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

CRITICALCivil cases

Applies to

Evidence

If preliminary objections raise factual issues not of record, evidence, including depositions or other evidence, must be filed of record so the objections can be decided.

If the Preliminary Objections raise issues of fact not of record, evidence by way of depositions or otherwise shall be filed of record to enable the objections to be properly decided.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order

All preliminary objections must have an attached proposed order.

A proposed order shall be attached to all preliminary objections.

CRITICALCriminal cases

Applies to

Preliminary arraignment documents

The arresting agency must provide the specified complaint, affidavit, and bail information to the judge by depositing copies at the correctional facility and faxing them to the Magisterial District Court Office.

The arresting agency detaining the Defendant shall provide the Magisterial District Judge with copies of the Criminal Complaint, of the Affidavit of Probable Cause in support thereof, and a copy of the Bail Information Sheet for Overnight Arraignments regarding the defendant’s criminal record and flight risk, and the officer’s bail recommendation, by depositing the same at the Carbon County Correctional Facility and faxing copies to the Magisterial District Court Office.

CRITICALCivil cases

Applies to

Notice to defend

The notice to defend must designate the same person for obtaining legal services as provided in CARB.R.C.P.1018.1.

The person to be designated in the notice to defend as the person from whom legal services can be obtained shall be the same as provided for in CARB.R.C.P.1018.1.

CRITICALCriminal cases

Applies to

Indirect criminal contempt complaint

The complaint must include a summary of the facts that advises the defendant of the nature of the charged offense.

The acts committed by the accused which constitutes indirect criminal contempt were: (set forth a summary of the facts to advise the defendant of the nature of the offense charged.)

CRITICAL

Applies to

Continuance motion

The moving party certifies that the statements in the form are true and acknowledges potential punishment for willfully false statements.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

CRITICALCivil cases

Applies to

Notice to defend

A Notice to Defend must designate North Penn Legal Services or Carbon County Lawyer Referral as a source of legal referral.

As required by Pa.R.C.P.1018.1(c), the following shall be designated in the Notice to Defend as the persons from whom legal referral can be obtained: North Penn Legal Services 101 West Broad Street Hazleton, PA 18201 Phone 1-877-953-4250 Fax (570) 455-3625 or Carbon County Lawyer Referral 73 West Broadway Jim Thorpe, PA 18229 Phone 1-610-379-4950 Fax (610) 379-4952

CRITICAL

Applies to

Speedy trial waiver

Initial the applicable answers:

Initial the applicable answers:

CRITICALCivil cases

Applies to

Proposed preliminary decree

The proposed preliminary decree must provide for allowance of the appeal, specified service and intervention rights, and certification of the Board’s evidence to the Court.

a proposed preliminary decree which shall provide: (A) The appeal is allowed. (B) Within 5 days from the date of the preliminary decree, appellant shall serve a copy of the petition and preliminary decree upon the said board, the governing body of the municipality, and the board of school directors of the school district in which the real estate is situate and upon the property owner, if he is not the appellant. Said service shall be made by either personal service or certified mail, with proof of service thereof to be filed at the Carbon County Prothonotary’s Office. (C) The taxing authorities aforesaid and the property owner, if he is not the appellant, be and are hereby entitled to intervene as parties appellee; and (D) The Carbon County Board of Assessment and Appeals is directed to certify to the Court all evidence including photos, maps, appraisals, submitted below to become part of the Court record.

CRITICALCivil cases

Applies to

Praecipe for writ

A praecipe for a writ must state the volume and page of both the recorded mortgage and the deed conveying the property to the debtor.

The praecipe for the writ shall state the volume and page of the recorded mortgage securing the obligation upon which the judgment was entered, as well as the volume and page of the deed conveying the real property to the debtor.

CRITICALCivil cases

Applies to

Praecipe for argument

A party seeking argument must submit a Praecipe for Argument with the motion, or the respondent must file it within 20 days after service of the preliminary objections.

If a party desires argument, a Praecipe for Argument shall accompany the motion or be filed by the respondent within twenty (20) days of service of the preliminary objections.

CRITICAL

Applies to

Transcript request

A qualifying litigant seeking a full or partial waiver of ordinary-transcript costs must attach a supporting affidavit to the transcript request.

Ordinary transcripts requested by litigants in matters under appeal or where the transcript is necessary to advance the litigation who meet the minimum standards for economic hardship pursuant to Pa. R.J.A. 4008 (B) (1) and (B) (2) shall attach to their transcript request an affidavit in support of any request to waive all or a portion of the transcription costs.

CRITICALCriminal cases

Applies to

Guilty plea colloquy

The defendant should initial each page at the bottom only after reading and understanding that page.

You should also initial each page at the bottom, but only if you have read and have understood that page.

CRITICAL

Applies to

Continuance motion

If applicable, attach a copy of the order of attachment elsewhere.

(Attach copy of order of attachment elsewhere, if applicable;

CRITICALCivil cases

Applies to

Motion cover sheet

Select one filing type on the motion cover sheet.

TYPE OF FILING (check one):

CRITICALCriminal cases

Applies to

Original documents

The arresting agency must deliver or mail all original documents to the specified Magisterial District Court office within 24 hours.

The arresting agency shall be responsible to deliver or mail within twenty-four (24) hours all original documents to the Magisterial District Court office who issued the warrant or within whose jurisdiction the offense occurred.

CRITICAL

Applies to

Civil cover sheet

Enter the defendant’s address and telephone number as of the time the action is filed.

DEFENDANT’S ADDRESS AND TELEPHONE NUMBER: Enter the address and telephone numbers of the parties at the time of filing of the action.

CRITICALCriminal cases

Applies to

Plea colloquy form

Counsel must review and explain the applicable plea colloquy form to the defendant, including the Megan’s Law supplement when required.

When counseling a defendant relative to the entry of a plea of guilty or nolo contendere, counsel shall review and explain to the defendant the contents of the Guilty Plea Colloquy form or Nolo Contendere Colloquy form, which are attached hereto. If the Defendant is charged and to be sentenced under Megan’s Law, counsel shall review the attached Megan’s Law Supplement To Guilty Plea Colloquy form as required by 42 Pa.C.S.A. § 9795.3 (6).

CRITICAL

Applies to

Civil cover sheet

Unrepresented filers must provide their name, address, telephone number, and signature.

Unrepresented filers must provide their name, address, telephone number and signature.

CRITICALCivil cases

Applies to

Order and notice joining party

The order and notice joining a party must be completed in both English and Spanish.

The order and notice joining a party in an action under Pa.R.C.P. 1915.6(a) shall be completed in English and Spanish.

CRITICAL

Applies to

Motion

An uncontested motion must include a certification pursuant to CARB.R.C.P.208.2(d).

If uncontested, a certification pursuant to CARB.R.C.P.208.2(d);

CRITICALCivil cases

Applies to

Divorce or annulment complaint

A divorce or annulment complaint must include the Social Security Number Disclosure Notice in the form provided as Form B.

The Social Security Number Disclosure Notice shall be attached to the divorce or annulment complaint. Said notice shall be in the form set forth in Form "B ".

CRITICAL

Applies to

Civil cover sheet

Use the government agency’s or corporation’s full name as the defendant’s name.

If the defendant is a government agency or corporation, use the full name of the agency or corporation.

CRITICALCivil cases

Applies to

Pre hearing statement

Each pre-hearing statement must contain the specified facts, exhibits, witnesses, appraisal or expert information, valuation positions, settlement statement, and signatures.

The pre-hearing statement shall include: A. A summary of the facts which will be offered by oral and documentary evidence at the hearing; B. A list of exhibits to be offered; C. A list of the names and addresses of all witnesses to be called; D. Copies of any appraisal reports, or if no report is available, a summary of the testimony of any expert who will be called as a witness; E. A statement of the current valuation which is the basis for the appeal; F. A statement setting forth the appellant’s position as to the correct valuation which shall include appellant’s position as to correct market value, assessment ratio, and assessment; G. A statement that there have been negotiations between the parties and a good faith attempt to settle the case; and H. The statement shall be signed by the parties or their counsel.

CRITICALCriminal cases

Applies to

Commitment orders and bail orders

After a remotely conducted preliminary arraignment, copies of orders must be faxed to the correctional facility and originals mailed the next regular business day; for an arraignment at the facility, originals must be provided then.

If the Preliminary Arraignment is conducted by advanced communication technology, upon completion of the Preliminary Arraignment, copies of all commitment orders, bail orders, etc. shall be faxed from the Magisterial District Judge to the Carbon County Correctional Facility and the originals mailed to the Carbon County Correctional Facility on the next regular business day. If the Preliminary Arraignment is conducted at the Correctional Facility, original documents shall be provided to the Carbon County Correctional Facility at the time of the Preliminary Arraignment.

CRITICAL

Applies to

Transcript request

Must include

proposed order

A litigant’s transcript request based on economic hardship must be directed to the Presiding Judge and accompanied by a proposed order granting the requested relief.

Any request by a litigant for a transcript pursuant to Pa.R.J.A. 4007 (E) alleging inability to pay due to economic hardship must be directed to the Presiding Judge for determination as provided in Rule 4008 (B) and shall be accompanied by a proposed order granting the requested relief.

CRITICALCivil cases

Applies to

Auditor report

The auditor must file a written report within 45 days after the hearing concludes and, insofar as practicable, include the specified procedural history, findings, discussion, conclusions, and account.

Within forty-five (45) days after the conclusion of the hearing the auditor shall file a written report which insofar as it is practicable shall contain (i) a history of the proceedings before the auditor, (ii) findings of fact, numbered consecutively, (iii) a concise discussion of the evidence presented and the legal issues involved, (iv) conclusions of law, numbered consecutively, and (v) a statement of the account.

CRITICALCivil cases

Applies to

Answer

When the preliminary objections are endorsed with a Notice to Plead, the adverse party must file an answer.

The adverse party shall file an answer when endorsed with a Notice to Plead.

CRITICALCivil cases

Applies to

Petition

A petition seeking child custody must provide each child’s five-year residence history, including the child’s name, household members, address unless confidential, and dates.

If you are now seeking an Order of child custody as part of this petition, list the following information: (a) Where has each child resided during the past five years? (Please include the Child’s name, person(s) child lived with, address unless confidential, and when.)

CRITICAL

Applies to

Continuance motion

Must include

certificate of service

The continuance form includes a certificate of service.

III. Certificate of Service:

CRITICAL

Applies to

Civil cover sheet

For an action commenced under statutory authority as a Petition Action, cite the specific statute.

STATUTORY BASIS FOR CAUSE OF ACTION: If the action is commenced pursuant to statutory authority ("Petition Action"), the specific statute must be cited

CRITICALCriminal cases

Applies to

Appellate rights form

Before sentencing, the represented defendant and counsel, or the unrepresented defendant, must execute and sign the appellate-rights form; counsel must review and explain it, and counsel’s signature certifies that the defendant understands it to the best of counsel’s knowledge, information, or belief.

(A) Before the sentencing hearing, defendant and his/her counsel, or if unrepresented, the defendant shall execute a form entitled “APPELLATE RIGHTS OF DEFENDANT AFTER SENTENCING”, which is attached hereto. Defendant’s counsel shall review and explain said form to the Defendant. The defendant and defendant’s counsel shall sign this form. Defendant counsel’s signature thereon shall constitute a certification by the attorney that he/she has read, discussed, and explained the form to the defendant, and that to the best of his/her knowledge, information, or belief that his/her client understands the form.

CRITICAL

Applies to

Motion

When filing a motion, provide the Prothonotary’s Office with a self-addressed, stamped envelope for each attorney and unrepresented party so the court order can be served.

Self-addressed, stamped envelopes for each attorney and unrepresented party shall be provided with the filing of the motion to the Prothonotary’s Office for service of the Order of Court.

CRITICALCivil cases

Applies to

Order

The order must include a separate provision for each minor or incapacitated person.

Counsel shall set forth in the Order a separate provision for each minor or incapacitated person.

CRITICALCriminal cases

Applies to

Plea colloquy form

The defendant must initial and sign the forms, and counsel’s signature certifies the stated review, explanation, and understanding.

Such forms shall be initialed and signed by the defendant. Defendant counsel’s signature thereon shall constitute a certification by the attorney that he/she has read, discussed, and explained the plea form and, if required, the Megan Law form to the defendant, and that to the best of his/her knowledge, information, or belief, his/her client understands what he/she is doing by entering his/her plea.

CRITICALCriminal cases

Applies to

Guilty plea colloquy

Most of these questions are designed to be answered “yes” or “no”. Where general information is asked for, however, please answer fully.

Most of these questions are designed to be answered “yes” or “no”. Where general information is asked for, however, please answer fully.

CRITICALCivil cases

Applies to

Petition

The petition must state the time between injury and death, whether the decedent was conscious, and the circumstances before death.

(5) A statement setting forth the following: (a) The time between the injury and death; (b) Whether or not the decedent was conscious, and the circumstances prior to his or her death;

CRITICAL

Applies to

Filing

The Abuse Victim Addendum must accompany a filing containing an abuse victim’s confidential information in the stated circumstances.

The Abuse Victim Addendum shall accompany a filing where confidential information is being provided by an abuse victim, as defined in this policy, in family court actions (see Pa.R.Civ.P. 1931(a)), as required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.

CRITICAL

Applies to

Motion for continuance

If counsel's attachment in another court is the reason for a continuance request, a copy of the attachment must accompany the motion.

When a Motion for Continuance is requested because of counsel's attachment in another Court, a copy of the attachment shall accompany the Motion for Continuance.

CRITICAL

Applies to

Continuance motion

If the defendant consents to the continuance, attach a duly executed waiver of the defendant's speedy-trial right under Pa.R.Crim.P. 600.

If consented to, attached hereto and made a part hereof is a duly executed waiver of defendant's right to a speedy trial under Pa.R.Crim.P. No. 600.

CRITICALCivil cases

Applies to

Petition

A petition seeking child custody must list any other persons known to have or claim custody rights to each child.

If you are now seeking an Order of child custody as part of this petition, list the following information: (b) List any other persons who are known to have or claim a right to cus tody of each child listed above.

CRITICALCivil cases

Applies to

Settlement petition

The settlement petition must state why the settlement is reasonable.

State the reasons why the settlement is a reasonable one;

CRITICALCivil cases

Applies to

Petition

The petition must state the proposed allocation between wrongful death and survival actions and the amount allocated to each beneficiary.

(3) A statement setting forth the proposed allocation between wrongful death and survival actions and the amount proposed to be allocated to each beneficiary;

CRITICALCriminal cases

Applies to

Consent and waiver form

The defendant shall be given due notice at the time of entering the plea by signing the consent and waiver form as attached hereto.

The defendant shall be given due notice at the time of entering the plea by signing the consent and waiver form as attached hereto.

CRITICALCivil cases

Applies to

Verified statement

The filer must submit with the separate praecipe a written statement verified under Pa. R.C.P. 76 that states the cause of action's basis and subject matter and explains how the action affects title to or an interest in the described property.

files with said separate praecipe, a written verified statement, as verified as defined in Pa. R.C.P. 76, setting forth the basis and subject matter of the cause of action and that said action affects the title to the real property so described or of any interest in said real property.

CRITICAL

Applies to

Motion for continuance

Motions shall be filed pursuant to Pa.R.Crim.P. 575 or can be filed by utilizing the attached form titled Motion for Continuance - Criminal.

Motions shall be filed pursuant to Pa.R.Crim.P. 575 or can be filed by utilizing the attached form titled Motion for Continuance - Criminal.

CRITICALCivil cases

Applies to

Distribution petition

The distribution petition must state the original amount of the minor’s fund and its present balance.

The original amount of the minor's fund and the present balance of same; and

CRITICAL

Applies to

Praecipe to strike

If a case settles at least three days before the hearing, the plaintiff or plaintiff’s attorney must file a praecipe to strike the case from the arbitration list because it is settled.

If the case is settled three (3) days or more before the Arbitration hearing, Plaintiff’s attorney/Plaintiff must file at least three (3) days prior to the scheduled Arbitration, a praecipe to strike the case from the arbitration list because the case is settled

CRITICALCivil cases

Must include

proposed order

The enumerated materials for the proposed request include a proposed order, specified prior documents, supporting documentation, and the petitioner’s filed consent.

(A) A proposed Order; (B) A copy of the Original Petition for Compromise and the Order of Distribution; (C) Copies of all prior requests for allowances and the Orders with respect to same; (D) Substantiating documentation to support the proposed request; and (E) A consent filed by the petitioner.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

certificate of service

The motion must have an attached certificate of service conforming to Pa.R.C.P.208.2 (a) (5).

A certificate of service in conformance with Pa.R.C.P.208.2 (a) (5) shall be attached to the motion.