Franklin County Court of Common Pleas Document Filing Requirements

CRITICALCivil cases

Applies to

Exception

An exception identifying an erroneous finding must identify the finding that should have been made and supporting evidence or testimony.

A. Identify the erroneous finding; B. State specifically the finding which should have been made by the Support Master; and C. Identify any documents in evidence which support, or any witnesses whose testimony supports the finding which should have been made by the Support Master.

CRITICALCivil cases

Applies to

Answer

Except for motions uncontested by their terms, each responding party must file an answer containing supporting authority or accompanied by a brief at filing.

Except for those Motions which are uncontested by their terms, each responding party shall file an Answer which shall contain supporting authority for the relief sought or which shall be accompanied by a brief at the time of filing.

CRITICALCivil cases

Applies to

Petition or separate affidavit

The petitioner must state in the petition or a separate affidavit why a hearing may be required, including whether available insurance limits are being offered in settlement.

In a petition for Court approval of settlement or by separate affidavit, a petitioner shall set forth the reasons why a hearing may be required on the petition. Such reasons shall include, but are not limited to, information as to whether or not the available limit of insurance coverage is being offered in settlement.

CRITICAL

Applies to

Complaint

The Complaint must state whether the Moving Party knows if the Non-Moving Party is represented and, if so, identify that counsel.

(ii) An averment as to the Moving Party's knowledge of the Non-Moving Party's representation or non-representation by counsel, and if represented, an averment as to the Non-Moving Party's counsel's name;

CRITICALCivil cases

Applies to

Petition

Each petition must be accompanied by a verification or affidavit verifying its factual statements.

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

CRITICAL

Applies to

Moving party brief

The moving party’s brief must include the listed statements, argument, conclusion, and pertinent supporting materials or references.

The brief of the moving party shall contain: 1. A statement noting whether or not oral argument is requested. 2. A procedural history of the case. 3. A statement of facts relevant to the issue for disposition. 4. A statement of the question or questions presented. 5. Argument with citations of the authority relief upon. 6. Conclusion. 7. A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation or order.

CRITICALCivil cases

Applies to

Praecipe

A cause of action must be listed for trial by filing a Praecipe with the Prothonotary.

A cause of action shall be listed for trial by filing a Praecipe in the office of the Prothonotary

CRITICAL

Applies to

Exhibit

For an exhibit containing confidential information or documents, the Proponent must complete the appropriate form and give it to the Index-maintaining Court designee when the evidence is introduced.

In all Court Proceedings, the Proponent shall include a properly completed Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the Proponent to the Court designee maintaining the Index of Exhibits at the time evidence is introduced.

CRITICAL

Applies to

Appointment notice

The appointment notice must state whether the non-moving party has completed discovery or needs further discovery.

Said notice shall inform the non-moving party of his/her completion of discovery or, in alternative, his/her need for further discovery.

CRITICAL

Applies to

Conciliation memorandum

A memorandum must be furnished to the Conciliator at least three days before the Conciliation Conference.

A memorandum shall be furnished to the Conciliator at least three (3) days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(e)(5).

CRITICAL

Applies to

Specially assigned hearing pre trial memorandum

For a specially assigned hearing, the memorandum must include all routine-hearing items plus legal authority for each issue and the estimated hearing length needed for both sides’ evidence and testimony.

For a specially assigned hearing, the pre-trial hearing memorandum shall contain in addition to all the items listed in Rule 39-1910.11(i)(5)(C), the following information: identification of legal authority (statutes, court cases, or rules) relating to the party’s position on each issue raised; and an indication of the length of hearing needed to present all the evidence and witnesses’ testimony for both sides of the support action.

CRITICALCivil cases

Applies to

Praecipe motion for scheduling pretrial conference

The motion form requires a statement identifying the opposing party notified and whether that party concurs with or opposes the request.

Notification of this Praecipe/ Motion has been given to ______________________ , the opposing party, who concurs with/opposes the request.

CRITICALCivil cases

Applies to

Subsequent pleading or paper

Must include

judge name

All pleadings and papers filed after the complaint must identify the assigned judge in the caption.

(i) All pleadings and papers filed subsequent to the complaint shall have the name of the judge to whom the case is assigned noted in the caption.

CRITICAL

Applies to

Complaint

The proposed custody arrangement must be stated as a paragraph in the Complaint.

(iv) The language of the proposed custody arrangement shall be stated as a paragraph of the Complaint;

CRITICALCivil cases

Applies to

Exceptions

Each exception concerning child support, spousal support, or alimony pendent lite must state its factual or legal-error ground specifically and concisely.

Each Exception to the Master's Report regarding child support, spousal support, or alimony pendent lite shall be set forth specifically and concisely the ground for each exception based upon factual findings or a claim of error of law.

CRITICALCivil cases

Applies to

Agreement of reference

A referral of a case not at issue involving $50,000 or less may be made by an Agreement of Reference signed by both sides’ counsel that defines the issues, includes agreed stipulations when agreeable, replaces the pleadings, and is filed of record.

Cases which are not at issue and whether or not suit has been filed in which the amount in controversy shall be $50,000.00 or less may be referred to the Board of Arbitrators by Agreement of Reference signed by counsel for both sides in the case, which said Agreement of Reference shall define the issues involved and for determination by the Board and, when agreeable, shall also contain stipulations with respect to facts submitted or agreed upon, or defenses waived. In such cases the Agreement of Reference shall take the place of the pleadings in the case and be filed of record.

CRITICALCivil cases

Applies to

Stipulation and agreement

Any custody agreement must be submitted as a document entitled “Stipulation and Agreement,” signed by each parent and counsel of record, if any, and requesting entry of its terms as an order.

Any agreement between the parties for legal and physical custody of a minor child/ren shall be submitted to the Court in the form of a document entitled “Stipulation and Agreement,” bearing the signature of each parent, and their counsel of record, if any, and requesting the entry of the agreed upon terms as an Order of Court.

CRITICALCivil cases

Applies to

Interim order

The interim order must state that a party may file a written hearing demand within 20 days after the order is mailed.

The interim order entered following office conference pursuant to Pa.R.C.P. 1910.12(b)(1) shall state that any party may within twenty days after mailing of a copy of the order file a written demand with Domestic Relations Section for a hearing before the Support Master.

CRITICAL

Applies to

Pre trial statement

A pre-trial statement must be submitted to the standing master for the pre-trial conference.

The pre-trial statement required by Pa. R.C.P. 1920.33(b) shall be filed and delivered to the standing master seven (7) days before the pre-trial conference.

CRITICALCivil cases

Applies to

Stipulation and agreement

When no Complaint or Petition for Modification is pending, the Stipulation and Agreement must state whether any party participated in another child-custody proceeding and, if so, identify the court, case number, and nature of the proceeding.

An averment whether any party has participated as a party or witness or in any other capacity in any other proceeding concerning the legal or physical custody of the child, and, if any such actions exist, stating the presiding court, case number, and nature of such proceeding;

CRITICALCriminal cases

Applies to

Arrest warrant application

An arrest warrant application must be submitted to an issuing authority as a written allegation supported by a probable cause affidavit.

An application for an arrest warrant shall be made by submitting a written allegation supported by a probable cause affidavit with an issuing authority.

CRITICALCivil cases

Applies to

Demand for hearing

A hearing demand must use the Domestic Relations Section form, identify the issues for the Support Master, and select a routine or complex hearing.

The demand for hearing shall be in writing on a form to be provided by the Domestic Relations Section and it shall indicate issues that the party wishes the Support Master to address at the hearing. The party must select the type of hearing being requested, routine hearing or complex hearing.

CRITICAL

Applies to

Envelope label or contents document

The envelope must contain either a label or a separate document describing the device’s contents and providing the listed case, party, document, and proceeding details.

containing either a label on the envelope or a separate document within the envelope describing the device’s contents, including: i. the complete case name, ii. docket number, iii. judge assigned, iv. Proponent name and counsel name, if represented, v. creation date of original documents (if known), vi. date documents were reduced to pdf, and vii. the date of the proceeding where the exhibit(s) is intended to be offered.

CRITICALCriminal cases

Applies to

Special conditions of supervision form

The Special Conditions of Supervision Form must notify the defendant in writing of the conditions imposed and the reasons for them.

The probation/parole officer will complete the Special Conditions of Supervision Form,which notifies the defendant, in writing, of the Special Condition(s) being imposed and the reasons for imposing the conditions.

CRITICALCivil cases

Applies to

Hearing scheduling submission

Must include

proposed order

If a hearing is required, the petitioner or counsel must secure its date and time and provide the Court with a proposed order scheduling it.

In the event that a hearing is required, the petitioner or counsel for the petitioner shall be so advised. In such event, the petitioner or counsel for the petitioner shall secure a date and time for the hearing and shall provide the Court with a proposed Order scheduling hearing.

CRITICALCivil cases

Applies to

Proposed order

Must include

caption

The plaintiff must file and transmit a proposed order to the assigned judge within 60 days after service of the complaint.

In all cases to which this rule is applicable, the plaintiff shall, not later than sixty (60) days after service of the complaint upon defendant(s), file and transmit to the assigned judge a proposed order of court in substantially the following form:

CRITICAL

Applies to

Complaint

The Complaint must include the Moving Party’s Criminal Record/ Abuse History Verification as an exhibit.

(i) Moving Party’s Criminal Record/ Abuse History Verification pursuant to Pa.R.C.P. No, 1915.3-2 as an exhibit;

CRITICALCivil cases

Applies to

Stipulation and agreement

When no Complaint or Petition for Modification is pending, the Stipulation and Agreement must include the language of the Proposed Order.

The language of the Proposed Order;

CRITICALCriminal cases

Applies to

Pretrial case list

The District Attorney must prepare the list of qualifying cases and submit it to the Court Administrator for distribution to the specified recipients and other appropriate agencies.

The District Attorney will prepare a list of these cases and submit it to the Court Administrator for distribution to the assigned judge, the Franklin County Sheriff's Department, the office of the Public Defender, the Franklin County Probation Department and any other appropriate agency

CRITICALCivil cases

Applies to

Reasons for new trial

Reasons for a new trial based on after-discovered evidence must be filed with a verification stating the discovery, witnesses, expected testimony, and the party's belief that the evidence could change the verdict.

Reasons for a new trial granted on after-discovered evidence must be supported by verification, filed with the reasons, stating the after-discovery, the names of the witnesses and the substance of their expected testimony, and the party's belief in its sufficiency to change the verdict; otherwise they will be disregarded.

CRITICAL

Applies to

Pre hearing memorandum

For either hearing type, unrepresented parties and counsel for represented parties must file a pre-hearing memorandum listing the issues, expected facts, witnesses and expected testimony, anticipated exhibits, and requested outcome.

For both types of hearing, all unrepresented parties and counsel for represented parties must file a pre-hearing memorandum detailing the following information: a list of issues for the court to decide, what facts you expect to establish, a list of witnesses and the expected testimony of each witness, a list of any exhibits you expect to use, and the requested outcome.

CRITICALCivil cases

Applies to

Notice of proposed termination

The written notice must use the form following the conclusion of the rule.

The written Notice of Proposed Termination of Court Case shall be in the form following the conclusion of this Rule.

CRITICALCivil cases

Applies to

Demand for hearing

A party requesting a complex hearing must petition the court for permission using the demand-for-hearing form.

The party requesting a complex hearing must petition the court, using the demand for hearing form (mentioned above), for allowance to schedule a complex hearing.

CRITICAL

Applies to

Hearing documentary evidence

Each party must bring the listed documentary evidence to the hearing and should provide it to the DRS office when filing the memorandum if it is available.

* Each party is required to bring the following documentary evidence to the hearing and, if available, should provide the following evidence to the DRS office when this memorandum is filed: 1. a true copy of your most recent Federal Income Tax Return, including W-2’s, as filed; 2. your pay stubs for the preceding six (6) months; 3. verification of child care expenses; 4. proof of medical coverage which you may have, or may have available to you, and the cost of it; 5. income and expense statements (for guideline cases showing only income and extraordinary expenses and for Melzer v. Witsberger cases—480 A.2d 991—completing entire income and expense statement).

CRITICALCivil cases

Applies to

Appeal bond

To obtain a supersedeas, the appellant must file a bond with Prothonotary-approved surety securing rent and occupancy-related damages, or deposit rent in escrow under Rule 39-251.2.

A notice of appeal or writ of certiorari from a judgment entered by a District Justice for possession of real property shall operate as a supersedeas only if the appellant files with the Prothonotary a bond, with surety approved by the Prothonotary, conditioned for the payment of any judgment for rent and for damages growing out of occupancy of or injury to the premises rendered against the appellant on appeal, or if in lieu of such bond, rental payments becoming due during the course of said appeal are deposited in escrow as provided in Rule 39-251.2.

CRITICALCivil cases

Applies to

Pretrial statement

Each party must file a pre-trial statement containing the specified legal, damages, trial, voir dire, ADR, and technology information, along with items required by the pre-trial order.

Each party shall file a pre-trial statement that contains the items set forth in Pa.R.C.P. 212.2(a) and the following: 1. A statement of the legal theory upon which the right of recovery or defense is predicated, together with a citation of authority supporting the party's position; 2. A statement of any legal issues likely to arise at trial which will require a ruling by the Court with citation to authority supporting the party's position; 3. An itemized statement of damages to be proved at trial, and where applicable, the amount claimed for each item of damage; 4. A list of any hypothetical questions to be used; 5. The estimated length of trial; 6. A statement pursuant to Pa.R.C.P. 220.3(a) whether the party waives the physical presence of a judge during voir dire; 7. A statement pursuant to Pa.R.C.P. 220.3(f) whether the party waives the recording of voir dire; 8. A certification that alternative dispute resolution (ADR) has been previously pursued or, if not, that ADR was discussed by the parties and rejected only after good faith consideration; 9. The nature and extent of any technology to be utilized at trial; and 10. Any other item(s) required by the assigned judge as set forth in the pre-trial order.

CRITICALCivil cases

Applies to

Exception

Each exception concerning child support, spousal support, or alimony pendent lite must state its ground specifically and concisely, based on factual findings or a claimed error of law.

Each Exception to the Master’s Report regarding child support, spousal support, or alimony pendent lite shall be set forth specifically and concisely the ground for each exception based upon factual findings or a claim of error of law.

CRITICALCriminal cases

Applies to

Special conditions of supervision form

The Special Conditions of Supervision Form must be signed by the defendant and a supervising officer, a supervisor, or the Chief Adult Probation Officer.

The Special Conditions of Supervision Form must be signed by the supervising officer, a supervisor or the Chief Adult Probation Officer, in addition to the defendant.

CRITICALCivil cases

Applies to

Pretrial conference memorandum

A pre-trial conference memorandum must include the submitting attorney’s certification that mediation was pursued or discussed and rejected only after good-faith consideration.

All pre-trial conference memoranda filed in accordance with 39th Judicial District Local Rule 212.3 shall include certification by the attorney submitting same that mediation has been previously pursued or, if not, that the topic of mediation was discussed by the parties and rejected only after good faith consideration.

CRITICALCriminal cases

Applies to

Bail piece application

An application for a bail piece must be written, verified, and state sufficient reason for issuing the bail piece.

The application for bail piece under Pa. R. Crim. P. 4016(c)(3) shall be in writing and be verified and shall set forth sufficient reason why the court should order a bail piece to issue.

CRITICALCivil cases

Applies to

Petition

A petition to continue or strike a case must include certification of whether all other parties concur.

Such petition must include certification regarding concurrence or non- concurrence of all other parties as required by Local Rule 39-206.1.

CRITICAL

Applies to

Complaint or modification petition

The Complaint or modification petition must state how notice was furnished and whether it was given directly to the named party, named counsel, or by first-class U.S. mail.

The Moving Party shall allege in his/her Complaint or Petition for Modification the form and manner of furnishing notice to the Non-Moving Party and whether said notice was given directly to the named Non-Moving Party or to named legal counsel or by first class U.S. mail.

CRITICALCivil cases

Applies to

Statement of intention to proceed

The written Statement of Intention to Proceed must use the form following the conclusion of the rule.

The written Statement of Intention to Proceed shall be in the form following the conclusion of this Rule.

CRITICALCivil cases

Applies to

Publication notice

The quiet-title publication must include the notice required by Pa. R.C.P. 430(b)(1).

Insert Notice required by Pa. R.C.P. 430 (b)(1) here.

CRITICAL

Applies to

Special permission application

An application for special permission must state the reason, device or electronic medium, locations, and requested dates and times; if tied to a particular proceeding, it must include that proceeding’s caption and case number, and it must be submitted to Court Administration at the stated address; the President Judge may grant an exception and prescribe conditions.

(g) Special Permission: Notwithstanding subdivision (e), the President Judge may, upon application or upon the discretion of the President Judge, make exception to the prohibitions contained in this Rule under such circumstances and subject to such conditions as the President Judge may prescribe. (1) The application for special permission shall include the reason for the request, the type of electronic medium and/or device intended to be used, the locations at which the electronic medium and/or device is to be used, and the date(s) and time(s) for which the exception is being sought. (2) If the exception is being sought in connection with a particular judicial proceeding, the caption and case number of the proceeding shall be included in the application. (3) All applications for special permission shall be submitted to Court Administration at 14 N. Main Street, Chambersburg, PA 17201.

CRITICAL

Applies to

Alternate custodial process agreement

The parties may use an alternate custodial process only if the Hearing Officer approves it and the parties’ written agreement with the Hearing Officer is placed on the record.

Notwithstanding this subdivision, the parties may agree to an alternate custodial process if approved by the Hearing Officer, confirmed by a written agreement between the parties and the Hearing Officer, and said written agreement is placed on the record.

CRITICALCivil cases

Applies to

Proposed order

If either party engaged in past violent or abusive conduct and a risk of harm exists to the child or abused party, the Proposed Order must include the protective conditions required by 23 Pa. C. S. A. § 5323 (e).

The conditions for protection of the child or abused party as required pursuant to 23 Pa. C. S. A. § 5323 (e), if either party has engaged in past violent or abusive conduct and a risk of harm exists to the child/ren or the abused party.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition for approval must comply with Pa.R.C.P. 2064 as appropriate and include the specified facts, personal and guardian information, settlement and lien details, medical information, sworn statement, allocation information if applicable, attorney-fee materials, insurance-limit support, and a proposed order.

The petition for Court approval shall comply with Pa.R.C.P. 2064 as appropriate and shall set forth the following: (a) The salient facts which form the basis of the cause of action; (b) Date of birth, social security number and address of the incapacitated person, names and addresses of the guardian or guardian ad litem, and reference to the court, docket number and date of the court order appointing the guardian or guardian ad litem; (c) Terms of settlement, including the specific provisions of any annuity or structured settlement, the credit rating of any entity which assumes responsibility for future payments and the present cost of the annuity or structure, periodic and lump sum payments; (d) Whether a lien or claim has been raised on behalf of any medical supplier, Medicare, the Department of Public Welfare, ERISA plan or other entity; (e) Health care records and/or a written physician’s report reflecting the incapacitated person’s injuries and health care progress; (f) A statement under oath by the guardian or guardian ad litem certifying the present physical and/or mental condition, as appropriate, of the incapacitated person and approval of the proposed settlement and distribution; (g) If there is to be an allocation between parties, a statement of the amounts to be allocated to each party and specific reasons for such allocation; (h) A copy of the agreement supporting a claim for attorney fees; (i) An itemized accounting of all attorney expenses which counsel requests that the Court approve for reimbursement as part of the settlement; (j) Certification of policy limits or copy of the declaration page supporting any allegation that limits of insurance coverage are being offered; and (k) A proposed Order.

CRITICAL

Applies to

Termination order

The Prothonotary’s termination order must use the form following the conclusion of the Rule.

The Prothonotary’s termination order shall be in form following the conclusion of this Rule.

CRITICALCivil cases

Applies to

Transcript order

The party who first files exceptions must obtain an order directing transcription of the notes of testimony.

The party who first files Exceptions shall obtain an order directing that the notes of testimony be transcribed.

CRITICALCivil cases

Applies to

Exceptions

A party filing exceptions must also file a request for decision on those exceptions with the Domestic Relations Section at the same time.

A party shall, at the time exceptions are filed, also file with the Domestic Relations Section a request for decision on the party's exceptions.

CRITICALCivil cases

Applies to

Pretrial conference memorandum

A Pre-Trial Conference Memorandum must be filed of record.

A Pre-Trial Conference Memorandum shall be filed of record and a copy furnished to the Court at least five (5) days prior to the scheduled Pre-Trial Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(f)(4).

CRITICALCriminal cases

Applies to

Summons

After release under Paragraph (A), a summons rather than an arrest warrant must be issued.

Thereafter, a summons, not a warrant of arrest, shall be issued and the case shall proceed as provided in Pa. R. Crim. P. 110.

CRITICALCivil cases

Applies to

Petition for court approval

Must include

proposed order

A petition for court approval must comply with Pa.R.C.P. 2039 and include the specified case, minor, settlement, lien, medical, allocation, fee, insurance, and proposed-order information.

The Petition for Court approval shall comply with Pa.R.C.P. 2039 and shall set forth the following: (a) The salient facts which form the basis of the cause of action; (b) The date of birth, social security number and address of the minor, names and addresses of the parents and guardians of the minor, and reference to court docket number and date of any court order appointing a guardian; (c) Terms of the settlement, including the specific provisions of any annuity or structured settlement, the credit rating of any entity which assumes responsibility for future payments and the present cost of the annuity or structure, periodic and lump sum payments; (d) Whether a lien or claim has been raised on behalf of any medical supplier, Medicare, the Department of Public Welfare, ERISA plan, or other entity; (e) Health care records and/or a written physician’s report reflecting the minor’s injuries and health care progress; (f) A statement under oath by the guardian and/or the parent(s), certifying the present physical and/or mental condition, as appropriate, of the minor and approval of the proposed settlement and distribution; (g) If there is to be an allocation between parties, a statement of the amounts to be allocated to each party and specific reasons for such allocation; (h) A copy of the agreement supporting a claim for attorney fees; (i) An itemized accounting of all attorney expenses which counsel requests that the Court approve for reimbursement as part of the settlement; (j) Certification of policy limits or copy of the declaration page supporting any allegation that limits of insurance coverage are being offered; and (k) A proposed Order.

CRITICAL

Applies to

Routine hearing pre trial memorandum

For a routine hearing, the pre-trial memorandum must explain each expected issue, describe relevant facts, identify witnesses and their expected testimony, describe certain exhibits, and state the relief sought.

For a routine hearing, the pre-trial hearing memorandum shall contain the following: an explanation of each issue you expect to raise at the hearing; a description of the facts you plan to prove related to the support action; identification of witnesses and the facts to which each witness will testify; a description of exhibits other than those required by the Pennsylvania Rules of Civil Procedure; and the relief being sought.

CRITICALCivil cases

Applies to

Exceptions

An exception asserting legal error must identify the statute, rule, regulation, judicial decision, or appellate case law not applied or improperly applied.

2. Error of Law: An exception asserting that the Support Master made an error of law shall identify the statute, rule, regulation, judicial decision or appellate case law not applied or improperly applied by the Support Master.

CRITICALCriminal cases

Applies to

Notice of pretrial conference

A written pretrial-conference notice will be given to defendants who requested a jury trial and whose cases have significant trial potential.

Subsequent to the completion of the call of the list for both incarcerated defendants and defendants on bail, a written notice of the pretrial conference will be given to defendants who have requested a jury trial and whose cases have a significant potential for trial.

CRITICALCriminal cases

Applies to

Special conditions of supervision form

The completed Special Conditions of Supervision Form is sent to the Sentencing Judge for review.

The completed form will be sent to the Sentencing Judge for review.

CRITICAL

Applies to

Conciliation memorandum

Must include

proposed order

The Conciliation Memorandum must address the listed factual and legal matters, include a proposed order, and be supplemented if new information becomes available before conciliation.

At least three (3) days prior to the scheduled Conciliation Conference, each party shall furnish to the Conciliator and counsel for the opposing party, or the self-represented party individually, a Conciliation Memorandum addressing the following: (i) Factual background, including a brief history of the case; (ii) If not previously filed of record, Defendant/ Respondent must file of record and include as an exhibit a Criminal Record/ Abuse History Verification pursuant to Pa.R.C.P. No. 1915.3-2. Additionally, if a party has filed a Criminal Record/ Abuse History Verification, any necessary updates should be made at this time. (iii) Names and ages of the children; (iv) A proposed order for resolution of matters; (v) Issues, both factual and legal, for resolution; (vi) Whether a home study is requested; and (vii) Whether the parties will agree to a particular psychologist/psychiatrist for evaluation or request psychological evaluations. The parties are directed to supplement the Memorandum from time to time if new information becomes available prior to Conciliation.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

Every discovery motion must include a certificate signed by moving counsel that describes the meet-and-confer efforts and includes related correspondence.

39-208.2(e). Every motion relating to discovery shall attach a certificate, signed by counsel for the moving party, certifying that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. The attached certificate shall detail the efforts made by the moving party, detailing time, place and manner of conversations and shall include copies of any related correspondence.

CRITICALCivil cases

Applies to

Petition

References to phone calls and emails must include the date and time.

References to phone calls and emails shall include date and time.

CRITICALCivil cases

Applies to

Proposed case management order

The prescribed order directs the plaintiff to initiate discussion and the parties to make a good-faith effort to agree on a joint case management order; if they cannot agree, they must submit separate proposed orders in chambers by the stated date.

IT IS HEREBY ORDERED that the Plaintiff shall initiate discussion among all parties who shall make a good faith effort to agree upon a proposed Joint Case Management Order which shall be submitted to the assigned judge not later than . In the event that the parties cannot agree upon a proposed Joint Case Management Order, they shall submit separate proposed Case Management Orders to the assigned judge in chambers not later than the foregoing date.

CRITICAL

Applies to

Master report

Must include

proposed order

The standing master must file the record and testimony transcript with a report and recommendation in the specified format, and attach a consistent proposed order.

The standing master shall hear testimony on all issues properly before the standing master and shall file the record and a transcript of the testimony with a report and recommendation in the format set forth in Pa. R.C.P. 1920.53; and/or Pa. R.C.P. 1920.54. The standing master shall attach to the report a proposed order consistent with the recommendations.

CRITICAL

Applies to

Pre trial conference memorandum

The Pre-Trial Conference Memorandum must conform to Pa.R.C.P. 1915.4-4.

(i) At least five (5) days prior to the scheduled Pre-Trial Conference, a Pre-Trial Conference Memorandum in conformity with Pa.R.C.P. 1915.4-4 shall be filed and served.

CRITICALCivil cases

Applies to

Point for charge

Must include

caption

Each point for charge must contain the caption and point number.

39-226.1. Each point for charge shall be submitted to the Court on a separate piece of paper, 8 1/2 inches by 11 inches, double spaced containing the caption and the point number.

CRITICALCivil cases

Applies to

Praecipe

When the default is for failure to plead, the praecipe must contain proof of service of the Notice to Plead.

and when it is for default of plea, shall contain proof of service of the Notice to Plead.

CRITICAL

Applies to

Memorandum

A memorandum must be furnished to the Conciliator at least three days before the scheduled Conciliation Conference.

A memorandum shall be furnished to the Conciliator at least three (3) days prior to the scheduled Conciliation Conference pursuant to 39th Judicial District Civil Rule No. 1915.3(e)(5).

CRITICALCivil cases

Applies to

Pre trial memorandum

The Pre-Trial Memorandum must state the party’s position on each issue and indicate the hearing length needed for both sides’ evidence and testimony.

party’s position on each issue raised; and an indication of the length of hearing needed to present all the evidence and witnesses’ testimony for both sides of the support action.

CRITICALCivil cases

Applies to

Stipulation and agreement

When no Complaint or Petition for Modification is pending, the Stipulation and Agreement must have Criminal Record/Abuse History Verifications for both parties attached as exhibits.

Criminal Record/ Abuse History Verifications of both parties attached as exhibits.

CRITICAL

Applies to

Praecipe motion for scheduling pre trial conference

The party filing the scheduling praecipe or motion must provide the Prothonotary with a pre-addressed, stamped envelope for each party.

The party filing the Praecipe/ Motion for Scheduling of a Pre-Trial Conference shall provide the Prothonotary with pre-addressed, stamped envelopes for each party to the custody action.

CRITICALCivil cases

Applies to

Notice of filing

The Domestic Relations Section must advise counsel and self-represented parties of their right to file exceptions and the consequence of not filing them.

In addition, the Domestic Relations Section shall advise counsel and pro se parties of their right to file exceptions to the Report and Recommended Order and that the failure to file exceptions shall result in the Support Master's Recommended Order becoming the Order for Support.

CRITICALCivil cases

Applies to

Demand for hearing

A hearing demand must use the Domestic Relations Section form, identify the issues for the Support Master, and select a routine or complex hearing.

The demand for hearing shall be in writing on a form to be provided by the Domestic Relations Section and it shall indicate issues that the party wishes the Support Master to address at the hearing. The party must select the type of hearing being requested, routine hearing or complex hearing.

CRITICALCivil cases

Applies to

Motion

Every motion must certify whether it is contested or uncontested, or describe efforts to determine the responding party’s position; references to phone calls must include the date and time.

39-208.2(d). Every motion shall contain a certification noting whether it is contested or uncontested or, if the moving party is unable to so indicate, a description of the efforts which have been made to determine the position of the responding party. References to phone calls shall include date and time.

CRITICALCivil cases

Applies to

Pre trial memorandum

The Support Master may require a pre-trial memorandum; if required, it must include the specified information for a routine hearing and additional legal-authority and hearing-length information for a complex hearing.

2. Pre-Trial Memorandum: For either a routine or complex hearing, the Support Master may require a pre-trial memorandum to be prepared in advance of the hearing before the Support Master. A. If required by the Support Master, the Pre-Trial Memorandum shall be filed at Domestic Relations at least 7 days before the hearing. The following shall apply: 3) For a routine hearing, the pre-trial hearing memorandum shall contain the following: an explanation of each issue expected to be raised at the hearing; a description of the facts to be proven related to the support action; identification of witnesses and the facts to which each witness will testify; a description of exhibits other than those required by the Pennsylvania Rules of Civil Procedure; and the relief being sought. 4) For a complex hearing, the pre-trial hearing memorandum shall contain in addition to all the items listed above, the following information: identification of legal authority (statutes, court cases, or rules) relating to the party's position on each issue raised; and an indication of the length of hearing needed to present all the evidence and witnesses' testimony for both sides of the support action.

CRITICALCivil cases

Applies to

Answer

Must include

proposed order

Each answer must have the order sought by the answering party attached at filing.

Each Answer shall also have attached at the time of filing the order which is sought by the answering party.

CRITICALCriminal cases

Applies to

Transcript

The issuing authority must prepare a transcript when a defendant is held for court or after the stated grand-jury notice and case closure.

When a defendant is held for court, or after the issuing authority receives notice that the case will be presented to the indicting grand jury and closes out the case, the issuing authority shall prepare a transcript of the proceedings.

CRITICALCriminal cases

Applies to

On call schedule

The annual on-call schedule must be filed with the Clerk of Courts, made available for public inspection, and distributed and publicized as directed by the President Judge.

The "on-call" schedule for each year shall be filed with the Clerk of Courts and be available for public inspection, as well as distributed and publicized pursuant to the order of the President Judge.

CRITICALCivil cases

Applies to

Publication notice

Must include

caption

The publication notice must substantially follow the provided form, including the case caption, defendant names, order date, directed action and deadline, consequence of inaction, land description, required Pa.R.C.P. 1009(F) notice, and plaintiff’s attorney information.

The publication of notice shall be in substantially the following form: (Caption of Case) To_______________________________: (Name(s) of Defendant(s)) You are notified that an Order has been entered on ______(Date)_________ directing that within thirty (30) days after this publication you shall _____(set forth the action directed in the Order)_____ or be forever barred from asserting any right, lien, title or interest inconsistent with the interest or claim set forth in the plaintiff's Complaint to the land here described. (Describe Land) Insert Notice required by Pa.R.C.P. 1009(F) here. By____________________________ (Attorney for Plaintiff(s)) ______________________________ (Address of Attorney for Plaintiff(s))

CRITICALCivil cases

Applies to

Support master report

After a hearing on a petition to modify an existing support order, the Support Master's Report must contain the listed testimony summary, findings, recommendation, reasons, and calculations, including specified support details if modification is recommended.

B. Petition for Modification: In cases in which a Hearing has been held upon a Petition for Modification of an Existing Support Order, the Support Master's Report shall contain at a minimum: 1) A summary of the testimony. 2) Findings of fact. 3) A recommendation that the Petition for Modification be granted or denied. In cases in which the Master recommends that the Petition for Modification be granted, the recommendation shall include the recommended modified order of support containing the amount of support to be paid and by whom and for whom it is to be paid and the effective date of the recommended order. 4) A discussion of the reasons for the recommendation. 5) A summary of the Master's calculations.

CRITICALCriminal cases

Applies to

Transportation order

The District Attorney must prepare transportation orders for incarcerated defendants scheduled for a pretrial conference.

The District Attorney will prepare transportation Orders for all those incarcerated defendants whose cases are scheduled for conference.

CRITICALCivil cases

Applies to

Exception

Every exception must state the claimed obligor and obligee incomes, the record evidence supporting each, and the support amount that should have been ordered.

k. Exceptions; incomes and support amount: All Exceptions shall include a statement of: 1. The excepting party’s claim as to the obligor’s income available for support, together with a statement of the record evidence of the obligor’s income; 2. The excepting party’s claim as to the obligee’s income available for support, together with a statement of the record evidence of the obligee’s income; and 3. The amount of support which should have been ordered.

CRITICALCivil cases

Applies to

Motion

A motion must include a brief statement of applicable authority or be accompanied by a brief when filed.

39-208.2(c). A motion shall include a brief statement of the applicable authority, including reference to any applicable local or state rule or statute; or shall be accompanied by a brief at the time of filing.

CRITICALCivil cases

Applies to

Post order filing

The petitioner must file a certification of compliance and proof of deposit as soon as possible and no later than 60 days after entry of the final order.

As soon as possible and within sixty (60) days of entry of a final order, the petitioner shall file with the Prothonotary or Clerk of Courts, as appropriate, a certification of compliance with the court order and proof of deposit.

CRITICALCivil cases

Applies to

Guardian acknowledgment form

The Guardian Acknowledgement Form includes a verification that the information is correct and subject to penalties for unsworn falsification to authorities.

I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa.C.S. §4904 relative to unsworn falsification to authorities.

CRITICALCivil cases

Applies to

Order

in such case the Order shall include a direction to the Court Reporter for transcription thereof within a specified time.

in such case the Order shall include a direction to the Court Reporter for transcription thereof within a specified time.

CRITICAL

Applies to

Pretrial memorandum

Parties may complete the governing-legal-authority section, but it is required for parties whose hearing has been assigned a special time.

Any party may complete the following sections but for parties who have been given a specially assigned time for your hearing, the following information is required: F. Reference to governing legal authority:

CRITICALCivil cases

Applies to

Support master report

For a Complaint for Support hearing, the Support Master’s Report must include the listed testimony summary, findings, recommendation, reasons, and calculations.

A. Complaint for Support: In cases where a hearing has been held upon a Complaint for Support, the Support Master’s Report shall contain, at a minimum: 1) A summary of the testimony. 2) Findings of fact. 3) A recommendation containing the amount of support to be paid and by whom and for whom it is to be paid and the effective date of the recommended order. 4) A discussion of the reasons for the recommendation. 5) A summary of the Master's calculations.

CRITICALCivil cases

Applies to

Masters report

The Master’s report must contain a Recommended Order of Court and, for a Complaint for Support hearing, at least a testimony summary and findings of fact; it may be in narrative form.

Within 14 days following the conclusion of the Master's hearing, and 30 days in a complex case, the Master shall file and transmit to the assigned judge a report containing a Recommended Order of Court. The Master's Report may be in narrative form, but shall comply with the specific requirements of subsections (A) or (B) below. A. Complaint for Support: In cases where a hearing has been held upon a Complaint for Support, the Support Master's Report shall contain, at a minimum: 1) A summary of the testimony. 2) Findings of fact.

CRITICALCivil cases

Applies to

Exceptions

All exceptions must state the claimed obligor and obligee incomes, the record evidence for each, and the support amount that should have been ordered.

k. Exceptions; incomes and support amount: All Exceptions shall include a statement of: 1. The excepting party's claim as to the obligor's income available for support, together with a statement of the record evidence of the obligor's income; 2. The excepting party's claim as to the obligee's income available for support, together with a statement of the record evidence of the obligee's income; and 3. The amount of support which should have been ordered.

CRITICAL

Applies to

Statement of intention to proceed

The Written Statement of Intention to Proceed must use the form following the conclusion of the Rule.

The Written Statement of Intention to Proceed shall be in the form following the conclusion of this Rule.

CRITICALCivil cases

Applies to

Praecipe

A praecipe for judgment must state the nature of the default.

which Praecipe shall set forth the nature of the default

CRITICAL

Applies to

Photograph description document

The Proponent must include a separate photograph-description document containing the listed case, party, photograph, and proceeding details.

The Proponent shall also include a separate document describing the photograph(s), including: i. the complete case name, ii. docket number, iii. judge assigned, iv. Proponent name and counsel name, if represented, v. date photograph was taken, and vi. the date of the proceeding where the exhibit is intended to be offered.

CRITICALCivil cases

Applies to

Proposed order

The Proposed Order must include a relocation-obligations notice averment substantially equivalent to Sample “A” to Rule 39-1915.3.

An averment pursuant to 23 Pa. C. S. A. § 5323 (c), giving notice of the parties’ obligations under 23 Pa. C. S. A. § 5337, related to relocation, substantially equivalent to that set forth in Sample “A” to Rule 39-1915.3; and

CRITICALCivil cases

Applies to

Program registration

The parties must register within ten days after program notification using the brochure's preprinted registration form.

(3) Within ten days of the notification of the Program as provided in paragraph 1 above, the parties are required to register by using the preprinted registration form contained in the Educational Program for Divorcing Parents brochure.

CRITICALCivil cases

Applies to

Stipulation and agreement

When no Complaint or Petition for Modification is pending, the Stipulation and Agreement must include the specified jurisdictional averments, including the child’s present whereabouts and five years of residence addresses and household members.

Averments required under 23 Pa.C.S.A. Section 5429(a), to enable the Court to determine whether jurisdictional requirements have been met, including: 1. The child/ren's present address or whereabouts; 2. The child's residence address(es) for the five (5) years preceding the filing of the Stipulation and Agreement, and the names of the persons with whom the child resided during such period;

CRITICALCivil cases

Applies to

Petition

A petition requesting an order to continue or strike a case from the argument list must include certification of the other parties’ concurrence or non-concurrence.

Such petition must include certification regarding concurrence or non-concurrence of all other parties as required by Local Rule 39-206.1.

CRITICALCivil cases

Applies to

Guardian acknowledgment of duties and liabilities form

The court-appointed guardian must initial, sign, and file the Guardian Acknowledgment of Duties and Liabilities Form when the appointment decree is entered.

At the time of the entry of the decree appointing the guardian, the court-appointed guardian shall initial, sign, and file the Guardian Acknowledgment of Duties and Liabilities Form, as follows:

CRITICALCivil cases

Applies to

Complaint for alimony pendente lite

A complaint for alimony pendente lite filed with the Domestic Relations Office must aver the divorce filing date and docket number, when alimony pendente lite was raised, payment and docketing of the applicable fee, and any substantive information required by that office.

(b) A hearing on the alimony pendente lite issue shall be scheduled before a Domestic Relations hearing officer upon the filing of a complaint for alimony pendente lite at the Domestic Relations Office which contains the following averments: (1) The fact that a complaint in divorce has been filed with the prothonotary, the date of the filing and docket number assigned to the file. (2) The fact that the issue of alimony pendente lite has been raised in the complaint or in a responsive or subsequent pleading and the date alimony pendente lite was raised. (3) The fact that the fee of $20.00, or any other such fee as may be in effect at that time, for the additional count of alimony pendente lite to the divorce file was paid to the prothonotary and the date such fee was docketed. (4) Any substantive information required by the Domestic Relations Office.

CRITICALCivil cases

Applies to

Motion

A motion seeking additional interrogatories or requests for admissions must show the necessity for relief.

In the event a written stipulation cannot be agreed upon, the party seeking to submit additional interrogatories or requests for admissions shall file a motion with the court showing the necessity for relief.

CRITICALCivil cases

Applies to

Petition

Every petition must state whether it is contested or uncontested, or describe efforts to determine the responding party’s position if that status cannot be stated.

Every petition shall contain a certification noting whether it is contested or uncontested or, if the petitioning party is unable to so indicate, a description of the efforts which have been made to determine the position of the responding party.

CRITICALCivil cases

Applies to

Inventory and appraisement

The guardian must file an inventory and appraisement of the ward’s real and personal property, along with a statement of property expected to be acquired, within three months.

Within three months, file an inventory and appraisement of my ward's real and personal property, and a statement of any property that I expect to acquire thereafter. (20 Pa. C.S.A. §5142).

CRITICAL

Applies to

Complaint or petition for modification

If the proposed order maintains the status quo under a prior court order, a copy of that prior order must be attached to the complaint or petition for modification.

When the Proposed Order of Court and Directive for Conciliation simply maintains the status quo as evidenced by a prior Court Order, a copy of which must be attached to the Complaint or Petition for Modification.

CRITICALCivil cases

Applies to

Post order filing

The petitioner must file a certification of compliance and proof of deposit as soon as possible and within 60 days after entry of the final order.

As soon as possible and within sixty (60) days of entry of a final order, the petitioner shall file with the Prothonotary or Clerk of Courts, as appropriate, a certification of compliance with the court order and proof of deposit.

CRITICALCivil cases

Applies to

Deposition

Facts supporting the application must be established by a deposition taken and filed before argument on the motion.

The facts on which the application is based must be established by deposition taken and filed before Argument on the Motion.

CRITICAL

Applies to

Corporate surety certificate

A corporation seeking approval as surety must file the required, unrevoked Pennsylvania Insurance Commissioner certificate with the county Prothonotary.

No corporation shall be accepted as surety upon any bond to be approved by the Court, Prothonotary or Clerk, unless said corporation has filed in the office of the Prothonotary of the County in which the said bond is to be approved, the certificate issued by the Insurance Commissioner of Pennsylvania authorizing it to become surety on all bonds, obligations and undertakings and certifies that such certificate has not been revoked by the Insurance Commissioner.

CRITICALCivil cases

Applies to

Proof of publication

If the defendant fails to act before the advertisement period expires, the plaintiff may issue a Praecipe after filing due proof of publication of the notice.

Upon failure of defendant to take the required action before the expiration of the time set forth in the advertisement described in the preceding Rule, the plaintiff may, upon filing due proof of publication of the notice, issue to the Prothonotary a Praecipe

CRITICAL

Applies to

Criminal record abuse history verification

If not already filed, the Defendant/Respondent must file and attach the Criminal Record/Abuse History Verification; necessary updates should be made to a previously filed verification.

If not previously filed of record, Defendant/ Respondent must file of record and include as an exhibit a Criminal Record/ Abuse History Verification pursuant to Pa.R.C.P. No. 1915.3-2. Additionally, if a party has filed a Criminal Record/ Abuse History Verification, any necessary updates should be made at this time.

CRITICAL

Applies to

Written demand for hearing

An appealing party must use the attached demand form, state the reasons or issues for the hearing, and select a routine or specially assigned hearing; if no type is selected, the matter will be scheduled as a routine hearing lasting no more than 30 minutes.

An appealing party shall file a written demand for hearing using the form “Demand for Appeal Hearing,” attached as Exhibit “A.” The party filing a written demand for hearing shall indicate on the form the reasons for or issues the party wishes the court to address at the hearing. The party must select the type of hearing being requested: routine hearing or specially assigned hearing. Failure of the party to select either a routine hearing or a specially assigned hearing on the “Demand for Appeal Hearing” will result in the Domestic Relations Section scheduling the matter for a routine hearing lasting no more than 30 minutes.

CRITICALCivil cases

Applies to

Filing fee waiver request

A party unable to pay the filing fee must use the Domestic Relations Section form to seek leave of court for a waiver.

If a party is unable to pay the filing fee, the party must seek leave of court using a form to be provided by the Domestic Relations Section in order to have the fee waived.

CRITICALCivil cases

Applies to

Rental statement

When filing an appeal or certiorari, the appellant must file with the Prothonotary the attached-form rental statement containing the specified rent and payment information.

Simultaneously with the filing of the appeal or certiorari: i) the appellant shall file with the Prothonotary a statement in the form attached hereto, setting forth the rental amount, the rental period, the date rent is due, and the date and amount of the most recent rental payment;

CRITICAL

Applies to

Complaint

Must include

proposed order

The Complaint must include a Proposed Order of Court and Directive for Conciliation in a form similar to Sample Form A.

(v) A Proposed Order of Court and Directive for Conciliation in a form similar to Sample Form “A” (see Sample Form “A”)

CRITICALCivil cases

Applies to

Exceptions

The party who first files exceptions must obtain an order directing transcription of the notes of testimony.

The party who first files Exceptions shall obtain an order directing that the notes of testimony be transcribed.

CRITICALCivil cases

Applies to

Demand for hearing

A party requesting a complex hearing must petition the court for permission using the demand-for-hearing form.

The party requesting a complex hearing must petition the court, using the demand for hearing form (mentioned above), for allowance to schedule a complex hearing.

CRITICAL

Applies to

Complaint

The Complaint must state the form, time, and manner in which the Complaint and verification were furnished to the Non-Moving Party or counsel.

(iii) An averment as to the form, time and manner of furnishing a copy of the Complaint and Non-Moving Party’s Criminal Record/ Abuse History Verification to the Non-Moving Party or to legal counsel;

CRITICALCivil cases

Applies to

Guardianship certification

An individual seeking guardianship of three or more incapacitated persons must be certified and provide proof to the Court before the third guardianship appointment.

I acknowledge if I, as an individual, am seeking guardianship of three or more incapacitated persons I must be certified as provided in 20 Pa. C.S.A. §5511(f)(2)(i)-(ii) and provide proof of the certification to the Court prior to my third guardianship appointment consistent with 20 Pa. C.S.A. §5511(f)(2).

CRITICALCivil cases

Applies to

Support master report

The Support Master's Report must include the recommended support amount, payer and recipient, effective date, reasons for the recommendation, and a summary of the calculations.

3) A recommendation containing the amount of support to be paid and by whom and for whom it is to be paid and the effective date of the recommended order. 4) A discussion of the reasons for the recommendation. 5) A summary of the Master's calculations.

CRITICALCivil cases

Applies to

Proposed order

The prescribed order directs parties to begin discovery pending entry of a case management order, if they have not already done so, and requires the plaintiff to promptly serve the order on all other parties.

IT IS FURTHER ORDERED that the parties shall begin engaging in discovery pending the entry of a Case Management Order if they have not already done so; and that the Plaintiff promptly serve copies of this order upon all other parties.

CRITICALCivil cases

Applies to

Stipulation and agreement

Must include

proposed order

A proposed order for entry by the Court must accompany the Stipulation and Agreement.

The Stipulation and Agreement shall be accompanied by a Proposed Order for entry by the Court.

CRITICAL

Applies to

Media deposition

The Proponent must retain media depositions presented at trial.

Media depositions presented at trial shall be retained by the Proponent.

CRITICAL

Applies to

Document containing confidential information

A filer of a document containing confidential information must file the applicable Confidential Information Form or Confidential Document Form.

persons who file documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form (CIF) or a Confidential Document Form (CDF), as applicable, in order to comply with the Policy.

CRITICAL

Applies to

Order of court

The presiding judge must confirm the exhibit maintenance and security arrangements by court order.

the presiding judge shall confirm same per an Order of Court.

CRITICALCivil cases

Applies to

Praecipe to list case

A Praecipe to list a non-jury trial, jury trial, or arbitration must certify that mediation was pursued or received good-faith consideration by counsel and all parties.

Any Praecipe to list a case pursuant to 39th Judicial District Local Rule 39-214.1 for a Non-Jury Civil Trial, a Civil Jury Trial or Arbitration shall contain a certification that mediation was pursued or, if not, was the subject of good faith consideration by counsel and all parties.

CRITICALCivil cases

Applies to

Complaint or subsequent pleading

When alimony pendente lite is at issue in a divorce, it must be raised in the complaint or a subsequent pleading and filed with the prothonotary.

(a) When alimony pendente lite is an issue in divorce, it must be raised in the complaint or subsequent pleadings under Pa. R.C.P. 1920.12, 1920.13, 1920.14, 1920.15, et seq., and filed with the prothonotary.

CRITICAL

Applies to

Alternate custodial process agreement

The parties may use an alternate custodial process only if the Juvenile Hearing Officer approves it and the parties’ written agreement with the hearing officer is placed on the record.

may agree to an alternate custodial process if approved by the Juvenile Hearing Officer, confirmed by a written agreement between the parties and the hearing officer, and said written agreement is placed on the record.

CRITICALCriminal cases

Applies to

Order of court

If the Judge approves the special conditions, the imposing Order of Court is signed and filed with the Clerk of Courts.

If approved by the Judge, the Order of Court imposing the Special Condition(s) will be signed and filed with the Clerk of Courts.

CRITICALCivil cases

Applies to

Bill of costs

A party seeking costs must file a sworn bill stating the required witness information and showing witness attendance and the places for which mileage is claimed.

A party entitled to costs shall file his bill, verified by his oath, or by oath of his agent or attorney, that is correct of his knowledge or upon his information or belief, and that the witnesses were material and necessary, as he, in good faith, believed at the time of trial. Such bill, verified by his oath or that of his agent or attorney, shall show their attendance and places from which mileage is claimed.

CRITICALCivil cases

Applies to

Emergency order

The Magisterial District Judge must immediately certify the Emergency Order and supporting documentation to the Franklin County Court of Common Pleas.

If an Emergency Order is granted by the on-call Magisterial District Judge, the Magisterial District Judge shall immediately certify the Emergency Order and any documentation in support thereof to the Franklin County Court of Common Pleas and forward the Emergency Order to law enforcement for service on the Defendant.

CRITICAL

Applies to

Brief

A brief longer than 10 pages must contain an index and a table of citations to cases and statutes with page references.

The brief of each party, if more than 10 pages in length, shall contain an index and a table of citations of cases and statutes therein, with references to the pages at which they appear in the brief.

CRITICAL

Applies to

Pre hearing memorandum

For a specially assigned hearing, the pre-hearing memorandum must also cite governing legal authority and state the anticipated hearing length.

In addition, for specially assigned hearings, all unrepresented parties and counsel for represented parties must also include in their pre-hearing memoranda a reference to governing legal authority and the anticipated length of the hearing.

CRITICALCivil cases

Applies to

Guardian acknowledgment form

The fully executed Guardian Acknowledgement Form must be filed with the Orphans’ Court at the time of appointment.

I further acknowledge this fully executed Guardian Acknowledgement Form shall be filed with the Orphans’ Court at the time of appointment.

CRITICALCivil cases

Applies to

Notice of proposed termination

The notice must identify the matter, give the proposed termination date, and explain how to avoid termination.

The Notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination.

CRITICALCivil cases

Applies to

Praecipe motion for scheduling pretrial conference

The motion form includes a statement that the Conciliator prepared and filed a Summary Report and Proposed Order, with the filing date.

A Summary Report and Proposed Order of Court was prepared by the Conciliator and filed of record on _________________, ___, 20___ .

CRITICALCivil cases

Applies to

Pre trial memorandum

A routine-hearing memorandum must explain the expected issues, facts to be proved, witnesses and their testimony, non-rule-required exhibits, and requested relief.

For a routine hearing, the pre-trial hearing memorandum shall contain the following: an explanation of each issue expected to be raised at the hearing; a description of the facts to be proven related to the support action; identification of witnesses and the facts to which each witness will testify; a description of exhibits other than those required by the Pennsylvania Rules of Civil Procedure; and the relief being sought.

CRITICAL

Applies to

Praecipe motion for scheduling pre trial conference

Must include

proposed order

After applicable studies and evaluations are complete and the order approving the Conciliator’s report is entered, either party may file a scheduling praecipe or motion with a proposed pretrial conference order.

Upon the completion of home studies and psychological evaluations (if applicable), and at any time after the entry of the Order of Court approving the Conciliator's Summary Report, either party may file a Praecipe/ Motion for Scheduling of a Pre-Trial Conference and Proposed Order of Court for a Pre-Trial Conference. (See, Sample Forms ''B'' and “C”).

CRITICALCivil cases

Applies to

Proposed hearing order

Must include

proposed order

If a hearing is required, the petitioner or counsel must secure its date and time and provide the Court with a proposed order scheduling it.

In the event that a hearing is required, the petitioner or counsel for the petitioner shall be so advised. In such event, the petitioner or counsel shall secure a date and time for a hearing and shall provide the Court with a proposed order scheduling hearing.

CRITICALCivil cases

Applies to

Support master report

For a Petition for Modification hearing, the Support Master’s Report must include the listed testimony summary, findings, recommendation, reasons, and calculations, with specified support-order details if modification is recommended.

B. Petition for Modification: In cases in which a Hearing has been held upon a Petition for Modification of an Existing Support Order, the Support Master’s Report shall contain at a minimum: 1) A summary of the testimony. 2) Findings of fact. 3) A recommendation that the Petition for Modification be granted or denied. In cases in which the Master recommends that the Petition for Modification be granted, the recommendation shall include the recommended modified order of support containing the amount of support to be paid and by whom and for whom it is to be paid and the effective date of the recommended order. 4) A discussion of the reasons for the recommendation. 5) A summary of the Master's calculations.

CRITICALCivil cases

Applies to

Case management order

The plaintiff must initiate discussion, and the parties must make a good-faith effort to submit a joint proposed Case Management Order by the specified date; if they cannot agree, they must submit separate proposals in chambers by that date.

IT IS HEREBY ORDERED that the Plaintiff shall initiate discussion among all parties who shall make a good faith effort to agree upon a proposed Joint Case Management Order which shall be submitted to the assigned judge not later than . In the event that the parties cannot agree upon a proposed Joint Case Management Order, they shall submit separate proposed Case Management Orders to the assigned judge in chambers not later than the foregoing date.

CRITICALCivil cases

Applies to

Praecipe motion for scheduling pretrial conference

The motion form requires a certification that all court-ordered directives have been complied with and the matter is ready for a hearing.

The undersigned hereby certifies that all Court-ordered directives have been complied with and the matter is now ready for a hearing.

CRITICALCivil cases

Applies to

Praecipe

Must include

caption

A Praecipe issued to the Prothonotary must substantially follow the provided form, including the case caption, requested docket and decree notation, transmission instruction, and plaintiff’s attorney signature.

issue to the Prothonotary a Praecipe in substantially the following form: (Caption of Case) Sir: Enter note on appearance docket and on Decree showing failure of defendant(s) to take action directed in the last advertisement within the time therein limited; transmit the Recorder of Deeds a certified copy of the Decree containing the notation above described. ______________________________ (Attorney for Plaintiff(s))

CRITICALCivil cases

Applies to

Wrongful death notice

The wrongful-death notice must identify the action, name the decedent, and state the Court, term, and action number.

that an action has been instituted for wrongful death, naming the decedent and stating the Court, term and number of action.

CRITICALCivil cases

Applies to

List of panels and arbitration dates

The Court Administrator must submit the panels-and-dates list to the Court by the second Monday of each October.

The Court Administrator shall submit the list of panels and arbitration dates to the Court not later than the second Monday of each October for the entry by the Court of an order confirming the same.

CRITICAL

Applies to

Complaint

The Complaint must identify the relief sought, specify the requested legal and physical custody terms, and state their factual basis.

The Complaint shall specifically designate the relief sought by the party who filed the pleading and include specific terms of legal custody (sole or shared) and physical custody (sole, primary, partial, shared, or supervised) sought by the Moving Party as well as the factual basis therefore.

CRITICALCivil cases

Applies to

Service copy of complaint

Must include

judge name

Each service copy of the complaint must identify the assigned judge in its caption.

The name of the judge to whom the case is assigned shall be noted in the caption of each service copy of the complaint.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Counsel must prepare the proper order sought on a motion and attach it when filing the motion.

(iv) The proper order to be made by the court upon a motion shall be prepared by counsel and attached to the motion at the time of filing.

CRITICAL

Applies to

Media deposition exhibit

The Proponent must submit either a portable-media copy or a transcript of a media deposition as an exhibit, subject to subdivision (c).

The Proponent shall submit either a copy of the media deposition on a portable media device or a transcript of the media deposition as an exhibit provided it complies with subdivision (c) of this Rule.

CRITICAL

Applies to

Notice of proposed termination

The notice must use the Court-developed form and identify the matter, proposed termination date, and procedure to avoid termination.

The Notice of Proposed Termination of Court Case shall be on a form developed by the Court consistent with Pa. R.J.A. 1901(c)(3). The Notice shall contain a brief identification of the matter to be terminated, the date of the proposed termination, and the procedure to avoid termination consistent with Pa. R.J.A. 1901(c)(1). The Notice shall be in the form following the conclusion of this Rule.

CRITICALCivil cases

Applies to

Proposed order

The Proposed Order must state the agreement’s terms concerning both legal and physical custody of the child or children.

The terms of the agreement, as to both legal and physical custody of the subject child/ren;

CRITICAL

Applies to

Proposed order

The proposed pretrial conference order must require the parties to attend and successfully complete the Court-designated parent education program.

The Proposed Order of Court for a Pre-Trial Conference shall contain language requiring the parties to the proceeding to attend and successfully complete a parent education program designated by the Court.

CRITICAL

Applies to

Proposed order

If the proposed order amends the order and directive signed at presentation, it must state that it becomes final and appealable 181 days after the complaint or petition is filed and give the exact final date.

If the Proposed Order of Court amends the Order of Court and Directive for Conciliation signed at presentation, the Proposed Order of Court shall also include a provision stating that the order will become a final appealable order of court one hundred eighty-one (181) days after the date of filing of the complaint/petition and shall include the exact date that the order will become final.

CRITICALCivil cases

Applies to

Publication notice

The ejectment publication notice for an action commenced by writ must include the notice required by Pa. R.C.P. 430(b)(1).

Insert Notice required by Pa. R.C.P. 430(b)(1) here.

CRITICALCivil cases

Applies to

Praecipe motion for scheduling pretrial conference

The motion form includes a statement that a Conciliation Conference was held and its date.

A Conciliation Conference in the above-captioned matter was held on ______ .

CRITICALCivil cases

Applies to

Praecipe motion for scheduling pretrial conference

The motion form includes a statement that an Order of Court containing further directives was signed and its date.

An Order of Court was signed on ______ containing further directives in this matter.

CRITICALCivil cases

Applies to

Complaint for alimony pendente lite

A true and attested copy of the complaint or other pleading raising alimony pendente lite must be attached to the complaint filed with the Domestic Relations Office.

(c) A true and attested copy from the Prothonotary's office of the complaint or other pleading in which alimony pendente lite was raised must be attached to the complaint for alimony pendente lite filed with the Domestic Relations Office.

CRITICAL

Applies to

Pre trial conference memorandum

The memorandum must include a brief summary of the anticipated testimony of each listed witness, in addition to the information required by Pa.R.C.P. 1915.4-4.

(ii) In addition to the information required by Pa.R.C.P. 1915.4-4, the Pre-Trial Conference Memorandum shall contain a brief summary containing the anticipated testimony of each listed witness.

CRITICAL

Applies to

Pretrial memorandum

Parties may provide an estimated hearing length, but parties whose hearing has been assigned a special time are required to provide their best estimate.

Any party may complete the following sections but for parties who have been given a specially assigned time for your hearing, the following information is required: F. Reference to governing legal authority: G. For scheduling purposes, please give your best estimate of the amount of time the Court will need to hear your case: (check one): thirty (30) minutes or less 45 minutes one hour 1 ½ hours two hours 3 hours or more

CRITICALCivil cases

Applies to

Divorce complaint

When filing a divorce complaint, the moving party must also file a vital statistics sheet, two addressed envelopes, and a separate statement listing the parties and children under 18.

(1) Simultaneously with the filing of the a Divorce Complaint, the moving party must file the vital statistics sheet along with two addressed envelopes for both parties who will then be notified by the Court establishing the program. A separate statement shall be filed with each Divorce Complaint listing the names, addresses and telephone numbers of the parties and the names and ages of all children under eighteen (18).

CRITICAL

Applies to

Order of court and directive for conciliation

After entry, the Order of Court and Directive for Conciliation must be filed with the Prothonotary.

After the Order of Court and Directive for Conciliation has been entered by the Court, the Order shall be filed with the Prothonotary and the Complaint and Order served in accordance with the Pennsylvania Rules of Civil Procedure governing the service of Custody Complaints.

CRITICAL

Applies to

Conciliator summary report

In the stated circumstances, the Conciliator’s Summary Report must include the custody status, parties’ positions, issues before the Court, and the Conciliator’s recommendation and rationale.

(iii) In the event the parties reach a partial agreement, or fail to reach any agreement to modify the existing order, the Conciliator’s Summary Report shall include the following: 1. Custody status at the time of conciliation; 2. Summary of the parties' positions; 3. Identification of legal and factual issues before the Court; and 4. The Conciliator's recommendation and rationale therefore.

CRITICALCivil cases

Applies to

Praecipe

A proper Praecipe is required for the Prothonotary to mark the appraisement confirmed absolutely when no exceptions are filed within the stated period.

If no exceptions are filed within thirty (230) days of said confirmation, upon proper Praecipe, the Prothonotary shall mark it confirmed absolutely.

CRITICAL

Applies to

Surety affidavit

When offering a noncorporate surety for approval, the party must present the surety’s affidavit at the same time, using the Prothonotary-provided form.

In all cases where a surety other than a corporation referred to in the preceding Rule is required to be approved by the Court, Prothonotary or Clerk, the party offering the surety for approval shall, at the same time, present an affidavit of the surety in the following form which shall be provided by the Prothonotary:

CRITICALCivil cases

Applies to

Petition or separate affidavit

The petitioner must state in the approval petition or a separate affidavit why a hearing may be required.

In a petition for Court approval of settlement or by separate affidavit, a petitioner shall set forth reasons why a hearing may be required on the petition.

CRITICAL

Applies to

Criminal record abuse history verification

A Criminal Record/Abuse History Verification for the party and household members must be filed with the Court.

You must file with the Court a Criminal Record/ Abuse History Verification regarding you and anyone living in your household on or before the presentation scheduled on ______________________, but no later than thirty (30) days after the date of service of the Complaint or Petition for Modification.

CRITICALCivil cases

Applies to

Exceptions

A factual exception must identify the challenged finding, state the finding that should have been made, and identify supporting evidence or witnesses.

1. Finding of Fact: An exception asserting that the Support Master made a finding of fact unsupported by the evidence of record or failed to find a fact that the evidence supports shall: A. Identify the erroneous finding; B. State specifically the finding which should have been made by the Support Master; and C. Identify any documents in evidence which support, or any witnesses whose testimony supports the finding which should have been made by the Support Master.

CRITICALCivil cases

Applies to

Exception

An exception asserting an error of law must identify the legal authority not applied or improperly applied.

2. Error of Law: An exception asserting that the Support Master made an error of law shall identify the statute, rule, regulation, judicial decision or appellate case law not applied or improperly applied by the Support Master.

CRITICAL

Applies to

Criminal record abuse history verification

A Criminal Record/Abuse History Verification for the filer and everyone living in the household must be filed by the scheduled presentation and no later than 30 days after service of the Complaint or Petition for Modification.

You must file with the Court a Criminal Record/ Abuse History Verification regarding you and anyone living in your household on or before the presentation scheduled on _________________________, but no later than thirty (30) days after the date of service of the Complaint or Petition for Modification.

CRITICAL

Applies to

Opposing party brief

The opposing party’s brief must include the moving-party brief’s required contents, except that procedural history is not required.

The brief of the opposing party shall contain everything required in the brief of the moving party except that it need not contain a procedural history of the case.

CRITICAL

Applies to

Stipulation

When all parties stipulate to the proposed order, any counsel representing a party must be identified by name and sign the stipulation.

When all parties have stipulated to the entry of a Proposed Order of Court and Directive for Conciliation, without respect to whether any party is represented by counsel. However, if counsel represents any party, they shall be so identified by name, and counsel's signature shall be required on the Stipulation.

CRITICAL

Applies to

Discovery statement

If discovery has been conducted, the parties must attach a statement identifying discovery sought and responses, discovery failures or inadequate responses, and whether the court should review discovery before the de novo hearing.

If discovery has been conducted, parties shall attach a statement of what discovery has been sought and responded to, shall identify issues related to failure to make discovery requested or failure to adequately respond, and shall suggest to the court whether the court should or should not review discovery prior to the de novo hearing.

CRITICALCivil cases

Applies to

Motion

A motion must be verified if its facts do not appear on the face of the record.

and shall be verified if the facts do not appear on the face of the record.

CRITICALCivil cases

Applies to

Stipulation and agreement

When no Complaint or Petition for Modification is pending, the Stipulation and Agreement must address whether any nonparty has physical custody of the child or claims legal or physical custody rights and, for each such person, state the person’s name and address.

An averment whether any party knows the names and addresses of any person not a party to the proceeding who has any form of physical custody of the child, or claims rights of legal or physical custody to the child, stating for any such person(s) their name(s) and address(es);

CRITICAL

Applies to

Proposed order

The proposed order must reflect any partial agreement and the stated need for studies or evaluations.

(iv) The Proposed Order of Court shall reflect the terms of any partial agreement reached and the need for home studies, psychological evaluations, or need for evaluation of either party or members of their household pursuant to 23 Pa.C.S.A. § 5329.

CRITICALCivil cases

Applies to

Guardianship report

Reports must attest to the information required by 20 Pa.C.S.A. §5521(c).

File a report at least once within the first 12 months of appointment and at least annually thereafter electronically through the Guardianship Tracking System or on forms available in the Clerk of the Orphans' Court office attesting to the information required by 20 Pa.C.S.A. §5521(c).

CRITICALCivil cases

Applies to

Stipulation and agreement

When no Complaint or Petition for Modification is pending, the Stipulation and Agreement must state whether a party knows of a proceeding that could affect the current proceeding and, if so, identify the court, case number, and nature of the proceeding.

An averment whether any party knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions, and if so, identify the court, case number, and the nature of the proceedings;

CRITICALCivil cases

Applies to

Complaint

Must include

judge name

When a complaint is filed, the Prothonotary must assign a judge and put that judge’s name in the complaint caption.

Upon the filing of a complaint, the Prothonotary shall assign the case to a specific judge and shall indicate the name of the particular judge assigned in the caption.

CRITICALCivil cases

Applies to

Proposed order

The plaintiff must submit a proposed order substantially in the form provided in the rule.

(b) In all cases to which this rule is applicable, the plaintiff shall, not later than sixty (60) days after service of the complaint upon defendant(s), file and transmit to the assigned judge a proposed order of court in substantially the following form:

CRITICALCivil cases

Applies to

Praecipe motion for scheduling pretrial conference

The motion form includes a verification that its statements are true and correct and acknowledges the stated penalties for false statements.

I verify that the statements made in this Praecipe/ Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.

CRITICALCivil cases

Applies to

Agreement of counsel

For cases involving title to real estate or more than $50,000, the Board may hear the case if both sides’ counsel agree and the agreement is filed in the case.

Cases involving title to real estate and cases involving more than $50,000.00 may be heard by the Board upon agreement of counsel for both sides filed in the case.

CRITICALCivil cases

Applies to

Praecipe

The Praecipe must certify that mediation was pursued or, if not, was given good-faith consideration by counsel and all parties.

The Praecipe shall contain a certification that mediation was pursued or, if not, was the subject of good faith consideration by counsel and all parties.

CRITICALCriminal cases

Applies to

Order of court

Special conditions added or modified after sentencing require Court approval and an appropriate order.

In the event it is necessary to add or modify > Special Conditions of probation/parole subsequent to the imposition of sentence, the conditions must be approved by the Court and an appropriate Order must be entered.

CRITICALCivil cases

Applies to

Exceptions

When filing exceptions, a party must also file a request for decision on the exceptions with the Domestic Relations Section.

l. Assignment of Judge: A party shall, at the time exceptions are filed, also file with the Domestic Relations Section a request for decision on the party’s exceptions.

CRITICALCivil cases

Applies to

Pre trial memorandum

For a complex hearing, the pre-trial hearing memorandum shall contain in addition to all the items listed above, the following information: identification of legal authority (statutes, court cases, or rules) relating to the

For a complex hearing, the pre-trial hearing memorandum shall contain in addition to all the items listed above, the following information: identification of legal authority (statutes, court cases, or rules) relating to the

CRITICAL

Applies to

Legal papers

Papers requiring service on parties not automatically served through PACFile must be filed with the Clerk of Courts and include a complete distribution legend naming each party who must receive a paper copy.

In instances where legal papers must be served upon parties not automatically served via PACFile, those legal papers must be filed with the Clerk of Courts and include a complete distribution legend listing the names of all parties required to be served with a paper copy.

CRITICALCivil cases

Applies to

Hearing scheduling

Must include

proposed order

If a hearing is required, the petitioner or counsel must secure its date and time and provide the Court with a proposed scheduling order.

In the event that a hearing is required, the petitioner or counsel for the petitioner shall be so advised. In such event, the petitioner or counsel for the petitioner shall secure a date and time for the hearing and shall provide the Court with a proposed order scheduling hearing.

CRITICAL

Applies to

Notice of non participation in pacfile

A party not using PACFile must notify the Clerk of Courts using the prescribed form and serve the completed form on the parties or their counsel and Court Administration.

Any party not utilizing PACFile shall notify the Clerk of Courts utilizing the ''Notice of Non-Participation in PACFile'' form following this Rule and shall serve a copy of the completed form to all parties and/or counsel of record, and Court Administration.

CRITICALCivil cases

Applies to

Petition or separate affidavit

The petitioner must state in the petition or a separate affidavit why a hearing may be required, including whether the available insurance limit is being offered in settlement.

39-2206.5. Hearing. In a petition for Court approval of settlement or by separate affidavit, a petitioner shall set forth reasons why a hearing may be required on the petition. Such reasons shall include, but are not limited to, information as to whether or not the available limit of insurance coverage is being offered in settlement.

CRITICAL

Applies to

Aopc confidential information form

Counsel and unrepresented parties must include confidential information relevant to the case on the approved AOPC Confidential Information Form.

Counsel and unrepresented parties must include confidential information relevant to the case on the approved AOPC Confidential Information Form.

CRITICALCivil cases

Applies to

Award

The Chairperson must append to the Award a certification of each arbitrator’s hearing time and compensation computation, which serves as a voucher for payment.

(d) The Chairperson shall certify as an appendix to the Award the respective times engaged in hearing of the case by each arbitrator with computation of the compensation, which certification shall constitute a voucher for payment of compensation to the Prothonotary who shall forthwith present the same to the County for payment;

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition for court approval must comply with Pa.R.C.P. 2206 and contain the specified facts, allocation and beneficiary information, settlement terms, lien information, fee documentation, insurance information, and a proposed order.

39-2206.3. Contents of Petition. The petition for Court approval shall comply with Pa.R.C.P. 2206 and shall set forth the following: (a) The salient facts which form the basis of the cause of action; (b) The decedent’s date of death, the name of the personal representative of the estate and county of appointment with copy of the Decree of the Registrar attached, proposed allocation as between wrongful death and survival actions, given the proposed allocation, whether there are sufficient assets in the estate to satisfy all debts, pay all creditors, and pay inheritance taxes, identity of the wrongful death beneficiaries and the amount each is to receive, statement of compliance with Pa.R.C.P. 2205, certification that notice has been given to all parties entitled to share in the proceeds of the proposed settlement, identity of any other parties who may have an interest in the decedent’s estate with a description of such interest, and written approval of the Pennsylvania Department of Revenue for allocation between wrongful death and survival actions if such approval has been sought. (c) Terms of the settlement, including the specific provisions of any annuity or structured settlement, the credit rating of any entity which assumes responsibility for future payments and the present cost of the annuity or structure, periodic and lump sum payments; (d) Whether a lien or claim has been raised on behalf of any medical supplier, Medicare, the Department of Public Welfare, ERISA plan, or other entity; (e) A copy of the agreement supporting a claim for attorney fees; (f) An itemized accounting of all attorney expenses which counsel requests that the Court approve for reimbursement as part of the settlement; (g) Certification of policy limits or copy of the declaration page supporting any allegation that limits of insurance coverage are being offered; and (h) A proposed Order.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition seeking a rule to show cause must include a Rule in the prescribed form and a proposed order granting the requested relief.

A petitioner seeking the issuance of a rule to show cause shall attach to the petition a Rule in the form designated by this rule and a proposed order granting the relief sought.

CRITICALCivil cases

Applies to

Post order filing

The petitioner must file a certification of compliance with the court order and proof of deposit with the Prothonotary or Clerk of Courts, as appropriate.

39-2206.4. Proof of Deposit and Compliance with Court Order. As soon as possible and within sixty (60) days of entry of a final order, the petitioner shall file with the Prothonotary or Clerk of Courts, as appropriate, a certification of compliance with the court order and proof of deposit.

CRITICALCivil cases

Applies to

Complaint

An action must be commenced by filing a Complaint with the Domestic Relations Section at the applicable Franklin or Fulton County office.

The action shall be commenced by filing a Complaint with the Domestic Relations Section, in Franklin County at 218 North Second Street, Chambersburg, Pennsylvania 17201 and in Fulton County at 208-R North Second Street, McConnellsburg, Pennsylvania 17233.

WARNINGCivil cases

Applies to

Praecipe

A party may list a cause for argument by filing a Praecipe directing the Prothonotary to list it.

Any party may list a cause by filing a Praecipe directing the Prothonotary to list the cause for argument.

WARNINGCivil cases

Applies to

Statement of intention to proceed

The Statement of Intention to Proceed form calls for the party's printed name, a statement of intent to proceed, a date, and a party or attorney signature.

___________________________(print name of party) intends to proceed with the above captioned matter. Date:________________ ___________________________________ Party Signature or Attorney for_________________________________

WARNINGCivil cases

Applies to

Agreement

The parties may add a cause to the argument list by written agreement at any time if briefs can still be served within Rule 39-211.7’s time requirements.

The parties may agree in writing to add a cause to the argument list at any time so long as service of briefs may be made in accordance with the time requirements of Rule 39-211.7.

WARNINGCriminal cases

Applies to

Quarterly report

The Clerk of Courts is required to submit a report identifying forfeited bonds and recognizances on deposit.

The Clerk of Courts shall file with the County Commissioners a quarterly report of forfeited bail bonds and recognizances on deposit in his office.

WARNINGCivil cases

Applies to

Disclaimer

A defendant may disclaim title and deny possession, but must do so in writing and under oath.

may disclaim title and deny possession of the whole of the land claimed in an action of Ejectment, in writing and under oath

WARNING

Applies to

Statement of intention to proceed

The Statement of Intention to Proceed form provides for a date and a party or attorney signature.

Date:_____________________ ____________________________________ Party Signature or Attorney for ____________________________________

WARNING

Applies to

Proposed order

The proposed temporary custody order should state the custody arrangements sought, with attention to the prior six months and the primary caretaker’s role.

[The appropriate language should be inserted at this point detailing the custody arrangements sought by the Plaintiff keeping in mind the emphasis to be place upon the prior six (6) months and the role of primary caretaker.

WARNING

Applies to

Pretrial memorandum

For spousal support matters, the memorandum should include the listed information about the marriage, parties’ circumstances, income, benefits, expenses, and entitlement to support.

For Spousal Support/alimony pendente lite matters, it is suggested that you state the date of marriage and the date of separation, as well as the status of any divorce action pending. State the ages and dates of birth of both wife and husband. State whether there is a marital home, who lives there and who pays the mortgage and how much. Set forth the income for the wife and husband and if either is retired, unemployed, disabled, etc. Identify any benefits that either party is receiving such as welfare, social security, worker’s compensation, unemployment compensation, etc. State whether parties are working part time or full time. Provide information about any other support obligations that either wife or husband has for child support, if known. State how much is paid for health insurance for spouse and/or children, which spouse is paying that expense and who is seeking reimbursement. List any other expenses, with amounts, as it relates to the marriage, such as private school tuition for children’s education, etc., and state who is seeking reimbursement for such expense. Include any information regarding entitlement for spousal support.

WARNINGCivil cases

Applies to

Pre trial memorandum

The Support Master may require a pre-trial memorandum before either a routine or complex hearing.

For either a routine or complex hearing, the Support Master may require a pre-trial memorandum to be prepared in advance of the hearing before the Support Master.

WARNINGCivil cases

Applies to

Demand for hearing

If the demand form does not select a hearing type, the Domestic Relations Section will schedule a routine hearing of no more than 60 minutes.

Failure of the party to select either a routine hearing or a complex hearing on the “Demand for Hearing” form will result in the Domestic Relations Section scheduling the matter for a routine hearing lasting not more than 60 minutes.

WARNINGCivil cases

Applies to

Petition

A petition pursuant to 20 Pa. C.S.A. §5511(f)(3) may be filed to seek a waiver of the certification requirement.

I understand that such certification may be waived through the filing of a petition pursuant to 20 Pa. C.S.A. §5511(f)(3).

WARNINGCivil cases

Applies to

Program completion certificate

After successful completion of the program, the Program Administrator will send the Prothonotary's Office a certificate verifying the parties' participation.

(6) Upon successful completion of the Program, the Program Administrator will provide a certificate directly to the Prothonotary's Office verifying the parties participation in the course.

WARNING

Applies to

Demand for appeal hearing

The appeal-hearing demand form directs the appellant to select a routine or specially assigned hearing; if no selection is made, DRS schedules a routine hearing of no more than 30 minutes.

Check one: Routine hearing needing not more than 30 minutes OR Specially assigned Hearing requiring minutes (Pa. R.C.P. 1910.11(j)(2) applies) Failure to select will cause the DRS to schedule the matter for a routine hearing lasting no more than 30 minutes.

WARNINGCivil cases

Applies to

Publication notice

If more than one publication is ordered, the publication notice form must be modified accordingly.

When more than one publication is ordered the form shall be modified accordingly.

WARNING

Applies to

Pretrial memorandum

C. Witnesses: I will have the following witnesses present to testify. For each witness I have included the witness’s name, address and what facts the witness will testify to (attach extra sheet if necessary).

C. Witnesses: I will have the following witnesses present to testify. For each witness I have included the witness’s name, address and what facts the witness will testify to (attach extra sheet if necessary).

WARNING

Applies to

Petition

A party may seek reinstatement of a dismissed matter by written petition under Pa. R.C.P. 230.2(d).

However, any matter terminated may be reinstated by the Court after dismissal upon written petition pursuant to Pa. R.C.P. 230.2(d).

WARNINGCivil cases

Applies to

Exceptions

Noncompliant exceptions or exceptions not briefed as ordered may be deemed waived.

Exceptions which are not in compliance with this rule or which are not briefed as ordered may be deemed to have been waived.

WARNINGCivil cases

Applies to

Traverse

A plaintiff’s traverse of the denial or possession must be under oath.

shall traverse such denial or possession under oath

WARNING

Applies to

Pretrial memorandum

If discovery has been conducted in a specially scheduled hearing, parties should attach a statement describing discovery sought and responses, identify discovery failures or inadequate responses, and recommend whether the Court should review discovery before the evidentiary hearing.

When a hearing has been assigned a special time, discovery is available in accordance with Pa.R.C.P. 4001 through 4025. If discovery has been conducted, parties should attach a statement of what discovery has been sought and responded to, should identify issues related to failure to make discovery requested or failure adequately to respond, and should suggest to the Court whether it should or should not review discovery prior to the evidentiary hearing.

WARNINGCivil cases

Applies to

Exceptions to bill of costs

A party objecting to a bill of costs may file written exceptions with the Prothonotary, who will hear and decide them.

If either party objects to a bill of costs, he may file his exceptions in writing with the Prothonotary who shall hear and determine the same;

INFO

Applies to

Pretrial memorandum

The memorandum provides a list for identifying exhibits or documents the party expects to use at the hearing.

D. Exhibits: In addition to the documents which I am required to bring to the hearing, as listed below*, I expect to use the following exhibits or documents at the hearing: 1. 4. 2. 5. 3. 6.

INFOCriminal cases

Applies to

Supplemental confidential juror information questionnaire

The Court Administrator may require completion of a supplemental confidential juror information questionnaire in addition to the standard questionnaire.

The Court Administrator is hereby authorized to require the completion of a supplemental confidential juror information questionnaire, in addition to the standard confidential juror information questionnaire mandated by Pa.R.Crim.P. 1107.

INFOCriminal cases

Applies to

Written colloquy

A written colloquy may satisfy the prerequisites of a valid guilty colloquy if it is read, completed, signed by the defendant, and made part of the plea proceedings record.

(A) In accordance with Pa. R. Crim. P. 319, the prerequisites of a valid guilty colloquy may be met by the use of a written colloquy that is read, completed, signed by the defendant and made part of the record of the plea proceedings.

INFOCriminal cases

Applies to

Pretrial memorandum

A written pretrial memorandum is not required.

The Court will not require written pretrial memorandum.

INFOCivil cases

Applies to

Post trial or post hearing motion or petition

When argument concerns testimony, the moving party should request transcription of the testimony or the portion agreed upon by the parties.

The moving party in all Post-trial and Post-hearing Motions or Petitions should, if Argument thereon is with reference to the testimony, include a request for transcription of the testimony or such part thereof as it may be agreed upon by the parties to have transcribed

INFO

Applies to

Pretrial memorandum

The memorandum provides a section for stating the outcome the party wants included in the order, with an extra sheet permitted if necessary.

E. Requested outcome: When the hearing is over and I have given all of my evidence to the judge, this is what I want the Judge to put in the order that will decide my case (use extra sheet if necessary):

INFO

Applies to

Pre trial memorandum

For child-support matters, the memorandum recommends providing information about the children, the parties’ income, employment, benefits, support obligations and expenses, reimbursement requests, and any current custody arrangement; the Court uses custody information for support purposes but will not decide or change custody or visitation.

For Child Support matters, it is suggested that you include information including each child’s name, birth date and age. State the incomes of both plaintiff and defendant and where each is employed. State whether either the plaintiff or the defendant is receiving any benefits such as welfare, social security, worker’s compensation, unemployment compensation, etc. and if any child is receiving any benefits such as welfare or social security, and state the amount of each benefit. State whether either the plaintiff or the defendant has other child or spousal support obligations, if known and the amount. If one or both of the parties pay child care expenses, state how much each pays. State which parent is seeking reimbursement for child care expenses. If one of the parties is paying health insurance premiums for any child, state how much and state who is seeking reimbursement. If you have a current custody arrangement, write down what it is. The Court uses it for support purposes, but will not make a decision on custody or visitation or change the current custody or visitation schedule.

INFOCivil cases

Applies to

Petition or separate affidavit

When explaining why a hearing may be required, the petitioner should likely address whether policy limits are offered and may address the person's injuries, a proposed structured settlement, and whether the proposed attorney fee is disproportionate to the services rendered.

Relevant information would likely include whether or not insurance policy limits are being offered and may include many other circumstances such as the nature and continuing effect of the incapacitated person’s injuries, whether or not a structured settlement is proposed, and whether a proposed attorney fee appears to be out of proportion to the services rendered.