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

CRITICALCivil cases

Applies to

Individual surety affidavit

An individual offering surety for court approval must execute the Prothonotary-provided affidavit, including the required address, real-estate, appraisal or tax-record, lien, recording, signature, and oath information.

In all cases where surety other than a corporation is required to be approved by the court for bonding purposes, the individual offering the surety for approval shall execute an affidavit in the following form which shall be provided by the Prothonotary. COMMONWEALTH OF PENNSYLVANIA County of Warren/Forest SS: The undersigned, being considered as a proper surety in the above entitled case and being duly sworn according to law, deposes and states: 1. My (our) full post office address is: 2. I (we) own real estate in Warren/Forest County, Pennsylvania, in fee simple in my (our) name(s) having a fair market value of at least $____________________. 3. That attached hereto is the appraisal of a licensed real estate appraiser within the Commonwealth of Pennsylvania/or certified copy of the County tax assessment record. 4. That attached hereto is the certificate of an attorney of all recorded liens against the said realty. 5. The real estate is recorded in my (our) name(s) in Warren/Forest County Deed Book/Record Book Vol.____________,Page____________. ________________________________________ Signature Sworn and subscribed to me this ______day of___________, _____. ______________________________

CRITICALCivil cases

Applies to

Notice to interested parties

The notice to interested parties must state the date the Account will be presented for confirmation.

In addition to the requirements of the Pa. O.C. Rules, the notice to interested parties shall: (a) State the date on which the Account will be presented to the Court for confirmation.

CRITICALCivil cases

Applies to

Appraisal

The appellant must provide a copy of its appraisal to the Board and parties entitled to notice of the appeal.

The appellant shall provide the Board and the other parties entitled to notice of the appeal with a copy of appellant's appraisal within sixty (60) days of filing the appeal.

CRITICALCriminal cases

Applies to

Motion

Must include

certificate of service

After serving the motion, the moving party must file a certificate of service substantially in the form referenced in Pa.R.Crim.P. 576.

Thereafter, the moving party shall file a certificate of service in substantially the same form as that set forth in the Comment to Pa.R.Crim.P. 576.

CRITICAL

Applies to

Index of exhibits and exhibits

After court proceedings, the Official Court Reporter must file a copy of the Index of Exhibits and copies of the exhibits in the Prothonotary’s Office.

(2) The Official Court Reporter shall file a copy of the Index of Exhibits with copies of the exhibits in the Prothonotary’s Office

CRITICALCivil cases

Applies to

Praecipe

The plaintiff's attorney must present a praecipe in proper form before the Prothonotary may mark or certify a case settled or discontinued.

(e) The Prothonotary shall not mark or certify a case settled or discontinued until the attorney for the plaintiff has presented his or her praecipe in proper form.

CRITICALCivil cases

Applies to

Bond

If the Court requires a bond, the appellant must file it and obtain the Register of Wills’ approval.

If the Court requires that a bond be furnished, the appellant shall file a bond and secure its approval by the Register of Wills.

CRITICALCivil cases

Applies to

Publication notice

Publication must include at least the contents of the notice required by 23 Pa. C.S.A. §2513(b).

Publication shall include, at a minimum, the contents of the Notice required by 23 Pa. C.S.A. §2513(b).

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel’s certification describing the conferral or attempted conferral and the unsuccessful effort to resolve the dispute.

Motions relating to discovery shall include a certification by counsel for the moving party that counsel has conferred or attempted to confer with opposing counsel and any unrepresented parties having an interest in the motion in an attempt to resolve the matter without court action and has been unable to reach a satisfactory resolution of the issues presented.

CRITICALCriminal cases

Applies to

Criminal case scheduling form

When a case is bound over to court after the preliminary hearing, the District Attorney must schedule arraignment and complete a Criminal Case Scheduling Form substantially consistent with Form L502 notifying the defendant of the arraignment and future important dates and places.

If the Magisterial District Judge, after completion of the preliminary hearing held pursuant to Pa.R.Crim.P.542, binds the case over to court, the District Attorney shall schedule a court arraignment and complete a Criminal Case Scheduling Form in a form substantially consistent with Form L502, so the defendant is notified of the date and place of the arraignment as well as future, important dates and places in compliance with 37.R.Crim.P.L502.

CRITICALCivil cases

Applies to

Petition

Must include

caption, proposed order, certificate of service

Each petition must be signed and include its caption, description, reasons, requested relief, and proposed order; the notice, service certificate, and court-administrator information must be attached as the last page.

All petitions and reasons therefore, shall be typewritten or printed, signed by a party or counsel of record and shall contain the caption of the case, a description of the petition, the reasons therefore, and the relief requested. A proposed order shall be included. For all petitions, the notice, the certificate of service, and the information for the court administrator shall be attached as the last page to the petition.

CRITICALCivil cases

Applies to

Papers filed pursuant to pa oc rule 2 4

A Proposed Decree of Distribution must accompany papers filed under Pa. O.C. Rule 2.4.

(a) A Proposed Decree of Distribution, which will confirm the Account and approve the Petition for Adjudication/Statement of Proposed Distribution, shall accompany the papers filed pursuant to Pa. O.C. Rule 2.4.

CRITICALCivil cases

Applies to

Motion

Every motion must include a statement of authority; it may be a contemporaneously filed brief or, for routine motions without complex legal or factual issues, appear in the motion itself.

All motions shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the motion or, in routine motions that do not raise complex legal or actual issues, in the body of the motion itself.

CRITICALCivil cases

Applies to

Account

A personal representative who delivers estate assets in satisfaction of the exemption must record those assets as a credit in the account.

When the personal representative, at his/her own risk delivers assets of the estate in satisfaction of the exemption, he/she shall set forth the same as a credit in the account.

CRITICALCivil cases

Applies to

Petition

Under Option 1, an appropriate petition must be filed with the Orphans' Court within 30 days.

An appropriate petition shall be filed with the Orphans' Court within thirty (30) days.

CRITICALCivil cases

Applies to

Motion for appointment of court hearing officer

A copy of the appointment motion must be filed with the permanent Court Hearing Officer.

A copy of the motion shall be filed with the permanent Court Hearing Officer.

CRITICALCivil cases

Applies to

Petition

the personal representative, after the expiration of one (1) year from the first complete advertisements of the grant of letters, may present a petition to the Court with an account attached under the provisions of the PEF Code §3531 (20 Pa. C.S.A. §3531). The petition shall conform as far as practicable to the requirements of a petition under Pa. O.C. Rule 5.8.

the personal representative, after the expiration of one (1) year from the first complete advertisements of the grant of letters, may present a petition to the Court with an account attached under the provisions of the PEF Code §3531 (20 Pa. C.S.A. §3531). The petition shall conform as far as practicable to the requirements of a petition under Pa. O.C. Rule 5.8.

CRITICALCivil cases

Applies to

Civil case management order

After pleadings close in civil cases other than domestic-relations matters, the Court must issue a Civil Case Management Order in the Exhibit L205 form setting dates for discovery completion, pretrial motions, the pretrial conference, and jury selection if demanded.

For all civil cases, excluding domestic relations matters, the Court shall issue a Civil Case Management Order after the close of the pleadings. This Civil Case Management Order shall set dates certain for the completion of discovery, the filing of all pre-trial motions, a pre-trial conference, and jury selection where demanded. The form of the Civil Case Management Order shall be as provided in Exhibit L205.

CRITICAL

Applies to

Document containing confidential information

Anyone filing a document containing confidential information as defined by the Public Access Policy must use and file a Confidential Information Form.

(A) Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case records of the Appellate and Trial Courts, persons who file documents that contain confidential information as defined by the Public Access Policy shall use and file a Confidential Information Form in order to comply with the Policy.

CRITICALCivil cases

Applies to

Pretrial statement

Each civil pretrial statement must include the expected trial facts, unusual factual or legal questions with supporting legal citations when applicable, and an estimate of the time needed to present the parties' cases in chief.

In addition to the requirements governing the content of pretrial statements set out in Pa. R.C.P. 212.2 each pretrial statement in any civil case shall contain: (a) A narrative statement of the facts that will be offered by oral or documentary evidence at trial, (b) A statement of any unusual questions of fact or law; and in the event of the latter, supporting citations of counsel's position of the law. (c) An estimated length of time which will be required to present the parties' respective cases in chief.

CRITICALCivil cases

Applies to

Surety certificate

An authorized Pennsylvania surety company may act as surety if a currently effective Insurance Department certificate evidencing its right is filed of record.

Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed by the Orphans’ Court; provided, that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing the surety’s right, is filed of record.

CRITICALCivil cases

Applies to

Post trial motion

Post-trial motions must identify each alleged trial error and cite the transcript by page and line when available.

Each point of trial error shall be specifically identified and referenced to the trial transcript (if available) by page and line.

CRITICALCivil cases

Applies to

Petition for adjudication of incapacity and guardian appointment

A petition for adjudication of incapacity and appointment of a guardian must include the specified information, including whether limited or plenary guardianship is sought and relevant information about the proposed guardian and fiduciary.

(a) A petition to adjudicate a persona incapacitated and to appoint a guardian shall set forth: (1) All matters required by Pa. O.C. Rule 14.2; (2) Whether the petition seeks limited or plenary guardianship and what powers are sought for a limited guardian; (3) Whether the proposed guardian wishes approval of any initial expenditures of funds at the hearing; (4) Whether the alleged incapacitated person executed a durable Power of Attorney and the name and current address of the attorney in fact; (5) Whether the alleged incapacitated person executed a Will or other testamentary document and the location of the original document; (6) Whether the alleged incapacitated person executed a Living Will, Advance Health Care Directive, or similar document and the location of the original document; (7) The name of the attorney who has represented the person in the recent past; and (8) Where appropriate, state therein the name of the proposed guardian and the relationship, if any, to the alleged incapacitated person, any fee arrangements and costs to be paid, the proposed fiduciary, and any interest the proposed fiduciary may have to the incapacitated person’s estate, if any.

CRITICALCivil cases

Applies to

Written agreement

To incorporate an agreement on ancillary matters into the divorce decree, the written agreement must be filed of record and the parties must stipulate in writing that they want it incorporated.

If the parties conclude a written agreement as to any or all ancillary matters and desire to have the agreement incorporated into the divorce decree the agreement to be so incorporated must be filed of record and the parties must stipulate in writing that they desire that the agreement be incorporated into the divorce decree.

CRITICAL

Applies to

Complaint response

The response must explain the Court’s position and offer options for substantively resolving the complaint.

The response will explain the position of the Court of the 37th Judicial District of Pennsylvania and offer options for substantive resolution of the complaint.

CRITICAL

Applies to

Transcript request

A litigant claiming economic hardship must attach a fully completed in Forma Pauperis Petition under Pennsylvania Rule of Civil Procedure 240 to the transcript request.

Litigants claiming economic hardship must attach to their request for transcript a fully completed in Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240.

CRITICALCivil cases

Service by publication requires presentation of a separate Motion for Service by Publication and an Affidavit of Diligent Search.

Notice of the Involuntary Termination Petition and hearing shall be served on the natural or putative father whose identity and/or whereabouts cannot be ascertained or on the mother whose identity and/or whereabouts cannot be ascertained by publication in the form and manner approved by the Court following presentation of a separate Motion for Service by Publication and Affidavit of Diligent Search as required by Pa. R.C.P. 430.

CRITICALCivil cases

Applies to

Petition for leave to settle or compromise minors action

The petition includes a verification by the petitioner that its statements are true and correct, subject to the stated penalties for unsworn falsification.

I, ________________________, am the petitioner in this action and hereby verify that the statements made in the foregoing petition to settle or compromise minor's action are true and correct to the best of my knowledge, information and belief. I understand that the statements in said petition are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

CRITICALCivil cases

Applies to

Petition

The petition must state the decedent’s death and letters dates, bond information, estate valuation and prior real-estate proceeds, sale and purchaser details, known liens and interested parties, and the requested additional-security relief.

(a) Form of Petition. In a sale of real estate, whether public or private, by a personal representative acting without benefit of an order of Court, directing or authorizing such sale, but who was required to give bond, the personal representative shall present a petition to the Court before the proceeds of the sale are paid by the purchaser setting forth: (1) The date of death of the decedent. (2) The date of the grant of letters to the petitioner. (3) The amount of the bond(s) filed by the petitioner, the date of such filing, and the name(s) of the surety. (4) The total valuation of the personal estate as shown on the inventory and appraisement, if any, and the total proceeds of any real estate sold previously. (5) A short description of the real property sold, the name(s) of the purchaser(s), the amount of the consideration to be paid, and the terms of the sale. (6) A list of all liens of record known to petitioner, including: mortgages, delinquent taxes, judgements, etc., and the names and relationships of all interested parties with a brief description of their respective interests. (7) A prayer for an order fixing the amount of additional security or for an order excusing the filing of additional security.

CRITICALCriminal cases

The application must state an amount or N/A for each income category and include verification for each amount.

INCOME: Indicate amount or N/A for each category. VERIFICATION MUST be attached for each amount.

CRITICALCivil cases

Applies to

Filing deficiency notice

A deficiency notice to an individual must use the prescribed wording, including the warning, legal-help contacts, and instruction to bring the filing into compliance.

The notice shall be as follows: NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS OF FOREST/WARREN COUNTY THAT IS NOT IN COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER YOU SHOULD CONTACT THE FOLLOWING AGENCIES TO OBTAIN LEGAL HELP: PA Lawyer Referral Services Northwestern Legal Services PA Bar Association First Niagara Bldg., 4th Floor 100 South Street 315 Second Ave., Suite 401 Harrisburg, PA 17108 Warren, PA 16365 Phone (800) 692-7375 Phone (800) 665-6957 IF YOU DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE YOU HAVE VIOLATED OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.

CRITICALCriminal cases

Applies to

Public defender application

The public defender application must include a copy of the criminal complaint.

*ATTACH A COPY OF THE CRIMINAL COMPLAINT*

CRITICALCivil cases

Applies to

Motion for appointment of court hearing officer

A Court Hearing Officer may not be appointed until the moving party complies with the specified rules, if applicable, unless the Court orders otherwise under Pa. R.C.P. 4019.

A Court Hearing Officer shall not be appointed unless and until the moving party has complied with Pa. R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46, if applicable, unless the Court has made an order pursuant to Pa. R.C.P. 4019.

CRITICALCriminal cases

Applies to

Waiver of arraignment form

A represented defendant may waive arraignment before it occurs by filing a form substantially similar to Form L571 with the Clerk of Courts.

A defendant who has counsel of record may, prior to arraignment, waive the arraignment by filing a Waiver of Arraignment Form in the Clerk of Courts’ office substantially similar to Form L571.

CRITICALCivil cases

Applies to

Petition

When authority to sell is not granted by will, trust instrument, or statute, a private-sale petition must conform as closely as practicable to the rules for the fiduciary’s public-sale petition.

Where the power to sell real property is not granted by will, trust instrument, or statute, a petition by a personal representative, trustee, or guardian to sell real property at private sale shall also conform as closely as practicable to all requirements of these rules with regard to a petition to sell reap property at public sale by the fiduciary.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings and its supporting brief must be filed with the Prothonotary and include a proposed scheduling order.

A motion for judgment on the pleadings and a brief in support thereof shall be filed with the Prothonotary and shall include a proposed scheduling order.

CRITICALCivil cases

Applies to

Hearing scheduling order

The order scheduling a civil contempt hearing must match FORM 1901A.

The order scheduling a hearing shall be in a form identical to FORM 1901A.

CRITICALCivil cases

Applies to

Petition for leave to settle or compromise minors action

The petition must state counsel's requested fee and its percentage of the minor's net settlement, and include a copy of the retainer fee.

18. Counsel requests a fee in the sum of $______________which is______% of the net settlement payable to the minor. A copy of the retainer fee is attached.

CRITICALCriminal cases

Applies to

Public defender application

The applicant must circle the county where charges were filed; failure to do so may delay processing or result in the application being returned.

REQUIRED: In which county have charges been filed against you? CIRCLE the county. (Failure to circle a county will delay the processing of your application and may result in your application being returned to you.)

CRITICALCivil cases

Applies to

Transcript request

A transcript requester must submit a written transcription request to the Court Reporter and deliver it to the Reporter.

The party requesting the transcript or portion thereof shall request the same to be transcribed by the Court Reporter in writing and deliver the request to the Reporter.

CRITICAL

Applies to

Document containing confidential information

A person filing a document containing confidential information must use and file a Confidential Information Form.

Pursuant to Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case records of the Appellate and Trial Courts, persons who file documents that contain confidential information as defined by the Public Access Policy shall use and file a Confidential Information Form in order to comply with this Policy.

CRITICALCriminal cases

Applies to

In forma pauperis application

A defendant seeking in forma pauperis status must file a petition and affidavit substantially consistent with Form L124(b).

The defendant shall file a petition and affidavit in a form substantially consistent with Form L124(b) of these rules.

CRITICALCriminal cases

Applies to

Criminal case schedule

The Court Administrator must publish the succeeding year’s case schedule by October 30, setting out the pertinent dates for each case.

(a) Annually, no later than October 30th, the Court Administrator shall publish a schedule for the succeeding year setting forth the following pertinent dates for each case with the appropriate schedule for each case to be set in motion by the date the defendant either waives his or her preliminary hearing or is bound over following that preliminary hearing:

CRITICALCivil cases

Applies to

Report

The official’s report must verify that written notice was given to counsel who formally appeared and to parties who appeared without counsel.

(h) The official shall verify in the report that written notice has been given to counsel of record who have filed a formal appearance in the proceedings and to such other parties as have appeared without counsel.

CRITICALCivil cases

Applies to

Appeal filing

The appellant’s filing within 20 days after service must include an affidavit of service.

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

CRITICALCriminal cases

Applies to

Administrative order

The District Court Administrator must file one certified copy of the Administrative Order with the Administrative Office of the Pennsylvania Courts.

- (a) File one (1) certified copy hereof with the Administrative Office of the Pennsylvania Courts.

CRITICALCivil cases

Applies to

Pleading or legal paper

In all other cases, every pleading and legal paper that is two or more pages long must have a cover sheet substantially in the prescribed form.

In all other cases, every pleading and legal paper, of two or more pages, shall have a cover sheet in substantially the following form:

CRITICALCivil cases

Applies to

Magisterial district judge file

The Magisterial District Judge must immediately deliver the specified completed forms and any entered bail to the Judges Chambers or Court Administrator.

The Magisterial District Judge shall cause the following completed forms and bail, if entered, to be delivered immediately to the Judges Chambers or Court Administrator: (1) criminal complaint; (2) FORM 1901B (above), if any; (3) certificate of bail, if any was required, and discharge or commitment; and (4) receipts or copies of notice of the hearing.

CRITICALCivil cases

Applies to

Petition

A petition by a personal representative to sell real property at public sale, under PEF Code §3353, shall set forth in separate paragraphs: (1) 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. (2) That the personal representative is not otherwise authorized to sell by the PEF 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. (3) Whether an inventory and appraisement have been filed, the total value of the property shown therein, and the value at which the real property to be sold was included therein. (4) If the personal representative entered bond with the Register, the name of the surety and the amount of such bond. (5) The names and relationships of all interested parties, a brief description of their respective interests, whether any of them are minors, adjudicated incapacitated, or deceased, or, if so, the names and the record of the appointment of their fiduciaries, if any. (6) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value if applicable and current common level ratio value.

A petition by a personal representative to sell real property at public sale, under PEF Code §3353, shall set forth in separate paragraphs: (1) 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. (2) That the personal representative is not otherwise authorized to sell by the PEF 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. (3) Whether an inventory and appraisement have been filed, the total value of the property shown therein, and the value at which the real property to be sold was included therein. (4) If the personal representative entered bond with the Register, the name of the surety and the amount of such bond. (5) The names and relationships of all interested parties, a brief description of their respective interests, whether any of them are minors, adjudicated incapacitated, or deceased, or, if so, the names and the record of the appointment of their fiduciaries, if any. (6) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value if applicable and current common level ratio value.

CRITICALCivil cases

Applies to

Civil contempt petition

The plaintiff must file a civil contempt petition with the Prothonotary, who then transmits it to the Court Administrator.

A petition for civil contempt shall be filed by the plaintiff with the Prothonotary and then transmitted by the Prothonotary to the Court Administrator.

CRITICALCivil cases

Applies to

Post trial motion

Post-trial relief motions must be written and argued on the regular scheduled civil calendar argument date.

All post-trial relief motions shall be in writing and shall be argued before the Court on the regular scheduled civil calendar argument date.

CRITICAL

Applies to

Appeal response

The President Judge’s response must provide a final resolution of the complaint.

Within fifteen (15) calendar days after the meeting, the President Judge will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.

CRITICALCriminal cases

Applies to

Administrative order

The District Court Administrator must file one certified copy of the Administrative Order with the Criminal Procedural Rules Committee.

- (c) File one (1) certified copy hereof with the Criminal Procedural Rules Committee,

CRITICALCivil cases

Applies to

Motion for appointment of court hearing officer

The motion form includes a certification that all required Court Hearing Officer fees have been paid.

(15) I hereby certify that all Court Hearing Officer’s fees required to be paid have been paid.

CRITICAL

Applies to

Index of exhibits

The Official Court Reporter must maintain the Index of Exhibits using the specified form and listed fields.

(2) The Official Court Reporter shall maintain the Index of Exhibits and shall use a form which shall be in the following format: Index of Exhibits Exhibit No. Description/Title Proponent Marked Rejected Admitted Confidential Information Sheet (If required)

CRITICALCivil cases

Applies to

Petition for leave to settle or compromise minors action

The petition must include an sworn statement from the minor's parent, guardian, or guardian ad litem addressing the minor's condition and approving the proposed settlement and distribution.

11. Attached hereto is a statement, under oath, of the minor's parents and/or guardian and/or guardian ad litem certifying the physical and/or mental condition of the minor, as well as the parents' and/or guardian's and/or guardian ad litem's approval of the proposed settlement and distribution.

CRITICALCivil cases

Applies to

Petition

A guardian’s petition for public sale under PEF Code §5521 must include the information required for a minor’s sale petition and additional facts showing the sale is in the incapacitated person’s best interest.

A petition by a guardian to sell real property at public sale, under PEF Code §5521, shall set forth in separate paragraphs the same information as required for the sale by a guardian of a minor with sufficient additional facts to enable to Court to determine that the proposed sale will be in the best interest of the incapacitated person.

CRITICALCivil cases

Applies to

Answer

Answers must conform to the applicable civil rules for answers to complaints; Rule 206.7 governs the manner and effect of failure to answer, admissions, and denials.

Answers shall conform to the requirements for answers to complaints in civil actions under the applicable Rules of Civil Procedure, and the manner and effect of failure to answer, admissions and/or denials shall be governed by the provisions of Pa. R.C.P. No. 206.7

CRITICALCivil cases

Applies to

Proposed decree of adoption

The petitioner's attorney must submit a Proposed Decree of Adoption to the Court at the hearing.

At the time of the hearing, the attorney for petitioner shall submit a Proposed Decree of Adoption to the Court.

CRITICALCivil cases

Applies to

Petition for adjudication of incapacity and guardian appointment

The petition must comply with Pa. O.C. Rule 14.2, and if the person is alleged to be unable to attend court, the petitioner must make a recent physician’s report part of the record at the hearing.

The petition shall comply with all of the mandates of Pa. O.C. Rule 14.2; however, if it is alleged that the alleged incapacitated person is unable to attend court, the petitioner, at the time of hearing, must make a part of the record a physician’s report dated within twenty (20) days of the hearing that the physician has examined the alleged incapacitated person and in the medical opinion of the physician, attending would be harmful to the alleged incapacitated person.

CRITICALCivil cases

Applies to

Exception

Every exception must state the claimed available income and supporting record evidence for both obligor and obligee, as well as the support amount that should have been ordered.

All exceptions shall include a statement of the following: (a) the obligor's income available for support as claimed by the party filing the exceptions, together with a statement of the record evidence of the obligor's income; (b) the obligee's income available for support as claimed by the party filing the exceptions, together with a statement of the record evidence of the obligee's income; (c) the amount of support which should have been ordered.

CRITICALCivil cases

Applies to

Summons

A summons must state the hearing date, time, and place; the District Justice obtains those details from the Court Administrator unless unable to make contact.

If the District Justice issues a summons the summons shall indicate the date, time and place for the hearing which the District Justice shall obtain from the Court Administrator unless the District Justice is unable to contact the Court Administrator.

CRITICALCivil cases

Applies to

Compliance affidavit

Counsel must file an affidavit certifying compliance with the final order and submit photocopied proof of deposit.

(h) Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary certifying compliance with the court order, and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.

CRITICALCivil cases

Applies to

Private sale petition

A copy of the agreement of sale must be attached to the private-sale petition.

(b) A copy of the agreement of sale.

CRITICALCivil cases

Applies to

Case management order

After pleadings close, the Court must issue a Case Management Order setting dates certain for discovery, pre-trial motions, a pre-trial conference, and jury selection when demanded.

(a) For all Orphans’ Court cases, the Court shall issue a Case Management Order after the close of the pleadings. This Case Management Order shall set dates certain for the completion of discovery, the filing of all pre-trial motions, a pre-trial conference, and jury selection, where demanded.

CRITICALCriminal cases

Applies to

Application

All paperwork received concerning the charges must accompany the completed application.

3. Any paperwork you received concerning the charges filed against you must also accompany the completed application.

CRITICALCivil cases

Applies to

Private sale petition

A private-sale petition must include a certification that nonconsenting or nonjoining parties were given twenty days’ notice.

(a) Certification that twenty (20) days’ notice has been given to those parties who do not consent or join.

CRITICALCivil cases

Applies to

Exception

An exception alleging an erroneous factual finding must identify the challenged and proposed findings and specify supporting documents or testimony for both.

An exception asserting that the Hearing Officer made an erroneous finding of fact shall: (a) identify the erroneous finding; (b) state specifically the finding which should have been made by the Hearing Officer; (c) specify any document which supports, or any witness whose testimony supports, the finding which should have been made by the Hearing Officer; (d) specify any document or testimony which supports the Hearing Officer's finding.

CRITICALCivil cases

Applies to

Order to appear

An order attached to the front of a complaint or petition for modification must substantially follow the prescribed Notice and Order to Appear form.

The order to be attached at the front of the complaint or petition for modification shall be in substantially the following form:

CRITICALCivil cases

Applies to

Motion for appointment of court hearing officer

A motion to appoint a Court Hearing Officer must substantially follow Form L1920.74 and include a certificate of compliance with the specified rules, unless the moving party certifies that one or more rules do not apply.

6. A motion for appointment of a Court Hearing Officer shall be substantially in the form prescribed by Form L1920.74 and shall be accompanied by a certificate that the moving party has complied with the filing requirements of PA R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46 unless the moving party certifies that one or more of those rules is inapplicable.

CRITICALCivil cases

Applies to

Hearing notice

The Magisterial District Judge must inform the plaintiff and defendant in writing, using Form 1901B, of the hearing date and time.

The Magisterial District Judge shall then inform the plaintiff and defendant of the date and time for the hearing in writing in the form of FORM 1901B (above).

CRITICALCriminal cases

Applies to

Application

The application must include proof of income for every household member when the office receives it.

2. Total household income is considered, due to the Federal Poverty Guidelines that this office follows. Therefore, you must provide proof of income for each member at the time we receive your application.

CRITICALCivil cases

Applies to

Appeal

An appeal must identify the taxpayer, taxing districts, and property; state the appeal’s basis with the specified detail; and include a photocopy of the Board decision, if any.

(b) Contents of Appeal: 1. Names and addresses of the taxpayer and the taxing districts; 2. Identification of the property, including street address and tax parcel number; 3. Reason(s) for the appeal. For the purposes of this section, where a challenge is based on fair market value, it shall be sufficient to state that the assessment pursuant to the applicable State Tax Equalization Board, common level or predetermined ratio, is excessive. Where the challenge is based on uniformity as the basis for the appeal it shall be sufficient to state lack of uniformity as the basis for the appeal. Where a challenge is based on class certification for the purposes of a class action suit, the appellant shall state with specificity the alleged error of law or abuse of discretion committed by the Board of Assessment Appeals. 4. Photocopy of the decision or the Board, if any.

CRITICAL

Applies to

Complaint

Complete the complaint form and return to Court Administration.

Complete the complaint form and return to Court Administration.

CRITICALCivil cases

Applies to

Corporate surety certificate

A corporation seeking acceptance as surety on a court-approved bond must file the specified Insurance Commissioner certificate with the county Prothonotary.

No corporation shall be accepted as surety upon any bond to be approved by the Court unless such corporation has filed in the office of the Prothonotary of the County of the District a certificate issued by the Insurance Commissioner of the Commonwealth authorizing it to become surety on bonds, obligations and undertakings and certifying that such certificate has not been revoked by the Insurance Commissioner.

CRITICALCivil cases

Applies to

Small estate petition

A small-estate petition must state the will’s probate and letters dates, any bond requirement and amount, beneficiaries’ interests, and whether beneficiaries received or retained decedent property through wage payments under PEF Code §3101.

(b) Contents. In addition to the requirements provided by the Rules in Chapter III, a petition shall set forth the following: (1) The date 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, if so, the amount. (2) A brief description of any beneficiaries’ respective interests and whether any of them has received or retained any property of the decedent by payment of wages under PEF Code §3101.

CRITICALCivil cases

Applies to

Class action appeal

A full record must be made before the Board in every appeal from 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.

CRITICALCriminal cases

Applies to

Written appearance

Defense counsel must file a written appearance in every case.

Counsel representing a defendant shall file a written appearance in all cases in the office of the Clerk of Courts at or before the time of arraignment.

CRITICALCivil cases

Applies to

Counsel affidavit

Within 60 days after the final Order, counsel must file an affidavit certifying compliance and attach a copy of the Certificate of Deposit and/or restricted bank account.

Within sixty (60) days from the date of this final Order, counsel shall file with the office of Civil Administration an Affidavit from counsel certifying compliance with this order. Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

CRITICALCriminal cases

Applies to

In forma pauperis praecipe

The praecipe must include the attorney’s certification that the attorney provides free legal service and believes the party cannot pay the costs.

If the party is represented by an attorney other than the Public Defender or Court Appointed Counsel, the Clerk of Courts shall allow the party to proceed in forma pauperis upon the filing of a praecipe which contains a certification by the attorney that he or she is providing free legal service to the party and believes the party is unable to pay the costs.

CRITICALCivil cases

Applies to

Petition for rule to show cause

Must include

proposed order

A petition seeking a rule to show cause must be filed in the Prothonotary’s Office with a proposed order in the form prescribed by Rule 206.6(c) attached.

A petition seeking the issuance of a rule to show cause shall be filed in the Prothonotary's Office. A proposed order, in the form prescribed by Pa. R.C.P. 206.6(c), shall be attached to the petition.

CRITICALCivil cases

Applies to

Sale notice

The advertised sale notice must include the property’s size and location information, improvements, any deed or surveyor’s description, last deed grantee and recording reference, and recorded liens and secured parties.

In addition, notice of the sale shall be advertised one (1) time in a newspaper of general circulation in the appropriate county and such notice shall contain: (a) The size of the property, either by acreage or square feet, if known, as well as the street or road location, and reference to any landmarks that may identify the property. (b) A list of all improvements on the property and the nature thereof. (c) A deed description or surveyor’s description of the property, if any. (d) The name of the grantee of the last recorded deed of the subject premises, together with the Deed Book and page of the record. (e) The recorded liens thereon and the identity of the secured party.

CRITICALCivil cases

Applies to

Adoption petition

An adoption petition lacking mandatory information, an abuse of children record, or other required information will not be presented for hearing.

No petition for adoption shall be presented by the Clerk for hearing if it does not have all mandatory information, abuse of children record, or other required information.

CRITICALCriminal cases

Applies to

Notice

The required summons notice must be substantially consistent with Form L510.

In all summary cases where there is a likelihood of incarceration and in all court cases where a criminal action is commenced by summons, the Issuing Authority shall mail with the summons a notice substantially consistent with Form L510.

CRITICALCivil cases

Applies to

Probable cause affidavit

The probable cause affidavit must use the form provided in the document.

The probable cause affidavit shall be in the following form:

CRITICALCivil cases

Applies to

Post trial motion

The party filing a post-trial motion must have the supporting transcript or relevant portion transcribed before argument, subject to the stated agreement exception.

The party filing post-trial motions shall cause the transcript or portion thereof to support the motion to be transcribed before the motion is argued.

CRITICALCivil cases

Applies to

Petition

The petition for an extension must be filed with the Clerk.

The petition shall be filed with the Clerk

CRITICALCivil cases

Applies to

Adoption petition

Must include

proposed order

An adoption petition must have an attached proposed Preliminary Order scheduling the adoption hearing.

A petition for adoption shall have a proposed Preliminary Order scheduling the adoption hearing attached thereto.

CRITICALCivil cases

Applies to

Account filing advertisement

(b) The Clerk shall give notice by advertisement of the time when Accounts were filed and when they will be presented to the Court for confirmation. The advertisement shall include the names and capacity of respective accountants and shall also state that unless objections are filed with twenty (20) days after confirmation, the confirmation will be confirmed and distribution may be made in accordance with any Statement of Proposed Distribution filed with the Account.

(b) The Clerk shall give notice by advertisement of the time when Accounts were filed and when they will be presented to the Court for confirmation. The advertisement shall include the names and capacity of respective accountants and shall also state that unless objections are filed with twenty (20) days after confirmation, the confirmation will be confirmed and distribution may be made in accordance with any Statement of Proposed Distribution filed with the Account.

CRITICALCivil cases

Applies to

Entry of appearance

An attorney or party who does not sign a pleading must enter an appearance by filing a written praecipe with the appropriate Prothonotary.

Appearances by attorneys or parties not signing pleadings shall be made by written praecipe filed with the Prothonotary of the respective Court in the District.

CRITICALCivil cases

Applies to

Notice

The notice must include copies of the petition and appraisal and a statement about the requested confirmation, the stated time, and the deadline for exceptions.

The notice shall contain a copy of the petition and the appraisal, and a statement that confirmation of the appraisal and the setting apart of the real estate to the next of kin will be requested and may be allowed by the Court at a stated time, and unless exceptions are filed thereto, confirmed twenty (20) days thereafter.

CRITICALCivil cases

Applies to

Appraisal

When an appraisal is necessary, the Court appoints two appraisers, who must file the appraisal with the Clerk within 30 days of appointment.

If an appraisal is necessary, the Court shall appoint two appraisers in accordance with PEF Code §3123. After appointment, the appraiser shall file with the Clerk their appraisal within thirty (30) days of appointment.

CRITICALCivil cases

Applies to

Entry of appearance

In a new civil case covered by the Stay and filed against the Pennsylvania Office of Attorney General while the Stay is in effect, its attorney’s entry of appearance must include a Praecipe to Stay the Action and a copy of the Order.

It is further ORDERED and DECREED that as to any new civil cases to which this Stay applies filed against the Pennsylvania Office of Attorney General while this Stay is in effect, the entry of appearance by the attorney on behalf of the Pennsylvania Office of Attorney General must be accompanied by a Praecipe to Stay the Action, together with a copy of this Order.

CRITICALCivil cases

Applies to

Petition

A public-sale petition by a personal representative, trustee, or guardian must include a certification that nonconsenting or nonjoining parties received twenty business days’ notice.

The following exhibits shall be attached to the petition by a personal representative, trustee, or guardian to sell real property at public sale: (a) Certification that twenty (20) business days’ notice has been given to those parties who do not consent or join.

CRITICALCivil cases

Applies to

Citation

A citation issued for an appeal must state a definite date and time for the hearing.

Said citation shall contain a date and time certain for hearing on the appeal.

CRITICALCivil cases

Applies to

Motion for appointment of court hearing officer

Motions to appoint a Court Hearing Officer must be filed in accordance with Local Rule L208.

Motions for appointment of a Court Hearing Officer shall be filed in accordance with Local Rule L208.

CRITICALCivil cases

Applies to

Petition for leave to settle or compromise minors action

The petition must disclose whether counsel has received or will receive third-party collateral payments for fees related to the same matter.

19. Counsel (has)(has not) and (will)(will not) receive collateral payments as counsel fees for representation involving the same matter from third parties (i.e. subrogation).

CRITICAL

Applies to

Local rule

The District Court Administrator must publish the rules on the Warren/Forest County Court website.

3. Publish these Rules on the Warren/Forest County Court website at www.warrenforestcourt.org.

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 findings of fact and conclusions of law.

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.

CRITICALCivil cases

Applies to

Pleading

An attorney's signature on a pleading constitutes the attorney's entry of appearance, including when signing for an entity.

The signing of a pleading by an attorney shall constitute that attorney's entry of appearance irrespective if the signature is made on behalf of a professional corporation, partnership or similar entity.

CRITICALCivil cases

Applies to

Petition

The petitioner must put the prescribed notice on the petition’s face sheet.

The petitioner shall notify the respondent on the face sheet of the petition of the following: NOTICE A petition has been filed against you in Court. If you wish to defend against the claims set forth in the petition, you must take action as specified in the rule returnable and file in writing with the court your defenses or objections to the matter set forth against you. You are warned that if you fail to do so, the case ma y proceed without you and an order may be entered against you by the court without further notice for the relief requested by the petitioner. You may lose rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help.

CRITICALCivil cases

Applies to

Notice to defend

The Notice to Defend must name the designated legal-help agencies listed in the document.

As provided by Pa. R.C.P. No. 1018.1, the following agencies are designated to be named in the Notice to Defend in order to find out where legal help can be obtained:

CRITICALCivil cases

Applies to

Petition

The petition must provide facts enabling the Court to determine that the sale is desirable for proper estate administration and distribution.

Sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

CRITICALCivil cases

Applies to

Official examiner report

The Court may appoint by special order an official examiner(s) who shall examine the assets held by any 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 appoint by special order an official examiner(s) who shall examine the assets held by any 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

Petition for allowance

A petition for allowance where no guardian has been appointed must include a copy of the settlement-approval order.

(c) Petitions for Allowance in those cases where a guardian has not been appointed shall be filed with the Orphans' Court Division of the appropriate county or other state. A copy of the order approving the settlement shall be attached to the petition.

CRITICALCivil cases

Applies to

Petition for allowance

A petition for allowance involving a guardian appointed by the Warren/Forest County Orphans' Court Division must include a copy of the settlement-approval order.

(a) Petitions for Allowance in those cases where a guardian has been appointed by the Orphans' Court Division of Warren/Forest County shall be filed directly with such division. A copy of the order approving the settlement shall be attached to the petition.

CRITICALCriminal cases

Applies to

Motion

The motion requesting a Gagnon II hearing must state whether the allegations are contested or the hearing is for disposition only.

That motion shall also indicate whether the allegations are contested or whether the Gagnon II hearing will be for disposition purposes only.

CRITICALCivil cases

Applies to

Petition

A public-sale petition by a personal representative, trustee, or guardian must include consent from any mortgagee whose lien would not otherwise be discharged by the sale.

The following exhibits shall be attached to the petition by a personal representative, trustee, or guardian to sell real property at public sale: (b) Consent by any mortgagee whose lien would otherwise not be discharged by the sale.

CRITICALCriminal cases

Applies to

Criminal case scheduling form

When a preliminary-hearing waiver is accepted, the District Attorney must schedule arraignment and complete a Criminal Case Scheduling Form substantially consistent with Form L502 that gives the defendant the arraignment and future important dates and places.

If a Magisterial District Judge accepts the waiver of a preliminary hearing pursuant to Pa.R.Crim.P.541, the District Attorney shall schedule a court arraignment and complete a Criminal Case Scheduling Form in a form substantially consistent with Form L502 notifying the defendant of the date and place of his/her arraignment as well as any future, important dates and places in compliance with 37.R.Crim.P.L502.

CRITICALCivil cases

Applies to

Post trial or post hearing motion

For a post-trial or post-hearing motion concerning testimony, the moving party must arrange transcription of the testimony needed to resolve the issues.

The moving party in all post-trial or post-hearing motions shall, if the argument relates to the testimony presented, arrange for the transcription of so much of the testimony as may be required to resolve the issues presented.

CRITICALCivil cases

Applies to

Account of personal representative

After confirmation, one copy of the personal representative’s Account, bearing the confirmation date, must be sent to the Register for indexing and filing in the decedent’s proceeding records.

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

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Every motion must be filed with the Prothonotary's Office and include a proposed scheduling order.

All Motions shall be filed with the Prothonotary's Office and shall include a proposed scheduling order.

CRITICALCivil cases

Applies to

Review petition

A petition for review of an incapacity adjudication must include the matters required by Pa. O.C. Rule 14.3, the name and location of the court that adjudicated incapacity, and whether the person can conduct their own affairs.

A petition to adjudicate whether there has been any significant change in the capacity of a person who was formerly adjudicated to be incapacitated shall set forth: (a) All matters required by Pa. O.C. Rule 14.3; (b) The name and location of the court which adjudicated incapacity; and (c) Whether the former incapacitated person is capable of conducting his/her own affairs.

CRITICALCivil cases

Applies to

Seminar fee waiver or reduction request

A fee waiver or reduction request must include a verified affidavit of indigency or other proof of economic hardship under Pa. R.C.P. No. 240.

Any request for waiver or reduction of the fee shall be filed with the Court Hearing Officer and shall be accompanied by a verified affidavit of indigency or other proof of economic hardship in accordance with Pa. R.C.P. No. 240, at least five days prior to the scheduled seminar.

CRITICALCivil cases

Applies to

Wrongful death survival settlement petition

Must include

proposed order

A wrongful-death or survival settlement petition must contain the specified estate, settlement, beneficiary, heir, claim, and lien information and attach the Register's Decree and a proposed order.

(c) Contents of Petition. The Petition shall be substantially in the form set forth hereunder, and shall: (1) set forth the date of death of plaintiff-decedent, the name of the personal representative of the estate and the county of appointment. A copy of the Decree of the Register must be attached; (2) state the terms of the settlement, including the specific allocation as between wrongful death and survival, name the wrongful death beneficiaries and the amount each is to receive, name the intestate heirs of Plaintiff- decedent as of the date the cause of action arose, state reasons why the settlement and allocation are reasonable, and otherwise comply with Pa. R.C.P. 2206. In the event a portion of the settlement is payable through the purchase of an annuity, set forth the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, as well as the periodic and lump sum payments. (3) show compliance with Pa. R.C.P. 2205 and set forth the name, relationship and address of plaintiff- decedent's intestate heirs who must be served with a copy of the petition (as required by 20 Pa. C.S.A. § 2101, et. seq.) (4) identify any other parties who may have a possible interest in plaintiff-decedent's estate, and list unpaid claims raised, or which are outstanding, in the decedent's estate; (5) state whether a lien or claim has been raised on behalf of any medical supplier, including the Department of Public Welfare; and (6) attach a proposed order.

CRITICALCivil cases

Applies to

Motion for appointment of court hearing officer

A motion for appointment of a Court Hearing Officer must attach the completed form required by Pa. R.C.P. No. 1920.46.

(8) Attached hereto is the completed form required by Pa. R.C.P. No. 1920.46.

CRITICALCivil cases

Applies to

Notice of hearing

A hearing notice must state the case caption and number, appointment information, fiduciary’s name, hearing time and place, matters to be determined, and the Auditor’s or Master’s signature and contact information.

(b) The notice shall include the following: (1) The caption and number of the case; (2) The fact and date of appointment; (3) The name of the fiduciary of the estate; (4) The time and place of hearing; (5) A general statement of the matters to be determined; and (6) The signature and the typewritten name, address, and telephone number of the Auditor or Master.

CRITICALCivil cases

Applies to

Agreement of reference

An agreement of reference for a matter not in litigation must be signed by counsel for all sides, filed with the Prothonotary, and define the issues for the arbitrators; it may include factual stipulations and takes the place of pleadings when filed of record.

Matters not in litigation may be referred to a board of arbitrators by an agreement of reference, signed by counsel for all sides in the case. Such agreement shall be filed with the prothonotary, who will forward a copy to the court administrator. Said agreement shall define the issue(s) involved for determination by the board and may contain stipulations of fact. In such cases, the agreement shall take the place of the pleadings in the case and be filed of record.

CRITICALCivil cases

Applies to

Court hearing officer fee petition

A specially appointed Court Hearing Officer must file a fee petition detailing time, services, and expenses in compliance with local motions practice.

In such a case the specially appointed Court Hearing Officer shall file a petition or petitions for the payment of the Court Hearing Officer’s fees detailing the time and services spent and rendered, and expenses incurred, all in compliance with local motions practice.

CRITICALCivil cases

Applies to

Appeal petition

Must include

caption

An appeal from the Register of Wills must be addressed to the Orphans’ Court with the appropriate caption and filed in petition form.

Appeals taken from a judicial act or proceedings before the Register of Wills shall be addressed to the Orphans’ Court with the appropriate caption. The appeal shall be in petition form.

CRITICALCivil cases

Applies to

Legal paper

Must include

certificate of service

Legal papers other than original filings must contain a Certificate of Service substantially in the prescribed form; on the moving party's request, the Court may waive the requirement in its discretion for good cause shown.

All legal papers, except original filings, shall contain a Certificate of Service. Upon request by the moving party this requirement may be waived by the Court at the Court's discretion for good cause shown. The Certificate of Service shall be substantially in the following form:

CRITICALCriminal cases

Applies to

In forma pauperis application

The application must state current asset balances or values and include verification of all account balances.

ASSETS: State current balance or value and attach verification of all account balances.

CRITICAL

Applies to

Audio or video recording

Copies of audio or video recordings presented during proceedings must be submitted to the Official Court Reporter before or during the proceedings.

(2) Copies of audio and/or video recordings presented during the court proceedings shall be submitted to the Official Court Reporter either before or during the court proceedings.

CRITICALCivil cases

Applies to

Motion or petition

A motion or petition containing allegations of matters not of record in the case must be verified under Pennsylvania Rule of Civil Procedure 1024.

Motions or petitions containing allegations of matters not of record in the case must be verified in accordance with Pennsylvania Rule of Civil Procedure 1024.

CRITICALCivil cases

At the hearing, counsel must attach copies of the costs, counsel fees, and other expenses incurred for payment by the adopters.

At the time of hearing, counsel shall attach a copy of all costs, counsel fees, and any other expenses incurred to be paid by the adopters.

CRITICALCivil cases

Applies to

Hearing notice

The Magisterial District Judge must advise the defendant and any plaintiff present, using Form 1901A, that the Court Administrator will send notice of the contempt hearing’s date, time, and place.

The Magisterial District Judge shall advise the defendant, and if present the plaintiff, in the form of FORM 1901A, that each will be receiving a notice from the Court Administrator setting forth the date, time and place of the hearing on contempt.

CRITICALCivil cases

Applies to

Petition

A petition must include a certification that beneficiaries and unpaid creditors received the proposed petition and decree at least 20 business days before presentation.

A certification that a copy of the proposed petition and decree has been given to all beneficiaries and unpaid creditors at least twenty (20) business days prior to presentation of the petition.

CRITICALCivil cases

Applies to

Exception

An exception alleging an error of law must identify the statute, rule, regulation, or judicial decision that the Hearing Officer failed to apply or applied improperly.

An exception asserting that the Hearing Officer made an error of law shall identify the statute, rule, regulation, or judicial decision, not applied or improperly applied by the Hearing Officer.

CRITICALCivil cases

Applies to

Petition for allowance

A petition for allowance involving a guardian appointed by another county or state must include a copy of the settlement-approval order.

(b) Petitions for Allowance in those cases where a guardian has been appointed by the Orphans' Court Division of a county other than Warren/Forest County, or by a different state, shall be filed directly with such appointing court. A copy of the order approving the settlement shall be attached to the petition.

CRITICALCriminal cases

Applies to

Preliminary arraignment notice

When a defendant appears without an attorney, the Issuing Authority must provide a written notice substantially consistent with Form L510 at preliminary arraignment, even if the defendant received it earlier.

In all cases in which a defendant does not appear with an attorney, in addition to the Issuing Authority verbally advising the defendant as set forth in Pa.R.Crim.P.540(E), the Issuing Authority shall provide to the defendant at his/her preliminary arraignment a written notice in a form substantially consistent with Form L510, even if the defendant has previously received the same notice pursuant to 37.R.Crim.P.L510.

CRITICALCriminal cases

Applies to

Contested motion

A contested motion must state that a party contests it or that it seeks relief beyond a hearing or argument date.

(b) Contested Motions. A contested motion shall include a statement that one or more parties or their counsel of record contest the motion or that the motion seeks relief other than a hearing or argument date.

CRITICALCivil cases

Applies to

Brief

A brief referring to deposition testimony, affidavits, interrogatory answers, or similar material must append a copy of the referenced portion.

Briefs, which refer to deposition testimony, affidavits, answers to interrogatories, etc. shall have appended to the brief a copy of that portion of the testimony referenced in the brief.

CRITICALCriminal cases

Applies to

Criminal case scheduling form

When the defendant is bound over or waives the preliminary hearing, the District Attorney must complete a Criminal Case Scheduling Form, with an original and five copies, substantially consistent with Form L502.

(c) At the time defendant is bound over to Court or waives his or her preliminary hearing, the District Attorney shall complete a Criminal Case Scheduling Form with an original and five copies substantially consistent with Form L502.

CRITICALCivil cases

Applies to

Small estate petition

(c) Exhibits. The following items shall be attached as exhibits to the petition:

(c) Exhibits. The following items shall be attached as exhibits to the petition:

CRITICALCriminal cases

Applies to

Administrative order

The District Court Administrator must file one copy of the Administrative Order with the Prothonotary or Clerk of Court of the 37th Judicial District.

(d) File one (1) copy with the Prothonotary/Clerk of Court of the 37th Judicial District.

CRITICALCivil cases

Applies to

Hearing transcript

The Court Hearing Officer must engage a court reporter and have testimony transcribed unless the parties waive transcription and the Officer concurs.

The Court Hearing Officer shall engage the services of a court reporter. The testimony shall be transcribed unless: 1. The parties waive transcription and the Court Hearing Officer concurs.

CRITICALCivil cases

Applies to

Proof of establishment of accounts

Counsel's affidavit must certify compliance with the order and include a copy of the Certificate of Deposit and/or bank account showing the required restrictions.

Counsel shall file with the Prothonotary within sixty (60) days from the date of this final order, proof of the establishment of the accounts as required herein, by affidavit from counsel certifying compliance with this order. Counsel shall attach to the affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must include a statement of authority citing supporting law; it may be a contemporaneously filed brief or, for noncomplex objections, appear in the objections themselves.

All preliminary objections shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the preliminary objections or, if the preliminary objections do not raise complex legal or factual issues, in the body of the preliminary objections.

CRITICALCivil cases

Applies to

Appeal petition

Must include

caption

An appeal petition must include the listed caption, heading, proceeding details, supporting materials and facts, questions presented, interested parties, and requested relief.

The petition shall set forth: (1) The caption; (2) A heading briefly indicating the purpose of the petition; (3) The nature of the proceedings before the Register; (4) A copy of any Will or instrument in controversy; (5) A statement of the facts and circumstances upon which appellant relies; (6) A precise statement of the questions of law or fact involved; (7) The names and addresses of all interested parties; and (8) A prayer for relief desired.

CRITICALCivil cases

Applies to

Exception

Each exception to the specified Hearing Officer reports must state whether it alleges an erroneous factual finding or an error of law.

Each exception to the Hearing Officer's Report regarding child support, spousal support, and alimony pendente lite shall specifically identify whether the party filing the exception is asserting that: (a) the Hearing Officer made an erroneous finding of fact, or (b) the Hearing Officer made an error of law.

CRITICALCivil cases

Applies to

Motion

Every motion must be supported by a statement of authority citing supporting law; it may be a contemporaneously filed brief or, for routine motions without complex issues, part of the motion.

All motions shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief filed contemporaneously with the motion or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.

CRITICAL

Applies to

Oversized or bulky exhibit

The proponent must retain custody of an oversized or bulky exhibit and submit a photograph of it to the Official Court Reporter before or during the proceedings.

(1) If the exhibit is oversized or bulky, the proponent shall maintain custody of the exhibit. A photograph shall be taken by the proponent of the oversized or bulky exhibit and submitted to the Official Court Reporter either before or during the court proceedings.

CRITICALCivil cases

Applies to

Notice of report filing

The notice of report filing must state that the report will be presented to the Court for confirmation unless exceptions are filed within 20 days from the filing date.

Said notice shall inform all parties that unless exceptions are filed within twenty (20) days from the date of the filing of the report, it will be presented to the Court for confirmation.

CRITICALCivil cases

Applies to

Petition

A guardian’s petition for public sale under PEF Code §5144 or §5155 must set out the specified minor, notice, title, property-interest, property-description, and best-interests information in separate paragraphs.

A petition by a guardian to sell real property at public sale, under PEF Code §5144 or §5155, shall set forth in separate paragraphs: (1) The age of the minor. (2) The names of the minor’s next of kin and the notice given them of the presentation of the petition. (3) How title was acquired, stating the date and place of probate of the Will or recording of the deed. (4) A recital of the provisions of the Will or deed relating to the real property to be sold. (5) The nature and extent of the interest of the minor, of the guardian, and of the third persons in the real property. (6) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value and current common level ration value. (7) Sufficient facts to enable the Court to determine that the proposed sale will be in the best interest of the minor.

CRITICALCivil cases

Applies to

Petition for leave to settle or compromise minors action

If the minor is at least 16 years old, the petition must include the minor's written approval of the proposed settlement and distribution.

12. Attached hereto is the written approval of the proposed settlement and distribution by the minor, who is sixteen (16) years of age or older.

CRITICALCivil cases

Applies to

Indirect criminal contempt complaint

The arresting officer or the victim must complete, sign, and file an indirect criminal contempt complaint in the form prescribed by Exhibit L1903.1A.

A complaint for indirect criminal contempt in the form prescribed by Exhibit L1903.1A shall be completed, signed and filed by the arresting officer or the victim.

CRITICALCivil cases

Applies to

Auditor or master report

Upon completing the report, the official must file it with the Clerk and give written notice of its filing to counsel for formally appearing parties and to parties appearing without counsel.

(d) Upon completion of the report, the official shall file it in the office of the Clerk and shall give notice in writing that the report has been filed to counsel for all parties who appear formally during the proceedings and to such parties as appear without counsel.

CRITICALCivil cases

Applies to

Motion for service by publication

A motion for publication service on a natural or putative father must state the mother's lack of knowledge, provide his last known address if known, and detail the petitioner's attempts to identify or locate him.

A Motion for Service by Publication upon a natural or putative father must aver that the natural mother does not know the identity and/or whereabouts of the natural or putative father. This Motion must include his last known address, if known, and must also specify all attempts made by the petitioner to determine the correct identity and/or address of the natural or putative father.

CRITICALCivil cases

Applies to

Petition

The affidavit or verified statement accompanying the discharge petition must state that the consenting parties are all interested parties, or explain why any party did not consent.

The affidavit or verified statement to the petition shall include an averment that the parties who have signed the consents to discharge are all the parties interested in the estate, or the reason for the failure of any party to consent.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must be filed with the Prothonotary and include a proposed scheduling order.

All preliminary objections shall be filed with the Prothonotary and shall include a proposed scheduling order.

CRITICAL

Applies to

Local rule

The District Court Administrator must file one copy of the local rule in the appropriate filing office for public inspection and copying.

4. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.

CRITICALCivil cases

Applies to

Motion for appointment of court hearing officer

The appointment motion must certify that the fees are paid in full, and the Prothonotary must certify payment in writing on the motion's face.

In the motion the moving party shall certify to the Court that these fees have been paid in full and the Prothonotary shall certify in writing on the face of the motion that the fees have been paid.

CRITICALCivil cases

Applies to

Custody complaint or petition

Must include

proposed order

A complaint or petition must have an attached proposed order directing the defendant to appear at a specified time and place, substantially in the Rule L1915.15(c) form.

A proposed order shall be attached to the complaint or petition directing the Defendant to appear at a time and place specified. The proposed order shall be substantially in the form provided by Rule L1915.15(c).

CRITICALCivil cases

Applies to

De novo arbitration appeal

A de novo appeal requires filing an affidavit of appeal and recognizance, as well as repayment of the arbitration board's compensation.

A de novo appeal shall be allowed as a matter of course upon the filing of the affidavit of appeal and recognizance, and upon the aforesaid repayment of the compensation paid to the board of arbitration.

CRITICALCivil cases

Applies to

Petition for leave to settle or compromise minors action

The petition must include a dated physician's report describing the minor's present condition.

Attached hereto is a report by Dr._________ dated _______ which sets forth the present condition of the minor.

CRITICALCivil cases

Applies to

Arbitration report and award

The arbitration report and award must be signed by at least a majority of the board.

(a) After the case has been heard, the arbitrators shall prepare a report and award, which shall be signed by at least a majority of the board.

CRITICALCivil cases

Applies to

Settlement approval petition

Must include

proposed order

(b) Contents of petition. The petition shall be substantially in the form set forth hereunder, and shall: (1) set forth the date of birth and social security number of the minor plaintiff or incapacitated person, the names and addresses of the minor's parents, the name of the plaintiff's guardian and the appointing court, the address of the plaintiff, and a factual recitation of the salient facts which form the bases of the cause of action; (2) state the terms of the settlement, including the specific provisions of any annuity, if applicable, including the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, periodic and lump sum payments, and otherwise comply with Pa. R.C.P. 2039 and 2064; (3) state whether a lien or claim has been raised on behalf of any medical supplier, including the Department of Public Welfare; (4) contain or be accompanied by the following: (a) a written report of a physician setting forth the present condition of the minor or incapacitated person; (b) a statement under oath by the guardian and, if appropriate, the parent(s), certifying (i) the present physical or mental condition of the minor or incapacitated person, and (ii) approval of the proposed settlement and distribution thereof; (c) a statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion; and (d) if there is to be an allocation between parents and children or incapacitated persons, or among children or other parties, the amounts allocated to each party and the specific reasons for such allocation must be set forth. In the event more than one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each plaintiff is to receive and shall provide justification for the requested allocation; (e) in the event that a minor is sixteen (16) years of age or older, his or her written approval of the proposed settlement and distribution thereof. (f) a proposed Order. (g) Opinion of Guardian. When the minor or incapacitated person is represented by a guardian ad litem, the guardian ad litem shall submit a statement concerning his/her opinion as to the reasonableness of the proposed settlement and requested allocation of the gross settlement proceeds.

(b) Contents of petition. The petition shall be substantially in the form set forth hereunder, and shall: (1) set forth the date of birth and social security number of the minor plaintiff or incapacitated person, the names and addresses of the minor's parents, the name of the plaintiff's guardian and the appointing court, the address of the plaintiff, and a factual recitation of the salient facts which form the bases of the cause of action; (2) state the terms of the settlement, including the specific provisions of any annuity, if applicable, including the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, periodic and lump sum payments, and otherwise comply with Pa. R.C.P. 2039 and 2064; (3) state whether a lien or claim has been raised on behalf of any medical supplier, including the Department of Public Welfare; (4) contain or be accompanied by the following: (a) a written report of a physician setting forth the present condition of the minor or incapacitated person; (b) a statement under oath by the guardian and, if appropriate, the parent(s), certifying (i) the present physical or mental condition of the minor or incapacitated person, and (ii) approval of the proposed settlement and distribution thereof; (c) a statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion; and (d) if there is to be an allocation between parents and children or incapacitated persons, or among children or other parties, the amounts allocated to each party and the specific reasons for such allocation must be set forth. In the event more than one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each plaintiff is to receive and shall provide justification for the requested allocation; (e) in the event that a minor is sixteen (16) years of age or older, his or her written approval of the proposed settlement and distribution thereof. (f) a proposed Order. (g) Opinion of Guardian. When the minor or incapacitated person is represented by a guardian ad litem, the guardian ad litem shall submit a statement concerning his/her opinion as to the reasonableness of the proposed settlement and requested allocation of the gross settlement proceeds.

CRITICALCivil cases

Applies to

Exception

A party filing exceptions must immediately submit a motion for argument on the exceptions to the Domestic Relations Department.

Any party filing exceptions shall immediately submit to the Domestic Relations Department a motion for argument on the exceptions.

CRITICALCivil cases

Applies to

Written waiver

A parent's waiver must be in writing and waive both the right to hearing notice and the right to appear.

Any waiver by a parent of the right to notice of hearing shall be in writing and shall include both a waiver of the right to notice of hearing and a waiver of the right to appear at the hearing.

CRITICALCivil cases

Applies to

Motion to delay arbitration

An objection seeking delay in appointing arbitrators must identify the matters requiring preliminary resolution and propose a timetable for completing them.

The objection shall specifically indicate the matters that must be preliminarily resolved and shall propose a timetable for their completion.

CRITICALCivil cases

Applies to

Appraisal

An appraisal must certify that the appraiser’s fee is not contingent on the appeal’s result.

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

CRITICALCivil cases

Applies to

Petition

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

A petition by a trustee to sell real property at public sale, under PEF Code §7792 shall also set forth in separate paragraphs: (1) How title was acquired, starting with the date and place of probate of the Will or recording of the deed. (2) A recital of the relevant provision of the Will or deed pertaining to the real property to be sold, and the history of the trust. (3) The names and relationships of all interested parties; a brief description of their respective interest; whether any of them are minors, adjudicated incapacitated, or deceased, and if so, the names and record of appointment of their fiduciaries, if any. (4) A full description of the real property to be sold, the improvements thereon, by whom it is occupied, its rental value, if applicable, and current common level ratio value. (5) That the Trustee is not otherwise authorized to sell by the PEF Code or is denied the power by the truest instrument or that it is advisable that the sale have the effect of a judicial sale, state the reason. (6) Sufficient facts to enable the Court to determine that the proposed sale is for the best interests of the Trust.

CRITICALCivil cases

Applies to

Summary judgment motion

A motion for summary judgment and its supporting brief must be filed with the Prothonotary and include a proposed scheduling order.

A motion for summary judgment and a brief in support thereof shall be filed with the Prothonotary and shall include a proposed scheduling order.

CRITICALCivil cases

Applies to

Bill of costs

A bill of costs must identify witnesses and their attendance and mileage, include the required affidavit, and include applicable notices or subpoenas and receipts for claimed disbursements.

A bill of costs must contain the names of the witnesses, the date of their attendance, the number of miles actually traveled by them, and the place from which mileage is claimed. The bill shall be verified by the affidavit of the party filing it or his agent or attorney that the witnesses named were actually present in court, and that, in the attorney's opinion they were material witnesses. Where the service of a notice to appear, produce, or a subpoena was necessary, to compel the appearance of a witness or the production of evidence, such notice or subpoena, showing the time, place, and cost of service thereof, shall be filed with the bill. Any receipts for disbursements made for necessary exemplification of records, or in taking depositions in the case, or for other costs recoverable by law or rule of court, shall be filed with the bill.

CRITICALCivil cases

Applies to

Petition

A petition to extend the time for a surviving spouse’s election must be in paragraph form and allege the facts justifying the extension.

A petition for extension of time in which the surviving spouse may file an election to take against the Will or other conveyances shall be in paragraph form alleging facts relied upon to justify the extension.

CRITICALCivil cases

Applies to

Attorney list

The Pennsylvania Office of Attorney General must provide the Court a list of its attorneys appearing in active civil cases in Forest and Warren County, with each attorney’s Pennsylvania Bar ID number.

It is further ORDERED and DECREED that the Pennsylvania Office of Attorney General provide the Court with a list of their attorneys who have entered their appearance in an active civil case in Forest and Warren County along with their Pennsylvania Bar ID numbers.

CRITICALCivil cases

Applies to

Compliance affidavit

Counsel must file an affidavit certifying compliance with the final order and submit photocopied proof of deposit.

(d) Proof of Deposit and Compliance with Court Order. Within sixty (60) days of the entry of a final order, counsel shall file an affidavit with the Prothonotary substantially in the form set forth hereunder, certifying compliance with the court order and shall submit proof of deposit in the form of a photocopy of the restricted certificate of deposit or bankbook. The affidavit shall be substantially in the form set forth hereunder.

CRITICALCivil cases

Applies to

Petition

A petition requesting a hearing must state the estimated hearing time and the name of the judge who heard any prior matter in the case.

When the petition requests a hearing it shall contain: (1) an estimate of the total amount of time the hearing will take and (2) the name of the judge who heard any prior matter in the case.

CRITICALCriminal cases

Applies to

Uncontested motion

An uncontested motion must state that all parties consent or that it seeks only a hearing or argument date.

(a) Uncontested Motions. An uncontested motion shall include a statement that all parties or their counsel of record have consented to the motion or that the only relief sought by the motion is a hearing or argument date.

CRITICALCivil cases

Applies to

Surety affidavit and bond

The affidavits and bond must be filed with the Clerk for approval.

The affidavits and bond shall be filed for approval by the Clerk.

CRITICALCivil cases

Applies to

Exceptions

Exceptions must identify the specific error and grounds, address one issue per paragraph, and include supporting details from the record when alleging a failure to find a fact; general, vague, or argumentative exceptions will not be considered.

(e) Exceptions filed must point specifically to the error of fact or law complained of and state clearly the grounds for the objections thereto in separate paragraph form, with one issue raise in each paragraph. General, vague, or argumentative exceptions will not be considered. Where the exception is of the nature that the official failed to find a fact, the exception shall state the nature of the fact the official should have found and shall give reason to support it from the record and shall specifically identify the fact not found in the record.

CRITICALCriminal cases

Applies to

Application

The application must be completed in full; unanswered questions may cause it to be returned, and inapplicable questions must be answered “N/A.”

1. The application must be completed in full. The application will be returned if any question is unanswered. If a question does not apply to you or your circumstances, then answer the question with N/A.

CRITICAL

Applies to

Transcript request

Transcript requests must be filed with the Court Administrator on a standardized form.

All requests for transcripts shall be filed on a standardized form with the Court Administrator.

CRITICALCivil cases

Applies to

Point for charge

Each point for charge must be supported by case citations or a statute reference.

Each point shall be supported by a citation of case or cases to support it or to a statute reference.

CRITICALCivil cases

Applies to

Petition for leave to settle or compromise minors action

The petition must include a copy of the order concerning the minor's guardian.

A copy of the order is attached.

CRITICAL

Applies to

Deposition

Original depositions presented at trial remain with the proponent, who must simultaneously submit copies as an exhibit.

(2) Original depositions presented at trial shall remain in the proponent’s possession. The proponent shall simultaneously submit copies of depositions as an exhibit.

CRITICALCivil cases

Applies to

Motion

A motion presented as uncontested must include either written consent from opposing counsel and unrepresented parties or a certification that they were contacted and do not contest it.

If the moving party intends to present the motion as uncontested, the motion shall include a written consent by opposing counsel and any unrepresented parties or the motion shall include a certification that the moving party has been in contact with opposing counsel and any unrepresented parties and that opposing counsel and any unrepresented parties do not contest the motion.

CRITICALCivil cases

Applies to

Petition

Written consent from all interested parties and the surviving or successor fiduciary must be attached to the petition, either separately or in a satisfaction of award attached to it.

Written consent of all interested parties and of the surviving or successor fiduciary, shall be attached to the petition. Such consent may be included in a satisfaction of award attached to the petition.

CRITICALCivil cases

Applies to

Motion

A motion requesting a hearing must state the estimated hearing time, identify the judge who heard any prior matter in the case, and include a proposed scheduling order.

When the motion requests a hearing it shall contain: (1) an estimate of the total amount of time the hearing will take and (2) the name of the judge who heard any prior matter in the case and (3) a proposed scheduling order.

CRITICALCivil cases

Applies to

Motion

Must include

caption, proposed order, certificate of service

Each motion must be signed and include the case caption, motion description, reasons, requested relief, certificate of service, and proposed order.

All motions and reasons therefore, shall be typewritten or printed, signed by a party or counsel of record and shall contain the caption of the case, a description of the motion, the reasons therefore, the relief requested, a certificate of service, and a proposed order.

CRITICALCriminal cases

Applies to

Administrative order

The District Court Administrator must send two certified copies and one disk copy of the Administrative Order to the Legislative Reference Bureau for publication.

- (b) Distribute two (2) certified copies hereof and one (1) disk copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin,

WARNINGCivil cases

Applies to

Stay of execution request

A request to stay execution while a petition to open a default judgment is pending must proceed under motion procedure, not petition procedure.

A request for a stay of execution pending disposition of a petition to open a default judgment is governed by motion procedure, not petition procedure. See Rule L208.3(a).

WARNINGCivil cases

Applies to

Additional bond

The surety on an additional bond must be the same as on the original bond unless cause is shown.

(b) Surety on Additional Bond. The surety on any additional bond, except for cause shown, shall be the same as on the original bond.

WARNINGCivil cases

Applies to

Cover sheet

Cover sheets must comply with Pennsylvania Rule of Civil Procedure 205.5 as applicable.

Cover sheets shall comply with Pa R.C.P. 205.5 as applicable.

WARNINGCivil cases

Applies to

Affidavit

The affidavit includes a verification that its statements are subject to the penalties for unsworn falsification to authorities.

I verify that the statements in this affidavit are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

WARNING

Applies to

Grievance form

If the grievant answers yes to the preceding question, complete the agency or court information that follows.

If You Answered "Yes" to the Previous Question, Complete the Following

WARNINGCivil cases

Applies to

Official examiner report

(c) Make a written report including findings of fact, conclusions of law, and, when appropriate, recommendations for the consideration of the Court.

(c) Make a written report including findings of fact, conclusions of law, and, when appropriate, recommendations for the consideration of the Court.

WARNINGCivil cases

Applies to

Counsel appointment petition

A petition filed through motions practice and in the form of Exhibit L240 may lead the Court to appoint counsel for an indigent in a civil action where substantial rights may be deprived.

Upon petition filed with the Court pursuant to motions practice, the Court may assign counsel to represent indigents in civil actions where deprivation of substantial rights may occur. The petition for the assignment of counsel in a civil action shall be in the form set forth on Exhibit L240 of these rules.

WARNINGCivil cases

Applies to

Point for charge

Points for charge must not repeat the same point using different wording.

Each point for charge shall not be repetitious by structuring the same point with different words.

WARNINGCivil cases

Applies to

Return of sale

If no objection is filed, the Court may confirm the sale upon submission of a return of sale.

(b) Confirmation. If no objection is filed, the Court may enter a decree confirming the sale upon submission of a return of sale.

WARNING

Applies to

Reasonable accommodation request form

To request a reasonable accommodation, complete the Appendix A form and return it to the Court Administrator.

To request a reasonable accommodation, please complete the Request for Reasonable Accommodation Form (Appendix A) and return it to: Court Administrator 204 Fourth Avenue Warren, PA 16365 Phone: (814) 728-3530 Fax: (814) 728-3452 Email: lcritzer@warren-county.net

WARNINGCivil cases

Applies to

Deficient filing

An individual who chooses self-representation or does not qualify for free counsel must bring the deficient filing into compliance or risk prejudice to their rights or claim.

IF YOU DESIRE TO REPRESENT YOURSELF OR DO NOT QUALIFY FOR FREE COUNSEL YOU ARE INSTRUCTED THAT YOU MUST BRING YOUR FILING INTO COMPLIANCE WITH THE LAW, RULE OF COURT OR FEE SCHEDULE YOU HAVE VIOLATED OR YOUR RIGHTS OR CLAIM MAY BE PREJUDICED.

WARNINGCriminal cases

Applies to

Written appearance

Signing Form L502, waiving arraignment, endorsing an information, or making an appointment under Pa.R.Crim.P. 122 constitutes a written appearance.

The signing of a Criminal Case Scheduling Form (Form L502) or waiver of arraignment by defense counsel or representative or the endorsement of an information or appointment pursuant to Pa.R.Crim.P. 122 shall constitute a written appearance.

WARNINGCivil cases

Applies to

Exception

Exceptions must not include discussion of the claims made.

Exceptions shall contain no discussion of the claims made.

WARNINGCivil cases

Applies to

Petition for appointment of counsel

The petitioner agrees to inform the Court and appointed counsel of financial improvements that may enable payment of attorney's fees.

8. I agree that I have a continuing obligation to inform the Court and my court appointed counsel of any improvement in my financial circumstances which then may enable me to pay attorney's fees.

WARNINGCivil cases

Applies to

Appraisal

An appraisal is necessary unless the Court specifically excuses it, subject to the stated exemptions for certain assets.

In all other cases, an appraisal shall be necessary, unless specifically excused by the Court.

WARNINGCriminal cases

Applies to

Waiver of courtroom appearance

A defendant may consent to an audiovisual proceeding by signing, or authorizing counsel to sign, a Waiver of Courtroom Appearance substantially consistent with Form L119, before or at the time of the proceeding.

(a) A defendant may consent to a proceeding being conducted using two-way simultaneous audio-visual communication by signing or authorizing his/her counsel of record to sign a Waiver of Courtroom Appearance in a form substantially consistent with Form L119 of these rules prior to or at the time of a two-way simultaneous audio-visual communication.

WARNINGCivil cases

Applies to

Private sale petition

The private-sale petition must include affidavits in the form required by Pa. O.C. Rule 5.10(b), unless the Court orders otherwise.

(c) Affidavits in the form required by Pa. O.C. Rule 5.10(b), unless otherwise ordered by the Court.

INFOCivil cases

Applies to

Appraisal

The rule does not require simultaneous exchanges; the entity filing the appeal should bear the initial expense and burden of producing an appraisal.

This rule specifically does not require simultaneous exchange of information; instead the entity filing an appeal should bear the initial expense and burden of producing an appraisal.

INFO

Applies to

Complaint

Persons with disabilities may request an alternative means of filing a complaint.

Alternative means of filing complaints will be made available for persons with disabilities upon request.

INFOCivil cases

Applies to

Post trial motion

The Court may decide a post-trial motion without the transcript if counsel and the Court agree.

Upon agreement of counsel and the Court, the Court may dispose of the motion without the transcript.