Court of Common Pleas of Jefferson County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- A hearing may be continued or adjourned for cause shown or by agreement of all parties present, and each new date must be certain and no more than 30 days away.
- The court may extend the auditor's 90-day report deadline upon the auditor's application showing good cause.
Request must include
Document Format Requirements8 rules
Every pleading shall be typewritten, double spaced, or printed
All papers described in (a) above shall be bound at the top, not the side, so that they may be assembled with other papers in the case in a top bound file cover.
All pleadings filed with the clerk shall be prepared for flat filing, and shall have a face sheet as prescribed by Jeff. O.C. Rule L18.1.
(1) shall be stated on good quality letter size (8½"x11") paper fastened together at the top and numbered consecutively at the bottom;
- Paper size
- Letter
Formatting
- •Use good quality paper
- •Fasten the account together at the top.
- •Number the account consecutively at the bottom
Exceptions must be in writing, and the original and one copy must be filed in the clerk’s office.
- Exceptions
Formatting
- •Exceptions shall be in writing
Court's wording
Exceptions to an auditor's or master's report shall be filed within twenty (20) days of the date of the filing of the report. Exceptions shall be in writing and the original and one copy shall be filed in the clerk's office.
The statement of proposed distribution may be filed with the account but shall begin on a page separate from the account which it accompanies.
All local rules are preceded by the letter "L" to indicate their local character, and shall be cited as "Jeff, O. C. Rule L _____.”
Accounts may use either the specified logical-sequence format, with a model-like first page, or the model formats in the Supreme Court Orphans' Court Rules appendix.
Court's wording
Accounts may be prepared and filed in either of the following forms: (i) A format which sets forth in logical sequence and understandable form all of the information required in Pa. O.C. Rule 6.1 (a), (c), (d) and separately states items of administration, distribution, receipts, principal and income as required by Pa. O.C. Rule 6.1(b): provided, however that accounts prepared in this way shall begin with a first page substantially the same as the first page of the Model Executor's Account or the Model Trustee's Account set forth in Appendix to Pa. O.C. Rule 6.1(g). (ii) The model formats which are referred to in Pa. O.C. Rule 6.1(g) and are set forth in the Appendix following the Supreme Court Orphans' Court Rules.
Document Filing Requirements43 rules
For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the district court administrator.
Any requests by a litigant for a transcript pursuant to Pa.R.J.A. 4007(E) alleging inability to pay due to economic hardship must be directed to the presiding judge for determination as provided in 4008(B).
An ordinary-transcript cost-waiver application must include a substantially Pa.R.C.P. 240(h)-form affidavit, use the specified petition form, and be submitted with the transcript request.
Court's wording
The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Pa.R.C.P. 240(h). Such application shall be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and submitted with the request for transcript.
Transcript requests must use the standardized Request for Transcript form, available online or from the district court administrator's office.
Court's wording
All requests for transcripts shall be set forth on a standardized Request for Transcript form provided by the Court Administrator of Pennsylvania. The Request for Transcript form can be downloaded from the Jefferson County website at www.jeffersoncountypa.com or a copy can be obtained at the district court administrator's office.
The file number, and the name of the matter shall be included in the caption of all papers filed in court or in the clerk's office.
- Document
- Filed paper
- Placement
- Caption
The original trust instrument, or a copy verified by the acting trustees, and any amendments thereto, shall be filed with the clerk when the court is first required to exercise its jurisdiction over an inter vivos trust.
Every attorney employed in any proceeding shall enter his appearance by written order, noting thereon the date on which entered, or by endorsement on papers filed, and shall not withdraw the same without leave of court.
Every decree shall bear the caption of the case.
- Document
- Decree
- Placement
- Caption
A petition must identify all persons who are parties in interest by name and address and attach the consents of those who consented.
Court's wording
The petition shall set forth the names and addresses of all persons who are parties in interest in the subject matter of the petition, and shall have attached thereto the consents of all persons who have consented to the petition.
Leave to take depositions, or obtain discovery or the production of documents may be granted only on petition upon cause shown.
Every pleading shall be typewritten, double spaced, or printed and shall be endorsed with the name of counsel appearing in court.
The petitioner must attach correct copies of pertinent wills and contracts and cite where pertinent recorded instruments are recorded, entered, or filed.
Court's wording
In addition to the requirements of Pa. O.C. 3.4(b) the petitioner shall also attach to the petition correct copies of all wills and contracts and shall cite the place of recording of all deeds, mortgages, or other instruments recorded, entered or filed in Jefferson County, or any other county, which pertain to the petition.
An account must have a prescribed face sheet attached at the front, and the face sheet is excluded from the account when calculating the filing fee.
Court's wording
(3) shall have a face sheet attached at the front of the account which shall be in the form prescribed by Jeff. O.C. Rule 18.2. Such face sheet is for easier filing and docketing purposes only and shall not be deemed as part of the account in calculating the filing fee, or for any other purpose.
All pleadings filed with the clerk shall be prepared for flat filing, and shall have a face sheet as prescribed by Jeff. O.C. Rule L18.1.
(2) shall begin with a caption which shall set forth the nature of the account, the name and capacity of the fiduciary and the name of the estate;
- Document
- Account
- Placement
- Caption
Said notice shall be in substantially the form prescribed by Jeff. O.C. Rule L18.3. A copy of the statement of proposed distribution shall be attached to the notice.
Proofs of publication of notice of grant of letters in a newspaper of general circulation and in the Jefferson County Legal Journal, as required by Section 3161 of the PEF Code, shall be filed by every personal representative with his first account.
The notice of grant of letters must substantially use the form set out in the rule.
Court's wording
The notice of grant of letters shall be in substantially the following form. NOTICE – Notice is hereby given that letters _____ on the estate of _____, late of _____ County, Pa., deceased _____, _____, _____, _____ have been granted to the undersigned, and all persons having claims against said estate are to make known the same to _____ or _____, attorney, and all persons indebted to said decedent shall make payment to _____ without delay. _____ _____ _____ _____ _____ Attorney
Before the account and distribution statement are presented, the accountant or attorney must file a certificate confirming notice was given, attach a copy of the notice, and substantially follow the form prescribed by Jeff. O.C. Rule L18.4.
Court's wording
Prior to the date the account and statement of distribution are to be presented to the court for confirmation and approval, the accountant or his attorney shall file a certificate in the office where the account and statement of distribution are filed that notice was given as required in (a) above. A copy of the notice given shall be attached to such certificate. Said certificate shall be in substantially the form prescribed by Jeff. O.C. Rule L18.4.
It shall contain the names of the persons to whom it is proposed to award the balance for distribution, the amount or share awarded to each, and a brief statement of the nature and reasons for the proposed awards.
When a fiduciary cannot file a compliant proposed distribution statement with an account showing a distributable balance, the fiduciary must file reasons with the account and conclude with a request for an auditor or an appropriate court order.
Court's wording
A fiduciary who, upon the filing of an account which reveals a balance for distribution, is unable for any reason to file therewith a statement of proposed distribution in accordance with the requirements of the Supreme Court Orphans' Court Rules, shall, in lieu thereof, file with the account a statement of the reasons why distribution cannot be proposed which shall conclude with a request that an auditor be appointed to make distribution or that the court make such order as the circumstances require.
If the distribution is disputed or involves a fairly disputable question known or reasonably ascertainable by the accountant, the statement must describe the dispute or question and state the supporting facts and applicable law.
Court's wording
If the proposed distribution is the subject of a dispute, or if it involves any fairly disputable question known to or reasonably ascertainable by the accountant, the accountant shall include in the statement of proposed distribution a statement of the dispute or fairly disputable questions, together with a statement by the accountant of the facts on which the accountant relies, and the laws applicable thereto which appear to the accountant to justify the proposed distribution.
All objections shall be in writing and the original and one copy shall be filed with the clerk between the date of the filing of the account and the date of its proposed confirmation.
When the specified inheritance or estate tax dispute has been suspended until the account audit, the statement explaining why distribution cannot be proposed must describe the proceedings concerning the dispute.
Court's wording
If a dispute as to inheritance or estate tax has arisen under Subchapter K of the Inheritance and Estate Tax Act of 1982 (71 Pa.C.S. §1786) has been suspended by election of the party (Subsection (a)(2) of Section 1786) or by Appeal to the court (Subsection (a)(3) of Section 1786) until the audit of the account, the statement of reasons why distribution cannot be proposed shall include a statement of the proceedings with reference to the dispute.
The accountant must submit a form of decree with the account and proposed distribution statement, substantially following the prescribed form.
Court's wording
(a) The accountant shall submit with the account and statement of proposed distribution a form of decree for the court to sign to confirm the account and to approve the statement of proposed distribution. Such decree shall be substantially in the form prescribed in Jeff. O.C. Rule L18.5.
A petition brought without an account must set forth the facts and request that the court resolve the dispute between the petitioner and the register.
Court's wording
In any case where there is no good reason for filing an account, except to bring before the court the refusal of the register to allow a deduction, the fiduciary and/or the beneficiaries may, without filing an account, bring the matter to the attention of the court by a petition (of which the register shall have prior notice), setting forth the facts and praying the court to dispose of the dispute between the petitioner and the register.
The above notices shall include the following: - (1) the fact of the auditor's or master's appointment and the name of the estate or matter involved; - (2) where appropriate, the fact that an account, if any has been filed, and that a fund, if any, is to be distributed; - (3) the name of the fiduciary, if any, of the estate where appropriate; - (4) the time and place of the hearing; - (5) notice that the auditor or master will sit for the performance of his/her duties and will hear and receive claims upon the funds of the estate which are about to be distributed and any other pertinent matter; - (6) the fact that any persons having claims who do not present and prove them before the auditor will be forever barred from participating in the fund for distribution; - (7) the name and address of the auditor or master.
(b) Upon completion of the auditor's report, the auditor shall file his report in the office of the clerk and shall forthwith give notice in writing to counsel for all parties who appeared formally during the proceedings and to such parties as appeared
The auditor's or master's report must contain the listed findings, conclusions, account or distribution schedule, argument, record and exhibits, costs, and notice certificate.
Court's wording
(a) The auditor's/master's report shall contain the following: (1) A statement of the questions involved, and findings of fact in paragraphs consecutively numbered, as nearly as may be in chronological order. If the auditor/master deems it advisable to give reasons or references to testimony or evidence regarding finding or failure of the auditor/master to find any particular fact, he shall do so in the argument in support of his report. (2) The auditor's/master's conclusions of law in paragraphs consecutively numbered. (3) An account and/or schedule of distribution, as may be appropriate; and if an account filed is being approved by the auditor, his report shall expressly confirm the account and shall specify or indicate by reference to the statement of proposed distribution the names of the persons to whom the balance available for distribution is awarded and the amount or share awarded to each such person. (4) The argument in support of the auditor's/master's report. (5) The stenographic record of the proceedings which shall include exhibits in the nature of documentary or other evidence. (6) The bill of costs as taxed by the auditor/master, including his fee. (7) The auditor's/master's certificate showing that written notice of the time of filing his/her report has been given to counsel who filed formal appearances in the proceedings and to such other parties as shall have appeared without counsel.
Exceptions must clearly identify the alleged error and grounds, and fact-based exceptions must state the proper finding and reasons.
Court's wording
(c) Exceptions filed must point specifically to the error of fact or law complained of and state clearly the grounds for the objection thereto. General and vague exceptions will not be considered. Where the exception is to the auditor's findings of fact or failure to find a fact, the exception shall state how the auditor should have found, and shall give reasons therefor.
An appeal from the register must be addressed to the court, filed in duplicate with the register, and state its grounds, interested parties, and jurisdictional facts.
Court's wording
(1) Form of Appeal. Appeals taken from a judicial act or proceedings of the register shall be addressed to the court, but filed in duplicate with the register; shall specify the points upon which based; and shall set forth the names of all interested parties and the necessary jurisdictional facts.
A surviving spouse's extension petition must include the information required by Rule 12.3(a), paragraphs 1 through 5, and the facts supporting the requested extension.
Court's wording
A petition for extension of time in which the surviving spouse may file an election to take against the will or other convenyances shall set forth the following: (1) The information required to be set forth in a petition Under Pa. O.C. Rule 12.3(a), paragraphs 1 through 5. (2) The facts relied upon to justify an extension of time in which to file the election.
(3) The petitioner shall file the petition with the clerk of the Orphans Court and shall give notice to the personal representative and all persons having an interest in the estate.
A minor over 14 must appear in person and make the selection in open court; if unable to appear, the petition must state the reason.
Court's wording
If a minor is over the age of fourteen, he shall appear in person at the presentation of the petition and make his selection in open court. If the minor is unable to appear in person, the reason for his absence shall be set forth in the petition.
The public-sale notice must state the property’s size and location, improvements, deed or updated survey description with adjoining owners, and last recorded grantee and deed recording information.
Court's wording
Such notice shall contain: - (1) The size of the property and its street or road location, including the distance and direction from the nearest major intersection, or other well known landmark. - (2) A list of all improvements on such property. - (3) The deed description or updated surveyor's description of the property with contemporary adjoining property owners' names. - (4) The name of the grantee of the last recorded deed of the subject premises together with the deed book and page of recording.
The citation attached shall state the date, time and place of the hearing
The petition must include a statement that the minor’s estate does not exceed statutory limits and name a suggested bank or insured savings and loan association as depository.
Court's wording
Any petition to have the estate of a minor awarded without the appointment of a guardian or the entry of security shall contain, inter alia, the following: - (a) a statement that the net value of the entire real and personal estate of the minor does not exceed the statutory limitations, and - (b) the name of a bank or insured savings and loan association as suggested depository.
Evidence that the deposit or investment is marked to indicate the foregoing restriction shall be exhibited to the court within twenty (20) days of the deposit or investment.
(a) The practice shall be by petition with a citation attached to be served upon the incompetent.
Pleadings filed with the clerk must include a face sheet substantially in the prescribed form, including the court and division, case number, parties, pleading type, filing party, and counsel information.
Court's wording
Face Sheet for Pleadings Filed with the Clerk of the Orphans' Court The face sheet for pleadings filed with the clerk shall be substantially in the following form: ## COURT OF COMMON PLEAS OF JEFFERSON COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. _____ _____ Plaintiff Type of Pleading: _____ vs. Filed on behalf of: _____ Councel of Record for the Party: _____ Defendant
The notice of the filing of the account and statement of proposed distribution required by Jeff. O.C. rule L6.3 shall be substantially in the following form:
*Note: When submitting an Account only or a Statement of Proposed Distribution only, the form of decree shall be modified to fit the use desired.
The notice certificate must substantially follow the prescribed form and attach the notice, recipients’ names and addresses, and the date notice was given.
Court's wording
The certificate required by Jeff. O.C. Rule 6.3(b) of giving of notice to interested parties shall be in substantially the following form: A copy of said notice, together with the names and addresses of the persons to whom the notice was given, and the date the notice was given is attached hereto.
Filing & Service rules
Filing Timing and Cure Windows
A non-ordinary transcript request must be filed in writing with the district court administrator at least 10 days before the proceeding and requires court approval.
If a party wishes to request a non-ordinary transcript, said request shall be filed in writing with the district court administrator at least 10 days prior to the proceeding. Court approval will be required.
Page 1 | L.R.J.A. 4007. Requests for Transcripts.
The trust instrument and amendments are due when the court is first required to exercise jurisdiction over the inter vivos trust.
The original trust instrument, or a copy verified by the acting trustees, and any amendments thereto, shall be filed with the clerk when the court is first required to exercise its jurisdiction over an inter vivos trust.
Civil cases
Page 6 | Rule L1.6 Trust Inter Vivos
Any such motion shall be filed not later than ten (10) days after the date set for confirmation of the account.
Any such motion shall be filed not later than ten (10) days after the date set for confirmation of the account.
Civil cases
Page 10 | RULE L6.10 OBJECTIONS TO ACCOUNTS OR STATEMENTS OF PROPOSED DISTRIBUTION
Objections must be filed after the account is filed and before its proposed confirmation.
All objections shall be in writing and the original and one copy shall be filed with the clerk between the date of the filing of the account and the date of its proposed confirmation.
Civil cases
Page 10 | RULE L6.10 OBJECTIONS TO ACCOUNTS OR STATEMENTS OF PROPOSED DISTRIBUTION
Accounts and proposed distribution statements must be filed at least 30 days before the regularly scheduled confirmation date; the statement must be filed with the account at the same time and in the same office.
All accounts and statements of proposed distribution must be filed not later than 30 days prior to the regularly scheduled confirmation date upon which the accountant desires to have the account and/or statement of proposed distribution submitted to the court for confirmation and approval. The statement of proposed distribution shall be filed at the same time, and in the same office where the account is filed, and shall conform to the hereinafter set forth rules.
Civil cases
Page 10 | RULE L6.4 TIME FOR FILING
(c) If objections have been filed to an account and/or proposed distribution, but no one requests the appointment of an auditor within ten (10) days following the date set for confirmation of the account and/or proposed distribution, the clerk shall transmit the objections and relevant record papers to the court who shall then direct the parties or their attorneys to appear for a preliminary conference as set forth in (b) above.
(c) If objections have been filed to an account and/or proposed distribution, but no one requests the appointment of an auditor within ten (10) days following the date set for confirmation of the account and/or proposed distribution, the clerk shall transmit the objections and relevant record papers to the court who shall then direct the parties or their attorneys to appear for a preliminary conference as set forth in (b) above.
Civil cases
Page 11 | RULE L6.10
Exceptions to an auditor’s or master’s report must be filed within twenty days after the report is filed.
Exceptions to an auditor's or master's report shall be filed within twenty (20) days of the date of the filing of the report.
Civil cases
Page 12 | RULE L7.1
The auditor must file the report within 90 days of appointment; the court may grant an extension on the auditor's application for good cause, and failure to meet the deadline may result in vacatur and denial of compensation or reimbursement.
(a) The auditor shall file his report within ninety (90) days of his appointment; provided however that an extension beyond said ninety (90) days may be allowed by the court upon application of the auditor for good cause shown. Should the auditor fail to file his report within the above time limits or extensions as above allowed, his appointment may be vacated by the court and compensation and reimbursement for services rendered or expenses incurred may be denied.
Civil cases
Page 14 | RULE L8.6. FILING AUDITOR'S REPORT, NOTICE THEREOF, EXCEPTIONS THERETO, AND CONFIRMATION THEREOF
If no exceptions are taken within 20 days after the report is filed, the clerk transmits it to the court for confirmation as of course.
(a) If no exceptions are taken to an auditor's report within twenty (20) days of the date of its filing, the clerk shall transmit the report to the court for confirmation as of course.
Civil cases
Page 15 | Rule L8.7 Confirmation of Report
Untimely exceptions will not be heard.
No exceptions will be heard which are not timely filed as above set forth.
Civil cases
Page 15 | Auditors, Masters
Exceptions must be filed within 20 days after the report is filed to prevent its presentation for confirmation as of course.
Said notice shall inform all parties aforesaid that unless exceptions are filed within 20 days from the date of filing of the report, the report will be presented to the court for confirmation absolutely as of course.
Civil cases
Page 15 | Auditors, Masters
Appraisers must submit their appraisal to the court within 30 days of appointment.
After appointment, the appraisers shall submit to the court their appraisal within thirty (30) days of appointment.
Civil cases
Page 16 | Special Petitions, Rule L12.1(b) Family Exemption
Interested parties must file any objections with the court within 10 days from the date of notice.
Interested parties shall have ten (10) days from the date of notice to file objections with the court.
Civil cases
Page 16 | Special Petitions, Rule L12.1(b) Family Exemption
The required evidence must be exhibited to the court within 20 days of the deposit or investment.
Evidence that the deposit or investment is marked to indicate the foregoing restriction shall be exhibited to the court within twenty (20) days of the deposit or investment.
Civil cases
Page 17 | RULE L12.5(f) SMALL ESTATES OF MINORS
Service and Proof of Service Rules
For an ordinary transcript request, copies of the formal request must be served on the presiding judge, assigned court reporter, and opposing counsel or, if unrepresented, the opposing party.
The requesting party shall also serve copies of the formal request to: the judge presiding over the matter; the court reporter assigned to the proceeding; opposing counsel, but if not represented, the opposing party.
Page 1 | L.R.J.A. 4007. Requests for Transcripts.
The accountant must give written notice to all persons entitled to notice at least 20 days before the account or proposed distribution statement is presented for confirmation and approval.
Written notice of the filing of an account and of the filing of a statement of proposed distribution shall be given by the accountant at least 20 days prior to the date said account and/or statement of proposed distribution will be presented to the court for confirmation and approval. Such notice shall be given to all persons entitled to be given notice by Pa. O.C. Rule 6.3.
Civil cases
Page 9 | RULE L6.3 NOTICE TO PARTIES IN INTEREST
The filing party must serve a copy of the objections on the accountant or counsel under Pa. O.C. Rule 5.1 within five days after filing.
A copy of the objections shall be served by the party filing them on the accountant or his counsel. Such copy shall be served as provided by Pa. O.C. Rule 5.1 within five (5) days of the date of filing of the objections.
Civil cases
Page 10 | RULE L6.10 OBJECTIONS TO ACCOUNTS OR STATEMENTS OF PROPOSED DISTRIBUTION
The register must receive notice before a petition is used to bring the deduction dispute before the court without an account.
In any case where there is no good reason for filing an account, except to bring before the court the refusal of the register to allow a deduction, the fiduciary and/or the beneficiaries may, without filing an account, bring the matter to the attention of the court by a petition (of which the register shall have prior notice), setting forth the facts and praying the court to dispose of the dispute between the petitioner and the register.
Civil cases
Page 11 | RULE L6.10
Unless notice is waived or the appointing order dispenses with advertisement, the auditor or master must publish hearing notice weekly for three successive weeks in the specified newspaper and Legal Journal.
(a) Upon qualification, the auditor or master shall fix a time and place within Jefferson County for the initial hearing and, unless all parties in interest have waived notice or unless the order appointing the auditor or master provides that no notice by advertisement be given, the auditor or master shall: - (1) give notice thereof by advertisement once a week for three successive weeks in one newspaper of general circulation published at or near the place where the decedent resided and like publication shall be given in the Jefferson County Legal Journal;
Civil cases
Page 12 | RULE L8.1
(a) Upon qualification, the auditor or master shall fix a time and place within Jefferson County for the initial hearing and, unless all parties in interest have waived notice or unless the order appointing the auditor or master provides that no notice by advertisement be given, the auditor or master shall: - (1) give notice thereof by advertisement once a week for three successive weeks in one newspaper of general circulation published at or near the place where the decedent resided and like publication shall be given in the Jefferson County Legal Journal; - (2) give at least ten (10) days notice of the hearing to be held by him or her to all parties interested including all parties having claims upon the
(a) Upon qualification, the auditor or master shall fix a time and place within Jefferson County for the initial hearing and, unless all parties in interest have waived notice or unless the order appointing the auditor or master provides that no notice by advertisement be given, the auditor or master shall: - (1) give notice thereof by advertisement once a week for three successive weeks in one newspaper of general circulation published at or near the place where the decedent resided and like publication shall be given in the Jefferson County Legal Journal; - (2) give at least ten (10) days notice of the hearing to be held by him or her to all parties interested including all parties having claims upon the
Civil cases
Page 12 | RULE L8.1
The filing party must serve the exceptions on each person listed on the auditor’s or master’s certificate of notice.
The party filing the exceptions shall serve a copy of the exceptions upon each person listed on the certificate of notice filed by the auditor or master pursuant to Jeff. O.C. Rule L8.3(a)(7).
Civil cases
Page 12 | RULE L7.1
A party or attorney appearing before the auditor or master must provide an address for notices to be delivered or mailed by first-class mail.
(a) The auditor/master shall regulate all of the proceedings before him and shall as the first order of business at the initial hearing and at each subsequent hearing call for appearances. The party or attorney appearing shall give an address to which all notices may be delivered or mailed by first class mail.
Civil cases
Page 13 | RULE 18.1:1. CONDUCT OF AUDITOR/MASTER'S HEARINGS
Notice of a succeeding hearing given at a properly noticed hearing is sufficient notice of that succeeding hearing.
(b) Notice of succeeding hearings given by the auditor or master at a hearing of which proper notice has been given shall constitute sufficient notice of each such succeeding hearing.
Civil cases
Page 13 | L8.1
Notices must be provided by the listed method applicable to the recipient: service on counsel, specified service or publication if unrepresented, or another method directed by the court.
fund or to their attorneys of record in the manner provided by Pa. O.C. Rule 5.1, to-wit: - (a) by service upon the attorney appearing of record for such persons; or - (b) if there is no such attorney, by personal service, delivery at the residence of such person or by mail, if his residence is known; or - (c) if his residence is not known, by publication once a week during three successive calendar weeks in the legal periodical, if any, and in a newspaper of general circulation published at or near his last known residence within the county; or - (d) in such other manner as the court shall direct.
Civil cases
Page 13 | L8.1
A party with a formal appearance may submit proposed findings and conclusions or a brief after the evidence closes, but must deliver or mail copies to every person who appeared.
(d) After the closing of the testimony and the offering of all evidence in the case, any party who has entered a formal appearance in the proceedings may submit proposed findings of fact and conclusions of law and/or brief for the purpose of aiding or guiding the auditor/master; provided, however, that copies of such submissions shall be delivered or mailed to each person who has appeared in the proceedings in person or by counsel.
Civil cases
Page 14 | RULE 18.1:1. CONDUCT OF AUDITOR/MASTER'S HEARINGS
(b) Upon completion of the auditor's report, the auditor shall file his report in the office of the clerk and shall forthwith give notice in writing to counsel for all parties who appeared formally during the proceedings and to such parties as appeared
(b) Upon completion of the auditor's report, the auditor shall file his report in the office of the clerk and shall forthwith give notice in writing to counsel for all parties who appeared formally during the proceedings and to such parties as appeared
Civil cases
Page 14 | RULE L8.6. FILING AUDITOR'S REPORT, NOTICE THEREOF, EXCEPTIONS THERETO, AND CONFIRMATION THEREOF
The party filing exceptions must deliver or mail a copy to the auditor, formally appearing counsel, and parties who appeared without counsel.
The party filing exceptions shall deliver or mail a copy thereof to the auditor and all counsel who have appeared formally and all parties who have appeared without counsel.
Civil cases
Page 15 | Auditors, Masters
The person served with the appraisal must immediately notify parties in interest who would be adversely affected by allowance of the exemption.
Such person shall immediately give notice to all parties in interest who would be adversely affected by the allowance of the exemption.
Civil cases
Page 16 | Special Petitions, Rule L12.1(b) Family Exemption
Appraisers must serve a copy of the appraisal on the personal representative or, if none exists, as the court directs.
A copy of the appraisal shall also be served by the appraisers on the personal representative or if there is no personal representative, then as the court shall direct.
Civil cases
Page 16 | Special Petitions, Rule L12.1(b) Family Exemption
The petitioner must give notice of the extension petition to the personal representative and all persons having an interest in the estate.
(3) The petitioner shall file the petition with the clerk of the Orphans Court and shall give notice to the personal representative and all persons having an interest in the estate.
Civil cases
Page 16 | Special Petitions, Rule L12.3(b) Extension of Time for Filing Surviving Spouse's Election
Notice of the sale must be advertised once a week for three consecutive weeks in a Jefferson County newspaper of general circulation and the Jefferson County Legal Journal.
In addition, notice of the sale shall be advertised once a week for three consecutive weeks in a newspaper of general circulation in Jefferson County and in the Jefferson County Legal Journal.
Civil cases
Page 17 | RULE L12.9(b) PUBLIC SALE OF REAL PROPERTY: NOTICE
The citation must be served at least 10 days before the scheduled hearing.
The citation attached shall state the date, time and place of the hearing and shall be served as least ten (10) days prior to the scheduled date of hearing.
Civil cases
Page 17 | RULE L14.1 PRACTICE AND PROCEDURE. IN GENERAL
After a public-sale petition is allowed, the petitioner must mail notice to each interested party, including every unpaid creditor, at least 20 days before the proposed sale.
After allowance of a petition for public sale, the petitioner shall, in addition to such notice as may be required to be given by law, give notice of the sale to each interested party, including every unpaid creditor by first class mail. Such notice shall be given at least 20 days prior to the date of the proposed sale.
Civil cases
Page 17 | RULE L12.9(b) PUBLIC SALE OF REAL PROPERTY: NOTICE
Filing Fees and Waivers
A litigant may apply to waive all or part of ordinary-transcript costs by submitting the required application with the transcript request.
The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the form required by Pa.R.C.P. 240(h). Such application shall be prepared in the form of a Petition to Waive All or a Portion of the Transcript Costs and submitted with the request for transcript.
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Economic hardship - minimum standards.
Any remaining transcript balance must be paid by an accepted method to Jefferson County and delivered to the district court administrator before the reporter delivers the transcript and copies.
Final payment shall be paid by cash, money order, certified check, or law firm check made payable to Jefferson County and shall be delivered to the district court administrator. Upon payment of any balance owed, the court reporter(s) shall deliver the original transcript to the appropriate filing office and copies to the parties.
Page 1 | L.R.J.A. 4007. Requests for Transcripts.
An expedited electronic transcript may cost no more than $3.50 per page and requires Court approval.
for an expedited transcript, $3.50 per page, with Court approval;
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Electronic Format.
A daily electronic transcript may cost no more than $4.50 per page and requires Court approval.
for daily transcript, $4.50 per page, with Court approval;
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Electronic Format.
A bound paper transcript is charged at the applicable electronic-format rate plus a $0.25-per-page surcharge.
Paper Format. When the transcript is prepared in bound paper format, the costs shall be in accordance with paragraph (1) relating to electronic format plus a surcharge of $0.25 per page.
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Paper Format.
A bound paper copy of a previously ordered, transcribed, and filed transcript costs $0.75 per page.
$0.75 per page bound, paper format; and,
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Copies of transcript.
The cost for an ordinary electronic transcript may not exceed $2.50 per page.
for an ordinary transcript, $2.50 per page;
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Electronic Format.
A same-day electronic transcript may cost no more than $6.50 per page and requires Court approval.
for same day delivery, $6.50 per page, with Court approval.
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Electronic Format.
Costs for a non-ordinary transcript may not be reduced or waived unless the requesting party demonstrates extraordinary need.
No reduction or waiver of costs shall be requested or granted for any non-ordinary transcript unless the requesting party demonstrates extraordinary need.
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Economic hardship - minimum standards.
The ordering litigant must make a non-refundable deposit of 90% of the estimated transcript cost, payable by an accepted method to Jefferson County and delivered to the district court administrator.
When a litigant requests a transcript, the litigant ordering the transcript shall make a non-refundable, partial payment of 90% of the estimated total cost of the transcript. The payment deposit shall be paid by cash, money order, certified check, or law firm check made payable to Jefferson County and shall be delivered to the district court administrator.
Page 1 | L.R.J.A. 4007. Requests for Transcripts.
An electronic copy of a previously ordered, transcribed, and filed transcript costs $0.50 per page, capped at $50.00.
$0.50 per page electronic copy, not to exceed $50.00.
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Copies of transcript.
A trial judge may impose a reasonable surcharge in specified complex cases when court reporters must significantly expand their dictionary.
A trial judge may impose a reasonable surcharge in cases such as mass tort, medical malpractice or other unusually complex litigation, where there is a need for court reporters to significantly expand their dictionary. Such surcharges are at the discretion of the trial judge.
Page 1 | L.R.J.A. 4008. Transcript Costs Payable by a Requesting Party Other than the Commonwealth or a Subdivision Thereof — Additional Costs.
The account’s face sheet is not counted as part of the account when calculating the filing fee.
Such face sheet is for easier filing and docketing purposes only and shall not be deemed as part of the account in calculating the filing fee, or for any other purpose.
Civil cases
Page 8 | RULE L6.1(e) FORM OF ACCOUNT. ADDITIONAL REQUIREMENTS
Adjournment & Extension Requirements
A hearing may be continued or adjourned for cause shown or by agreement of all parties present, and each new date must be certain and no more than 30 days away.
(b) Hearings may be continued or adjourned from time to time for cause shown or upon agreement of all parties present, but each continuance or adjournment shall be to a day certain not more than thirty (30) days distant.
Civil cases
Page 13 | RULE 18.1:1. CONDUCT OF AUDITOR/MASTER'S HEARINGS
The court may extend the auditor's 90-day report deadline upon the auditor's application showing good cause.
(a) The auditor shall file his report within ninety (90) days of his appointment; provided however that an extension beyond said ninety (90) days may be allowed by the court upon application of the auditor for good cause shown.
Civil cases
Page 14 | RULE L8.6. FILING AUDITOR'S REPORT, NOTICE THEREOF, EXCEPTIONS THERETO, AND CONFIRMATION THEREOF