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

CRITICAL

Applies to

Search warrant application

A Search Warrant Application must have the Commonwealth attorney’s approval before filing; approval may be provided electronically if a copy is attached to the application.

Search Warrants shall not hereafter be accepted by a Judge of the Court of Common Pleas unless the Search Warrant Application has the approval of an Attorney for the Commonwealth prior to filing. Approval by the Attorney for the Commonwealth may be provided by electronic communication with a copy attached to the warrant application.

CRITICAL

Applies to

Verification

A verification concerning criminal-record or abuse history for the party and household members must be filed.

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.

CRITICAL

Applies to

Petition to proceed in forma pauperis

The petition form requests the petitioner’s contact details, employment information, and gross amounts and months received for other income during the past twelve months.

(a) Name: Address: Telephone: Cell Phone: (b) Employment: If you are presently employed, state: Employer: Address: Salary or Wages per month: Type of work: If you are presently unemployed, state: Date of last employment: Salary or Wages per month: Type of work: (c) Other income within the past twelve (12) months: (Write the gross amount (before taxes) per month that you received and the months you received this income.) Business or profession: Other self-employment: Interest: Dividends:

CRITICAL

Applies to

Petition

A copy of the custody order must be attached to the petition.

A true and correct copy of the order is attached to this petition. (Provide a copy of the order.)

CRITICAL

Applies to

Petition for modification of custody order

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

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.

CRITICAL

Applies to

Confidential information form

The Confidential Information Form should include confidential addresses and the children’s names and dates of birth.

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

CRITICAL

Applies to

Petition for modification of custody order

The petition must be dated and signed by the petitioner.

Date Petitioner’s signature (sign)

CRITICAL

Applies to

Application to waive transcript costs

The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.

The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure.

CRITICAL

Applies to

All case documents

Must include

caption

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

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.

CRITICALCivil cases

Applies to

Legal paper

Attorneys and unrepresented parties filing legal papers must comply with the Public Access Policy, including a certification and, as necessary, the applicable confidential-information or confidential-document form, unless applicable authority or a court rule or order provides otherwise.

Unless public access is otherwise constrained by applicable authority, any attorney, or any party if unrepresented, who files a legal paper pursuant to these rules with the clerk shall comply with the requirements of Sections 7.0 and 8.0 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts (Policy) including a certification of compliance with the Policy and, as necessary, a Confidential Information Form, unless otherwise specified by rule or order of court, or a Confidential Document Form, in accordance with the Policy.

CRITICAL

Applies to

Petition to intervene and modify

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

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).

CRITICAL

Applies to

Pre trial statement

The pre-trial statement must summarize the facts, state whether the trial is by jury, estimate the trial length, and list outstanding pre-trial motions awaiting decision.

The pre-trial statement shall be no longer than three (3) pages and contain (a) a brief summary of the facts of the case; (b) whether the case is to be tried by jury or without a jury; (c) an estimate of the number of days required for trial; (d) a list of any presently outstanding pre-trial motions awaiting decision.

CRITICAL

Applies to

Confidential information form

The form must include information marked confidential in the pleading; if an address must remain confidential from a party who does not know it, complete the Abuse Victim Addendum, which is provided only to the Court.

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.

CRITICAL

Applies to

Pleading

Must include

case number

The caption must use the same case number as the original custody action.

(use the same number for the original : custody action)

CRITICAL

Applies to

In forma pauperis affidavit

The petitioner must list each expense amount or explain why the expense does not apply.

THE AMOUNTS MUST BE LISTED IN EACH, OR EXPLAIN WHY YOU DO NOT HAVE THIS EXPENSE

CRITICAL

Applies to

Criminal complaint and arrest warrant affidavit

Police-officer complaints and arrest-warrant affidavits charging the listed offenses require Commonwealth attorney approval before filing; approval may be provided electronically with a copy attached.

Criminal complaints and arrest warrant affidavits, by police officers, as defined in the Rules of Criminal Procedure, charging any of the following: 1) Any violation of 18 Pa. C.S.A. Chapter 25 (relating to Criminal Homicide); 2) Any violation of 18 Pa. C.S.A. 2702 (relating to Aggravated Assault); 3) Any violation of 18 Pa. C.S.A. Chapter 29 (relating to Kidnapping); 4) Any violation of 18 Pa. C.S.A. Chapter 31 (relating to Sexual Offenses) graded as any Felony; 5) Any violation of 18 Pa. C.S.A. 3301 (relating to Arson); 6) Any violation of 18 Pa. C.S.A. Chapter 37 (relating to Robbery); 7) Any violation of 75 Pa. C.S.A. Section 3732 (relating to Homicide by Vehicle), Section 3735 (relating Homicide by Vehicle while DUI), and Section 3735.1 (relating to Aggravated Assault by vehicle while DUI); 8) Any violation of Title 18 (Crimes Code) or Title 75 (Vehicle Code) which results in the death of any person, including summary offenses; 9) Any charge of an inchoate crime under 18 Pa. C.S.A. Chapter 9 (relating to Criminal Attempt, Criminal Solicitation, and Criminal Conspiracy), where the underlying criminal offense is one of those set forth above; 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. Approval by the Attorney for the Commonwealth may be provided by electronic communication with a copy attached to the complaint or arrest warrant affidavit.

CRITICAL

Applies to

Petition

The petition must request that the respondent be held in contempt of court.

WHEREFORE, Petitioner requests that Respondent be held in contempt of court.

CRITICAL

Applies to

Petition for modification of custody order

The petition must include the stated verification that its statements are true and correct and acknowledge the penalties for false statements.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must include a scheduling order and a proposed order specifying the relief sought.

(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.

CRITICAL

Applies to

Declarations local orders and directives

Declarations of judicial emergencies and all local orders and directives must be filed with the Supreme Court Prothonotary.

Such declarations, as well as all local orders and directives, SHALL BE FILED with the Prothonotary for the Supreme Court

CRITICAL

Applies to

Criminal history and abuse verification

If you or a household member was convicted of a listed crime or found to have abused someone, list any evaluation, counseling, or other treatment received afterward.

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.

CRITICAL

Applies to

Criminal history and abuse verification

Report whether Children and Youth Services or a similar agency was involved with you or a household member, when it occurred, and whether abuse was found.

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.

CRITICAL

Applies to

Agreement of reference

Cases may be placed on the arbitration list by a written agreement signed by counsel for all parties; the agreement must define the issues and be filed of record, and may include agreed stipulations.

Cases which are not at issue and whether or not suit has been filed may be placed on the arbitration list by agreement of reference in writing signed by counsel for all parties in the case. Said agreement shall define the issues involved for determination by the board and, when agreeable, shall also contain stipulations with respect to facts submitted or agreed or defenses waived. In such cases, the agreement of reference shall take the place of pleadings and shall be filed of record in the Office of the Prothonotary and shall be assigned a number.

CRITICAL

Applies to

Praecipe to reinstate complaint

If service is not completed on time, reinstate the Complaint using a Praecipe to Reinstate and serve it again.

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.

CRITICAL

Applies to

Notice of intention to resume prior surname

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

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.

CRITICAL

Applies to

Affidavit of non military service

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

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.

CRITICAL

Applies to

Divorce filing package

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

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.

CRITICAL

Applies to

Documents containing confidential information

Anyone filing a document containing confidential information as defined by the Policy must use and file the Confidential Information Form.

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.

CRITICAL

Applies to

Affidavit of consent and waiver of notice

The Plaintiff must complete and sign the Affidavit of Consent and Waiver of Notice, provide them to the Defendant for signature, and make copies.

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

CRITICAL

Applies to

Petition for modification of custody order

A copy of the custody order must be attached to the petition.

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

CRITICAL

Applies to

Filed document

Must include

caption

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

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

CRITICAL

Applies to

Criminal history and abuse verification

The verification must provide the other party’s criminal or abuse history.

Provide the criminal or abuse history of the other party.

CRITICAL

Applies to

Petition to intervene and modify

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

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.

CRITICAL

Applies to

3301(d) divorce documents

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.

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.

CRITICAL

Applies to

Document containing confidential information

A person filing a document containing confidential information as defined by the Policy must use and file the Confidential Information Form.

Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, 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.

CRITICAL

Applies to

Criminal history and abuse verification

If a household member was convicted of a listed crime, provide that person’s name, date of birth, and relationship to the children.

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.

CRITICAL

Applies to

Pleading

Must include

caption

All pleadings must use the same caption as the original custody action.

For all documents (pleadings) use the same caption:

CRITICAL

Applies to

Criminal history and abuse verification

The verification must state whether you or a household member was involved in abusive conduct covered by the Protection From Abuse Act or a similar statute and provide the date.

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.

CRITICAL

Applies to

Confidential information form

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

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

CRITICAL

Applies to

Praecipe to transmit record

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

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.

CRITICAL

Applies to

Criminal history and abuse verification

If you or a household member had a listed conviction or an abuse finding, list any subsequent evaluation, counseling, or other treatment received.

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.

CRITICAL

Applies to

Motion

In every civil action, the parties must notify the court that the case is ready for trial by filing a motion requesting a pre-trial conference and placement on the civil trial list.

It shall be the responsibility of the parties in every civil action to notify the court when the matter is ready to proceed to trial. The parties shall do so by filing a motion that requests the judge to schedule a pre-trial conference and place the case on the civil trial list.

CRITICAL

Applies to

Divorce complaint

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

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.

CRITICAL

Applies to

Transcript cost waiver application

The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure. Such application should be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and filed in the appropriate filing office.

The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Rule 240(h) of the Pennsylvania Rules of Civil Procedure. Such application should be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and filed in the appropriate filing office.

CRITICAL

Applies to

Praecipe to reinstate complaint

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

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

CRITICAL

Applies to

Divorce filing package

Provide the court with self-addressed, stamped envelopes for both spouses so it can mail the final decree.

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.

CRITICAL

Applies to

Petition to intervene and modify

The petition must have the Criminal Record/Abuse History Verification form attached.

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

CRITICAL

Applies to

Divorce complaint

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

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

CRITICAL

Applies to

Praecipe to transmit record

Must include

proposed order

The filing must include a proposed Divorce Decree.

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

CRITICAL

Applies to

Pleading

Must include

caption

All pleadings must use the same caption.

For all documents (pleadings) use the same caption:

CRITICAL

Applies to

Petition for modification of custody order

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).

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).

CRITICAL

Applies to

Confidential information form

The Confidential Information Form should include confidential addresses and the children’s names and dates of birth.

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

CRITICAL

Applies to

Pleading

Must include

caption

All pleadings must use the same caption.

For all documents (pleadings) use the same caption:

CRITICAL

Applies to

Petition to intervene and modify

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

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).

CRITICAL

Applies to

Certificate of service

Complete the Certificate of Service, mark the boxes for documents mailed, and make one copy.

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.

CRITICAL

Applies to

Local rule

The District Court Administrator must file one copy of the Local Rule with the Prothonotary and the County Law Library for public inspection and copying.

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.

CRITICAL

Applies to

Petition and rule

A request to stay execution while a petition to open a default judgment is pending must be stated in the petition and rule.

(3) A request for stay of execution pending disposition of a petition to open a default judgment shall be set forth in the petition and rule.

CRITICAL

Applies to

Petition to intervene and modify

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

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).

CRITICAL

Applies to

Criminal history and abuse verification

Sign the Certification and Verification.

Sign the Certification and Verification.

CRITICAL

Applies to

Pleading

The Form and/or Addendum must be filed with the pleading.

File the Form and/or Addendum with the pleading.

CRITICAL

Applies to

Filed document

Must include

caption, case number

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

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.

CRITICAL

Applies to

Verification

You must file a verification about your and household members’ criminal records or abuse history by the initial in-person court contact and no later than 30 days after service.

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.

CRITICAL

Applies to

Criminal history and abuse verification

The criminal history and abuse verification must state whether you or a household member has a listed conviction, plea, or pending charge and provide the date and sentence.

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.

CRITICAL

Applies to

Petition for modification of custody order

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

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.”)

CRITICAL

Applies to

Divorce complaint

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

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.

CRITICAL

Applies to

Petition

The petition must state the custody order’s date and judge, identify the custody awarded, and provide the initials of the children covered by the order.

That on (provide date of custody order), Judge (name of Judge that entered custody order) entered an Order awarding (Petitioner) (Respondent) (who received what type of custody. For example, if you are petitioner, circle petitioner and what type of custody you were awarded.) (shared legal custody) (sole legal custody) and (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the minor child(ren): (write down the child(ren)’s initials who are the subject of the custody order).

CRITICAL

Applies to

Criminal history and abuse verification

If a household member was convicted of a listed crime, provide that person’s name, date of birth, and relationship to the children.

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.

CRITICALCivil cases

Applies to

Petition

The petition must be signed by petitioner’s counsel or, if the petitioners are unrepresented, by all petitioners.

Another modification is the addition of subparagraph (d) that requires petitioner’s counsel to sign the petition, or all of the petitioners to sign the petition, if unrepresented, thereby subjecting these signatories to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4. (See Rule 3.12.)

CRITICAL

Applies to

Petition for modification of custody order

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

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.

CRITICAL

Applies to

Criminal history and abuse verification

Report whether you or a household member has engaged in conduct defined as abuse under the Protection From Abuse Act or a similar out-of-state statute, and provide the date.

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.

CRITICAL

Applies to

Application to waive transcript costs

Such application should be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and submitted with the request for transcript.

Such application should be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and submitted with the request for transcript.

CRITICAL

Applies to

Petition for modification of custody order

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

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).

CRITICAL

Applies to

Abuse victim addendum

The Abuse Victim Addendum is to be provided only to the Court.

The Abuse Victim Addendum will only be provided to the Court.

CRITICAL

Applies to

Criminal history and abuse verification

The Certification and Verification must be signed.

Sign the Certification and Verification.

CRITICAL

Applies to

Divorce decree mailing envelopes

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

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.

CRITICAL

Applies to

Affidavit of service

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.

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).

CRITICAL

Applies to

Divorce decree

Must include

caption

Complete the top caption of the Divorce Decree.

Complete top caption of Divorce Decree. Make one copy.

CRITICAL

Applies to

Praecipe to transmit record

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

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

CRITICAL

Applies to

Criminal history and abuse verification

Provide the other party’s criminal or abuse history.

Provide the criminal or abuse history of the other party.

CRITICAL

Applies to

Transcript request

Transcript requests must use the district court administrator’s form, which includes current transcript rates.

All requests for transcripts shall be submitted on a form provided by the district court administrator which will include the current rates charged for transcripts.

CRITICAL

Applies to

Criminal history and abuse verification

Complete the criminal-history verification for you and household members by identifying listed convictions or pending charges and providing the date and sentence.

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.

CRITICAL

Applies to

Confidential information form

The Confidential Information Form must be available in each filing office and on the Public Records page of the Unified Judicial System website.

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

CRITICAL

Applies to

Praecipe to transmit record

Provide self-addressed, stamped envelopes for both spouses so the court can mail copies of the final decree.

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.

CRITICAL

Applies to

Transcript request

For an ordinary transcript, the requesting party must file the original request with the district court administrator.

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.

CRITICAL

Applies to

Divorce decree and county required forms

Must include

caption

Complete the Divorce Decree caption and any county-required forms, and make one copy of each.

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

CRITICAL

Applies to

3301(d) affidavit and notice

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

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

CRITICALCivil cases

Applies to

Petition

If no citation is issued with the petition, the petition must be endorsed with a notice to plead.

If a citation is not being issued with the petition, then the petition must be endorsed with a notice to plead.

CRITICAL

Applies to

Praecipe to reinstate complaint

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

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.

CRITICAL

Applies to

Preliminary objections

Preliminary objections must be filed in the Prothonotary’s Office, which forwards them to the Court Administrator’s Office for scheduling.

All preliminary objections shall be filed in the Prothonotary’s Office, which will then forward the preliminary objections to the Court Administrator’s Office for scheduling.

CRITICAL

Applies to

Praecipe to reinstate complaint

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

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).

CRITICAL

Applies to

Petition to intervene and modify

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

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).

CRITICAL

Applies to

Petition to proceed in forma pauperis

The petition form calls for statements that the petitioner cannot pay litigation costs, cannot obtain funds to pay them, and that the financial information provided is true and correct.

1. I am the (Plaintiff) (Defendant) in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct:

CRITICAL

Applies to

Petition to intervene and modify

Do not include confidential information in the Petition to Intervene and Modify.

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

CRITICAL

Applies to

Transcript request

Transcript requests must use the district court administrator’s form, which includes current transcript rates.

All requests for transcripts shall be submitted on a form provided by the district court administrator which will include the current rates charged for transcripts.

CRITICAL

Applies to

Verification

The verification must be signed.

Sign the verification.

CRITICAL

Applies to

Verification

A verification concerning criminal records or abuse history must be filed with the court.

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

CRITICAL

Applies to

Request to submit on briefs

If all parties agree to submit preliminary objections on briefs without oral argument, the request must be made in writing to the Court Administrator.

In the event there is an agreement amongst all parties to submit the matter on briefs, without oral argument, the request shall be made in writing to the Court Administrator.

CRITICAL

Applies to

Confidential information form

Complete the Confidential Information form if confidential information is present.

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

CRITICAL

Applies to

Petition

The petition includes a certification that it complies with Pennsylvania’s Public Access Policy for confidential information and documents.

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.

CRITICAL

Applies to

Criminal history and abuse verification

The verification must state whether Children and Youth Services or a similar agency was involved with you or a household member, when, and whether abuse was found.

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.

CRITICAL

Applies to

Petition for modification of custody order

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.

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).

CRITICAL

Applies to

Petition

The petition must explain how the respondent violated the order and use the children’s initials instead of their names, if applicable.

Respondent has willfully failed to abide by the order in that (give reasons of how the other party violated the order. Use child(ren)’s initials instead of name, if applicable).

CRITICAL

Applies to

Petition for modification of custody order

The petition’s request for relief states that the petitioner seeks modification in the children’s best interests.

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

CRITICAL

Applies to

Affidavit of non military service

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.

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.

CRITICAL

Applies to

Stamped envelopes

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

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.

CRITICAL

Applies to

Certification

The certification must be signed and dated and include your address, telephone number, and email address.

Sign and date this certification, provide your address, telephone number and email address.

CRITICAL

Applies to

Local rule

The District Court Administrator must publish a copy of the Local Rule on the Bedford County Court website.

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

CRITICALCivil cases

Applies to

Certification

The required Public Access Policy certification must use substantially the specified wording.

Sections 7.0(D) and 8.0(D) of the Policy provide that the certification shall be in substantially the following form: 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.

CRITICAL

Applies to

Petition

The petition includes the stated verification that its contents are true and correct and acknowledges the penalties for false statements.

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.

CRITICAL

Applies to

Divorce filing package

The court requires additional forms, including a proposed Divorce Decree.

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

CRITICAL

Applies to

Petition

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

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”)

CRITICAL

Applies to

Emergency childrens fast track appeal

The alternative emergency filing procedure for children's fast track appeals remains in effect through at least April 30, 2020, and requires certification that filing in the court of original jurisdiction is impractical because court facilities are closed.

This Court's "Order Regarding Alternative Filing Procedure for Children's Fast Track Appeals," dated March 27, 2020, SHALL REMAIN IN FULL FORCE AND EFFECT through at least April 30, 2020. This Order approved the Superior Court's provision for the filing of emergency filing of children's fast track appeals upon a certification that filing in the court of original jurisdiction is impractical due to the closure of court facilities.

WARNINGCivil cases

Filings required by Rule 2.1 are subject to the Public Access Policy.

The filings required by this rule are subject to the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts. See Rule 1.99.

WARNING

Applies to

Petition to intervene and modify

The petition must state the requested relief and give details about what the court is being asked to do.

7. Proposed intervenor requests to intervene in this custody action and requests the following relief (Give details about what you are asking the court to do.)

WARNING

Applies to

Criminal history and abuse verification

The verification must state whether the filer or a household member was involved in defined abusive conduct and give the date.

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.

WARNING

Applies to

Guardianship service billing

The Guardianship Compliance Officer must periodically submit service billings to the Court, with each invoice identifying the guardianship, services performed, and time spent.

The Guardianship Compliance Officer shall submit billings for services rendered periodically to the Court for reimbursement at the rate of $65.00 per hour for any and all work performed. Said invoices shall list the docket number and name of each guardianship, a brief description of the services performed, and the hours or parts of an hour involved.

WARNING

Applies to

Notice to defend and divorce complaint

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

3. Take the original and your two copies to the Prothonotary’s Office in Bedford County. The Prothonotary’s Office will time-stamp the original and two copies.

WARNING

Applies to

Confidential information form

If a child’s initials appear in the pleading, use the next section to provide the child’s initials, full name, and date of birth.

If you listed a child’s initials, use the next section to provide information about the child. The information pertains to a minor with the initials of (put down the child’s initials) and the full name of (put down the child’s full name) and date of birth (put down the child’s date of birth).

WARNING

Applies to

Praecipe

After filing a Complaint, you may resume your birth surname by filing a Praecipe with the Prothonotary’s Office.

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).

WARNING

Applies to

Confidential information form

The form must identify the court as the Bedford County Court of Common Pleas.

Court is the “Bedford County Court of Common Pleas.”

WARNING

Applies to

Criminal history and abuse verification

If the filer or a household member had a listed conviction or abuse finding, the verification must list any subsequent evaluation, counseling, or other treatment received.

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.

WARNING

Applies to

Petition to intervene and modify

A grandparent or great-grandparent requesting partial physical custody or supervised visitation must select one of the listed bases.

(5) I am a grandparent or great-grandparent who wants partial physical custody or supervised visitation and (choose one of the following): (Either (a), (b), or (c).)

WARNING

Applies to

Criminal history and abuse verification

The verification must provide the other parties’ criminal or abuse history.

Provide the criminal or abuse history of the other parties.

WARNING

Applies to

Confidential information form

The filer must review the certification concerning compliance with Pennsylvania’s Public Access Policy for filing confidential information and documents.

Review the Certification: 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

WARNING

Applies to

Criminal history and abuse verification

The verification must report agency involvement, when it occurred, and whether abuse was found.

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.

WARNING

Applies to

Petition to intervene and modify

The petition must provide facts showing that the requested type of custody serves the child’s best interest and permanent welfare.

6. The best interest and permanent welfare of the child(ren) will be served by granting the relief requested because: (Give facts showing that the type of custody you are requesting is what is best for the child(ren).)

WARNING

Applies to

Confidential information form

Must include

caption

The Confidential Information Form must have its caption completed as directed in Section I.

Complete the Caption as in Section I.

WARNING

Applies to

Notice to defend and divorce complaint

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

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

WARNING

Applies to

Criminal history and abuse verification

If a household member was convicted of a listed crime, provide that person’s name, date of birth, and relationship to the children.

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.

WARNING

Applies to

Confidential information form

Must include

page count

For more than one child, use additional pages and state the total number of pages in the form.

If there is more than one child, use the additional pages. Write down the total number of pages in the Confidential Information Form.

WARNING

Applies to

Petition to intervene and modify

The petition must identify the type of custody being requested.

(Check the type of custody you are requesting.)

WARNING

Applies to

Notice to defend and divorce complaint

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

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

WARNING

Applies to

Confidential information form

The form must identify the associated pleading by name and provide the date the pleading was signed.

This form is associated with the pleading titled (provide the name of the document that the Confidential Information Form goes with. For example: Complaint for Custody), dated (provide the date you signed the pleading).

WARNING

Applies to

Criminal history and abuse verification

The criminal history verification must state whether the filer or a household member has a listed conviction, plea, or pending charge and provide the date and sentence.

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.

WARNING

Applies to

Petition to intervene and modify

Do not put the reference numbers and letters from this section on the Petition.

Please note the numbers and letters in this section are for reference only and not on the Petition.

WARNING

Applies to

Confidential information form

For information pertaining to an adult, the form must provide the adult’s full name.

This Information Pertains to (put the full name of the adult).

WARNING

Applies to

Language access complaint form

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:

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:

WARNING

Applies to

Local emergency declaration or order

Must include

case number

If a docket number has been assigned to the judicial district for emergency purposes, any further declaration or order concerning extensions, administrative directives, or other matters associated with the local judicial emergency should be captioned so as to indicate that docket number.

If a docket number has been assigned to the judicial district for emergency purposes, any further declaration or order concerning extensions, administrative directives, or other matters associated with the local judicial emergency should be captioned so as to indicate that docket number.

INFOCivil cases

Applies to

Cover sheet or checklist

Cover sheets or checklists may be required by local rule as permitted by Rule 1.8(c).

Cover sheets or checklists may be required by local rule as permitted by Rule 1.8(c).

INFO

Applies to

Confidential information form

The form can provide information for two people, and an additional page may be used if necessary.

The Form allows the party to provide information for two people, with an additional page if necessary.

INFO

Applies to

Confidential information form

Other confidential information requested by the form need not be included if it was not requested in the pleading.

Please note that while the Form asks for other Confidential Information (Social Security Number, Financial Account Number, Driver’s License Number, etc.), you do not have to include this information if was not asked for in the pleading.