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

CRITICALCivil cases

Applies to

Adoption petition

The adoption petition form asks for the natural mother’s identifying, address, birth, and marital-history information, including specified spouse details when applicable.

7. NATURAL MOTHER a) Name: ____________________________________________________________ b) Maiden name: ____________________________________________________________ c) Present address: ____________________________________________________________ ____________________________________________________________ (1) If unknown, list last known address: ____________________________________________________________ ___________________________________________________________ d) Age and date of birth: _____________________________________ e) Birthplace: __________________________________________________ f) Present marital status: _________________________________________ (1) If married, name of spouse: ___________________________________________ (2) If married, date and place of marriage: ___________________________________________ (3) List name(s) of all other husbands of NATURAL MOTHER: [Pa. Orphans’ Court Rule No. 15.4 (a)(4)] __________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ g) Was NATURAL MOTHER married as of the time of birth of ADOPTEE? _____ [Pa. Orphans’ Court Rule No. 15.4(a)(4)] (1) If yes, name of spouse: ________________________________________________________ (2) If this marriage ended, state how and when:

CRITICALCivil cases

Applies to

Adoption petition

If the adoption involves a consenting natural father in a step-mother adoption, do not complete the adopting-father part of the petition.

(A consenting natural father in a step-mother adoption is not considered an adopting father. If this adoption involves a consenting natural father in a step-mother adoption, do not complete this part of the petition.)

CRITICALCriminal cases

Applies to

Criminal case scheduling form

When a defendant is bound over or waives a preliminary hearing, the Issuing Authority must prepare a Criminal Case Scheduling Form in substantially the provided form, with an original and five copies.

At the time a defendant is bound over to court or waives a preliminary hearing, each Issuing Authority shall prepare a Criminal Case Scheduling Form with an original and five copies substantially in the form provided by the District Court Administrator.

CRITICALCivil cases

Applies to

Report

If relevant to determining a distributee’s identity, the report must include a detailed family tree supported by documentary evidence the petitioner could obtain.

If applicable to the determination of any distributees identity, complete family tree in as much detail as possible, supported by any documentary evidence as the petitioner has been able to obtain;

CRITICALCivil cases

Applies to

Adoption case

A home study and pre-placement report must be filed when an intermediary makes a custodial placement.

Section 2530 of the Adoption Act requires the filing of a home study and pre-placement report in cases of custodial placement by an intermediary.

CRITICALCivil cases

Applies to

Motion or petition

Motions and petitions presented at motion court must include a completed cover sheet complying with Crawford County Local Civil Rule L205.2(b).

All motions and petitions presented at motion court shall include a completed motion court cover sheet in a form in compliance with Crawford County Local Civil Rule L205.2(b).

CRITICALCivil cases

Applies to

Adoption petition

The adoption petition form requires petitioners to agree to assume or maintain custody of the adoptee until adoption.

4. The petitioner(s) agree to assume or maintain custody of ADOPTEE until such time as ADOPTEE is adopted: [23 Pa.C.S.A. §2512(b)]

CRITICALCivil cases

Applies to

Adoption petition

The petition must have a birth certificate or certification of registration of birth attached.

Paragraph No. 12 is inserted to remind the practitioner to attach a birth certificate or certification of registration of birth.

CRITICAL

Applies to

Document

A party filing a document containing confidential information must include the AOPC-designed Confidential Information Form with the document.

Pursuant to the Public Access Policy of the Unified Judicial System of Pennsylvania Case Records of Appellate and Trial Courts at Pennsylvania Code, Title 204, Chapter 213, effective January 6, 2018, any party filing a document with confidential information in any filing offices of this county shall with that document include a Confidential Information Form in the form designed for that purpose by the Administrative Office of Pennsylvania Courts.

CRITICALCriminal cases

Applies to

Plea agreement

A plea agreement must use the District Court Administrator’s form, be signed by the specified parties, and be distributed as directed, including to the presiding judge when the plea is entered.

Whenever a guilty or nolo contendere plea agreement is reached between the parties, a Plea Agreement shall be completed on the form provided by the District Court Administrator. The Plea Agreement shall be signed by the Commonwealth, the defendant, and counsel for the defendant (if any). The Commonwealth shall retain the original and provide a copy to the defendant and to defense counsel (if any) and, at the time of entering the plea, to the presiding judge.

CRITICAL

Applies to

Motion

Must include

certificate of service

Motions presented at Motions Court must comply with Pa.R.J.C.P. 344(C), including a certificate of service.

Motions presented at Motions Court must comply with Pa.R.J.C.P. 344(C), including the certificate of service required by Pa.R.J.C.P. 345(C).

CRITICALCriminal cases

Applies to

Written plea notice

A defendant wishing to plead guilty or nolo contendere must receive written notice of the date to appear and a statement that such a plea means the defendant need not attend the trial-list call or any trial date.

If the defendant wishes to plead guilty or nolo contendere, the defendant shall be given in writing a date to appear before the Court to enter a plea of guilty or nolo contendere. The writing shall also state that if the defendant pleads guilty or nolo contendere, the defendant is not required to appear at the call of the trial list nor any trial date.

CRITICALCivil cases

If a natural parent or putative father is deceased, attach an original death certificate as an exhibit.

a) If yes, state name, relationship to Adoptee, date of death and attach an original death certificate as an Exhibit.

CRITICALCivil cases

Applies to

Hearing notice

The hearing notice must include the specific language set forth in 23 P.S. C.S.A. 2513(b) and comply with that provision’s other requirements.

This notice shall include the specific language set forth in 23 P.S. C.S.A. 2513(b) and shall comply with all other requirements set forth therein.

CRITICAL

Applies to

Transcript request

Transcript requests must use the standardized form provided by the Office of Pennsylvania Court Administration and be submitted to the District Court Administrator’s office.

All requests for transcripts shall be on the standardized form provided by the Office of Pennsylvania Court Administration and shall be submitted to the District Court Administrator’s office.

CRITICALCivil cases

If an adoptee’s natural parent is deceased, the form must list the parent’s name and date of death and include an original or certified death certificate.

If Adoptee’s natural parent(s) is/are deceased, list name(s), date(s) of death and attach original or certified death certificate(s);

CRITICALCivil cases

Applies to

Petition for voluntary relinquishment of parental rights

The executed petition must be presented to the judge with the Preliminary Decree, which the judge signs and uses to set the evidentiary hearing date.

The executed petition with the attached Preliminary Decree is presented to the judge who will sign the Preliminary Decree and set the evidentiary hearing date.

CRITICALCivil cases

Applies to

Petition

The petition must state whether all required adoption consents are included and, if not, the basis for their not being required.

State whether all consents required by 23 Pa. C.S.A. §2711 (relating to consents necessary to adoptions) are a part of this petition. If all required consents are not a part of this petition, state basis upon which the consents are not required. [See Pa.C.S.A. §2533(b)(7)]

CRITICALCivil cases

Applies to

Petition for voluntary relinquishment of parental rights

If a relinquishing parent is under 18, provide the name and address of that parent’s parent or guardian.

5. If a relinquishing parent is under the age of 18 years, state name(s) and address(es) of his/her parent(s) (or Guardian).

CRITICALCivil cases

Applies to

Request for additional discovery

A request for discovery beyond the rule’s permitted discovery must be made to a Judge of the Orphans Court Division by petition with proper notice.

Requests for additional discovery beyond this rule shall be made to a Judge of the Orphans Court Division by petition with proper notice.

CRITICAL

Applies to

Motion

Must include

certificate of service

A motion presented at Motions Court must include the certificate of service required by Pa.R.J.C.P. 1345(C).

Motions presented at Motions Court must comply with Pa.R.J.C.P. 1344(C), including the certificate of service required by Pa.R.J.C.P. 1345(C).

CRITICALCivil cases

Applies to

Adoption petition

The adoption petition’s verification states under oath that its facts are true and correct to the best of the petitioner(s)’ knowledge, information, and belief.

The above named petitioner(s), being duly sworn according to law depose(s) and say(s) that the facts set forth in the above Adoption Petition are true and correct to the best of his/her/their knowledge, information and belief.

CRITICALCivil cases

Applies to

Report

If the fiduciary determines that a non-resident distributee cannot respond or enjoy the interest, the report must state the reason for that determination.

If the fiduciary determines that a non-resident distributee shall not be able respond or enjoy the benefit of the interest due thereto, the fiduciary shall indicate in the report the reason for that determination.

CRITICALCivil cases

Applies to

Consent to adoption

A consent to adoption must comply with Section 2513 and cannot be obtained until at least 72 hours after birth.

The consent must comply with 23 Pa. C.S.A. §2513 and cannot be obtained less than 72 hours from time of birth. (23 Pa. C.S.A. §2711(c)).

CRITICALCivil cases

Applies to

Petition

If anonymity is not a concern, list the adopting parents’ names and their relationship, if any, to the adoptee.

a. If anonymity is not a problem, list name(s) of adopting parent(s) and relationship, if any, to ADOPTEE:

CRITICALCivil cases

Applies to

Petition for involuntary termination of parental rights

The petition must mark the applicable categories of persons whose rights are being terminated and list their names and ages.

“X” those that apply (list names and ages)

CRITICALCivil cases

Applies to

Investigation report

An Investigation Report must be filed only in cases that require a Report of Intent to Adopt.

Section 2535 of the Adoption Act requires the filing of an Investigation Report ONLY in cases requiring a Report of Intent to Adopt.

CRITICALCivil cases

Applies to

Report

The report must describe in full detail the investigation made to locate any distributee.

The nature of the investigation made to locate any distributee(s) in full detail;

CRITICALCriminal cases

Applies to

Waiver of appearance at arraignment

A defendant with counsel of record may waive arraignment by filing a waiver in the Clerk of Courts’ Office before arraignment, using substantially the form provided by the District Court Administrator and posted on the County website.

A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing in the Clerk of Courts’ Office a waiver of appearance at arraignment substantially in the form provided by the District Court Administrator and posted on the County website.

CRITICALCivil cases

Applies to

Request

Present the request and its factual averments as evidence at the adoption hearing.

The request and factual averments shall also be presented as evidence at the adoption hearing.

CRITICALCivil cases

Applies to

Petition for involuntary termination of parental rights

The petition must list each petitioner’s name and address.

List name(s) and address(es) of petitioner(s):

CRITICALCriminal cases

Applies to

Post sentence appellate rights acknowledgment

Counsel must review and explain the appellate-rights acknowledgment and allow the defendant to read it before the defendant and counsel sign it.

Defendant’s counsel shall review and explain the form to the defendant and allow the defendant to read the form prior to the defendant and defendant’s counsel signing the form.

CRITICALCivil cases

Applies to

Petition for voluntary relinquishment of parental rights

If parental rights are relinquished to an approved agency, provide the agency’s name and address.

3. If parental rights are being relinquished to an approved Agency, state name and address of the Agency:

CRITICALCivil cases

Applies to

Request

If no birth certificate or registration certification can be obtained, present the reasons and efforts made to obtain it with a request that the Court establish the adoptee’s date and place of birth based on the hearing evidence.

(2) If no birth certificate or certification of registration of birth can be obtained, a statement of the reasons therefore and an allegation of the effort made to obtain the certificate must be presented to the Court with a request that the Court establish a date and place of birth at the adoption hearing on the basis of the evidence presented (See 23 Pa. C.S.A. §2701 (9)).

CRITICALCivil cases

Applies to

Motion request application

Must include

proposed order

Every motion, request, and application must include an attached suggested order granting the requested relief.

(c). Suggested Order. Every motion, request and application shall have attached thereto a suggested order granting the relief that is requested by the moving party.

CRITICALCivil cases

Applies to

Adoption petition

If the adoptee’s birth certificate or birth registration certification is not already part of the record, it must be attached to the petition or admitted as an exhibit at the adoption hearing.

(1) If no, it must be attached to this petition or admitted as an Exhibit at the adoption hearing.

CRITICALCivil cases

Applies to

Petition to confirm consent to adoption

A properly executed consent satisfying Section 2513 is required to proceed with a Petition to Confirm Consent to Adoption.

If a situation arises as described above, the practitioner will not be able to proceed with a “Petition to Confirm Consent to Adoption” unless the practitioner has a properly executed consent as specified in Section 2513 of the Adoption Act.

CRITICALCriminal cases

Applies to

Written plea colloquy

Represented defendants’ guilty and nolo contendere pleas generally use a written colloquy substantially conforming to the Administrator’s form, but the judge may excuse or decline its use.

For defendants represented by counsel, guilty and nolo contendere pleas are to be entered through the use of a written colloquy substantially in conformity with the written plea colloquy form maintained by the District Court Administrator, available in each courtroom and online at the County website (www.crawfordcountypa.net). A judge may, however, excuse the use of a written plea colloquy, or otherwise decide that a written colloquy should not be used.

CRITICALCivil cases

Applies to

Written petition

The request and relevant information must be made part of the record in a written petition.

NOTE: To expedite the adoption hearing and give the Court an opportunity for review, this request and relevant information shall be made a part of the record in the form of a written petition.

CRITICALCriminal cases

Applies to

Summons notice

The summons notice must substantially follow the form prescribed in Rule 510, including the stated information about the right to counsel and how to seek representation.

In all cases where a criminal action is commenced by summons, the Issuing Authority shall mail with the summons a notice substantially in the following form, printed on paper other than the color of the paper of the accompanying summons: IMPORTANT NOTICE You have the absolute right to be represented by a lawyer. In order to have a lawyer by the time of the preliminary hearing, you should immediately: (1) Hire a lawyer; or (2) If you believe you cannot afford to hire a lawyer, apply to the Crawford County Public Defender’s Office, Crawford County Courthouse, Crawford County Courthouse, Meadville, Pennsylvania 16335, (814) 333-7367, where a lawyer may be appointed to represent you free of charge if you qualify. If you are currently incarcerated and unable to contact the Public Defender’s Office, you should immediately request an application from the jail officials to apply for the services of a Crawford County Public Defender.

CRITICALCriminal cases

Applies to

Written plea colloquy

Before Plea Court, defense counsel must review and explain the written colloquy, counsel and the defendant must sign it, and counsel’s signature certifies the specified advice and understanding.

If the plea is to be entered through the use of a written colloquy, then prior to Plea Court, defense counsel shall review and explain the contents of the written plea colloquy form to the defendant, and both defense counsel and the defendant shall sign the completed form. Defense counsel must be satisfied that the defendant understands all of the questions on the form, has answered them truthfully, and is entering a knowing, voluntary, and intelligent plea. Counsel’s signature on the written plea colloquy shall constitute a certification that defense counsel has explained and discussed all of the questions on the form, as well as all of the elements of the offense(s) charged, and that to the best of counsel’s knowledge, information, and belief, the defendant understands the consequences of entering the plea.

CRITICALCivil cases

Applies to

Adoption petition

The adoption petition form asks petitioners, when required, to state whether they have or will timely file a Report of Intention to Adopt and to provide its filing date.

3. If required, petitioner(s) have or will timely file a Report of Intention to Adopt: (23 Pa.C.S.A. §2531 and §2532) a) If required, state date of filing: __________________________________

CRITICALCivil cases

Applies to

Petition

When petitioners seek to terminate the rights of a putative father who has not executed the specified consent, the petition’s putative-father information section should be completed and the following requirements must be completed.

If a PUTATIVE FATHER has not executed a consent form as specified in 23 Pa. C.S.A. 2711(d) and petitioners desire to terminate the parental rights of a PUTATIVE FATHER as an adjunct to this Petition to Confirm Consent the information section should be completed and the following requirements must be completed (23 Pa. C.S.A. §2504 ( c)].

CRITICALCriminal cases

Applies to

Omnibus pretrial motion

An omnibus pretrial motion filed late must state the reasons for its untimeliness, unless the late filing was agreed to by the District Attorney or an Assistant District Attorney or previously permitted by court order.

Any omnibus pretrial motion not filed within thirty (30) days after arraignment must set forth the reasons why it was not filed timely, unless the late filing has been agreed to by the District Attorney or an Assistant District Attorney or already permitted by previous Order of Court.

CRITICALCivil cases

Applies to

Report

The report must state which listed investigation methods were used, to the extent they were available and feasible.

A statement that investigation was made by as many of the following means as available and feasible; questioning of member(s) of the household of the decedent or settlor, and/or friends, neighbors and/or known relatives thereof; officers and members of groups, unions, social or fraternal organizations to which decedent or settlor belonged; contacting employers and/or co-workers; examining church, insurance, school and voter registrations records; Veteran’s Administration and Social Security records; naturalization records if not a native born citizen; telephone and electronic media such as internet listings; and such other sources as the circumstances suggest;

CRITICALCivil cases

Applies to

Adoption petition

The adoption petition form asks for the adoptee’s identifying, residence, custody, birth, religious-affiliation, and racial-background information.

6. ADOPTEE: a) Name as appears on birth certificate: _________________________________________________________________ b) Age, date of birth and sex of ADOPTEE: _________________________________________________________________ c) Birthplace:_____________________________________________________ d) Present residence: _________________________________________________________________ _________________________________________________________________ e) Who has custody of ADOPTEE and since when: ________________________________________________________________ _________________________________________________________________ f) Was ADOPTEE born out of wedlock?_____________________________ g) Religious affiliation:__________________________________________ h) Racial background:

CRITICALCivil cases

Applies to

Notice

The hearing notice must advise the specified consenting parent(s), parent(s) or guardian, and/or putative father that parental rights may be terminated at the hearing.

The parent(s) consenting in attached petition and their parent(s) or guardian if under 18 years of age and/or the putative father whose parental rights are being exposed to termination shall also be advised in said notice that their parental rights may be terminated at the aforesaid hearing.

CRITICALCriminal cases

Applies to

Written plea colloquy

A written plea colloquy must be filed in open court when the plea is entered.

The written colloquy shall be filed in open court at the time the plea is entered.

CRITICALCriminal cases

Applies to

Motion

Must include

certificate of service

Motions presented at Motions Court must comply with the cited rules, including a certificate of service.

Motions presented at Motions Court must comply with Pa.R.Crim.P. 575(A) and (C), such as including the certificate of service required by Pa.R.Crim.P. 576(b)(4).

CRITICALCriminal cases

Applies to

Motion

If the moving party’s counsel knows the motion is consented to, counsel must certify that consent within the motion.

If the party presenting a motion at Motions Court, or otherwise filing a written motion, knows that the motion is consented to by the other party or parties, counsel for the moving party shall certify that consent within the motion so that the Court has that information in making a determination pursuant to Pa.R.Crim.P. 577 as to whether an answer and/or hearing and/or argument is necessary.

CRITICALCriminal cases

Applies to

Information

If the defendant pleads not guilty at arraignment, the plea must be noted on the information and signed by the defendant.

(a) Arraignments shall take place before the District Attorney or an Assistant District Attorney at such times and places designated by the Court Administrator. (b) If at arraignment a defendant wishes to plead not guilty, said plea shall be noted on the information and signed by the defendant.

CRITICALCivil cases

Applies to

Petition

The petition must provide the listed residence, relationship, conviction, employment and income, religious affiliation, and racial background information.

j) List residences during the past five years: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ k) Are you related to adoptee? ___________________________________________ (1) If yes, state relationship: __________________________________________________________________ l) Have you ever been convicted of a misdemeanor or a felony? ______________ (1) If yes, list crime, date and place of conviction: ___________________________________________________________________ ___________________________________________________________________ m) State employment and approximate annual income: __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ n) Religious affiliation: __________________________________________________ o) Racial background:

CRITICALCriminal cases

Applies to

Real estate bail letter

To offer real estate as bail, the owner must file a letter from a Pennsylvania-licensed attorney containing the specified valuation, ownership, lien, tax, and equity-certification information.

If real estate is offered as bail set for a defendant, whether before an Issuing Authority or the Court, the owner of the real estate, to qualify as surety and post real estate as bail, must file a letter from an attorney licensed in Pennsylvania which contains the following: (a) The assessed value and fair market value of the real estate as contained among the assessment records of the county in which the real estate is located or alternatively, a real estate appraisal prepared by a certified Pennsylvania real estate appraiser establishing the fair market value for the real estate. (b) The exact name(s) of the record title holder(s). (c) A list of liens against the real estate together with the amount of the lien of record, the actual current payoff amount of the lien and the date the lien was entered. (d) A list of all unpaid taxes due and owing. (e) A certification that a lien search has been completed and the attorney finds that after subtracting any outstanding liens from the fair market value of the real estate, there remains a sufficient amount of equity to cover the amount of the bond to be posted.

CRITICALCivil cases

Applies to

Petition

The petition must cite the specific statutory subsections and state the supporting alleged facts, either in attached Appendix No. 1 or in the petition itself.

23 Pa. C.S.A. §2512(b) mandates that the Petition for Involuntary Termination of Parental Rights “shall set forth specifically those grounds and facts alleged as the basis for terminating parental rights.” Therefore, cite the specific subsections of 23 Pa.C.S.A. §2511 which establish the legal basis for the requested termination(s) and state the alleged facts which justify the requested termination(s). Set forth this information in Appendix No. 1 and attach to this petition or insert this information at this point.

CRITICALCivil cases

Applies to

Account

The account copy forwarded to the Register of Wills must have the confirmation date noted on it.

Following confirmation, one copy of the account of personal representatives, with the date of confirmation noted thereon, shall be forwarded to the Register of Wills for indexing and filing with records of the proceeding in the Register’s Office for that decedent.

CRITICALCivil cases

Applies to

Petition

List any person whose parental rights may be terminated who is a member of the United States armed services and entitled to the stated Act’s benefits.

List the name(s) of person(s) whose parental rights may be terminated by these proceedings who is a member of the United States armed services and thereby entitled to the benefits of the Soldiers’ and Sailors’ Civil Relief Act of 1940 as amended, 50 U.S.C.A. §501 et. seq. [Pa. Orphans’ Court Rule No. 15.4(a)(7)]

CRITICALCivil cases

Applies to

Examiner report

The Court may enter an order appointing an examiner or examiners who shall examine the assets held by a fiduciary and make a full written report thereon to the Court showing what assets belong to the estate, how they are registered or otherwise earmarked as the property of the estate to which they belong, and where and how the cash belonging to the estate is kept or deposited.

The Court may enter an order appointing an examiner or examiners who shall examine the assets held by a fiduciary and make a full written report thereon to the Court showing what assets belong to the estate, how they are registered or otherwise earmarked as the property of the estate to which they belong, and where and how the cash belonging to the estate is kept or deposited.

CRITICALCivil cases

Applies to

Department of Health certification

In the specified no-consent proceeding, a Department of Health certification that the putative father has not filed a paternity claim must be attached as an exhibit or admitted into evidence at the hearing.

Attach as an exhibit or admit into evidence at the hearing on this petition a certification from the Department of Health that the PUTATIVE FATHER has not filed a claim of paternity pursuant to 23 Pa. C.S.A. §5103.

CRITICALCivil cases

Applies to

Written appearance

An attorney representing a party must file a written appearance with the Clerk stating the specified identification and contact information.

Any attorney representing a party in any proceeding in the Orphan’s Court Division shall file a written appearance with the Clerk of the Orphan’s Court which shall state the attorney’s Pennsylvania Supreme Court Identification Number, fax number, telephone number and an address within the Commonwealth at which papers may be served.

CRITICALCriminal cases

Applies to

Sentencing order

When imposing probation or intermediate punishment or granting parole, the Court must state in its order that Crawford County’s general probation and parole rules, regulations, and conditions apply, subject to the Court’s authority to delete them.

The Court, whenever sentencing a defendant to probation or intermediate punishment or granting parole, shall state in its order that the general rules, regulations and conditions governing probation and parole in Crawford County shall be applicable and all of the following shall apply unless specifically deleted by the Court in its Order or in a subsequent order:

CRITICALCriminal cases

Applies to

Transportation order

A transportation order must be obtained from the Court for an incarcerated defendant who must appear.

For incarcerated defendants, transportation orders must be obtained from the Court and served upon the Sheriff of Crawford County at least 7 days prior to the time the defendant is required to appear if the defendant is incarcerated in a facility in the county, and at least 14 days prior to the time the defendant is to appear if the defendant is incarcerated in an out-of-county facility.

CRITICALCivil cases

Applies to

Petition for voluntary relinquishment of parental rights

The agency having care of the child must be joined and consent to accept custody until the child is adopted, and the petition asks whether this is complete.

a) PA Orphans’ Court Rule 15.2(b)(4) requires “the joinder of the Agency having care of the child and its consent to accept custody of the child until such time as the child is adopted.” Has the joinder and consent been completed?

CRITICALCriminal cases

Applies to

Criminal case scheduling form

When a case removed from its scheduling cycle returns to a scheduling sequence, the District Court Administrator must prepare and file a new Criminal Case Scheduling Form with the remaining appropriate appearance dates.

In the event a case is removed from its designated scheduling cycle originally established on the Criminal Case Scheduling Form (e.g., ARD consideration, omnibus pretrial motion, continuance, cases not reached during a trial term) and is returned to a scheduling sequence, the District Court Administrator shall prepare and file a new Criminal Case Scheduling Form setting the remaining appropriate dates for the defendant to appear with said assigned dates to be based on a reasonable effort to return the case into the sequence of the system at the point where the case was removed from the sequence or if the case is to be placed in a subsequent term of court, to a normal sequence for that term of court.

CRITICALCivil cases

Applies to

Adoptee consent

The adoptee-consent form provides for an adoptee over twelve to state consent to the adoption and agreement to a name change.

CONSENT OF ADOPTEE: I am over twelve years of age, have read the foregoing petition and consent to my adoption by ______________________________________________________________________________ ______________________________________________________________________________ I also agree to having my name changed to ______________________________________________________________________________ ______________________________________________________________________________

CRITICALCivil cases

Applies to

Petition to confirm consent

The petition to confirm consent attaches the original adoption consents as exhibits.

Said ORIGINAL consents are attached hereto as Exhibit(s) No(s). ________________________.

CRITICALCivil cases

Applies to

Petition

Attach the adoptee’s birth certificate or certification of registration of birth.

Attach a birth certificate or certification of registration of birth of ADOPTEE: [Pa. Orphans’ Court Rule No. 15.4(b)(1)]

CRITICALCivil cases

Applies to

Adoption petition

If a petitioner is an approved agency or institution, the adoption petition form asks for its complete name and address.

5. If petitioner is an approved AGENCY or INSTITUTION, state complete name and address:

CRITICALCriminal cases

Applies to

Criminal case scheduling form

The defendant must sign the Criminal Case Scheduling Form to acknowledge the arraignment details and the obligation to appear at arraignment and other proceedings listed on it.

The Issuing Authority shall require the defendant to sign the Criminal Case Scheduling Form, indicating the defendant is aware of the time, date and place of formal arraignment and of the obligation to appear at formal arraignment and other proceedings noted thereon.

CRITICALCriminal cases

Applies to

Post sentence appellate rights acknowledgment

Before the sentencing hearing, a represented defendant must execute an acknowledgment of post-sentence appellate rights substantially in the form provided by the District Court Administrator and posted on the County website.

Prior to the sentencing hearing, a defendant who is represented by counsel shall execute an acknowledgment of post-sentence appellate rights, substantially in the form provided by the District Court Administrator and posted on the County website.

CRITICALCivil cases

Applies to

Motion or petition

Must include

certificate of service

Each contested and uncontested motion or petition, and every filed or served copy, must include the prescribed notice and certification of notice and service.

A document in the following form shall be attached to each contested and uncontested motion or petition and every copy of the same that is filed or served: NOTICE You are hereby notified that the attached motion/petition will be presented by me on ________________, 20___. ( ) to the Clerk of Courts. ( ) in Motion’s Court at 8:45 o’clock a.m. CERTIFICATION OF NOTICE AND SERVICE The undersigned represents that three (3) business days’ prior notice and copy of this motion and proposed order have been served by ( ) first class mail ( ) fax, or ( ) hand delivery on the ____ day of _________________, 20__ upon all parties or their counsel of record in accordance with Pa.O.C. Rule 3.5.

CRITICALCriminal cases

Applies to

Transportation order

The District Attorney is responsible for obtaining a transportation order for trial appearances, hearings set on the District Attorney’s motion, and unrepresented defendants; defense counsel is responsible for hearings set on the defendant’s motion.

The responsibility for obtaining a transportation order shall be on: (a) The District Attorney if the defendant is required to appear at trial or at a hearing set upon motion of the District Attorney or if the defendant is unrepresented by counsel. (b) Defense counsel if the defendant is required to appear for a hearing set upon motion of the defendant.

CRITICAL

Applies to

Transcript cost waiver or reduction request

A litigant requesting a transcript-cost waiver or one-half reduction under the specified Pennsylvania rule provisions must submit a form substantially complying with Form 4009.

Requests by a litigant for a waiver or one-half reduction of transcript costs consistent with Pa.R.J.A. No.4008(B)(1),(2) or (3) shall be submitted in a form substantially in compliance with Form 4009.

CRITICALCivil cases

Applies to

Account

Accounts of personal representatives, including statements of proposed distribution, must be filed with the Clerk of Orphans’ Court in duplicate.

Accounts of personal representatives including statements of proposed distribution shall be filed with the Clerk of Orphans’ Court in duplicate.

CRITICALCivil cases

Applies to

Petition

If there is no intermediary, no intermediary report has been filed, or the adoptee is over 18, the petition must provide the listed information about the adoptee’s natural mother and father.

If there is no Intermediary or if no Report of the Intermediary has been filed or if Adoptee is over the age of 18 years, compete the following: [23 Pa.C.S.A., §2701(5)] a) NATURAL MOTHER OF ADOPTEE: (1) Name: (2) Address: (3) Age and date of birth: (4) Birthplace: (5) Marital status as of the time of birth of Adoptee: (6) Marital status during one year prior to the time of birth of Adoptee: (7) Maiden name: (8) Racial background: (9) Religious affiliation: b) NATURAL FATHER OF ADOPTEE: (1) Name: (2) Address: (3) Age and date of birth: (4) Birthplace: (5) Marital Status as of the time of birth of Adoptee: (6) Marital status during one year prior to the time of birth of Adoptee: (7) Racial background: (8) Religious affiliations:

CRITICALCivil cases

Applies to

Department of health certification

A Department of Health certification that the putative father has not filed an acknowledgment or claim of paternity must be attached as an exhibit or admitted into evidence at the hearing.

Attach as an Exhibit, or admit into evidence at the evidentiary hearing on this petition, a certification from the Department of Health that the PUTATIVE FATHER has not filed an acknowledgment of paternity or claim of paternity pursuant to 23 Pa. C.S.A. §5103.

CRITICALCivil cases

Applies to

Petition

If the petition does not identify the adoptee’s father, attach a Department of Health certification stating whether a paternity claim has been filed.

If this petition does not identify the father of ADOPTEE, attach a certification from the Department of Health as to whether a claim of paternity has been filed pursuant to 23 Pa.C.S.A. §5103. [23 Pa.C.S.A. §2512 (c)]

CRITICAL

Applies to

Motion

If the moving party knows the other party or parties consent to a motion, moving counsel must certify that consent within the motion.

If the party presenting a motion at Motions Court, or otherwise filing a written motion knows that the motion is consented to by the other party or parties, counsel for the moving party shall certify that consent within the motion so that the Court has that information in making a determination as to whether an answer and/or hearing and/or argument is necessary.

CRITICALCriminal cases

Applies to

Criminal case scheduling form

After completing the Criminal Case Scheduling Form, the Issuing Authority must provide and retain copies as specified and promptly forward undistributed copies and the Court Administrator’s copy for distribution.

Once the Criminal Case Scheduling Form has been completed, the defendant shall be provided with a copy and the Issuing Authority shall retain a copy for the Issuing Authority’s records. If they are present, the Issuing Authority shall provide a copy to the defendant’s attorney and/or the District Attorney’s Office. All undistributed copies, together with a copy for the Court Administrator, shall be forwarded promptly to the Court Administrator for proper distribution.

CRITICALCivil cases

Applies to

Adoption petition

The alternative adoption-petition attestation states that petitioners verify the petition’s truth and acknowledge the penalties for false statements.

(Alternative Attestation) I/WE the above named petitioner(s) do verify that the statements contained in this Adoption Petition are true and correct to the best of my/our knowledge, information and belief. I/We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. (The maximum penalty for such violation is a period of incarceration up to two years and a $5,000 fine.)

CRITICALCivil cases

Applies to

Petition

Individual petitioners, rather than an approved agency, must state whether the requested termination is intended to effectuate the adoptee’s adoption.

If petitioner(s) are individuals rather than an approved AGENCY, are the termination(s) of parental rights requested herein to effectuate the adoption of ADOPTEE?

CRITICALCivil cases

Applies to

Petition to confirm consent to adoption

The petition must have a copy of the adoptee’s birth certificate attached.

(Attach a copy of the birth certificate to this petition).

CRITICALCriminal cases

Applies to

Post sentence appellate rights acknowledgment

Counsel’s signature on the form certifies that counsel read, discussed, and explained it and believes the defendant understands it.

Counsel’s signature on the form shall constitute certification by counsel that counsel has read, discussed and explained the form to the defendant and, to the best of counsel’s knowledge, information or belief the defendant understands the form.

CRITICALCivil cases

Applies to

Adoption petition

The adoption petition includes an averment that the petitioner(s) reviewed the required fee-disclosure form and that it accurately states all adoption-related fees, costs, and expenses.

20. Petitioner(s) have reviewed the “Disclosure of Fees and Cost” form required by Pa. Orphans Rule 15.5(d) and aver that it accurately represents all of the fees, costs and expenses paid or to be paid by petitioner(s) relative to this adoption.

CRITICALCivil cases

Applies to

Petition for involuntary termination of parental rights

The petition must state each petitioner’s relationship to the adoptee.

State relationship of petitioner(s) to ADOPTEE:

WARNINGCivil cases

Applies to

Petition for voluntary relinquishment of parental rights

Mark each applicable relinquishing-parent category on the petition.

“X” those that apply.

WARNINGCivil cases

Applies to

Petition

Complete the Putative Father section only if the petition requests termination of a putative father’s parental rights.

(If this petition is not requesting the termination of parental rights of a PUTATIVE FATHER, DO NOT COMPLETE THIS SECTION).

WARNINGCivil cases

Applies to

Petition

He should then sign the petition and attest to its truthfulness and accuracy.

He should then sign the petition and attest to its truthfulness and accuracy.

WARNINGCivil cases

The form asks whether an investigative report contains the Pennsylvania State Police and child abuse clearances required by statute.

b) If yes, does the investigative report contain a Pennsylvania State Police and child abuse clearance as required by 23 Pa. C.S.A. §6344(d)?

WARNINGCivil cases

Applies to

Petition

If a PUTATIVE FATHER is named as a party-respondent in this petition and has duly executed the consent as specified in 23 Pa. C.S.A. §2711(d) and which is attached hereto, the following information section on PUTATIVE FATHER should be completed.

If a PUTATIVE FATHER is named as a party-respondent in this petition and has duly executed the consent as specified in 23 Pa. C.S.A. §2711(d) and which is attached hereto, the following information section on PUTATIVE FATHER should be completed.

WARNINGCivil cases

Applies to

Petition for voluntary relinquishment of parental rights

Mark the one applicable relinquishment recipient on the petition.

“X” the one that applies.

WARNINGCivil cases

If an investigation was conducted, the form must state its filing date.

a) If yes, state filing date:

WARNING

Applies to

Daily or same day transcript request

Daily and same-day transcripts are unavailable unless ordered by the judge who presided or, if that judge is unavailable or none presided, the President Judge.

Daily and same day transcripts are unavailable in the Crawford County Court of Common Pleas except upon court order, i.e., by the judge who presided over the proceeding or if none, or unavailable, the President Judge.

WARNINGCivil cases

If a Report of Intention to Adopt is required, the form must state its filing date.

If “Report of Intention to Adopt” is required, state date of filing:

WARNINGCivil cases

If an adoptee’s natural parent’s parental rights were terminated, the form must state the parent’s name and the date, place, and manner of termination.

If Adoptee’s natural parent’(s) parental rights was/were terminated, state name(s), date(s), place(s) and manner of terminating the parental rights:

WARNINGCivil cases

If a home study and pre-placement were completed, the form must state whether they were filed and, if so, give the filing dates; otherwise, it must explain why they were not filed.

If a home study and pre-placement were completed, have they been filed? (1) If yes, list filing dates: __________________________________________________________________ (2) If no, explain:

INFOCriminal cases

Applies to

Motion

Attaching a proposed order to a motion is encouraged but not required.

Attaching a proposed order is encouraged, but not required.

INFO

Applies to

Transcript request

A request for delivery in fewer than 30 days, or 14 days for a case under appeal, may state the requested delivery period on an attachment to the standardized form or beneath the requestor’s signature, excluding weekends and official court holidays.

A request for the delivery of an original transcript in fewer than 30 days (or 14 days for those cases under appeal) from the date of the request or the proceeding (whichever later occurs) may be made by indicating on an attachment to the standardized form provided by the Office of Pennsylvania Court Administration for requesting transcripts or copies, or in the space beneath the requestor’s signature on the standardized form, the number of days within which delivery is requested, not including weekends or official court holidays.

INFO

Applies to

Motion

Attaching a proposed order to a motion is encouraged but not required.

Attaching a proposed order is encouraged, but not required.