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

CRITICAL

Applies to

Motion

A motion identified as uncontested must include either the written consent of opposing counsel and unrepresented parties or a certification of contact and nonopposition.

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.

CRITICAL

Applies to

Divorce complaint

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.

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

CRITICAL

Applies to

Published public notice

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.

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.

CRITICAL

Applies to

Pre hearing information

Pre-hearing information calls for a witness list, issues for resolution, the estimated trial length, and other reports; available expert reports should be attached.

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.

CRITICAL

Applies to

Agreement of reference

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.

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.

CRITICAL

Applies to

Petition

A petition seeking a Rule to Show Cause must be accompanied by an order in the form prescribed by Pa. R.C.P. No. 206.5.

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.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must include a proposed order stating the requested relief.

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.

CRITICAL

Applies to

Custody filing

A Scheduling Order for Custody Court must be filed with the specified custody pleading.

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.

CRITICAL

Applies to

Complaint

Each custody, partial custody, visitation, or modification complaint must include one of the specified averments about the separated-parents education program.

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.

CRITICAL

Applies to

Stipulation

Must include

proposed order

The settlement filing must include an original and three copies of the fully executed stipulation and three proposed orders of Court.

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.

CRITICAL

Applies to

Praecipe to withdraw

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.

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.

CRITICAL

Applies to

Continuance motion

A continuance motion must state its grounds, whether previous continuances were granted, and whether other parties object or what efforts were made to contact them.

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.

CRITICAL

Applies to

Petition under section 3546

A petition for determination of title under section 3546 must include the listed petitioner, claim, decedent, real-property, creditor, and title information.

(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.

CRITICAL

Applies to

Seminar registration form

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.

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.

CRITICAL

Applies to

Request for court appointed mediator

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.

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.

CRITICAL

Applies to

Petition under section 3546

A section 3546 petition must include the notice given to creditors and interested parties, or notice to the Attorney General if the heirs are unknown, and a copy of the decedent's will.

(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.

CRITICAL

Applies to

Affidavit of service

The petitioner must file an affidavit of service verifying that the defendant was served at least ten calendar days before the conciliation conference.

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.

CRITICAL

Applies to

Motion

Every motion must cite the applicable legal authority permitting the requested relief.

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.

CRITICAL

Applies to

Pre hearing conference materials

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.

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.

CRITICAL

Applies to

Scheduling order

When a Motion for Judgment on the Pleadings requires oral argument, the party seeking argument must submit a blank scheduling order upon filing with the Prothonotary.

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.

CRITICAL

Applies to

Pre hearing information

Pre-Hearing Information must be submitted at the Conciliation Conference in substantially the stated form, addressing the listed parenting-plan information.

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

CRITICAL

Applies to

Arbitration praecipe

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.

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.

CRITICAL

Applies to

Time estimate

The Estate and each exceptant must provide the auditor an estimate of the time needed to present their case.

The Estate and exceptant(s) shall each provide to the auditor an estimate of the amount of time needed to present their case.

CRITICAL

Applies to

Divorce complaint

In covered divorce proceedings involving a child under eighteen, every complaint must include the additional information required by Perry or Juniata County Civil Rule 1920.12.

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.

CRITICAL

Applies to

Divorce complaint

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.

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.)

CRITICAL

Applies to

Affidavit of service

The affidavit of service must state that the opposing party was advised of the seminar attendance requirement and served with the registration form.

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.

CRITICAL

Applies to

Petition

An appeal petition must state the nature of the proceeding before the Register and the basis for the appeal.

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

CRITICAL

Applies to

Divorce complaint

The covered divorce complaint must have attached an order directing seminar attendance in the form specified by Perry or Juniata County Civil Rule 1920.12(3).

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).

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

A motion for a continuance of a matter scheduled before an arbitration panel must be filed with an order that would allow the Court to grant or deny the motion.

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.

CRITICAL

Applies to

Motion for judgment on the pleadings

A Motion for Judgment on the Pleadings is received with a scheduling order under Pa. R.C.P. 1034; the Court may then schedule argument.

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.

CRITICAL

Applies to

Mediation statement

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.

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.

CRITICAL

Applies to

Petition

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.

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.

CRITICAL

Applies to

Pre hearing statement

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.

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.

CRITICAL

Applies to

Executed stipulation

Counsel must forward a copy of the executed stipulation to the conciliator.

Counsel shall forward a copy of the executed stipulation to the Conciliator.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

A motion for a continuance of a matter scheduled before a Judge must be filed with an order that would allow the Court to grant or deny the motion.

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.

CRITICAL

Applies to

Scheduling order

When preliminary objections require oral argument, the party seeking argument must submit a blank scheduling order upon filing with the Prothonotary.

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.

CRITICAL

Applies to

Divorce complaint

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 there are children under the age of eighteen (18) years born of the marriage, the complaint shall include one of the following averments:

CRITICAL

Applies to

Scheduling order

If a party seeks oral argument, the moving party must submit a blank scheduling order to the Court when 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.

CRITICAL

Applies to

Petition

The petition must include the names and addresses of all interested parties, including those not 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.

CRITICAL

Applies to

Certificate of appointment of fiduciary

The Clerk may not issue a fiduciary appointment certificate until any security required by the Court has been entered.

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.

CRITICAL

Applies to

Scheduling order

The moving party must submit a scheduling order for preliminary objections.

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.

CRITICAL

Applies to

Conference summary report

The Conference Summary Report must contain facts gathered by the conciliator during the conference.

This report shall contain facts gathered by the conciliator during the conference.

CRITICAL

Applies to

Petition or answer to petition

A petition or answer alleging facts not otherwise on the record must include a verification.

A petition or answer to a petition containing an allegation of fact not otherwise on the record must be accompanied by a verification.

CRITICAL

Applies to

New conciliation motion and scheduling order

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.

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.

CRITICAL

Applies to

Brief

Briefs must include the listed procedural history, facts, questions, argument with citations, and conclusion.

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.

CRITICAL

Applies to

Scheduling order

For a matter requiring oral argument, the party seeking argument must submit a blank scheduling order when filing the document with the Prothonotary.

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.

CRITICAL

Applies to

Petition under section 3102

A section 3102 petition must have the listed will, consents, notice, and inheritance-tax document attached.

(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.

CRITICAL

Applies to

Pre hearing statement

The pre-hearing statement must substantially follow the form in Local Rule 1915.26, insofar as the 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.

CRITICAL

Applies to

Order and notice

The Order and Notice must include either the program registration and attendance directive or the stated alternative for parties who already attended.

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 _________."

CRITICAL

Applies to

Custody filing

The specified custody filings must contain the information required by Local Rules 1915.15 and 1920.12.

Said documents shall contain the information as required by Local Rules 1915.15 and 1920.12 as provided therein.

CRITICAL

Applies to

Petition under section 3102

A petition for settlement of a small estate under section 3102 must include the listed information and requested relief.

(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.

CRITICAL

Applies to

Notice order and complaint

For covered custody and visitation proceedings, each Notice Order and complaint must include the additional information required by Perry or Juniata County Civil Rule 1915.15.

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.

CRITICAL

Applies to

Brief

The original brief must be filed with the Prothonotary’s Office.

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.

CRITICAL

Applies to

Certificate of right to do business

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.

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.

CRITICAL

Applies to

Petition

A petition seeking emergency relief must be identified as an emergency petition in its title.

Where a party files a petition seeking emergency relief, said petition shall be designated as such in the title of the petition.

WARNING

Applies to

Arbitration report and award

Board members are not entitled to receive their fees until a report and award have been filed with the Prothonotary.

The members of the board shall not be entitled to receive their fees until after filing a report and award with the Prothonotary.

WARNING

Applies to

Order denying continuance

A denial of a continuance motion must be in writing and state the reason for denial.

Any denial of the motion shall be in writing and state the reason for the denial.

WARNING

Applies to

Child attendance request

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.

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

INFO

Applies to

Telephone participation request

A party may request telephone participation in writing from the Court Administrator, but the Court may allow or deny it.

Upon written request of a party, the Court may allow participation by telephone. Such request shall be made to the Court Administrator.

INFO

Applies to

Motion

A motion need not be verified unless a governing general rule or Court order requires verification.

A motion need not be verified unless verification is required by general rule governing a particular motion or by order of Court.

INFO

Applies to

Formal appraisal

A formal appraisal is not required unless the Court orders one.

(c) Appraisal. No formal appraisal is required, unless ordered by the Court.