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

Civil cases

Applies to

Notice of sale

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.

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.

Applies to

Ordinary transcript request

For an ordinary transcript, the requesting party must file the original request with the district court administrator.

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.

Civil cases

Applies to

Statement of proposed distribution

A proposed distribution statement must identify each proposed recipient, the amount or share awarded, and briefly explain the nature and reasons for each award.

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.

Civil cases

Applies to

Account

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.

(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.

Civil cases

Applies to

Petition

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.

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.

Civil cases

Applies to

Notice of account and proposed distribution

The notice must substantially follow the form prescribed by Jeff. O.C. Rule L18.3 and include a copy of the proposed distribution statement.

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.

Applies to

Transcript cost waiver request

A litigant requesting a transcript based on inability to pay due to economic hardship must direct the request to the presiding judge for determination.

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).

Civil cases

Applies to

Account and statement of proposed distribution

The accountant must submit a form of decree with the account and proposed distribution statement, substantially following the prescribed form.

(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.

Civil cases

Applies to

Pleading

Pleadings filed with the clerk must include a face sheet in the form prescribed by Jeff. O.C. Rule L18.1.

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.

Civil cases

Applies to

Notice

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.

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.

Civil cases

Applies to

Petition

The petitioner must file the extension petition with the clerk of the Orphans Court and notify the personal representative and all persons interested 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

Applies to

Decree

Must include

caption

Every decree must bear the case caption.

Every decree shall bear the caption of the case.

Civil cases

Applies to

Account

An account must begin with a caption stating the account’s nature, the fiduciary’s name and capacity, and the estate’s name.

(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;

Civil cases

Applies to

Auditor report

Upon completing the report, the auditor must file it with the clerk and promptly give written notice to counsel for formally appearing parties and to parties who 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

Applies to

Statement of reasons

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.

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.

Civil cases

Applies to

Citation

The citation attached to the petition must state the hearing’s date, time, and place.

The citation attached shall state the date, time and place of the hearing

Civil cases

Applies to

Notice of filing account and statement of proposed distribution

The notice of filing the account and proposed distribution statement must substantially follow the prescribed form, including stating that a copy of the proposed distribution statement is enclosed.

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:

Civil cases

Applies to

Filed paper

Must include

caption, case number

All papers filed in court or the clerk’s office must include the file number and matter name in the caption.

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.

Applies to

Transcript cost waiver application

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.

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.

Civil cases

Applies to

Petition

A petition must identify all persons who are parties in interest by name and address and attach the consents of those who consented.

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.

Civil cases

Applies to

Inter vivos trust instrument

When the court first must exercise jurisdiction over an inter vivos trust, the original trust instrument or a copy verified by the acting trustees, along with any amendments, must be filed with the clerk.

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

Applies to

Petition

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.

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

Applies to

Petition

Leave to take depositions or obtain discovery or document production may be granted only on a petition showing cause.

Leave to take depositions, or obtain discovery or the production of documents may be granted only on petition upon cause shown.

Civil cases

Applies to

Petition

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.

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.

Civil cases

Applies to

First account

Every personal representative must file proofs of publication in both the specified newspaper and the Jefferson County Legal Journal with the first account.

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.

Civil cases

Applies to

Petition

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.

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.

Civil cases

Applies to

Attorney appearance

An attorney must enter an appearance by dated written order or endorsement on filed papers, and may not withdraw it without leave of court.

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.

Civil cases

Applies to

Notice of grant of letters

The notice of grant of letters must substantially use the form set out in the rule.

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

Civil cases

Applies to

Exceptions

Exceptions must clearly identify the alleged error and grounds, and fact-based exceptions must state the proper finding and reasons.

(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.

Civil cases

Applies to

Decree

When submitting only an Account or only a Statement of Proposed Distribution, the decree form must be modified for that filing.

*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.

Civil cases

Applies to

Appeal

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.

(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.

Applies to

Transcript request

Transcript requests must use the standardized Request for Transcript form, available online or from the district court administrator's office.

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.

Civil cases

Applies to

Auditor report

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.

(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.

Civil cases

Applies to

Evidence of deposit or investment

Evidence that the deposit or investment is marked with the withdrawal restriction 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

Applies to

Statement of proposed distribution

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.

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.

Civil cases

Applies to

Pleading

Every pleading must be endorsed with the name of counsel appearing in court.

Every pleading shall be typewritten, double spaced, or printed and shall be endorsed with the name of counsel appearing in court.

Civil cases

Applies to

Objections

Objections must be written, and the original and one copy must be filed with the clerk between the account filing date and the proposed confirmation date.

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

Applies to

Certificate

The notice certificate must substantially follow the prescribed form and attach the notice, recipients’ names and addresses, and the date notice was given.

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.

Civil cases

Applies to

Petition

The petitioner must attach correct copies of pertinent wills and contracts and cite where pertinent recorded instruments are recorded, entered, or filed.

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.

Civil cases

Applies to

Statement of reasons

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.

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.

Civil cases

Applies to

Pleading

Must include

caption, case number

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.

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

Civil cases

Applies to

Notice certificate

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.

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.

Civil cases

Applies to

Petition

Proceedings must be commenced by petition with a citation attached for service upon the incompetent.

(a) The practice shall be by petition with a citation attached to be served upon the incompetent.