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

CRITICAL

Applies to

Praecipe to place case at issue

Must include

certificate of service

A praecipe to place a case at issue must include the moving party’s certification that the notice was filed and served on all parties at least 90 days earlier.

No Praecipe to Place Case at Issue shall be filed unless the moving party also certifies that a Notice to Complete Discovery and Dispositive Motions has been filed and served upon all parties at least 90 days prior to the filing of a Praecipe to Place Case at Issue.

CRITICAL

Applies to

Transmitted record

The transmitting body must accompany the record with a certificate that it is complete, includes a full transcript, and complies with the applicable statutory record-creation provision.

When the record is transmitted, the municipal hearing board, local agency or equivalent body shall accompany the record with a certificate certifying that the record transmitted is complete, including a full transcript, and in accord with the statutory provision regarding the creation of a record before the board, agency or body.

CRITICALCivil cases

Applies to

Verification

The verification states that the petition’s statements are true and correct to the best of the petitioner's information, knowledge, and belief, and includes the statutory unsworn-falsification statement.

I, _____, hereby verify that the statements made in the foregoing petition are true and correct to the best of my information, knowledge and belief. This statement is made pursuant to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Dated: _____ BY: _____

CRITICAL

Applies to

Verification

A verification concerning criminal records or abuse history must be filed by the initial in-person contact with the Court or within 30 days after service of the initiating pleading, whichever occurs first.

You must file with the Court a verification regarding any criminal record or abuse history regarding you and any member of your household at the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or Judge or conciliation) or within thirty days of service of the initiating pleading, whichever occurs first.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a certificate signed by moving counsel stating that the required conference occurred and giving its exact time and place.

Any motion relating to discovery must be accompanied by a certificate signed by counsel for the moving party certifying that counsel has conferred telephonically or in person with opposing counsel and any unrepresented party with respect to each matter set forth in the discovery motion and was unable to resolve the differences which exist. The certificate shall set forth the exact time and place of the conference or consultation.

CRITICAL

Applies to

Praecipe for writ of execution

Must include

caption

The specified praecipe for a writ of execution must substantially follow the form provided.

The praecipe for a writ of execution for the attachment of personal earnings to satisfy a judgment for damages awarded to a judgment creditor-landlord for a residential lease permitted under 42 Pa.C.S.A. B8127 shall be in substantially the following form:

CRITICAL

In cases in which evidence is received by the court pursuant to subsection (a)(2)(i) of this Rule, after the close of the evidentiary proceedings, all parties shall submit proposed findings of fact to the court along with their respective briefs on the merits of the appeal in accordance with a schedule fixed by the court.

In cases in which evidence is received by the court pursuant to subsection (a)(2)(i) of this Rule, after the close of the evidentiary proceedings, all parties shall submit proposed findings of fact to the court along with their respective briefs on the merits of the appeal in accordance with a schedule fixed by the court.

CRITICAL

Applies to

Binding arbitration consent

The arbitration consent must substantially follow the prescribed form, including its acknowledgments and appeal limitation.

The consent shall be substantially in the following form: I, (Name of Party) , acknowledge that I have been fully informed of the procedures and consequences of binding arbitration and consent to binding arbitration under Rule L 1315. I agree that there shall be no appeal from the decision of the arbitrators under binding arbitration absent a clear showing of fraud, misconduct, corruption, or other irregularity, which caused an unjust, inequitable, or unconscionable award by the arbitrators, or that I was denied a hearing before the arbitrators. I further acknowledge that I have voluntarily and without undue influence or coercion executed and filed this consent. Date Plaintiff Defendant Date Plaintiff Defendant Date Plaintiff Defendant

CRITICAL

Applies to

Pretrial statement

A pretrial statement must include the items required by Pa.R.C.P. 212.2 and the additional items specified in Rule L212.2.

The pretrial statement shall contain all items described in Pa.R.C.P. 212.2 and the following:

CRITICAL

Applies to

Notice of praecipe to enter judgment by default

Every notice of a praecipe to enter judgment by default for failure to plead must include the listed Office of Lawyer Referral contact information.

The notice of every praecipe to enter judgment by default for failure to plead shall include the following name and address of the office from which the defendant can receive information about obtaining the services of a lawyer and getting legal help: Office of Lawyer Referral Third Floor Lawrence County Government Center 430 Court Street New Castle, PA 161 01 (724) 656-1921

CRITICAL

Applies to

Praecipe to place case at issue

A civil case is placed on the trial list by filing a Praecipe to Place Case at Issue.

Civil cases shall be placed on the list for trial by the filing of a Praecipe to Place Case at Issue.

CRITICAL

Applies to

Contested motion or discovery motion

Contested motions and discovery motions must include all written legal authority relied upon, either in the motion or attached to it.

All contested motions and discovery motions served upon opposing counsel and/or unrepresented parties shall include, either in the body of the motion or attached to the motion, all written legal authority upon which the moving party relies in support of the motion.

CRITICAL

Applies to

Claim for exemption

The claim form prompts the claimant to state the grounds, amount, and basis for the exemption, provide contact information for hearing notice, and verify the truth of the statements.

I, the above named defendant, claim exemption of personal earnings, including wages, from attachment for the following reasons (specify amount and basis of claim of exemption): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at Address Telephone Number I verify that the statements made in this claim for exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. B 4904, relating to unsworn falsification to authorities.

CRITICAL

Applies to

Ex parte or emergency motion

An ex parte or emergency motion may be considered only if the court is satisfied that immediate and substantial injury will occur before notice can be given, and the motion must describe the matter and injury that notice would cause to be sustained.

Ex parte and emergency motions shall not be considered unless the court is satisfied that immediate and substantial injury will be sustained by the moving party before notice can be effectuated. In such a case, the nature of the matter and a description of the immediate and substantial injury, which will be sustained if the notice required under these Rules would be provided, shall be set forth in the motion.

CRITICAL

Applies to

Arbitration award

If delay damages are awarded, their amount must be stated separately.

If damages for delay are awarded under Pa.R.C.P. 238, the amount shall be separately stated.

CRITICAL

Applies to

Pleading or other filing

The first page of every pleading or other filing must be an identification sheet containing the specified information and following Appendix A's format.

The first page of any pleading or other filing shall be an identification sheet setting forth the items of information specified below and typed according to the format presented in Appendix A.

CRITICAL

Applies to

Appeal

An appeal from a real estate assessment or tax exemption must be presented or filed as a petition for allowance of appeal.

All appeals from a real estate assessment or tax exemption by the Board of Assessment Appeals shall be presented or filed in the form of a petition for allowance of appeal.

CRITICAL

Applies to

Praecipe for argument

A moving party seeking oral argument must file a Praecipe for Argument concurrently with the motion; the District Court Administrator then forwards it to the court for scheduling.

(i) If the moving party desires oral argument, the moving party shall file a Praecipe for argument concurrently with the filing of the motion, at which time the District Court Administrator shall forward the praecipe to the court, which shall schedule argument;

CRITICAL

Applies to

Confidential information form

Complete and file the Confidential Information Form when filing the petition.

The Confidential Information Form must be completed and filed with the filing of a Petition for Modification of a Custody Order.

CRITICAL

Applies to

Petition for modification of a custody order

Use only each minor child’s initial and age, not their full name or date of birth.

Use only the initial and age of the minor child(ren), do not use the minor child(ren)’s full name(s) or date(s) of birth.

CRITICAL

Applies to

Conciliation conference statement

The conciliation conference statement must include the specified factual, damages, tort-option, expert-report, settlement, and negotiation information.

The conciliation conference statement shall include the following: (1) A brief narrative setting forth the factual basis supporting the claim or defense. (2) An itemized statement of each component of the claim for damages, including medical, hospital, dental and other health care expenses, a calculation of lost earnings and impairment of earning power, together with the basis therefore. The statement shall also include a calculation of the portion of the expenses or damages that are recoverable. (3) If applicable, whether the plaintiff has selected the limited or full tort liability option for an automobile insurance case. If a limited tort option applies, a statement to support eligibility for recovery of non-economic damages shall be included. (4) A copy of any experts' written reports (See Pa.R.C.P. 4003.5) shall be attached to the conciliation conference statement. It is contemplated by this Rule that all defense medical examinations shall have been completed and a written report thereof made available to the court and opposing counsel with the defendant's conciliation conference statement. (5) The plaintiff's settlement demand and the defendant's offer. (6) Detailed statement describing negotiations that have taken place to date.

CRITICAL

Applies to

Summary judgment motion

Must include

certificate of service

A motion for summary judgment must include a certificate confirming service on opposing counsel and unrepresented parties and stating the date and manner of service.

All motions for summary judgment shall be accompanied by a certificate, certifying that a true and correct copy of the motion for summary judgment has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list intended trial exhibits and indicate the parties' agreement or disagreement about each exhibit's authenticity and admissibility; listing an exhibit does not obligate the party to produce or offer it at trial.

A list of all exhibits which a party intends to use at trial. The party listing an exhibit shall be under no obligation to produce or offer that exhibit at the time of trial. The pretrial statement shall indicate the parties' agreement or disagreement as to the authenticity and admissibility of each exhibit.

CRITICAL

Applies to

Uncontested motion

Must include

proposed order

An uncontested motion must include a proposed order.

Uncontested motions, with a proposed order, shall be presented to the Office of the District Court Administrator during the court's normal business hours.

CRITICALCivil cases

Applies to

Petition for change of name

The petition form calls for the petitioner’s birth date and age, five-year continuous residence, any judgments or decrees of like character, requested name change, reasons, and requested order.

Petitioner, _____, by his undersigned attorney requests that this Court order a change of petitioner's name, pursuant to 54 Pa. Cons. Stat. § 701 et seq., and in support thereof makes the following averments: 1. Petitioner was born on _____ (date), and is over the age of 21 years. 2. During the five years preceding the filing of this petition down to and including the date thereof, petitioner has resided continuously at _____, Pennsylvania. 3. There are no judgments or decrees of like character of record against the petitioner. 4. Petitioner requests that his name be changed from _____ to _____. 6. The reasons for the requested change of name are the following: (a) (Insert appropriate reasons). WHEREFORE, petitioner respectfully requests that this Court enter an Order changing his name from _____ to _____. _____ Petitioner _____ (Address)

CRITICAL

Applies to

Minor claim compromise petition

A petition to compromise a minor's claim must be verified by the guardian and include the specified liability, damages, expense, settlement, counsel, fee, medical, and—when applicable—property-damage information.

A petition presented pursuant to Pa.R.C.P. 2039 seeking to compromise a minor's claim shall be verified by the guardian of the minor, and shall contain a statement describing the nature of the evidence relied upon to establish liability, the elements of damages, the injuries sustained, and a list of expenses incurred or reasonably anticipated. The petition shall also include the following: (1) A statement by counsel concerning his or her professional opinion regarding the desirability of the settlement and the reasons therefore; (2) A description of the services rendered; (3) A description of the amount of reimbursable expenses requested; (4) The amount of fees requested; (5) A statement by the attending physician concerning the injuries sustained by the minor, the treatment administered and the prognosis; and (6) In cases involving property damage claims, a statement by the party who made the repairs or who appraised the loss.

CRITICAL

Applies to

Motion

A contested or discovery motion may be presented only if an attached certificate confirms that the motion and written notice of its presentation date and time were provided to opposing counsel and unrepresented parties at least two business days beforehand, unless the opposing party or counsel consents in writing.

No contested motion or discovery motion may be presented unless counsel for the moving party has certified, by a certificate attached to the motion, that a copy of the motion and written notice of the date and time of presentation were provided to all opposing counsel and unrepresented parties at least two (2) business days before presentation of the motion unless consented to by opposing party or counsel in writing.

CRITICAL

Applies to

Criminal record abuse history verification form

When filing a custody complaint or modification petition, the plaintiff or petitioner must complete, sign, and file a verification form for the party and each household member.

Pursuant to Pa.R.Civ.P. 1915.3-2, when filing a Complaint for Custody or a Petition for Modification of a Custody Order, the plaintiff or petitioner shall complete, sign and file a Criminal Record/Abuse History Verification Form for the party and any member of that party’s household.

CRITICAL

Applies to

Certificate

The certificate for an uncontested motion must be substantially in the form provided in Appendix A.

(i) The form of certificate for an uncontested motion shall be substantially in the form provided in Appendix A to this rule.

CRITICAL

Applies to

Praecipe for writ of execution

The praecipe must certify that the requested earnings attachment is only to recover the specified residential lease damages or rent.

I further certify that the requested personal earnings attachment is only to recover damages for physical injuries to a residential leasehold and/or rent due in the residential lease.

CRITICAL

Applies to

Motion

A contested motion requiring more than 10 minutes of argument must be presented as an uncontested motion for argument, and its certification must state the estimated argument length.

Note: Contested motions requiring more than 10 minutes for argument shall be presented as an uncontested motion for argument and the certification shall include the estimated length of the time required for argument.

CRITICAL

Applies to

Petition for modification of custody order

The petitioner’s verification must state that the statements are true and correct and acknowledge the penalties for false statements.

I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

CRITICAL

Applies to

Order

When scheduling oral argument under the cited provisions, the court must include a briefing schedule in its order.

Upon the court scheduling oral argument in accordance with Rule L211(b)(2)(i) or Rule L211 (b) (2) (ii), the court shall include a briefing schedule in its order.

CRITICALCivil cases

Applies to

Petition for change of name

A name-change petition must state the petitioner's intent and reason, current residence, and residence history for the five years before filing.

The petition must set forth the following: - (1) The petitioner's desire and intention to change his or her name; - (2) The petitioner's reason for seeking a change of name; - (3) The petitioner's current residence; and - (4) The petitioner's residence or residence for and during the five years prior to the time of the filing of the petition.

CRITICAL

Applies to

Arbitration award

The award must dispose of all claims for relief and be signed by at least two arbitrators.

The award shall dispose of all claims for relief and be substantially in the form provided by the Prothonotary. The award shall be signed by at least two (2) of the three (3) arbitrators.

CRITICAL

Applies to

Certificate of service

The appellant must file a certificate of service identifying the recipients, method, and date of service of the petition.

(d) Appellant shall file of record a certificate of service stating to whom service of the petition was made and the method and date of service.

CRITICAL

Applies to

Pre hearing statements

Pre-hearing statements must be signed by the parties or their counsel.

The pre-hearing statements shall be signed by the parties or their counsel.

CRITICALCivil cases

Applies to

Proof of publication

At the hearing, the petitioner must present proof that notice was published as ordered.

At the hearing, the petitioner must present proof of publication of the notice in accordance with the court's order and must also submit official searches showing that there are no outstanding judgments or decrees of record against him or her in the county where he or she resides or in any other county where he or she has resided within five years of the filing of the petition for change of name.

CRITICAL

Applies to

Summary jury trial submission

Cases in a summary jury trial must be submitted to the jury using special verdict questions.

All cases subject to a summary jury trial shall be submitted to the jury by way of special verdict questions.

CRITICALCivil cases

Applies to

Petition for change of name

A name-change order requires presentation of the petition, proof of publication of notice, and proof that no judgments, decrees, or similar matters of record exist against the petitioner.

on consideration of the attached petition of _____ for change of name, and upon presentation of proof of publication of notice as required by law, together with proof that there are no judgments or decrees of record or any other matter of like character against petitioner

CRITICAL

Applies to

Praecipe

A praecipe to submit a motion on written briefs must state the scheduled argument’s date and time.

The praecipe shall state the date and time of the scheduled argument.

CRITICAL

Applies to

Preliminary objections

Must include

certificate of service

Preliminary objections must include a certificate confirming service on opposing counsel and unrepresented parties and stating the date and manner of service.

All preliminary objections shall be accompanied by a certificate certifying that a true and correct copy of the preliminary objections has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.

CRITICAL

Applies to

Petition

A petition to deposit settlement proceeds for a minor in a savings account or certificate of deposit must include an order containing the prescribed deposit and withdrawal language.

All petitions presented pursuant to Pa.R.C.P. 2039 where the proceeds of the settlement are to be deposited in a savings account or in a certificate of deposit shall have attached to the petition an order including the following language: "It is hereby ordered and decreed that the amount of $__________ shall be deposited in the name of _ _ _ _ _ _ _ _ (name of minor), a minor, by counsel of record in a savings account or certificate of deposit in a federally insured bank, savings and loan association or credit union. The savings account or certificate of deposit shall contain the following notation: NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF MAJORITY OR BY FURTHER ORDER OF THIS COURT."

CRITICAL

Applies to

Binding arbitration consent

Parties who agree to binding arbitration under the rule must file a consent with the court in the form prescribed by subdivision (c).

Those parties agreeing to binding arbitration and consenting to be bound by this Rule shall file a consent with the court in the form prescribed by subdivision (c).

CRITICAL

Applies to

Annuity contract

An annuity contract settling a minor's claim must prohibit transferring or assigning the policy to another company without the court's prior written approval.

Where the terms of settlement of a minor's claim include an annuity contract, the annuity contract shall provide that the policy will not be transferred or assigned to another company within the prior written approval of this court.

CRITICAL

Applies to

Praecipe for argument

The court schedules oral argument only upon filing a praecipe with the prothonotary and serving a copy of the face sheet on the District Court Administrator.

The court shall schedule oral argument only upon praecipe filed with the prothonotary, with a copy of the face sheet served on the District Court Administrator in accordance with the following schedule:

CRITICAL

Applies to

Order for transcript

The moving party must attach the court-prescribed completed transcript request form to the order for transcript.

The moving party shall attach to the order for transcript a completed request for transcript form prescribed and provided by the court.

CRITICAL

Applies to

Notice to defend

Each specified complaint’s notice to defend must include the Lawyer Referral office’s name, address, and telephone number.

The notice to defend of every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall include the following name and address of the office from which a party can receive information about obtaining the services of a lawyer: Office of Lawyer Referral Third Floor Lawrence County Government Center 430 Court Street New Castle, PA 16101 (724) 656-1921

CRITICAL

Applies to

Binding arbitration consent

The consent shall be signed uy the party submitting and filing it and the attorney for the party, who shall witness the party's signature.

The consent shall be signed uy the party submitting and filing it and the attorney for the party, who shall witness the party's signature.

CRITICAL

Applies to

Writ of execution

Must include

caption

The specified writ of execution must substantially follow the form provided.

The praecipe for a writ of execution for the attachment of personal earnings to satisfy a judgment for damages awarded to a judgment creditor-landlord for a residential lease permitted under 42 Pa.C.S.A. B8127 shall be in substantially the following form:

CRITICAL

Applies to

Praecipe to discontinue

If a case is settled, withdrawn, or otherwise terminated by or between the parties, the parties must, more than two (2) business days before the scheduled arbitration hearing date, so notify all arbitrators appointed for the case and file a Praecipe to Discontinue the action of record.

If a case is settled, withdrawn, or otherwise terminated by or between the parties, the parties must, more than two (2) business days before the scheduled arbitration hearing date, so notify all arbitrators appointed for the case and file a Praecipe to Discontinue the action of record.

CRITICAL

Applies to

Motion requesting proceeding date

A motion requesting a proceeding date must state the estimated time, determined after consultation with opposing counsel, and specify the date, time, and manner of that consultation.

The moving party shall also include in the motion the estimated time required for the proceeding. The estimated time shall be determined only after consultation with opposing counsel, and the moving party shall specify the date, time and manner of consultation in any motion requesting a date for a proceeding.

CRITICAL

Applies to

Identification sheet

The identification sheet must provide the court name, party names, case type, and assigned docket number in the specified positions and capitalization; a filer with a previous filing may use an appropriate, obvious shortened caption.

(4) The information required includes: (i) Typed in capital letters from left to right "IN THE COURT OF COMMON PLEAS OF LAWRENCE COUNTY, PENNSYLVANIA." (ii) Typed in capital letters on the left side of center the complete names of all parties; if the party filing the attached pleading has made a previous filing, an appropriate and obvious shortened caption may be used. (iii) Typed in appropriate upper and lower case except where otherwise indicated, on the right side of center on separate lines (A) The specific type of case, i.e., CIVIL, FAMILY, DOMESTIC RELATIONS, or ORPHAN'S COURT; (B) The docket number, if assigned;

CRITICAL

Applies to

Pretrial statement

The pretrial statement must detail unusual legal or evidentiary issues and any motions in limine or for sanctions, with a supporting legal memorandum.

A detailed statement of any unusual questions of law or evidentiary issues, motions in limine or motions for sanctions, together with a legal memorandum in support of that party's position.

CRITICAL

Applies to

Transcript request

A transcript may not be started or completed unless it has been requested in writing in compliance with Pa.R.J.A. 5000.5.

No transcript shall be commenced or completed unless it is requested in writing in strict compliance to Pa.R.J.A. 5000.5.

CRITICAL

Applies to

Praecipe for writ of execution

The praecipe must certify that the judgment is final and unappealed and have documentary proof of the final judgment attached.

I certify that the judgment in this case upon which this praecipe is based is final and has not been appealed. Documentary proof of the final judgment is attached to this praecipe.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

If opposing counsel fails to respond or refuses to cooperate, moving counsel must provide an alternate certificate describing that refusal, supporting circumstances, and efforts to obtain compliance.

Where counsel for the moving party cannot furnish the required certificate because opposing counsel has failed to respond or refused to cooperate, counsel shall furnish an alternate certificate stating that opposing counsel has refused to so meet or confer and stating such other facts and circumstances supporting the absence of the required certificate and the moving party's counsel's efforts to obtain compliance by opposing counsel.

CRITICAL

Applies to

Motion

Written legal authority requested for the court's review must be presented when the motion is presented.

If any party requests the court to review written legal authority, such authority must be presented to the court at the time the motion is presented.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must include proposed points for charge and supporting authority when they differ from the PA Suggested Standard Civil Jury Instructions; they may be amended or supplemented if doing so does not delay trial.

All proposed points for charge together with a citation to authority if the proposed points are not the same as those set forth in the PA Suggested Standard Civil Jury Instructions. A party's proposed points for charge may be amended or supplemented provided it does not delay the trial.

CRITICAL

Applies to

Entry of appearance as self represented party

A filing party without an attorney must fully complete the Entry of Appearance, including both parties’ addresses.

If the filing party does not have an attorney, the Entry of Appearance as Self-Represented Party must be fully completed, including both parties’ addresses.

CRITICAL

Applies to

Sealed envelope

Before delay damages are awarded, the parties must submit a sealed envelope stating the last settlement offer and its date; arbitrators may not open it until they have agreed on an award separate from delay damages.

Prior to the award of delay damages, the parties shall submit to the Board of Arbitrators a sealed envelope setting forth the last settlement offer and its date. This envelope shall not be opened by the arbitrators until they have agreed upon an award, separate from any delay damages.

CRITICAL

Applies to

Petition for modification of custody order

The petition must include the Criminal Record/Abuse History Verification form required by Pa.R.Civ.P. 1915.3-2.

The Petitioner has attached the Criminal Record/Abuse History Verification form required pursuant to Pa.R.Civ.P. 1915.3-2.

CRITICAL

Applies to

Petition for modification of custody order

The petition must have a true and correct copy of the existing custody order attached.

A TRUE AND CORRECT COPY OF THE ORDER IS ATTACHED.

CRITICAL

Applies to

Praecipe for writ of execution

To initiate the specified attachment, the judgment creditor-landlord must file with the Prothonotary a praecipe for writ of execution naming the debtor's employer as garnishee.

Attachment of personal earnings to satisfy a judgment for damages awarded to a judgment creditor-landlord for a residential lease permitted under 42 Pa.C.S.A. B8127 shall be initiated with the Prothonotary by filing a praecipe for writ of execution naming the judgment debtor's employer as garnishee in substantially the form provided in Rule L3251 and Pa.R.C.P. 3251.

CRITICAL

Applies to

Certificate

The certificate for a contested motion must be substantially in the form provided in Appendix B.

(ii) The form of certificate for a contested motion shall be substantially in the form provided in Appendix B to this rule.

CRITICAL

Applies to

Petition

Must include

proposed order

The petition must include a proposed preliminary order with the specified appeal, notice, conference-scheduling, and service provisions.

(c) The petition shall have attached a proposed preliminary order, which shall provide: (1) That the appeal is allowed; (2) That the taxing authorities within whose jurisdiction the real estate is situate and the property owner, if the appellant is not the property owner, shall be notified that leave to intervene in the appeal, if desired, must be pursued in accordance with Pa.R.C.P. 2328-2330; (3) The scheduling of a pre-hearing conference to be held no earlier than 45 days from the date of filing the petition; and (4) That within five (5) days from the date ofthe preliminary order, appellant shall serve a copy of the petition and the Prothonotary shall serve a copy of the preliminary order upon the Board of Assessment Appeals, the Board of Commissioners of Lawrence County, the governing bodies of the school district and each municipality in which the real estate is situate, and upon the property owner, if the appellant is not the property owner.

CRITICAL

The listed filing information and completed statements must be included.

(C) The code and case classification as adopted and provided by the Prothonotary; (D) The name of the pleading; (E) The completed statement "Filed on behalf of (party's name, party's relationship to case)."; and (F) The completed statement, "Counsel of Record: __________ (attorney's name and Pa. identification number, firm name, firm number, address and telephone number)."

CRITICAL

Applies to

Post trial relief motion

A post-trial relief motion must be filed with an order for transcript that identifies the portions to transcribe and the responsible stenographer or stenographers.

Motions for post-trial relief shall be filed with the Prothonotary together with an order for transcript directing that designated portions of the record be transcribed as provided by Pa.R.C.P. 227.3 and identifying the responsible court stenographer(s).

CRITICAL

Applies to

Transcript request

A transcript request must specifically identify the notes of testimony to be transcribed.

The request shall specifically designate the notes of testimony to be transcribed.

CRITICAL

Applies to

Motion

Must include

proposed order, local rule certificate

A motion must include the required certification and a proposed order, and the certificate must state when and how notice was provided; written notice includes facsimile transmission.

The certificate shall include the date and manner in which notice was provided. As used in this Rule, written notice shall include a facsimile transmission. The court shall not entertain any motion that does not include a certification, as required by this Rule, and a proposed order.

CRITICAL

Applies to

Claim for exemption

The claim for exemption is to be filed with the Office of the Sheriff of Lawrence County at the stated address.

THIS CLAIM IS TO BE FILED WITH THE OFFICE OF THE SHERIFF OF LAWRENCE COUNTY: Lawrence County Government Center 430 Court Street New Castle. PA 161 01 (724) 656-2190

CRITICAL

Applies to

Pre hearing statement

Pre-hearing statements must include the evidence summary, exhibits, witness information, applicable expert materials and appeal-specific statements, and a statement about settlement negotiations and good-faith efforts.

(b) The pre-hearing statements shall include: (1) A summary of the evidence which will be offered at the hearing; (2) A list of exhibits to be offered; (3) A list of the names and addresses of all witnesses to be called; (4) In an assessment appeal, copies of any appraisal reports, or if no report is available, a summary of the testimony of any expert who will be called as a witness; (5) In an assessment appeal, a statement of the current valuation which is the basis for the appeal; (6) In an assessment appeal, a statement setting forth the appellant's position as to the correct valuation, which shall include appellant's position as to the correct market value, assessment ratio, and assessment; (7) In a tax exempt appeal, copies of any expert report, or if no report is available, a summary of the testimony of any expert who will be called as a witness; (8) In a tax exemption appeal, a statement setting forth the appellant's basis for claiming a tax exemption of the property, including, but not all inclusively, citations of precedent or controlling case and statutory law; (9) A statement that there have been negotiations between the parties and a good faith attempt to settle the case; and

CRITICAL

Applies to

Arbitrator eligibility information

An attorney seeking to be an eligible arbitrator must file information about their practice and professional associations with the Prothonotary.

To be an eligible arbitrator, each attorney shall be a member of the Bar, actively engaged in the practice of law, primarily in Lawrence County and shall file with the Prothonotary information showing whether the attorney is practicing alone, is a member of a firm, or is associated with one or more other attorneys.

CRITICAL

Applies to

Certificate

The certificate for a discovery motion must be substantially in the form provided in Appendix C.

(iii) The form of certificate for a discovery motion shall be substantially in the form provided in Appendix C to this rule.

CRITICALCivil cases

Applies to

Petition for change of name

A person seeking a name change must file a petition in the court of common pleas for the county where the person resides.

Section 6 provides that any person desiring to change his or her name must file a petition for change of name with the court of common pleas of the county where he or she resides.

CRITICAL

Applies to

Notice of praecipe to enter judgment of non pros

Every notice of a praecipe to enter judgment of non pros for failure to file a complaint must include the listed Office of Lawyer Referral contact information.

The notice of every praecipe to enter judgment of non pros for failure to file a complaint shall include the following name and address of the office from which the plaintiff can receive information about obtaining the services of a lawyer and getting legal help: Office of Lawyer Referral Third Floor Lawrence County Government Center 430 Court Street New Castle, PA 16101 (724) 656-1921

CRITICAL

Applies to

Writ of execution

A writ of execution naming the debtor's employer as garnishee must be accompanied by a certified judgment transcript or a certified copy of the judgment.

A writ of execution naming a judgment debtor's employer as garnishee filed with the Prothonotary shall be accompanied by a certified copy of the transcript of the judgment entered by the District Justice or a certified copy of the judgment entered by the Court of Common Pleas or equivalent court of another jurisdiction.

CRITICAL

Applies to

Certificate of notice

The Appendix A certificate form certifies forwarding a copy of the proposed order and presentation notice to counsel and certifies that the motion is uncontested.

I, Attorney , counsel for the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,certify, pursuant to Rule L211 (a)(2), that a true and correct copy of the attached _ _ _ _ _ _ _ _ _ _ _ ,proposed order and notice of the date and time of presentation were forwarded to counsel for the via _ _ _ _ _ _ _ _ _ _ _ on 20___. I further certify that this motion is uncontested.

CRITICAL

Applies to

Original pretrial statement

A party seeking a 12-member jury must include a written demand in its original pretrial statement.

In cases to be tried by jury, trial shall be by a 12-member jury, if written demand is filed with the court by any party as part of that party's original pretrial statement filed in accordance with Pa.R.C. P. 212.2 and Rule L212 prior to the scheduled trial.

CRITICAL

Applies to

Request to be excused

A request to be excused from the conciliation conference must be made by formal motion or petition stating all reasons for the request.

All requests to be excused shall be by formal motion or petition setting forth all reasons for the request.

CRITICAL

Applies to

Joint statement of proposed special verdict questions

Counsel must submit a joint statement of proposed special verdict questions before jury selection in a summary jury trial.

Counsel shall submit a joint statement of proposed special verdict questions for use at the summary jury trial prior to the selection of the jury.

CRITICAL

Applies to

Transcript request

When necessary, the court order granting a transcript request must accompany the request when it is filed and served.

Where necessary, an order of court granting the request shall accompany the request in filing and service.

CRITICAL

Applies to

Motion for judgment on the pleadings

Must include

certificate of service

A motion for judgment on the pleadings must include a certificate confirming service on opposing counsel and unrepresented parties and stating the date and manner of service.

All motions for judgment on the pleadings shall beaccompanied by a certificate certifying that a true and correct copy of the motion has been properly served upon all opposing counsel and unrepresented parties. The certificate shall include the date and manner of service.

CRITICAL

Applies to

Uncontested motion

The moving party or counsel must attach a certificate stating that timely written notice was provided to all other parties and giving the notice date and manner, while also certifying that the motion is uncontested.

The moving party or counsel shall certify by a certificate attached to the motion that timely written notice to all other parties of the motion, proposed order, and date and time of presentation, have been provided and includes the date and manner of notice, and that the motion is uncontested.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list proposed voir dire questions, which may be amended or supplemented if doing so does not delay trial.

A list of all proposed voir dire questions. A party's proposed voir dire questions may be amended or supplemented provided it does not delay the trial.

CRITICAL

Applies to

Custody filing

File a modification petition only if a custody action already exists; otherwise, file a Complaint for Custody.

The Petition for Modification of a Custody Order shall only be filed if there is an existing custody action. If there is not an existing custody action involving the minor child(ren), a Complaint for Custody should be filed.

CRITICAL

Applies to

Motion

A motion to present additional evidence must state with particularity the authority relied on and the factors supporting receipt of further evidence.

The motion shall state with particularity the authority upon which movant relies and the particular factors which the moving party believes indicate that the receipt of further evidence is warranted.

CRITICAL

Applies to

Praecipe to appoint arbitrators

The Praecipe must use the prescribed form and include a certification that reasonable advance notice of arbitration scheduling was provided to opposing counsel and unrepresented parties.

The Praecipe shall be in the form as prescribed by this Rule and include a certification that counsel for the moving party has provided reasonable advanced notice to all opposing counsel and unrepresented parties that the case is being scheduled for an arbitration.

CRITICAL

Applies to

Hearing notice

The arbitration hearing notice must include the specified statement about an absent party, hearing before a judge, and the absence of a right to trial de novo.

(d) The notice of the hearing shall include the following statement: ''This matter will be heard by a Board of Arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge."

CRITICAL

Applies to

Pretrial statement

Each party must continue supplementing its pretrial statement through the time of trial.

Each party remains under a continuing obligation to supplement their pretrial statement up to the time of trial.

CRITICAL

Applies to

Pretrial statement

If expert depositions have been taken, the pretrial statement must list all objections appearing in them.

A list of all objections appearing in depositions of expert witnesses, if depositions have been taken.

CRITICAL

Applies to

Excusal request

A request to excuse trial counsel from the pretrial conference must be made by formal motion or petition stating all reasons.

By this Rule, all requests to be excused shall be by formal motion or petition setting forth all reasons for the request.

CRITICAL

Applies to

Certificate or affidavit of service

The Prothonotary must file a certificate or affidavit identifying the recipients, method, and date of service of the preliminary order.

(e) The Prothonotary shall file of record a certificate or affidavit of service of the preliminary order stating to whom service was made and the method and date of service.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order containing the specified language assigning service of the order to the Prothonotary.

All motions shall include a proposed order, which shall contain the following language: "The Prothonotary shall be responsible for properly serving a copy of this order upon all counsel of record and unrepresented parties to this action, in accordance with Pa.R.C.P. No. 236 and Rule L236."

WARNING

Applies to

Certificate of notice

The certificate includes a statement that moving counsel conferred with opposing counsel about the discovery motion but could not resolve the differences.

In accordance with Rule L211 (a)(4), counsel for the moving party has conferred with opposing counsel with respect to the matters set forth in this discovery motion via , on _ _ _ _ _ _ , 20_, at o'clock __ m., but was unable to resolve the differences which exist.

WARNING

Applies to

Certificate of notice

The certificate of notice states that opposing counsel was provided the motion, proposed order, and written notice of presentation, with presentation set for 9:00 a.m.

I, Attorney , counsel for the , certify, pursuant to Rule L211 (a)(?), that counsel for the was timely and properly provided a copy of the within motion and proposed order and written notice that intends to present same in Motion Court on , 20 , at 9:00 a.m. Notice was effectuated by forwarding a copy of the motion and proposed order and written notice of presentation to opposing counsel, Attorney _ _ _ _ _ _ _ _ ,by mail or fax, on _ _ _ _ _ _ _ __ 20__

WARNING

Applies to

Pretrial statement

Copies of exhibits should be attached to the pretrial statement when practicable.

As far as practicable, copies of the exhibits should be attached to the pretrial statement.

WARNING

Applies to

Certificate of notice

I, Attorney _ _ _ _ _ _ _ _ _ _ _ _ _ , counsel for the _ _ _ _ _ _ _ _ , certify, pursuant to Rule L211(a)(7), that a true and correct copy of the attached _ _ _ _ _ _ _ _ __ and proposed Order were forwarded to counsel for the _ _ _ _ _ _ _ _ _ via _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ _ _ _ _, 20__ . I further certify, by this certificate, that counsel for the _ _ _ _ _ _ _ _ _ has been notified of _______________________________ intent to present this _______________________ in Motion Court on _ _ _ _ _ _ _ _ _ _ , 20 __ , at 9:00a.m.

I, Attorney _ _ _ _ _ _ _ _ _ _ _ _ _ , counsel for the _ _ _ _ _ _ _ _ , certify, pursuant to Rule L211(a)(7), that a true and correct copy of the attached _ _ _ _ _ _ _ _ __ and proposed Order were forwarded to counsel for the _ _ _ _ _ _ _ _ _ via _ _ _ _ _ _ _ _ _ _ _ on _ _ _ _ _ _ _ _ _, 20__ . I further certify, by this certificate, that counsel for the _ _ _ _ _ _ _ _ _ has been notified of _______________________________ intent to present this _______________________ in Motion Court on _ _ _ _ _ _ _ _ _ _ , 20 __ , at 9:00a.m.

WARNING

Applies to

Confidential information form

For custody pleadings, complete only the minor children’s full names and birthdates on the Confidential Information Form; social security and financial information need not be completed.

Numbers 5 and 6 on the Confidential Information Form are applicable to custody pleadings. When completing the Confidential Information Form, fill out only the information regarding the minor child(ren)’s full names and birthdate(s). (Social security numbers, financial information is not required to be completed).

WARNING

Applies to

Certificate of notice

The certificate includes a statement that moving counsel attempted to confer about the discovery motion but opposing counsel refused to respond or cooperate.

In accordance with Rule L211 (a)(4), counsel for the moving party has attempted to confer with opposing counsel with respect to the matters set forth in the discovery motion via _ _ _ _ _ _ __ on , 20 , at o'clock, __ m., but opposing counsel refuses to respond or cooperate.

WARNING

Applies to

Notice to complete discovery and dispositive motions

Cases subject to Rule L230.2 do not need the notice to complete discovery and dispositive motions normally required by Rule L212.1(b)(2).

Note: The notice to complete discovery and dispositive motions normally required under Rule L212.1 (b) (2) is not required in cases which are subject to this Rule L230.2.

WARNING

Applies to

Order of court

Leave the Order of Court blank except for its caption.

DO NOT FILL OUT THE ORDER OF COURT, EXCEPT THE CAPTION.

WARNING

Applies to

Certificate of notice

The certificate form requires the estimated length of time only when the Note to Rule L211(a)(3) applies.

The estimated length of time required for this _ _ _ _ _ _ _ _ is . (Requiredonly when the Note to Rule L211 (a)(3) applies.)

WARNINGCivil cases

Applies to

Notice

The notice form states the petition’s filing date and requested name change, the hearing’s date, time, and place, and that interested parties may appear and show cause.

Notice is hereby given that, on _____ (date), the petition of _____ was filed in the above-named court, requesting an order to change the name of _____ to _____. The Court has fixed the day of _____, at _____ (time), in Room _____, of Lawrence County Court House, Lawrence, Pennsylvania as the time and place for the hearing on said petition, when and where all interested parties may appear and show cause, if any, why the request of the petitioner should not be granted.

INFOCivil cases

Applies to

Certified copy of foreign divorce decree

If the divorce was granted elsewhere, the divorced person may file a certified copy of the foreign decree with the written notice in the court where they reside.

If the divorce was granted in a foreign jurisdiction, a certified copy of the foreign divorce decree may be filed, with the written notice, with the clerk of the court where the divorced person resides.

INFOCivil cases

Applies to

Written notice of intent to resume surname

A divorced person may resume a previously used surname by filing written notice of intent with the clerk of the court where the divorce decree was entered.

A person who is divorced may resume any previously used surname by filing a written notice of his or her intent to do so with the clerk of the Court of Common Pleas in which the divorce decree was entered.

INFO

Applies to

Arbitration award

A dissenting vote may be noted on the award without further comment.

A dissenting vote without further comment may be noted on the award.

INFO

Applies to

Praecipe for argument

If the moving party does not file a praecipe for argument, the non-moving party may file one.

(ii) If the moving party fails to file a praecipe for argument, the non-moving party may file a

INFO

Applies to

Copy of order decree or judgment

A copy of an order, decree, or judgment served by the Prothonotary need not be certified.

Any copy of an order, decree or judgment served by the Prothonotary shall not be required to be a certified copy of the order, decree or judgment.