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

CRITICALCivil cases

Applies to

Clocked signed decree copies

For qualifying estates not raised in Lehigh County, file a clocked copy of the signed decree for each minor distributee to obtain a separate orphans’ court “M” file number for each minor.

(i) file with the clerk of the orphans' court division as many clocked copies of the signed decree as there are minor distributees to obtain a separate orphans' court "M" file number for each minor; and

CRITICALCivil cases

Applies to

Petition

A petition seeking authority to receive life insurance or death benefit proceeds for a minor without an estate guardian must include the specified petitioner, minor, proceeds, bank-account, deposit-agreement, and parental-consent information.

A petition for authority to receive life insurance and/or death benefit proceeds payable to a minor without the appointment of a guardian of the estate shall include: (1) Petitioner’s name, address and relationship to the minor; (2) The minor’s date of birth and the name, address and relationship of the person with whom the minor resides; (3) The name[s] of the minor’s parent[s] who are not petitioners; (4) A description, including the name of the payor and policy/contract number[s], of the nature and amount of life insurance proceeds/death benefit[s] payable to the minor, including the name, date, place of death and relationship to the minor of the person whose death caused the proceeds to vest in the minor; (5) The name, complete branch address and telephone number of a federally insured bank in which the life insurance proceeds/death benefit[s] will be deposited to a restricted account in the minor’s name during minority; (6) Petitioner’s agreement to file the requisite proofs of deposit of the minor’s life insurance proceeds/death benefit to an interest-bearing bank account in the minor’s name alone, access to which is restricted during minority; and (7) Whether any parent of the minor who is not a petitioner is aware of and consents to the petition.

CRITICALCivil cases

Applies to

Petition

A non-petitioner who consents or joins must append a signed written Consent or Joinder substantially in the prescribed form.

Whenever a party other than a petitioner desires to consent to or join in the prayer of a petition, there shall be appended to the petition, a written “Consent” or “Joinder” signed by the parties substantially in the following form: I, , having read and considered the contents of the foregoing petition, do herewith waive the benefit of all requirements of notice of the presentation, or service upon me, of said petition, do authorize the Court to note my general appearance in said proceeding as though I had appeared personally or by counsel, do herewith waive all objections to the Court’s jurisdiction over my person, and do herewith [consent to the entry of an order as prayed for in said petition] or [join in the prayer of said petition].

CRITICALCriminal cases

Applies to

Disclosure form

The fully completed one-page disclosure form must be provided to the Clerk when the bond is posted.

failing to provide to the Clerk the fully completed one-page disclosure form required at the time bond is posted;

CRITICALCivil cases

Applies to

Supplemental guardians inventory

File a supplemental guardian’s inventory for each qualifying ward, accompanied by a copy of the decree directing distribution.

(iv) file with the clerk of the orphans' court division a supplemental guardian's inventory disclosing receipt of settlement proceeds on behalf of each ward adjudicated incapacitated in Lehigh County; each such inventory to be accompanied by copy of the decree directing distribution.

CRITICALCivil cases

Applies to

Petition

A party seeking court review of a bond’s form or surety must file a petition stating specific objections and provide notice to the adverse party or attorney under Leh.R.C.P. 206.1.

In all cases the form of the bond and the surety thereon shall be subject to review by the court upon the filing of a petition stating specifically the objections thereto, together with notice to the adverse party or his attorney in accordance with Leh.R.C.P. 206.1.

CRITICAL

Applies to

Proposed order

A proposed order filed through OFS must be titled “Order,” not “Proposed Order.”

Be titled “Order” (not “Proposed Order”)

CRITICAL

Each document must have an accurate and concise title.

Accurate and concise title, e.g. Petition; Answer; Brief; Affidavit of Service

CRITICALCivil cases

Applies to

Answer

Answers to petitions must be filed with the clerk, with a copy delivered to the court administrator.

All answers to petitions shall be filed with the clerk of courts, and a copy thereof shall be delivered to the court administrator’s office.

CRITICALCivil cases

Applies to

Satisfaction of award

(b) Any party distributing, paying or delivering money or other property to a distributee may, at the time thereof, require the distributee or his counsel to execute a Satisfaction of Award and shall file same with the Clerk.

(b) Any party distributing, paying or delivering money or other property to a distributee may, at the time thereof, require the distributee or his counsel to execute a Satisfaction of Award and shall file same with the Clerk.

CRITICAL

Applies to

Praecipe to attach

File the Praecipe to Attach as the Lead Document and the supplied information as an attachment.

A Praecipe to Attach is to be filed as the Lead Document and the supplied information is to be filed as an attachment (e.g. Praecipe to Attach is the lead document and “bank account statements” the attachment)

CRITICALCivil cases

Applies to

Supersedeas application

A supersedeas application must be in motion or petition form, as appropriate, and notice of its presentation must be given to the specified interested parties or their attorneys.

An application for a supersedeas shall be in motion or petition form, as may be appropriate, and due notice of its presentation shall be given in accordance with these rules to the municipality or its solicitor and to the parties adversely interested in the case who have entered an appearance or to their attorneys of record.

CRITICALCivil cases

Applies to

Petition to certify record

A petition to certify the record must include each petitioner’s identifying and standing information, the proceeding’s nature and posture, the reason for certification, the positions of parties, and a prayer for relief.

(a) A petition to certify the record to the Orphans’ Court Pursuant to 20 Pa.C.S.A. § 907 shall include the following information: (1) The name, address and interest and/or standing of each petitioner; (2) The nature of the proceeding before the Register and its procedural posture; (3) The reason of the request to certify the record to the Orphans Court; (4) The names of those parties who oppose the certification, if any, and the names of those parties who join the request for certification; and (5) A prayer for relief.

CRITICALCriminal cases

Applies to

Bail bondsman qualification

A Bail Bondsman may qualify to serve as surety by filing with the Clerk an Insurer-issued Qualifying Power of Attorney stating the maximum liability per bond and a copy of the Bail Bondsman’s Department license.

A Bail Bondsman authorized to conduct business in Pennsylvania pursuant to 42 Pa. C.S. §§5742-5743.1 may be qualified to serve as surety on any bail bond filed in the criminal courts of Lehigh County provided that he or she file with the Clerk a Qualifying Power of Attorney issued by an Insurer by whom the Bail Bondsman has been appointed setting forth the maximum limit of liability per bond, and a copy of their license issued by the Department, in form and manner prescribed by these rules.

CRITICALCivil cases

Applies to

Transcript request

Transcript requests must use the standardized Request for Transcript or Copy Form.

All requests for transcripts shall be set forth on the standardized form, Request for Transcript or Copy Form, available at https://www.lccpa.org/forms/courttrans/general/RequestforTranscript.pdf

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must be filed with the Civil Division clerk with a supporting brief, and a copy of both must be delivered to the court administrator for the assigned judge.

A motion for judgment on the pleadings shall be filed with the Clerk of Courts, Civil Division, and shall be accompanied by a supporting brief. A Copy of the motion and brief shall be delivered to the court administrator’s office for transmittal to the assigned judge.

CRITICAL

Applies to

Entry of appearance

Counsel for a new party must file an Entry Of Appearance form before that party can file in an existing case for the first time.

In order for a new party to be able to file to an existing case for the first time, their counsel must first complete and file an Entry Of Appearance form

CRITICALCriminal cases

Applies to

Approval petition

Each approval petition must state that the Bail Bondsman and Insurer comply with applicable laws, statutes, and local and state court rules.

Each petition must state that the Bail Bondsman and Insurer is in compliance with all laws, statutes, local and state rules of court as may be established from time to time;

CRITICALCivil cases

Applies to

Petition for access to funds

The petition must state that the petitioner and the minor’s other parent are unable to pay for the described item or course.

6. The petitioner and the other parent of the minor petitioner are unable to pay for the item/course described above.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must include a supporting brief unless factual issues are raised, and failure to file a brief may result in automatic dismissal.

Preliminary objections must be accompanied by a brief in support thereof unless factual issues are raised, in which case the procedure set forth in (4) shall be followed. Failure to file a brief may result in automatic dismissal of the preliminary objections.

CRITICALCriminal cases

Applies to

Petition

A party seeking remission, set-aside, or exoneration must petition the Court, state detailed reasons, and include the listed information insofar as applicable.

(2) In order for a surety to seek to have the forfeiture order set aside or remitted in whole or in part, the party seeking remission, set aside or exoneration shall present a petition to the Court, and serve a copy thereof upon the Department of Law. The petition shall set forth in detail the reasons for seeking the set aside, remission or exoneration. In order to facilitate the assessment and investigation of petitions requesting remittance, the surety is required to delineate within the petition the following insofar as applicable: (A) a recitation of the history of the case including the charges, the date the bond was set, the amount of the bond, and the name and district of the issuing authority; (B) the date of forfeiture and nature of the proceeding at which forfeiture occurred; (C) a statement establishing the fact that the defendant was apprehended including the date of apprehension and the agency responsible for the apprehension; (D) a detailed summary of all efforts by the petitioner to apprehend the defendant including the name, phone number and address of all agents hired or assigned to effectuate the apprehension, and all times, dates, and locations searched; (E) a declaration that the apprehension or return of the defendant was affected by the efforts of the surety or that those efforts at least had a substantial impact on the defendant's apprehension; and (F) clear and specific factual recitation in support of the above declaration.

CRITICALCivil cases

Applies to

Minor settlement documents

For an unfiled case involving a Lehigh County minor resident, counsel must file separate pleadings for each minor and obtain or file the specified deposit or annuity documents.

(2) In all cases where no suit was instituted and the minor is a Lehigh County resident, upon entry of a decree after formal presentation, counsel for petitioner shall: (i) file a separate original decree, petition and exhibits regarding each minor, with the clerk of the orphans' court division; and (ii) obtain from the clerk of the orphans' court division an affidavit of deposit for each such separate set of pleadings filed per (i) above; and (iii) file with the clerk of the orphans' court division, a separate affidavit of deposit evidencing establishment of a separate restricted account for each minor recipient of current settlement proceeds and a certification of compliance with order establishing restricted account; and/or (iv) file with the clerk of the orphans' court division, a sworn acknowledgment by an authorized official of the issuer that an annuity contract was purchased to provide the payments set forth in the decree approving a structured settlement.

CRITICALCivil cases

Applies to

Motion for special service

The court will not consider a motion for special service pursuant to Pa.R.C.P. 430(a) unless (a) A cover sheet in the form set forth in Appendix 1 of these rules is attached to the motion; (b) An affidavit and supporting documentation is attached to the motion indicating that all prerequisites and at least one discretionary effort have been attempted;

The court will not consider a motion for special service pursuant to Pa.R.C.P. 430(a) unless (a) A cover sheet in the form set forth in Appendix 1 of these rules is attached to the motion; (b) An affidavit and supporting documentation is attached to the motion indicating that all prerequisites and at least one discretionary effort have been attempted;

CRITICALCivil cases

Applies to

Petition

After review, the orphans' court counsel will request counsel for petitioner to submit the original pleadings (together with as many photocopies of the decree as there are counsel of record) for transmittal to the appropriate civil division or orphans' court division judge for action. The petition shall not be filed prior to submission as provided herein.

After review, the orphans' court counsel will request counsel for petitioner to submit the original pleadings (together with as many photocopies of the decree as there are counsel of record) for transmittal to the appropriate civil division or orphans' court division judge for action. The petition shall not be filed prior to submission as provided herein.

CRITICALCivil cases

Applies to

Motion

A motion for special service must have the checklist attached.

This checklist is attached to the motion;

CRITICALCivil cases

Applies to

Petition

The petition form calls for a statement that the minor petitioner’s parent or parents cannot pay for the item or course.

5. The parent[s] of the minor petitioner is/are unable to pay for the item/course described above.

CRITICALCivil cases

Applies to

Motion for leave to take oral deposition

A motion seeking leave to take an oral deposition must follow Leh.R.C.P. 206.1 and include the listed witness, deposition, questioning, justification, and subpoena information when necessary.

A motion to obtain leave of court to take depositions by oral examination, where such leave is required, shall follow the procedure set forth in Leh.R.C.P. 206.1 and shall contain the following: (1) the name of the proposed witness; (2) the time and place of the proposed deposition and the name of the officer before whom the depositions will be taken; (3) the scope and purpose of the questioning; (4) the reasons relied upon to support the request for oral examination; and (5) a request for a subpoena or subpoena duces tecum, if necessary.

CRITICALCivil cases

Applies to

Affidavit of deposit

File a separate affidavit of deposit for each minor distributee showing a restricted account, using the estate’s caption and file number and the minor’s name as a parenthetical reference.

(iii) file with the clerk of the orphans' court division, a separate affidavit of deposit evidencing establishment of a restricted account in the name of each minor distributee, using the caption and file number of the decedent's estate with each minor's name as a parenthetical reference; and/or

CRITICALCriminal cases

Applies to

Petition

An approval petition must be filed in the bail bondsman’s name, matching the name on the attached license and appointment forms exactly.

Each petition for approval shall be filed in the name of the Bail Bondsman who is seeking approval to serve as a surety on bail in Lehigh County. The name of the Bail Bondsman shall appear on the petition identically to the name of the Bail Bondsman on the license and appointment forms attached to the petition.

CRITICALCriminal cases

Applies to

Petition

If a bail bondsman charges fees in addition to the insurer’s filed rates, the petition must include a schedule of those fees.

Each Bail Bondsman must attach to the petition a schedule of the fees, in addition to the rates filed by the Insurer, to be charged for issuing the bail bond in the event that the Bail Bondsman charges such fees;

CRITICALCriminal cases

Applies to

Approval petition

An agency Bail Bondsman employing or contracting with more than one individual Bail Bondsman must attach to the petition a list of all licensed and Insurer-appointed individuals authorized to act for the agency.

In the event that a Bail Bondsman is acting as an agency, who employs or contracts with more than one individual person who serves as a Bail Bondsman, that agency must attach to the petition a list of all individuals who are licensed and appointed with an Insurer to act as a duly appointed Bail Bondsman who are authorized to act on its behalf of the agency;

CRITICALCriminal cases

Applies to

Petition

The case caption must use the specified wording and must not include the alleged Defendant’s name.

The Caption of the Case shall read: “In re: Private Criminal Complaint filed by (Affiant’s Name).” The name of the alleged Defendant shall not appear in that caption.

CRITICAL

Each document must have a digitized signature or a /s/ signature accompanied by the attorney’s or pro se filer’s printed name.

Digitized signature or the name of the filer preceded by /s/ accompanied by the attorney/pro se filer’s printed name.

CRITICALCivil cases

Applies to

Affidavit

Whenever service cannot be made as otherwise provided in this Rule and the facts thereof are made known to the Court by an affidavit supplementing the original petition or motion sought to be served, the Court may enter an order awarding an alias or pluries citation or other order (which may provide for service by publication or other means) as the Court deems necessary.

Whenever service cannot be made as otherwise provided in this Rule and the facts thereof are made known to the Court by an affidavit supplementing the original petition or motion sought to be served, the Court may enter an order awarding an alias or pluries citation or other order (which may provide for service by publication or other means) as the Court deems necessary.

CRITICALCivil cases

Applies to

Written notice

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

The written notice provided for above 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.”

CRITICALCivil cases

Applies to

Petition

The petition must identify the benefit payer, available policy number, approximate amount payable, insured’s name and date of death, and relationship to the minor.

(state the name of the company/organization paying the death benefit or life insurance proceeds, including the policy number, if available, the approximate amount so payable to the minor, the name and date of death of the insured and his or her relationship to the minor)

CRITICALCivil cases

Applies to

Consent or joinder

All Consents and Joinders must be acknowledged before a notary public or another officer authorized to take the acknowledgment.

(b) All “Consents” and “Joinders” shall be acknowledged before a notary public or other officer duly authorized to take the same.

CRITICALCriminal cases

Applies to

Petition

The petition contesting a prohibition, revocation, or determination of ineligibility must state the relief requested and its factual basis.

Any Bail Bondman seeking to contest prohibition from posting additional bail, that its right to post bail has been revoked, or that it is otherwise ineligible to post bail in the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of the prohibition, revocation or determination of ineligibility, and set forth the relief requested and the factual basis therefor.

CRITICALCivil cases

Applies to

Petition for approval of settlement

A petition for approval of settlement must include the non-petitioning parent and natural guardian’s consent and joinder, or proof that the petition was served on that parent.

(5) Consent and joinder of a parent and natural guardian of the minor who is not a petitioner; or, proof of service of a copy of the petition upon such parent.

CRITICALCivil cases

Applies to

Proof of establishment of restricted account

The petitioner must file proof of establishment of the restricted account in a form satisfactory to the Court.

Your petitioner will file proof of the establishment of the restricted account, in the form satisfactory to the Court, within 10 days of the receipt of the death benefit payable to the minor.

CRITICALCivil cases

Applies to

Supplemental guardians inventory

File a supplemental guardian’s inventory for each qualifying ward using the guardianship caption and file number, accompanied by the decree directing distribution.

(iv) file with the clerk of the orphans' court division a supplemental guardian's inventory disclosing receipt of settlement proceeds on behalf of each ward adjudicated incapacitated in Lehigh County, using the guardianship caption and file number; each such inventory to be accompanied by a copy of the decree directing distribution.

CRITICALCivil cases

Applies to

Motion response

A motion response must be filed together with a supporting brief.

Any party opposing the motion shall file a response along with a supporting brief, within thirty (30) days after service of the motion.

CRITICALCriminal cases

Applies to

Disclosure form

A one-page disclosure form must be delivered to the defendant and any collateral provider before the defendant is released from jail.

failing to deliver to the defendant, and any person providing collateral on the defendant's behalf, prior to the time the defendant is released from jail, a one-page disclosure form which, at a minimum, must include:

CRITICALCivil cases

Applies to

Supplemental account

An account filed after a final account must be designated as a supplemental account to the original account.

(2) Accounts filed after the filing of a final account shall be designated “First (Second, as the case maybe) Supplemental Account to (Title of the original account);

CRITICALCivil cases

Applies to

Emergency motion

A motion requiring emergency action must identify its emergency nature in the title and follow one of the specified emergency procedures.

If any motion governed by this rule requires emergency action by the court, the moving party shall indicate same in the title of the motion and shall follow either procedure set forth herein:

CRITICALCivil cases

Applies to

Petition for approval of settlement

A petition for approval of settlement must include a copy of the contingency fee agreement.

(2) A copy of contingency fee agreement.

CRITICAL

Applies to

Search warrant application

A search warrant application in a juvenile delinquency matter must be approved by an attorney for the Commonwealth before filing.

The District Attorney of Lehigh County having filed a certification pursuant to Pa.R.Crim.P. 202, search warrants, in all circumstances, shall not be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

CRITICALCriminal cases

Applies to

Approval petition

Each Insurer and Bail Bondsman must attach a Statement of Official Address providing the address for service of correspondence, notices, orders, and other legal communications.

Each Insurer and Bail Bondsman must attach to the petition a Statement of Official Address which shall provide an address to which service of correspondence, notices, orders and other legal communications shall be made.

CRITICAL

Must include

caption

The caption must name the decedent, trust, incapacitated person, or minor, rather than the listed petitioners, respondents, fiduciaries, or parents.

A caption that includes the name of the decedent, trust, incapacitated person, or minor, and not the names of petitioners/respondents fiduciaries, or parents of minors.

CRITICALCriminal cases

Applies to

Insurer filing

After May 15, an Insurer must have filed a current Certificate of Authority issued after March 31 of that year and a current annual financial statement with the Clerk.

an Insurer after May 15 of any year unless the Insurer has filed a current Certificate of Authority issued after March 31 of the same year and a current annual financial statement with the Clerk.

CRITICALCivil cases

Applies to

Praecipe for appearance

A subsequent filing by other counsel does not enter an appearance unless that counsel files a praecipe for appearance with the clerk.

Subsequent filings by other counsel on behalf of that party shall not have the effect of an entry of appearance unless a praecipe for appearance is filed with the clerk of courts.

CRITICALCivil cases

Applies to

Legal paper

Each legal paper must include a signature block and the name of the filer whose username and password were used to submit it.

The legal paper must include a signature block, and the name of the filer under whose user name and password the legal filing is submitted.

CRITICALCivil cases

Applies to

Petition

The petition form calls for the parent’s written consent to be attached or an explanation of why consent is not attached.

6. The written consent of the minor’s Mother, ______________________ Father, _____________________ is/are attached to this petition. OR The consent[s] of the minor’s parent[s] is/are not attached because: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________.

CRITICALCivil cases

Applies to

Minor settlement documents

The specified settlement-related affidavits or annuity acknowledgment must be obtained or filed with the orphans’ court clerk.

(iv) obtain from the clerk of the orphans' court division as many separate affidavits of deposit as there are minors receiving cash payments during minority; and (v) file with the clerk of the orphans' court division a separate affidavit of deposit evidencing establishment of a restricted account for each minor recipient of current settlement proceeds under the orphans' court caption and file number; and/or (vi) file with the clerk of the orphans' court division a sworn acknowledgment by an authorized official of the issuer that an annuity contract was purchased to provide the payments set forth in the decree approving a structured settlement.

CRITICAL

Applies to

Ordinary transcript request

For an ordinary transcript, the requester must file the original Request for Transcript Form with the filing office appropriate to the case type.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other court proceeding shall file the original Request for Transcript Form with the appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk of Judicial Records – Criminal Division, Orphans’ Court, or the Domestic Relations Section) based upon the specific case type.

CRITICALCivil cases

Applies to

Petition for approval of settlement

When submitted, the petition must be accompanied by a proposed decree containing the listed settlement, deposit, distribution, beneficiary, filing, affidavit, and docket provisions.

The petition, in addition to the requisite exhibits, shall, when submitted, be accompanied by: (i) a proposed decree which: • approves the settlement as set forth in the petition; • directs that the petitioner's counsel deposit proceeds payable during minority to an interest-bearing restricted account in the minor's name, at a federally insured bank or credit union doing business in Lehigh County. • directs the distribution of future payments, if any, due under terms of an annuity contract. • names the contingent beneficiaries of guaranteed payments, reserving the right to alter the designation to the minor upon attainment of majority. • directs that a time-stamped copy of the decree filed in the civil division be filed with the clerk of orphans' court division to establish a separate orphans' court file and number. • provides for the filing of affidavits of deposit, affidavits of payment, and/or affidavits of purchase with the clerk of the orphans' court division under the orphans' court caption and number. • authorizes plaintiff's counsel to mark the civil docket, if any, settled, discontinued and ended.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

The petition must include a proposed decree that apportions proceeds, fees, and costs and contains the specified directions concerning minor and incapacitated beneficiaries and supplemental estate filings.

The petition, in addition to the requisite exhibits, shall be accompanied by: (i) a proposed decree, which: • apportions the proceeds, fees, and costs between the wrongful death action and the survival action; • directs that the share of a minor be deposited to a restricted, interest-bearing, account in a federally insured bank or credit union doing business in Lehigh County; • directs that the share of an adjudicated incapacitated person be awarded to the guardian of his/her estate; • directs the personal representative to promptly file a supplemental inventory and inheritance tax return that both reflect receipt of survival action proceeds with the register of wills of the county of decedent's domicile.

CRITICALCivil cases

Applies to

Notice to defend

The specified Lawyer Referral Service name, address, and telephone number must appear in the notice to defend in the identified complaints.

The following shall be designated in the notice to defend contained in a complaint filed by a plaintiff and a complaint filed by a defendant against an additional defendant as the organization from whom legal referral can be obtained, as required by Pa.R.C.P. 1018.1: Lawyer Referral Service 1114 West Walnut Street Allentown, Pennsylvania 18102 Telephone No. 610-433-7094

CRITICALCivil cases

Applies to

Initial filing

The initial filing must include the statewide cover sheet.

As required by Pa.R.C.P 205.5, the filer shall include the statewide cover sheet with the initial filing.

CRITICALCivil cases

Applies to

Petition

All petitions must attach as exhibits the originals or copies of the written instruments relied upon.

(a) There shall be attached to all petitions as exhibits the originals or copies of all wills, codicils, agreements and other written instruments relied upon.

CRITICALCivil cases

Applies to

Affidavit of deposit

File a separate affidavit of deposit establishing a restricted account for each minor distributee, using the minor’s name as the caption and the newly assigned orphans’ court “M” file number.

(iii) file with the clerk of the orphans' court division a separate affidavit of deposit evidencing establishment of a restricted account for each minor distributee, using the minor's name as caption and the newly-assigned orphans' court "M" file number; and/or

CRITICALCivil cases

Applies to

Praecipe

A praecipe must certify service, the filing or attachment of an affidavit of service, and that no timely response has been filed and/or the pleadings are closed.

1. That all respondents have been served with the following petition or motion: . 2. That an affidavit of service has been filed or is attached. 3. That no timely response has been filed. And/Or the pleadings are closed. Therefore, the undersigned requests that the Court proceed on the motion or petition.

CRITICALCivil cases

Applies to

Amended petition for adjudication

An amended petition must include any exhibits that are not already part of the record.

An amended Petition for Adjudication/Statement of Proposed Distribution shall include all exhibits which are not already part of the record.

CRITICALCivil cases

Applies to

Brief

Each brief must include the case history, pertinent facts, questions involved, and argument.

Each brief shall contain (1) a history of the case, (2) a statement of the pertinent facts, (3) a statement of the questions involved, and (4) the argument.

CRITICALCivil cases

Applies to

Petition

An uncontested petition must contain a certification stating that it is uncontested.

If the petition is uncontested, the petition shall contain a certification to that effect.

CRITICALCivil cases

Applies to

Petition

The petition must substantially comply with the applicable Appendix D form, including all referenced attachments.

The petition shall be in substantial compliance with the applicable of the two forms annexed as APPENDIX D, including all referenced attachments.

CRITICALCivil cases

Applies to

Emergency motion

An emergency motion must state and be certified as emergent, and must be filed and delivered to the assigned judge or, if unavailable or unassigned, to the court administrator for referral.

Motions that are certified as being emergent in nature, and setting forth the nature of the emergency, shall be filed with the clerk of courts and delivered to the judge assigned to the case, if any. If the assigned judge is not available, or if no judge has been assigned, the motion shall be delivered to the court administrator’s office for referral to another judge for scheduling and disposition.

CRITICALCivil cases

Applies to

Petition

Every petition must state which interested parties are petitioners or provide the required information about necessary parties’ consents or joinders.

All petitions shall aver that the interested parties are petitioners, or that all consents or joinders of all necessary parties are attached to the petition, or set forth the names of all necessary parties whose consents, approvals or joinders are attached to the petition and the names of all necessary parties whose consent or joinders are not attached to the petition.

CRITICALCivil cases

Applies to

Petition

The petition form includes a verification that its facts are true to the petitioner’s knowledge, information, and belief, acknowledges the stated penalties for false statements, and provides for the petitioner’s signature and date.

I, ____________________________ petitioner, verify that the facts stated in the foregoing Petition for Access to Funds on Deposit for Minor (age 14 or older) in Restricted Account Established Pursuant to Court Order are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A.§4904 relating to unsworn falsification to authorities. Date: (Signature of the petitioner)

CRITICAL

Must include

case number

Each document must include the File Number.

File Number.

CRITICALCivil cases

Applies to

Request for transcript

Legal Aid Services-represented litigants need not further prove economic hardship but must attach a certification letter establishing financial eligibility and the required appeal or litigation-related need.

Litigants who have been approved for representation by Legal Aid Services are not required to further prove economic hardship pursuant to section (B)(1) above; however, they must attach to their Request for Transcript Form a letter of certification from Legal Aid Services that the litigant meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.

CRITICALCriminal cases

Applies to

Private criminal complaint review filing

A review filing must consist only of the petition, the disapproved complaint, the previously submitted probable-cause affidavit(s), and—if not on the complaint—a copy of the Commonwealth’s attorney’s reasons for disapproval.

(b) Such filing shall consist solely of the Petition, a copy of the disapproved criminal complaint and the affidavit(s) of probable cause previously submitted to the attorney for the Commonwealth, together with a copy of the attorney for the Commonwealth’s statement of reasons for disapproval if such statement is not contained on the face of the complaint.

CRITICALCivil cases

Applies to

Supplemental account

A supplemental account must match the original account in every detail, including form, execution, and verification.

Supplemental accounts shall conform to the original accounts in every detail, including form, execution and verification.

CRITICALCivil cases

Applies to

Affidavit of service

For notice mailed to a foreign country with a requested return receipt, the affidavit must state any facts indicating that notice was received.

If mailed, requesting a return receipt, to a foreign country (many of which will not return the receipt card), set forth any facts indicating that the notice was received.

CRITICALCivil cases

Applies to

Petition for access to funds

The petition must state why access to the restricted account is requested and how much money is requested for release.

5. Access to the restricted account is requested because: (State the reasons why you want to use these funds and indicate how much money you are requesting be released.

CRITICALCriminal cases

Applies to

Arraignment waiver form

The arraignment-waiver form must be signed by the Defendant and counsel and acknowledge the Defendant’s understanding of the charges and Pa.R.Crim.P. 571(C), and waiver of the right to appear for arraignment.

The waiver of arraignment form, which must be signed by the defendant and by counsel, shall contain an acknowledgment that the Defendant: (a) understands the nature of the charges; (b) understands the rights and requirements contained in Pa.R.Crim.P. 571(C); and (c) waives his or her right to appear for arraignment.

CRITICALCivil cases

Applies to

Account

Qualifying appointed assets must be shown in a separate account and excluded from the donee’s own estate account unless the donor-jurisdiction court has adjudicated a blending.

Assets appointed by the donee of a testamentary power and which must be accounted for by the fiduciary of the donee because they were awarded by a court of the donor’s jurisdiction, shall be shown in an entirely separate account. Such assets shall not be included in an account of the donee’s own estate unless the court of the donor’s jurisdiction has adjudicated a blending by the donee of the appointed estate with his own.

CRITICALCivil cases

Applies to

Petition for access to funds

The petition must either attach the other parent’s written consent or explain why that consent is not attached.

7. The written consent of the minor’s other parent, is attached to this petition. OR The consent of the minor’s other parent is not attached because: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

CRITICALCivil cases

Applies to

Bar admission petition

An applicant seeking admission to the court’s bar must submit a petition presented by a member of the bar that shows Pennsylvania bar admission and good moral character.

Admission to the bar of this court shall be by petition of the applicant, presented by a member of this bar, which petition shall show that the applicant (1) has been admitted to the Bar of the Commonwealth of Pennsylvania; and (2) is a person of good moral character.

CRITICALCriminal cases

Applies to

Transcript request

For an ordinary transcript, the requesting party must file the original Request for Transcript Form with the filing office appropriate to the case type.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other court proceeding shall file the original Request for Transcript Form with the appropriate filing office (i.e., Clerk of Judicial Records – Civil Division, Clerk of Judicial Records – Criminal Division, Orphans’ Court, or the Domestic Relations Section) based upon the specific case type.

CRITICALCivil cases

Applies to

Legal paper

An electronically filed legal paper must include a signature block naming the authorized filer.

A legal paper filed electronically must include a signature block for the name of the authorized filer.

CRITICALCivil cases

Applies to

Brief

Must include

caption, case number

Briefs must use citations conforming to the Uniform System of Citations and include the specified title page, questions, case statement, argument sections, conclusion, and signature.

All briefs shall include proper legal citations conforming to the Uniform System of Citations and contain: (a) A title page upon which shall appear the caption of the case, including its file number; a designation of the party upon whose behalf the brief is filed and of the matter involved; (b) A statement or counter-statement of the questions involved; in which each question involved shall be set forth clearly and succinctly in a single sentence which can be answered either “Yes” or “No.”; (c) A statement or counter-statement of the case; (d) Summary of argument; (e) Argument, in which each question involved shall be the subject of a separate and distinct subdivision; (f) A short conclusion stating the precise relief sought; and (g) The signature of the attorney or pro se litigant filing the brief.

CRITICALCivil cases

Applies to

Petition for access to funds

The petition must identify the court-order date, bank, approximate initial deposit, and approximate current account balance.

4. By Court Order dated a restricted account was established for the petitioner’s minor son/daughter at bank. The approximate amount of the initial deposit was . The approximate amount of the current balance is .

CRITICALCivil cases

Applies to

Request for transcript

A request to waive or reduce transcript fees must be noted on the Request for Transcript Form and include a completed IFP petition, even if IFP status was previously granted.

Pursuant to Pa.R.J.A. 4008(B), a request to waive or reduce transcript fees shall be noted on the Request for Transcript Form and include a fully completed In Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240, even if IFP status was previously granted on the case.

CRITICALCivil cases

Applies to

Motion

A litigant may request mediation by written motion, but assignment is discretionary; if the case is not listed for trial, the motion will be considered only with all parties’ stipulation.

Any litigant involved in a pending civil action can request that the case be submitted to a lawyer mediator to conduct a settlement conference; however, the assignment of the case to a lawyer mediator is at the sole discretion of the trial judge. All such requests must be made on written motion submitted in accordance with rules of this court governing motions practice. In the event a case has not been listed for trial, no motion for the appointment of a lawyer mediator to conduct a settlement conference will be considered by the court except on stipulation of all parties to the action.

CRITICALCivil cases

Applies to

Confidential information form

A Confidential Information Form must accompany the redacted document when filing material containing confidential information as defined by the Policy.

contain confidential information as defined by the Policy shall use and file a Confidential Information Form, along with the redacted document, in order to comply with the Policy.

CRITICALCriminal cases

Applies to

Affidavit

Each bail bondsman must file an affidavit disclosing specified convictions and attach the applicable criminal history records check for each covered person.

Each Bail Bondsman shall file an Affidavit with the Clerk of Judicial Records, Criminal Division, disclosing any convictions for non-summary criminal offenses, with the exception of misdemeanors under the Pennsylvania Vehicle Code, by Bail Bondsman or, if the Bail Bondsman is an agency, by any owner, officer, director of the Bail Bondsman. The Affidavit must attach a copy of a criminal history records check conducted by the Pennsylvania State Police or, for persons residing in another state, the comparable document for that state, for each such person.

CRITICALCivil cases

Applies to

Petition

If the Department of Revenue approves the petition or does not respond within 20 days after service, submit photocopies of the petition, proposed decree, and exhibits to orphans' court counsel by mail, telefax, or hand delivery, noting the assigned civil division judge if any.

If the petition has been approved by the Department of Revenue, or if no response has been received within 20 days of service of a copy of the petition upon the Department through the office of chief counsel, a photocopy of the petition, proposed decree and exhibits shall be submitted (by mail, telefax, or hand delivery) to the orphans' court counsel with a notation as to the civil division judge, if any, to whom the case is assigned.

CRITICALCivil cases

Applies to

Confirmation submission

Must include

proposed order

At the confirmation date and time, no earlier than 20 days after filing the affidavit, the fiduciary must submit a proposed order confirming the sale to the Court.

At the date and time set for confirmation, which date shall not be less than twenty (20) days after the date of filing the Affidavit, the fiduciary shall submit to the Court a proposed order confirming the sale.

CRITICALCriminal cases

Applies to

Qualifying power of attorney

A Bail Bondsman may not execute a bond after the Qualifying Power of Attorney expires until a new one is filed with the Clerk.

No bond shall be executed by any Bail Bondsman after the expiration of such Qualifying Power of Attorney until a new Qualifying Power of Attorney has been filed with the Clerk.

CRITICALCivil cases

Applies to

Notice of amended petition

Notice of an amended petition must follow the manner used for a supplemental account and state the reason for the amendment.

Notice of an amended Petition for Adjudication/Statement of Proposed Distribution shall be given in the same manner as in the case of a supplemental account (Pa. O.C. Rule 2.5) and shall include the reason therefore.

CRITICALCivil cases

Applies to

Affidavit of service

When notice is given by publication, an affidavit must follow the provided form.

If notice was given by publication, an affidavit in the following form shall be

CRITICALCivil cases

Applies to

Appointed estate account

A separate appointed-estate account must be captioned in the name of the donor’s estate or power and identify the accountant as fiduciary and the court that awarded the assets.

Separate accounts of the appointed estate shall be captioned in the name of the state of the donor or the power. The caption shall also set forth accountant’s name, describing the accountant as fiduciary of the done, and the court which awarded the assets to accountant.

CRITICALCivil cases

Applies to

Amended petition for adjudication

Must include

caption

An amended petition must include the case caption, specified heading, required contents, and signatures of the original signers or their counsel of record.

An amended Petition for Adjudication/Statement of Proposed Distribution shall contain the caption of the case, a heading “Amended P etit ion for Adjudi cati on/ Statement of Proposed Distribution,” contents in conformity with Leh. O.C. Rule 2.5-3 hereof, and shall be signed by the parties who executed the Petition for Adjudication/Statement of Proposed Distribution or their counsel of record.

CRITICALCivil cases

Applies to

Petition

The petition must provide the specified identifying and living-arrangement information about the minor and include a certified birth certificate naming the parents as Exhibit A.

A certified copy of the minor's birth certificate that includes the names of his/her parents is attached as Exhibit A to this petition. (state the minor’s name, date of birth, current address and the name of the adult with whom the minor is living and that person’s relationship to the minor. The minor's birth certificate that includes the names of the parents must be attached to the petition)

CRITICALCivil cases

Applies to

Account

The caption of every account filed for a minor’s estate must state the minor’s date of birth.

The caption of all accounts filed for the estates of minors shall set forth the date of birth of the minor.

CRITICALCivil cases

Applies to

Petition

A petition for access to a minor’s court-created restricted account must include the account, proceeding, withdrawal, penalty, and non-petitioner-parent consent information listed in the rule.

A petition for access to a minor’s restricted account created by the court pursuant to 20 Pa.C.S.A. §5103, shall include the following information: (1) The date that the minor’s restricted account was created; (2) The file name/caption and number of the proceeding in which the restricted account was created; (3) The type of account, the account number, the current balance and the bank name and address; (4) Whether there is an early withdrawal penalty assessed by the bank if access is granted by court order, and if so the amount of any such penalty; (5) The reason for the requested withdrawal; and (6) Whether any non-petitioner parent[s] of the minor consent to the petition.

CRITICALCivil cases

Applies to

Attorney first pleading

An attorney’s first pleading enters the attorney’s appearance and must endorse the attorney’s Supreme Court identification number and in-state service address.

The first pleading filed by an attorney on behalf of a party shall constitute the attorney’s entry of appearance for that party, and shall have endorsed thereon the attorney’s supreme court identification number and an address in the commonwealth at which all papers and notices thereafter may be served upon said attorney on behalf of that party.

CRITICALCivil cases

Applies to

Bill of costs

A bill of costs must include the action caption, specified witness and expense information, and an oath verifying the listed facts.

Bills of costs shall bear the correct caption of the action and must contain the names of witnesses, the days of attendance, the number of miles traveled by each witness, and sufficient information to support all items of expense for which recovery is sought. The bill of costs shall be verified by the party or counsel of record, who shall state under oath, that the expenses listed are accurate and correct and that the witnesses listed were actually present in court on the days alleged and that in the opinion of the deponent their testimony was material.

CRITICALCivil cases

Applies to

Compliance filing

Counsel must file the depository’s sworn acknowledgment, an Attorney’s Certificate of Compliance, and a Parent’s/Legal Custodian’s Certificate of Compliance.

IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Order, (name of counsel to petitioner), Esquire, shall file with the Clerk of the Orphans’ Court Division, a sworn acknowledgment by an authorized official of the depository, that the balance of the money as herewith allotted to the minor has been deposited in a form of savings investment entitled in the minor’s name alone, subject to the restrictions on withdrawals hereinbefore imposed, and that said restrictions and the Orphans’ Court file number, have been noted on the bank’s records and in the passbook or on the certificate as directed; an Attorney’s Certificate of Compliance with Order Directing Deposit of Minor’s Funds, and a Parent’s/Legal Custodian’s Certificate of Compliance with Order Directing Establishment of Restricted Account for Minor.

CRITICALCivil cases

Applies to

Petition for approval of settlement

For a structured settlement, the petition must be accompanied by counsel’s letter disclosing the gross settlement figure and the annuity funding cost.

(iii) if the settlement is structured, a letter from counsel disclosing the gross settlement figure and cost of the annuity funding the structure.

CRITICALCivil cases

Applies to

Petition for approval of settlement

Formal presentation is required in every case unless the court excuses it.

Formal presentation is required in all cases unless excused by the court.

CRITICAL

Applies to

Pleading

Must include

local rule certificate

When §7.0(D) requires it, file the Certificate of Compliance as part of each pleading, not as a separate Lead Document.

When required by §7.0(D) of the state Case Records Public Access Policy, the Certificate of Compliance is to be filed as part of each pleading and NOT filed as a separate Lead Document.

CRITICAL

Applies to

Transcript fee waiver request

Legal Aid-approved litigants need not otherwise prove economic hardship but must attach a certification letter establishing financial eligibility and that the matter is under appeal or the transcript is necessary to advance current litigation.

Litigants who have been approved for representation by Legal Aid Services are not required to further prove economic hardship pursuant to section (B)(1) above; however, they must attach to their Request for Transcript Form a letter of certification from Legal Aid Services that the litigant meets financial eligibility and that the matter is under appeal or that the transcript being requested is necessary to advance the current litigation.

CRITICALCivil cases

Applies to

Affidavit of deposit of minors funds

The parent must have the bank official who opened the restricted account complete the Affidavit of Deposit of Minor’s Funds supplied by the Clerk.

that I must have the bank official who opened the restricted account for my minor child fill out the form entitled, “Affidavit of Deposit of Minor’s Funds” that will be supplied to me by the Clerk of the Orphans’ Court Division;

CRITICALCivil cases

Applies to

Petition for approval of settlement

A petition for approval of settlement must include a copy of the release.

(6) A copy of the release.

CRITICALCriminal cases

Applies to

Approval petition

Each petition must attach a current, valid Department Appointment Form showing the Bail Bondsman’s appointment as the Insurer’s producer.

Each petition must include as an attachment a current and valid Appointment Form showing that the Bail Bondsman has been appointed as a producer for the Insurer with the Department shall attached to the petition. The execution of any bail bond by any Bail Bondsman appointed by the Insurer shall create a valid and binding obligation of the Insurer;

CRITICALCivil cases

Applies to

Default judgment praecipe

A praecipe seeking default judgment must state the facts supporting the present right to judgment and certify the parties’ addresses.

Where a rule to show cause has been obtained or a demand made or a notice to plead given under any applicable court rule or statute, the neglect of which entitles a party to a judgment, the clerk of courts shall enter such judgment upon praecipe by the party not in default, which praecipe shall set forth all the facts substantiating the present right to said judgment and include a certification as to the addresses of the parties.

CRITICALCriminal cases

Applies to

Bail bond form

A bail bondsman must use only the court-approved name on bail bond forms and surety information pages submitted to the Clerk.

The Bail Bondsman shall only use the approved name on any bail bond form or surety information page submitted to the Clerk on bail bonds issued by that Bail Bondsman.

CRITICALCivil cases

Applies to

Post trial motion

Must include

proposed order, certificate of service

A post-trial motion must be filed with a transcript-designation request, and copies of the filings and a proposed transcription order must be delivered to the specified recipients with a certificate of service filed of record.

All post-trial motions shall be filed with the clerk of courts in accordance with Pa.R.C.P. 227.1, together with a request designating that portion of the record to be transcribed. A copy of the items filed, along with a proposed order for transcription, shall also be delivered to the trial judge, the court administrator, the court reporter, and every other party to the action and a certificate of such service shall be filed of record.

CRITICALCriminal cases

Applies to

Approval petition

Each petition seeking approval to operate as a Bail Bondsman must attach a current, valid Department-issued Certificate of Authority showing the Insurer’s authorization under 40 P.S. §382(1).

Each petition must include as an attachment a current and valid Certificate of Authority issued by the Department showing that the Insurer is authorized under 40 P.S. §382(1) shall be attached to the petition seeking approval to operate as a Bail Bondsman;

CRITICALCivil cases

Applies to

Settlement conference report

The settlement-conference report must use the court-approved format and identify the specified parties, attendance, settlement, and mediator information.

Within five (5) days following each settlement conference, the lawyer mediator shall submit to the court administrator’s office a written report in the format approved by the court provided to the lawyer mediator by the civil court coordinator at the time of appointment, which report shall identify the parties to the litigation, their counsel, whether any attorney failed to appear, offers/demands of settlement (except as provided in (e) (4) above), recommendations of the lawyer mediator, whether the case settled and/or the possibility of settlement, and whether additional involvement of the lawyer mediator is necessary to effectuate settlement.

CRITICALCivil cases

Applies to

Personal bond

When cash is deposited instead of approved surety, the party posting bond must execute a personal bond stating the deposit’s terms and conditions; this does not apply to cash bail in criminal cases.

Where cash is deposited in lieu of approved surety, the party required to post bond shall execute his personal bond in appropriate form stating the terms and conditions under which such cash deposit is made; provided, however, that this rule shall have no application to the posting of cash bail in criminal cases.

CRITICALCivil cases

Applies to

Petition for approval of settlement

If non-disclosure of settlement terms is a condition of settlement, the petition must be accompanied by a separate confidentiality order.

(ii) if non-disclosure of terms is a condition of settlement, a separate confidentiality order.

CRITICALCivil cases

Applies to

Zoning hearing board appeal

A zoning hearing board appeal caption must identify the municipality and follow the form provided by the rule.

The caption of an appeal from a decision of a zoning hearing board shall contain a reference to the name of the municipality and shall be in the following form:

CRITICALCivil cases

Applies to

Petition for adjudication

Counsel for the accountant must certify examination of the last recorded deed or its record and that the submitted description exactly matches the recorded deed.

Counsel for the accountant shall certify that he has examined the last recorded deed or the record thereof in the public office for the recording of deeds in the county in which the real estate is located and that the description submitted is a true and exact copy of the description contained in the recorded deed.

CRITICALCivil cases

Applies to

Return of sale

A return of public sale submitted for confirmation must be an affidavit stating the notice given, the purchaser’s name and address and that the purchaser was the highest bidder, and the price obtained.

Returns of public sale of real property for the purpose of confirmation by the Court shall be in the form of an Affidavit which shall set forth: (1) The notice given as provided by Leh. O.C. Rule 5.10-2 hereof; (2) The name and address of the purchaser and an averment that he was the highest bidder; and (3) The price obtained.

CRITICALCivil cases

Applies to

Petition for citation to show cause

The petition for citation to show cause must include the specified decree, appeal, petitioner, legal and factual, interested-party, and consent information.

(b) A petition for citation to show cause why an appeal from the Register should not be sustained shall include the following: (1) A description of the decree of the Register from which the appeal is taken, including the date thereof; (2) The date on which a Notice of Appeal was filed with the Register, and if a bond was required, the amount thereof, the date on which it was filed and the name of the surety, if any; (3) The name, address and interest/standing of each petitioner; (4) The factual and legal basis for the appeal; (5) The names and addresses of all interested parties, whether they are sui juris, and if not, the names and addresses of their duly appointed legal representatives together with the date and place of said fiduciary’s appointment; and (6) The names of any interested parties whose Consents and Joinders are attached and the names of those whose Consents and Joinders are not attached and the nature of such non-consenting party’s interest.

CRITICALCivil cases

Applies to

Petition to stay execution

A stay of execution under Pa.R.C.P. 3121(b) requires a petition without a rule stating the grounds and notice with a copy of the petition at least 24 hours before presentation, identifying the application’s time and place; if manual seizure is imminent, the court may set the procedure and notice in its discretion.

No stay of execution shall be granted under Pa.R.C.P. 3121(b) except on petition (without a rule) setting forth the grounds therefor, with notice, including a copy of the said petition, at least twenty-four (24) hours prior to the presentation thereof, said notice to set forth the time and place where the intended application is to be made; provided, however, that where manual seizure of personal property by the sheriff is imminent, the court may entertain a petition to stay execution in such manner and with such notice as it, in its discretion, may require.

CRITICALCivil cases

Applies to

Petition for approval of settlement

A petition for approval of settlement must include written evidence of any specified subrogation lien proposed to be paid from the settlement proceeds.

(3) Written evidence of Department of Public Welfare or any other subrogation lien proposed to be paid from the settlement proceeds.

CRITICALCivil cases

Applies to

Eminent domain petition

An eminent domain petition must be filed with the civil division clerk; three copies and a proposed order must be delivered to the court administrator; and the initial petition must cite its authorizing statute.

(i) The petition shall be filed with the clerk of courts, civil division. (ii) Three copies of the petition and one proposed order to appoint the viewers shall be delivered to the court administrator’s office for transmittal to the court and to the appointed viewers. (iii) The initial petition presented to the court in any eminent domain proceeding shall cite the statute under which the petition is filed.

CRITICALCriminal cases

Applies to

Petition

The petition must include a copy of the rates the bail bondsman will charge as an appointed producer of the insurer, as approved by the Department.

A copy of the rates to be charged by the Bail Bondsman as an appointed producer of the Insurer and approved by the Department shall be attached to the petition;

CRITICAL

Applies to

Proposed order

Must include

case number

A proposed order must contain the correct File Number.

Contain the correct File Number

CRITICALCivil cases

Applies to

Petition for access to funds

The petition must include the prescribed verification that its facts are true to the petitioner’s knowledge, information, and belief, and acknowledge the stated penalties for false statements.

I, petitioner, verify that the facts stated in the foregoing Petition for Access to Funds on Deposit for Minor (under the age of 14) in Restricted Account Established Pursuant to Court Order are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A.§4904 relating to unsworn falsification to authorities.

CRITICALCivil cases

Applies to

Petition

For a contested allocation requiring a hearing, submit the original petition and exhibits, proposed decree, and a rule returnable establishing the hearing date and directing service to orphans' court counsel by mail or hand delivery.

In all cases, whether or not suit has been instituted, if the petition has not been approved by the Department of Revenue and a hearing is needed on the issue of allocation of proceeds, the original petition and exhibits shall be submitted to the orphans' court counsel (as per subsection (1) of section (g) above) by mail or hand delivery together with a proposed decree (as per subsection (2) of section (g) above) and with a rule returnable which establishes a hearing date and directs service.

CRITICALCivil cases

Applies to

Petition for approval of settlement

After entry of a decree following formal presentation in a case where suit was instituted, petitioner’s counsel must file the original decree, petition, and exhibits with the clerk of courts.

(i) file the original decree, petition and exhibits with the clerk of courts;

CRITICALCivil cases

Applies to

Petition for approval of settlement

A petition for approval of settlement must include a medical report or opinion describing the injury, treatment, recovery, and prognosis.

(4) A medical report or opinion that contains a description of injury, course of treatment, recovery and prognosis.

CRITICALCivil cases

Applies to

Opposition to motion for judgment on the pleadings

Any party opposing the motion shall file a response along with a supporting brief, within twenty (20) days after service of the motion.

Any party opposing the motion shall file a response along with a supporting brief, within twenty (20) days after service of the motion.

CRITICALCivil cases

Applies to

Petition

The petition must include the listed exhibits, including cost and fee documentation, agreements, certificates, estate records, lien evidence, the Department of Revenue response, and the release.

The petition shall have attached to it as exhibits, the following items: (1) An itemization of the costs to be reimbursed (including orphans' court filing fees to be incurred if copies of the order will need to be filed in orphans' court division as required by section (i) of this rule regarding Filing of Final Decrees). (2) A copy of the contingency fee agreement signed by clients and counsel. (3) Birth certificate for any beneficiary who is a minor. (4) Consents and joinders of an adult child not claiming a portion of wrongful death proceeds, or proof of service of petition and proposed decree upon them. (5) Guardian's certificate evidencing the appointment of a guardian of the estate of a distributee who is a minor or an incapacitated person. (6) Regarding non-Lehigh County estates: (i) a short certificate that is not more than sixty (60) days old evidencing petitioner's appointment as personal representative. (ii) a copy of the inventory of the decedent's estate. (iii) a copy of decedent's will. (iv) notices of claims against the estate filed of record. (7) Written evidence of Department of Public Welfare or any other subrogation liens proposed to be paid from settlement proceeds. (8) Written response from the Office of Chief Counsel on behalf of the Department of Revenue approving or disapproving the proposed allocation of proceeds between the wrongful death and survival actions. (9) A copy of the release.

CRITICALCivil cases

Applies to

Motion

Every motion must identify the statutes, case law, and procedural rules supporting the requested relief.

All motions shall identify any statute, caselaw, and/or procedural rules relied upon to justify the relief requested.

CRITICALCriminal cases

Applies to

Objection to expungement

An objection to expungement must be filed by petition and properly served on all parties; the Court will schedule a hearing.

Such objection must be filed in a petition with proper service to all parties and a hearing shall be scheduled before the Court;

CRITICALCivil cases

Applies to

Restated account

A filed account restated in its entirety must retain its original title with “As Restated” added.

(3) When an account which has been filed is restated in its entirety, it shall carry the title of the original account with the words “As Restated” added;

CRITICALCivil cases

Applies to

Time stamped decree copy

If the decedent’s estate was raised in Lehigh County, file a time-stamped copy of the decree with the clerk of the orphans’ court division, subject to the stated direction for minor or incapacitated distributees.

(ii) if the decedent's estate was raised in Lehigh County, file, pursuant to 20 Pa.C.S.A. §3323 (b) (3), a time-stamped copy of the decree with the clerk of orphans' court division. (If there are minor and/or incapacitated distributees, see subsection (2) of this section (i), below).

CRITICALCivil cases

Applies to

Petition for access to funds

A petition for access to a minor’s restricted account must provide the specified information about the minor, parents, account, and requested access, and attach available documentation of the expense.

1. ______________________________ was born on __________________ and is currently ____________ years of age and resides at ___________________________________ with ________________________________________. (state the minor’s name, date of birth, current address and the name of the adult with whom the minor is living and that person’s relationship to the minor) 2. The minor is the son/daughter of ____________________and ________________ who currently reside at ____________________________________________________________. (provide names and addresses of both parents; if the other parent is deceased, state date of death and give address of surviving parent; if the current whereabouts of a parent are unknown, so state and indicate the last time that parent had any contact with the minor) 3. By Court Order dated _________________________ a restricted account was established for the petitioner’s minor son/daughter at bank. The approximate amount of the initial deposit was ______________. The approximate amount of the current balance is ____________. 4. Access to the restricted account is requested because: (State the reasons why you want to use these funds and indicate how much money you are requesting be released. Attach to this petition as much documentation that you have regarding the expense for which you are seeking funds from the restricted account, e.g. tuition bill; cost estimate; invoice, etc.)

CRITICALCivil cases

Applies to

Petition

The petition must identify the other parent and provide the specified address or death information, state the petitioner’s custody award, and attach the custody order as an exhibit.

(provide name of the other parent and his or her current address if living, and the date and place of death if deceased). By order dated, , your petitioner was awarded ( ) legal ( ) physical ( ) legal and physical custody of said minor. (attach a copy of the custody order as an exhibit)

CRITICALCivil cases

Applies to

Account

Accounts must not be titled “Amended” or “Revised Account.”

(4) The titles “Amended” or “Revised Account” shall not be used.

CRITICALCriminal cases

Applies to

Continuance order

An order granting a preliminary-hearing continuance under subsection (c) must set the time for the hearing.

(d) If a continuance is granted pursuant to section (c) of this Rule, the order of court granting the same shall set a time at which the preliminary hearing shall be held.

CRITICAL

Applies to

Proposed order

A proposed order must identify the related pleading exactly and leave a blank for that pleading’s filing date.

Include the exact name of the pleading to which it relates and a blank space for insertion of the date on which that pleading was filed (e.g. “Upon consideration of the Petition For Appointment of Successor Trustee filed ______________,”)

CRITICALCivil cases

Applies to

Motion for summary judgment

A motion for summary judgment must be filed with the clerk with a supporting brief, and a copy of both must be delivered to the court administrator for the assigned judge.

A motion for summary judgment shall be filed with the clerk of courts, and shall be accompanied by a supporting brief. A copy of the motion and brief shall be delivered to the court administrator’s office for transmittal to the assigned judge.

CRITICALCivil cases

Applies to

Pretrial statement

A pretrial statement must include the estimated trial length, any reasons supporting a requested view, scheduling problems, special evidentiary issues, and a realistic settlement demand or offer.

Pursuant to Pa. R.C.P. 212.2 (a) (7), the pre-trial statement required by Pa. R.C.P. 212.2 shall also include the following information: (a) the estimated length of trial; (b) a statement of reasons to support a request for view, if desired; (c) any scheduling problems; (d) any special evidentiary issues; (e) a realistic settlement demand or offer.

CRITICALCivil cases

Applies to

Account

Accounts must be designated consecutively using the applicable partial or final account titles.

(1) All accounts shall be designated consecutively, as the case may be, viz.: First and Partial, Second and Partial, etc.; First and Final, Second and Final, etc.;

CRITICALCivil cases

Applies to

Petition for after discovered assets

After final confirmation, a personal representative or interested party may petition regarding newly discovered assets without a supplemental inventory or formal accounting, and the petition must include the specified tax, claimant, distributee, and proposed-distribution information.

Whenever additional assets are discovered after audit and final confirmation of an account, a petition by the personal representative or any interested party may be presented to the Court without the filing of a supplemental inventory or a formal accounting. The petition shall set forth that no transfer inheritance tax is due or that any such tax due has been paid as shown by a true and correct copy of the official receipt therefor attached to the petition as an exhibit; that there are no known unpaid claimants of the estate or, if there be such claimants, the names, addresses, and amounts claimed by such claimants; the names and addresses of those entitled to receive distribution and the facts supporting such conclusions; and a Petition for Adjudication/Statement of Proposed Distribution.

CRITICALCivil cases

Applies to

Petition

A Guardian ad litem or Trustee ad litem may resign only after obtaining the Court’s prior approval pursuant to a petition.

No Guardian ad litem or Trustee ad litem shall resign without prior approval of the Court pursuant to a petition.

CRITICALCriminal cases

Applies to

Arrest warrant affidavit

Before accepting an arrest warrant affidavit containing information police believe should not be disclosed, the judicial officer must ask police about it and require Commonwealth attorney approval before filing; if police indicate it contains no such information, the affidavit is accepted.

Arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the arrest warrant affidavit has the approval of an attorney for the Commonwealth prior to filing in any case where the affidavit contains information, the disclosure of which, in the opinion of the police, would endanger the safety of an informant, jeopardize the integrity of an ongoing criminal investigation, or which for any other reason should not be disclosed at or about the time of the execution of the warrants. The judicial officer shall ask the police, prior to accepting an affidavit, whether it contains any such information, and if the police indicate it does, the judicial officer shall require that it be submitted to an attorney for the Commonwealth for approval in accordance with this Rule. If the police indicate it does not, the judicial officer shall accept the affidavit.

CRITICALCivil cases

Applies to

Motion for special service order

Must include

caption

A motion for a special service order under Pa. R.C.P. 430 must include the Appendix 1 cover sheet.

Every motion for a special order directing the method of service pursuant to Pa. R.C.P. 430 shall be accompanied by a cover sheet in the form set forth as Appendix 1 of these rules.

CRITICALCriminal cases

Applies to

Criminal complaint and arrest warrant affidavit

For complaints and arrest warrant affidavits charging one or more listed offenses, an attorney for the Commonwealth must approve them before filing or judicial acceptance.

Criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging one or more of the following offenses shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing:

CRITICALCriminal cases

Applies to

Disclosure form

The disclosure form must state the bail amount, the defendant’s bail obligations, conditions for bond revocation, and conditions for bond exoneration.

failing to deliver to the defendant, and any person providing collateral on the defendant's behalf, prior to the time the defendant is released from jail, a one-page disclosure form which, at a minimum, must include: (A) the amount of the bail; (B) the defendant's bail obligations; (C) the conditions upon which the bond may be revoked; and (D) the conditions under which the bond may be exonerated.

CRITICALCivil cases

Applies to

Decree

Counsel must file with the orphans’ court division one time-stamped decree copy for each minor recipient to obtain a separate file number for each minor.

(ii) file as many time-stamped copies of the decree (iii) as there are minor recipients of settlement proceeds (structured or non-structured) with the clerk of the orphans' court division in order to obtain a separate orphans' court file number for each minor; and

CRITICALCivil cases

Applies to

Public sale petition

Must include

proposed order

The petition must request an order and include a proposed order authorizing the public sale, stating the sale date, directing a return of sale, and setting a confirmation date.

(8) A prayer for an order and a copy of a proposed order authorizing the public sale of real property in accordance with the terms of sale set forth in the petition, setting forth the date for sale, directing the filing of a return of sale in accordance with Rule 5.10-3 and setting a date for confirmation of the sale.

CRITICALCivil cases

Applies to

Praecipe

A party may have a compulsory-arbitration matter listed by praecipe once pleadings are closed or the pleading deadline has passed and no motions requiring disposition remain; the court administrator may also list it under the circumstances described later.

A matter subject to compulsory arbitration shall be listed for hearing by (1) praecipe of any party when the pleadings are closed or the time for filing pleadings has ended, and there are not any outstanding motions requiring disposition by the court, or by (2) the court administrator under circumstances hereafter described.

CRITICALCivil cases

Applies to

First pleading

A party’s first pleading must endorse an in-state address for service of later papers and notices.

The first pleading filed by any party in a case shall have endorsed thereon an address in the commonwealth at which all papers and notices thereafter may be served upon that party.

CRITICALCivil cases

Applies to

Electronic legal paper

Electronic legal filings must use one of the stated signature methods, with verification through the OFS account credentials and user ID.

As provided by Pa.R.C.P No. 1023.1, the required signature on an electronic filing of legal papers is established by submission of a filing and the application of a digitized signature or the name of the filer proceeded by /s/ accompanied by the attorney’s printed name or a scanned document with an original signature. Verification will be achieved through the use of an email address and a password obtained from the OFS System. The OFS system will verify the user ID against the state ID number. Verification for parties other than attorneys will be verified through the user ID.

CRITICALCivil cases

Applies to

Motion

An uncontested motion must include counsel’s certification that it is uncontested.

An uncontested motion shall be accompanied by a certification of counsel that the motion is uncontested.

CRITICALCivil cases

Applies to

Praecipe for writ of summons

An ejectment action commenced by praecipe for a writ of summons must include a copy of the land description for insertion in the writ.

If the action in ejectment is commenced by filing a praecipe for a writ of summons, there shall be filed with the praecipe a copy of the description of the land for insertion in the writ.

CRITICALCivil cases

Applies to

Parental consent

The parent consent form provides for the parent’s relationship to the minor, consent to the withdrawal and its intended use, a statement of inability to afford the expense, and parent signature(s) and date(s).

I/We am/are the mother/father of , a minor, age 14 or older, I/we consent to the authorization to withdraw to be used for _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ I/we am/are unable to afford this expense. Date: (Signature of Parent) Date: (Signature of Parent)

CRITICALCivil cases

Applies to

Stay of execution petition

A petition for a stay based on a misdescription of property must include a corrected description, which will bind the petitioner thereafter.

(b) A petition for a stay of execution based upon misdescription of property shall contain a corrected description of the property which thereafter shall be conclusive upon the petitioner.

CRITICALCriminal cases

Applies to

Approval petition

Each petition must attach a copy of the Bail Bondsman’s Department-issued license.

Each petition must include as an attachment a copy of the license of the Bail Bondsmen issued by the Department

CRITICALCivil cases

Applies to

Petition

For a structured settlement, counsel must provide a letter disclosing the gross settlement figure and the annuity funding cost.

(iii) if the settlement is structured, a letter from counsel disclosing the gross settlement figure and the cost of the annuity funding the structure.

CRITICALCivil cases

Applies to

Petition to perpetuate testimony

A petition to perpetuate testimony must include the averments required by Pa. R.C.P. 1532.

A petition to perpetuate testimony shall include the averments required by Pa. R.C.P. 1532.

CRITICALCivil cases

Applies to

All documents

Must include

caption, judge name, case number

Every document must include the correct case caption and document title, along with specified identifying and contact information for the filing attorney or non-attorney party.

(11) All documents shall contain the following: (i) the correct caption of the case, including the names of the parties, the docket number, the division of the court, and the name of the assigned judge, if any; (ii) a title indicating the nature of the document; (iii) the name, address, telephone number, fax number and Supreme Court identification number of the attorney filing the document; and (iv) if the party filing the document is not an attorney, the name, address, telephone number of such party.

CRITICALCivil cases

Applies to

Attorney address change request

An attorney changing address must file a signed request on letterhead with the clerk, containing the specified identifying information and new address; each attorney must do so when a firm moves.

A change of address of an attorney of record may only be accomplished by filing a written request with the clerk of courts, directing that the clerk's attorney file be updated to reflect the attorney’s change of address. The request must be on the attorney’s letterhead, shall be signed by the attorney, and shall contain the attorney’s full name, Supreme Court identification number and new address. When a law firm changes its address, each attorney employed by said firm shall comply with this procedure.

CRITICALCivil cases

Applies to

Motion

A motion for special service must include an affidavit and supporting documentation showing that all prerequisites and at least one discretionary effort were attempted.

An affidavit and supporting documentation is attached to the motion indicating that all prerequisites and at least one discretionary effort have been attempted;

CRITICALCivil cases

Applies to

Petition to pay money into court

A petition to pay money into court must state the reasons for the request and the exact amount.

A petition for the payment of money into court shall set forth the reasons for requesting such action and the exact amount to be paid.

CRITICALCivil cases

Applies to

Account

Accounts must not blend distribution items with credit items and an account containing such blending must not be filed and will not be confirmed.

Items of distribution shall not be blended with credit items. Accounts containing such blending shall not be filed, and if filed, will not be confirmed.

CRITICALCivil cases

Applies to

Petition for adjudication

A proposed in-kind distribution generally requires a signed and acknowledged writing filed with the petition that identifies the elected assets, their allotment values, and the requested distribution order, subject to the stated exceptions.

Whenever unconverted personalty or realty is included in the balance of an account and distribution thereof in kind is proposed, a writing shall be filed with the Petition for Adjudication/Statement of Proposed Distribution, signed by the prospective distributee or distributees and acknowledged before a person duly authorized to take acknowledgments, setting forth his or their election to take in kind, designating clearly and accurately the particular asset or assets included in the election, stating the values at which said asset or assets shall be allotted, and requesting the Court to order distribution accordingly; provided that the foregoing rule shall not apply in the following instances:

CRITICALCriminal cases

Applies to

Order or court notice

The original order or notice transmitted to the Clerk for filing must identify each attorney or party served and include their names, addresses, and the dates and methods of service.

(b) Copies of orders and court notices generated by the Court Administrator shall be served by the Court Administrator, who shall indicate on the original transmitted to the Clerk for filing, each attorney or party served, including their names, as well as addresses, dates, and methods of service.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections asserting facts not otherwise of record must include a notice to plead and the specified underlined, capitalized statement.

Preliminary objections which assert facts not otherwise of record, including but not limited to, an objection under Pa. R.C.P. 1028 (a) (1), (5), or (6) shall be endorsed with a notice to plead pursuant to Pa. R.C.P. 1361. Such preliminary objections shall state specifically in underlined capital letters: THESE PRELIMINARY OBJECTIONS ASSERT FACTS NOT OTHERWISE OF RECORD.

CRITICALCriminal cases

Applies to

Approval petition

A Bail Bondsman or Insurer acting on the Bail Bondsman’s behalf may seek approval by filing a petition with the Clerk, and the petition must provide the required information and attach the documents and certifications required by subsection (b).

A Bail Bondsman, or an Insurer on behalf of a Bail Bondsman, may seek approval to serve as surety on any bail in the Thirty-first Judicial District by filing a petition with the Clerk. The petition must provide the information and have attached as exhibits any documents and certifications required in subsection (b) herein.

CRITICALCivil cases

Applies to

Legal paper

Legal paper filed pro se must be endorsed with the filer's name, address, and telephone number.

If filed pro se (an unrepresented party), shall be endorsed with his name, address and telephone number.

CRITICALCivil cases

Applies to

Settlement petition

Wrongful death actions involving a minor or incapacitated person and survival actions require the specified petition and judicial decree or approval before settlement, compromise, or discontinuance.

(a) All wrongful death actions in which a minor or incapacitated person has an interest shall not be settled, compromised, or discontinued until entry of a decree by the civil division or orphans' court division of this court as hereinafter provided, upon petition in accordance with this rule. (b) No survival action may be settled, compromised, or discontinued without judicial approval pursuant to petition as hereinafter provided.

CRITICALCivil cases

Applies to

Supersedeas

A zoning hearing board appeal does not operate as a supersedeas unless the court enters a special order.

An appeal from a decision of a zoning hearing board shall not act as a supersedeas without special order of court.

CRITICALCivil cases

Applies to

Compensation request

Unless the Court directs otherwise, a compensation request must be filed with the Clerk as a petition accompanied by an itemized statement of services.

Unless otherwise directed by the Court, requests for compensation shall be in the form of a petition filed with the Clerk and shall be accompanied by an itemized statement of services rendered.

CRITICALCivil cases

Applies to

Affidavit of service

If a return receipt is unsigned or not returned, the affidavit must say so and state the reason if known.

If the receipt is not signed or is not returned, the affidavit shall so state, together with the reason therefore, if known.

CRITICALCivil cases

Applies to

Petition

A foreign-language instrument attached to a petition must be accompanied by an English translation sworn to or affirmed by the translator as true and correct.

Whenever a written instrument in a language other than English is attached to a petition as an exhibit, it shall be accompanied by an English translation sworn to or affirmed by the translator to be a true and correct translation of the original.

CRITICALCivil cases

Applies to

Petition for adjudication

A petition proposing distribution of unconverted real estate must include each parcel’s metes-and-bounds description, PIN, and the derivation of the decedent’s title.

Whenever the distribution of unconverted real estate is proposed, whether in satisfaction of a specific devise or a request for distribution in kind, there shall be submitted with the Petition for Adjudication/Statement of Proposed Distribution a description by metes and bounds and Parcel Identification Number (“PIN”) of each tract or parcel of realty to be distributed, together with a recital of the derivation of decedent’s title.

CRITICALCivil cases

Applies to

Report

When directed by the Court, an appointed Guardian ad litem or Trustee ad litem must file a written report upon concluding the appointment duties, substantially conforming to Pa. O.C. Rule 9.4.

Upon direction by the Court, each Guardian ad litem and Trustee ad litem appointed by the Court shall, upon concluding the duties of his appointment, file with the Court a written report in substantial conformity with Pa. O.C. Rule 9.4.

CRITICALCivil cases

Applies to

Petition

A petition for a structured settlement must include the factually applicable information required for a non-structured settlement except the gross settlement figure, plus specified annuity, guarantor, guarantee-duration, and contingent-beneficiary information.

(i) All of the information required by subsection (1) of this section (d) that is factually applicable except the gross settlement figure, which shall not appear in the petition; and (ii) the name of the company issuing the annuity that will fund the structure together with its rating by 2 of the following: A.M. Best Company; Standard & Poor; Moody; or Duff& Phelps. (iii) the same information as in subsection (ii) above, regarding any guarantors of the structure. (iv) the duration for which the future payments are guaranteed, and the names and relationship to the minor of the contingent beneficiaries of the guaranteed payments.

CRITICALCivil cases

Applies to

Motion

A motion for judgment on the pleadings must be accompanied by a supporting brief.

All motions for judgment on the pleadings shall be accompanied by a brief in support thereof.

CRITICALCivil cases

Applies to

Petition

A petition concerning a non-structured settlement must provide the specified information about the minor, the case, settlement proceeds, and related matters, including whether confidentiality is a condition and, if so, a request to seal the petition and decree.

(i) the minor's name, date of birth and where and with whom s/he currently resides; (ii) the names and addresses of both of the minor's parents; (iii) delineation of the factual circumstances of the case; i.e. date of accident/injury, how it occurred; identification of defendants, etc. (iv) the nature and extent of the minor's injuries; the current diagnosis of and prognosis for the minor's condition. (v) the gross amount of the settlement and whether or not it represents policy limits. (vi) if the settlement amount proposed to the minor is a portion of a gross figure allocated among others injured in the same accident (even if adults) the names of those persons, their relationship to the minor, the nature and extent of their injuries and the amount of their proposed recoveries. (vii) the total amount of medical costs incurred and how paid. (viii) the nature and amount of any subrogation or Department of Public Welfare lien proposed to be paid from the settlement proceeds. (ix) the amounts of the proposed legal fee and of costs proposed to be paid to counsel from the settlement proceeds. (x) explanation of and justification for any amount proposed to be paid from the settlement proceeds to a parent or parents of the minor. (xi) whether or not it is anticipated that a judicial determination of capacity will be necessary when the minor attains majority. (xii) the name and address of a bank or credit union doing business in Lehigh County where amounts payable during minority will be placed in an interest-bearing savings account, money-market account, or certificate of deposit entitled in the minor's name alone; or the name and date of appointment of a corporate guardian of the estate who will administer the minor's funds. (xiii) whether or not non-disclosure of the terms is a condition of the settlement; and if so, a request that the petition and decree be sealed.

CRITICALCivil cases

Applies to

Petition

A petition requesting leave of court is required to obtain alternative service.

A petition requesting leave of court for alternative service is required. See, Leh.O.C. Rule 3.5-3.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

A motion governed by this rule must be filed with a supporting brief, and a copy of the motion and the original proposed order must be delivered to the court administrator for the assigned judge.

Motions subject to this rule shall be filed with the Clerk of Courts, Civil Division, and shall be accompanied by a supporting brief. A copy of same, along with the original of the proposed form of order, shall be delivered to the court administrator’s office for transmittal to the assigned judge.

CRITICALCivil cases

Applies to

Original decree petition and exhibits

When suit has been instituted, counsel for the petitioner must file the original decree and petition with exhibits unless those materials were previously filed under section (h).

(i) file the original decree and petition plus exhibits (if not previously filed per section (h) above) with the clerk of courts - civil division;

CRITICALCivil cases

Applies to

Withdrawal or payment of money paid into court

Money paid into court may be withdrawn or paid out only under a written court order.

Money paid into court may not be withdrawn or paid out except upon written order of court.

CRITICALCivil cases

Applies to

Petition

An action involving a minor generally cannot be settled, compromised, or discontinued until the required decree is entered on petition, except for the specified wrongful death and survival actions.

All actions in which a minor has an interest, except wrongful death and survival actions governed by Leh.R.C.P. 2206, shall not be settled, compromised, or discontinued until entry of a decree in the civil division or orphans' court division of this court as hereinafter provided, upon petition in accordance with this rule.

CRITICALCivil cases

Applies to

Petition

An attorney’s signature on a petition certifies that any uncertified or unauthenticated copies are true and correct copies of the originals.

(b) The signature of an attorney to a petition shall constitute a certification by that attorney that all copies of written or printed instruments, records or documents which are not certified or authenticated, are true and correct copies of the original.

CRITICALCivil cases

Applies to

Petition

Petitions must be filed with the clerk, with a copy and an unattached form of order delivered to the court administrator.

All petitions shall be filed with clerk of courts, and a copy thereof shall be delivered to the court administrator’s office together with an unattached form of order as set forth in Pa. R.C.P. 206.5.

CRITICALCriminal cases

Applies to

Police criminal complaint or arrest warrant affidavit

For a rearrest or reinstatement of charges dismissed for failure to prove a prima facie case arising from the same criminal episode, the complaint and affidavit require Commonwealth attorney approval before filing.

Police criminal complaints or arrest warrant affidavits shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing where the complaint or arrest warrant are for the rearrest of a defendant previously discharged, or to reinstitute a charge or charges previously dismissed by an issuing authority for failure to prove a prima facie case, provided the current and the former cases arise out of the same criminal episode.

CRITICALCivil cases

Applies to

Petition for approval of settlement

The minor and both parents must attend the presentation unless a non-appearing parent meets one of the stated exceptions.

Attendance at presentation is required of the minor and both parents unless the non-appearing parent: (i) is a co-petitioner; or (ii) has signed a consent and joinder to petition; or (iii) has been served with a copy of the petition and notice of its presentation; or (iv) is unable to be located after efforts deemed satisfactory to the court.

CRITICALCivil cases

Applies to

Petition

The petition must substantially comply with the form in Appendix C, including its referenced attachments.

The petition shall be in substantial compliance with the form annexed as APPENDIX C, including referenced attachments.

CRITICALCivil cases

Applies to

Petition for approval of settlement

Petitions for approval of settlement must include an itemization of reimbursable costs, including specified orphans' court filing fees.

(1) An itemization of costs to be reimbursed (including orphans' court filing fees to be incurred by compliance with section (g) of this rule and regarding Filing of Petitions and Decrees).

CRITICAL

When that filing code is selected, anyone requiring notice who is not already a party must be added as a Respondent and/or Party In Interest.

If “Petition for Issuance of Citation/Notice To Plead” is selected from the Filing Code dropdown menu, anyone requiring notice who is not already a party must be added to the Parties Section as Respondent and/or Party In Interest

CRITICALCivil cases

Applies to

Parents certification of compliance

The parent must complete the Parent’s Certification of Compliance form supplied by the Clerk.

that I must fill out the form entitled “Parent’s Certification of Compliance with Court Order Directing Establishment of Minor’s Restricted Account” that will be supplied to me by the Clerk of the Orphans’ Court Division

CRITICALCriminal cases

Applies to

Transcript request

Every transcript request must use the standardized Request for Transcript or Copy Form.

All requests for transcripts shall be set forth on the standardized form, Request for Transcript or Copy Form, available at https://www.lccpa.org/forms/courttrans/general/RequestforTranscript.pdf

CRITICALCivil cases

Applies to

Petition

If settlement terms must be kept confidential, the petition must be accompanied by a separate confidentiality order.

(ii) if non-disclosure of terms is a condition of settlement, a separate confidentiality order.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

File motions with the clerk and deliver a copy and the original proposed order to the court administrator for the assigned judge.

Motions shall be filed with the clerk of courts and a copy thereof, along with the original proposed order which would grant the relief requested, shall be delivered to the court administrator’s office for transmittal to the assigned judge.

CRITICALCriminal cases

Applies to

Legal paper

A legal paper in consolidated or related cases must be filed in each consolidated case.

When cases are consolidated or related, the legal paper submitted for filing shall be filed in each consolidated case.

CRITICAL

Applies to

Transcript fee waiver request

A request to waive or reduce transcript fees must be noted on the Request for Transcript Form and include a completed IFP petition, even if IFP status was previously granted.

Pursuant to Pa.R.J.A. 4008(B), a request to waive or reduce transcript fees shall be noted on the Request for Transcript Form and include a fully completed In Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240, even if IFP status was previously granted on the case.

CRITICALCivil cases

Applies to

Decree or original petition with exhibits

For Lehigh County estates with minor or incapacitated distributees, file the time-stamped signed decree or, if no civil suit was instituted, the original petition with exhibits and decree under the estate’s caption and file number.

(i) file with the clerk of orphans' court division, a time-stamped copy of the signed decree, or if no civil suit was instituted, the original petition with exhibits and decree under the caption and file number of the decedent's estate;

CRITICALCivil cases

Applies to

Legal paper

Legal paper filed by an attorney must be endorsed with the attorney's name, Supreme Court Identification Number, office address, telephone number, and facsimile number.

If filed by an attorney, shall be endorsed with his name, Supreme Court Identification Number, office address, telephone number and facsimile number;

CRITICALCivil cases

Applies to

Rule petition and proposed decree

If no suit has been commenced, file the rule, petition, and proposed decree with the clerk of the orphans’ court division.

(ii) Orphans' court division - if no suit has been commenced, the rule, petition, and proposed decree shall be filed with the clerk of the orphans' court division.

CRITICALCivil cases

Applies to

Pre hearing statement

Each party must file and serve a written pre-hearing statement at least five business days before the conference, containing the listed issues, witnesses, exhibits, proposals, counsel information, hearing estimate, settlement status, and other helpful matters.

At least five (5) business days prior to the date of the pre-hearing conference, each party shall file with the Clerk and serve upon each other party a written pre- hearing statement which shall contain: (1) A listing of the legal and factual issues and relief requested; (2) The names and addresses of all witnesses to be called during the hearing and a statement as to whether each witness is a fact witness or an expert witness; (3) An identification of all exhibits to be used at any hearing; (4) Any list of proposed stipulations or agreements; (5) Any proposed amendments to pleadings; (6) Such other matters as may aid the Court in the disposition of this action; (7) An identification of hearing counsel, along with counsel’s name, address, email address, telephone number and facsimile number; (8) An estimate of the length of the hearing; and (9) A statement as to the status of settlement negotiations.

CRITICALCivil cases

Applies to

Paper

An attorney presenting or filing a paper must endorse it with their name, Supreme Court identification number, office address, and telephone number.

Every attorney presenting or filing any paper with the Court or the Clerk shall endorse thereon his or her name, Supreme Court identification number, office address and telephone number.

CRITICALCivil cases

Applies to

Petition for access to funds

The petition must identify the nonpetitioning parent and provide their address, or explain that parent’s death or unknown whereabouts and, if whereabouts are unknown, the last contact with the minor.

(provide names and addresses of a parent who is not the petitioner; if the other parent is deceased, state date of death; if the current whereabouts of the other parent are unknown, so state and indicate the last time that parent had any contact with the minor)

CRITICALCivil cases

Applies to

Post trial motion

Each post-trial motion must specify the grounds relied upon as provided by Pa.R.C.P. 227.1(b)(2).

All post-trial motions must specify the grounds relied upon as provided by Pa.R.C.P. 227.1 (b) (2).

CRITICALCivil cases

Applies to

Petition for citation to show cause

The petition must include the specified will or other instrument, a time-stamped Notice of Appeal, and Consents and Joinders as exhibits.

(c) Exhibits. (1) A copy of the will, codicil or other instrument relied upon as the basis for the appeal and a copy of the probated instrument, if any; (2) A time-stamped copy of the Notice of Appeal; and (3) Consents and Joinders.

CRITICALCivil cases

Applies to

Written answer or responsive pleading

Anyone opposing the petition or motion must file a written answer or other responsive pleading with the Clerk by the return date.

Notice is hereby given that, if you are opposed to the granting of the prayer of the annexed petition or motion, you must file a written answer or other responsive pleading with the Clerk of the Orphans’ Court Division of Lehigh County, Pennsylvania at the Lehigh County Courthouse, 455 West Hamilton Street, Allentown, Pennsylvania, on or before the return date set forth below.

CRITICALCivil cases

Applies to

Appeal

An appeal from the clerk’s costs decision must specify the challenged items and supporting reasons, and include a praecipe placing the matter on the next available argument list.

The appeal shall contain a specification of the items to which exception is taken and the reasons in support thereof and shall be accompanied by a praecipe placing the matter on the next available argument list.

CRITICAL

Applies to

Entry of appearance of self representation

An unrepresented new party must file an Entry Of Appearance of Self-Representation form before filing in an existing case for the first time.

or the unrepresented new party must complete and file an Entry Of Appearance of Self-Representation form.

CRITICALCivil cases

Applies to

Affidavit of service

For notice sent by mail, facsimile, or electronic transmission, the affidavit must substantially follow the provided form.

If notice was given by mail, facsimile or electronic transmission, the affidavit shall be substantially in the following form:

CRITICALCivil cases

Applies to

Petition for access to funds

The petition must state the minor’s name, date of birth, current address, and the name and relationship of the adult with whom the minor lives.

(state the minor’s name, date of birth, current address and the name of the adult with whom the minor is living and that person’s relationship to the minor)

CRITICALCriminal cases

Applies to

Petition

The affiant or the affiant’s attorney must file a Petition with the complaint, previously reviewed affidavits, and—if separate from the complaint—a copy of the reasons for disapproval.

The affiant or the affiant’s attorney must file a Petition with the Clerk of Courts–Criminal accompanied by the complaint and affidavits previously acted upon by the attorney for the Commonwealth, as well as a copy of the reasons for disapproval if those reasons are contained on a document other than the complaint itself.

CRITICALCivil cases

Applies to

Record removal order

A record, exhibit, or document may not be removed from the Clerk of Courts’ office without a judge-signed written order requiring its return within a specified time; a bond or recognizance in force may never be removed.

Except as hereinafter provided, no record, exhibit or document shall be taken from the office of the Clerk of Courts without a written order signed by one of the judges of the court and requiring the return of such record, exhibit or document within a specified time; provided, however, that under no circumstances shall a bond or recognizance be removed while the same continues in force and effect.

CRITICALCivil cases

Applies to

Praecipe for writ of execution

A mortgage-foreclosure praecipe for a writ of execution must have a description of the subject property attached.

The praecipe for the writ of execution in an action of mortgage foreclosure shall have attached to it a description of the subject property.

CRITICALCriminal cases

Applies to

Petition

The petition contesting denial must state the relief requested and its factual basis.

Any Bail Bondman seeking to contest the denial of its petition for approval to post bail in the Thirty-first Judicial District must file a petition with the Clerk of Judicial Records, Criminal Division and serve the Department of Law within thirty (30) days of the date of denial of its initial petition, and set forth the relief requested and the factual basis therefor.

CRITICALCriminal cases

Applies to

Search warrant application

A search warrant application must be approved by an attorney for the Commonwealth before filing, or a judicial officer may not issue the warrant.

The District Attorney of Lehigh County having filed a certification pursuant to Pa.R.Crim.P. 202, search warrants, in all circumstances, shall not be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

CRITICALCivil cases

Applies to

Petition

If suit has commenced, the rule, petition, and proposed decree must be filed with the clerk of courts-civil division.

(i) Civil division - if suit has been commenced, the rule, petition, and proposed decree shall be filed with the clerk of courts-civil division.

CRITICALCivil cases

Applies to

Trustee account

Accounts filed by Institutional Trustees and Cemetery Companies acting as Trustee under 9 Pa. C.S.A. §308 must include a schedule demonstrating compliance with the periodic-deposit requirement for permanent lot care funds.

The accounts filed by Institutional Trustees and by Cemetery Companies as Trustee pursuant to 9 Pa. C.S.A. §308 shall include therein a schedule containing information sufficient to demonstrate compliance with 9 Pa. C.S.A. §303 regarding periodic deposits to permanent lot care funds.

CRITICALCivil cases

Applies to

Wrongful death survival settlement petition

A petition under Rule 2206 must include the listed case, injury, settlement-allocation, creditor, heir, and guardianship information.

Any such petition shall contain the following information: (1) Delineation of the factual circumstances of the case, i.e., date of the accident/injury, how it occurred, and identification of the defendant(s). (2) Type of injury suffered together with some medical documentation to advise the court of the extent and effect of the injuries. (3) How long the decedent lived after the accident. (4) What portion of the settlement proceeds are to be attributed to wrongful death and what portion to the survival action, together with supporting facts (e.g.; pain and suffering; pecuniary loss etc.) (5) A list of any unpaid creditors of the decedent, and how they will be paid. (6) Whether the decedent died testate or intestate, and a list of the intestate heirs, including adult children, and whether the decedent's children are also children of the surviving spouse. (7) Whether the decedent's intestate heirs are the same as his or her testate heirs and, if not, a list of the testate heirs and their relationship to decedent. (8) To what extent the surviving spouse's $30,000.00 intestate share threshold has been satisfied excluding settlement proceeds. (9) Whether or not decedent's parent(s) or spouse has forfeited his or her intestate share pursuant to 20 Pa.C.S. §2106. (10) The date of the birth of any intestate heir who is a minor. (11) The facts establishing pecuniary loss suffered by adult children claiming a share of wrongful death proceeds; or an averment that an adult child is not claiming any interest in wrongful death proceeds. (12) The date of appointment and name of the guardian of the estate of any heir who has been adjudged incapacitated.

CRITICALCivil cases

Applies to

Petition

A fiduciary’s petition for a public sale of real property must set forth, as appropriate, the fiduciary and governing authority, deed, supported fair-market-value estimate, basis for authority or judicial-sale effect, and any bond details.

A petition by any fiduciary to sell real property at public sale pursuant to §§ 3353, 5155, 5521(b) or 7792 of the Code, or any other applicable statute, shall also set forth, as appropriate: (1) Type of fiduciary and copy of governing instrument or order; (2) A copy of the current deed with PIN; (3) An estimate of the fair market value of the property and the basis therefore, along with supporting documentation; (4) Whether or not the fiduciary is authorized to sell by statute or is not authorized, or is denied the power to do so by the governing instrument or that it is desirable that the sale have the effect of a judicial sale and the reasons why; (5) If the fiduciary has entered a bond, the name of the surety and the amount of such bond;

WARNINGCivil cases

Applies to

Rule to show cause

When personal jurisdiction is unnecessary, already obtained, or conferred by statute, a petitioner may use a Rule to Show Cause instead of a citation or Notice Practice, substantially in Appendix A’s form.

In all cases where personal jurisdiction is not required or has been previously obtained or conferred by statute, a petitioner may proceed in the manner of a Rule to Show Cause, (rather than a citation or Notice Practice), the Rule shall be substantially in the form set forth in Appendix A.

WARNINGCivil cases

Applies to

Praecipe

If there is no responsive pleading or after pleadings have closed, a party may file a praecipe substantially in Appendix B’s form requesting action on the motion or petition.

In the absence of a responsive pleading and/or after the pleadings have closed, any party may file a praecipe, substantially in the form set forth in Appendix B, requesting that the Court proceed on the motion or petition and send a copy of said praecipe to each party by regular mail.

WARNINGCriminal cases

Applies to

Private criminal complaint review petition

Must include

caption

If the Commonwealth’s attorney disapproves a private criminal complaint, the affiant may file a review petition with the Clerk of Courts–Criminal, captioned in the affiant’s name rather than the alleged defendant’s name.

(a) If the attorney for the Commonwealth disapproves a private criminal complaint, the affiant may file a Petition with the Clerk of Courts–Criminal captioned with the name of the affiant, and not the name of the alleged Defendant, for review by the Court.

WARNINGCivil cases

Applies to

Petition for access to funds

The petition should include as much available documentation as possible concerning the expense, such as a tuition bill, cost estimate, or invoice.

Attach to this petition as much documentation that you have regarding the expense for which you are seeking funds from the restricted account, e.g. tuition bill; cost estimate; invoice, etc.)

WARNINGCivil cases

Applies to

Praecipe

The entry of a full or partial satisfaction and of the discontinuance, settlement, or termination of an action may be made by the Clerk of Courts upon praecipe of a party, the attorney of record for the party, or a duly authorized agent of the party, and such entry shall be attested by the Clerk of Courts.

The entry of a full or partial satisfaction and of the discontinuance, settlement, or termination of an action may be made by the Clerk of Courts upon praecipe of a party, the attorney of record for the party, or a duly authorized agent of the party, and such entry shall be attested by the Clerk of Courts.

WARNINGCivil cases

Applies to

Objections

Objections to supplemental accounts or amended Petition for Adjudication/Statement of Proposed Distribution shall be in the same form and

Objections to supplemental accounts or amended Petition for Adjudication/Statement of Proposed Distribution shall be in the same form and

WARNINGCivil cases

Applies to

Motion response

If no response is filed as required, the court may treat the motion as uncontested.

If a response is not filed as provided above, the court may treat the motion as uncontested.

WARNINGCriminal cases

Applies to

Orders of dismissal and expungement

After District Attorney review and approval, the Clerk of Judicial Records - Criminal Division must prepare dismissal and expungement orders for the Court’s signature.

Once reviewed and approved by the District Attorney, the Clerk of Judicial Records - Criminal Division shall prepare Orders of Dismissal and Expungement to be signed by the Court;

WARNINGCriminal cases

Applies to

Written waiver of arraignment

(b) Prior to the date scheduled for arraignment, or at the arraignment, defense counsel, who has filed a written entry of appearance with the Clerk of Courts–Criminal and the attorney for the Commonwealth, may file a written waiver of arraignment properly executed by counsel and the Defendant.

(b) Prior to the date scheduled for arraignment, or at the arraignment, defense counsel, who has filed a written entry of appearance with the Clerk of Courts–Criminal and the attorney for the Commonwealth, may file a written waiver of arraignment properly executed by counsel and the Defendant.

WARNINGCivil cases

Applies to

Property description

A property description need not include metes and bounds if it identifies the property by street address and parcel identifier number.

The brief description of the property required to be set forth pursuant to Pa.R.C.P. 3129.2(b)(1) need not include the metes and bounds description set forth in the last recorded deed as long as the description sets forth the location of the property by street address and by reference to the parcel identifier number (PIN).

WARNINGCivil cases

Applies to

Pleading

When it is impractical to comply with Pa. O.C. Rules 3.4(d) and 3.13, the pleading may be signed and attested by someone familiar with the facts, in which case the reason for the failure of the petitioner to sign shall be set forth in the attestation.

When it is impractical to comply with Pa. O.C. Rules 3.4(d) and 3.13, the pleading may be signed and attested by someone familiar with the facts, in which case the reason for the failure of the petitioner to sign shall be set forth in the attestation.

WARNINGCivil cases

Applies to

Affidavits of deposit and guardians inventory forms

Obtain a separate affidavit of deposit for each minor distributee and a guardian’s inventory form for each incapacitated distributee whose guardian was appointed in Lehigh County.

(ii) obtain from the clerk of the orphans' court division, as many separate affidavits of deposit as there are minor distributees and/or as many guardian's inventory forms as there are incapacitated distributees whose guardians were appointed in Lehigh County; and

WARNINGCriminal cases

Applies to

Ard case closure report

All ARD case closures must be reported to the Clerk of Judicial Records - Criminal Division, who forwards a list of successful completions to the District Attorney’s Office.

All ARD case closures will be reported to the Clerk of Judicial Records - Criminal Division who will forward a list of the successful completions to the Office of the District Attorney;

WARNINGCivil cases

Applies to

Supporting brief

If the movant files no supporting brief, the nonmoving party need not file one, and the court may consider the request abandoned.

If the movant does not file a supporting brief, the non-moving party need not do so, and the court may consider the movant to have abandoned the request for relief.

WARNINGCivil cases

Applies to

Jury demand

When a jury trial has been demanded pursuant to Pa. R.C.P. 1007.1, a trial by a jury consisting of twelve members may be had if written demand therefor is filed with the court on any pleading or as a part of the original pre-trial statement. Such demand may appear on the pre-trial memorandum form under the heading “miscellaneous.”

When a jury trial has been demanded pursuant to Pa. R.C.P. 1007.1, a trial by a jury consisting of twelve members may be had if written demand therefor is filed with the court on any pleading or as a part of the original pre-trial statement. Such demand may appear on the pre-trial memorandum form under the heading “miscellaneous.”

WARNINGCivil cases

Applies to

Affidavits of deposit and guardians inventory forms

Obtain a separate affidavit of deposit for each minor distributee and a guardian’s inventory form for each incapacitated distributee whose guardian was appointed in Lehigh County.

(ii) obtain from the clerk of the orphans' court division, as many separate affidavits of deposit as there are minor distributees and/or as many guardian's inventory forms as there are incapacitated distributees whose guardians were appointed in Lehigh County; and

WARNINGCriminal cases

Applies to

Notice

Reference on that notice should be made to the attorney for the Commonwealth’s case number (such as “D.A. 04-101") which appears on the complaint form in the incident number block.

Reference on that notice should be made to the attorney for the Commonwealth’s case number (such as “D.A. 04-101") which appears on the complaint form in the incident number block.

WARNINGCivil cases

Applies to

Account

Asset values should be stated at both fiduciary acquisition value and market value as of the end of the accounting period.

The values of assets on hand should be stated both at the fiduciary acquisition value and the market value as of the end of the accounting period.

WARNINGCivil cases

Applies to

Brief

Brief arguments must be divided into parts corresponding to the questions involved, and appellate opinions must be cited to the court’s official reports.

The argument shall be divided into as many parts as there are questions involved. Citations to opinions of an appellate court of this or another jurisdiction shall be to the official reports of that court.

WARNINGCivil cases

Applies to

Motion

Continuance motions may be presented directly to the assigned judge on the court administrator’s continuance form and submitted to chambers by hand delivery, mail, or fax.

Notwithstanding the foregoing, motions for continuance may be presented directly to the assigned judge on the continuance form available from the court administrator’s office. Such motions may be submitted directly to the assigned judge’s chambers by hand delivery, by mail, or by facsimile transmission.

WARNINGCivil cases

Applies to

Application for appointment as personal representative

In addition to the payment of the published filing fee, the following may be required: (a) Photo identification of persons applying for appointment as personal representative; (b) An original death certificate or satisfactory substitute; (c) Original will/testamentary writing; and (d) Affidavit of Relationship.

In addition to the payment of the published filing fee, the following may be required: (a) Photo identification of persons applying for appointment as personal representative; (b) An original death certificate or satisfactory substitute; (c) Original will/testamentary writing; and (d) Affidavit of Relationship.

WARNINGCivil cases

Applies to

Requested points for charge

Unless the trial judge permits otherwise for cause shown, requested points for charge are limited to relevant points from the Pennsylvania Suggested Standard Civil Jury Instructions plus ten additional points.

Unless otherwise permitted by the trial judge for cause shown, requested points for charge shall be limited to those relevant points set forth in the Pennsylvania Suggested Standard Civil Jury Instructions plus ten (10) additional points for charge.

INFOCivil cases

Applies to

Petition for adjudication

The in-kind writing requirement does not apply when the will specifically authorizes the accountant to make in-kind distributions.

When the will specifically authorizes the accountant to make distributions in-kind.

INFOCivil cases

Applies to

Petition for adjudication

The in-kind writing requirement does not apply when the distribution satisfies a specific bequest or devise.

When the distribution is in satisfaction of a specific bequest or devise;

INFOCivil cases

Applies to

Petition for adjudication

The in-kind writing requirement does not apply when the proposed distributee, acting in a proper fiduciary capacity, stated or joined in the account and executed and verified the petition.

When the proposed distributee has, in a proper fiduciary capacity, stated or joined in the statement of the account and executed and verified the Petition for Adjudication/Statement of Proposed Distribution.

CRITICALCivil cases

When a case is assigned to a lawyer mediator, counsel must provide specified pretrial statements, intended trial expert reports, and other information counsel deems important at least seven days before the conference.

In the event a case is assigned to a lawyer mediator for settlement conference, at least seven (7) days prior to the conference, counsel shall provide the lawyer mediator with the following information: (i) A copy of all pre-trial conference statements previously filed by that party. (ii) A copy of all expert reports (relating to liability as well as damages) in the possession of that party and which the party intends to use at the time of trial; (iv) Any other information that counsel deems important for the proper evaluation of the case including, but not limited to, any "settlement brochure", photographs, digests of relevant depositions, etc.

CRITICALCivil cases

Applies to

Return of notice

Returns of notice must comply with Leh. O.C. Rule 4.2-3 and be filed with the Clerk by the date set for confirmation of sale.

All returns of notice shall conform to the pertinent provisions of Leh. O.C. Rule 4.2-3 and be filed with the Clerk on or before the date set for confirmation of the sale.