Court of Common Pleas of Bedford County, Pennsylvania Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

INFOCivil cases

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.

INFO

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.

INFO

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

90 calendar days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNINGCivil cases

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.