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

362 rules from official source documents

Required elements, certificates, and structural requirements for court documents.

CRITICALCivil cases

Applies to: Post trial motion

Every post-trial motion must specify the grounds relied upon.

(a) All post-trial motions must specify the grounds relied upon.

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CRITICAL

Applies to: Stay request
Must include: proposed order

A party seeking a stay must submit an order for hearing.

The party seeking the stay shall submit an order for hearing.

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CRITICALCivil cases

Applies to: Request for oral argument

C. Any party may request oral argument by filing with the brief a separate “Request for Oral Argument” which shall include the following: 1. The judge to whom the matter is assigned. 2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested. 3. A concise statement setting forth why oral argument is necessary. 4. The date upon which the Praecipe for Determination was filed.

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CRITICAL

Applies to: Temporary custody order

When the parties reach a complete or partial custody agreement, the mediator must promptly prepare and transmit an order stating its terms to the parties and their attorneys, if any.

If the parties reach a complete or partial agreement regarding custody at the mediation, the mediator shall promptly prepare and transmit to the parties and their attorneys, if any, a Temporary Custody Order, setting forth the terms of the parties’ agreement.

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CRITICAL

Applies to: Relocation petition

A relocation petition must include the specified notice and order, pre-trial statement, and copy of the relocation notice and objection.

(1) All petitions seeking relocation shall include a Notice and Order to Appear: Relocation (see Form #19B), a Pre-trial Statement (see Form #12) and a copy of the Notice of Relocation and Objection to Relocation (see Rule 1915.17).

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CRITICAL

Applies to: Motion

A writ is prepared only if the motion specifically requests one, and it must be directed to the custodian named in the motion.

A writ shall be prepared only when specifically requested by the motion, and shall be directed to such custodian as shall be named in the motion.

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CRITICAL

Applies to: Petition

A petition to mortgage or lease real property must conform as closely as practicable to the applicable sale-petition requirements, state the proposed loan’s amount and terms, and provide facts sufficient for the Court to decide whether to approve it.

A petition to mortgage or lease real property by a personal representative, trustee or guardian, shall confirm as closely as practicable to the requirements of these Rules with regard to a petition to sell real property at public sale by the same fiduciary; shall set forth the amount and terms of the proposed mortgage loan; and shall set forth sufficient facts to enable the Court to determine whether the proposed mortgage or lease should be approved.

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CRITICAL

Applies to: Guardian account

A guardian’s account must include, as exhibits, a copy of the guardian’s inventory and the order or decree appointing the guardian.

Guardian’s accounts shall have attached thereto as an exhibit a copy of the guardian’s inventory and a copy of the order or decree appointing the guardian.

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CRITICALCivil cases

Applies to: Administrative conference memorandum

Each party must file and immediately serve an administrative conference memorandum no later than five days before the conference, containing the listed case, damages, legal, discovery, pretrial, and trial-duration information.

No later than five (5) days in advance of the administrative conference, each party shall file with the assigned judge and immediately serve upon all other parties an administrative conference memorandum which shall set forth the following: (1) A brief statement of the nature of the action; plaintiff shall set forth the claim and defendant(s) shall set forth the defenses. (2) A statement of the salient facts of the case. (3) A list of all monetary damages claimed, including lost earnings, loss of future earning capacity, medical expenses (item- ized), etc. and a specification of any relief other than monetary damages being sought. (4) Special comments regarding legal issues or other appropriate matters including specifically setting forth any unique or unusual aspect of the case. (5) A brief statement of the status of all discovery, including a proposed schedule for the completion of discovery, the status of all outstanding pretrial motions and petitions and any further pretrial motions or petitions contemplated and a state- ment of any other pretrial matters requiring resolution prior to the case being ready for trial. Each Party shall submit a proposed pretrial order governing all of the matters set forth in this subparagraph. (6) An estimate of the number of days required for trial.

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CRITICALCivil cases

Applies to: Motion
Must include: proposed order

A moving party generally must file a supporting brief and praecipe for determination with the motion and proposed order; specified uncontested discovery motions and stipulated motions do not require a brief, unless the discovery motion is contested or believed contested.

Generally, a supporting brief, in accordance with C.C.R.C.P. 210, and praecipe for determination in the form described in C.C.R.C.P. 206.6 must be filed by the moving party with the motion and proposed order. No brief is necessary for the following motions: (i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above; (ii) any motion supported by a stipulation of counsel.

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CRITICAL

Applies to: Petition for approval

A petition for approval must comply with the cited statutes and include a rule returnable with separate rule and hearing dates.

(b) Petitions for approval shall be consistent with 23 Pa.C.S.§ 5612 and/or § 5622 and shall be accompanied with a rule returnable including separate rule and hearing dates.

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CRITICAL

Applies to: Guardianship petition

An affidavit proving service of the petition and citation with notice must be filed with the Clerk at least 7 days before the hearing.

An affidavit of service of the petition and the citation with notice shall be filed with the Clerk at least seven (7) days prior to the hearing date.

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CRITICAL

Applies to: Pretrial statement

The pretrial statement form calls for a brief statement of the claims or defense, a concise statement of facts, and any factual and legal issues with applicable citations.

A. Brief Statement of the Claims by moving party or defense by responding party: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ B. Concise Statement of the Facts: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ C. Concise Statement of the Factual and Legal Issues, if any, including citations to applicable statutes and case law, if applicable:

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CRITICALCivil cases

Applies to: Praecipe for determination

The Praecipe for Determination must be filed with the Prothonotary, not the court administrator.

Comment: This praecipe is to be filed with the prothonotary, not the court administrator.

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CRITICAL

Applies to: Motion for appointment of hearing officer
Must include: certificate of service

The movant must file with the motion a certification that opposing counsel or any unrepresented party was served with the motion and all documents required by subsection (b).

The movant shall file, along with the motion for appointment of a Hearing Officer, a certification that opposing counsel or any unrepresented party has been served with a copy of the motion and all other documents required pursuant to subsection (b) hereof.

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CRITICAL

Applies to: Parenting coordinator affidavit

An applicant who has been subject to attorney discipline must provide details on a separate sheet.

________ I have never been subject to attorney discipline. (If Applicant has been subject to discipline, provide details on separate sheet).

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CRITICAL

Applies to: Motion

The motion papers need consist only of the motion and notice of hearing.

Such motions need consist only of a motion and notice of hearing.

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CRITICALCivil cases

Applies to: Appeal

A party filing an appeal with the clerk of courts must file a praecipe for determination or, if an evidentiary hearing is required, a praecipe for hearing.

When an appeal to the Court of Common Pleas is filed with the clerk of courts, a party must file either a praecipe for determination or, if an evidentiary hearing is required, a praecipe for hearing to move the matter before the court.

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CRITICAL

Applies to: Schedule of distribution

A schedule awarding real estate must identify separate awards and describe the property and acquisition of title with deed-level particularity, and include a Recorder-certified copy of the last recorded deed or deeds.

Schedules of distribution shall include separate awards of real estate to the parties entitled thereto, whether individually, or, where the circumstances require, in undivided interests. The real estate so awarded shall be identified by reference to the adjudication in the same detail and with the same particularity as is commonly required to be included in deeds and shall recite how the title was acquired by decedent. A copy of the last recorded deed(s), certified by the Recorder of Deeds, shall also be included.

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CRITICAL

Applies to: Trustee petition for public sale

A trustee’s petition for public sale of real property must set out the specified title, trust, interested-party, property, and sale information in separate paragraphs.

(2) A petition by a trustee to sell real property at public sale, under the Code, shall also set forth in separate paragraphs: (i) How title was acquired, stating the date and place of probate of the will or recording of the deed; (ii) A recital of the relevant provisions of the will or deed pertaining to the real property to be sold, and of the history of the trust; (iii) The names and relationships of all interested parties, a brief description of their respective interests, and whether any of them are deceased, minors, or incapacitated persons, and if so, the names and the record of the appointment of their fiduciaries; (iv) The improvements on the property, by whom it is occupied, its rental value and current tax assessment; (v) That the trustee is not otherwise authorized to sell by the Code, or is denied the power by the trust instrument, or that it is advisable that the sale have the effect of a judicial sale, stating the reason(s); and (vi) Sufficient facts to enable the Court to determine that the proposed sale is for the best interests of the trust.

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CRITICAL

Applies to: Final report

The final report must state whether the defendant’s whereabouts were ascertained and, if the defendant is in military service, whether the defendant is prejudiced by that service.

Within ten (10) days after the hearings before the Hearing Officer have closed, the attorney shall file with the Hearing Officer a final report stating whether or not the defendant’s whereabouts have been ascertained, and if the defendant is in the military service, whether or not the defendant is prejudiced by said military service.

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CRITICAL

Applies to: Report of intention to adopt

In the specified foreign-born-child adoptions that cannot proceed under Rules 15.14 or 15.15, petitioners/adoptive parents must file a report of intention to adopt and submit to a home-study investigation, even if otherwise exempt under the cited statute.

In all adoptions brought pursuant to 23 Pa.C.S. § 2701 et seq. and Pa.R.O.C.P. 15.13 where the child to be adopted was born in a foreign country and the adoption has not been brought or cannot be brought pursuant to Pa.R.O.C.P. 15.14 (Registration of a Foreign Adoption) or Rule 15.15 (Adoption of a foreign born child) the petitioner(s)/adoptive parent(s) (even if the adoptive parents would be exempt pursuant to 23 Pa.C.S. § 2531(c)) shall file a report of intention to adopt (see Pa. C.S. §§ 2535 and 2724) and submit to a home-study investigation.

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CRITICALCivil cases

Applies to: Petition

A petitioner seeking a stay or substantive relief must present the petition, proposed order, and rule to the assigned judge, except that family and orphans’ court matters go to a judge in that division.

Any petitioner seeking a rule which stays proceedings or which by its terms grants substantive relief shall present the petition, proposed order and rule to the judge assigned to the case, except for family court and orphans’ court matters which shall be presented to a judge sitting in that division.

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CRITICAL

Applies to: Hearing officer appointment order

The order appointing a Hearing Officer must identify the claims the Hearing Officer will address.

The form order for the appointment of the Hearing Officer shall include the claims to be addressed by the Hearing Officer.

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CRITICALCivil cases

Applies to: Motion
Must include: certificate of service

A landlord seeking termination of the supersedeas must provide two days’ notice to the tenant or counsel and certify that notice.

(b) Upon motion and order and certification of two days notice to tenant or his counsel by the landlord, accompanied by a copy of the escrow account from the prothonotary’s office, the court may terminate the supersedeas if a monthly rental payment was not deposited in escrow within five (5) days after the date the rental payment became due.

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CRITICALCivil cases

Applies to: Petition

The court will grant a stay or substantive relief only if the petition shows reasonable notice to interested parties, their agreement, or extraordinary circumstances warranting immediate relief as determined by the court.

The court will not enter the stay or grant the relief unless: (1) Notice: it appears from the petition that reasonable notice, under the circumstances, has been given to all parties in interest of the date, time, and place of the application; or (2) Stipulation: it appears from the petition that there is an agreement by all parties in interest; or (3) Exigency: the court in its discretion shall determine that there are extraordinary circumstances justifying a stay or immediate relief.

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CRITICALCivil cases

Applies to: Conference memorandum

Except in non-jury and equity cases, each party’s conference memorandum must state the demand, offer, and status of negotiations.

D. Except in non-jury and equity cases, the conference memorandum of each party shall provide the demand, offer and status of negotiations.

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CRITICAL

Applies to: Pfa petition

Private counsel must have PFA petitions reviewed by Family Court Administration before submitting them to the Family Court signing Judge.

All private counsel petitions for Protection from Abuse shall be reviewed by Family Court Administration prior to submission to the Family Court signing Judge for entry of a Temporary Ex Parte Protection Order.

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CRITICAL

Applies to: Praecipe to transmit
Must include: proposed order

A praecipe to transmit seeking approval of grounds for divorce must include a proposed order and be filed on green paper.

Any Praecipe to Transmit seeking an order approving grounds for divorce shall: (1) Include a proposed order for the Court’s signature; (2) be filed on green paper.

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CRITICALCivil cases

Applies to: Discovery motion or petition

If moving counsel cannot provide the usual discovery-conference certificate, counsel must submit an alternative certificate describing the refusal to confer, efforts to obtain compliance, and facts justifying the missing certificate.

in a case in which counsel for the moving party cannot furnish such certificate, counsel shall furnish an alternative certificate stating that opposing counsel has refused to so confer. The alternative certificate shall also set forth the efforts made by counsel for the moving party to obtain compliance by opposing counsel and such other facts and circumstances as exist to justify the absence of the required certificate.

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CRITICAL

Applies to: Trial readiness certificate and pretrial statement

A certificate of trial readiness and pre-trial statement are required filings.

A certificate of trial readiness and pre-trial statement shall be filed within thirty (30) days of the filing of the demand for trial.

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CRITICALCivil cases

Applies to: Parenting coordinator application

Applicants who have been subject to attorney discipline must provide details on a separate sheet.

________ I have never been subject to attorney discipline. (If Applicant has been subject to discipline, provide details on separate sheet).

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CRITICAL

Applies to: Duplicate divorce complaint

When a divorce complaint asserts a custody claim, a duplicate complaint must be filed with the Prothonotary under a separate docket number and contain the information required by the cited rules.

When a custody claim is asserted in a divorce complaint, a duplicate copy of the complaint shall be filed with the Prothonotary and it shall receive a docket number separate from the divorce action. Such filing shall contain the information required by Pa.R.Civ.P. 1915.3(a), 1915.3-2, 1915.15(a) and C.C.R.C.P. 1915.3.A.

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CRITICALCivil cases

Applies to: Parenting coordinator application

Applicants must attach the insurance declaration page showing coverage for service as a Parenting Coordinator.

I maintain Professional Liability insurance of $___________, which coverage expressly covers me for serving as a Parenting Coordinator. The Declaration page showing the foregoing is attached.

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CRITICALCriminal cases

Applies to: Annual report

The Chief JPO or designee must prepare an annual report detailing aggregate and individual JCR Fund payment and disbursement data and provide it to the president and supervising juvenile court judges.

The Chief JPO, or his/her designee, shall be responsible for the preparation of an annual report detailing the aggregate and individual data regarding payments to and disbursements from the JCR Fund. The annual report shall be provided to the president judge and supervising judge of the juvenile court.

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CRITICALCivil cases

Applies to: Brief

Every brief or legal memorandum must include headings for History of the Case, Question Presented, Legal Argument, and Conclusion, with the specified content under each heading.

All briefs or legal memoranda shall contain the following matter under the following headings: 1) History of the Case: A brief, informal statement of the facts material to the matter under consideration. 2) Question Presented: Refer to the motion, petition, or preliminary objection that is before the court for decision. 3) Legal Argument: The section must contain citations to the case law, rule or statute relied on. 4) Conclusion: Specify the type of relief requested.

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CRITICAL

Applies to: Response

Any response intended to prevent admission of the Petition’s well-pled facts must specifically deny those facts.

The Respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.

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CRITICALCivil cases

Applies to: Administrative conference request

A request for an administrative conference must be filed of record, with a copy served on each other party’s counsel, each unrepresented party, the Court Administrator, and the assigned judge.

The request for administrative conference shall be filed of record and a copy thereof served upon counsel of record for each other party to the action, each unrepresented party, if any, the Court Administrator, and the assigned judge.

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CRITICALCivil cases

Applies to: Motion

Every motion must be signed by moving counsel or the moving party.

Every motion shall be signed by its moving counsel or party.

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CRITICALCivil cases

Applies to: Withdrawal of appearance

Counsel withdrawing under Pa. R.C.P. No. 1012(b) must file a praecipe for withdrawal of appearance.

In like manner, when counsel is withdrawing from an action in accord with Pa. R.C.P. No. 1012(b), counsel shall file a praecipe for withdrawal of appearance.

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CRITICAL

Applies to: Brief
Must include: certificate of service

The exception briefs must be accompanied by a certification that service has been made.

(i) No less than thirty (30) days before the date set for oral argument, the excepting party or parties shall file a brief with the Domestic Relations Office, shall serve copies of the Brief upon all counsel, unrepresented parties and the Judge assigned to hear the exceptions, and shall file a Certification that service has been made. (ii) No less than fourteen (14) days before the date set for oral argument, the responding party shall file a Brief and Certification of Service in the manner prescribed above.

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CRITICAL

Applies to: Verified statement

To obtain a supersedeas, the tenant must file a verified statement with the required rental-payment information when filing the appeal and serve a copy on the appellee by certified mail within five days.

at the time of filing the appeal, files with the prothonotary a verified statement of his intentions of depositing monthly rental payments required by the lease which will become due during the pendency of the court of common pleas proceedings listing the amount of rental payments to become due per month and the dates when said payments are due, a copy of which shall be served upon the appellee by certified mail within five (5) days;

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CRITICAL

Applies to: Pre trial statement

The pre-trial statement must list intended trial witnesses and include copies of exhibits intended for admission during the party’s case in chief.

(4) a list showing the names and addresses of all witnesses each party intends to call at trial; (5) copies of all exhibits to be offered at trial intended to be admitted during your case in chief.

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CRITICAL

Applies to: Petition

A preliminary decree must be affixed to the petition when it is filed.

(7) A preliminary decree shall be affixed to the Petition at the time of filing.

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CRITICAL

Applies to: Interim report

The interim report must state what information was ascertained and what steps were taken to obtain it.

If the attorney cannot ascertain the whereabouts of the defendant or whether or not the defendant is in the military service, the attorney shall, within ninety (90) days from the date of appointment, file with the Prothonotary an interim report stating what information has been ascertained and what steps were taken to ascertain such information, copies of which report shall immediately be served upon the attorney for the plaintiff and the Hearing Officer, if appointed.

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CRITICAL

Applies to: Rule to show cause

A Rule to Show Cause form for support or divorce matters is required by the cited Pennsylvania rule.

23.. Rule to Show Cause (Supp./Div) C.C.R.C.P. 1930.1.A(c) Req’d by Pa. R.C.P. 206.6

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CRITICALCivil cases

Applies to: Praecipe for determination

A party seeking a court decision on a matter must file a Praecipe for Determination with the Prothonotary.

To have any matter submitted to the Court for a decision, a party shall file with the Prothonotary a Praecipe for Determination.

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CRITICAL

Applies to: Pre trial statement

Each Pre-Trial Statement must include the moving party's claims or responding party's defenses, concise facts, and concise factual or legal issues with applicable statutory or case citations, if any.

Each party shall submit to the Court and opposing counsel at least five (5) days before the scheduled hearing date a Pre-Trial Statement not exceeding three (3) pages setting forth: (1) a brief statement of the claim(s) being made by the moving party or the defense(s) being made by the responding party; (2) a concise statement of the facts; (3) a concise statement of the factual or legal issues involved including citations to the applicable statutes or case law, if any;

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CRITICALCivil cases

Applies to: Brief or legal memorandum

Every brief or legal memorandum must include the four specified headings and their required content: case history, question presented, legal argument with supporting citations, and conclusion specifying the relief requested.

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CRITICAL

Applies to: Certificate of trial readiness

If the matter proceeds to trial, counsel or a self-represented party must complete the Certificate of Trial Readiness at the conference, file and serve it on the Family Court Administrator, and provide a copy to each party.

If the matter will proceed to trial, Counsel and/or a Self-Representing Party shall fill out the Certificate of Trial Readiness at the pretrial status conference and shall file and serve on the Family Court Administrator. All parties shall leave with a copy of the Certificate of Trial Readiness.

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CRITICAL

Applies to: Preliminary conference submission

At the preliminary conference, the parties must submit an inventory, a vital statistics form, or a memorandum containing the information requested in that form.

(2) At the time of the Preliminary Conference, the parties shall submit an inventory, a vital statistics form or a memorandum setting forth the information requested in the vital statistics form.

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CRITICAL

Applies to: Police form

Form 2 is identified as the form required by CCRCP 1901.4.A.

Form 2 See CCRCP Rule 1905.A.(a): form req’d by CCRCP 1901.4.A.

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CRITICAL

Applies to: Verification

A verification in the attached form concerning the party’s and household members’ criminal records or abuse history must be filed with the Court.

You must file with the Court verification as required by Pa.R.Civ.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household

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CRITICAL

Applies to: Petition

Petitioners must attach a preliminary decree to the petition when filing it.

(viii) Petitioner(s) shall attach, at the time of filing, a preliminary decree to the petition.

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CRITICALCivil cases

Applies to: Motion to make rule absolute
Must include: proposed order, certificate of service

A motion to make a rule absolute must include a proposed order and certificate of service, but no brief is required.

The motion shall be accompanied by a proposed order and a certificate of service but no brief shall be required.

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CRITICAL

Applies to: Notice of hearing

Form 6 See CCRCP 1905.A.(e): form req’d by CCRCP 1901.5.A.(e)

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CRITICAL

Applies to: Motion

A motion to withdraw or challenge a guilty or nolo contendere plea must include a separate page to the court reporter requesting transcription of the plea proceeding and any sentencing proceeding.

Any motion to withdraw or challenge a plea of guilty or nolo contendere shall include a separate page addressed to the court reporter requesting transcription of the proceeding at which the plea was entered and of the sentencing proceeding, if any.

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CRITICAL

Applies to: Parenting coordinator affidavit

The applicant’s affidavit must certify that the applicant possesses the minimum qualifications to serve as a Parenting Coordinator.

I, ________________________ , the undersigned applicant, hereby certify that I possess the minimum qualifications to serve as a Parenting Coordinator as established by Pa.R.Civ.P. 1915.11-1.(b)(1),(2), as follows:

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CRITICALCivil cases

Applies to: Application for approval of individual surety

An application for court approval of an individual surety must include the surety’s affidavit stating the extent and probable value of the surety’s real and personal estates, over liens and indebtedness.

In all cases wherein the court is required to approve individual sureties, the application shall be accompanied by the affidavit of the surety, setting out the extent of his real and personal estates respectively, and the probable value of the same over and above all liens and indebtedness.

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CRITICAL

Applies to: Substitute exhibit

For an oversized documentary exhibit, the proponent must provide the records office with a party- or court-approved copy reduced to 8½ x 11 inches or smaller.

Whenever a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8½ x 11 inches, the proponent shall contemporaneously provide to the appropriate records office a copy of the document (said copy approved by the parties or the court) reduced to 8½ x 11 inches (or smaller).

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CRITICAL

Applies to: Home study review

If the submitted home study is more than one year old when the petition is filed, an updated home-study review is required, even if the adoptive parents would otherwise be exempt under the cited statute.

(2)(i) If the submitted home-study is dated more than one (1) year prior to the filing date of the petition, an updated home-study review is required (even if the adoptive parents would be exempt pursuant to 23 Pa.C.S. § 2531(c)) and the Court may appoint a GAL if it would assist the court determine whether the adoption would be in the child’s best interest.

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CRITICAL

Applies to: Relocation filing

If no objection is filed, the relocating party must file the specified documents before relocating.

(3) If no objection to a proposed relocation is filed pursuant to 23 Pa.C.S.§5337(d), the relocating party shall file, prior to relocating, in addition to the affidavit, proof of notice and petition to confirm the relocation as required by 23 Pa.C.S.§5337(e): (a) A Praecipe for Determination consistent with C.C.R.C.P. 206.6; (b) A proposed order for custody; (c) A copy of the original proposal for a revised custody schedule provided to the respondent with the Notice of Relocation.

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CRITICALCivil cases

Applies to: New trial motion

A new-trial motion based on after-discovered evidence must explain why the evidence was not produced at trial and be supported by affidavits stating the witnesses’ names and expected testimony.

(f) No motion for new trial upon the ground of after discovered evidence will be entertained unless it sets forth the reasons for failure to produce the same at the trial and unless based upon affidavits containing the names of the witnesses and the substance of their expected testimony.

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CRITICAL

Applies to: Indirect criminal contempt complaint

An indirect criminal contempt complaint must use the required Form 4.

Form 4 See CCRCP 1905.A.(c): form req’d by CCRCP 1901.5.A.(a)

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CRITICAL

Applies to: Certificate of award of real estate

Upon confirmation of the schedule of distribution, the accountant’s attorney must prepare a certificate of award of real estate and submit it to the Clerk for execution.

A certificate of award of real estate shall be prepared by the attorney for the accountant and submitted to the Clerk for execution upon confirmation of the schedule of distribution.

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CRITICAL

Applies to: Written agreement

A Temporary Custody Order is not binding on the parties unless and until it is incorporated into a written agreement signed by them.

In no event shall any such Temporary Custody Order be binding on the parties unless and until it is incorporated into a written agreement signed by the parties.

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CRITICALCivil cases

Applies to: Appraisal

Each appraisal must certify that the appraiser’s fee is not contingent on the appeal’s outcome.

Appraisals must certify that the appraiser’s fee is not contingent upon the results of the appeal.

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CRITICALCivil cases

Applies to: Verification

The defendant must file the attached verification about criminal records or abuse history within 30 days after service, and no later than the custody conciliation conference.

You must file with the Court verification as required by Pa.R.Civ.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household within thirty days of the service of the within complaint or petition on you, but not later than the custody conciliation conference scheduled in Paragraph 2, above.

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CRITICAL

Applies to: Guardian petition for public sale

A guardian’s petition for public sale of real property must set out the specified ward, notice, title, property, and sale information in separate paragraphs.

(3) A petition by a guardian to sell real property at public sale, under the Code, shall also set forth in separate paragraphs: (i) The age of the ward; (ii) The names of the ward’s next of kin and the notice given them of the presentation of the petition. When there are no known next of kin who are sui juris to whom notice may be given, public notice in accordance with the Pennsylvania Orphans’ Court Rules and the Chester County Orphans’ Court Rules must be given and proofs thereof must be attached to the petition as an exhibit; (iii) How title was acquired, stating the date and place of probate of the will or recording of the deed; (iv) A recital of the provisions of the will or deed relating to the real property to be sold; (v) The nature and extent of the interest of the ward, and of other persons in the real property; (vi) The improvements on the property, by whom it is occupied, its rental value and current tax assessment; and (vii) Sufficient facts to enable the Court to determine that the proposed sale will be for the best interest of the ward.

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CRITICAL

Applies to: Exceptions to court charge

All exceptions to the court's charge must be placed on the record before the jury is dismissed to deliberate.

All exceptions to the court's charge must be placed on the record before the jury is dismissed for deliberations.

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CRITICAL

Applies to: Support order

Every order filed under a Domestic Relations Office docket number and PACSES identification number must provide for payment toward outstanding arrears.

(d) Every order filed under a Domestic Relations Office docket number and PACSES identification number shall include a provision for payment toward outstanding arrears. Domestic Relations shall not accept for filing any order that fails to include such a provision.

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CRITICAL

Applies to: Receipt

When bail other than a surety bond is posted, the posting office must give the poster a receipt itemizing the bail and applicable fees and costs.

At the time of posting of any bail, including percentage bail, but excluding a surety bond, the office at which the bail is posted shall issue, to the person posting the bail a receipt itemizing the bail and the fees and costs which will apply in the absence of a violation or forfeiture.

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CRITICALCivil cases

Applies to: Petition

Each petition must include a verification or an affidavit verifying its stated facts.

Each petition shall be accompanied by a verification or affidavit verifying the facts stated in the petition.

Official source

CRITICAL

Applies to: Report of intention to adopt

If the report of intention to adopt names no intermediary, the attorney must attach an affidavit detailing the specified information about the adoptee’s transfer, the adoption’s arrangement, and the parties’ relationships.

(7)(i) If there is not an intermediary named in the report of intention to adopt, the attorney shall attach an affidavit to the report which shall explain in detail how the person filing the report received possession of the adoptee from the birth parent(s), who arranged for the exchange of possession of the adoptee, how the person(s) filing the report received knowledge of the existence of the availability of the adoptee for potential adoption, and any other information the attorney may have regarding the relationship of the persons filing the report to the birth parent(s) and how the adoption was arranged.

Official source

CRITICAL

Applies to: Parenting coordinator roster affidavit

The roster application must include an affidavit attesting that the applicant has the qualifications in Pa.R.Civ.P. 1915.11-1.

(1) An affidavit attesting the applicant has qualifications found in Pa.R.Civ.P. 1915.11-1;

Official source

CRITICAL

Applies to: Transport order

For a required appearance by a prisoner housed outside Chester County, the designated party must submit a transport order stating the prisoner’s location and when the prisoner is needed in court.

In any criminal proceeding in which a court appearance by a prisoner housed in a facility out of Chester County will be required, the party, designated by C.C.R.Crim.P. 105.3(c), shall submit to the Court a transport order containing the location of the prisoner and when the prisoner will be needed for court.

Official source

CRITICAL

Applies to: Motion
Must include: certificate of service

The continuance motion includes a certification that the opposing party or counsel was served with a copy.

I certify that I served the opposing party/counsel, _________________________________ (name), on ________________ (date) by ______________ (mail/fax/email) with a copy of this motion and attempted to resolve the issue with opposing party/counsel before filing this motion.

Official source

CRITICAL

The Commonwealth’s attorney at the plea must be familiar with the case and advise the Court of the defendant’s prior felony and misdemeanor convictions or adjudications.

The attorney representing the Commonwealth at the time the plea is entered shall be familiar with the case, and shall advise the Court of any prior convictions or adjudications of the defendant for felonies and misdemeanors.

Official source

CRITICAL

Applies to: Request for child attendance

A request for children age 10 or older to attend a conciliation conference must be submitted as a proposed order to the Office of the Family Court Administrator.

Parties requesting the presence of children ages ten (10) and older at a conciliation conference shall do so by submitting their request in the form of a proposed order to the Office of the Family Court Administrator.

Official source

CRITICAL

Applies to: Settlement conference statement

Each party must submit a settlement-conference statement containing specified party, property-valuation, dispute, and proposed-distribution information.

The Hearing Officer shall conduct a settlement conference at which both parties shall submit a statement, which: (1) Gives biographical information of each party, including but not limited to, age, education, occupation, income, health and children; (2) Contains any updates on valuation of property at issue; (3) Identifies any and all legal or factual disputes or issues; and (4) Contains a proposed specific schedule of distribution of all property including the percent of distribution to each party.

Official source

CRITICALCivil cases

Applies to: Surety company stipulation

An out-of-county corporation must file a stipulation accepting service of process through the clerk of the orphans’ court division of Chester County as equivalent to actual service.

Any corporation whose home office is outside of the County of Chester shall also file a stipulation agreeing that service of process, in any proceeding arising out of its acting as surety or fiduciary pursuant to approval under this or preceding rule, may be made upon it by serving. Such process upon the clerk of the orphans’ court division of Chester County, and that such service shall be the equivalent of actual service upon such corporation.

Official source

CRITICAL

Applies to: Report of intention to adopt

Intermediaries other than the Chester County Department of Children, Youth and Families must submit an itemized report of adoption-related fees, expenses, and charges with the report of intention to adopt; no investigator will be appointed and no hearing scheduled before it is filed.

(9) All intermediaries, other than the Chester County Department of Children, Youth and Families, shall submit with the report of intention to adopt, an itemized report disclosing all adoption-related fees, expenses, and charges. No investigator will be appointed and no hearings will be scheduled until this information has been filed.

Official source

CRITICAL

Applies to: Complaint

The complaint includes the affiant’s verification that its statements are true to the best of their knowledge, information, and belief, and acknowledges the stated penalty for false statements.

I verify that the statements made in the complaint are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.

Official source

CRITICAL

Applies to: Petition for appeal

A person or entity appealing a Register act or proceeding must file a petition with the Register that states the appeal issues, whether disputed factual issues should go to a jury, the interested parties’ names, and the necessary jurisdictional facts.

A person or entity desiring to take an appeal from the judicial acts or proceedings of the Register, shall file a petition for appeal with the Register, specifying the issues on which it is based, stating whether there is a request that disputed issues of fact be submitted to a jury, setting forth the names of all interested parties, and reciting the necessary jurisdictional facts.

Official source

CRITICAL

Applies to: Guardian account

If the accounting follows the incapacitated person’s death, the account must include a copy of the will if the person died testate and a copy of the personal representative’s appointment.

If the accounting is occasioned by the death of the incapacitated person, the account shall have attached thereto a copy of the will if the incapacitated person died testate and a copy of the appointment of the personal representative of the deceased incapacitated person’s estate.

Official source

CRITICAL

Applies to: Answer to petition for registration

An answer to a registration petition must state all defenses, cite the authorities supporting them, and attach any foreign statute relied upon.

(5) An answer to the petition for registration shall contain all defenses to the requested relief including those based upon jurisdiction and the law of the issuing state. Any statutes or applicable law upon which the respondent bases his defense shall be cited, and in the case of foreign statutes, a copy of the applicable statute shall be attached.

Official source

CRITICAL

Applies to: Parenting coordinator roster affidavit

An attorney or mental health professional seeking roster inclusion must submit an affidavit to the Administrative Family Court Judge or designee with the specified accompanying materials.

An attorney or mental health professional seeking to be included on the Chester County Court’s roster of qualified individuals to serve as a Parenting Coordinator shall submit an affidavit to the Administrative Family Court Judge or his/her designee together with the following:

Official source

CRITICAL

Applies to: Icc affidavit

An ICC Affidavit form is required by the cited rule.

3. ICC Affidavit (PFA) C.C.R.C.P. Rule 1905.A.(b) Req’d by C.C.R.C.P. 1901.5.A.(a)

Official source

CRITICALCivil cases

Applies to: Entry of appearance

Counsel seeking a continuance of a Protection from Abuse matter must file an entry of appearance.

Note: All counsel seeking a continuance of a Protection from Abuse matter shall file an entry of appearance.

Official source

CRITICALCivil cases

Applies to: Demand for trial

A Certificate of Trial Readiness and a Pre-Trial Statement must be filed before a case receives a trial date.

N.B. No case shall receive a trial date until such time as a Certificate of Trial Readiness and a Pre- Trial Statement are filed of record.

Official source

CRITICALCivil cases

Applies to: Motion

A moving party generally must file a supporting brief and praecipe for determination with the motion and proposed order; no brief is required for the specified believed-uncontested discovery motions or motions supported by counsel’s stipulation, but briefing is required if the discovery motion is contested or believed contested.

Official source

CRITICAL

Applies to: Parenting coordinator affidavit

The applicant must swear or affirm that the affidavit statements are true and correct and provide a printed name, signature, and date.

I swear or affirm that the foregoing statements are true and correct. APPLICANT: Name (printed) _______________________ Signature ___________________________ Date: ___________________

Official source

CRITICALCivil cases

Applies to: Requested point for charge

Each requested point for charge must cite its supporting authority.

Each requested point for charge shall cite the authority therefor.

Official source

CRITICALCivil cases

Applies to: Conference memorandum

The conference memorandum must include trial expert reports, witness names and addresses, an exhibit schedule, and an estimate of trial length.

(5) Parties shall attach to the memorandum copies of reports from all experts expected to be called at trial. (6) A list showing the names and addresses of all witnesses each party intends to call at trial. (7) A schedule of all exhibits to be offered at trial. (8) An estimate of the number of days required for trial.

Official source

CRITICAL

Applies to: Immediate parole order

For an immediate-parole sentence, defense counsel must provide the Court with a written parole order and deliver two certified copies of the signed order to the Sheriff for delivery to the institution.

In all cases where the defendant receives a sentence giving the defendant immediate parole, it shall be the responsibility of defendant’s counsel to provide the Court with a written order for immediate parole and to deliver two (2) certified copies of the signed order to the Chester County Sheriff for delivery to the institution of confinement.

Official source

CRITICALCivil cases

Applies to: Motion for leave to file additional post trial grounds
Must include: proposed order

A request for leave to file additional specific grounds for post-trial relief must be made by motion with a proposed order, and the motion must state specific supporting reasons.

Any request for leave to file additional specific grounds for post trial relief shall be made by motion and proposed order, and the motion shall contain specific reasons in support thereof.

Official source

CRITICAL

Applies to: Schedule of distribution

The schedule of distribution must set forth receipts and disbursements occurring after the account was stated.

Receipts and disbursements subsequent to the date the account was stated shall be set forth in the schedule of distribution.

Official source

CRITICALCivil cases

Applies to: Motion petition preliminary objection
Must include: proposed order

Motions, petitions, and preliminary objections must be written and include a proposed order; a petition must also include an order allowing a rule to show cause.

All motions, petitions and preliminary objections shall be in writing and shall be accompanied by a proposed form of order; a petition shall also be accompanied by an order allowing a rule to show cause in form as set forth below, which order is hereinafter sometimes referred to as a “rule” or a “rule to show cause.”

Official source

CRITICAL

Applies to: Petition for return of weapons

(4)(a) In the event the Defendant is deemed ineligible to regain possession of firearms, other weapons or ammunition, the Defendant may appeal the decision of the Sheriff by filing a verified Petition seeking the return of weapons accompanied by a rule returnable and a copy of the itemized list of property issued by the Sheriff at the time of the original seizure.

Official source

CRITICAL

Applies to: Petition for public sale

A public-sale petition by a personal representative, trustee, or guardian must include the listed appointment instrument, interested-party consents and notice information, and mortgagee consent or an explanation for its absence.

The following exhibits shall be attached to a petition by a personal representative, trustee, or guardian to sell real property at public sale: (1) A copy of the will, deed, or decree by which the fiduciary was appointed; (2) Any consents or joinders of interested parties, and the names and a copy of the notice which has been given to those parties who do not consent to join; (3) Consent by any mortgagee whose lien would otherwise not be discharged by the sale, or, if not attached, the reason therefor; and

Official source

CRITICAL

Applies to: Pleading

Each pleading or filing must display specified contact and identification information for the representing attorney or, for a self-represented party, the party, in its front upper left-hand corner.

Be endorsed on the front upper left-hand corner with the name, address, zip code, telephone number, facsimile number, email address, and identification number of the individual attorney representing the party filing the pleading or of the party if proceeding pro se.

Official source

CRITICALCivil cases

Applies to: Pre arbitration memorandum

The pre-arbitration memorandum must include the listed facts, legal basis, damages, witnesses, exhibits, time estimate, legal comments, and attorney certification.

This memorandum shall set forth the following: (1) A brief statement of the salient facts of the claim or defense. (2) A statement of the legal basis of the claim or defense. (3) A list of all special damages claimed, such as lost earnings, loss of future earning capacity, medical expense (itemized), property damages. (4) A list of the names and addresses of all witnesses whom that party intends to call at arbitration. (5) A list of all exhibits to be offered by that party at arbitration. All exhibits shall be numbered prior to the arbitration. (6) An estimate of time necessary to present your claim or defense. (7) Special comments regarding legal issues. (8) A certification that the attorney has, on behalf of his/her client, made a reasonable effort to stipulate or agree to all un- disputed issues of fact or law which would expedite the arbitration of this matter.

Official source

CRITICAL

Applies to: Records pertaining to underlying petition

A recipient of a final expungement order must immediately delete related petition information, and need not provide proof of compliance.

(2) Upon receipt of a final order expunging a protection from abuse proceeding, the recipient shall immediately delete from their records any information pertaining to the underlying petition for Protection from Abuse. No proof of compliance shall be required.

Official source

CRITICAL

Applies to: Registration request

A party seeking registration of an incorporated property settlement agreement must provide a certified divorce decree with the complete executed agreement and completed Domestic Relations Office information sheets.

(i) provide to the Domestic Relations Office a certified copy of the divorce decree including a complete, executed copy of the property settlement agreement; and (ii) completed copies of the Domestic Relations Office information sheets.

Official source

CRITICAL

Applies to: Certified pfa order

The plaintiff must file a certified copy of each temporary or final PFA order with the appropriate police departments.

Plaintiff shall file a certified copy of any Temporary or Final Protection from Abuse order with the appropriate police departments.

Official source

CRITICAL

Applies to: Affidavit of service

The affidavit of service must include screenshots of all postings.

An affidavit of service shall be filed consistent with C.C.R.C.P. 206.3. Said affidavit shall include screen shots of all postings.

Official source

CRITICAL

Applies to: Pleading

Every petition, motion, answer, reply, and other pleading or filing must cite legal authority supporting the requested relief.

Every petition, motion, answer, reply or other pleading/filing shall: (i) Cite the Pennsylvania Orphans’ Court Rule, statue, case law or other legal authority supporting the relief sought;

Official source

CRITICAL

Applies to: Continuance request

Counsel seeking a continuance in a Protection from Abuse matter must file an entry of appearance.

Note: All counsel seeking a continuance of a Protection from Abuse matter shall file an entry of appearance.

Official source

CRITICAL

Applies to: Points for charge amendment

Any amendment to the points for charge submitted before the commencement of trial shall be made as soon as possible thereafter, but no later than the charge conference.

Official source

CRITICALCivil cases

Applies to: Discovery matter

The listed discovery matters must be filed and treated as motions, not petitions, even if they include limited assertions of facts outside the record.

To promote uniformity of civil practice the following types of discovery matters shall be treated as motions, not as petitions, even though they may contain limited assertions of fact not of record: a) motion for sanctions for failure to answer interrogatories; b) motion for sanctions to failure to produce documents or things; c) motion for sanctions for failure to appear for deposition; d) motion to compel mental or physical examination; e) motion to compel further answers to interrogatories; f) motion to compel further production of documents.

Official source

CRITICAL

Applies to: Substitute exhibit

For an oversized photograph exhibit, the proponent must provide the records office with a party- or court-approved copy reduced to 8½ x 11 inches or smaller.

Whenever a proponent offers into evidence a photograph that is larger in size than 8½ x 11 inches, the proponent shall contemporaneously provide to the records office a copy of the photograph (said copy approved by the parties or the court) reduced to 8½ x 11 inches (or smaller).

Official source

CRITICAL

Applies to: Exceptions

Objections to an Interim Distribution recommendation must be made by filing exceptions.

(5) Objections to a recommendation for Interim Distribution shall be made by the filing of exceptions.

Official source

CRITICAL

Applies to: Praecipe to transmit record

If the parties conclude a written agreement as to any or all ancillary matters and desire to have such agreement incorporated in the divorce decree, the agreement to be so incorporated must be filed of record. The Praecipe to Transmit the Record should request incorporation and a written stipulation agreeing to same, executed by the parties and/or their respective counsel, must be filed of record. Should incorporation be included in the agreement, the Praecipe to Transmit the Record shall refer to the paragraph and page number(s) of the agreement at which the terms providing for incorporation may be found.

Official source

CRITICALCriminal cases

Applies to: Juvenile probation court report

All future juvenile probation court reports shall provide, in the upper right hand comer of the first page, the filing date of the juvenile delinquency petition and the date when the five month period to hold the adjudication hearing ends. (The five month period shall be recalculated to eliminate any time a bench warrant remains unexecuted.)

Official source

CRITICAL

Applies to: Certificate of trial readiness

The Custody Certificate of Trial Readiness is required by the cited rule.

12. Certificate of Trial Readiness (Custody) C.C.R.C.P. 1915.4.A.II. (c) [to be printed on blue paper] Req’d by C.C.R.C.P. 1915.4.II (c)

Official source

CRITICAL

Applies to: Firearm release request
Must include: certificate of service

If the district attorney is notified, attach a Certificate of Service showing that at least 14 days have passed since the request.

DISTRICT ATTORNEY NOTIFIED? YES NO If YES, attach copy of Certificate of Service indicating that at least 14 days have passed since request

Official source

CRITICAL

Applies to: Petition to register foreign decree

A petition to register, adopt, and enforce a foreign decree must be filed with the Prothonotary and include the listed identifying information, certified decree, and relevant issuing-state laws.

(b)(1) Petitions to register, adopt and enforce foreign decrees as provided in Section 3705 of the Divorce Code shall be filed with the Prothonotary and shall contain the following: (i) identification of parties and their respective residences; (ii) a certified copy of the decree and any subsequent modifications; and (iii) a reference to laws of the issuing state which impact on enforcement of such decree.

Official source

CRITICAL

Applies to: Notice of intention to transmit record or waiver
Must include: certificate of service

When a Hearing Officer has been appointed, the filing party must notify the officer in writing of settlement when filing the notice of intention or waiver and file a certification of that notice with the Prothonotary.

(1) In those cases where a Hearing Officer has been appointed, at the time of filing the Notice of Intention to file the Praecipe to Transmit the Record or the Waiver of Notice of Intent with the Prothonotary, the filing party shall notify the Hearing Officer, in writing, that the action has been settled and file a certification of said notice with the Prothonotary.

Official source

CRITICALCriminal cases

Applies to: Juvenile payor application form

The juvenile-payor application form must request identifying and supervision information, ability to pay, and, for qualifying older payors, an explanation of unemployment and employment efforts.

The JPO will use an application form for juvenile payors. The application form will require the following information: 1. Descriptive information about the juvenile payor including name, date of birth, type and length of supervision, and ability to pay. Older juvenile payors who have the apparent ability to obtain employment will be required to explain why they are not employed and their efforts to gain employment.

Official source

CRITICALCivil cases

Applies to: Notice of subsequent appeal

A subsequent appeal in the same case must state the original appeal number in its notice and will be docketed under that number.

Whenever an appeal is taken from a Local Agency decision or determination and the record is returned by the Court to the Local Agency for further proceedings, and a subsequent appeal is taken in the same case, the number of the original appeal shall be set forth in the notice of the subsequent appeal filed with the Prothonotary or Clerk, who shall docket and file the subsequent appeal under the number of the original appeal.

Official source

CRITICALCivil cases

Applies to: Motion petition

Every motion and petition must cite the authority supporting the requested relief and display counsel’s name, address, ID number, and telephone number.

Every motion and petition shall refer to the procedural rule, statute, or other authority relied upon to justify the relief requested and shall display counsel’s name, address, I.D. number and telephone number.

Official source

CRITICAL

Applies to: Search warrant application

A search warrant application must be approved by an attorney for the Commonwealth before filing.

The District Attorney of Chester County having filed a certification, pursuant to Pa.R.Crim.P. 202, search warrants shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

Official source

CRITICAL

Applies to: Discovery stipulation

When all parties agree on discovery, they must file a signed written stipulation for Court approval by stipulated order within a reasonable time before discovery begins, specifying the discovery’s nature and extent and a completion timetable.

In matters where all parties are in agreement as to discovery, a written stipulation shall be filed with the Court for its approval by stipulated order within a reasonable time prior to the proposed commencement of discovery. The stipulation must be signed by all parties or their counsel and must provide specific stipulations as to the nature and extent of the discovery as well as a timetable for completion of the discovery.

Official source

CRITICAL

Applies to: Guilty plea form

The guilty plea form must be initialed and signed where appropriate; counsel’s signature certifies the specified review, discussion, explanation, and understanding.

Such forms shall be initialed and signed where appropriate and counsel’s signature thereon shall constitute a certification by the attorney that the attorney has read, discussed and explained the plea form with the defendant, and that to the best of counsel’s knowledge, information and belief, the defendant understands what the defendant is doing by entering the plea.

Official source

CRITICAL

Applies to: Pfa order copy

Copies of PFA orders sent to police must have an attached cover sheet substantially in the form required by C.C.R.C.P. 1905.A.(a).

A cover sheet shall be attached on the copy of the orders sent to the police substantially in the form required by C.C.R.C.P. 1905.A.(a).

Official source

CRITICAL

Applies to: Substitute exhibit

For a non-documentary exhibit, the proponent must contemporaneously provide the records office with a party- or court-approved photograph no larger than 8½ x 11 inches.

Whenever a proponent offers into evidence a non-documentary exhibit, the proponent shall contemporaneously provide to the records office a photograph (said photograph approved by the parties or the court) of the exhibit (no larger in size than 8½ x 11 inches).

Official source

CRITICALCivil cases

Applies to: Acknowledgement of return

The acknowledgement must be signed in the presence of a law enforcement officer or designee.

B. ACKNOWLEDGEMENT OF RETURN (Sign in the presence of Law Enforcement Officer/Designee)

Official source

CRITICAL

Applies to: Proposed verdict slip

Counsel must submit a proposed verdict slip by the charge conference, or earlier.

Counsel shall submit at that time, if not before, a proposed verdict slip.

Official source

CRITICAL

Applies to: Record

After a petition for appeal is filed, the Register must transmit the record to the Clerk.

When a petition for appeal has been filed, the Register shall transmit the record to the Clerk.

Official source

CRITICALCivil cases

Applies to: Order for appearance form

The Order for Appearance form is required under CCRCP 1915.11.A.(b)(2).

See CCRCP 1915.11.A(b)(2)(ii)(a): form req’d by CCRCP 1915.11.A.(b)(2)

Official source

CRITICAL

Applies to: Petition

The petition must describe the property, purchaser, and consideration and request an order fixing or excusing additional security; a petition seeking waiver must attach interested parties’ consent and include a justification statement averring that no creditors’ claims will be jeopardized and all taxes have been paid.

(v) A short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid; (vi) A prayer for an order fixing the amount of additional security or for an order excusing the petitioner(s) from filing additional security, as the case may be; and (vii) In those cases in which waiver of additional security is sought, the consent of the interested parties shall be attached and a statement as will justify the waiver of the additional security shall be included, and said statement shall include but not be limited to, an averment that there are no creditors whose claims shall be jeopardized by the sale and that all taxes have been paid.

Official source

CRITICAL

Applies to: Custody matter

Each custody matter must be accompanied by a Notice and Order to Appear for a conference before the custody conciliator.

(c) All custody matters shall be accompanied by a Notice and Order to Appear scheduled for conference before the custody conciliator no sooner than ten (10) days after filing.

Official source

CRITICALCivil cases

Applies to: Certificate of service

Certifications of service must substantially follow the form shown as Form B on page 65.

Certifications of service shall be in substantially the following form: See Form B on Page 65

Official source

CRITICAL

Applies to: Order for appearance

An Order for Appearance directing children to attend a custody conciliation conference is required by the cited rule.

15. Order for Appearance (Custody) C.C.R.C.P. 1915.11.A(b)(2)(ii)(a) (child(ren) to attend conciliation conf.) Req’d by C.C.R.C.P. 1915.11.A.(b)(2)]

Official source

CRITICAL

Applies to: Transport request

The Sheriff must be given the prisoner’s name, identification number or date of birth, and the appearance’s time and location.

The Sheriff shall be provided with the name of the prisoner, the prisoner’s identification number or date of birth, and the time and location of the appearance.

Official source

CRITICAL

Applies to: Mediator report

The mediator must submit a written report to the Family Court Administrative Office at the conclusion of mediation.

At the conclusion of the mediation session, the mediator shall submit a written report to the Family Court Administrative Office.

Official source

CRITICAL

Applies to: Points for charge

Points for charge drawn from standard jury instructions must have blanks completed, alternatives selected, and changes to standard wording noted and highlighted.

Any points for charge requested or submitted from standard jury instructions shall have all blanks filled, alternatives selected, and any changes to the standard wording noted and highlighted.

Official source

CRITICAL

Applies to: Notice of hearing to defendant

A Notice of Hearing to Defendant form is required by the cited rule.

5. Notice of Hearing to Defendant (PFA) C.C.R.C.P. Rule 1905.A.(d) Req’d by C.C.R.C.P. 1901.5.A.(e)

Official source

CRITICAL

Applies to: Court order
Must include: caption

A court order authorizing temporary custody of exhibits by court staff must state the case caption, the exhibit numbers, and a certain return date.

provided, however, that no exhibit shall be released into the temporary custody of court staff absent a court order containing the applicable case caption, the number(s) of the exhibit(s) to be released, and a date certain by which court staff must return the exhibit(s) to the applicable custodian.

Official source

CRITICAL

Applies to: Firearm release request
Must include: certificate of service

If the plaintiff is notified, attach a Certificate of Service showing that at least 14 days have passed since the request.

PLAINTIFF NOTIFIED? YES NO If YES, attach copy of Certificate of Service indicating that at least 14 days have passed since request

Official source

CRITICALCivil cases

Applies to: Response

To avoid admission of the petition’s well-pled facts, the respondent’s response must specifically deny them.

The respondent is advised the well-pled facts of the Petition shall be deemed admitted unless a response specifically denying same is filed by close of court on or before the rule returnable date as set forth above.

Official source

CRITICAL

Applies to: Service certification
Must include: certificate of service

The moving party’s service certification must be a separate document in the form prescribed by C.C.R.C.P. 206.3.

Within five (5) days of such filing, the moving party shall file with the Prothonotary a separate document certifying such service in the form prescribed by C.C.R.C.P. 206.3

Official source

CRITICAL

Applies to: Praecipe to withdraw ancillary claim
Must include: certificate of service

A praecipe to withdraw an ancillary claim must certify service of the praecipe and notice of intent on the specified recipients at least 20 days before filing.

All praecipes to withdraw ancillary claims shall include a certification that opposing counsel, any unrepresented party, and the Hearing Officer, if appointed, have been served with a copy of said praecipe and notice of intention to file same at least twenty (20) days prior to the date of its filing.

Official source

CRITICAL

Applies to: Notice of hearing

Form 5 is the required form for the notice under the cited rules.

Form 5 See CCRCP 1905.A.(d): form req’d by CCRCP 1901.5.A.(e)

Official source

CRITICALCivil cases

Applies to: Parenting coordinator application

Applicants must attach verification for each required training.

I have obtained the special training required by the Rule and have attached verification for each training:

Official source

CRITICAL

Applies to: Petition for special relief
Must include: proposed order

A petitioner seeking a return date sooner than 20 days after filing, a stay, or substantive relief must present the petition, proposed order, and rule to the Family Court signing judge.

Any petitioner seeking a return date sooner than twenty (20) days of filing, or seeking a rule which stays proceedings or which by its terms grants substantive relief, shall present the petition, proposed order and rule to the signing judge of the Family Court.

Official source

CRITICAL

Applies to: Motion for appointment of hearing officer

The motion must state whether any acting Hearing Officer is disqualified and the basis for disqualification.

The motion for the appointment of a Hearing Officer shall aver whether any acting Hearing Officer is disqualified from acting as a Hearing Officer in the action and the basis for disqualification.

Official source

CRITICALCivil cases

Applies to: Surety company qualification filing

A surety company seeking qualification must file the required insurance commissioner’s certificate and a financial statement as of the preceding December 31 with the clerk of the orphans’ court division.

Any surety company desiring to qualify as a surety shall file with the clerk of the orphans’ court division a certificate of the insurance commissioner, as required by law, accompanied by a financial statement as of December 31 of the last preceding year.

Official source

CRITICAL

Applies to: Cover sheet

The party seeking appointment of a Hearing Officer must specify on the cover sheet the matters to be heard, which determines the applicable fee.

The party filing for the appointment of a Hearing Officer shall specify on the cover sheet the matters sought to be heard by the Hearing Officer, which shall determine the applicable fee.

Official source

CRITICAL

Applies to: Affidavit regarding military service
Must include: proposed order

If the defendant has not appeared and the affidavit states that the defendant is or may be in military service, the plaintiff must file an attorney-appointment motion and order with the affidavit and deposit $400, unless the amount is changed, for attorney fees.

If the defendant has not appeared and the plaintiff avers in the affidavit regarding military service that the defendant is in the military service or that the plaintiff cannot determine whether or not the defendant is in the military service, then the plaintiff shall file with the affidavit a motion and order for the appointment of an attorney to represent the defendant and shall deposit with the Prothonotary four hundred dollars ($400.00), unless changed to a different amount, to cover the attorney’s fees.

Official source

CRITICALCivil cases

Applies to: Firearm release request
Must include: certificate of service

If the plaintiff is notified, attach a Certificate of Service indicating that at least 14 days have passed since the request.

PLAINTIFF NOTIFIED?  YES  NO If YES, attach copy of Certificate of Service indicating that at least 14 days have passed since request

Official source

CRITICAL

Applies to: Guardianship petition

A guardianship petition must state whether the alleged incapacitated person is known to have appointed an attorney-in-fact, trustee, or agent and, if so, that person’s identity and address.

The petition for guardianship shall include an allegation as to whether the alleged incapacitated person is known to have appointed an attorney-in-fact, trustee or agent, and if so, the identity and address of such person.

Official source

CRITICAL

Applies to: Pfa order

A PFA order must state its expiration date.

The expiration date of the order shall be included in the order.

Official source

CRITICAL

Applies to: Complaint

The caption must state the parties’ true and correct legal names.

(a) The caption shall reflect the parties’ true and correct legal names.

Official source

CRITICAL

Applies to: Motion for appointment of hearing officer

A motion for appointment of a Hearing Officer may be filed any time after the divorce complaint and must identify the claims at issue, claims settled by agreement, and whether an agreement will be entered as a court order.

A motion for the appointment of a Hearing Officer may be filed at any time after the filing of a complaint in divorce and shall state specifically what claims are at issue, what claims have been settled by agreement and whether any such agreement is to be entered as a court order.

Official source

CRITICAL

Applies to: Termination request

Absent the parties’ agreement, a party may request termination of a spousal or alimony pendente lite order no sooner than 30 days after entry of the divorce decree and must present a time-stamped copy of the decree.

Absent agreement of the parties, no sooner than thirty (30) days following the entry of a Final Decree in Divorce, either party may present to the Domestic Relations Office a time-stamped copy of the decree with the request for termination of any spousal and/or alimony pendente lite order.

Official source

CRITICAL

Applies to: Petition to discharge fiduciary and surety

A petition to discharge a fiduciary and surety must include the surety’s written consent, if any, and orders satisfying awards from all other parties.

Written consent of the surety, if any, shall be attached to the petition, along with orders to satisfy awards from all other parties shall be submitted with the petition.

Official source

CRITICAL

Applies to: Certification of trial readiness
Must include: certificate of service

A time-stamped copy of the completed certification must be served on the assigned Hearing Officer, with proof filed with the Prothonotary, and the certification must include an estimated trial time to avoid rejection.

A time-stamped copy of the completed Certification of Trial Readiness shall be served upon the assigned Hearing Officer and proof thereof, shall be filed with the Prothonotary. Any certificate that fails to include an estimated time of trial will be rejected by the Hearing Officer and not placed on the Hearing Officer’s trial list.

Official source

CRITICAL

Applies to: Petition

A private-sale real estate petition by a personal representative, trustee, or guardian must attach the appointment instrument, interested-party consents or joinders and specified notice information, mortgagee consent or an explanation for its absence, and the sale agreement.

The following exhibits shall be attached to a petition by a personal representative, trustee, or guardian to sell real estate at private sale: (1) A copy of the will, deed, or decree by which the fiduciary was appointed; (2) Any consents or joinders of interested parties, and the names and a copy of the notice which has been given to those parties who do not consent or join, such notice containing the date of the presentation of petition to the Court; (3) Consent by any mortgagee whose lien would otherwise not be discharged by the sale, or, if not attached, the reason therefor; and (4) A copy of the agreement of sale.

Official source

CRITICAL

Applies to: Orientation session written information

At orientation, the mediator must provide the parties written information about mediation costs and process and the mediator’s role.

At the orientation session, the mediator must inform the parties in writing of the following: (1) the costs of mediation; (2) the process of mediation; (3) that the mediator does not provide legal advice, therapy, or counseling to either or both of the parties;

Official source

CRITICAL

Applies to: Attorney affidavit

An attorney affidavit from a Parenting Coordinator applicant is required by the cited rule.

16. Affidavit – Attorney C.C.R.C.P. 1915.11-1.A.(b)(4)(i) (applicant: Parenting Coordinator) Req’d by C.C.R.C.P. 1915.11-1.A(b)

Official source

CRITICAL

Applies to: Surety affidavit

An individual surety must provide an affidavit of the required facts with the bond, and the affidavit must be renewed annually while the bond remains in effect.

Individuals proposed as sureties on bonds of fiduciaries shall take an affidavit setting forth the facts as required thereby. Such affidavit shall be filed together with the bond when filed, and shall be renewed annually thereafter so long as the bond shall remain in effect.

Official source

CRITICALCivil cases

Applies to: Administrative conference request

A request for an administrative conference must state that the party will request deferment of trial listing at the conference.

The request for an administrative conference must specify that deferment of trial listing will be requested at the conference.

Official source

CRITICAL

Applies to: Personal representative petition for public sale

A personal representative’s petition for public sale of real property must set out the specified estate, authority, property, and interested-party information in separate paragraphs.

(1) A petition by a personal representative to sell real property at public sale, under the Code, shall also set forth in separate paragraphs: (i) The name, residence, and date of death of the decedent, whether the decedent died testate or intestate, and the date of the grant of letters; (ii) That the personal representative is not otherwise authorized to sell by the Code or is not authorized or is denied the power to do so by the will, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (iii) Whether an inventory and appraisement has been filed, the total value of the property shown therein, and the value at which the real property to be sold was included therein; (iv) If the personal representative entered bond with the Register, the name of the surety and the amount of such bond; (v) The names and relationships of all interested parties, a brief description of their respective interests, whether any of them are deceased, minors, or incapacitated persons, and if so, the names and the record of appointment of their fiduciaries; (vi) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current tax assessment; and (vii) Sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

Official source

CRITICAL

Applies to: Certification of trial readiness

The trial-readiness certification must state that discovery is complete and provide the date the interested parties were notified.

I hereby certify that: 1. Discovery is complete; 2. On ________________, I notified all interested parties.

Official source

CRITICALCivil cases

Applies to: Request for oral argument

Official source

CRITICAL

Applies to: Guilty plea form

The guilty plea form must be filed in open Court when a guilty or nolo contendere plea is entered.

Guilty plea forms shall be filed in open Court at the time of entry of any plea of guilty or nolo contendere.

Official source

CRITICAL

Applies to: Motion and order for continuance

A Motion and Order for Continuance form is required by the cited rule.

22. Motion & Order for Cont. C.C.R.C.P. 1930.1.A(a)[(b)(1)] Req’d by C.C.R.C.P. 1920.72.A(a)

Official source

CRITICAL

Applies to: Sentencing guideline form

Completed sentencing-guideline forms reviewed by both counsel must be submitted to the Court.

Completed forms, reviewed by both counsel will be submitted to the Court.

Official source

CRITICAL

Applies to: Divorce order

20. Order (Divorce) C.C.R.C.P. 1920.73.A(a) (grounds for divorce) Req’d by C.C.R.C.P. 1920.42(d)(1)

Official source

CRITICAL

Applies to: Certification of trial readiness

The trial-readiness certificate includes certifications that discovery is complete, grounds for divorce have been established through the specified filings, interested parties were notified, and an estimated trial time.

I hereby certify that: 3. Discovery is complete; 4. Grounds for Divorce have been established by: a. Affidavits of Consent under § 3301(c) were filed on _________ and _________; b. An Affidavit under § 3301(d) was filed on_________ and a counter-affidavit on _________; c. An Affidavit to establish Presumption of Consent under § 3301(c)(2) was filed on _______ and a counter-affidavit on _______. 5. On ________________, I notified all interested parties. Estimated trial time ________________________.

Official source

CRITICAL

Applies to: Guilty plea form

When counseling a defendant about a guilty or nolo contendere plea in the Court of Common Pleas, counsel must review the Chester County guilty plea form with the defendant and explain its contents.

During the course of counseling a defendant relative to any plea of guilty or nolo contendere in the Court of Common Pleas, counsel shall review with the defendant a Chester County guilty plea form available from the Court Administrator, and shall explain to the defendant the contents of that form.

Official source

CRITICAL

Applies to: Petition for approved list

A bail bondsman seeking inclusion on the approved list must file a petition under Pa.R.Crim.P. 575 et seq. with all documents required by 42 Pa.C.S.A. § 5743.1 appended when the petition is filed.

A bail bondsman wishing to be placed on the approved list must file a petition for such inclusion, in the manner provided by Pa.R.Crim.P. 575 et seq. All documents required under 42 Pa.C.S.A. § 5743.1 shall be appended to the petition at the time of its filing.

Official source

CRITICAL

Applies to: Motion

A motion challenging a prima facie finding must have the substantive characteristics of a habeas corpus motion and use the specified caption with the term number, if any, or offense tracking number.

All motions challenging the action of a Magisterial District Judge in finding a prima facie case shall have the substantive characteristics of a habeas corpus motion, but shall be captioned “Commonwealth v. Defendant,” together with the term number, if any, or the offense tracking number.

Official source

CRITICAL

Applies to: Certificate of trial readiness

The Support Certificate of Trial Readiness is required by the cited rule.

9. Certificate of Trial Readiness (Support) C.C.R.C.P. 1910.12.A(i)(iv)(d)

Official source

CRITICAL

Applies to: Schedule of distribution

A schedule of distribution must be signed by all accountants, certified by their attorney as correct and consistent with the adjudication, and filed with the Clerk.

The schedule shall be signed by all accountant(s) and certified by the attorney for the accountant(s) to be correct and in conformity with the adjudication. The schedule shall then be filed with the Clerk.

Official source

CRITICAL

Applies to: Petition

A small-estate settlement petition must include the specified decedent, probate, bond, beneficiary, property-receipt, status, and fiduciary information, and request distribution and, where appropriate, discharge of the personal representative.

Petitions for settlement of small estates under the Code, shall set forth: (a) The date of birth, the dates of the probate of the will and of the grant of letters, if any, and whether the personal representative has been required to give bond and in what amount; (b) The names and relationships of all beneficiaries entitled to any part of the estate under the will or intestate laws, a brief description of their respective interests, whether any of them has received or retained any property of the decedent by payment of wages or similar items under the Code, or otherwise, and whether any of them are minors, incapacitated persons, or deceased, with the names of their fiduciaries, if any; (c) A prayer for distribution of the personal property to those entitled and, in appropriate cases, for the discharge of the personal representative.

Official source

CRITICAL

Applies to: Parole application response

The Commonwealth's attorney must submit a signed writing advising the judge whether the parole application is opposed.

Upon receipt of a copy of a parole application, the attorney for the Commonwealth shall, within ten (10) days, in a signed writing, advise the judge to whom the application is addressed whether the application is opposed.

Official source

CRITICAL

Applies to: Interim report

When the stated circumstances apply, the attorney must state them in an interim report filed with the Prothonotary and immediately serve copies on the plaintiff’s attorney and any appointed Hearing Officer.

If the defendant is in the military services and wishes to appear and be heard, or if in the opinion of the attorney the defendant is prejudiced by said military service, the attorney shall state this in an interim report filed with the Prothonotary, copies of which shall immediately be served upon the attorney for the plaintiff and the Hearing Officer, if appointed.

Official source

CRITICAL

Applies to: Motion

The separate-listing form must be completed in its entirety or it will be rejected and the case will not be placed on the Long Day Hearing List.

N.B. Failure to complete this form in its entirety will result in its rejection by the Family Court Administrator and the case will not be placed on the Long Day Hearing List.

Official source

CRITICAL

Applies to: Guardian account

A guardian’s account filed for audit must conform to Ches. Co. O.C. Rule L2.1.(e).

Guardian’s accounts filed for audit shall conform with Ches. Co. O.C. Rule L2.1.(e).

Official source

CRITICALCivil cases

Applies to: Motion for leave to file additional post trial grounds
Must include: certificate of service

The movant must file a certification of service in the form provided by C.C.R.C.P. 206.3.

and the movant shall file a certification of service of the motion in the form provided by C.C.R.C.P. 206.3.

Official source

CRITICALCivil cases

Applies to: Discovery motion or petition

A discovery motion or petition must include counsel's certificate confirming a good-faith conference about each issue that did not resolve it, with the conference's exact time, place, and manner.

Any motion or petition relating to discovery must be accompanied by a certificate of counsel for the moving party certifying that counsel has conferred with opposing counsel with respect to each matter set forth in the discovery motion or petition in good faith, but has been unable to resolve the issue. The certificate shall set forth the exact time, place and manner (which may be telephonic) of the conference

Official source

CRITICAL

Applies to: Rule to show cause

Each Rule to Show Cause must notify respondents that petition facts will be admitted unless specifically denied by an answer filed by the close of court on the return date.

Each rule shall notify respondents that well pled facts of the petition will be admitted unless an answer specifically denying the same is filed by the close of court on the return date of the rule.

Official source

CRITICAL

Applies to: Complaint

Every complaint must be accompanied by a completed Domestic Relations Office Standard Intake Form.

All complaints shall be accompanied by a completed Domestic Relations Office Standard Intake Form.

Official source

CRITICALCivil cases

Applies to: Notice

The written notice to the Local Agency must include the appeal filing date and a copy of the filed Notice of Appeal.

(ii) In all appeals, within seven (7) days of the filing of an appeal, if the Local Agency is not a party appellant or appellee, the appellant shall notify the Local Agency, in writing, of the date of filing such appeal and shall attach to such notice a copy of the Notice of Appeal, as filed.

Official source

CRITICAL

Applies to: Surety company certificate

An authorized surety company may act as surety only if its currently effective Insurance Department certificate is on file with the Clerk, and no bond may be executed before the certificate is filed.

Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this Court provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the Clerk. No bond shall be executed by any surety company until such a certificate is filed with the Clerk.

Official source

CRITICAL

Applies to: Transport order

After the Court signs an out-of-county transport order, it must be filed with the Clerk of Courts and copies provided to the Court Administrator and the Sheriff.

Once the Court signs the transport order, it shall be filed with the Clerk of Courts and copies provide to the Court Administrator and the Sheriff.

Official source

CRITICALCivil cases

Applies to: Praecipe for determination

The Praecipe must be filed with the Prothonotary, not court administration.

Note: this praecipe is to be filed with the Prothonotary, NOT the court administration.

Official source

CRITICAL

Applies to: Report offered into evidence

Counsel must certify on the report offered into evidence that the adopting parent(s) received a copy of the report and fees.

Counsel shall certify on the report offered into evidence that the adopting parent(s) has been given a copy of the report and fees.

Official source

CRITICAL

Applies to: Parenting coordinator affidavit

The applicant must attach verification for each required training.

________ I have obtained the special training required by the Rule and have attached verification for each training:

Official source

CRITICAL

The relevant filing must include an affidavit of value from one licensed real estate appraiser.

(4) An affidavit as to value by one licensed real estate appraiser.

Official source

CRITICAL

Applies to: Custody action and conciliation notice

The custody-action and conciliation-conference notice must state each party’s parenting-class date and time, identify the mediator and instruct parties to contact the mediator within three days, and state the custody-conciliation date and time.

(1) Notice of a custody action and conciliation conference shall include the date and time for each party to attend parenting class, the name of the assigned mediator with instructions to contact the mediator within three (3) days and the date and time for custody conciliation.

Official source

CRITICAL

Applies to: Discovery dispute

A discovery dispute must be presented to the judge by formal motion.

If there is a discovery dispute, the judge will only entertain a formal motion.

Official source

CRITICALCivil cases

Applies to: Notice of pendency of action

A notice under Pa.R.C.P. No. 2232(a) must include a copy of the complaint and state that the recipient must join within 20 days after receipt or the recipient’s cause of action will be barred and the action will proceed without them.

Notice required by Pa.R.C.P. No. 2232(a) shall consist of a copy of the complaint and a statement that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice; or his cause of action will be barred and the action will proceed without him.

Official source

CRITICAL

Applies to: Certification of trial readiness

A Certification of Trial Readiness must include an estimated trial time to avoid rejection and exclusion from the trial list.

Any certificate that fails to include an estimated time of trial will be rejected by the Hearing Officer and not placed on the Hearing Officer’s trial list.

Official source

CRITICALCivil cases

Applies to: Motion for separate listing

The motion for a separate listing form must be completed in its entirety or it will be rejected and the case will not be placed on the Long Day Hearing List.

N.B. Failure to complete this form in its entirety will result in its rejection by the Family Court Administrator and the case will not be placed on the Long Day Hearing List.

Official source

CRITICAL

Applies to: Guardian petition for public sale

If there are no known next of kin who are sui juris to receive notice, public notice under the specified rules must be given and proof attached to the guardian’s petition.

When there are no known next of kin who are sui juris to whom notice may be given, public notice in accordance with the Pennsylvania Orphans’ Court Rules and the Chester County Orphans’ Court Rules must be given and proofs thereof must be attached to the petition as an exhibit;

Official source

CRITICALCivil cases

Applies to: Praecipe for determination

A party must file a Praecipe for Determination with the Prothonotary to submit a matter for decision.

To have any matter submitted to the Court for a decision, a party shall file with the Prothonotary a Praecipe for Determination.

Official source

CRITICAL

Applies to: Preliminary objection

Preliminary objections to jurisdiction or venue must be accompanied by a Rule to Show Cause stating separate Rule Returnable and Hearing dates.

All Preliminary Objections to jurisdiction or venue; in support, shall be accompanied by a Rule to Show Cause stating separate Rule Returnable and Hearing dates.

Official source

CRITICAL

Applies to: Plaintiff record of testimony
Must include: caption

Before the hearing, the Plaintiff must submit a captioned written Record of Testimony containing the specified signed and verified testimony and identified exhibits.

(2) The Plaintiff shall, prior to the hearing, submit to the Hearing Officer a written “Plaintiff’s Record of Testimony” bearing the case caption, and consisting of the following: (i) The Plaintiff’s testimony, in question-and-answer form, signed and verified by the Plaintiff, (ii) Any exhibits specifically identified in the Plaintiff’s evidence, and (iii) The testimony of each of the Plaintiff’s witnesses, in question-and- answer form, signed and verified by the witnesses.

Official source

CRITICAL

Applies to: Firearms release request

1. Firearms Release Request (PFA) C.C.R.C.P. 1901.7.A.(b)(3) Req’d by. 23 Pa.C.S. § 6108.1

Official source

CRITICALCivil cases

Applies to: Proposed pretrial order

Each Party shall submit a proposed pretrial order governing all of the matters set forth in this subparagraph.

Official source

CRITICALCivil cases

Applies to: Parenting coordinator application

This attorney affidavit form is required by the cited rule.

See CCRCP 1915.11-1.A.(b)(4)(i): form req’d by CCRCP 1915.11-1.A(b)

Official source

CRITICAL

Applies to: Indirect criminal contempt complaint

An indirect criminal contempt complaint must substantially conform to C.C.R.C.P. 1905.A.(c).

The complaint for indirect criminal contempt shall be substantially in the form prescribed in C.C.R.C.P. 1905.A.(c).

Official source

CRITICALCivil cases

Applies to: Tax exemption appeal

A court appeal involving a claimed real-estate-tax exemption must include the complete Board hearing transcript, all documentary evidence in the record, and the Board’s supporting findings and conclusions.

All appeals to court from a determination of the Board of Tax Assessment Appeals involving a claimed exemption from real estate tax shall be accompanied by the full and complete transcript of the hearing before the Board, together with all documentary evidence entered as part of that record and the Board’s Findings of Fact and Conclusions of Law in support of its decision.

Official source

CRITICALCivil cases

Applies to: Record submitted by local agency

The Local Agency’s record must include the specified materials and be accompanied by a Return of the Record listing its contents.

(d) The record submitted to the Court by the Local Agency in compliance with the Writ of Certiorari shall include (1) the proof of publication; (2) a complete copy of the ordinance, map and/or regulation under which the determination of the Local Agency was made, certified by counsel for the Local Agency or other Local Agency official to be the ordinance, map or regulation in effect when the decision was rendered or action taken which is the subject of the appeal; (3) the transcript of the proceedings before the Local Agency; and (4) all exhibits. The record shall be accompanied by a document entitled ‘’Return of the Record’’, which shall list the contents of the record.

Official source

CRITICAL

Applies to: Indirect criminal contempt affidavit

Form 3 is identified as the form required by CCRCP 1901.5.A.(a).

Form 3 See CCRCP 1905.A.(b): form req’d by CCRCP 1901.5.A.(a)

Official source

CRITICAL

Applies to: Hearing officer report

If the Hearing Officer accepts the credible prerecorded testimony, the report must certify that the Plaintiff and witnesses were examined under oath and substantiated the record, and that no sworn witness contradicted it.

(iii) The Hearing Officer, upon being satisfied that the Plaintiff’s record of testimony is credible, shall accept it and include it in the Hearing Officer’s report in lieu of findings on the merits, provided however, that in the report the Hearing Officer certifies that: (a) At the hearing and in the Hearing Officer’s presence the Plaintiff and witnesses offering prerecorded testimony were placed under oath and were examined and that they, by credible evidence, substantiated the facts set forth in the Plaintiff’s record of testimony, and (b) No witness who was sworn or affirmed presented testimony or evidence contrary to the facts set forth in such record testimony.

Official source

CRITICAL

Applies to: Parenting coordinator affidavit

The applicant must attach the insurance declaration page showing Professional Liability coverage for service as a Parenting Coordinator.

________ I maintain Professional Liability insurance of $___________, which coverage expressly covers me for serving as a Parenting Coordinator. The Declaration page showing the foregoing is attached.

Official source

CRITICALCivil cases

Applies to: Document commencing action

A complaint, praecipe, or other document commencing an action must have the required cover sheet attached.

Each complaint, praecipe or other document commencing an action shall have attached to it a cover sheet in the form set forth below

Official source

CRITICAL

Applies to: Notice

When a consumer credit bureau requests arrearage information, notice must use the form identified in the forms index as #10.

Notice shall be in the following form in all instances wherein any consumer credit bureau has requested information regarding arrearages: SEE FORMS INDEX (#10)

Official source

CRITICAL

Applies to: Continuance request

Family court continuance requests must use the specified standard motion/order form and be filed with the Family Court Administrator.

Family court continuance requests shall be made in accordance with the standard motion/order form described in C.C.R.C.P. 1930.1.A.(a) and shall be filed with the Family Court Administrator.

Official source

CRITICAL

Applies to: Motion

If no Hearing Officer has been appointed, the moving party must move for appointment of an equitable distribution Hearing Officer and pay the appropriate fee.

(3) In those cases where a Hearing Officer has not been appointed, the moving party shall motion for the appointment of an equitable distribution Hearing Officer and pay the appropriate fee.

Official source

CRITICAL

Applies to: Index of exhibits

The Clerk of Courts must prepare an index of accepted and rejected exhibits, including exhibits held by proponents, with the specified information for each exhibit.

(2) Index of Exhibits. The Clerk of Courts shall prepare a list of all exhibits that are accepted or rejected from evidence during a court proceeding (the “Index”), including those exhibits that remain in the custody of the proponent(s). For each exhibit listed, the Clerk of Courts shall: (a) identify the proponent and the exhibit number; (b) describe or identify the exhibit; (c) indicate whether the exhibit was admitted or rejected from evidence; (d) indicate whether the exhibit is in the custody of the Commonwealth or another proponent; and (e) indicate whether the exhibit is a substitute exhibit.

Official source

CRITICAL

Counsel, parties, and witnesses must be ready to proceed at the designated time.

Counsel, parties, and witnesses shall be ready to proceed at the designated time.

Official source

CRITICAL

Applies to: Preliminary objections

Preliminary Objections concerning jurisdiction or venue must include a Rule to Show Cause specifying separate Rule Returnable and Hearing Dates.

All Preliminary Objections to jurisdiction or venue shall be accompanied by a Rule to Show Cause stating separate Rule Returnable and Hearing Dates.

Official source

CRITICAL

Applies to: Motion

The Court Administrator assigns the motion and notice a hearing date on the miscellaneous list, and they must be filed with the Clerk of Courts.

The motion and notice shall be assigned a hearing date on the miscellaneous list by the Court Administrator, and shall be filed with the Clerk of Courts.

Official source

CRITICALCivil cases

Applies to: Extension notice

An extension agreement must be set out in written notice filed with the prothonotary.

A. The time for filing briefs and answers to petitions, motions and preliminary objections may be extended by agreement of the parties and with the approval of the court, provided written notice of the agreement for extension has been filed with the prothonotary.

Official source

CRITICALCriminal cases

Applies to: Indirect criminal contempt affidavit

The indirect criminal contempt affidavit must use the required form.

See CCRCP 1905.A.(b): form req’d by CCRCP 1901.5.A.(a)

Official source

CRITICAL

Applies to: Mental health affidavit

A mental health affidavit from a Parenting Coordinator applicant is required by the cited rule.

17. Affidavit – Mental Health C.C.R.C.P. 1915.11-1.A.(b)(4)(ii) (applicant: Parenting Coordinator) Req’d by C.C.R.C.P. 1915.11-1.A(b)(1)

Official source

CRITICAL

Applies to: Transcript

The parties shall attempt to resolve any such discrepancies prior to the hearing.

Official source

CRITICAL

Applies to: Notice and order to appear

A Notice and Order to Appear form for alleged willful disobedience or custody contempt is required by the cited rule.

18. Notice and Order to Appear (Custody) C.C.R.C.P. 1915.12.A.(f) (willful disobedience/contempt of custody) Req’d by C.C.R.C.P. 1915.12(a)

Official source

CRITICAL

Applies to: Form order

The form order appointing a Hearing Officer must include the claims the Hearing Officer will address.

C.C.R.C.P. 1920.74.A.(c): The form order for the appointment of the Hearing Officer shall include the claims to be addressed by the Hearing Officer.

Official source

CRITICAL

Applies to: Temporary custody order

The mediator must advise parties that they may consult an attorney, must not have them sign the order at mediation if they wish to consult counsel, and must provide them a copy.

If the parties reach an agreement regarding custody at mediation, the mediator shall advise them that they may review the Temporary Custody Order with an attorney. If the parties wish to review the Temporary Custody Order with their attorneys, the order shall not be signed, by the parties, at mediation. The mediator shall provide the parties with a copy of the Temporary Custody Order.

Official source

CRITICAL

Applies to: Public sale return

A return of public sale submitted for court approval or confirmation must include an affidavit stating the advertisement and purchaser details, and attach a complete copy of the written sale agreement.

(2) A return of public sale of real property for the purpose of an approval or confirmation by the Court shall include an affidavit, which shall set forth: (i) The advertisement made; (ii) The name and address of the purchaser and that said purchaser was the highest bidder; and (iii)As an attachment, a complete copy of the written agreement of sale.

Official source

CRITICAL

Applies to: Certificate of trial readiness

The certificate of trial readiness must state the estimated hearing time, or the demand will be rejected and the case will not be listed for trial.

Estimated time of hearing must be entered or the demand will be rejected by the Family Court Administrator and the case will not be listed for trial.

Official source

CRITICAL

Applies to: Praecipe to transmit

A praecipe to transmit under the specified provisions must state the date the counter-affidavit was served on the responding party.

(e) All Praecipe to Transmit under § 3301(c)(2) and 3301(d) shall include an averment regarding the date of service of the § 3301(c)(2) and 3301(d) counter-affidavit upon the responding party.

Official source

CRITICALCivil cases

Applies to: Firearm release request
Must include: certificate of service

If the district attorney is notified, attach a Certificate of Service indicating that at least 14 days have passed since the request.

DISTRICT ATTORNEY NOTIFIED?  YES  NO If YES, attach copy of Certificate of Service indicating that at least 14 days have passed since request

Official source

CRITICAL

Applies to: Petition

A petition for an allowance from a minor’s estate must include the specified guardianship, personal, financial, support, prior-allowance, and allowance-need information.

When a petition is necessary for an allowance from a minor’s estate, the petition shall set forth the: (1) Manner and date of the guardian’s appointment, as well as the guardian’s qualifications; (2) Age and residence of the minor, whether the minor’s parents are living, the name of the person with whom the minor resides, the age of minor’s spouse and children, if any; (3) Value of the minor’s estate, including real and personal property, and the minor’s gross and net annual income; (4) Circumstances of the minor, whether employed or attending school; if the minor’s parent(s), or other person charged with the duty of supporting the minor, is living, the financial condition and income of such person and why that person is not discharging his or her duty to support the minor; and whether there is adequate provision for the support and education of the minor, the minor’s spouse and children; (5) Date and amount of any previous allowance by the Court; and (6) Detailed financial requirements of the minor and the circumstances requiring the allowance.

Official source

CRITICAL

Applies to: Custody order

Every custody order must contain the specified relocation notice.

(3) All orders for custody shall include the following language: NOTICE: NEITHER PARTY SHALL RELOCATE THE CHILDREN WITHOUT PROPER CONSENT AND/OR COURT APPROVAL AS REQUIRED BY 23 Pa.C.S.§5337. STRICT COMPLIANCE WITH 23 Pa.C.S.§5337 (related to relocation) IS REQUIRED.

Official source

CRITICAL

Applies to: Mediator complaint

Complaints about a mediator must be in writing and sent to the Family Court Administrator for submission to the Court.

Complaints regarding a mediator shall be in writing and be sent to the Family Court Administrator for submission to the Court.

Official source

CRITICAL

Applies to: Pre trial statement
Must include: proposed order

The pre-trial statement must attach intended experts’ reports and a proposed order stating the requested disposition and supporting calculations.

(b) Any and all reports of any experts intended to be called and a form of proposed Order setting forth the requested disposition and supporting calculations shall be attached to the Pre-Trial statement.

Official source

CRITICAL

Applies to: Real estate bail posting

When realty is offered for bail, the specified deed, tax, mortgage, title-search, tax-receipt, and (where applicable) out-of-county Prothonotary documents must be provided to the Clerk of Courts.

If realty is offered to satisfy the bail set for a defendant, whether before an issuing authority or thereafter, the following must be provided to the Clerk of Courts of Chester County: (i) the original deed, or a true copy certified by the Recorder of Deeds, for the realty being posted; (ii) a certificate from the Tax Assessment Office of the county in which the property is located, setting forth a general description of the property, the tax book references, and the assessed valuation of the realty as of the time the bail is requested; (iii) if the property is mortgaged, the original of a statement from the mortgagee indicating the unpaid balance due; (iv) a lien, judgment, and last owner search, dated not more than two (2) days prior to the posting of the bail, prepared by a reputable title insurance company or a reputable local abstracter; (v) the most recent tax receipts for county and school taxes applicable to the realty; and (vi) if the realty offered is situated in another county, a written statement from the Prothonotary of such county that, in the event of forfeiture of the bail, said Prothonotary will accept said forfeiture for filing in that county and for entry and indexing as a judgment against the surety.

Official source

CRITICAL

Applies to: Inter vivos trust instrument

The original inter vivos trust instrument and amendments must be filed when the Court first needs to exercise jurisdiction over the trust, and the Clerk must index and record the instrument.

The original trust instrument and any amendments thereto, shall be filed with the Clerk when the Court is first required to exercise its jurisdiction over the inter vivos trust. The instrument shall be indexed and recorded by the Clerk.

Official source

CRITICAL

Applies to: Transcript

The entire transcripts of the plea and any sentencing proceedings must be prepared unless the Court limits them.

The entire transcripts of such proceedings shall be prepared unless limited by the Court.

Official source

CRITICAL

Applies to: Parenting coordinator roster application

The roster application must acknowledge that the applicant will accept one pro bono assignment, up to 12 hours per case, for every two fee-generating assignments.

(3) An acknowledgment that for every 2 fee generating Parenting Coordination assignments, he or she must accept one pro bono assignment (up to 12 hours per pro bono case).

Official source

CRITICALCivil cases

Applies to: Initial filing

An initial pleading or other initial filing must include a praecipe for entry of appearance containing the filer’s name, complete address, telephone number, and, if applicable, attorney identification number.

Every initial pleading, or other initial filing, by a party with the prothonotary shall be accompanied by a praecipe for entry of appearance which shall include the attorney’s or unrepresented party’s name, complete address, telephone number, and attorney identification number (if applicable).

Official source

CRITICALCriminal cases

Applies to: Juvenile payor application form

The juvenile-payor application must include the assigned probation officer’s summary of the payor’s supervision performance, including the listed behavior and restitution information.

2. A summary by the probation officer assigned to the juvenile payor regarding his/her overall performance while under supervision, including school, home and community behavior, community service hours ordered and completed and the amount of restitution ordered and paid to date.

Official source

CRITICAL

Applies to: Notice and order to appear

A Notice and Order to Appear form for custody proceedings is required by the cited rule.

11. Notice and Order to Appear (Custody) C.C.R.C.P. 1915.4.A.I.(c) Req’d by C.C.R.C.P. 1915.4.A.I.(c)

Official source

CRITICAL

Applies to: Probable cause affidavit

A probable cause affidavit must substantially conform to C.C.R.C.P. 1905.A.(b).

The probable cause affidavit shall be substantially in the form prescribed in C.C.R.C.P. 1905.A.(b).

Official source

CRITICAL

Applies to: Petition

The petition must state the specified appointment, bond, estate, sale, and additional-security information; a request to waive additional security must include interested parties’ consent and a justification addressing creditors and taxes.

(ii) The date of the petitioner’s appointment; (iii) The amount of the bond(s) filed by the petitioner(s) and the date of such filing and the name(s) of the petitioner’s surety; (iv) The total valuation of the personal estate as shown in the inventory and appraisement, if any, and the total proceeds of any real estate sold previously; (v) A short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid; (vi) A prayer for an order fixing the amount of additional security or for an order excusing the petitioner(s) from filing additional security, as the case may be; and (vii) In those cases in which waiver of additional security is sought, the consent of the interested parties shall be attached and a statement as will justify the waiver of the additional security shall be included, and said statement shall include, but not be limited to, an averment that there are no creditors whose claims shall be jeopardized by the sale and that all taxes have been paid.

Official source

CRITICALCivil cases

Applies to: Commercial property discovery production

For commercial-property cases, the taxpayer must provide applicable income and expense statements and specified rent-roll materials to all other parties within 30 days after filing, and must allow a noticed inspection at a reasonable time.

3. In cases involving commercial properties, the taxpayer shall provide, where applicable, the following to all other parties within thirty (30) days of filing the appeal: (A) Income and expense statements for three (3) years prior to the appeal year; (B) A current rent roll, including a list of tenants, rental amounts, lease periods and a sample lease with any special terms or renewal options; (C) The right to inspect the property at a reasonable time with notice.

Official source

CRITICAL

Applies to: Certification of trial readiness

The certification must attest that discovery is complete, state how the grounds for divorce were established and provide the relevant filing dates, and state when all interested parties were notified.

I hereby certify that: 1. Discovery is complete; 2. Grounds for Divorce have been established by: a. Affidavits of Consent under § 3301(c) were filed on _________ and _________; b. An Affidavit under § 3301(d) was filed on_________ and a counter-affidavit on _________; c. An Affidavit to establish Presumption of Consent under § 3301(c)(2) was filed on _______ and a counter-affidavit on _______. 3. On ________________, I notified all interested parties.

Official source

CRITICALCivil cases

Applies to: Verification

A verification concerning the party’s and household members’ criminal records or abuse history must be filed in the attached form.

4. You must file with the Court a verification as required by Pa.R.C.P. 1915.3-1 in the form attached regarding any criminal record or abuse history regarding you and anyone living in your household within thirty days of the service of the within complaint or petition on you, but not later than the custody conciliation conference scheduled in Paragraph 2, above.

Official source

CRITICALCivil cases

Applies to: Petition
Must include: proposed order

A petitioner must attach to any petition a proposed order substantially in the form shown as Form C on page 66.

The petitioner shall attach to any petition a proposed order substantially in the following form: See Form C on Page 66

Official source

CRITICAL

Applies to: Stipulation and order

(1) File a stipulation and order outlining the terms of their agreement.

Official source

CRITICAL

Applies to: Petition

Where applicable, a mortgage-or-lease petition must attach the listed appointment document, party consents and notices, mortgagee statement, and appraisal.

The following exhibits shall be attached to the petition where applicable: (i) A copy of the will, deed, or decree by which the fiduciary was appointed; (ii) Consents to the mortgage or lease signed by those interested parties who do not join in the petition, and the names and a copy of the notice which has been given to those parties who do not consent; (iii) A statement by the proposed mortgagee agreeing to grant the mortgage loan; and, (iv) An appraisal by a licensed real estate appraiser of the real property on which the proposed mortgage is to be secured.

Official source

CRITICAL

Applies to: Guardianship petition

The proposed guardian’s written consent to appointment must be attached to the guardianship petition.

The proposed guardian’s written consent to his or her appointment as guardian shall be attached to the petition.

Official source

CRITICAL

Applies to: Guardianship order

If an appointed guardian is required to post bond, the Clerk may not issue the guardian a copy of the guardianship order until the bond is filed.

If bond is required of an appointed guardian, the Clerk shall not issue a copy of the guardianship order to the guardian until the bond has been filed.

Official source

CRITICAL

Applies to: Order

The order required by Pa.R.Civ.P. 1915.12(a) must use the form in Forms Index #18.

(f) The form of order required by Pa.R.Civ.P. 1915.12(a) shall be in the following form: SEE FORMS INDEX (#18)

Official source

CRITICAL

Applies to: Motion for appointment of hearing officer

A motion for appointment of a Hearing Officer must be filed in the Prothonotary’s office with a cover sheet available there.

Cover Sheet - Any motion for appointment of a Hearing Officer shall be filed in the office of the Prothonotary and shall be accompanied by a cover sheet, available at the office of the Prothonotary.

Official source

CRITICAL

Applies to: Order

A party obtaining an order must provide the Clerk of Courts two copies when filing the order.

A party who has obtained an order shall, at the time of filing, supply to the Clerk of Courts two (2) copies thereof to be conformed and delivered by the Clerk in accordance with the State Rules.

Official source

CRITICAL

Applies to: Notice of hearing to plaintiff

A Notice of Hearing to Plaintiff form is required by the cited rule.

6. Notice of Hearing to Plaintiff (PFA) C.C.R.C.P. Rule 1905.A.(e) Req’d by C.C.R.C.P. 1901.5.A.(e)

Official source

CRITICAL

Applies to: Decree of divorce

A divorce decree issued in the described circumstances must substantially follow the form prescribed by Pa.R.Civ.P. 1920.76.

(b) The decree of divorce in such circumstances shall be substantially in the form as prescribed by Pa.R.Civ.P. 1920.76.

Official source

CRITICAL

Applies to: Conditional parole order

For a conditional parole order effective after a sentence of 30 days or less, counsel must give the defendant a certified copy immediately after sentencing, and the defendant must present it at prison when reporting to serve the sentence.

In all cases where the Court has signed a conditional order of parole to be effective after defendant serves thirty (30) days or less prison sentence, defendant’s counsel shall provide the defendant with a certified copy of said order immediately after sentencing. The defendant shall present that certified parole order at the prison when the defendant reports to begin serving the sentence.

Official source

CRITICALCivil cases

Applies to: Certificate of readiness

The certificate must state an estimated hearing time or it will be rejected and the case will not be listed for trial.

Estimated time of hearing: __________________ (An estimated time of hearing must be entered or the certificate will be rejected by the Family Court Administrator and the case will not be listed for trial.

Official source

CRITICAL

Applies to: Order vacating dismissing or permitting withdrawal

An order vacating, dismissing, or allowing withdrawal in a Protection from Abuse case involving relinquished weapons must include the stated return provision and its conditions.

In any Protection from Abuse case where weapons have been ordered relinquished, an order vacating, dismissing, or permitting the withdrawal of the matter shall include the following provision for the return of weapons: The Sheriff of Chester County shall return all weapons, firearms and ammunition as enumerated on the itemized list of seized weapons provided to the Defendant by the Sheriff at the time the original seizure was ordered provided: (a) The Defendant can show proof the Petitioner has been notified of the Defendant’s request to return seized weapons; (b) The Defendant must be given a clearance by the Pennsylvania State Police Instant Check System Unit or through the National Instant Criminal Background Check System (NICS), requested by the Sheriff’s office; (c) The weapons are not evidence of a crime; (d) The Defendant is not otherwise prohibited from taking possession of the seized weapons, firearms or ammunition.

Official source

CRITICAL

Applies to: Pretrial statement

Each Pretrial Statement must include the specified claims or defenses, facts, issues and citations, witness list, exhibit schedule, expert report, proposed Final Order or Parenting Plan, and updated Custody Crimes Affidavit.

A Pretrial Statement, (see Form 13) not to exceed three (3) pages in length, shall be filed by each party five days prior to the Pretrial Conference containing the following information: (1) a brief statement of the claim(s) being made by the moving party or the defense(s) made by the responding party; (2) a concise statement of the facts; (3) a concise statement of the factual or legal issues involved, if any, including citations to applicable statutes or case law, if any; (4) a list showing the names and addresses of all witnesses each party intends to call at trial; (5) a schedule of all exhibits to be offered at trial; (6) Any expert report; (7) a proposed Final Order/Parenting Plan; and (8) updated Custody Crimes Affidavit.

Official source

CRITICAL

Applies to: Proof of attendance

Should the Court grant permission to attend an alternate program proof of attendance must be produced.

Official source

CRITICAL

Applies to: Pretrial statement

A Pretrial Statement is required by the cited rule.

13. Pretrial Statement C.C.R.C.P. 1915.4.A.II.(d) Req’d by C.C.R.C.P. 1915.4.A.II.(d)

Official source

CRITICAL

Applies to: Corporate fiduciary certificate

A corporation seeking to act as a fiduciary must file with the Clerk a copy of a current certificate evidencing its fiduciary powers, certified as true and correct by an executive officer.

Corporations having fiduciary powers and authorized to do business in Pennsylvania may act as fiduciaries in matters pending in this Court if a copy of a currently effective certificate issued by the Pennsylvania Banking Department, the Comptroller of Currency, or the Federal Reserve Board, as the case may be, evidencing its right to exercise fiduciary powers, certified to be true and correct by an executive officer of the corporation, is filed with the Clerk.

Official source

CRITICAL

Applies to: Petition

Petitioners must attach a preliminary decree to the petition when filing it.

(viii) Petitioner(s) shall attach, at the time of filing, a preliminary decree to the petition

Official source

CRITICAL

Applies to: Petition

When the specified personal representative or trustee must give bond for a public sale not ordered or authorized by the court, the petitioner must present a petition before sale proceeds are paid, stating the listed dates, bond and surety information, and estate and prior-sale values.

(1) In a public sale by a personal representative or trustee without benefit of an order of court directing or authorizing such sale, where the personal representative or trustee is required to give bond, he/she shall, before the proceeds of the sale are paid to the personal representative or trustee by the purchaser, present a petition to the Court setting forth: (i) The date of death of the decedent; (ii) The date of the petitioner’s appointment; (iii) The amount of the bond(s) filed by the petitioner(s) and the date of such filing and the name(s) of the petitioner’s surety; (iv) The total valuation of the personal estate as shown in the inventory and appraisement, if any, and the total proceeds of any real estate sold previously;

Official source

CRITICALCivil cases

Applies to: Initial pleading or appearance

An initial pleading or appearance by a party represented by a firm or attorney association must clearly identify the supervising attorney’s name, address, telephone number, and attorney identification number.

The initial pleading or appearance on behalf of a party represented by a firm or partnership or association of attorneys shall indicate clearly to the prothonotary the name, address, telephone number, and attorney identification number of the particular attorney who is supervising the conduct of the case.

Official source

CRITICALCivil cases

Applies to: Appeal

An appeal must identify the taxpayer and taxing authorities, the property, the reasons for appeal, and include any applicable Board decision; the stated descriptions suffice for fair-market-value and uniformity challenges.

1. Names and addresses of the taxpayer and the taxing authorities. 2. Identification of the property, including street address and tax parcel number. 3. Reason(s) for the appeal. For purposes of this section, where a challenge is based on fair market value, it shall be sufficient to state that the assessment is excessive or inadequate. Where the challenge is based on uniformity, it shall be sufficient to state lack of uniformity as the basis for the appeal. 4. Copy of any applicable decision of the Board.

Official source

CRITICAL

Applies to: Modification petition
Must include: caption

A petition to modify a child-support provision in a property settlement agreement must be filed with the Prothonotary under the divorce caption.

Such petition must be filed with the Prothonotary’s Office under the divorce caption and will be heard by a family court judge.

Official source

CRITICALCivil cases

Applies to: Initial filing

Every initial filing, including transferred or lodged actions, must be assigned a case type code.

All initial filings in this court, which include actions commenced elsewhere and being transferred to or lodged in this court, require the assignment of a case type code.

Official source

CRITICAL

Applies to: Inventory

Each party must file an inventory in an action involving a claim for determination and distribution of property under Section 3502 of the Divorce Code.

Pa.R.Civ.P. 1920.33(a) requires the filing of an inventory by each party within ninety (90) days after service of a pleading or petition containing a claim for determination and distribution of property under Section 3502 of the Divorce Code.

Official source

CRITICAL

Applies to: Interim distribution claim

A claim for Interim Distribution must be raised by filing a verified petition with a rule returnable.

(2) Claims for Interim Distribution shall be raised by the filing of a verified petition with a rule returnable.

Official source

CRITICALCivil cases

Applies to: Conference memorandum

A conference memorandum must describe the action and the plaintiff's claim and defendants' defenses, state salient facts, list all monetary damages or provide adequate information for other requested relief, and include special comments on legal or other appropriate matters.

The conference memorandum shall set forth the following: (1) A brief statement of the nature of the action; plaintiff shall set forth the claim and defendant(s) shall set forth the defenses. (2) A statement of the salient facts of the case. (3) A list of all monetary damages claimed, including lost earnings, loss of future earning capacity, medical expenses (item- ized), etc. If relief other than monetary damages is sought, information adequate for an order granting the relief sought shall be furnished. (4) Special comments regarding legal issues or other appropriate matters.

Official source

CRITICAL

Applies to: Sentencing guideline form

The sentencing judge must complete the guideline forms and transmit them to Pennsylvania, except that the District Attorney completes the disposition sections for plea agreements.

The sentencing judge shall be responsible for the final completion of the sentencing guideline forms and for the transmittal of those forms to the Commonwealth of Pennsylvania. For Plea Agreements the District Attorney shall complete the disposition sections.

Official source

CRITICAL

Applies to: Written notice

When a complaint or petition is scheduled for hearing before a Domestic Relations Hearing Officer and the parties reach an agreement that resolves the outstanding issues prior to the scheduled hearing, the parties shall immediately notify the Domestic Relations Office in writing and within thirty (30) days after the date set for hearing:

Official source

CRITICAL

Applies to: Sentencing guideline form

Before entering the plea, the defendant must review the sentencing guidelines with counsel.

Prior to entering the plea, the defendant shall review with counsel the sentencing guidelines.

Official source

CRITICALCivil cases

Applies to: Motion

When counsel avers that pleadings, documents, or discovery requests were exchanged or transferred, copies must be attached to the motion unless they are already in the record, in which case they may be incorporated by reference.

Generally, motions may be used to obtain relief upon undisputed facts of record, with several exceptions, one of which shall be that averments by counsel that pleadings, documents or discovery requests have been exchanged or transferred. In the latter event copies of all such documents shall be attached, unless already in the record, in which event they can be incorporated by reference.

Official source

CRITICALCivil cases

Applies to: Bill of costs

A bill of costs must have attached an affidavit affirming its correctness and the attendance and materiality of the witnesses.

(a) Affidavit. The affidavit of the party or other person to the correctness of the bill of costs and the attendance and materiality of the witnesses shall be annexed and shall be prima facie evidence to the taxing officer.

Official source

CRITICAL

Applies to: Police department coversheet

A Police Department coversheet accompanying a certified copy of a PFA order is required by the cited rule.

2. Coversheet to Police Dept (PFA) C.C.R.C.P. Rule 1905.A.(a) (to accompany certif. copy PFA order) Req’d by C.C.R.C.P. 1901.4.A.

Official source

CRITICAL

Applies to: Rule returnable

14. Rule Returnable (Custody) C.C.R.C.P. 1915.4.A.III.(a), 1915.13.a. and 1930.1A.(c) Req’ by Pa.R.C.P. 206.6

Official source

CRITICAL

Applies to: Petition

The small-estate petition must have the specified pre-filing disbursement list, inheritance-tax materials, and any notice attached.

There shall be attached to the petition the following exhibits: (a) An itemized list of disbursements made prior to the filing of the petition, indicating the payee and whether the disbursements were in payment of administration expenses, preferred or ordinary debts, items of distribution or the family exemption; (i) A copy of the inheritance tax return and, if applicable, proof of payment; and (ii) A copy of any notice given.

Official source

CRITICAL

Applies to: Bail surety verification

When realty is offered for bail, the owner must file a verification of surety and a verified statement about undisclosed liens or encumbrances in the presence of the specified staff.

When realty is offered for bail, the owner(s) shall, in the presence of a member of the issuing authority’s staff or Clerk of Courts’ staff, file a verification of surety in the form required by the Clerk of Courts, and a verified statement that the realty posted is not subject to any outstanding lien, encumbrance, or agreement not shown in the search required by C.C.R.Crim.P. 528(D).1(iv).

Official source

CRITICAL

Applies to: Motion for appointment of hearing officer

The motion must certify that the completed inventory has been filed and served on the other party.

The motion shall include a certification that the completed inventory has been filed and served on the other party.

Official source

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Official source

CRITICAL

Applies to: Form 15

Form 15 is required by the cited CCRCP provision.

Form 15 See CCRCP 1915.11.A(b)(2)(ii)(a): form req’d by CCRCP 1915.11.A.(b)(2)

Official source

CRITICALCivil cases

Applies to: Verified statement

At the time of filing the appeal, the tenant must file a verified statement listing the amount and due dates of rental payments during the proceedings.

(1) at the time of filing the appeal, files with the prothonotary a verified statement of his intentions of depositing monthly rental payments required by the lease which will become due during the pendency of the court of common pleas proceedings listing the amount of rental payments to become due per month and the dates when said payments are due, a copy of which shall be served upon the appellee by certified mail within five (5) days;

Official source

CRITICALCriminal cases

Applies to: Order scheduling adjudicatory hearing

Except in unusual circumstances, an order granting an extension must schedule the adjudicatory hearing for a date certain.

Except for unusual circumstances, any extension granted shall be provided within an order scheduling the adjudicatory hearing to begin on a date certain.

Official source

CRITICAL

Applies to: Index of exhibits

A records office taking custody of exhibits must prepare an index covering all exhibits, including those retained by proponents, with specified identifying, evidentiary-status, custody, and substitute-exhibit information.

Any records office taking custody of exhibits during or after a court proceeding shall prepare a list of all exhibits that are accepted or rejected from evidence during the court proceeding (the “Index”), including those exhibits that remain in the custody of the proponent(s). For each exhibit listed, the records office shall: (a) identify the proponent and the exhibit number; (b) describe or identify the exhibit; (c) indicate whether the exhibit was admitted or rejected from evidence; (d) indicate whether the exhibit is in the custody of the court appointed designee or a proponent; and (e) indicate whether the exhibit is a substitute exhibit.

Official source

CRITICALCivil cases

Applies to: Appeal

The appellant must file an affidavit of service within 20 days after serving the appeal.

3. Within twenty (20) days of service of the appeal, the appellant shall file an affidavit of service.

Official source

CRITICAL

Applies to: Sentencing guideline form

After consulting defense counsel and before sentencing, the District Attorney must give the sentencing judge a guideline form completed except for the disposition section and provide defense counsel a copy.

The District Attorney shall, after consultation with defense counsel and prior to sentencing, supply the sentencing judge with a sentencing guideline form completed except for the disposition section. Defense counsel shall be provided with a copy of the guideline form to be submitted by the District Attorney.

Official source

CRITICAL

Applies to: Verification

File the required verification concerning criminal records or abuse history for you and household members by the earlier of 30 days after service or the custody conciliation conference.

Official source

CRITICAL

Applies to: Transcript

If the preliminary hearing was electronically recorded, each party must review the transcript and note any objections or discrepancies for the Court before the hearing.

If the preliminary hearing was recorded electronically, each party shall review the transcript, and, prior to the hearing, note any objections or discrepancies for the Court.

Official source

CRITICAL

Applies to: Icc complaint

An ICC Complaint form is required by the cited rule.

4. ICC Complaint (PFA) C.C.R.C.P. Rule 1905.A.(c) Req’d by C.C.R.C.P. 1901.5.A.(a)

Official source

CRITICAL

Applies to: Petition for modification

A Petition for Modification must specify the modification sought and the reasons for it.

(c) All Petitions for Modification shall allege with specificity the modification sought and the reasons for seeking the modification.

Official source

CRITICALCivil cases

Applies to: Request for oral argument

A request for argument before a court en banc must be presented first to the assigned judge.

Requests for argument before a court en banc shall be presented initially to the assigned judge.

Official source

CRITICALCivil cases

Applies to: Class action certification appeal record

A full record must be made before the Board of Assessment Appeals in every appeal involving class-action certification.

In all cases involving an appeal from class action certification, a full record shall be made before the Board of Assessment Appeals.

Official source

CRITICAL

Applies to: Hearing officer report

The attorney’s final report must be attached to and made part of the Hearing Officer’s report.

The final report shall be attached to and made a part of the report of the Hearing Officer.

Official source

CRITICAL

Applies to: Plea agreement

Every plea agreement must be written on a Chester County guilty plea colloquy form and signed by the defendant, defense counsel if represented, and the Assistant District Attorney.

All plea agreements shall be in writing, on Chester County guilty plea colloquy forms, signed by the defendant, defense counsel, (if represented) and the Assistant District Attorney.

Official source

CRITICAL

Applies to: Parenting coordinator roster application

The roster application must include an acknowledgment that the applicant has read the AFCC and APA Parenting Coordinator Guidelines.

(2) An acknowledgment the applicant has read the Association of Family and Conciliation Courts (AFCC) Parenting Coordinator guidelines and the American Psychological Association (APA) Parenting Coordinator Guidelines. AFCC Parenting Coordinator guidelines are posted at https://www.afccnet.org/Portals/0/AFCCGuidelinesforParentingcoordinationnew.pdf and the APA Parenting Coordinator Guidelines are posted at https://www.apa.org/pubs/journals/features/parenting-coordination.pfd; and

Official source

CRITICAL

Applies to: Petition for contempt

A contempt petition must specifically allege the facts constituting willful noncompliance and state the remedy sought.

(b) All petitions for Contempt shall allege with specificity the facts that constitute a willful failure to comply and indicate the remedy the party is seeking.

Official source

CRITICAL

Applies to: Real estate bail posting

Realty may be accepted for bail only after the necessary documents have been provided and the Clerk of Courts has determined that the net value equals or exceeds the bail amount.

Only after necessary documentation is provided to, and such determination made by the Clerk of Courts may realty be accepted for bail.

Official source

WARNING

Applies to: Continuance motion

Similarly, orphans’ court continuances should be requested using the form of motion and order on the Register of Wills/Clerk of the Orphans’ Court website (www.chesco.org/wills under “Forms”). The motion should be submitted to the Orphans’ Court Administrator unless otherwise directed by the judge’s chambers.

Official source

WARNING

Applies to: Settlement conference statement

At the settlement conference, each party must submit a statement with biographical information and identify all legal or factual disputes or issues.

The Hearing Officer shall conduct a settlement conference at which both parties shall submit a statement, which: (b) Gives biographical information of each party, including but not limited to, age, education, occupation, income, health and children; (c) Identifies any and all legal or factual disputes or issue.

Official source

WARNING

Applies to: Petition

Upon petition and good cause shown, the Court may authorize a constable to transport a confined person for humanitarian reasons or other good cause, at the defendant’s or County’s cost.

As there are instances when, for humanitarian reasons, or for other good cause, persons in confinement need to be transported from the place of confinement to another location, the Court may, upon petition and good cause shown, issue an Order authorizing the transport, either at the cost of the defendant, or at the cost of the County, to be made by a constable.

Official source

WARNING

Applies to: Corporate fiduciary bond

An approved corporate fiduciary generally need not provide a bond, except when required by statute or for special cause shown.

Except where required by statute or for special cause shown, a bond will not be required of an approved corporate fiduciary.

Official source

WARNING

Applies to: Certification of trial readiness

The parties may file a Certification of Trial Readiness after the settlement conference if discovery is complete, its deadline has passed, the case has not settled, and divorce grounds have been established.

At the conclusion of the settlement conference, if all discovery has been completed, the deadline for discovery has passed, the case has not settled and divorce grounds have been established, the parties may file a Certification of Trial Readiness.

Official source

WARNINGCivil cases

Applies to: Order for appearance form

The form requests information about court-ordered evaluations or therapy in the last six months, when ordered, and whether a report will be provided at the conference.

Have the parties/children participated in any court ordered evaluations or therapy within the last six months. If yes, when was it ordered? Will a report from the therapist/evaluator be provided at the conciliation conference?

Official source

WARNINGCivil cases

Applies to: Motion

A movant must not treat an opponent's non-responsiveness as a lack of opposition.

Comment: Non-responsiveness on the part of an opponent shall not be equated by the movant to the lack of contest.

Official source

WARNINGCivil cases

Applies to: Pre arbitration memorandum

A party may not call a witness omitted from its timely filed memorandum unless the arbitrators determine extraordinary circumstances exist.

Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to call a witness at the arbitration hearing who is not listed in a timely-filed pre-arbitration memorandum.

Official source

WARNINGCivil cases

Applies to: Praecipe for determination

The Praecipe for Determination must substantially follow the form provided in the rule.

The Praecipe for Determination shall be in substantially the following form:

Official source

WARNINGCivil cases

Applies to: Certified arbitration registration form

An attorney seeking appointment to an arbitration board must file a certified registration form stating the specified experience, practice areas, and practice association information.

In order to be considered for appointment to a board of arbitrators, an attorney admitted to practice before the Supreme Court of Pennsylvania who is actively engaged in the practice of law primarily in Chester County and who maintains an office in Chester County shall file with the office of the Court Administrator a certified arbitration registration form indicating whether or not he or she has substantial experience in civil litigation; listing the number of years of such experience and those areas of practice in which he or she has substantial litigation experience and stating if he or she is practicing alone, is a member of a firm, or is associated in some way with one or more other lawyers (either in private practice or as an employee of some public office such as the district attorney’s office, public defender’s office, legal aid, etc.).

Official source

WARNINGCivil cases

Applies to: Motion

A motion may be treated as uncontested if the moving party appends a certificate confirming counsel conferred with all interested parties and was affirmatively advised that no one objects to the proposed relief.

A motion may be treated as uncontested when the moving party appends to it a certificate that counsel has conferred with all interested parties in respect to the matter and has been affirmatively advised that there are no objections to the relief sought in the proposed order.

Official source

WARNING

Applies to: Guilty plea form

For a summary-offense plea, the form may consist only of the disposition page and state the offenses and sentence.

For pleas to a summary offense, the plea form need only consist of the disposition page, and need only state the offenses to which the defendant is pleading and the sentence which the defendant is to receive.

Official source

WARNINGCivil cases

Applies to: Certificate of readiness
Must include: certificate of service

The certificate includes a statement certifying that a copy was served and identifying the recipient.

I hereby certify that on _______________________________, 20____, I served a copy of this certificate on ______________________________________________________.

Official source

WARNINGCivil cases

Applies to: Motion

If the movant does not file a praecipe for determination, a non-moving party may file one; if the movant has not filed a brief, the non-moving party need not file one.

If the movant has failed to file a praecipe for determination, any non-moving party may file a praecipe for determination to bring the motion before the Court; if the movant has not filed a brief the non-moving party shall not be required to file one, and the court may consider the movant to have abandoned his or her position.

Official source

WARNINGCivil cases

Applies to: Motion

The court may treat a motion as uncontested if no response is filed.

Official source

WARNINGCivil cases

Applies to: Request for oral argument

A party requesting oral argument may file a separate Request for Oral Argument with the brief, identifying the assigned judge and matter, explaining why argument is necessary, and stating the Praecipe for Determination filing date.

Any party may “request oral argument by filing with the brief a separate “Request for Oral Argument” which shall include the following: 1. The judge to whom the matter is assigned. 2. The specific matter (Petition/Motion/Preliminary Objections, etc.) as to which oral argument is requested. 3. A concise statement setting forth why oral argument is necessary. 4. The date upon which the Praecipe for Determination was filed.

Official source

WARNING

Applies to: Affidavit

The affidavit must include the insurance declaration page showing coverage for service as a Parenting Coordinator.

5. _________ I maintain Professional Liability insurance of $___________, which coverage expressly covers me for serving as a Parenting Coordinator. The Declaration page showing the foregoing is attached.

Official source

WARNINGCivil cases

Applies to: Order for appearance form

The form requests a statement explaining why each child's appearance is necessary, separately addressing each child when more than one is requested.

Please provide a statement as to why the child’s appearance is necessary. If the request is for more than one child to appear, please highlight why each child is necessary.

Official source

WARNING

Applies to: Affidavit

The affidavit must include verification for each required training.

3. ________ I have obtained the special training required by the Rule and have attached verification for each training:

Official source

WARNING

Applies to: Discovery stipulation

Before entering a discovery stipulation, the parties must consider the adverse effect of discovery expenses on the estate or trust and make a good-faith effort to mitigate it.

Before entering into such discovery stipulation, the parties must consider how discovery related expenses will adversely impact the subject estate or trust and make a good faith effort to mitigate that impact.

Official source

WARNING

Applies to: Motion

A landlord seeking termination of the supersedeas must proceed by motion and order, certify two days’ notice to the tenant or counsel, and provide a copy of the escrow account; the court may terminate the supersedeas for a payment not deposited within five days after it was due.

Upon motion and order and certification of two days notice to tenant or his counsel by the landlord, accompanied by a copy of the escrow account from the prothonotary’s office, the court may terminate the supersedeas if a monthly rental payment was not deposited in escrow within five (5) days after the date the rental payment became due.

Official source

WARNING

For disputed matters, all attorneys and parties must comply with Rule L1.6.

For any disputed matters, all attorneys and parties are required to comply with Rule L1.6.

Official source

WARNING

Applies to: Parenting coordinator appointment pleading

Either party may seek appointment of a Parenting Coordinator by filing the appropriate pleading; for an agreed appointment, that pleading is required but may be accompanied by a stipulation and appointment order.

Either party may file the appropriate pleading pursuant to Pa.R.Civ.P. 1915-22, seeking the appointment of a Parenting Coordinator. If the parties agree to the appointment of a Parenting Coordinator and to the Parenting Coordinator, the appropriate pleading is required but may be accompanied by a stipulation and order appointing a Parenting Coordinator in accordance with Pa.R.Civ.P. 1915.22.

Official source

WARNINGCivil cases

Applies to: Petition

A petition’s title should identify exactly the relief sought and the parties seeking and opposing it.

A petition should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely “petition”, it should be designated Defendant Jones’ Petition for Extension of Time to Join Smith as Additional Defendant).

Official source

WARNING

Applies to: Pfa forms

The specified PFA forms must be available from Family Court Administration and substantially conform to Pa.R.Civ.P. 1905(a), (b), and (c).

The notice of hearing and order, petition and temporary Protection from Abuse order substantially in the form required by Pa.R.Civ.P. 1905(a), (b) & (c), shall be available from Family Court Administration.

Official source

WARNINGCivil cases

Applies to: Motion

Motions should include a brief statement of applicable authority.

All motions should include a brief statement of applicable authority.

Official source

WARNING

Applies to: Exhibit list

Each counsel should keep a list of exhibits and should keep track of when each exhibit has been admitted into evidence.

Official source

WARNING

Applies to: Appraisement

An appraisement is not required unless the Court orders one.

No appraisement shall be required unless ordered by the Court.

Official source

WARNING

Applies to: Waiver of notice of intention

The notice of intention may be waived, but the waiver must be in writing, signed by counsel of record or the parties, and filed of record.

The notice of intention to file the withdrawal of ancillary claims may be waived. Waivers shall be in writing and signed by counsel of record, or the parties and filed of record.

Official source

WARNING

Applies to: Certificate of trial readiness

CHOOSE ONE: Evaluations ARE/ARE NOT pending.

Official source

WARNINGCivil cases

Applies to: Motion

A supporting brief is unnecessary for specified uncontested discovery motions based on nonresponse and for motions supported by counsel's stipulation; a brief is required for the described discovery motions if an objection exists or the movant believes the motion is contested.

No brief is necessary for the following motions: (i) motion for sanctions and/or to compel in discovery matters where the only relief sought is to compel answers to interrogatories, to compel a response to a request for production of documents or things, to compel a party to appear for his or her deposition, physical examination or mental examination, or to permit entry upon land for inspection, where the motion is based upon the failure of the other party or parties to have responded to the discovery or other request and the motion is believed to be uncontested, but if the party from whom discovery, examination or inspection, etc. is sought or any other party to the action has objected to the requested discovery, examination, inspection, etc. and/or the moving party believes the motion to be contested, then briefs, in accordance with C.C.R.C.P. 210, shall be submitted as set forth above; (ii) any motion supported by a stipulation of counsel.

Official source

WARNINGCivil cases

Applies to: Notice to defend

The required Notice to Defend must include the Chester County Bar Association Lawyer Referral and Information Service’s address and telephone number.

(a) The office to be contacted for legal help to be included in the form of Notice to Defend required by Pa.R.C.P. 1018.1(b) is: Lawyer Referral and Information Service Chester County Bar Association 15 West Gay Street West Chester, PA 19380 (610) 429-1500

Official source

WARNING

Applies to: Points for charge

If special or unusual issues or rules of law are at issue, or if points for charge are requested which are not from standard jury instructions, written points for charge should be submitted with citations of authority for each point.

Official source

WARNING

Applies to: Complaint

(attach copy of order if available);

Official source

WARNING

Applies to: Surety

A member of the Bar or Court employee may not act as surety in a proceeding unless the Court grants special leave.

A member of the Bar or any employee of the Court shall not act as surety in any proceeding in this Court, except by special leave of Court.

Official source

WARNINGCivil cases

Applies to: Pre arbitration memorandum

A party may not offer an exhibit omitted from its timely filed memorandum unless the arbitrators determine extraordinary circumstances exist.

Except in extraordinary circumstances as determined by the arbitrators, a party will not be allowed to offer an exhibit at the arbitration hearing that is not listed in a timely-filed pre-arbitration memorandum.

Official source

WARNING

Applies to: Schedule of distribution objection

An objection to an unconfirmed schedule may address only the schedule and may not raise issues that were or could have been raised through earlier claims or account objections.

Such objection may raise questions relating only to the schedule. In no event shall such objection raise questions which were or could have been raised previously by claims or objections to the account.

Official source

WARNING

At the beginning of representation, attorneys must discuss mediation with clients and estimate the likely costs and duration of court proceedings and appeals if mediation is not used.

All such attorneys shall discuss mediation with their clients at the beginning of their representation, and estimate the legal costs and likely duration of Court proceedings/appeals if mediation is not used.

Official source

WARNING

Applies to: Petition for special relief

In the stated circumstances, a request for Interim Distribution may be raised by filing a Petition for Special Relief.

(e) Any requests for Interim Distribution where equitable distribution has been raised by the pleadings and grounds have not been met and a Hearing Officer not appointed may be raised by filing a Petition for Special Relief.

Official source

WARNINGCivil cases

Applies to: Divorce order

Strike out the inapplicable divorce-ground sections on the order form.

grounds for divorce under 23 Pa.C.S. § 3301(c)(1); § 3301(c)(2); § 3301(d) [strike out inapplicable sections] are hereby approved.

Official source

WARNINGCivil cases

Applies to: Order for appearance form

The form requests whether the child or children were interviewed by a conciliator or judge and, if so, all interview dates.

Has the child or children been interviewed by a conciliator or Judge? If yes, please provide all of the dates.

Official source

WARNINGCivil cases

Applies to: Extension notice

Written notice of an extension agreement must substantially follow the form referenced on page 69.

B. Written notice under A above shall be substantially in the following form: See Form on Page 69

Official source

WARNINGCivil cases

Applies to: Motion or reply

The motion or reply should state in its title exactly what is being sought, by whom and against whom (e.g. rather than merely “motion,” it should be designated Defendants’ Motion for Sanctions Against Plaintiff or Additional Defendant’s Second Motion for Sanctions Against Defendant Smith, etc.).

Official source

WARNINGCivil cases

Applies to: Motion petition preliminary objection

A motion, petition, or preliminary objection may not be dismissed for the listed omissions, including a missing proposed order, authority, or counsel information.

No motion, petition or preliminary objection shall be dismissed for failure to be accompanied by a form of proposed order or for failure to be accompanied by a form of proposed order or for failure to refer to the procedural rule, statute or other authority relied upon or for failure to display counsel’s name, address, attorney identification number or telephone number.

Official source

WARNING

Applies to: Preliminary conference statement

At the preliminary conference, the parties must submit a brief statement of the facts and matters complained of.

At the time of the Preliminary Conference, the parties shall submit a brief statement of the facts and matters complained of.

Official source

WARNINGCivil cases

Applies to: Praecipe for determination

If the movant has not filed a Praecipe for Determination, a non-moving party may file one to bring the motion before the court; the non-moving party need not file a brief if the movant did not, and the court may consider the movant's position abandoned.

Official source

WARNING

Applies to: Alternate program request

For good cause, a party may request in writing from the Family Court Administrator permission to attend an approved alternate parenting program.

Upon good cause shown, a party may request permission in writing to the Family Court Administrator to attend an approved alternate program.

Official source

WARNING

Applies to: Memorandum of law

If counsel anticipates a significant trial question of law or evidence, counsel should alert opposing counsel and the court should receive a memorandum of law, or a motion in limine, before trial begins.

If counsel has reason to anticipate that a significant question of law or evidence will arise during trial, counsel should alert opposing counsel, and the court should be supplied with a memorandum of law, if not a motion in limine, on the question prior to commencement of trial.

Official source

INFO

Applies to: Partition or allotment request

When granting a partition or allotment request, the Court may direct submission of a title information certificate and may include other measures needed to protect interested parties.

The Court may include in any order granting such a request, a direction to submit an information certificate issued by an attorney or a responsible title insurance company showing the current state of the title, provisions for owelty, if any, the preparation of a schedule of distribution, notice to the parties, and fixing the dates of further hearings, as may be necessary to protect all interested parties.

Official source

INFO

Applies to: Guardianship order

The Clerk may provide a non-certified copy of the order to a potential bonding company to facilitate issuance of the bond.

The Clerk may provide a non-certified copy of the order to the potential bonding company in order to facilitate the issuance of the bond.

Official source

INFOCivil cases

Applies to: Praecipe for determination

When an answer is timely filed and the issue is ripe, any party may file a praecipe for determination in the specified form with a supporting brief.

When an answer has been timely filed and the issue raised by the petition, motion or preliminary objection is ripe for consideration, pursuant to the provisions of Pa.R.C.P. No. 206.7, any party may file a praecipe for determination in the form described by C.C.R.C.P. No. 206.6 along with a supporting brief.

Official source

INFO

Applies to: Temporary custody order

The parties may waive attorney review and sign the Temporary Custody Order at mediation.

The parties may agree to waive review by their attorneys and to sign the Temporary Custody Order at the mediation.

Official source

INFO

Applies to: Original instrument

The Clerk must scan or otherwise electronically store original instruments lodged with the Clerk and then return them.

All original instruments lodged with the Clerk shall be scanned (or otherwise electronically stored) and then returned.

Official source

INFO

Applies to: Requested discovery list

Counsel may submit a list of requested discovery to the assigned Hearing Officer and opposing counsel at the preliminary conference.

Counsel may prepare and submit to the assigned Hearing Officer and opposing counsel a list of requested discovery at the preliminary conference.

Official source

INFO

Applies to: Requested discovery list

Counsel may submit a list of requested discovery to the Hearing Officer and opposing counsel at the preliminary conference.

(1) Counsel may prepare and submit to the assigned Hearing Officer and opposing counsel a list of requested discovery at the preliminary conference.

Official source

INFO

Applies to: Inter vivos trust instrument

If the trust instrument has been filed with another court, a certified copy may be submitted instead of the original.

In the event such instrument has been filed with another court, a certified copy thereof will be accepted in lieu of the original.

Official source

INFO

Applies to: Certification of trial readiness

If discovery is complete, its deadline has passed, and the case has not settled, the parties may file a Certification of Trial Readiness after the settlement conference.

(a)At the conclusion of the settlement conference, if all discovery has been completed and, the deadline for discovery has passed, the case has not settled the parties may file a Certification of Trial Readiness.

Official source

INFO

Applies to: Pfa order

A photocopy of a certified PFA order is treated as a duplicate original and is sufficient as the court's original authorization for enforcement.

A photocopy of a certified order shall be considered a duplicate original and sufficient to constitute the court's original authorization for enforcement.

Official source

INFO

If the attorney ascertains that the defendant is in the military service, the attorney shall inform the defendant of the action pending and ascertain whether the defendant wishes to appear and be heard, shall attend all hearings before the Hearing Officer, and shall take any action proper to protect the interests of the defendant.

Official source

INFO

Applies to: Motion for appointment of hearing officer

In the stated actions, either party may move for appointment of a Hearing Officer to hear testimony and prepare a report and recommendation.

In actions where ancillary claims have been raised and are at issue, or a petition for Interim Distribution has been filed, on the motion of either party, a Hearing Officer shall be appointed by the court to hear testimony and prepare a report and recommendation.

Official source

INFO

Applies to: Detailed findings of fact

Detailed findings of fact are highly encouraged in civil non-jury trials.

Detailed findings of fact are very helpful in civil non-jury trials and are highly encouraged.

Official source

INFO

Applies to: Glossary

In cases requiring complicated terminology, counsel should provide the reporter with a glossary of terms planned for use throughout trial.

In cases, such as medical malpractice cases, which require the use of complicated terminology, please provide the reporter with a glossary of terms that you plan to use throughout the trial.

Official source

INFO

Applies to: Detailed findings of fact

Individual judges may request that they be e-mailed to the judge’s secretary in an appropriate format.

Official source

Common questions about Court of Common Pleas of Chester County, Pennsylvania document filing requirements

What must be included with post trial motion filings in Court of Common Pleas of Chester County, Pennsylvania?

Every post-trial motion must specify the grounds relied upon.

View rule Official source Source: page 9, section Rule 227.2. Post-Trial Motions

What must be included with stay request filings in Court of Common Pleas of Chester County, Pennsylvania?

The rule requires proposed order. A party seeking a stay must submit an order for hearing.

View rule Official source Source: page 14, section Rule 1915.5.B. Custody Conciliator. Conference.

What must be included with request for oral argument filings in Court of Common Pleas of Chester County, Pennsylvania?

View rule Official source Source: page 15, section Rule 211.1(C)

3 more rules answer this question.

What must be included with temporary custody order filings in Court of Common Pleas of Chester County, Pennsylvania?

When the parties reach a complete or partial custody agreement, the mediator must promptly prepare and transmit an order stating its terms to the parties and their attorneys, if any.

View rule Official source Source: page 33, section Rule 1940.6.A. Termination of Mediation

2 more rules answer this question.

What must be included with relocation petition filings in Court of Common Pleas of Chester County, Pennsylvania?

A relocation petition must include the specified notice and order, pre-trial statement, and copy of the relocation notice and objection.

View rule Official source Source: page 19, section Rule 1915.17.A. Relocation.

What must be included with motion filings in Court of Common Pleas of Chester County, Pennsylvania?

A writ is prepared only if the motion specifically requests one, and it must be directed to the custodian named in the motion.

View rule Official source Source: page 19, section Rule 578.1. Motions Challenging Preliminary Hearing (Habeas Corpus).

20 more rules answer this question.

Related categories

Back to all rules for this court

Page & Word Limits

Maximum page counts and word limits for motions, briefs, and other filings by judge.

Courtesy Copy Requirements

When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.

Electronic Filing Rules

Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.

Filing Timing and Cure Windows

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.