Court of Common Pleas of Lackawanna County, Pennsylvania Document Format Requirements

CRITICAL

Format

PDF

The Clerk of Courts must convert submitted hard-copy papers to PDF and add them to the system, and the PDF is treated as the original for all purposes.

The Clerk of Courts shall convert such hard-copy legal paper to PDF and add it to the system, except those legal papers excluded from electronic filing pursuant to Pa.R.Crim.P. 576.1(C). Once converted to PDF, the PDF version of the legal paper shall be deemed and treated as the original legal paper and may be used by the parties and the Court for all purposes, including but not limited to, court hearings and trials.

CRITICAL

The financial worksheet must use the format set forth in Form 14 of the Appendix.

The defendant/borrower shall be entitled to participate in a court-supervised conciliation conference with the plaintiff/borrower in all residential mortgage foreclosure actions in which the defendant/borrower: (i) has been served with a Notice of Residential Mortgage Foreclosure Diversion Program pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b), 1143(a) or 3129.1(c); (ii) has completed a financial worksheet in the format set forth in Form 14 of the Appendix in advance of the Conciliation Conference; and (iii) has filed and served a Request for Conciliation Conference.

CRITICAL

Each settlement offer made under Pa. R.Civ.P. 238(b), and each response to it, must be in writing and dated.

Each settlement offer made pursuant to Pa. R.Civ.P. 238(b) and each response given to such offer shall be in writing and dated.

CRITICAL

Each requested point for charge must be framed as one request answerable by a single affirmation or negation.

Points to be requested shall be framed so that each constitutes a single request which may be completely answered by a single affirmation or negation.

CRITICAL

The Request for Conciliation Conference must use the format set forth in Form 9 of the Appendix.

(e) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversion Program” to be eligible to participate in a court-supervised conciliation conference, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.

CRITICAL

The Request for Conciliation Conference must use the format set forth in Form 9 of the Appendix.

(c) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the “Notice of Residential Mortgage Foreclosure Diversion Program” to be eligible to participate in a court-supervised conciliation conference under this Rule, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.

CRITICAL

The financial worksheet must use the format attached to the notice.

If you are represented by a lawyer, it is not necessary for you to contact one of the housing counseling agencies. However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender.

CRITICAL

In other cases, a protective-order motion must be written; failing to present it within 15 days of suspension waives the objection and the deposition resumes on reasonable notice.

In all other cases, the motion must be in writing and presented to the Discovery Motions Court Judge as provided in Lacka.Co.R.C.P. 4000 herein except that, upon failure to present such motion within fifteen (15) days of the suspension of the taking of the deposition, the objecting party or deponent will be deemed to have waived the objection whereupon the taking of the deposition shall be resumed on reasonable notice to all interested parties and deponent.

CRITICAL

The required foreclosure diversion notice must use the format set forth in Form 11 of the Appendix.

As a condition precedent to the filing of a motion for judgment on the pleadings in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a “Notice of Residential Mortgage Foreclosure Diversion Program” in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka. Co. R.C.P. 1143.

CRITICAL

Applies to

Transcript request

Transcript requests must use the standardized Request for Transcript form available in filing offices and on the Court Administration website.

(A) All requests for transcripts shall be set forth on the standardized Request for Transcript form available in all filing offices and at the Lackawanna County Court Administration website.

CRITICAL

New civil actions must be filed on letter-size paper at the specified Office of the Clerk of Judicial Records.

All new civil actions are to be filed on 8 1/2 " x 11" paper in the Office of the Clerk of Judicial Records, Lackawanna County Courthouse, 200 N. Washington Avenue, Scranton, PA 18503.

CRITICAL

Briefs must be typewritten and printed or otherwise duplicated on 8½-by-11-inch paper.

All briefs shall be typewritten and printed or otherwise duplicated on 8 \frac{1}{2} by 11 paper

CRITICAL

Applies to

Objection

Objections to accounts and statements of proposed distribution must be submitted in writing.

Objections to accounts and/or statements of proposed distribution may be made at any time prior to the day set forth for submission by the Clerk of the account to the Court by filing such objection in writing in the Clerk's office.

CRITICAL

Applies to

Affidavit

An individual surety must submit an affidavit on the Clerk’s printed form and file it with the bond when the bond is submitted for approval.

(a) Individual Sureties. Individuals proposed as sureties on bonds of fiduciaries shall make an affidavit on the printed form supplied by the Clerk, setting forth the facts required thereby. Such affidavit shall be filed together with the bond when that is filed for approval.

CRITICAL

The Case Management Proposal must substantially comply with Form 15 in the attached Appendix.

a Case Management Proposal in substantial compliance with Form 15 in the attached Appendix.

CRITICAL

Schedule objections must be written, consecutively numbered, and signed; each must specifically identify the description and amount, raise one issue, and briefly state supporting reasons, subject to the stated same-issue grouping exception, and may not raise matters previously raised or that could have been raised earlier.

Such objections may raise questions relating only to the schedule itself and shall in no event raise questions which were or could have been raised previously, by claims, or by objections to the account or petition for adjudication. Objections to schedules shall be in writing, numbered consecutively, signed by the objector or his or her attorney, and each objection shall (1) be specific as to description and amount; (2) raise but one issue of law or fact, but if there are several objections to items included in or omitted from the schedule relating to the same issue, all such objections shall be included in the same objection; and (3) set forth briefly the reason or reasons in support thereof.

CRITICAL

The Request for Conciliation Conference must use the format set forth in Form 9 of the Appendix.

If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the "Notice of Residential Mortgage Foreclosure Diversion Program" to be eligible to participate in a court-supervised conciliation conference under Lacka. Co. R.C.P. 1143.1, the defendant/borrower shall file a Request for Conciliation Conference in the format set forth in Form 9 of the Appendix.

CRITICALCriminal cases

The ARD application must use the form provided by the District Attorney's office.

The ARD application must be in form provided by the District Attorney's office

CRITICAL

The Notice of Residential Mortgage Foreclosure Diversion Program must use the format set forth in Form 8 of the Appendix.

In addition to the Civil Cover Sheet bearing the case code designation "RP/MF/RES," the complaint shall include a "Notice of Residential Mortgage Foreclosure Diversion Program" in the format set forth in Form 8 of the Appendix.

CRITICAL

Serially number exhibits without identifying whether they are offered by the plaintiff or defendant.

(a) The exhibits shall be serially numbered without any designation as to whether they are being offered by plaintiff or defendant.

CRITICAL

The pre-trial statement must substantially follow the specified form or another form required by the assigned judge.

For the pre-trial conference, each party shall submit to the court and serve on all other parties at least seven (7) days prior to the scheduled time of the conference, a pre-trial statement substantially in the form set forth in Plaintiff/Defendant Pre-Trial Conference Statement or such other form as shall be required by the assigned judge.

CRITICAL

The residential mortgage foreclosure diversion notice must use the format set forth in Form 11 of the Appendix.

(b) As a condition precedent to the filing of a motion for summary judgment in a residential mortgage foreclosure action involving a residential property which serves as the primary residence of the defendant/borrower, the plaintiff/lender must serve upon the defendant/borrower a “Notice of Residential Mortgage Foreclosure Diversion Program” in the format set forth in Form 11 of the Appendix, unless such a Notice has already been served pursuant to Lacka. Co. R.C.P. 1143.

CRITICAL

The Notice of Residential Mortgage Foreclosure Diversion Program must use the format set forth in Form 12 of the Appendix.

which serves as the primary residence of the defendant(s)/borrower(s), and unless the defendant(s)/borrower(s) has already been served with the required “Notice of Residential Mortgage Foreclosure Diversion Program” pursuant to Lacka. Co. R.C.P. 205.2(b), 1034(b), 1035.2(b) or 1143(a), the plaintiff/lender must serve a “Notice of Residential Mortgage Foreclosure Diversion Program” upon the defendant(s)/borrower(s) in the format set forth in Form 12 of the Appendix and file an “Affidavit Pursuant to Lacka. Co. R.C.P. 3129.1” in the format set forth in Form 13 attesting either that: (1) the defendant(s)/borrower(s) has not opted to participate in the “Residential Mortgage Foreclosure Diversion Program;” or (2) the defendant(s)/borrower(s), has participated in a court-supervised conciliation conference, but the residential mortgage foreclosure claim has not been resolved and no further conciliation conferences are scheduled.

CRITICAL

If a deposition is being taken within the Lackawanna County Courthouse and demand is made for its suspension, a motion for a protective order under Pa.R.Civ.P. 4012(b) shall be made immediately to the Discovery Motions Court Judge, if available, in which event the motion may be oral and heard. If the Discovery Motions Court Judge is not available, the motion for a protective order may be oral and shall be presented to the Discovery Motions Court Judge within forty-eight hours of the suspension of the taking of deposition.

If a deposition is being taken within the Lackawanna County Courthouse and demand is made for its suspension, a motion for a protective order under Pa.R.Civ.P. 4012(b) shall be made immediately to the Discovery Motions Court Judge, if available, in which event the motion may be oral and heard. If the Discovery Motions Court Judge is not available, the motion for a protective order may be oral and shall be presented to the Discovery Motions Court Judge within forty-eight hours of the suspension of the taking of deposition.

CRITICAL

Each requested special interrogatory must be framed as one request answerable by a simple affirmation or negation.

Any special interrogatories which are to be requested shall also be framed so that each constitutes a single request which may be answered by simple affirmation or negation.

CRITICALCriminal cases

Continuance motions made after preparation of the criminal trial list but before the scheduled trial date must be in writing.

Motions for continuances, if made at any time after the criminal trial list has been prepared but prior to the scheduled trial date, shall be in writing and served on the defendant and his counselor the Commonwealth, as the case may be.

CRITICAL

Physically mark the exhibits before trial in accordance with the exhibit schedule.

The exhibits shall be physically marked before trial in accordance with the schedule.

CRITICAL

The affidavit required by the rule must use the format set forth in Form 13 of the Appendix.

The affidavit required by this Rule shall be in the format set forth in Form 13 of the Appendix.

CRITICAL

The Notice of Residential Mortgage Foreclosure Diversion Program must use the Form 11 format for the stated stay procedure.

Following the service of the “Notice of Residential Mortgage Foreclosure Diversion Program” in the format prescribed in Form 11 of the Appendix, all proceedings shall be stayed for a period of sixty (60) days in order to afford the defendant/borrower an opportunity to qualify for participation in a court-supervised conciliation conference under Lacka. Co. R.C.P. 1143.1.

CRITICAL

The financial worksheet must use the format attached to the notice.

However, you and your attorney must complete a financial worksheet in the format attached hereto so that you will be able to submit a loan resolution proposal to your lender.

WARNING

The court may require a pre-trial order in the format specified in former Rule 212.1 and Appendix Form 5.

The court may in its discretion require the parties to submit a pre-trial order in the format contained in former Lacka. Co. R.C.P. 212.1. See Appendix, Form 5.

WARNING

Use alternate references for confidential information mentioned in a document and sequentially number each alternate reference on additional pages.

If you need to refer to a piece of confidential information in a document, use the alternate references. If you need to attach additional pages, sequentially number each alternate reference – i.e. SSN 3, SSN 4, etc.

WARNING

Applies to

Original transcript

Format

PAPER

The original transcript must be delivered to the filing office in paper format.

(5) Upon payment of the total cost of the transcript, the court reporter shall obtain the signature of the presiding judge on the original transcript and deliver the original transcript in paper format to the appropriate filing office. After the original transcript has been delivered to the appropriate filing office, paper and/or electronic copies shall be delivered to the ordering parties.

INFO

An existing drawing, plan, or blue print may be used if it is of adequate size and clarity.

(iii) If of adequate size and clarity, this exhibit may be an existing drawing, plan, or blue print.

INFO

In most instances, a geographical exhibit need not be to scale and need only show reasonably accurate features.

(ii) In most instances, it will not be necessary that the exhibit be to scale or contain other than reasonably accurate features of the geographical characteristics involved.

INFO

Unless the issues require exact scale, a simple single-line, hand-drawn sketch may be used as the exhibit.

(i) Except in those cases where the issues require the use of exact scale, the exhibit may be a simple single-line, hand-drawn sketch.

INFO

Attach additional pages to the Abuse Victim Addendum if necessary.

Attach additional page(s) if necessary.