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

CRITICALCivil cases

Applies to

Media deposition

The proponent must retain media depositions presented at trial and submit a transcript simultaneously as an exhibit.

(d) Media depositions presented at trial shall remain in the proponent’s possession. The proponent shall simultaneously submit a transcript of the deposition as an exhibit.

CRITICALCivil cases

Applies to

Continuance motion

A continuance motion based on a calendar conflict with an appearance in another court must include that court’s scheduling order or notice.

All motions for continuances based upon a calendar conflict due to an appearance scheduled in another court must include a copy of the scheduling order or notice issued by the other court.

CRITICALCivil cases

Applies to

Pre trial statement

A pre-trial statement must estimate the time needed to present that party’s case in chief.

In addition, the pre-trial statement shall set forth an estimate of the length of time which will be required to present the party’s case in chief.

CRITICALCivil cases

Applies to

Notice to defend

A notice to defend for a Cameron County matter must identify the Cameron County Prothonotary and provide the listed courthouse address and telephone number as the contact for legal-help information.

b. For matters filed in Cameron County: Cameron County Prothonotary Cameron County Courthouse 20 East Fifth Street Emporium, PA 15834 (814) 486-3349

CRITICALCivil cases

Applies to

Pleading

Must include

caption, case number

Except for pleadings requiring a Notice to Defend, the first page of each pleading must be an identification sheet following Appendix A’s format and containing the specified court, party, case, pleading, and counsel information.

The first page of any pleading filed, except a pleading requiring a Notice to Defend, shall be an identification sheet, setting forth the following information and typed according to the format presented in Appendix A. a. In capital letters, centered from left to right margin: “IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYLVANIA.” b. In capital letters, on the left side of center, the complete names of all parties (if the party filing the attached pleading has made a previous filing, an appropriate and obvious shortened caption may be used). c. Type on the right side of center: i. The county branch, either Cameron or Elk. ii. The type of action, i.e., Civil, Criminal, Orphans’ Court Division. *Note: The word Division shall not be used except for “Orphans’ Court Division.” iii. The docket number, if assigned, beginning with the year, i.e., 2007-XXX. iv. The name of the pleading. v. The specific type of action in Civil cases, e.g. Divorce, Custody, etc. or in Orphans’ Court cases, e.g., Adoption vi. The completed statement “Filed on behalf of _ (party’s name and relationship to case). vii. The completed statement showing the name, address, and telephone number of counsel of record.

CRITICALCivil cases

Applies to

Proposed order

A proposed order scheduling motion argument must include the specified phrase stating the hours allotted for argument.

The proposed order scheduling an argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

CRITICALCivil cases

Applies to

Divorce complaint

A divorce complaint containing a child-support count must allow the Domestic Relations Section to assign a separate domestic relations number.

Each complaint in divorce that contains a count for child support shall allow for a separate domestic relations number to be assigned by the Domestic Relations Section.

CRITICALCivil cases

Applies to

Claims referred to permanent master

Claims for equitable distribution, alimony, alimony pendente lite, attorney’s fees, and costs must be raised of record before referral to a permanent master for hearing.

All claims for equitable distribution, alimony, alimony pendente lite, attorney’s fees and costs must be raised of record before being referred to a permanent master for hearing.

CRITICALCivil cases

Applies to

Civil trial list filing

Must include

certificate of service

To place a case on the civil trial list, a party must file a certificate of readiness, a praecipe to list, and a certificate of service showing service on all other interested parties or counsel of record.

Cases shall be placed on the civil trial list by filing a certificate of readiness and a praecipe to list with the Prothonotary, along with a certificate of service showing service on all other parties in interest or their counsel of record.

CRITICALCivil cases

Applies to

Exhibit

The proponent must give the custodian the applicable confidentiality form when introducing an exhibit containing confidential information or documents.

(d) The proponent shall include a Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the proponent to the custodian at the time the evidence is introduced.

CRITICALCivil cases

Applies to

Proposed order

The proposed hearing-scheduling order must include the phrase “hour(s) is allotted for the hearing.”

The proposed order scheduling a hearing on the petition shall include the phrase “ hour(s) is allotted for the hearing.”

CRITICALCivil cases

Applies to

Order accompanying custody complaint

The accompanying order must follow Pa.R.C.P. 1915.16, must not require children to appear at the custody conference, and must direct the parties to appear at the specified Domestic Relations Section location.

The order accompanying said complaint shall be in the form prescribed in Pa.R.C.P. 1915.16, except that the order in custody matters shall not require the children to appear at the custody conference. The order shall direct the parties to appear for a conference at nd the Domestic Relations Section, 2 Floor, Elk County Courthouse Annex, 300 Center Street, Ridgway, PA (see L1915.15.).

CRITICALCivil cases

Applies to

Stipulation for mediation

When the parties agree mediation is appropriate, they must file and submit to the Court a mediation stipulation signed by all parties and counsel.

Upon agreement of the parties that mediation would be appropriate for resolution of a case, a “stipulation for mediation” requesting a mediation conference and signed by all parties and counsel shall be filed of record and submitted to the Court.

CRITICALCivil cases

Applies to

Petition

A rule to show cause must strictly comply with Pa.R.C.P. 206.4, and its petition must be filed with the Prothonotary before presentation to the Court.

A rule to show cause must strictly comply with Pa.R.C.P. 206.4. As with all other pleadings, a petition for a rule to show cause must be filed with Prothonotary prior to being presented to the Court.

CRITICALCivil cases

Applies to

Motion for summary judgment

Must include

proposed order

A summary-judgment motion must include a proposed order scheduling argument on the motion.

A motion for summary judgment shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order scheduling argument on the motion.

CRITICALCivil cases

Applies to

Transcript request

A party requesting a transcript must present a motion and order identifying the requested record portion and, if less than the entire trial is requested, the relevant date and witnesses.

In all cases where a transcript is requested, the party requesting the transcript must present a motion and order to the Court specifically identifying that portion of the record that is requested, and in the event that less than all of the trial is to be transcribed, the date and witnesses that are requested.

CRITICALCivil cases

Applies to

Proposed dismissal notice

A proposed-dismissal notice must state the proposed termination date and how to avoid termination.

The notice shall contain the date of the proposed termination and the procedure to avoid termination.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition must include a proposed order scheduling the hearing.

Petitions shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the hearing.

CRITICALCivil cases

Applies to

Custody pretrial statement

Before the custody pretrial conference, the parties must complete and submit a pretrial statement to the Court and the opposing party.

Prior to the custody pre-trial conference, the parties shall complete and submit a pre-trial statement to the Court and opposing party.

CRITICALCivil cases

Applies to

Petition

Petitions alleging facts not of record must be verified and endorsed with a notice to plead.

All petitions, which allege facts not of record, must be verified and shall be endorsed with a notice to plead.

CRITICALCivil cases

Applies to

Custody conference agreement

If the parties reach an agreement at the custody conference, the officer must note it or it must be reduced to a proposal signed by both parties, and the agreement must be submitted to the Court for an order.

If an agreement is reached at the custody conference, said agreement shall be noted by the custody conference officer or reduced to a written proposal signed by both parties and shall be submitted to the Court for an order.

CRITICALCivil cases

Applies to

Parenting plan

Before a custody trial, the parties must complete and submit a parenting plan to the Court and the opposing party.

Prior to a custody trial, the parties shall complete and submit a parenting plan to the Court and opposing party.

CRITICALCivil cases

Applies to

Motion for appointment of master

A party seeking appointment of a master must file a motion with the appropriate county Prothonotary, substantially in the form prescribed by Pa.R.C.P. 1920.74.

The party requesting the appointment of a master shall file with the appropriate county Prothonotary a motion for the appointment of a master in substantially the form prescribed in Pa.R.C.P. 1920.74.

CRITICALCivil cases

Applies to

Support claim

Must include

caption

Support claims must be initiated in the appropriate county Domestic Relations Section by filing a complaint.

All claims for support must be initiated in the appropriate county Domestic Relations Section of the Court of Common Pleas of the 59th Judicial District by filing a complaint for

CRITICALCivil cases

Applies to

Proposed order

The proposed argument-scheduling order must include the stated phrase identifying the time allotted for argument.

The proposed order scheduling argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

CRITICALCivil cases

Applies to

Notice to defend

A notice to defend for an Elk County matter must identify the Elk County Prothonotary and provide the listed courthouse address and telephone number as the contact for legal-help information.

The officer to be named in the notice to defend from whom information concerning legal help can be obtained is: a. For matters filed in Elk County: Elk County Prothonotary Elk County Courthouse 240 Main Street Ridgway, PA 15853 (814) 776-5344

CRITICALCivil cases

Applies to

Confidential report

The mediator/judge must submit a confidential report to the trial judge stating whether settlement was reached.

The mediator/judge shall submit a confidential report to the trial judge indicating whether a settlement has been reached.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order

A motion for judgment on the pleadings must be filed with the Prothonotary before presentation and include a proposed order scheduling argument.

A motion for judgment on the pleadings shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order scheduling argument on the motion.

CRITICALCivil cases

Applies to

Exceptions

Must include

proposed order

A proposed order scheduling argument on exceptions must be submitted at the same time as the exceptions are filed.

A proposed order scheduling argument on the exceptions shall be submitted simultaneously with the filing of the exceptions

CRITICALCivil cases

Applies to

Transcript request form

Transcript requests must be submitted on the District Court Administrator's form, which must include all elements required by the Court Administrator of Pennsylvania.

All requests for transcripts shall be submitted on a form provided by the District Court Administrator that will include all elements required by the Court Administrator of Pennsylvania.

CRITICALCivil cases

Applies to

Divorce support agreement

A support agreement reached in a divorce must be set apart from the rest of the divorce agreement and filed with the appropriate county Domestic Relations Section.

If an agreement regarding support is reached pursuant to a divorce, the support agreement shall be specifically set forth apart from the remaining provisions of the divorce agreement and shall be filed in the appropriate county Domestic Relations Section.

CRITICALCivil cases

Applies to

Notice to defend

The notice to defend must name the appropriate officer from whom legal help can be obtained.

The officer to be named in the notice to defend from whom legal help can be obtained is:

CRITICALCivil cases

Applies to

Custody complaint or petition to modify custody

A custody, partial-custody, or visitation complaint, or a petition to modify custody, must use the form prescribed by Pa.R.C.P. 1915.15.

The complaint for custody, partial custody and visitation or a petition to modify custody shall be in the form prescribed by Pa.R.C.P. 1915.15.

CRITICALCivil cases

Applies to

Custody complaint

Custody, partial-custody, and visitation complaints must be filed with the appropriate county Prothonotary and substantially follow the forms prescribed by Pa.R.C.P. 1915.15 and 1915.16.

All complaints for custody, partial custody and visitation are to be filed with the appropriate county Prothonotary and shall be substantially in the form prescribed in Pa.R.C.P. 1915.15 and 1915.16.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A proposed order in the form prescribed by Pa.R.C.P. 206.5 must be attached to a petition for a rule to show cause.

A proposed order of court in the form prescribed by Pa.R.C.P. 206.5 shall be attached to the petition for a rule to show cause.

CRITICALCivil cases

Applies to

Proposed order

The proposed order scheduling argument must include the phrase “hour(s) is allotted for the argument.”

The proposed order scheduling argument on the motion shall include the phrase “ hour(s) is allotted for the argument.”

CRITICALCivil cases

Applies to

Child support services application

A child-support-services application must be completed and submitted to the appropriate county Domestic Relations Section.

An application for child support services must also be completed and submitted to the appropriate county Domestic Relations Section.

CRITICALCivil cases

Applies to

Index of exhibits

The custodian or designee must prepare the exhibit index during the proceedings using a form supplied by Court Administration.

(b) The custodian or designee shall prepare the Index of Exhibits during the court proceedings on a form supplied by Court Administration.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

Preliminary objections must be filed with the Prothonotary and include a proposed argument-scheduling order stating the time allotted for argument.

Preliminary objections shall be filed with Prothonotary and shall include a proposed order scheduling argument on the preliminary objections, including a provision for the time allotted for the argument.

CRITICALCivil cases

Applies to

Request for return of certified copies

Requests to return certified copies of pleadings to the filing party must include the required number of photocopies and a self-addressed, postage-paid mailing envelope.

The required number of photocopies and a self-addressed postage-paid mailing envelope must accompany requests for returning certified copies of pleadings to the filing party.

CRITICALCivil cases

Applies to

Index of exhibits

If a designee prepares the exhibit index, the custodian must obtain it and compare it with the exhibits before filing them.

(1) If a designee is preparing the Index of Exhibits during a proceeding, the custodian shall obtain the Index of Exhibits prepared during the court proceeding from the designee and compare the exhibits in the possession of the custodian with the Index of Exhibits before filings the exhibits in the records office.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each motion requesting relief on matters of record must include a proposed order scheduling argument.

All motions which request relief on matters of record shall be filed with the Prothonotary before being presented to the Court and shall include a proposed order of court for scheduling the argument.

CRITICALCivil cases

Applies to

Request for entry of divorce decree

A divorce decree request incorporating or approving a settlement agreement will be denied unless the claims addressed in the agreement have been raised of record in accordance with 23 Pa.C.S.A. 3104.

The request for the entry of a decree in divorce which includes the approval or incorporation of a settlement agreement shall be denied unless the claims addressed in the settlement agreement, i.e., custody, support, alimony, alimony pendente lite, counsel fees, expenses and costs, and equitable distribution of property, have been raised of record in accordance with 23 Pa.C.S.A. 3104.

CRITICALCivil cases

Applies to

Certificate of readiness

A certificate of readiness must certify completion of pleadings, pretrial discovery, medical examinations and report exchanges, and readiness for trial.

Any party or counsel of record filing a certificate of readiness shall certify thereon that: (1) all pleadings have been completed; (2) all pretrial discovery procedures have been completed; (3) all medical examinations have been completed and medical reports exchanged; and (4) the case is ready for trial.

CRITICALCivil cases

Applies to

Confidential document form

The proponent must give the custodian a Confidential Document Form when introducing evidence so the records office can seal the document.

Pennsylvania shall include a Confidential Document Form so that the document can be properly sealed by the records office. These forms shall be given by the proponent to the custodian at the time the evidence is introduced.

WARNINGCivil cases

Applies to

Proposed order

The prescribed Pa.R.C.P. 206.5 proposed order may not be used to schedule arguments on general motions or preliminary objections, or hearings on petitions that do not comply with Pa.R.C.P. 206.4.

A proposed order of court in the form prescribed by Pa.R.C.P. 206.5 shall not be used to schedule an argument on general motions, preliminary objections, or a hearing on petitions that do not comply with Pa.R.C.P. 206.4.

INFOCivil cases

Applies to

Transcript request form

The transcript request form must be available on the Court's website and at the District Court Administrator's office.

The form shall be made available on the Court’s website at www.co.pa.elk.us/judicial and at the office of the District Court Administrator.