitioner is an abuse victim, identify the address as confidential and put it in the Confidential Information Form.

Court's wording

Petitioner is (person requesting modification of the order and completing this petition) and resides at (put down the petitioner’s address. If this person is an abuse victim as defined by the Public Access Policy, then list the address as confidential and write the address in the Confidential Information Form).

Filing RequirementsMandatory

The petition must include the stated certification of compliance with Pennsylvania’s Public Access Policy.

Court's wording

I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non- confidential information and documents.

Filing RequirementsMandatory

Date Petitioner’s signature (sign)

Document
Petition for modification of custody order
Placement
Signature block
Filing RequirementsMandatory

I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Filing RequirementsMandatory

The Order should be modified because: (Provide reasons why you want the custody order modified. If describing the child(ren) use only initials, not the child(ren)’s name).

Filing RequirementsMandatory

The Confidential Information Form should include any confidential addresses, child(ren)’s names and dates of birth.

Instructions for Petition for Modification of Custody Order · p. 2
|SectionIII. COMPLETE THE CONFIDENTIAL INFORMATION FORM
Filing RequirementsMandatory

The petitioner must complete and attach the Criminal Record/Abuse History Verification form.

Court's wording

Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2. (complete and attached this form, for more instructions on this form read “Instructions On Completing Custody Documents.”)

Filing RequirementsMandatory

WHEREFORE, Petitioner requests that the Court modify the existing Order because it will be in the best interest of the child(ren).

Filing RequirementsMandatory

If you or a member of your household was convicted of one the crimes listed or found to have abused someone then list any evaluation, counseling or other treatment you or the member of your household received following the conviction or finding of abuse.

Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

Provide the criminal or abuse history of the other party.

Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

Check whether you or a member of your household has been involved in abusive conduct as defined in the Protection From Abuse Act or similar statute in another state and the date.

Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

If there is any confidential information, complete the Confidential Information form.

Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

Check whether you or a household member have been convicted, pled guilty or no contest or have pending charges to the listed crime, give the date and the sentence.

Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

Provide your household member’s name, date of birth and relationship to the child(ren) IF the household member was convicted of any of the crimes on the list.

Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

Sign the Certification and Verification.

Document
Criminal history and abuse verification

Include

  • Sign the Certification and Verification
Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

Check whether Children and Youth Services or a similar agency has been involved with you or a member of your household, when that involvement occurred, and whether there was a finding of abuse.

Instructions for Petition for Modification of Custody Order · p. 3
|SectionIV. Complete the CRIMINAL HISTORY AND ABUSE VERIFICATION.
Filing RequirementsMandatory

The petition should identify the requested custody type and list each child’s initials, present residence unless confidential, and age.

Court's wording

Proposed intervenor seeks (check what type of custody you are requesting) (shared legal custody) (sole legal custody) and (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the following child(ren): • List the initials of the child(ren), their present residence (unless confidential), and their age. (These are the children that you are asking for custody of).

Instructions for Completing Petition to Intervene and Modify · p. 1
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

For all documents (pleadings) use the same caption:

Document
Pleading
Placement
Caption
Filing RequirementsMandatory

The petition should state the defendant’s name, address unless confidential, and relationship to the children.

Court's wording

The defendant is (put the other party’s name here) residing at (put the other party’s address here, unless confidential). The defendant’s relationship to the child(ren) who is/are the subject of this action is (put the relationship here, for example, father).

Instructions for Completing Petition to Intervene and Modify · p. 1
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

The petition should state the plaintiff’s name, address unless confidential, and relationship to the children.

Court's wording

The plaintiff is (put the name of the person who filed the action here) residing at (put his/her address here, unless confidential). The plaintiff’s relationship to the child(ren) who is/are the subject of this action is (put the relationship here, for example, mother).

Instructions for Completing Petition to Intervene and Modify · p. 1
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

The petition should state the proposed intervenor’s name, address unless confidential, and relationship to the children.

Court's wording

The proposed intervenor(s) is/are (put your name(s) here) residing at (put your address here, unless confidential). The proposed intervenor(s) relationship to the child(ren) who is/are the subject of this action is/are (put your relationship to the children, for example, grandparent).

Instructions for Completing Petition to Intervene and Modify · p. 1
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

II. Complete the PETITION TO INTERVENE AND MODIFY. DO NOT INCLUDE CONFIDENTIAL INFORMATION*

Instructions for Completing Petition to Intervene and Modify · p. 1
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

The petition should identify one of the listed grounds for the proposed intervenor’s standing.

Court's wording

Proposed intervenor has standing to intervene in this custody proceedings because (choose one of following): (In order to become part of the custody action, you must have standing, a right to make a legal claim or seek judicial enforcement of a duty or right, select one of the follow that demonstrates how you have standing to intervene in the action- either 1, 2, 3, 4, or 5.

Instructions for Completing Petition to Intervene and Modify · p. 2
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

8. Proposed intervenor has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. No. 1915.3-2.

Instructions for Completing Petition to Intervene and Modify · p. 3
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

Sign the verification.

Document
Verification

Include

  • Sign the verification
Instructions for Completing Petition to Intervene and Modify · p. 3
|SectionII. Complete the PETITION TO INTERVENE AND MODIFY
Filing RequirementsMandatory

Complete any other information that was listed as “confidential” in the pleading. If the address is listed as “confidential” write the address in this section, unless the other party does not know this address and you are requesting that the address remain confidential, then complete the Abuse Victim Addendum which will only be provided to the Court.

Instructions for Completing Petition to Intervene and Modify · p. 4
|SectionIV. Complete the CONFIDENTIAL INFORMATION FORM (FORM)

Filing & Service rules

Electronic Filing Rules

The District Court Administrator must email one copy of the Order and Local Rule to the Administrative Office of Pennsylvania Courts.

File one (1) copy of this Order and the Local Rule with the Administrative Office of Pennsylvania Courts via e-mail to adminrules@pacourts.us.

Page 1 | ORDER OF COURT

The District Court Administrator must send two paper copies and one electronic copy of the Order and Local Rule to the Legislative Reference Bureau.

File two (2) paper copies of this Order and the Local Rule and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

Page 1 | ORDER OF COURT

Forms may not be submitted electronically.

Forms cannot be submitted electronically.

Page 1 | Court Forms/Local Rules

Applications may be filed through E-Services without the petitioner appearing in person or providing a physical signature.

Any and all applications filed at the Bedford County Domestic Relations Office through E-Services shall be accepted without requiring the petitioner's personal attendance at the Domestic Relations Office, nor a physical signature.

Civil cases

Page 2 | IN RE: CHANGE IN DOMESTIC RELATIONS OFFICE POLICY DURING JUDICIAL EMERGENCY FROM COVID-19

Declarations of emergency, extensions, and associated local orders may be transmitted by email to the listed address.

For convenience, declarations of emergency, extensions, and associated local orders may be transmitted via electronic mail to: lrene.Bizzoso@pacourts.us.

Page 2 | CESSATION OF STATEWIDE JUDICIAL EMERGENCY AFTER JUNE 1, 2020

Filing Timing and Cure Windows

Separation before filing counts toward the required period, and if the full period has already elapsed, you may proceed immediately after filing and serving the notice and complaint.

IF THE PARTIES WERE SEPARATED FOR A TIME PERIOD BEFORE THE FILING OF THE COMPLAINT, THAT TIME IS INCLUDED IN THE APPLICABLE TIME OF SEPARATION REQUIREMENT. THEREFORE, IF YOU HAVE ALREADY BEEN SEPARATED FOR THE APPLICABLE TIME PERIOD AS DEFINED ABOVE WHEN YOU INITIALLY FILED, YOU MAY PROCEED WITH A 3301(d) DIVORCE IMMEDIATELY AFTER FILING AND SERVING THE NOTICE TO DEFEND AND DIVORCE COMPLAINT.

Page 3 | STEP THREE: Wait the applicable time period.

If separation began on or after December 5, 2016, the parties must live separate and apart for one year before filing the divorce complaint.

If the period of separation from your spouse began on or after December 5, 2016, you will need to be living separate and apart from your spouse for a period of ONE YEAR, before filing your complaint in divorce.

Page 3 | STEP THREE: Wait the applicable time period.

If separation began before December 5, 2016, the parties must live separate and apart for two years before filing the divorce complaint.

If the period of separation from your spouse began before December 5, 2016, you are required to be living separate and apart from your spouse for a period of TWO YEARS, before filing your complaint in divorce.

Page 3 | STEP THREE: Wait the applicable time period.

After the separation period has elapsed and the required affidavit is filed, a divorce may be entered after notice is given to the other party.

Once the parties have been separated for the applicable time period and you have filed an Affidavit stating that you have been separated for the applicable time period, then a divorce may be entered after notice is given to the other party.

Page 4 | STEP FOUR: Affidavit Under 3301(d) of the Divorce Code, Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter-Affidavit, Affidavit of Non-Military Service.

Wait 20 days after serving the Notice of Intention before filing the Praecipe to Transmit Record.

The Pennsylvania Rules of Civil Procedure require that twenty (20) days elapse between serving the Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code and filing the Praecipe to Transmit Record.

Page 5 | STEP SIX: Wait 20 days after service of the Affidavit Under Section 3301(d) of the Divorce Code with blank Counter-Affidavit Under Section 3301(d) of the Divorce Code.

The verification must be filed by the initial in-person contact with the court and no later than 30 days after service of the complaint or petition.

You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.

Page 1 | ORDER OF COURT

The District Court Administrator must compile the Local Rule into the complete set of Local Rules within 30 days after it becomes effective.

thereafter compile this Local Rule of Judicial Administration within the complete set of Local Rules no later than thirly (30) days after the Local Rule becomes effective.

Page 1 | ORDER OF COURT

The local rule becomes effective 30 days after publication in the Pennsylvania Bulletin.

adopts the attached Local Rule of ludicial Administration 510 to become eftective thirty (30) days after publication in the Pennsylvania Bulletin.

Page 1 | ORDER OF COURT

After 90 days have passed from service, both parties may file an Affidavit of Consent if they agree to the divorce.

Affidavit of Consent: After ninety (90) days have passed from the date the Complaint was served upon the other spouse and both parties agree to the divorce, both parties may file an Affidavit of Consent, declaring that they consent to the divorce.

Page 3 | STEP FOUR: Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree

File the Affidavit of Consent within 30 days after it is signed and dated; otherwise, it must be signed and filed again.

The Affidavit of Consent must be filed within thirty (30) days after it is signed and dated. If the parties do not file their Affidavit of Consent within thirty days of the date it was signed, the Affidavit of Consent must be re-signed and re-filed.

Page 3 | STEP FOUR: Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree

Wait 90 calendar days from service before proceeding, counting the date the Defendant is served as day one.

You must wait ninety (90) calendar days from the date Notice to Defend and Divorce Complaint is served (see Step Two). The date Defendant is served is Day 1 of 90.

Page 3 | STEP THREE: Wait 90 Days from the Date the Notice to Defend and Divorce Complaint were Served

File both signed Affidavits of Consent and Waivers of Notice with the Prothonotary’s Office within 30 days of signing.

File both signed Affidavits of Consent and Waivers of Notice with the Prothonotary’s Office within 30 days of the date they are signed. The Prothonotary’s Office will time-stamp the original and copies. The originals will stay in your file in the Prothonotary’s Office and the copies will be returned to you for your records.

Page 4 | STEP FOUR: Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree

The parties must file a concise pre-trial statement at least seven days before the scheduled pre-trial conference.

When a pre-trial conference has been scheduled pursuant to Local Rule 212.7, the parties shall file a concise pre-trial statement no later than seven (7) days before the date of the pre-trial conference.

Page 3 | Rule 212.8. Pre-Trial Conference

Briefs on preliminary objections must be filed no later than seven days before argument.

Briefs shall be filed no later than seven (7) days prior to the date of argument.

Page 4 | Rule 1028(c). Preliminary Objections

A written objection must be docketed before the general call to avoid dismissal of an inactive civil matter under this provision.

If no action is taken or no written objection is docketed in such a matter prior to the commencement of the general call, the Prothonotary shall strike the matter from the list and enter an order as of course dismissing the matter with prejudice for failure to prosecute, under the provisions of this rule.

Page 9 | Rule 1901. Termination of Inactive Cases

The verification must be filed by the initial in-person court contact and no later than 30 days after service of the complaint or petition.

You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.

Page 1 | ORDER OF COURT

Time calculations and deadlines for court cases and judicial business are suspended during the judicial emergency, subject to constitutional restrictions.

A. Time calculations for the purposes of time computation relevant to court cases or other judicial business, as well as time deadlines, are suspended, subject to constitutional restrictions;

Page 2 | 2.A

The operation of Rule of Criminal Procedure 600 is suspended during the judicial emergency.

B. The operation of Rule of Criminal Procedure 600 shall be suspended;

Page 2 | 2.B

Unless otherwise indicated in the order or the March 18 Order, time calculations and deadlines are suspended through April 30, 2020, subject to additional orders; existing President Judge suspensions overlap, and longer appellate or local court suspensions remain in effect on their own terms.

Unless otherwise indicated herein or in the March 18 Order, all time calculations for purposes of time computation relevant to court cases or other judicial business, as well as time deadlines, ARE NOW SUSPENDED through April 30, 2020, subject to additional orders. This suspension SHALL OVERLAP with suspensions already granted by any President Judge, and any longer suspensions directed by an appellate or local court shall remain extant on their own terms.

Page 3 | Time Limitations and Deadlines

Legal papers or pleadings due between March 19 and April 30, 2020, are deemed timely if filed by May 1, 2020, or by a later date permitted by the applicable appellate or local court.

In all events, any legal papers or pleadings which are required to be filed between March 19, 2020, and April 30, 2020, SHALL BE DEEMED to have been timely filed if they are filed by May 1, 2020, or on a later date as permitted by the appellate or local court in question.

Page 3 | Time Limitations and Deadlines

The statewide judicial-emergency period through April 30, 2020, is excluded from Rule 600(C)'s time calculation, without affecting a criminal defendant's constitutional speedy-trial right.

Extending the prior directive from the March 18 Order, Rule of Criminal Procedure 600(C) is hereby SUSPENDED in all judicial districts at least through April 30, 2020. The purport of this directive is that the time period of the statewide judicial emergency and continuing through April 30, 2020, SHALL BE EXCLUDED from the time calculation under Rule 600(C). Nothing in this Order, however, or its local implementation, shall affect a criminal defendant's right to a speedy trial under the United States and Pennsylvania Constitutions – albeit that the circumstances giving rise to this Order and the suspension may be relevant to the constitutional analysis.

Page 7 | Prompt Trials

The verification is due by the initial in-person court contact and no later than 30 days after service of the complaint or petition.

You must file with the court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.

Page 1 | ORDER OF COURT

When service is difficult, a Praecipe to Reinstate the Complaint may be filed repeatedly, and the clock starts on the day it is time-stamped.

If you are having trouble completing service, you may file a Praecipe to Reinstate the Complaint, as many times as you need. The clock starts from the day it is time-stamped in the Prothonotary’s Office.

Page 3 | STEP TWO: Service of the Complaint

If the other party does not oppose the divorce or raise additional claims, no action on the Counter-Affidavit is needed, and a decree may issue after the Praecipe to Transmit Record is filed.

If the other party does not oppose the divorce and does not wish to raise additional claims, they do not need to take any action on the Counter- Affidavit. If this is the case, a Divorce Decree may be issued after filing the Praecipe to Transmit Record.

Page 4 | STEP FOUR: Affidavit Under 3301(d) of the Divorce Code, Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter-Affidavit, Affidavit of Non-Military Service.

If service is difficult to complete, you may repeatedly file a Praecipe to Reinstate the Complaint, and the clock starts on the date it is time-stamped.

If you are having trouble completing service, you may file a Praecipe to Reinstate the Complaint, as many times as you need. The clock starts from the day it is time-stamped in the Prothonotary’s Office.

Page 3 | STEP TWO: Service of the Complaint

Each party may file a Waiver of Notice, and if both do so, either party may immediately file a Praecipe to Transmit Record.

Waiver of Notice: In addition to signing and filing an Affidavit of Consent, each party may sign and file a Waiver of Notice. If both parties sign and file a Waiver of Notice, then either party may immediately file a Praecipe to Transmit Record and have the file go to a Judge.

Page 3 | STEP FOUR: Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree

Once both parties’ Affidavits of Consent and Waivers of Notice are filed, either party may file a Praecipe to Transmit Record with the court.

Upon the filing of both parties’ Affidavits of Consent and Waivers of Notice, the divorce may be concluded by either party filing with the court a Praecipe to Transmit Record.

Page 4 | STEP FIVE: Praecipe to Transmit Record, Blank Divorce Decree and Self-Addressed Stamped Envelopes

Filing a motion for reconsideration does not toll the appeal period unless the court grants it before that period expires.

The period for filing an appeal is not tolled by the filing of a motion for reconsideration unless the court grants the motion for reconsideration prior to the expiration of the appeal period.

Civil cases

Page 8 | Rule 8.2. Motions for Reconsideration

After filing the Complaint, the Praecipe to resume a prior surname may be filed before or after the final Divorce Decree is granted.

Upon the filing of a Complaint, you may resume your birth surname by filing a Praecipe with the Prothonotary’s Office (Notice of Intention to Resume Prior Surname). This form can be filed either before or after the granting of a final Divorce Decree.

Page 7 | HOW TO FILE A NOTICE OF INTENTION TO RESUME PRIOR SURNAME

The Notice of Intention to Resume Prior Surname may be filed before or after the final Divorce Decree is granted.

This form can be filed either before or after the granting of a final Divorce Decree.

Page 6 | HOW TO FILE A NOTICE OF INTENTION TO RESUME PRIOR SURNAME:

Interlocutory orders may be reconsidered at any time while the proceeding is pending.

Interlocutory orders may be reconsidered anytime during the pendency of the proceeding.

Civil cases

Page 8 | Rule 8.2. Motions for Reconsideration

Service and Proof of Service Rules

Form 3c: Personal Service – An adult, other than you, (such as a relative of yours, an employee, co-worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

Form 3c: Personal Service – An adult, other than you, (such as a relative of yours, an employee, co-worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

Page 2 | How to complete Step 2

Filing the Praecipe restarts the service period, providing 30 days to serve or 90 days if the other party lives outside Pennsylvania.

The date you file this Praecipe re-starts the clock for service, and you will have another 30 days to serve the other party (or 90 days if the other party does not live in Pennsylvania).

Page 2 | What if Service isn’t made in time?

For acceptance of service, give the other party the Notice to Defend and Divorce Complaint, and have the other party sign the Acceptance of Service acknowledging receipt.

Form 3a: Acceptance of Service - Give the other party Notice to Defend and Divorce Complaint. After being given Notice to Defend and Divorce Complaint, the other party signs the Acceptance of Service, stating that he/she has received a copy of Notice to Defend and Divorce Complaint.

Page 2 | How to complete Step 2

Serve the Notice to Defend, Complaint, and Verification within 30 days after filing, or within 90 days if the other party lives outside Pennsylvania.

After filing the Notice to Defend, Complaint and Verification, these documents must be served on the other party within thirty (30) days of the date they were filed (the date time- stamped on the document). If the other party does not live in Pennsylvania, the time requirement is extended to ninety (90) days.

Page 2 | STEP TWO: Service of the Complaint.

If certified mail is returned unclaimed, use another form of service.

If the certified mail is returned unclaimed, another form of service must be used.

Page 2 | How to complete Step 2

Serve the documents by personal service, acceptance of service, or certified mail with return receipt requested and restricted delivery.

Service of the Notice to Defend, Complaint and Verification must be made either by Personal Service, by Acceptance of Service, or by Certified Mail return receipt requested, restricted delivery.

Page 2 | STEP TWO: Service of the Complaint.

For service by mail, use certified mail with return receipt requested and restricted delivery, complete an Affidavit of Service, and attach the original green card receipt to it.

Form 3b: Service by Mail - Mail Notice to Defend and Divorce Complaint to the other party by certified mail, return receipt requested, restricted delivery (the post office can assist you in mailing a document by certified mail). You must complete the Affidavit of Service, stating that you have mailed your spouse the required forms by certified mail. You must also attach the green card receipt received from the post office (make a photocopy of this green card for your records, and file the original by attaching it to the Affadavit of Service).

Page 2 | How to complete Step 2

File the Acceptance of Service or Affidavit of Service with the Prothonotary’s Office and have the original and one copy time-stamped.

File either Acceptance of Service or Affadavit of Service (whichever method you chose to serve the other party) with the Prothonotary’s Office. Take the original and one copy to the Prothonotary’s Office and have each document time-stamped. The original will stay in the file in the Prothonotary’s Office and the copy will be returned to you for your records.

Page 3 | STEP TWO: Service of the Complaint

You may not proceed until proper service has been made.

You may not proceed until proper service has been made.

Page 3 | STEP TWO: Service of the Complaint

In addition to filing and serving the Affidavit Under Section 3301(d) of the Divorce Code, with a blank Counter-Affidvait Under Section 3301 (d) of the Divorce Code. You must also serve the other party with a Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code in order for them to have the opportunity to oppose the divorce or raise claims if they choose to do so.

In addition to filing and serving the Affidavit Under Section 3301(d) of the Divorce Code, with a blank Counter-Affidvait Under Section 3301 (d) of the Divorce Code. You must also serve the other party with a Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code in order for them to have the opportunity to oppose the divorce or raise claims if they choose to do so.

Page 4 | STEP FOUR: Affidavit Under 3301(d) of the Divorce Code, Notice of Intention to Request Entry of Section 3301(d) Divorce Decree and Counter-Affidavit, Affidavit of Non-Military Service.

All required forms must be properly served to complete a 3301(d) divorce.

A 3301(d) divorce cannot be completed without proper service of all the required forms.

Page 5 | STEP FIVE: Service of the Affidavit Under 3301(d) of the Divorce Code, Notice of Intention to Request Entry of Section 3301(d) Divorce Decree with Counter-Affidavit, and Affidavit of Non-Military Service.

Serve the Notice of Intention to File the Praecipe to Transmit Record 20 days after serving the defendant with the Affidavit and blank Counter-Affidavit.

Twenty (20) days after serving the defendant with the Affidavit under Section 3301(d) of the Divorce Code with blank Counter-Affidavit, serve the Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code.

Page 5 | STEP SIX: Wait 20 days after service of the Affidavit Under Section 3301(d) of the Divorce Code with blank Counter-Affidavit Under Section 3301(d) of the Divorce Code.

Mail the specified divorce documents to your spouse by certified mail, return receipt requested, with restricted delivery.

Mail a copy of the Affadavit under 3301(d), a blank Counter-Affidavit, and, if applicable, a copy of Affidavit of Non-Military Service by certified mail, return receipt requested, restricted delivery (the post office can assist you in mailing a document by certified mail) to your spouse.

Page 5 | How to Complete Step 5

File Certificate of Service. The Prothonotary’s Office will time-stamp the original and copy. The original stays in your file, and the copy is returned to you for your records.

File Certificate of Service. The Prothonotary’s Office will time-stamp the original and copy. The original stays in your file, and the copy is returned to you for your records.

Page 5 | How to Complete Step 5

Serve the Notice to Defend, Complaint, and Verification within 30 days of filing, with the filing date determined by the document’s time stamp.

After filing the Notice to Defend, Complaint and Verification, these documents must be served on the other party within thirty (30) days of the date they were filed (the date time- stamped on the document). If the other party does not live in Pennsylvania, the time requirement is extended to ninety (90) days.

Page 2 | STEP TWO: Service of the Complaint.

If certified mail is returned unclaimed, use another form of service.

If the certified mail is returned unclaimed, another form of service must be used.

Page 2 | How to complete Step 2

The documents may be served by personal service, acceptance of service, or certified mail with return receipt requested and restricted delivery.

Service of the Notice to Defend, Complaint and Verification must be made either by Personal Service, by Acceptance of Service, or by Certified Mail return receipt requested, restricted delivery.

Page 2 | STEP TWO: Service of the Complaint.

Personal Service – An adult, other than you, (such as a relative of yours, an employee, co- worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

Personal Service – An adult, other than you, (such as a relative of yours, an employee, co- worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

Page 2 | How to complete Step 2

For mail service, use certified mail with return receipt requested and restricted delivery, and file the required service affidavit and original green card receipt.

Service by Mail - Mail Notice to Defend and Divorce Complaint to the other party by certified mail, return receipt requested, restricted delivery (the post office can assist you in mailing a document by certified mail). You must complete the Affidavit of Service, stating that you have mailed your spouse the required forms by certified mail. You must also attach the green card receipt received from the post office (make a photocopy of this green card for your records, and file the original by attaching it to the Affadavit of Service).

Page 2 | How to complete Step 2

For acceptance of service, give the other party the Notice to Defend and Divorce Complaint and have them sign an Acceptance of Service confirming receipt.

Acceptance of Service - Give the other party Notice to Defend and Divorce Complaint. After being given Notice to Defend and Divorce Complaint, the other party signs the Acceptance of Service, stating that he/she has received a copy of Notice to Defend and Divorce Complaint.

Page 2 | How to complete Step 2

Filing the Praecipe to Reinstate restarts the service clock and gives 30 days to serve the other party.

If you were unable to successfully serve the other party within 30 days (or within 90 days if the other party does not live in Pennsylvania), then you must complete and file the Praecipe to Reinstate the Complaint. The date you file this Praecipe re-starts the clock for service, and you will have another 30 days to serve the other party (or 90 days if the other party does not live in Pennsylvania).

Page 2 | What if Service isn’t made in time?

File the Acceptance of Service or Affidavit of Service with the Prothonotary’s Office, bringing the original and one copy for time-stamping.

File either Acceptance of Service or Affadavit of Service (whichever method you chose to serve the other party) with the Prothonotary’s Office. Take the original and one copy to the Prothonotary’s Office and have each document time-stamped. The original will stay in the file in the Prothonotary’s Office and the copy will be returned to you for your records.

Page 3 | STEP TWO: Service of the Complaint

You may not proceed with the divorce process until proper service has been made.

You may not proceed until proper service has been made.

Page 3 | STEP TWO: Service of the Complaint

The Form must be served with the pleading on the other party or their attorney.

You must serve the Form, along with the pleading, on the other party or their attorney.

Page 5 | INSTRUCTIONS FOR COMPLETING PETITION TO INTERVENE AND MODIFY

Counsel or a self-represented moving party must notify all opposing counsel of record and self-represented parties.

Counsel or the moving party, if pro se, shall provide notice to all opposing counsel of record and pro se parties.

Page 2 | Rule 208.3(a). Motions Procedure

Within the Commonwealth, original process in equity, partition, and prevent-waste actions must be served by the Sheriff or a competent adult.

With respect to all actions filed in Bedford County, Pennsylvania, original process be served within the Commonwealth: (i) by the Sheriff or a competent adult in the actions in equity, partition, prevent waste and (ii) by the Sheriff in all other actions.

Page 4 | Rule 400.1. Service of Process

For an ordinary transcript, the requester must file the original request with the district court administrator and serve copies on the presiding judge, reporter or transcriptionist, and opposing counsel or unrepresented opposing party.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the district court administrator. The requesting party shall also serve copies of the formal request to: (1) the judge presiding over the matter; (2) the court reporter or transcriptionist; (3) opposing counsel, but if not represented, the opposing party.

Page 9 | Rule 4007.1 Requests for Transcripts

If the notice includes a service list, the objector must mail the objections to every person on that list.

Explanatory Comment: If the notice received by the objector has a service list appended to it setting forth the name and address of each interested party who received the notice under Rule 2.5, the objector must mail his or her objections to every name and address appearing on the service list.

Civil cases

Page 3 | Rule 2.7. Objections to Accounts or Petitions for Adjudication/Statements of Proposed Distribution

A sheriff is not required to serve the clerk-issued citation; any adult may serve it, and proof of service must be filed.

A sheriff does not need to serve the citation issued by the clerk; instead, any adult person may serve the citation and file the proof of service in accordance with subparagraph (a)(7) of this Rule 3.5.

Civil cases

Page 4 | Rule 3.5. Mode of Proceeding on Petition

The requesting party must serve the formal transcript request on the presiding judge, the court reporter or transcriptionist, and opposing counsel or, if unrepresented, the opposing party.

The requesting party shall also serve copies of the formal request to: - (1) the judge presiding over the matter; - (2) the court reporter or transcriptionist; - (3) opposing counsel, but if not represented, the opposing party.

Page 1 | Rule 4007.1 Requests for Transcripts

If the forms are filed without mistakes, the Divorce Decree will be mailed to both parties.

The Divorce Decree will be mailed to both parties after filing the above forms, presuming there are no mistakes.

Page 5 | STEP SIX: Divorce Decree

Filing Fees and Waivers

A filing fee is required unless the court has granted In Forma Pauperis status, which is requested with the Complaint.

You must pay the Prothonotary’s Office a filing fee (unless you have been granted the right to proceed In Forma Pauperis, and this request would be filed with your Complaint).

Page 1 | STEP ONE: The Notice to Defend and Divorce Complaint

A filing fee must be paid unless the filer has been granted In Forma Pauperis status.

You must pay the Prothonotary’s Office a filing fee (unless you have been granted the right to proceed In Forma Pauperis, and this request would be filed with your Complaint).

Page 1 | STEP ONE: The Notice to Defend and Divorce Complaint

A transcript requester must pay 50% of the estimated cost in advance, payable to Bedford County and delivered to the district court administrator; payment must be by certified funds or from counsel’s office, and cash is not accepted.

(1) the litigant ordering a transcript shall make partial payment of 50% of the estimated transcript cost. Deposit payments are to be made payable to Bedford County and shall be delivered to the district court administrator. All payments shall be in the form of certified funds or directly from the office of counsel. Cash shall NOT be accepted by the district court administrator’s office.

Page 9 | Rule 4007.1 Requests for Transcripts

The final transcript balance must be paid to Bedford County through the district court administrator before the original is filed and copies are made available.

(4) upon payment of any balance owed, the court reporter or transcriptionist shall deliver the original transcript to the district court administrator for filing with copies for distribution to the requesting party and any other parties who may have requested copies. Payment for the final balance shall be made payable to Bedford County and shall be delivered to the district court administrator who will forward it to the Finance Department. Copies of the transcript and filing of the original will be made upon payment in full.

Page 10 | Rule 4007.1 Requests for Transcripts

For a litigant who establishes economic hardship, transcript costs must be waived or adjusted when the matter is on appeal or the transcript is necessary to advance litigation; otherwise, reasonable need must be shown.

In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate reasonable need before the court shall waive or adjust the cost of obtaining the transcript.

Page 10 | Rule 4007.1 Requests for Transcripts

Same-day delivery of an electronic transcript costs $6.50 per page if the court reporter is able to accommodate the request, for a requesting party other than the Commonwealth or its subdivisions.

(d) for same day delivery, $6.50 per page, if the court reporter is able to accommodate.

Page 10 | Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

An ordinary transcript in electronic format costs $2.50 per page for a requesting party other than the Commonwealth or its subdivisions.

(a) for an ordinary transcript, $2.50 per page;

Page 10 | Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

An expedited transcript in electronic format costs $3.50 per page if the court reporter is able to accommodate the request, for a requesting party other than the Commonwealth or its subdivisions.

(b) for an expedited transcript, $3.50 per page, if the court reporter is able to accommodate;

Page 10 | Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

A daily transcript in electronic format costs $4.50 per page if the court reporter is able to accommodate the request, for a requesting party other than the Commonwealth or its subdivisions.

(c) for a daily transcript, $4.50 per page, if the court reporter is able to accommodate; and

Page 10 | Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

A transcript prepared in bound paper format incurs a $0.25-per-page surcharge in addition to the applicable electronic-format rate.

(2) When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.

Page 10 | Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof

Ordinary transcript costs must be reduced by one-half for qualifying litigants whose income is below 200 percent of the poverty line.

Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be reduced by one-half for a litigant whose income is less than 200 percent of the poverty line as defined by the HHS poverty guidelines for the current year.

Page 11 | Economic hardship – minimum standards

Ordinary transcript costs must be waived for qualifying litigants whose income is below 125 percent of the poverty line or who are permitted to proceed in forma pauperis.

Transcript costs for ordinary transcripts in matters under appeal or where the transcript is necessary to advance the litigation shall be waived for a litigant who has been permitted by the court to proceed in forma pauperis or whose income is less than 125 percent of the poverty line as defined by the U.S. Department of Health and Human Services (HHS) poverty guidelines for the current year.

Page 11 | Economic hardship – minimum standards

The order provides that the petitioner may be required to pay a percentage of court costs and fees.

Petitioner shall proceed by paying percent of the Court costs and fees.

Page 1 | ORDER OF COURT

Court costs and fees shall be waived.

Court costs and fees shall be waived.

Page 1 | ORDER OF COURT

A litigant ordering a transcript must pay a 50% deposit to Bedford County through the district court administrator; private parties must pay by money order, and the administrator’s office will not accept cash.

(1) the litigant ordering a transcript shall make partial payment of 50% of the estimated transcript cost. Deposit payments are to be made payable to Bedford County and shall be delivered to the district court administrator. Payment by private parties shall be made by money order. Cash shall NOT be accepted by the district court administrator's office.

Page 1 | Rule 4007.1 Requests for Transcripts

For a litigant claiming economic hardship, transcript costs must be waived or adjusted when the matter is on appeal or the transcript is necessary to advance litigation; otherwise, the requesting party must demonstrate reasonable need.

When a litigant requests a transcript, but cannot pay for the transcript because of alleged economic hardship, the court shall determine economic hardship pursuant to the procedure set forth in Rule 4008(B). In cases of economic hardship, where the matter is under appeal or a transcript is necessary to advance the litigation, the costs of procuring the transcript shall be waived or otherwise adjusted by the court. In cases of economic hardship where there is no appeal pending or there exists no obvious need for the transcript to advance the litigation, the requesting party must demonstrate reasonable need before the court shall waive or adjust the cost of obtaining the transcript.

Page 2 | Rule 4007.1 Requests for Transcripts

The final transcript balance must be paid to Bedford County through the district court administrator, and the transcript will be filed and copies distributed only after full payment.

(4) upon payment of any balance owed, the court reporter or transcriptionist shall deliver the original transcript to the district court administrator for filing with copies for distribution to the requesting party and any other parties who may have requested copies. Payment for the final balance shall be made payable to Bedford County and shall be delivered to the district court administrator who will forward it to the Finance Department. Copies of the transcript and filing of the original will be made upon payment in full.

Page 2 | Rule 4007.1 Requests for Transcripts

A requesting party other than the Commonwealth or its subdivision must pay $2.50 per page for an ordinary transcript in electronic format.

Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof ## (A) Costs (1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall be: (a) for an ordinary transcript, $2.50 per page;

Page 2 | Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof — (A) Costs

A requesting party other than the Commonwealth or its subdivision must pay $3.50 per page for an expedited transcript in electronic format if the court reporter can accommodate the request.

Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof ## (A) Costs (1) The costs payable by a requesting party, other than the Commonwealth or a subdivision thereof, for a transcript in an electronic format shall be: (b) for an expedited transcript, $3.50 per page, if the court reporter is able to accommodate;

Page 2 | Rule 4008.1 Transcript Costs Payable by a Requesting Party Other Than the Commonwealth or a Subdivision Thereof — (A) Costs

An additional fee is associated with filing the Notice of Intention to Resume Prior Surname.

There is a small additional fee associated with filing this form.

Page 7 | HOW TO FILE A NOTICE OF INTENTION TO RESUME PRIOR SURNAME

Filing the Notice of Intention to Resume Prior Surname requires an additional fee.

There is a small additional fee associated with filing this form.

Page 6 | HOW TO FILE A NOTICE OF INTENTION TO RESUME PRIOR SURNAME:

The requesting party or party required to file the transcript is responsible for its cost, but no party is assessed costs for a court-initiated transcript.

The requesting party, or party required by general rule to file a transcript, shall be responsible for the cost of the transcript. Costs shall not be assessed against any party for transcripts prepared at the initiation of the court.

Page 11 | Assignment and allocation of transcripts costs

A bound paper copy of a previously ordered, transcribed, and filed transcript costs $0.75 per page.

$0.75 per page bound, paper format; and,

Page 11 | Copies of transcript

An electronic copy of a previously ordered, transcribed, and filed transcript costs $0.50 per page.

$0.50 per page electronic copy.

Page 11 | Copies of transcript

The court may waive specified transcript costs for parties who meet the economic-hardship criteria and show good cause.

Transcript costs for ordinary transcripts in matters that are not subject to an appeal, where the transcript is not necessary to advance the litigation, or for expedited, daily, rough draft or same day transcripts may be waived at the court’s discretion for parties who qualify for economic hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.

Page 11 | Economic hardship – minimum standards

A trial judge may, at their discretion, impose a reasonable surcharge in specified or similarly complex cases when court reporters must significantly expand their dictionary.

A trial judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for court reporters to significantly expand their dictionary. Such surcharges are at the discretion of the trial judge.

Page 11 | Additional Costs

When multiple parties request or are required to file a transcript, its cost must be divided equally among them.

When more than one party requests the transcript, or are required by general rule to file the transcript, the cost shall be divided equally among the parties.

Page 11 | Allocation of costs

Sealing & Redaction Procedures

A court may adopt a rule or order allowing a document to be filed in redacted and unredacted versions instead of using the Confidential Information Form.

In lieu of the Confidential Information Form, Section 7.0(C) of the Policy provides for a court to adopt a rule or order permitting the filing of a document in two versions, a “Redacted Version” and an “Unredacted Version.”

Civil cases

Page 1 | Rule 1.99. Confidential Information and Confidential Documents. Certification

Adjournment & Extension Requirements

Continuance motions must be written, state the reason and whether the opposing parties consent, and be presented to the Court Administrator for delivery to the judge hearing the case.

Except as hereinafter set forth, all motions requesting the continuance of any matter pending in the Court of Common Pleas of Bedford County shall be in writing setting forth the reason for the continuance and whether the opposing party or parties consent to the request. All such continuance motions shall be presented to the Court Administrator who shall present them to the judge hearing the case for disposition.

Page 3 | Rule 216. Continuances

A continuance request submitted less than 48 hours before the scheduled hearing will not be granted unless good cause is shown.

No request for continuance presented to the Court Administrator less than 48 hours before the time scheduled for the hearing of the matter in question will be granted, unless for good cause shown.

Page 3 | Rule 216. Continuances

A continuance request based on a conflict with a matter in another court of common pleas must state which matter was scheduled first.

In the event the request for continuance concerns a conflict with a matter scheduled in another court of common pleas, the request shall state which matter was scheduled first.

Page 4 | Rule 216. Continuances

Previously scheduled depositions, district justice hearings, and similar matters are not grounds for a continuance absent extraordinary circumstances.

Except for extraordinary circumstances, continuances will not be granted because of previously scheduled depositions, district justice hearings, or other like matters.

Page 3 | Rule 216. Continuances

A continuance will be granted when the conflict is with a state appellate or federal court.

Motions for continuance will be granted when a conflict arises with a state appellate or federal court.

Page 4 | Rule 216. Continuances

Chambers Communication Rules

The moving party must alert the Court Administrator’s Office that a motion is an emergency.

It is the duty of the moving party to bring to the attention of the Court Administrator’s Office the emergency nature of the motion.

Page 2 | Rule 208.3(a). Motions Procedure

The petitioner must inform the Court of financial improvements that would allow the petitioner to pay the costs of the proceeding.

I understand that I have a continuing obligation to inform the Court of improvements in my financial circumstances which would permit me to pay the costs incurred herein.

Page 4 | PETITION TO PROCEED IN FORMA PAUPERIS

Contact the court office for accessibility or accommodation information, and make all arrangements at least 72 hours before a hearing or other court business.

For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.

Page 2 | AMERICANS WITH DISABILITIES ACT OF 1990

Contact the court office about accessibility or accommodations, and make all arrangements at least 72 hours before a hearing or other court business.

For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.

Page 2 | AMERICANS WITH DISABILITIES ACT OF 1990

Contact the court office for accessibility and accommodation information, and make all arrangements at least 72 hours before a hearing or other court business.

The Court of Common Pleas of Bedford County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.

Page 2 | AMERICANS WITH DISABILITIES ACT OF 1990

If you do not have a lawyer, you may go to or telephone the Prothonotary’s Office for information about hiring a lawyer.

IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Prothonotary’s Office Bedford County Courthouse 200 S. Juliana Street Bedford, PA 15522 Telephone: 814-623-4833

Page 2 | Notice Regarding Legal Assistance

If you do not have a lawyer, you may visit or telephone the Prothonotary’s Office for information about hiring a lawyer and possible reduced-fee or free legal services.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Prothonotary’s Office Bedford County Courthouse 200 S. Juliana Street Bedford, PA 15522 Telephone: 814-623-4833

Page 2 | YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.

If you do not have a lawyer, you may visit or telephone the Prothonotary for information about hiring a lawyer.

IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Prothonotary Bedford County Courthouse 200 South Juliana Street Bedford, PA 15522 814-623-4833

Page 1 | Notice and Order to Appear

People without a lawyer may visit or telephone the Prothonotary’s Office for information about hiring a lawyer.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Prothonotary’s Office Bedford County Courthouse 200 S. Juliana Street Bedford, PA 15522 Telephone: 814-623-4833

Page 2 | Lawyer and Legal Services Information

Common questions about Court of Common Pleas of Bedford County, Pennsylvania rules

What page or word limits apply to pre trial statement in Court of Common Pleas of Bedford County, Pennsylvania?

Court of Common Pleas of Bedford County, Pennsylvania's rule states these limits: 3 pages. The pre-trial statement may not exceed three pages.

View ruleSource: page 3, section Rule 212.8. Pre-Trial Conference

What formatting rules apply to filings in Court of Common Pleas of Bedford County, Pennsylvania?

Court of Common Pleas of Bedford County, Pennsylvania's formatting rule includes the electronic copy must be in a microsoft word format only.. The electronic copy must be in Microsoft Word format only.

View ruleSource: page 1, section ORDER OF COURT

What must be included with divorce complaint filings in Court of Common Pleas of Bedford County, Pennsylvania?

The Complaint must have the Notice to Defend and Claim Rights attached on top and the Verification attached on the bottom.

View ruleSource: page 1, section STEP ONE: The Notice to Defend and Divorce Complaint

What must be included with filed document filings in Court of Common Pleas of Bedford County, Pennsylvania?

The rule requires caption and case number. The forms’ caption must include the county name, both parties’ names, and the docket number.

View ruleSource: page 1, section STEP ONE: The Notice to Defend and Divorce Complaint

How may parties contact Court of Common Pleas of Bedford County, Pennsylvania?

The moving party must alert the Court Administrator’s Office that a motion is an emergency.

View ruleSource: page 2, section Rule 208.3(a). Motions Procedure

How does Court of Common Pleas of Bedford County, Pennsylvania handle sealed or redacted filings?

A court may adopt a rule or order allowing a document to be filed in redacted and unredacted versions instead of using the Confidential Information Form.

View ruleSource: page 1, section Rule 1.99. Confidential Information and Confidential Documents. Certification

How do I request an adjournment or extension in Court of Common Pleas of Bedford County, Pennsylvania?

The request must include reason for request and adversary position. Continuance motions must be written, state the reason and whether the opposing parties consent, and be presented to the Court Administrator for delivery to the judge hearing the case.

View ruleSource: page 3, section Rule 216. Continuances

Are filing fees or waivers addressed in Court of Common Pleas of Bedford County, Pennsylvania?

A fee is required for covered filings, and the rule identifies waiver availability. A filing fee is required unless the court has granted In Forma Pauperis status, which is requested with the Complaint.

View ruleSource: page 1, section STEP ONE: The Notice to Defend and Divorce Complaint

Is electronic filing required in Court of Common Pleas of Bedford County, Pennsylvania?

Yes. Electronic filing is required for the covered filings. The District Court Administrator must email one copy of the Order and Local Rule to the Administrative Office of Pennsylvania Courts.

View ruleSource: page 1, section ORDER OF COURT

What filing deadlines does Court of Common Pleas of Bedford County, Pennsylvania set?

Wait 20 days after serving the Notice of Intention before filing the Praecipe to Transmit Record.

View ruleSource: page 5, section STEP SIX: Wait 20 days after service of the Affidavit Under Section 3301(d) of the Divorce Code with blank Counter-Affidavit Under Section 3301(d) of the Divorce Code.

What rule applies to service for notice to defend complaint and verification in Court of Common Pleas of Bedford County, Pennsylvania?

Details: recipient: the opposing party, timing: after filing. Serve the Notice to Defend, Complaint, and Verification within 30 days after filing, or within 90 days if the other party lives outside Pennsylvania.

View ruleSource: page 2, section STEP TWO: Service of the Complaint.
Complete rules summary for Court of Common Pleas of Bedford County, Pennsylvania

The Complaint must have the Notice to Defend and Claim Rights attached on top and the Verification attached on the bottom.

The forms’ caption must include the county name, both parties’ names, and the docket number.

The caption must be identical on every document filed in the case.

A filing fee is required unless the court has granted In Forma Pauperis status, which is requested with the Complaint.

Complete all four pages of the Notice to Defend and Divorce Complaint.

Take the original and two copies to the Bedford County Prothonotary’s Office for time-stamping.

Serve the Notice to Defend, Complaint, and Verification within 30 days after filing, or within 90 days if the other party lives outside Pennsylvania.

If separation began before December 5, 2016, the parties must live separate and apart for two years before filing the divorce complaint.

Serve the documents by personal service, acceptance of service, or certified mail with return receipt requested and restricted delivery.

If service is not completed within the applicable filing-based service period, reinstate the Complaint by Praecipe and serve it again.

If timely service fails, complete and file a Praecipe to Reinstate the Complaint.

Filing the Praecipe restarts the service period, providing 30 days to serve or 90 days if the other party lives outside Pennsylvania.

For acceptance of service, give the other party the Notice to Defend and Divorce Complaint, and have the other party sign the Acceptance of Service acknowledging receipt.

For service by mail, use certified mail with return receipt requested and restricted delivery, complete an Affidavit of Service, and attach the original green card receipt to it.

If certified mail is returned unclaimed, use another form of service.

Form 3c: Personal Service – An adult, other than you, (such as a relative of yours, an employee, co-worker of yours, the Sheriff, private courier service, or any reliable third party), may personally hand Notice to Defend and Divorce Complaint to the other party. The person who hands the papers to your spouse must sign a completed Acceptance of Service.

File the Acceptance of Service or Affidavit of Service with the Prothonotary’s Office and have the original and one copy time-stamped.

When service is difficult, a Praecipe to Reinstate the Complaint may be filed repeatedly, and the clock starts on the day it is time-stamped.

You may not proceed until proper service has been made.

If separation began on or after December 5, 2016, the parties must live separate and apart for one year before filing the divorce complaint.

Separation before filing counts toward the required period, and if the full period has already elapsed, you may proceed immediately after filing and serving the notice and complaint.

After the separation period has elapsed and the required affidavit is filed, a divorce may be entered after notice is given to the other party.

In addition to filing and serving the Affidavit Under Section 3301(d) of the Divorce Code, with a blank Counter-Affidvait Under Section 3301 (d) of the Divorce Code. You must also serve the other party with a Notice of Intention to File the Praecipe to Transmit Record Under Section 3301(d) of the Divorce Code in order for them to have the opportunity to oppose the divorce or raise claims if they choose to do so.

You cannot obtain a 3301(d) divorce against an unrepresented defendant who is in the military; if your spouse is unrepresented, sign and file an Affidavit of Non-Military Service.

Complete and sign the Affidavit Under 3301(d) and Notice of Intention to File Praecipe to Transmit Record, and make two copies of each.

If your spouse is unrepresented and not in the military, complete and sign the Affidavit of Non-Military Service and make two copies.

File the Affidavit Under 3301(d) and, if applicable, the Affidavit of Non-Military Service; serve the Notice without filing it and file a copy later.

If the other party does not oppose the divorce or raise additional claims, no action on the Counter-Affidavit is needed, and a decree may issue after the Praecipe to Transmit Record is filed.

All required forms must be properly served to complete a 3301(d) divorce.

Mail the specified divorce documents to your spouse by certified mail, return receipt requested, with restricted delivery.

More Judges in Court of Common Pleas of Bedford County, Pennsylvania

Brandi J. Hershey
Judge
Travis W. Livengood
Judge