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

CRITICALCivil cases

Applies to

Custody action filing

When initiating a Custody Action, the moving party must attach the custody notice/scheduling order and program description when filing.

at the filing of a divorce complaint containing a count for custody or any complaint for custody, partial custody or visitation, or any other court paper seeking to initiate any proceeding to compel, modify, terminate or otherwise affect contact between Children and Parties (collectively "Custody Action"), the moving party shall attach a copy of the custody notice/scheduling order, accompanied by the program description in form to be published by this Court through the office of the District Court Administrator;

CRITICALCivil cases

Applies to

Continuance request

Continuance applications must use the written civil continuance form, specify the factual basis, and be filed with Court Administration.

The Court disfavors continuances due to the difficulty in promptly rescheduling matters. All applications for continuance shall be made by written civil continuance form affixed herein as ATTACHMENT “A”. The continuance shall specify the factual basis for the request of the proposed continuance. The request for continuance shall be filed with Court Administration and will be forwarded to the assigned judge.

CRITICALCivil cases

Applies to

Arbitration scheduling request

(b) Praecipe to the Arbitration List- Either party may praecipe the matter to the Arbitration List by filing such with the Prothonotary no earlier than thirty (30) days from the close of the pleadings by filing an Arbitration Scheduling Request. See ATTACHMENT “E”.

(b) Praecipe to the Arbitration List- Either party may praecipe the matter to the Arbitration List by filing such with the Prothonotary no earlier than thirty (30) days from the close of the pleadings by filing an Arbitration Scheduling Request. See ATTACHMENT “E”.

CRITICAL

Applies to

Petition

The petition must give detailed reasons for the objection and the proposed alternative.

that the proceeding cannot be conducted via ACT, such counsel or person may file a petition no later than 72 hours before the event, regarding their objection to the conduct of the proceeding via ACT, giving the detailed reasons for the objection and their proposed alternative.

CRITICALCivil cases

Applies to

Continuance request

A continuance request must certify that the client has been notified and does not oppose it.

Any continuance request shall contain certification that the client has been notified and does not oppose the request.

CRITICALCivil cases

Applies to

Motion

A summary judgment motion must be accompanied by a supporting brief and filed with the Prothonotary.

(1) Motions for Summary Judgment, accompanied by a supporting brief, shall be filed with the Prothonotary, who will forward the motion and brief to the assigned judge.

CRITICALCivil cases

A grandparent or great-grandparent seeking partial or supervised physical custody under 23 Pa.C.S. §5325 must plead facts establishing standing under §5325.

If the plaintiff is a grandparent or great-grandparent to is seeking partial physical custody or supervised physical custody pursuant to 23 Pa.C.S. §5325. You must plead facts establishing standing pursuant to §5325.

CRITICALCivil cases

Applies to

Certification of premises as owner occupied and request for conciliation conference

To participate in the program, the Defendant must file the attached owner-occupancy certification and conference request with the Prothonotary within ten days of the Order.

To participate in the program, you must file the attached Certification of Premises as Owner-Occupied and Request for Conciliation Conference with the Blair County Prothonotary within ten (10) days of the date of this Order to have a conference scheduled.

CRITICALCivil cases

Applies to

Consent agreement

Agreements reached at the Intake Conference must be reduced to a Consent Agreement (Form 2).

b) All agreements reached at Intake Conference shall be reduced to a Consent Agreement (Form 2)

CRITICALCivil cases

Applies to

Preliminary objections

The moving party must file a supporting brief with the Prothonotary within 20 days after filing preliminary objections.

The moving party must file a supporting brief with the Prothonotary, no later than twenty (20)days after filing the Preliminary Objections.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petitioner must attach a proposed order to the petition.

(2) A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed in subdivision (6) and give notice to all other parties of the intention to request the court to issue the rule.

CRITICALCivil cases

Applies to

Mortgage foreclosure program notice

In every mortgage foreclosure case, the Defendant must receive an urgent notice to participate in the program and the Homeowner-Occupied Certification and Conciliation Conference request form.

In all cases initiated by the filing of a Mortgage Foreclosure Complaint, the Defendant shall receive an “urgent notice” to participate in the Mortgage Foreclosure Program and the Homeowner-Occupied Certification and request for Conciliation Conference form.

CRITICALCivil cases

Applies to

Consent agreement

Agreements reached at the Conciliation Conference must be reduced to a Consent Agreement (Form 2).

e) All agreements reached at Conciliation Conference shall be reduced to a Consent Agreement (Form 2)

CRITICALCivil cases

Applies to

Pretrial narrative

A narrative is required for the first pretrial and must be filed 10 days before the conference.

Narratives shall be required for the first pretrial and shall be filed ten (10) days prior to the date of the conference.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

An Order for Argument must be attached to the motion.

An Order for Argument shall be attached to the motion.

CRITICALCivil cases

Applies to

Arbitration rescheduling notice

When a continuance is granted, Court Administration or its designee must give the parties or their attorneys of record and the assigned Judge written notice of the arbitration hearing’s new date, time, and place, meeting subsection (b)’s requirements.

(5) If a continuance request is granted, Court Administration, or its designee, shall give to the parties, or the attorneys of record, and the assigned Judge notice in writing of the new date, time and place of the arbitration hearing. Such notice shall meet the requirements set forth under subsection (b) of this provision.

CRITICALCivil cases

Applies to

Summary judgment motion

A summary judgment motion must be filed with a supporting brief with the Prothonotary, who forwards both to the assigned judge.

Motions for Summary Judgment, accompanied by a supporting brief, shall be filed with the Prothonotary, who will forward the motion and brief to the assigned judge.

CRITICAL

Applies to

Transcript request

Counsel for a represented party must provide the President Judge a certification letter verifying the client's financial eligibility and the qualifying appeal or litigation need for the transcript.

Counsel for a represented party must provide the President Judge with a letter of certification verifying, as provided in Pa.R.J.A. 4008(B), that the client meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.

CRITICALCivil cases

Applies to

Custody complaint

The custody complaint must have the required Criminal Record/Abuse History Verification form attached.

10. I have attached the Criminal Record/Abuse History Verification form required pursuant to Pa. R.C.P. No. 1915.3-2.

CRITICALCivil cases

Applies to

Motion

A summary judgment motion filed without a supporting brief will be dismissed by court order.

(5) If a motion for summary judgment is filed without a supporting brief, the motion will be dismissed by Order of Court.

CRITICALCivil cases

Applies to

Conciliation conference materials

The Plaintiff must bring proof of the defaulted mortgage and the exact amount, including costs and penalties, needed to bring it current; failure precludes recovery of later interest.

The Plaintiff shall come to the Conciliation Conference prepared to provide proof of the defaulted mortgage and the exact amount, including costs and penalties, needed to bring the mortgage current as of that date. Failure to do so will preclude the recovery of any interest due on the mortgage after that date.

CRITICALCivil cases

Applies to

Notice of hearing

The hearing/argument notice form calls for the hearing date, time, courtroom and estimated duration, and directs the moving party to serve a true and correct copy on all counsel of record and unrepresented parties.

## NOTICE OF HEARING/ARGUMENT AND NOW, this _____ day of _____, 20____, a hearing/argument is set for the _____ day of _____, 20____, at _____ a.m./p.m. in Courtroom No. _____ in the Blair County, Courthouse, Hollidaysburg, Pennsylvania. A true and correct copy of the Notice/Order shall be served upon all counsel of record and unrepresented parties by the moving party. BY THE COURT, _____ J. Estimated length of time requested for hearing/argument: _____

CRITICALCivil cases

Applies to

Conciliation conference materials

The Defendant must be prepared to provide proof of income, proof of expenses and debt statements, and the Act 91 Notice and other received mortgage foreclosure documents at the conciliation conference.

The Defendant shall come to the Conciliation Conference prepared to provide the following: - 1. Proof of income from all sources (i.e. pay stubs, social security disability letter of determination, workers compensation letter of determination, annual income tax returns, child and spousal support orders, etc.) - 2. Proof of expenses and debt statements (i.e. regular monthly mortgage payment, water/sewer bills, electricity bill, heating bill, telephone bills, cable bill, credit card bills, tuition and day care expenses, etc.); and - 3. Act 91 Notice and any other documents you have received regarding this mortgage foreclosure.

CRITICALCivil cases

Applies to

Notice

The notice identifying an agency from which legal help can be obtained must name MidPenn Legal Services and include its listed contact information.

(2) In compliance with Rule of Civil Procedure 1018.1, the agency to be named in the notice from whom legal help can be obtained shall be: MIDPENN LEGAL SERVICES 171 Lakemont Park Blvd. Altoona, PA 16602 (800) 326-9177 (814) 943-8139

CRITICALCivil cases

The Defendant must bring proof of income from all sources, proof of expenses and debt statements, the Act 91 Notice, and other received documents concerning the foreclosure to the conciliation conference.

- 3. The Defendant shall come to the conciliation conference prepared to provide the following: - i. proof of income from all sources (i.e. pay stubs, social security disability letter of determination, workers compensation letter of determination, annual income tax returns, child and spousal support orders, etc.) - ii. proof of expenses and debt statements (i.e. regular monthly mortgage payment, water/sewer bills, electricity bill, heating bill, telephone bills, cable bill, credit card bills, tuition and day care expenses, etc.); and, - iii. Act 91 Notice and any other documents you have received regarding this mortgage foreclosure.

CRITICALCivil cases

Applies to

Request for evidentiary hearing trial

The parties must state whether their matter is too complex to be heard by a hearing officer, even if they are not seeking primary physical custody.

The parties must specify whether their matter is so complex that it should not be heard by a hearing officer even though they are not asking for primary physical custody.

CRITICAL

Applies to

Custody action

Custody, partial-custody, and visitation actions, including divorce complaints, must be commenced by filing a verified complaint and scheduling order using Form 1.

All actions for custody, partial custody and visitation of minor children, including divorce complaints, shall be commenced by the filing of a verified complaint and scheduling order as required by Pa. R.C.P. 1915.3 and Local Rule 1915.3 (FORM 1).

CRITICALCivil cases

Applies to

Motion or petition

A motion or petition based on a statute or court rule must cite the specific authority authorizing the requested relief.

Any motion or petition based upon a statute or rule of court shall cite the specific statute or rule which authorizes the requested relief.

CRITICALCivil cases

Applies to

Special verdict questions

Each counsel must submit proposed special verdict questions before jury selection.

Each counsel shall submit a statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury.

CRITICALCivil cases

Applies to

Motion

A motion must have an Order for Argument attached.

(6) An Order for Argument shall be attached to the motion.

CRITICALCivil cases

Applies to

Motion or petition

Must include

proposed order

Counsel must prepare and submit a proposed order with every motion or petition.

Counsel shall always prepare and submit with any motion or petition a proposed order granting the requested relief.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petitioner seeking a rule to show cause must attach to the petition a proposed order in the form prescribed by subdivision (6).

A petitioner seeking the issuance of a rule to show cause shall attach to the petition a proposed order in the form prescribed in subdivision (6)

CRITICALCivil cases

The Plaintiff must bring proof of the mortgage default and the exact amount needed to bring the mortgage current; failure to do so precludes recovery of interest accruing after the conference date.

- 2. The Plaintiff shall come to the conciliation conference prepared to provide proof of the defaulted mortgage AND and the exact amount, including costs and penalties, needed to bring the mortgage current as of that date. Failure to do so will preclude the recovery of any interest due on the mortgage after that date.

CRITICALCivil cases

Applies to

Notice

A notice must name MIDPENN LEGAL SERVICES and include its listed address and telephone numbers.

In compliance with Rule of Civil Procedure 1018.1, the agency to be named in the notice from whom legal help can be obtained shall be: MIDPENN LEGAL SERVICES 171 Lakemont Park Blvd. Altoona, PA 16602 (800) 326-9177 (814) 943-8139

CRITICAL

Applies to

Prehearing narrative

The prehearing narrative must include the listed witness, exhibit, trial-length, custody-arrangement, and stipulation information, and failure to file it may result in a fine or other sanction.

2) Ten (10) days prior to the prehearing, the parties and/or counsel shall submit to the Court Administrator a prehearing narrative, including but not limited to the following: - (i) Names and addresses of all witnesses, including experts. - (ii) Summary of each witness's anticipated testimony. - (iii) Copies of all exhibits. - (iv) Anticipated length of trial. - (v) Proposed custody arrangement for both parties. - (vi) Requested stipulation of facts. 3) If no prehearing narrative is filed, the offending party may be fined or sanctioned otherwise by the Court.

CRITICAL

Applies to

Probate documents

Original documents and, when applicable, copies of required photo identification must be delivered to the Register of Wills before a probate appointment.

Original documents and, if applicable, copies of required photo identification, must be delivered to the Register of Wills Office prior to any scheduled appointment for this purpose.

CRITICAL

Applies to

Landlord tenant complaint

The court may issue a judgment for unpaid rent when the matter also includes a claim of material breach.

The court will issue judgments on all matters contained therein including failure to pay rent if a claim of material breach is also included.

CRITICALCivil cases

Applies to

Request for court hearing

Must include

certificate of service

The request must include a dated certification that a copy was served on opposing counsel or the opposing party.

I hereby certify that on _____/_____/_____ I served a copy of this request on the opposing counsel/party.

CRITICAL

Applies to

Transcript request

An economic-hardship request to waive all or part of ordinary transcript costs must accompany the transcript request as a fully completed In Forma Pauperis Petition under Pennsylvania Rule of Civil Procedure 240.

(4) Any request to waive all or a portion of costs for ordinary transcripts based on economic hardship must be attached to the request for transcript and in the form of a fully completed In Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240.

CRITICALCivil cases

Applies to

Prehearing narrative

The parties must file prehearing narratives ten days before the prehearing conference.

The parties shall have prehearing narratives filed ten days before the prehearing conference.

CRITICALCivil cases

Applies to

Continuance request

A motion for an untimely continuance must specifically state the reasons for the delay.

Where the continuance is not timely filed, the reasons for the delay shall be specifically set forth in the motion.

CRITICALCivil cases

Applies to

Written order

If the parties agree, the hearing officer must prepare an order for the parties’ signatures and submit it to the court with the officer’s recommendation.

If an agreement is reached at the conference, the hearing officer shall prepare a written order in conformity with the agreement for signature by the parties and submission to the court together with the officer's recommendation for approval or disapproval.

CRITICALCivil cases

Applies to

Pretrial narrative

A pretrial narrative must include the listed facts, damages, witnesses, expert reports, issues, trial estimate, scheduling problems, settlement positions, and anticipated exhibits.

(e) The narrative shall contain the following: (1) A brief summary of the facts: (2) All items of economic damages which the Plaintiff intends to prove, including medical bills, property damages bills and loss of earnings; (3) The names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses; (4) Copies of all reports of any expert who treated, examined, or was consulted in connection with the injuries complained of, and who may be called as an expert witness. (5) Copies of all reports of any expert whose opinion will be offered in evidence at the time of trial. Such reports shall include the findings and conclusions of the expert; (6) Any special legal or evidentiary issues; (7) The estimated length of trial; (8) Any scheduling problems; (9) The settlement demand and any responsive offers; and (10) A list of anticipated exhibits to be used at the time of trial.

CRITICALCivil cases

Applies to

Proposed special verdict questions

Each counsel must submit proposed special verdict questions before jury selection.

Each counsel shall submit a statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury.

CRITICALCivil cases

Applies to

Pretrial conference order

The post-conference order must recite the actions, party agreements, trial issues, and factual admissions, and include specified filing dates and an argument date if appropriate.

At the conclusion of the conference, the judge shall make an order reciting the actions taken at the conference, including the agreements made by the parties as to any of the matters considered, the issues of trial and the admissions of fact obtained at the conference. The pretrial conference Order shall include a date for the filing of any pretrial motions and supporting briefs, voir dire questions, and a scheduled date for argument if appropriate.

CRITICAL

Applies to

Inheritance tax return or payment

When applicable, an Inheritance Tax return or payment must include a copy of the Pennsylvania Department of Revenue statement, the estate file number, and the decedent's name.

Inheritance Tax returns and/or payments shall be mailed to the Register of Wills Office, and when applicable, shall include a copy of the statement received from the Pennsylvania Department of Revenue, the estate file number, and the name of the decedent.

CRITICALCivil cases

Applies to

IFP (In Forma Pauperis) form

A fee waiver or reduction request must be presented to the District Court Administrator's Office using the IFP form, available there or at the Prothonotary's Office.

Any such request must be presented to the District Court Administrator's Office using the IFP (In Forma Pauperis) form available at the District Court Administrator's Office or at the Prothonotary's Office.

CRITICAL

Applies to

Document containing confidential information

A person filing a document containing confidential information 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.

CRITICALCivil cases

Applies to

Request for evidentiary hearing trial

The parties must specify the type of custody they are requesting.

The parties must specify whether they are asking for shared physical and legal custody, partial physical and legal custody, supervised physical custody, primary physical custody, or sole legal custody.

CRITICALCivil cases

Applies to

Agreement of reference

(2) By the Parties – Cases, regardless of amount or subject in controversy, may be referred to a Board of Arbitrators by Agreement of Reference signed by all parties or their counsel, and may contain stipulations with respect to facts submitted or agreed upon or defense in such cases, the Agreement of Reference shall take the place of the pleadings in the case and shall be filed of record.

(2) By the Parties – Cases, regardless of amount or subject in controversy, may be referred to a Board of Arbitrators by Agreement of Reference signed by all parties or their counsel, and may contain stipulations with respect to facts submitted or agreed upon or defense in such cases, the Agreement of Reference shall take the place of the pleadings in the case and shall be filed of record.

CRITICALCivil cases

Applies to

Discontinuance praecipe

A discontinuance may be entered by a written praecipe signed by the plaintiff’s attorney or self-represented plaintiff, provided all costs due to the Prothonotary have been paid.

A discontinuance may also be entered by a written direction (praecipe) to the Prothonotary if it is signed by the plaintiff’s attorney or by a self-represented plaintiff and the same shall be accepted by the Prothonotary if all costs due the Prothonotary have been paid.

CRITICALCivil cases

Applies to

Motion or petition

Motions and petitions must include a Notice of Hearing/Argument in substantially the subsection (5) format, subject to the stated exception, and the Court has discretion whether to grant it.

(a) A motion or petition, requesting an Order of Court, with the exception of cases falling within B.C.L.R. 206.4(c), shall include a Notice of Hearing/Argument, (substantially in the format in subsection (5)), the granting of which shall be discretionary with the Court, and a Proposed Order granting the requested relief citing the specific statute or rule which authorizes the requested relief.

CRITICALCivil cases

A grandparent who is not in loco parentis and seeks physical or legal custody under 23 Pa.C.S. §5323 must plead facts establishing standing under §5324(3).

If the plaintiff is a grandparent who is not in loco parentis to the child and is seeking physical and/or legal custody pursuant to 23 Pa.C.S.§5323, you must plead facts establishing standing pursuant to 23 Pa.C.S. §5324(3).

CRITICALCivil cases

Applies to

Request for court hearing

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

I verify that the statements made in this request for Court hearing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.§4904 relating to Unsworn Falsification to Authorities.

CRITICALCivil cases

Applies to

Motion or petition

A motion or petition based on a statute or court rule must cite the authority for the requested relief.

Any motion or petition based upon a statute or rule of court shall cite the specific statute or rule which authorizes the requested relief.

CRITICALCivil cases

Applies to

Conciliation conference

The defendant must bring proof of income, proof of expenses and debt, and the Act 91 Notice and other documents received about the foreclosure to the conciliation conference.

The Defendant shall come to the conciliation conference prepared to provide the following: i. proof of income from all sources (i.e. pay stubs, social security disability letter of determination, workers compensation letter of determination, annual income tax returns, child and spousal support orders, etc.) ii. proof of expenses and debt statements (i.e. regular monthly mortgage payment, water/sewer bills, electricity bill, heating bill, telephone bills, cable bill, credit card bills, tuition and day care expenses, etc.); and, iii. Act 91 Notice and any other documents you have received regarding this mortgage foreclosure.

CRITICALCivil cases

Applies to

Arbitration scheduling request

The arbitration scheduling request includes a certification that the case is ready for trial and that readiness has been confirmed with all counsel of record.

I CERTIFY ON BEHALF OF _____, THIS CASE IS READY IN ALL RESPECTS FOR TRIAL, HAVING CONFIRMED SAME WITH ALL COUNSEL OF RECORD.

CRITICALCivil cases

Applies to

Proposed order

The proposed order must substantially follow the form prescribed in subdivision (6).

(6) The form of order required by subdivision (2) shall be substantially in the following form:

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must be accompanied by a supporting brief.

Motions for Judgment on the Pleadings, accompanied by a supporting brief, shall be filed with the Prothonotary and forwarded to the assigned judge.

CRITICALCivil cases

Applies to

Pretrial conference narrative

A formal narrative is required for the pretrial conference.

PRETRIAL CONFERENCE – A conference among counsel, the Court and such other persons as directed to be present or permitted to attend by the judge. The purpose shall be to discuss the posture of the case, including settlement, in an effort to prepare the case for trial. A formal narrative is required for this conference. See Pa. R. Civ. P. 212.2 - 212.3.

CRITICALCivil cases

Applies to

Custody form

The form requires listing all persons and addresses where the children resided during the past five years, along with dates.

During the past five years, the child(ren) has/have resided with the following persons and at the following addresses: List all persons List all addresses Dates

CRITICAL

Applies to

Special relief motion

For a Special Relief motion concerning a temporary or recommended custody order, the Petitioner must show why the arrangement is sufficiently harmful to warrant intervention outside the standard custody process.

Where such a motion is filed concerning a temporary or recommended order of custody, the Petitioner must show why the custody arrangement is so harmful to the child to warrant Court intervention apart from the standard custody process.

CRITICALCivil cases

Applies to

Pretrial conference narrative

A formal narrative is required for the pretrial conference.

A formal narrative is required for this conference.

CRITICALCivil cases

Applies to

Custody action

Custody actions must be commenced by filing a verified complaint and scheduling order (Form 1).

All actions for custody, partial custody and supervised physical custody of minor children, including divorce complaints, shall be commenced by the filing of a verified complaint and scheduling order as required by Pa. R.C.P. 1915.3 and Local Rule 1915.3 (Form 1).

CRITICALCivil cases

Applies to

Discovery

If discovery is not provided at the conciliation conference, the Plaintiff must provide all discovery within 60 days after the conference.

If discovery is not provided at the conciliation conference, Plaintiff will provide all discovery within sixty (60) days of the conference.

CRITICALCivil cases

Applies to

Conciliation conference materials

The Plaintiff must bring the signed contract, an itemized breakdown of charges, and written proof of any assignments to the conciliation conference.

The Plaintiff shall come to the conciliation conference prepared to provide proof of damages in the form of the contract signed by the Defendant, an itemized breakdown of charges, and written proof of any assignments that have taken place.

CRITICAL

Applies to

Consent agreement

Any agreement reached at the Intake Conference must be reduced to a Consent Agreement using Form 2.

b) All agreements reached at Intake Conference shall be reduced to a Consent Agreement. (FORM 2).

CRITICALCivil cases

Applies to

Conciliation conference materials

The Plaintiff must be prepared at the conciliation conference to provide the signed contract, the last billing statement, and written proof of any assignments as proof of damages.

The Plaintiff shall come to the conciliation conference prepared to provide proof of damages in the form of the contract signed by the Defendant, the last billing statement sent by the Plaintiff or its predecessor, and written proof of any assignments that have taken place.

CRITICALCivil cases

Applies to

Arbitration scheduling request

A party praeciping a matter to the Arbitration List must file an Arbitration Scheduling Request.

Either party may praecipe the matter to the Arbitration List by filing such with the Prothonotary no earlier than thirty (30) days from the close of the pleadings by filing an Arbitration Scheduling Request. See ATTACHMENT “E”.

CRITICALCivil cases

Applies to

Written notice of payment

The Plaintiff or the Plaintiff’s attorney of record must notify the assigned Judge and Court Administration in writing that the fee was paid.

The Plaintiff or the Plaintiff’s attorney of record shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment.

CRITICALCivil cases

The action must name each parent whose parental rights have not been terminated and the person with physical custody of the child as parties.

Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ren) have been named as parties to this action.

CRITICALCivil cases

Applies to

Pretrial conference order

The pretrial conference notice must be included in an order issued by the trial judge.

Notice of the pretrial conference shall be contained within an order issued by the trial judge.

CRITICALCivil cases

Applies to

Pretrial conference order

The pretrial conference order must record the conference’s actions and specified agreements and matters, and set dates for pretrial filings, voir dire questions, and argument if appropriate.

At the conclusion of the conference, the judge shall make an order reciting the actions taken at the conference, including the agreements made by the parties as to any of the matters considered, the issues of trial and the admissions of fact obtained at the conference. The pretrial conference Order shall include a date for the filing of any pretrial motions and supporting briefs, voir dire questions, and a scheduled date for argument if appropriate.

CRITICALCivil cases

Applies to

Arbitration scheduling request

The arbitration scheduling request includes a certification that the case is trial-ready, counsel have been consulted, and the original form has been filed with copies provided as stated.

I CERTIFY ON BEHALF OF ____________________________, THIS CASE IS READY IN ALL RESPECTS FOR TRIAL, HAVING CONFIRMED SAME WITH ALL COUNSEL OF RECORD. THIS ORIGIANL FORM HAS BEEN FILED WITH THE PROTHONOTARY THIS DATE WITH A COPY TO THE COURT ADMINISTRATOR AND ALL COUNSEL OR PARTY OF RECORD.

CRITICALCivil cases

Applies to

Conciliation conference materials

The Plaintiff must bring proof of the mortgage default and the exact amount, including costs and penalties, required to bring the mortgage current; failure precludes recovery of later interest.

The Plaintiff shall come to the Conciliation Conference prepared to provide proof of the defaulted mortgage and the exact amount, including costs and penalties, needed to bring the mortgage current as of that date. Failure to do so will preclude the recovery of any interest due on the mortgage after that date.

CRITICALCivil cases

Applies to

Certification of premises as owner occupied and request for conciliation conference

Program participation requires filing the attached owner-occupied premises certification and request for a conciliation conference.

To participate in the program, you must file the attached Certification of Premises as Owner-Occupied and Request for Conciliation Conference with the Blair County Prothonotary within ten (10) days of the date of this Order to have a conference scheduled.

CRITICALCivil cases

Applies to

Motion or petition

Except for cases under B.C.L.R. 206.4(c), a motion or petition requesting an Order of Court must include a Notice of Hearing/Argument, substantially in the specified format; granting it is discretionary with the Court.

(a) A motion or petition, requesting an Order of Court, with the exception of cases falling within B.C.L.R. 206.4(c), shall include a Notice of Hearing/Argument, (substantially in the format in subsection (5)), the granting of which shall be discretionary with the Court, and a Proposed Order granting the requested relief citing the specific statute or rule which authorizes the requested relief.

CRITICALCivil cases

Applies to

Initial pleading

An initial pleading in a civil action must be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet.

(1) For the initial pleading in any civil action, the pleading shall be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet which can be found at http://www.pacourts.us/forms/for-the-public.

CRITICALCivil cases

Applies to

Written payment notice

The Plaintiff or the Plaintiff’s attorney of record must give written notice of payment to the assigned Judge and Court Administration or its designee.

The Plaintiff or the Plaintiff’s attorney of record shall notify in writing the assigned Judge and Court Administration, or its designee, of such payment.

CRITICALCivil cases

Applies to

Proposed points for charge

Each attorney must submit proposed points for charge at least ten days before the summary jury is selected.

The attorneys shall each submit proposed points for charge to the Court no later than ten (10) days prior to the selection of the summary jury.

CRITICALCivil cases

Other known persons who have or claim custody rights must be given notice of the action and their right to intervene.

All other persons, named below, who are known to have or claim a right to custody of the child(ren) will be given notice of the pendency of this action and the right to intervene:

CRITICALCivil cases

Applies to

Arbitration hearing notice

The written arbitration hearing notice must state the hearing date, time, and place and include the specified warning about a hearing before a judge if a party is absent and the lack of a right to trial de novo.

(c) Notice – Pursuant to Pa.R.Civ.P. 1303, Court Administration, or its designee, shall give to the parties or their attorneys of record and the assigned judge at least thirty (30) day notice in writing of the date, time and place of the arbitration hearing. (1) The written notice required under subsection (b) of this provision shall include the following statement: “THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED BUT, IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.”

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings filed without a supporting brief will be dismissed by court order.

If a Motion for Judgment on the Pleadings is filed without a supporting brief, the motion will be dismissed by Order of Court.

CRITICALCivil cases

Applies to

Judgment on the pleadings motion

A motion for judgment on the pleadings must be accompanied by a supporting brief when filed.

Motions for Judgment on the Pleadings, accompanied by a supporting brief, shall be filed with the Prothonotary and forwarded to the assigned judge.

CRITICALCivil cases

Applies to

Conciliation conference materials

The Defendant must be prepared to provide proof of income from all sources, proof of expenses and debt statements, and the Act 91 Notice and other received mortgage-foreclosure documents at the conciliation conference.

The Defendant shall come to the Conciliation Conference prepared to provide the following: 1. Proof of income from all sources (i.e. pay stubs, social security disability letter of determination, workers compensation letter of determination, annual income tax returns, child and spousal support orders, etc.) 2. Proof of expenses and debt statements (i.e. regular monthly mortgage payment, water/sewer bills, electricity bill, heating bill, telephone bills, cable bill, credit card bills, tuition and day care expenses, etc.); and 3. Act 91 Notice and any other documents you have received regarding this mortgage foreclosure.

CRITICAL

Applies to

Consent agreement

When a Consent Agreement is reached, the form must be completed and signed.

e) A Consent Agreement form will be completed and signed when reached.

CRITICALCivil cases

Applies to

Conciliation conference materials

The Defendant must bring this order, any subsequent orders, and other information helpful to resolving the matter to the conciliation conference.

The Defendant shall come to the conciliation conference with a copy of this order and any subsequent orders and any other information helpful to achieving a resolution of the matter.

CRITICALCivil cases

Applies to

Judgment on the pleadings motion

A motion for judgment on the pleadings filed without a supporting brief will be dismissed by court order.

If a Motion for Judgment on the Pleadings is filed without a supporting brief, the motion will be dismissed by Order of Court.

CRITICALCivil cases

Applies to

Conciliation conference

The plaintiff must bring proof of the mortgage default and the amount needed to bring the mortgage current; otherwise, interest accruing after that date cannot be recovered.

The Plaintiff shall come to the conciliation conference prepared to provide proof of the defaulted mortgage AND and the exact amount, including costs and penalties, needed to bring the mortgage current as of that date. Failure to do so will preclude the recovery of any interest due on the mortgage after that date.

CRITICALCivil cases

Applies to

Summary judgment motion

A summary judgment motion filed without a supporting brief will be dismissed by court order.

If a motion for summary judgment is filed without a supporting brief, the motion will be dismissed by Order of Court.

CRITICALCivil cases

Applies to

Motion or petition

Must include

proposed order

Counsel must prepare and submit a proposed order granting the requested relief with every motion or petition.

Counsel shall always prepare and submit with any motion or petition a proposed order granting the requested relief.

CRITICALCivil cases

Applies to

Continuance request

Continuance requests for Domestic Relations, Juvenile Probation, and Custody Proceedings must be filed with their respective departments.

Continuances for Domestic Relations, Juvenile Probation and Custody Proceedings shall be filed with the respective departments.

CRITICALCivil cases

Applies to

Custody form

Do not put children's names or dates of birth on the form; identify them by numerals or initials corresponding to the attached Confidential Information Form.

***Do not list names and date of birth of children on this form, identify by numerals or initials corresponding to attached Confidential Information Form.

CRITICALCivil cases

Applies to

Conciliation conference materials

At the conciliation conference, the Plaintiff must be prepared to provide the signed contract, the last billing statement, and written proof of any assignments as proof of damages.

The Plaintiff shall come to the conciliation conference prepared to provide proof of damages in the form of the contract signed by the Defendant, the last billing statement sent by the Plaintiff or its predecessor, and written proof of any assignments that have taken place.

CRITICALCivil cases

Applies to

Written arbitration hearing notice

The written arbitration hearing notice must include the specified warning about an absent party and the lack of a right to trial de novo after a judge’s decision.

The written notice required under subsection (b) of this provision shall include the following statement:     “THIS MATTER WILL BE HEARD BY A BOARD OF ARBITRATORS AT THE TIME, DATE AND PLACE SPECIFIED BUT, IF ONE OR MORE OF THE PARTIES IS NOT PRESENT AT THE HEARING, THE MATTER MAY BE HEARD AT THE SAME TIME AND DATE BEFORE A JUDGE OF THE COURT WITHOUT THE ABSENT PARTY OR PARTIES. THERE IS NO RIGHT TO A TRIAL DE NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE.”

CRITICALCivil cases

Applies to

Initial pleading

An initial pleading in a civil action must be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet.

- (1) For the initial pleading in any civil action, the pleading shall be accompanied by a completed Pennsylvania Rule of Civil Procedure 205.5 Cover Sheet which can be found at http://www.pacourts.us/forms/for-the-public.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel’s signed certificate describing efforts to confer with interested parties, or the Court will refuse to hear it.

All motions relating to discovery shall include a certificate signed by counsel for the moving party that counsel for that party has conferred or attempted to confer with all interested parties in order to resolve the matter without court action, and shall set forth the nature of the efforts made to resolve the matter. Failure to comply with the foregoing shall result in the refusal of the Court to hear the motion.

CRITICALCivil cases

A person seeking physical or legal custody as someone who stands in loco parentis must plead facts establishing standing under 23 Pa.C.S. §5324(2).

If the plaintiff is a person seeking physical and/or legal custody pursuant to 23 Pa.C.S.§5324(2) as a person who stands in loco parentis to the child, you must plead facts establishing standing:

CRITICALCivil cases

Applies to

Motion

An Order for Argument must be attached to the motion.

An Order for Argument shall be attached to the motion.

CRITICALCivil cases

Applies to

Continuance request

A continuance request must certify that the client was notified and does not oppose it.

Any continuance request shall contain certification that the client has been notified and does not oppose the request.

CRITICALCivil cases

Applies to

Pretrial conference order

(c) Notice of the pretrial conference shall be contained within an order issued by the trial judge. Notice shall be provided in most cases at least thirty (30) days in advance of the pretrial.

(c) Notice of the pretrial conference shall be contained within an order issued by the trial judge. Notice shall be provided in most cases at least thirty (30) days in advance of the pretrial.

CRITICALCivil cases

Applies to

Prehearing pretrial narrative

The parties or counsel must submit a prehearing/pretrial narrative with the listed information; the list is non-exhaustive, and failure to file may result in contempt, a fine, or other sanctions after a hearing.

- 4) 10 days prior to the prehearing/pretrial conference, the parties and/or counsel shall submit to the Prothonotary office a narrative, including but not limited to the following: - (i) Names and addresses of all witnesses, including experts. - (ii) Copies of all exhibits - (iii) A detailed proposed custody arrangement for both parties that encompasses time with both parents. The arrangements should be prepared from the perspective that each party would consider the proposal reasonable if it applied to them. - (iv) requested stipulation of facts and anticipated length of trial - (v) Statement if needed regarding unique circumstances of the case which will require a time allotment of more than one half day of trial, as per Blair County Administrative Order. If no narrative is filed, the offending party could be found in contempt by the Court after hearing, and fined or sanctioned by the Court.

CRITICALCivil cases

Applies to

Mortgage foreclosure notice

In every mortgage foreclosure action, the Defendant must receive an urgent notice to participate in the Mortgage Foreclosure Program and the Homeowner-Occupied Certification and request for Conciliation Conference form.

In all cases initiated by the filing of a Mortgage Foreclosure Complaint, the Defendant shall receive an “urgent notice” to participate in the Mortgage Foreclosure Program and the Homeowner-Occupied Certification and request for Conciliation Conference form. See ATTACHEMNT “D” and “D-1.”

CRITICAL

Applies to

Special relief motion

A party may request Special Relief only after a custody complaint has been filed or a Court Order is in effect, and the motion must state facts showing immediate danger of physical injury or serious emotional harm to the child.

Before a party can request Special Relief, a complaint for custody must be filed or a Court Order must be in effect. At any time during the custody process, a party may file a Motion for Special Relief setting forth facts as to why the child is in immediate danger of physical injury or serious emotional harm.

CRITICALCivil cases

Applies to

Pretrial narrative

A narrative is required for the first pretrial.

(d) Narratives shall be required for the first pretrial

CRITICALCivil cases

Applies to

Praecipe to mark judgment satisfied

After the judgment debt is paid in full, the Plaintiff must file a praecipe to mark the judgment satisfied.

Upon payment in full of the judgment debt, the Plaintiff shall file a praecipe to mark judgment as satisfied with the Blair County Prothonotary, and provide a copy of such praecipe to the Defendant(s) or his/her/their legal counsel.

CRITICALCivil cases

Applies to

Praecipe

After the judgment debt is paid in full, the plaintiff must file a praecipe to mark the judgment satisfied.

Upon payment in full of the judgment debt, the Plaintiff shall file a praecipe to mark judgment as satisfied with the Blair County Prothonotary, and provide a copy of such praecipe to the Defendant(s) or his/her/their legal counsel.

CRITICALCivil cases

Applies to

Preliminary objections

The moving party must file a supporting brief with the Prothonotary within 20 days after filing preliminary objections.

The moving party must file a supporting brief with the Prothonotary, no later than twenty (20)days after filing the Preliminary Objections.

CRITICALCivil cases

Applies to

Discontinuance

Counsel must provide Court Administration a copy of the discontinuance when providing the original to the Prothonotary.

Counsel shall provide a copy of the discontinuance to Court Administration simultaneous with providing the original to the Prothonotary.

CRITICALCivil cases

Applies to

Request for evidentiary hearing trial

The request form must identify the specific issues for consideration at the evidentiary hearing or trial.

The request form must be served on the other counsel/party with the specific issues identified for consideration in the evidentiary hearing/trial.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel’s signed certificate describing conferral efforts with all interested parties, or the Court will refuse to hear it.

All motions relating to discovery shall include a certificate signed by counsel for the moving party that counsel for that party has conferred or attempted to confer with all interested parties in order to resolve the matter without court action, and shall set forth the nature of the efforts made to resolve the matter. Failure to comply with the foregoing shall result in the refusal of the Court to hear the motion.

CRITICALCivil cases

Applies to

Pretrial narrative

The pretrial narrative must include the specified facts, damages, witnesses, expert reports, issues, trial estimate, scheduling problems, settlement information, and anticipated exhibits.

The narrative shall contain the following: - (1) A brief summary of the facts: - (2) All items of economic damages which the Plaintiff intends to prove, including medical bills, property damages bills and loss of earnings; - (3) The names and addresses of all persons who may be called as witnesses, classifying them as liability and/or damage witnesses; - (4) Copies of all reports of any expert who treated, examined, or was consulted in connection with the injuries complained of, and who may be called as an expert witness. - (5) Copies of all reports of any expert whose opinion will be offered in evidence at the time of trial. Such reports shall include the findings and conclusions of the expert; - (6) Any special legal or evidentiary issues; - (7) The estimated length of trial; - (8) Any scheduling problems; - (9) The settlement demand and any responsive offers; and - (10) A list of anticipated exhibits to be used at the time of trial.

WARNING

Applies to

Parenting arrangement

As to 2)(v) Each party shall prepare a parenting arrangement that encompasses time with both parents. The arrangements should be prepared from the perspective that each party would consider either side of the proposal reasonable were they in the position of the other party.

As to 2)(v) Each party shall prepare a parenting arrangement that encompasses time with both parents. The arrangements should be prepared from the perspective that each party would consider either side of the proposal reasonable were they in the position of the other party.

WARNINGCivil cases

Applies to

Continuance request

Continuances in Domestic Relations, Juvenile Probation, and Custody Proceedings must be filed with the respective departments.

Continuances for Domestic Relations, Juvenile Probation and Custody Proceedings shall be filed with the respective departments.

WARNINGCivil cases

Applies to

Order for argument

If argument is granted, Court Administration determines its date, time, and location, and the judge signs an order.

(7) If argument is granted, the date, time, and location of the argument is determined by Court Administration and an Order signed by the judge.

WARNINGCivil cases

Applies to

Continuance pro forma

Continuance pro formas are prescribed by the Court and must be obtained from Court Administration.

Continuance pro formas shall be prescribed by the Court and obtained from Court Administration.

WARNINGCivil cases

Applies to

Order for argument

If argument is granted, Court Administration determines its date, time, and location, and an order is signed by the judge.

If argument is granted, the date, time, and location of the argument is determined by Court Administration and an Order signed by the judge.

WARNINGCivil cases

Applies to

Narrative statement

In the discretion of the Court, counsel may be required to file narrative statements which will be read to the jury at the start of the summary jury trial. Such narrative statements shall consist of a brief (1-2 pages) description of each party’s position on the facts and the law.

In the discretion of the Court, counsel may be required to file narrative statements which will be read to the jury at the start of the summary jury trial. Such narrative statements shall consist of a brief (1-2 pages) description of each party’s position on the facts and the law.

WARNINGCivil cases

Applies to

Pa r civ p 1305 b document

Generally, each document submitted under Pa. R. Civ. P. 1305(b) must identify the name and present address of the information provider.

(b) Generally every document submitted pursuant to Pa. R. Civ. P. 1305(b) shall state the name and present address of the individual or entity that provided the information contained in the document.

WARNINGCivil cases

Applies to

Proposed voir dire

Should counsel wish the Court to ask additional voir dire questions, they should submit proposed voir dire for the Court's use no later than ten (10) days prior to the jury selection date.

Should counsel wish the Court to ask additional voir dire questions, they should submit proposed voir dire for the Court's use no later than ten (10) days prior to the jury selection date.

WARNINGCivil cases

Applies to

Agreement of reference

Cases may be referred to arbitration through an Agreement of Reference signed by all parties or their counsel and filed of record; the agreement replaces the pleadings and may include specified stipulations.

Cases, regardless of amount or subject in controversy, may be referred to a Board of Arbitrators by Agreement of Reference signed by all parties or their counsel, and may contain stipulations with respect to facts submitted or agreed upon or defense in such cases, the Agreement of Reference shall take the place of the pleadings in the case and shall be filed of record.

WARNINGCivil cases

Applies to

Custody form

List additional children on the form as necessary.

List additional children as necessary.

WARNINGCivil cases

Applies to

Discontinuance

Failure of plaintiff's counsel or a self-represented plaintiff to file a discontinuance upon settlement or withdrawal of such action may result in a fine of up to one hundred dollars ($100.00) within the discretion of the Court and/or a hearing will be set for the attorney or self-represented plaintiff to explain the reasons for their failure to discontinue the action.

Failure of plaintiff's counsel or a self-represented plaintiff to file a discontinuance upon settlement or withdrawal of such action may result in a fine of up to one hundred dollars ($100.00) within the discretion of the Court and/or a hearing will be set for the attorney or self-represented plaintiff to explain the reasons for their failure to discontinue the action.

WARNINGCivil cases

Applies to

Discontinuance

A discontinuance should be filed when an action settles or is withdrawn; failure to do so may result in a fine of up to $100 and/or a hearing.

Failure of plaintiff’s counsel or a self-represented plaintiff to file a discontinuance upon settlement or withdrawal of such action may result in a fine of up to one hundred dollars ($100.00) within the discretion of the Court and/or a hearing will be set for the attorney or self-represented plaintiff to explain the reasons for their failure to discontinue the action.

WARNINGCivil cases

Applies to

Proposed voir dire questions

Should counsel wish the Court to ask additional voir dire questions, they should submit proposed voir dire for the Court’s use no later than ten (10) days prior to the jury selection date.

Should counsel wish the Court to ask additional voir dire questions, they should submit proposed voir dire for the Court’s use no later than ten (10) days prior to the jury selection date.

WARNINGCivil cases

Applies to

Document submitted under pa rule 1305 b

Generally, each document submitted under Pa. R. Civ. P. 1305(b) should state the name and present address of the information provider.

Generally every document submitted pursuant to Pa. R. Civ. P. 1305(b) shall state the name and present address of the individual or entity that provided the information contained in the document.

WARNING

Applies to

Request for evidentiary hearing

The request form must identify the specific issues for consideration.

with the specific issues identified for consideration

WARNINGCivil cases

Applies to

Continuance request

Continuance pro formas are prescribed by the Court and must be obtained from Court Administration.

Continuance pro formas shall be prescribed by the Court and obtained from Court Administration.

WARNINGCivil cases

Applies to

Additional voir dire

(13) If counsel desire any additional voir dire, it should be submitted to the Court at least ten (10) days prior to jury selection.

(13) If counsel desire any additional voir dire, it should be submitted to the Court at least ten (10) days prior to jury selection.

WARNINGCivil cases

Applies to

Discontinuance

A discontinuance may be entered by a praecipe signed by the plaintiff's attorney or self-represented plaintiff, provided all costs due the Prothonotary have been paid.

A discontinuance may also be entered by a written direction (praecipe) to the Prothonotary if it is signed by the plaintiff's attorney or by a self-represented plaintiff and the same shall be accepted by the Prothonotary if all costs due the Prothonotary have been paid.

WARNINGCivil cases

Applies to

Narrative statement

In the discretion of the Court, counsel may be required to file narrative statements which will be read to the jury at the start of the summary jury trial. Such narrative statements shall consist of a brief (1-2 pages) description of each party's position on the facts and the law.

In the discretion of the Court, counsel may be required to file narrative statements which will be read to the jury at the start of the summary jury trial. Such narrative statements shall consist of a brief (1-2 pages) description of each party's position on the facts and the law.

INFOCivil cases

Applies to

Status conference

Written narratives need not be filed for status conferences.

(d) No written narratives need be filed for status conferences.

INFOCivil cases

Applies to

Status conference

Written narratives are not required for status conferences.

(d) No written narratives need be filed for status conferences.