Court of Common Pleas of Juniata County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- Upon Filing
Adjournments
- By mutual agreement, the parties may obtain a 30-day continuance to finalize an agreement after giving the conciliator one business day’s notice; if no agreement is presented or rescheduling requested within that period, a new motion and scheduling order are required to schedule another conference.
- For a continuance of a matter scheduled before a Judge, the motion must state its grounds, prior continuances, and the other parties’ position or contact efforts, and be filed and presented at least five business days beforehand when circumstances allow.
- For a continuance of a matter scheduled before an arbitration panel, the motion and proposed order must be filed and presented at least five business days before the proceeding, and the motion must state its grounds, prior continuances, and the other parties’ position or contact efforts.
- A continuance sought for a reason other than an agreement requires a motion filed and presented at least five business days before the proceeding when circumstances allow; the rescheduled date may not be more than 90 days after assignment.
Page & Word Limits1 rule
Unless special permission is obtained from the Court, briefs shall be no more than ten (10) pages in length.
- Brief
- Up to 10 pages
Document Format Requirements6 rules
All pleadings and other legal papers filed with the Prothonotary shall be on paper size 8½ x 11 inches and secured by one staple located in the upper left hand corner.
- Paper size
- Letter
- Binding
- Stapled
All pleadings and papers shall be filed without blue backs, toppers or cover sheets of any kind.
Formatting
- •Do not use blue backs, toppers, or cover sheets of any kind
All pleadings and papers filed with the Prothonotary shall have a margin of at least one (1) inch on the top, bottom and left and at least a one-half ( 1/2) inch margin on the right of the page.
- Margins
- Top 1 inch; Bottom 1 inch; Left 1 inch; Right 0.5 inches
The Arbitration Report and Award shall be in the form set forth in Pa. R.C.P. 1312.
An Appeal from an Award of Arbitrators shall be filed in the Office of the Prothonotary in duplicate
The specified custody pleading and a Scheduling Order for Custody Court must be filed with the Prothonotary as an original and three copies.
Court's wording
The original and three (3) copies of a Custody Complaint, or Divorce Complaint with a Custody Count or Petition for Modification or for Contempt and a Scheduling Order for Custody Court shall be filed with the Prothonotary who shall thereafter forward the original to the Court for scheduling a date in Custody Court.
Document Filing Requirements61 rules
Where a party files a petition seeking emergency relief, said petition shall be designated as such in the title of the petition.
The petition must be accompanied by an order in the form of a Rule to Show Cause pursuant to Pa. R.C.P. No.206.5.
A petition or answer to a petition containing an allegation of fact not otherwise on the record must be accompanied by a verification.
A motion identified as uncontested must include either the written consent of opposing counsel and unrepresented parties or a certification of contact and nonopposition.
Court's wording
If the moving party determines that the motion is uncontested, the motion shall include the written consent by opposing counsel and all unrepresented parties or the motion shall include a certification that the moving party has been in contact with opposing counsel and all unrepresented parties and that opposing counsel and all unrepresented parties do not contest the motion.
All motions shall be accompanied by a proposed order setting forth the relief requested and shall indicate if briefs are requested including a proposed schedule for the same.
- Document
- Motion
Must include
- •Proposed order
Every motion must cite the applicable legal authority permitting the requested relief.
Court's wording
All motions shall contain a specific citation to the relevant constitutional provision, case law, statute, regulation, rule of Court or other applicable legal authority that permits the Court to grant the relief requested.
When any matter submitted to the Court requires oral argument, the party seeking oral argument shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
If a party seeks oral argument, the moving party shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
The original brief shall be filed with the Prothonotary’s Office with a Courtesy copy to the Court Administrator for transmittal to the appropriate Judge.
Where a party seeks a continuance for matters scheduled before a Judge, that party shall file with the Prothonotary a Motion for a Continuance and order that will allow the Court to either grant or deny said motion.
Briefs must include the listed procedural history, facts, questions, argument with citations, and conclusion.
- Document
- Brief
Must include
- •Statement of facts
Court's wording
In addition to the requirements of Pa. R.C.P. No. 210, briefs shall contain: 1. a procedural history of the case; 2. a statement or counter-statement of facts; 3. a statement of the questions involved; 4. an argument with citations to the authority relied upon; 5. a conclusion setting forth the requested relief sought.
Where a party seeks a continuance for a matter scheduled before an arbitration panel, that party shall file, with the Prothonotary, a Motion for a Continuance and order that will allow the Court to either grant or deny said motion.
If an amended pleading cures preliminary objections before the scheduled argument or hearing, the party who filed the objections must notify the Court by filing a Praecipe to Withdraw them.
Court's wording
If the Preliminary Objections are cured by the filing of an amended pleading prior to the scheduled Argument or Hearing, it is the responsibility of the party that filed the Preliminary Objections to notify the Court that the scheduled Argument or Hearing is no longer required by filing a Praecipe to Withdraw said objections.
Upon receipt of a Motion for Judgment on the Pleadings and scheduling order in accordance with Pa. R.C.P. 1034, the Court may schedule a time and date for Argument on the motion.
When Preliminary Objections are submitted to the Court, which requires oral argument, the party seeking oral argument shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
Upon receipt of Preliminary Objections, the Court shall schedule a time and date for the Preliminary Objections to be heard. The moving party shall submit a scheduling order.
When a Motion for Judgment on the Pleadings is submitted to the Court, which requires oral argument, the party seeking oral argument shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
Counsel for all parties may agree in writing to arbitration; the signed agreement must be filed with the Prothonotary, define the issues, and may include factual stipulations.
Court's wording
Cases, whether or not in litigation and regardless of the amount in controversy, may be heard by a Board of Arbitration upon agreement of counsel for all parties in the case. Such agreement shall be evidenced by providing in writing a document signed by counsel for all sides and shall be filed with the Prothonotary, who will forward a copy to Court Administration. Said agreement shall define the issues involved for determination by the Board of Arbitrators and may contain stipulations with respect to facts.
The arbitration praecipe must certify that the pleadings are closed and the matter is ready, estimate the arbitration time, and list all counsel of record.
Court's wording
An action will be referred to arbitration when either party or its counsel files a praecipe with the Prothonotary certifying that the pleadings are closed and the matter is ready for arbitration and shall include the estimated amount of time needed for the arbitration and list all counsel of record.
A Scheduling Order for Custody Court must be filed with the specified custody pleading.
Court's wording
The original and three (3) copies of a Custody Complaint, or Divorce Complaint with a Custody Count or Petition for Modification or for Contempt and a Scheduling Order for Custody Court shall be filed with the Prothonotary who shall thereafter forward the original to the Court for scheduling a date in Custody Court.
Said documents shall contain the information as required by Local Rules 1915.15 and 1920.12 as provided therein.
The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties.
The petitioner shall file an Affidavit of Service verifying that the defendant was served at least ten (10) calendar days prior to the Conciliation Conference.
If no agreement is presented and no rescheduling is requested within 30 days, a new motion and scheduling order are required to schedule a new conciliation date.
Court's wording
If after thirty (30) days the parties have neither presented an Agreement nor requested the conciliation to be re-scheduled, then the Conciliator will relinquish jurisdiction and a new motion and scheduling order will be required to schedule a new date for the conciliation.
A party must seasonably amend a pre-hearing statement when newly obtained information shows a response was incorrect or is no longer true, and the court may order supplementation.
Court's wording
A party is under a duty seasonably to amend a Pre-Hearing Statement if he or she obtains information upon the basis of which he or she knows that i. the response was incorrect when made, or ii. the response though correct when made is no longer true. A duty to supplement a Pre-Hearing Statement may be imposed by Order of Court.
The pre-hearing statement must substantially follow the form in Local Rule 1915.26, insofar as the information is available.
Court's wording
At the conference, each party shall provide the conciliator and each other with a pre-hearing statement substantially in the form provided in Local Rule 1915.26 insofar as said information is then available.
The settlement filing must include an original and three copies of the fully executed stipulation and three proposed orders of Court.
- Document
- Stipulation
Must include
- •Proposed order
Court's wording
If at any time prior to a scheduled proceeding, the parties are able to reach an agreement, counsel shall file within thirty (30) days an original and three (3) copies of the fully executed stipulation with three proposed orders of Court with the Prothonotary who shall forward the same to the Court for disposition.
Counsel shall forward a copy of the executed stipulation to the Conciliator.
This report shall contain facts gathered by the conciliator during the conference.
Each custody, partial custody, visitation, or modification complaint must include one of the specified averments about the separated-parents education program.
Court's wording
In addition to the information required by Pa.R.C.P. 1915.15, every complaint for Custody, Partial Custody, Visitation or Modification shall contain one of the following averments: A. Plaintiff has been advised of the requirement to attend the seminar titled "Education Program for Separated Parents" offered by Penn State. or B. The parties have previously attended the "Education Program for Separated Parents" program as evidenced by certificates of attendance contained in the official Court file to the following referenced case number_________ and/or verification of certificate attached hereto.
The Order and Notice must include either the program registration and attendance directive or the stated alternative for parties who already attended.
Court's wording
The Order and Notice shall also include the following: A. "The Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre-printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009." or B. "The parties have previously attended the "Education Program for Separated Parents" as evidenced by certificates of attendance in the official Court file to the following referenced case number _________."
Pre-Hearing Information must be submitted at the Conciliation Conference in substantially the stated form, addressing the listed parenting-plan information.
Court's wording
The Pre-Hearing Information required pursuant to Local Rule 1915.3-4 shall be in substantially the following form: Pre-Hearing Information (to be submitted at the Conciliation Conference) Proposed Parenting Plan: 1. Names, addresses, ages and employment of parents and/or guardians (if different from Custody Complaint or Petition for Modification) 2. Names and ages of all children involved – state with whom living (if different from Custody Complaint or Petition for Modification) 3. Names and addresses of other parties involved (if any – Children and Youth, grandparents, foster parents, etc) 4. Has any party ever been referred to a Children and Youth Agency for alleged abuse or neglect for the subject children or any other children? 5. Has there been a Protection from Abuse Order entered against any party in the past twenty-four (24) months? If so, when? 6. Status of current Custody Orders or custody arrangements. 7. What schedule do you propose for consideration? 8. Addresses of children for past 5 years, state who had custody at each location (if different from Custody Complaint or Petition for Modification) 9. State who you believe should have legal custody (i.e. the right to make major decisions regarding the subject children.) 10. State what living arrangements you consider to be in the child (ren)’s best interests (i.e. where children should spend weekdays, weekends, holidays, vacations, where they should attend school.) 11. State any special needs your child/children may have. 12. State the kind of environment that you can provide (i.e. information about
Pre-hearing information calls for a witness list, issues for resolution, the estimated trial length, and other reports; available expert reports should be attached.
Court's wording
Pre-Hearing Information: 1. List of Witnesses you intend to call: a. fact witnesses. b. Expert witnesses (attach copies of any reports currently available.) 2. Issues for resolution (e.g. suitability of physical environment, suitability of parent, unusual opportunities for enrichment, particular skills of a parent, transportation, issues related to other household members). 3. Estimated length of trial. 4. Any other reports to be used.
In all divorce proceedings filed on or after May 1, 2004, where the parties have a child or children under the age of eighteen years, every complaint shall contain the additional information required by Perry or Juniata County Civil Rule 1920.12.
It shall also have attached thereto an Order directing attendance at the Seminar in the form set forth in Perry or Juniata County Civil Rule 1920.12(3).
In all custody/visitation proceedings filed on or after May 1, 2004, each Notice Order and complaint shall include the additional information in accordance with Perry or Juniata County Civil Rule 1915.15.
Within 60 days after service, both parties must register and attend by mailing the pre-printed registration form and a $45 fee to the stated program address.
Court's wording
Within sixty (60) days after service, both parties are required to register and attend the program by mailing the pre-printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009.
Every divorce complaint must include one of two averments stating whether children under eighteen were born of the marriage and, if so, listing their names and birth dates.
Court's wording
In addition to the information required by Pa.R.C.P. 1920.12, every Complaint in Divorce shall contain one of the following averments: a. Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage; or b. Plaintiff avers that there are children under the age of eighteen (18) years born of the marriage namely, to wit: (list names and dates of birth.)
The affidavit of service shall include a statement that the opposing party was advised of the requirement to attend the "Education Program for Separated Parents" and served with the registration form.
If there are children under the age of eighteen (18) years born of the marriage, the complaint shall include one of the following averments:
If the marriage has children under 18 and there is no averment of prior attendance, the divorce complaint must include an order substantially in the provided form directing both parties to register and attend within 60 days after service.
Court's wording
In the event there are children under the age of eighteen (18) years of age born of the marriage, and there is no averment that the parties previously attended the "Education Program for Separated Parents," the divorce complaint shall have attached thereto, an order in substantially the following [order] form: : IN THE COURT OF COMMON PLEAS vs. : OF THE 41ST JUDICIAL DISTRICT : (INSERT) COUNTY, PENNSYLVANIA : NO. ORDER OF COURT AND NOW, _________, the Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre- printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802- 7009. _____________________ cc: Plaintiff Defendant Court Administration
A party may seek Orphans' Court mediation by filing a Request for a Court Appointed Mediator, and the assigned Judge must appoint a mediator when the request is filed.
Court's wording
Cases filed in the Orphans' Court division may be ordered into the Orphans' Court Mediation Program by the Judge to whom the case is assigned, or by request of any of the parties by filing a Request for a Court Appointed Mediator. Upon filing a request for a Court appointed mediator, the Judge to whom the case is assigned, shall appoint said mediator.
The Clerk of the Orphans' Court Division shall not issue a certificate of the appointment of any fiduciary until the security, if required by the Court, has been entered.
A surety company must have a current Insurance Department certificate on file with the Clerk, and after May may not execute a bond until a certificate issued after March 31 of that year is on file.
Court's wording
Surety companies authorized to do business in this Commonwealth may become surety on any bond or obligation required to be filed in the Court; provided that a current certificate of the right to do business, issued by the Insurance Department of this Commonwealth; shall be on file with the Clerk of the Orphans' Court, and provided, further, that no bond shall be executed by any surety company after May of any year, until such certificate, issued after March 31 of that year, shall have been on file with the Court.
The mediation statement must address the facts and relief sought, unresolved legal issues, applicable medical and expert reports, itemized damages, and settlement posture and rationale.
Court's wording
At least ten (10) days prior to the mediation, each party shall file and serve on the other party a mediation statement which must include the following: (1) a succinct explanation of the facts and relief sought; (2) significant legal issues that remain unsolved; (3) summary of medical and expert reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale.
The published sale notice must include the property's location and area, available improvement and deed or survey information, and the last recorded deed grantee and recording reference.
Court's wording
The published public notice of the sale shall contain the following information: - (i) the address of the property and the municipality in which it is located; - (ii) the area of the property in terms of acres or square feet; - (iii) a list of the improvements of the property, if one is available; - (iv) a deed or survey description of the property, if one is available - (v) the name of the grantee of the last recorded deed for the property, together with the deed/record book or instrument number.
A petition for settlement of a small estate under section 3102 must include the listed information and requested relief.
Court's wording
(a) Contents of Petition. A Petition under section 3102 of the Probate, Estates and Fiduciaries Code of 1972 (20 Pa C.S. Section 3102), for the settlement of a small estate shall set forth - (1) the name, date of death and residence of decedent; (2) the name and address of the petitioner, his relationship to the decedent and whether or not he formed a part of the decedent's household at the date of his death; (3) if petitioner be the surviving spouse, the date and place of the ceremonial marriage, and the name and official capacity of the person who performed the ceremony; or, in the case of a common law marriage, all averments necessary to establish the validity of such marriage; (4) whether the decedent died testate or intestate; where, when and to whom letters were granted, and the amount of bond given by the personal representative; (5) the names, relationships and a brief description of the interest of all persons entitled to share in the decedent's estate under the will or intestate laws, stating which are minors, incapacitated persons or deceased, with the names of their fiduciaries, and whether any of them has received or retained any property of the decedent by payment of wages under Section 3101 of the Probate, Estates and Fiduciaries Code (20 Pa. C.S. Section 3101) or otherwise; (6) the person entitled to the family exemption, and the facts on which the claim is based; (7) an itemized statement of the property of the decedent and an appraisal thereof; (8) the disbursements made prior to the filing of the petition; the date and name of the person to whom paid; and the nature and amount of each payment; (9) the names and all unpaid claimants of whom the petitioner has notice or knowledge; the nature and amount of each claim; and whether such claims are admitted; (10) that a schedule of assets and deductions for inheritance tax purposes has been filed with the Register; the amount of any inheritance tax assessed; and the date of payment thereof; (11) that ten days' written notice of intention to present the petition has been given to every unpaid beneficiary, heir or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown; and (12) a prayer for distribution of the property, setting forth the persons entitled and their distributive shares and requesting the discharge of the personal representative and the release of their surety, if letters have been granted and advertised.
A petition for determination of title under section 3546 must include the listed petitioner, claim, decedent, real-property, creditor, and title information.
Court's wording
(a) Contents of Petition. A petition under section 3546 of the Probate, Estates and Fiduciaries Code of 1972 (20 Pa. C.S. Section 3546) for the determination of title shall set forth - (1) the name of the petitioner and his relationship to the decedent; - (2) the facts on which the claim of the petitioner is based; - (3) whether the decedent died testate or intestate, and where, when and to whom letters were granted; - (4) a description of the real property located within the Commonwealth, and the place, book and page and/or instrument number of recording of the last deed thereto; - (5) the names and addresses of all known creditors and interested Parties; and - (6) the facts material to a determination of the title.
(b) Exhibits. The following exhibits shall be attached to the Petition: - (1) the notice which has been given to creditors, and interested parties; if the heirs of the decedent are unknown, a copy of the notice given to the Attorney General; and a - (2) a copy of the decedent's will.
A section 3102 petition must have the listed will, consents, notice, and inheritance-tax document attached.
Court's wording
(b) Exhibits. The following exhibits will be attached to the petition; - (1) a copy of decedent's will; - (2) consents of the surety, and of unpaid beneficiaries, heirs and claimants who consent thereto; - (3) a copy of the notice given; and - (4) the inheritance tax voucher, or in lieu therefore a statement from the Pennsylvania Department of Revenue that no tax is due.
At the auditor-scheduled pre-hearing conference, the accountant or attorney must present written notices of claims, a list of other known creditors, and the claims recommended for allowance.
Court's wording
The auditor shall schedule a pre-hearing conference at which time the accountant or his attorney shall present to the auditor all written notices of claims of creditors, legatees, devisees, next of kin and other interested parties in the estate given the accountant and also a list of all other creditors of which he/she has any information and mention the claims of creditors he recommends for allowance.
The Estate and exceptant(s) shall each provide to the auditor an estimate of the amount of time needed to present their case.
An appeal petition must state the nature of the proceeding before the Register and the basis for the appeal.
Court's wording
When an appeal is taken from a judicial act of, or proceeding before, the Register, the contestant shall promptly present a petition to the Court, which shall set forth: - (1) the nature of the proceeding before the Register; - (2) the basis for the appeal; and
The petition to set a hearing date after certification of the record must state the nature of the Register proceedings, the basis for certification, and the names and addresses of all interested parties, including nonparties to the record.
Court's wording
Contents of Petition. A Petition to fix a date for a hearing from a certification of record to the court from the Register shall be promptly presented to the court and shall set forth; - (1) the nature of the proceedings before the Register; - (2) the basis for the certification of record; and - (3) the names and address of all interested parties including those who have not been made parties to the record.
(3) the names and address of all interested parties, including those who have not been made parties to the record.
Any denial of the motion shall be in writing and state the reason for the denial.
The members of the board shall not be entitled to receive their fees until after filing a report and award with the Prothonotary.
Children may attend only if the conciliator specifically directs it; a party who wants a child to attend must make a written request to the conciliator.
Court's wording
Children shall not attend the conciliation conference unless said attendance is specifically directed by the conciliator. If a party desires the child (ren) to be present at the Conciliation Conference, he/she shall make said request in writing of the Conciliator
Upon written request of a party, the Court may allow participation by telephone. Such request shall be made to the Court Administrator.
A motion need not be verified unless verification is required by general rule governing a particular motion or by order of Court.
(c) Appraisal. No formal appraisal is required, unless ordered by the Court.
Filing & Service rules
Filing Timing and Cure Windows
When the Court requires a response or brief, the party must file an answer or brief within 20 days after service of the motion unless the Court modifies the deadline.
Where the Court determines that a response or brief is required, an order shall be issued requiring the party to file an answer or brief within twenty (20) days of service of the motion, unless the time period is modified by the Court.
Page 10 | Rule 208.3(b) Alternative Procedures – Brief Required
Court Administration must schedule a hearing within 10 days after a petition is filed.
A hearing will be scheduled by Court Administration within ten (10) days from the filing of a petition.
Page 17 | Rule 1901.2 Scheduling
When the parties reach an agreement before a scheduled proceeding, counsel must file within thirty days the original and three copies of the fully executed stipulation, together with three proposed orders, with the Prothonotary.
If at any time prior to a scheduled proceeding, the parties are able to reach an agreement, counsel shall file within thirty (30) days an original and three (3) copies of the fully executed stipulation with three proposed orders of Court with the Prothonotary who shall forward the same to the Court for disposition.
Page 22 | Rule 1915.3-8 Settled Case
If the conciliator recommends a hearing or either party files a praecipe within ten days after the recommended order is mailed, the Court must direct the matter for hearing.
If recommended by the conciliator or requested by either party by the filing of a praecipe within ten (10) days of the date of mailing of the recommended Order, the Court shall direct the matter for hearing.
Page 22 | Rule 1915.3-7 Report of Conciliator and Proposed Order
The conciliator must file the Conference Summary Report with the Prothonotary within fourteen days, and the Prothonotary must forward it to the Court.
The Conciliator has fourteen (14) days within which to file a Conference Summary Report with the Prothonotary who shall forward the same to the Court.
Page 22 | Rule 1915.3-7 Report of Conciliator and Proposed Order
Each party must file a mediation statement at least ten days before mediation.
At least ten (10) days prior to the mediation, each party shall file and serve on the other party a mediation statement which must include the following: (1) a succinct explanation of the facts and relief sought; (2) significant legal issues that remain unsolved; (3) summary of medical and expert reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale.
Page 3 | Rule 1.6 Orphans' Court Mediation Program
Exceptions to an auditor’s report must be filed within 20 days of the Decree Nisi date.
Exceptions to the Report must be filed within twenty (20) days of the date of the Decree Nisi.
Page 7 | 9.7 Confirmation of Report
A contestant appealing a judicial act or proceeding before the Register must promptly present a petition to the Court.
When an appeal is taken from a judicial act of, or proceeding before, the Register, the contestant shall promptly present a petition to the Court
Page 8 | 10.4 Appeals for the Register of Wills
A petition to set a hearing date following certification of the record must be presented promptly to the court.
A Petition to fix a date for a hearing from a certification of record to the court from the Register shall be promptly presented to the court
Page 8 | 10.1-1 Certification of Record
A responding party intending to file counterclaims or cross-claims should file them before the Conciliation Conference where possible.
If the responding party intends to file counterclaims or cross-claims, the same shall be filed prior to the Conciliation Conference, where possible.
Page 23
Service and Proof of Service Rules
After the Court issues the rule, petitioner's counsel must serve the petition and rule on all other parties or their counsel.
After the Court issues the rule, counsel for the petitioner must serve the petition and rule upon all other parties or their counsel.
Page 9 | Rule 206.1(a) Petition. Definition. Content. Form — Emergency Relief
The moving party must serve the motion, any proposed order, and any order scheduling argument or an evidentiary hearing on opposing counsel and all unrepresented parties.
The moving party shall serve a copy of the motion, any proposed order and any order scheduling Argument or an Evidentiary Hearing on opposing counsel and all unrepresented parties.
Page 10 | Rule 208.3(a) Alternative Procedures
The filing party must forward the motion and order to the Arbitration Panel Chairperson and serve the motion and order granting or denying the continuance on the Chairperson, counsel of record, and all pro se parties.
the denial. The Court shall forward the Order granting or denying the continuance to the Prothonotary for filing. The moving party shall serve a copy of the motion and order granting or denying the continuance to the Arbitration Panel Chairperson, counsel of record, and all pro se parties.
Page 12 | Rule 216 Continuances
The moving party must serve counsel of record and all pro se parties with the motion and the order granting or denying the continuance.
The moving party shall serve a copy of the motion and order granting or denying the continuance to counsel of record, and all pro se parties.
Page 12 | Rule 216 Continuances
The moving party must serve opposing counsel and all unrepresented parties with the motion, any proposed order, and any order setting argument or a briefing schedule.
The moving party shall serve a copy of the motion, any proposed order and any order scheduling argument or setting up a briefing schedule on opposing counsel and all unrepresented parties.
Page 13 | CIVIL ACTIONS — Rule 1028(c) Preliminary Objections
A copy of the arbitration praecipe must be delivered immediately to Court Administration and all other counsel.
A copy of the arbitration praecipe shall immediately be delivered to Court Administration and all other counsel.
Page 15 | COMPULSORY ARBITRATION
A copy of the appeal must be transmitted immediately to Court Administration.
A copy of said Appeal shall be transmitted immediately to Court Administration.
Page 17 | Rule 1308 Appeal. Arbitrators’ Compensation. Notice
The Chairman must give written notice of hearing assignments, times, and locations at least 30 days in advance, either directly or through the Prothonotary for service.
C. The Chairman shall notify each of the members of the Arbitration Board of their respective assignment(s) and each of the members of the Arbitration Board, counsel of record and all unrepresented parties of the time and location of the hearings scheduled for that Arbitration day. Such notice shall be in writing and shall provide not less than thirty (30) days notice to the parties or their attorneys of record. The Chairman may send out said notice to all indicated parties or provide the same to the Prothonotary for service.
Page 17 | COMPULSORY ARBITRATION
The Prothonotary must send notice of the scheduled Pre-trial Conference to counsel of record and unrepresented parties.
The Prothonotary shall send notice thereof to counsel of record and unrepresented parties.
Page 17 | Rule 1308 Appeal. Arbitrators’ Compensation. Notice
The complaints or petitions, notices, and orders referenced in the commencement rule must be served in accordance with Pennsylvania Rule of Civil Procedure 1930.4.
Service of any complaint or petition, notice and order referenced herein above shall be in accordance with Pa. R.C.P. 1930.4.
Page 18 | Rule 1915.3-1 Commencement of Action
A copy of a child-attendance request must be furnished to the other party no later than seven days before the scheduled conference.
and shall furnish a copy of said request to the other party no later than seven (7) days prior to the scheduled conference.
Page 19 | Rule 1915.3-3 Conciliation Process
The moving party must serve the continuance and order by prepaid first-class mail to counsel of record or, if unrepresented, to the parent at the last known address of record.
The moving party shall serve said continuance and order to counsel of record or the parent, if they are proceeding unrepresented, at the last known address of record via first class mail postage pre-paid.
Page 20 | Rule 1915.3-3 Conciliation Process
The moving party’s counsel must serve the conciliation scheduling order on the respondent under Pennsylvania Rules of Civil Procedure, and the petitioner must file an affidavit verifying service at least ten calendar days before the conference.
Counsel for the moving party shall serve a copy of the Scheduling Order for Conciliation upon the Respondent in accordance with Pennsylvania Rules of Civil Procedure. The petitioner shall file an Affidavit of Service verifying that the defendant was served at least ten (10) calendar days prior to the Conciliation Conference.
Page 20 | Rule 1915.3-3 Conciliation Process
At the conference, each party must provide the conciliator and the other parties with a pre-hearing statement in the substantially prescribed form, to the extent information is available.
At the conference, each party shall provide the conciliator and each other with a pre-hearing statement substantially in the form provided in Local Rule 1915.26 insofar as said information is then available.
Page 21 | Rule 1915.3-4 Pre-Hearing Statement
The Conference Summary Report becomes part of the Court records, and a copy must be provided to the parties.
This report shall become a part of the Court records and a copy thereof shall be provided to the parties.
Page 22 | Rule 1915.3-7 Report of Conciliator and Proposed Order
When serving the divorce complaint, the moving party must serve the responding party with the seminar attendance order and provide the program brochure or registration form.
The moving party shall serve the responding party with a copy of the Court Order directing attendance at the Seminar at the time a Divorce Complaint is served. A program brochure/registration form shall also be provided by the moving party to the responding party at the time of service of the complaint.
Page 25 | Rule 1919 Mandatory Seminar for Separating Parents
Each party must serve the mediation statement on the other party at least ten days before mediation.
At least ten (10) days prior to the mediation, each party shall file and serve on the other party a mediation statement which must include the following: (1) a succinct explanation of the facts and relief sought; (2) significant legal issues that remain unsolved; (3) summary of medical and expert reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale.
Page 3 | Rule 1.6 Orphans' Court Mediation Program
After a public sale is allowed, the petitioner must notify each interested party at least twenty days before the proposed sale; notice may be sent by first-class mail.
After allowance of public sale of real property, the petitioner shall, in addition to such notice as required by law, give notice of the sale to each interested party. The notice may be given by first class mail and must be given at least twenty (20) day prior to the date of the proposed sale.
Page 4 | Rule 5.10 Public Sale of Real Property
Notice of the sale must be published at least once in a newspaper of general circulation in the county where the property is located.
In addition, notice of the sale must be published at least one time in a newspaper of general circulation in the county where the real property is located.
Page 4 | Rule 5.10 Public Sale of Real Property
Ten days' written notice of intent to present the petition must be given to nonjoining unpaid beneficiaries, heirs, and claimants, or to the Attorney General if the heirs are unknown.
that ten days' written notice of intention to present the petition has been given to every unpaid beneficiary, heir or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown;
Page 5 | Rule 5.16-1 Procedure under §3102
The auditor’s report and signed Decree Nisi must be mailed to attorneys who appeared before the auditor and to unrepresented exceptants who appeared.
A copy of said report and the signed Decree Nisi shall be mailed via regular mail to all attorneys who appeared before him and all exceptants who appeared without attorneys.
Page 7 | Rule 9.6 Notice of Filing Report
Initial hearing notice must be mailed at least 20 days before the hearing to the specified attorneys, heirs, creditors, and qualifying agencies; unrepresented parties receive notice at their last known address of record.
Notice of the initial hearing shall be given by regular mail not less than twenty (20) days before the date of the schedule hearing to the counsel of record for the Estate, counsel of record for the exceptant(s), each heir at the last known address, to each unpaid creditor and to the Department of Revenue, the Department of Human Services, or other agency of the Commonwealth of Pennsylvania, if such Department or agency has, according to the information of the Clerk, a claim against the estate to be audited. If a party is unrepresented, notice shall be mailed to the last known address of record.
Page 7 | Rule 9.1 Notice of Hearings
If the respondent to the Petition for Emergency Relief has counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, notify the respondent’s counsel of record of the intent to file the petition as early as possible. If there is no counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, make a good faith effort to notify the pro se respondent of the intent to file the petition as early as possible.
If the respondent to the Petition for Emergency Relief has counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, notify the respondent’s counsel of record of the intent to file the petition as early as possible. If there is no counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, make a good faith effort to notify the pro se respondent of the intent to file the petition as early as possible.
Page 8 | Rule 206.1(a) Petition. Definition. Content. Form — Emergency Relief
The Chairperson must forward a copy of the award for each listed case to Court Administration.
A copy of said award shall be forwarded to Court Administration by the Chairperson for each case listed.
Page 16 | Rule 1302 List of Arbitrators. Appointment to Board. Oath
Filing Fees and Waivers
An appeal from an arbitrators’ award must be accompanied by a non-refundable filing fee.
An Appeal from an Award of Arbitrators shall be filed in the Office of the Prothonotary in duplicate and shall be accompanied by the non-refundable filing fee.
Page 17 | Rule 1308 Appeal. Arbitrators’ Compensation. Notice
The seminar registration fee is $45, and only Penn State may grant a request to waive or reduce it.
Within sixty (60) days after service, both parties are required to register and attend the program by mailing the pre-printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. Any requests for waiver or reduction of attendance fee can only be granted by Penn State.
Page 26 | Rule 1919 Mandatory Seminar for Separating Parents
A court-determined deposit must be paid to the Prothonotary when filing a motion to appoint a master, and it is applied to the approved master’s bill of cost.
Rule 1920.51 Payment of Deposit for Appointment of Master. A deposit as determined by the Court in separate order shall be paid to the Prothonotary at the filing of the Motion for the appointment of a master. Said deposit shall be applied to the Master’s bill of cost as submitted by the Master and approved by the Court.
Page 27 | Rule 1920.51 Payment of Deposit for Appointment of Master
When exceptions are filed, the first party to file them must pay all outstanding master’s fees and costs, regardless of the Master’s recommended allocation.
If exceptions are filed, the first party filing exceptions must pay in full all outstanding master’s fees and costs as set forth on the Master’s Bill of costs, regardless of the recommendation of the Master as to allocation of the payment.
Page 28 | Rule 1920.55-2 Master’s Report. Notice. Exceptions. Final Decree
A continuance made less than five business days before the scheduled arbitration date requires the moving party to pay a relist fee, except in extenuating circumstances.
Any continuances made less than five (5) business days prior to the scheduled arbitration date, except for extenuating circumstances, will require the moving party to pay a relist fee.
Page 12 | Rule 216 Continuances
A party seeking a continuance less than five business days before the scheduled arbitration must pay a $25 relist fee, except in extenuating circumstances.
Any continuances made less than five (5) business days prior to the scheduled arbitration date in accordance with Local Rule 216, except for extenuating circumstances will require the moving party to pay a $25.00 relist fee to the Prothonotary’s Office.
Page 16 | Rule 1302 List of Arbitrators. Appointment to Board. Oath
Each party selected for mediation must pay the mediation fee to the Clerk of the Orphans' Court; the fee is set by administrative order.
Each party to the case selected for mediation shall pay a mediation fee to be made payable to the Clerk of the Orphans' Court and submitted to the Clerk of the Orphans' Court. The mediation fee shall be set by administrative order, and information with regard to the fee shall be available from the Clerk of the Orphans' Court.
Page 3 | Rule 1.6 Orphans' Court Mediation Program
The parties must share equally the costs of court-ordered private mediation, subject to the Court ensuring that no party bears an unfair or unreasonable economic burden.
All parties shall bear equally the costs of any Court-ordered private mediation; provided, however, that the Court shall take appropriate steps to assure that no referral to ADR results in an unfair or unreasonable economic burden on any party.
Page 4 | Rule 1.6 Orphans' Court Mediation Program
The Court may address master’s fees and costs when it disposes of the exceptions.
The Court may address the issue of master’s fees and costs at the time of the disposition of the exceptions.
Page 28 | Rule 1920.55-2 Master’s Report. Notice. Exceptions. Final Decree
Courtesy Copy Requirements
A courtesy copy of the original brief must be provided to the Court Administrator for transmittal to the appropriate Judge.
The original brief shall be filed with the Prothonotary’s Office with a Courtesy copy to the Court Administrator for transmittal to the appropriate Judge.
Page 10 | Rule 208.3(b) Alternative Procedures – Brief Required
Pre-Motion Conference Requirements
Thereafter, the Court may require the parties to submit briefs in support of their respective positions.
Thereafter, the Court may require the parties to submit briefs in support of their respective positions.
Page 13 | CIVIL ACTIONS — Rule 1028(c) Preliminary Objections
If the Court determines that briefs will be necessary in order to dispose of the Preliminary Objections or if requested by a party, either before or after Argument, a briefing schedule shall be set by the Court.
If the Court determines that briefs will be necessary in order to dispose of the Preliminary Objections or if requested by a party, either before or after Argument, a briefing schedule shall be set by the Court.
Page 13 | CIVIL ACTIONS — Rule 1028(c) Preliminary Objections
The Court must set a briefing schedule if it determines briefs are necessary or a party requests one before or after argument.
If the Court determines that briefs are necessary or if requested by a party, either before or after Argument, a briefing schedule shall be set by the Court.
Page 14 | CIVIL ACTIONS — Rule 1034(a) Motion for Judgment on the Pleadings
Adjournment & Extension Requirements
For a continuance of a matter scheduled before a Judge, the motion must state its grounds, prior continuances, and the other parties’ position or contact efforts, and be filed and presented at least five business days beforehand when circumstances allow.
Where a party seeks a continuance for matters scheduled before a Judge, that party shall file with the Prothonotary a Motion for a Continuance and order that will allow the Court to either grant or deny said motion. The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties. The motion shall be filed and presented to the Court at least five (5) business days prior to the scheduled proceeding where the circumstances for the continuance allow.
Page 11 | Rule 216 Continuances
For a continuance of a matter scheduled before an arbitration panel, the motion and proposed order must be filed and presented at least five business days before the proceeding, and the motion must state its grounds, prior continuances, and the other parties’ position or contact efforts.
Where a party seeks a continuance for a matter scheduled before an arbitration panel, that party shall file, with the Prothonotary, a Motion for a Continuance and order that will allow the Court to either grant or deny said motion. The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties. The motion shall be filed and presented to the Court at least five (5) business days prior to the scheduled proceeding.
Page 12 | Rule 216 Continuances
If the proceeding relates to a support matter, the same procedures applies as in paragraph (i) of this rule above except, the moving party shall file the Motion for Continuance with the Domestic Relations Office. Said motion shall be forwarded to the Judge for consideration. The moving party shall notify Domestic Relations and indicate in the motion, if their office objects to said motion prior to the filing of the motion.
If the proceeding relates to a support matter, the same procedures applies as in paragraph (i) of this rule above except, the moving party shall file the Motion for Continuance with the Domestic Relations Office. Said motion shall be forwarded to the Judge for consideration. The moving party shall notify Domestic Relations and indicate in the motion, if their office objects to said motion prior to the filing of the motion.
Page 12 | Rule 216 Continuances
A continuance sought for a reason other than an agreement requires a motion filed and presented at least five business days before the proceeding when circumstances allow; the rescheduled date may not be more than 90 days after assignment.
If a party or counsel desires a continuance of the Conciliation Conference for any reason other than an agreement, that party shall file a motion for a continuance with the Prothonotary. The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties. The motion shall be filed and presented to the Court at least five (5) business days prior to the scheduled proceeding where the circumstances for the continuance allow. The moving party shall serve said continuance and order to counsel of record or the parent, if they are proceeding unrepresented, at the last known address of record via first class mail postage pre-paid. The rescheduled date shall not be more than ninety (90) days from the date of assignment by the Court Administrator.
Page 20 | Rule 1915.3-3 Conciliation Process
An extension to complete the seminar requires court approval, and the request must be made in writing and forwarded to Court Administration.
Court approval is required for an extension of time to complete the seminar. Said requests for extension shall be made in writing and forwarded to Court Administration.
Page 26 | Rule 1919 Mandatory Seminar for Separating Parents
The grounds for a continuance in any matter are those set forth in Pa.R.C.P. 216.
(a) Grounds for continuances in any matter shall be those set forth in Pa.R.C.P. 216.
Page 11 | Rule 216 Continuances
At the hearing, the Court will grant continuance requests liberally to help resolve the matter without a full hearing.
The Court will grant liberally, at the time of the hearing, continuance requests in an effort to resolve the matter short of a full hearing.
Page 17 | Rule 1901.2 Scheduling
By mutual agreement, the parties may obtain a 30-day continuance to finalize an agreement after giving the conciliator one business day’s notice; if no agreement is presented or rescheduling requested within that period, a new motion and scheduling order are required to schedule another conference.
If the parties believe they have an agreement which has not been fully executed, by their mutual agreement and upon 1 (one) business day’s notice to the Conciliator, the conciliation may be generally continued for thirty (30) days to allow the parties to execute the agreement. Said agreement shall be finalized in accordance with Local Rule 1915.3-8. If after thirty (30) days the parties have neither presented an Agreement nor requested the conciliation to be re-scheduled, then the Conciliator will relinquish jurisdiction and a new motion and scheduling order will be required to schedule a new date for the conciliation. If before the end of the thirty day continuance it appears that the parties are unable to reach an agreement, either party may make a request that the conciliation be re-scheduled to the Conciliator.
Page 20 | Rule 1915.3-3 Conciliation Process
Chambers Communication Rules
A filer must contact the Court Administrator as soon as the decision to file an emergency-relief petition is made, determine when a judge will be available, and arrange presentation according to that availability.
The attorney or pro se party filing the Petition for Emergency Relief shall contact the Court Administrator as soon as it is determined that a Petition for Emergency Relief will be filed and shall seek to determine a time when a Judge will be available to review the petition. The attorney or pro se party shall arrange to present the Petition for Emergency Relief to the Court based on the Judge’s availability.
Page 8 | Rule 206.1(a) Petition. Definition. Content. Form — Emergency Relief
After filing an emergency-relief petition, the filer may deliver the time-stamped petition to the Court Administrator for presentation to an available judge, or directly to the judge if the Administrator is unavailable, through the Prothonotary’s Office, by hand, or by facsimile.
Upon filing the Petition for Emergency Relief, the attorney or pro se party may deliver the petition to the Court Administrator for presentation to the available Judge or deliver directly to the Judge if the Court Administrator is unavailable. Said delivery of the time stamped petition may be through the Prothonotary’s Office, by hand delivery or by facsimile.
Page 8 | Rule 206.1(a) Petition. Definition. Content. Form — Emergency Relief