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

CRITICAL

Applies to

Notice to plead

A notice to plead must name the designated lawyer-referral and legal-aid offices and provide their listed contact information.

Pursuant to Pa.R.C.P. 1018.1(c), the following are designated as the offices to be named in the notice to plead from which legal help can be obtained: IF YOU DO NOT HAVE A LAWYER CONTACT: Pennsylvania Bar Association Lawyer Referral Service 100 South Street P.O. Box 186 Harrisburg, PA 17108-0186 Telephone (800) 692-7375 IF YOU CANNOT AFFORD A LAWYER, YOU MAY BE ELIGIBLE FOR LEGAL AID THROUGH: North Penn Legal Services Penn Tower Building 25 W. Third Street, Suite 400 Williamsport, PA 17701 Telephone (570) 323-8741

CRITICAL

Applies to

Ordinary transcript request

An ordinary transcript request must be filed with the appropriate filing office using the required transcript request form.

A. Requests for ordinary transcripts shall be filed with the Prothonotary/Clerk of Courts or Register and Recorder, as appropriate, by using the transcript request form required by Pa.R.J.A. No. 4007(A).

CRITICAL

Applies to

Settlement agreement or court order

A custody case may be removed from the conference or pre-trial schedule or custody trial list only after a settlement agreement or court order is filed.

L1915.7. Settlement. A custody case will be removed from the conference or pre-trial schedule and/or the custody trial list only upon the filing of the settlement agreement or court order.

CRITICAL

Applies to

Motion cover sheet

Must include

proposed order

Attach a proposed order granting the requested relief to the cover sheet.

A proposed order granting the relief requested shall be attached to the cover sheet.

CRITICAL

Applies to

Motion cover sheet

Expedited consideration must be requested if the pretrial conference date has been set or the case has already been pre-tried.

Such consideration must be requested if the date of the pretrial conference has been set or if the case has already been pre-tried.

CRITICAL

Applies to

Pretrial statement

Each party must file the original and one copy of its pretrial statement.

each party shall file the original and one copy of the pretrial statement

CRITICAL

Applies to

Emergency guardianship petition

The petitioner must file a motion cover sheet complying with Lyc. Co. O.C.R. L1.8(c) together with the emergency and plenary petitions.

Additionally, with the filing of the emergency and plenary petitions, petitioner shall file a motion cover sheet in accordance with Lyc. Co. O.C.R. L1.8(c).

CRITICAL

Applies to

Pleading

Every pleading for a party represented by a firm, partnership, or association must identify the supervising attorney who is expected to try the case.

Every pleading of a party represented by a firm or partnership or association of attorneys shall be endorsed so as to indicate clearly to the prothonotary the particular attorney who is supervising the conduct of the case and who is expected to try the same.

CRITICAL

Applies to

Bifurcation request

A request for bifurcation must be made by motion under Rule L205.2(b)B and will be scheduled for a hearing before a judge.

L1920.16 Bifurcation. A request for bifurcation shall be made by motion in accordance with the procedure set forth in rule L205.2(b)B., and will be scheduled before a judge for a hearing.

CRITICAL

Applies to

Discovery motion

A motion to compel discovery or for a protective order must include a separate, front-attached certification describing efforts to obtain concurrence and the result, including if prefiling contact could not be made.

All discovery motions to compel discovery or for a protective order shall include a certification by moving counsel that concurrence in the motion was sought from opposing counsel and pro se parties. The certification shall be contained on a separate page and attached following the cover sheet to the front of the motion. The certification shall state the following information: 1. the manner in which concurrence was sought; and, 2. whether or not concurrence was given, and if given in part and denied in part, the extent to which concurrence was given. If contact with opposing counsel or pro se parties can not be made prior to the filing of the motion, the moving party shall so state in the certification.

CRITICAL

Applies to

Motion

A landlord’s application for payment of deposited sums must be filed as a motion and comply with the referenced cover-sheet requirement.

A landlord’s application under Pa. R.C.P.D.J. No. 1008B for the payment of sums deposited with the prothonotary shall be in the form of a motion and shall comply with the cover sheet requirement of rule L205.2(b)B.

CRITICAL

Applies to

Petition

The petitioner must obtain a completed notice and citation from the clerk and ensure proper service of the petition, notice, and citation.

Petitioner shall be responsible for obtaining a completed notice and citation from the clerk, and petitioner shall be responsible for proper service of the petition, notice and citation.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list each expert's name and specialty and include all expert reports.

Expert witnesses – list name and specialty and attach all expert reports.

CRITICAL

Applies to

Cost bill exceptions

Exceptions to a bill of costs must be written and specific.

All exceptions to any bill of costs shall be in writing and be specific

CRITICAL

Applies to

Cover sheet

Designate in item 6 all parties or others who must receive notice.

cc: ALL PARTIES OR OTHERS TO BE SERVED WITH NOTICE MUST BE DESIGNATED IN “6” ABOVE.

CRITICAL

Applies to

Motion cover sheet

The motion cover sheet's order must include a rule to show cause why the alleged incapacitated person should not be adjudicated incapacitated.

The motion cover sheet shall include within the order a rule to show cause as to why the alleged incapacitated person shall not be adjudicated incapacitated.

CRITICAL

Applies to

Cover sheet

The filing party or counsel must identify on the cover sheet all parties and others to be notified, or their counsel.

The filing party or counsel shall be responsible for identifying all parties and others to be given notice or their counsel on the cover sheet.

CRITICAL

Applies to

Public defender application

Applications for assignment of a public defender must be submitted to the public defender’s office.

Applications for assignment of a public defender shall be submitted to the public defender’s office.

CRITICAL

Applies to

Request for court order

A substantially conforming cover sheet must be attached to the front of covered requests for court orders; the procedure excludes motions for a continuance and also applies in orphans’ court.

B. Motion Cover Sheet. The procedure set forth in this section shall apply to every request for relief and/or application to the court for an order, whether by petition, motion, preliminary objection, exception, or stipulation, that the filing party desires to bring before the court or family court hearing officer, except a motion for a continuance (see rule L216 regarding continuance). NOTE: The use of this cover sheet is also required in orphans’ court; see, Lyc. Co. O.C.R. L3.4. 1. A cover sheet substantially in the form set forth in subsection 7 of this section shall be attached to the front of every request for a court order to which this rule applies.

CRITICAL

Applies to

Minor settlement petition

A minor’s personal-injury settlement generally requires the minor’s court appearance and medical evidence, but the judge may approve it without the minor’s, guardian’s, or doctor’s appearance if the petition contains the specified supporting information and the judge finds it sufficient.

No settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence as to the extent of the minor's injuries, and such further information as the court will deem necessary; provided, however, that if the petition of the guardian for the compromise of a minor's action is accompanied by: (1) written medical evidence as to the minor’s medical condition and his or her prognosis, (2) a statement under oath by the guardian certifying, (a) the present physical or mental condition of the minor, and (b) approval of the proposed settlement and distribution thereof; (3) a statement by counsel of his professional opinion of the probabilities of proof of defendant's negligence by plaintiff and the minor's negligence, if any, by defendant; and, (4) in the event that the minor is sixteen (16) years of age or over, his or her written approval of the proposed settlement and distribution thereof; the judge to whom said petition has been presented may approve the petition without requiring the appearance of the minor, his guardian or his doctor, in the event that he concludes that the information contained in the petition is sufficient to satisfy him that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred.

CRITICAL

Applies to

Motion for appointment of hearing officer

A motion to appoint a hearing officer must state the Divorce Code section under which the divorce is sought and the filing date of the affidavit of consent or affidavit of separation.

2. The motion for appointment of hearing officer shall indicate under which section of the Divorce Code the divorce is being sought, as well as indicate the date the affidavit of consent or affidavit of separation were filed.

CRITICAL

Applies to

Arbitration award

The award must be entered on the court-file award form, signed by all arbitrators, and delivered to the prothonotary.

Such award shall be noted on the award form contained in the court file, signed by all arbitrators and delivered to the prothonotary.

CRITICAL

Applies to

Proposed findings of fact

Proposed findings must include separately numbered statements of at least the facts the petitioner intends to establish that are necessary for the requested relief.

Such findings shall include, inter alia, in separately numbered statements, at least the facts petitioner intends to establish which are required in order for the court to grant the relief requested

CRITICAL

Applies to

Praecipe

A praecipe to withdraw, discontinue, or mark as settled must be accompanied by one copy, which the prothonotary forwards to the court scheduling technician.

When a praecipe to withdraw, discontinue, or mark as settled is filed, it shall be accompanied by one copy. The prothonotary shall forward the copy to the court scheduling technician.

CRITICAL

Applies to

Praecipe

For a custody action included in a divorce complaint, the praecipe for an initial conference must include the filing party’s updated criminal record/abuse history verification, a blank verification form for the opposing party, and the required order or notice.

If the custody action is included in a count in a divorce complaint, an initial conference before a hearing officer will be scheduled upon the filing of a praecipe. The praecipe must include an updated criminal record/abuse history verification completed by the filing party and a blank verification form for the opposing party, along with the order/notice required by Pa. R.C.P 1915.15(c)..

CRITICAL

Applies to

Motion for leave to take discovery

In the specified support, custody, and protection cases, a discovery request must be made by motion for leave stating the type of discovery sought and the reasons for it.

Any request for discovery in a simple support, custody, protection from abuse or protection from victim of sexual violence or intimidation case shall be made to the court by filing a motion for leave to take discovery setting forth the type of discovery sought and reasons therefor.

CRITICAL

Applies to

Video audio conferencing request

A conferencing request must be submitted to the Court Administrator on its form, state the reasons and required technical data, and report whether the other parties consent.

The request for video or audio conferencing shall be made by submitting to the Court Administrator the details of the request, on a form that is available from the Court Administrator. The request shall detail the reasons for the request and provide required technical data necessary to make the video or audio connection. Prior to making the request for conferencing, the requesting party shall determine whether or not all other parties consent to allow the video or audio appearance of the witness, and the consent on non-consent of parties shall be reported in the request form.

CRITICAL

Applies to

Written objection to dismissal

A written objection to dismissal must state why no qualifying docket activity appeared during the prior two years.

The publication shall be advertised one time and shall state the docket number, case caption, and name and office address of the Magisterial District Court and shall indicate that the cases listed shall be dismissed on the 31st day following publication unless a party to the case files with the Magisterial District Court a written objection to dismissal of the case setting forth reasons why no activity has appeared of record for the past two (2) years other than a filing of a not found return on a warrant of arrest.

CRITICAL

Applies to

Brief

When briefs are ordered, the filer must file the original and one copy with the prothonotary, who forwards the copy to the judge.

If briefs are ordered, the original and one copy shall be filed with the prothonotary, who shall forward the copy to the judge.

CRITICAL

Applies to

Recommended interim order

A recommended interim order must be submitted to the court for approval and, once approved, has the effect of a pre-trial order.

F. Any recommended interim order of the hearing officer shall be submitted to the court for approval and upon court approval shall have the effect of a pre-trial order.

CRITICAL

Applies to

Status report on legal representation

The legal-representation status report must substantially follow the stated form, including petition filing, service and hearing status, counsel, assets, and—if the person is unrepresented—the requested appointment and compensation arrangement for counsel.

B. The status report on legal representation referred to in Lyc. Co. O.C.R. L14.2G shall be substantially in the following form: IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : LYCOMING COUNTY, PENNSYLVANIA __________________________ : An alleged incapacitated person : ORPHANS= COURT DIVISION : : NO. ________________ STATUS OF ALLEGED INCAPACITATED PERSON=S LEGAL REPRESENTATION 1. The Petition to Adjudicate Incapacity and for the Appointment of a Plenary Guardian of the Person and the Estate in the above-referenced matter was filed with this Honorable Court on _____________________ [date] (or is being filed herewith). 2. Service of the Petition to Adjudicate Incapacity and for the Appointment of a Plenary Guardian of the Person and the Estate was served on the alleged incapacitated person on _____________________ [date] (or has not been served to date). 3. The Hearing on the Petition to Adjudicate Incapacity and for the Appointment of a Plenary Guardian of the Person and the Estate has been scheduled for _____________________ [date] (or has not been scheduled yet). 4. Counsel for the alleged incapacitated person (is) (is believed to be): [name, address, and telephone number] or Petitioner does not believe that the alleged incapacitated person is represented by counsel. 5. According to Petitioner=s knowledge and belief, the assets of the alleged incapacitated person consist of approximately $_____________________. 6. [If the alleged incapacitated person is unrepresented] Petitioner requests that counsel for the alleged incapacitated person be appointed by this Honorable Court and pursuant to 20 Pa.C.S. ' 5511(c), be compensated by Lycoming County

CRITICAL

Applies to

Transcript request

A transcript must be requested when the exceptions raise an issue not addressed in the order.

If the exceptions raise an issue not addressed in the order, a transcript must be requested.

CRITICAL

Applies to

Auditor report filing notice

Notice of an auditor’s report must state that, absent objections, the report will be confirmed 20 days after filing.

In the case of an auditor’s report, the notice shall state that in the absence of objections, the report will be confirmed 20 days after the date the report was filed.

CRITICAL

Applies to

Uncontested motion

An uncontested motion must state its basis on the page immediately after the cover sheet by written stipulation, counsel certification, or an unrepresented party's verified statement.

If a motion is presented as uncontested the basis therefore shall be set forth on a page immediately following the cover sheet in the form of a written stipulation of all interested parties or a certification of filing counsel or verified statement by unrepresented parties as to the basis upon which it is appropriate to enter the uncontested order.

CRITICAL

Applies to

Pretrial statement

Must include

caption, judge name, case number

The pretrial statement must substantially follow the prescribed Civil Pretrial Statement form.

The pretrial statement shall be in substantially the following form:

CRITICAL

Applies to

Scheduling order revision motion

A motion to revise a scheduling order must state the reason, proposed new trial term, and whether other parties concur, and must include the specified cover sheet; an uncontested motion must be identified as such on that sheet.

A request for a revision of the scheduling order may be made by filing a motion that sets forth the reason for the request and the proposed new trial term, along with a rule L205.2(b)B. motion cover sheet. The motion shall indicate whether or not all other parties concur with the request. If the motion is uncontested, the parties shall so indicate on the motion cover sheet. If the motion is contested, the court may schedule a conference which may, upon prior arrangement, be conducted by telephone.

CRITICAL

Applies to

Notice of pendency

A notice of pendency must identify the action and parties, state the recipient must join within twenty days after receiving notice, and warn that otherwise the recipient’s cause of action will be barred and the action will proceed without them.

Notice required by Pa.R.C.P. No. 2232 Shall contain a statement of the pendency of the action, the prothonotary's number of the action, the parties in the action and nature thereof and that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice or his cause of action will be barred and the action will proceed without him.

CRITICAL

Applies to

Withdrawal of appearance

An attorney may withdraw when a new attorney enters an appearance contemporaneously; otherwise, withdrawal requires leave of court after notice to the party.

An attorney may withdraw an appearance as attorney for a party if the withdrawal occurs contemporaneously to the written entry of appearance of a new attorney. Otherwise, the withdrawal of appearance shall occur only upon leave of court after notice is given to the party.

CRITICAL

Applies to

Petition to adjudicate incapacity

The incapacity petition form calls for the listed information, including estate value and income to the extent known if an estate guardian is sought.

The petition of (name of petitioner) respectfully states: 1. Name and current address of petitioner: 2. Petitioner's relationship to and interest in the alleged incapacitated person's welfare: 3. Name, age, residence and post office address of the alleged incapacitated person: 4. Name and address of person or institution providing residential services to the alleged incapacitated person: 5. Names and addresses of spouse, parents and all persons who are sui juris individuals and who would be entitled to share in the estate of the alleged incapacitated person if that person died intestate: 6. Names and addresses of medical, social, residential, and other service providers: 7. State whether alleged incapacitated person has or has not been a member of the United States armed services and whether he or she is or is not receiving any benefits from the United States Veterans Administration: 8. State whether any court has ever assumed jurisdiction in any proceeding to determine the competency or capacity of the alleged incapacitated person, and whether any guardian of the person and/or estate has ever been appointed: 9. The name and address of alleged incapacitated person’s attorney, if known, or the attorney known to represent the alleged incapacitated person on other legal matters: 10. The reason why guardianship is sought: 11. A description of the functional limitations and physical and mental conditions of the alleged incapacitated person: 12. Allegations of fact regarding the services being utilized to meet essential requirements for the alleged incapacitated person's physical health and safety, to manage the person's financial resources or to develop or regain the person's abilities: 13. Allegations of fact regarding the type of assistance required by the alleged incapacitated person and as to why no less restrictive alternatives would be appropriate: 14. Allegations of fact regarding the probability that the extent of the alleged incapacitated person's incapacities may significantly lessen or change. 15. For each type of guardian being requested, the name and address of the person or entity whom petitioner asks to be appointed as guardian: 16. An averment that the proposed guardian has no interest adverse to the alleged incapacitated person: 17. Qualifications of proposed guardian: 18. The specific areas of incapacity over which it is requested that the guardian be assigned powers: 19. If guardian of the estate is being sought, the petition shall also include the gross value of the estate and net income from all sources to the extent known:

CRITICAL

Applies to

Criminal complaint and arrest warrant affidavit

For felony charges and offenses requiring registration, criminal complaints and arrest warrant affidavits must be approved by an attorney for the Commonwealth before filing to be accepted.

The District Attorney of Lycoming County, having filed a certification pursuant to Pa. R. Crim. P. 507, criminal complaints and arrest warrant affidavits for all felony charges and any offenses requiring registration pursuant to 42 Pa.C.S §9799.14 shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of an attorney for the Commonwealth prior to filing.

CRITICAL

Applies to

Notice of entry of judgment

The advertisement notice must warn that final judgment may be entered within 30 days of the court's order.

The notice shall contain a warning that final judgment may be entered within thirty (30) days of the court's order.

CRITICAL

Applies to

Case monitoring notice

The case monitoring notice must substantially follow the form provided in the rule.

The form of the case monitoring notice shall be substantially as follows:

CRITICAL

Applies to

Request for court order

Attach a cover sheet substantially in the prescribed form to the front of every covered request for a court order.

A cover sheet substantially in the form set forth in subsection G of this section shall be attached to the front of every request for a court order to which this rule applies.

CRITICAL

Applies to

Exceptions

Exceptions filed with the prothonotary must include one copy and an attached copy of the challenged order.

The exceptions and one copy shall be filed with the prothonotary, and shall have attached to them a copy of the order to which the exceptions have been taken.

CRITICAL

Applies to

Exceptions

Exceptions filed with the domestic relations office must include a copy of the challenged order.

When exceptions are filed with the domestic relations office, they shall have attached to them a copy of the order to which the exceptions have been taken.

CRITICAL

Applies to

Motion cover sheet

When expedited consideration is requested or required by statute or procedural rule, state the reason on the cover sheet.

If expedited consideration by the court is requested or required by statute or rule of procedure, the reason for such consideration shall be set forth on the cover sheet.

CRITICAL

Applies to

Petition or request for relief requiring rule to show cause

A qualifying petition or request for relief must include the prescribed cover sheet, which contains the rule to show cause order; a separate order must not be submitted.

A cover sheet that complies with rule L205.2(b)B shall be attached to any petition or request for relief requiring the issuance of a rule to show cause. The cover sheet includes thereon a rule to show cause order and no separate rule to show cause order is to be submitted.

CRITICAL

Applies to

Request for relief

If a Pennsylvania Rule of Civil Procedure requires an order or notice on the front of a request for relief, include it directly after the cover sheet.

Any request for relief on the front of which an applicable Pennsylvania Rule of Civil Procedure requires a specific order or notice to be attached shall include that order or notice directly following the cover sheet.

CRITICAL

Applies to

Written withdrawal of appearance

A written withdrawal of appearance must be filed with the prothonotary in every attorney-withdrawal case.

In all cases where an attorney is withdrawing his or her appearance, including when a contemporaneous entry of appearance is filed by a new attorney or after leave is granted by the court to withdraw as counsel, a written withdrawal of appearance shall be filed with the prothonotary.

CRITICAL

Applies to

Bail bond

The bail bond must be transmitted immediately to the clerk of courts with a written statement detailing the defendant’s non-appearance and an order declaring bail forfeited.

In all cases where there has been a non-appearance before a magistrate and a bail bond has been executed, the bail bond shall be immediately transmitted to the clerk of courts along with a written statement of the details concerning the defendant's non-appearance and an order declaring the forfeiture of bail.

CRITICAL

Applies to

Electronically filed document

Each electronically filed document must bear the filing attorney's or unrepresented party's facsimile or typographical signature and include that filer's typed name, address, and telephone number.

Each electronically filed document shall be deemed to have been signed by the attorney, or party not represented by an attorney, authorizing such filing and shall bear a facsimile or typographical signature of such person, e.g. "I s l Adam Attorney". Each document electronically filed shall also include the typed name, address, and telephone number of the attorney or unrepresented party filing such document.

CRITICAL

Applies to

Motion cover sheet

The motion cover sheet must state whether a transcript of the Family Court hearing is required.

The cover sheet shall indicate whether or not a transcript of the Family Court hearing is required..

CRITICAL

Applies to

Exceptions

Exceptions require a Rule L205.2(b)B motion cover sheet stating whether a transcript is required; a requested transcript must follow Rule L4007(A).

A rule L205.2(b)B motion cover sheet is required. The cover sheet shall indicate whether a transcript is required. If a transcript is requested, the procedure of rule L4007(A) shall be followed.

CRITICAL

Applies to

Preliminary objections

Preliminary objections must be filed under local rule L205.2(b)B and processed under local rules L208.3(a) and L208.3(b).

Preliminary objections shall be filed in accordance with local rule L205.2(b)B and processed in accordance with local rule L208.3(a) and L208.3(b).

CRITICAL

Applies to

Motion for appointment of hearing officer

Must include

proposed order

A motion to appoint a hearing officer must include a proposed order identifying the Divorce Code section under which grounds were established and the ancillary claims assigned to the hearing officer.

1. The motion for appointment of hearing officer shall be accompanied by a proposed order that identifies the section of the Divorce Code under which grounds have been established and the ancillary claims the hearing officer is being appointed to hear.

CRITICAL

Applies to

Affidavit

When service timing is justified as reasonable, the petitioner must offer affidavit evidence and be prepared to present testimony supporting that reasonableness.

Petitioner must offer evidence via affidavit and be prepared to present testimony to prove the reasonableness of the service.

CRITICAL

Applies to

Request for relief

A request for relief under Pa.R.C.P. 1910.14 must be filed in the domestic relations office.

Any request for relief under Pa.R.C.P. No. 1910.14 shall be filed in the domestic relations office.

CRITICAL

Applies to

Judgment satisfaction request

A request to mark a judgment satisfied requires an affidavit and, if required, additional proof of authority and signature authenticity; the affidavit may be waived only for a known county-bar member who appears in person for that purpose.

Whenever the prothonotary is requested to mark any judgment satisfied, whether by praecipe or otherwise, the person making or filing the request shall first satisfy the prothonotary by affidavit, and, if required by the prothonotary, by additional proof that he is the owner of the judgment or is otherwise duly authorized by such owner to cause the judgment to be marked satisfied or is a member of the bar and that the signature on the praecipe or satisfaction to be noted on the docket is genuine and authentic. Filing the affidavit required by this rule may be waived by the prothonotary only when a member of the bar of this county, known to the prothonotary or to a deputy prothonotary in attendance, appears in person in the office of the prothonotary for the purpose of satisfying a judgment.

CRITICAL

Applies to

Petition

The petition must include the notice and citation prescribed by the Pennsylvania Orphans’ Court Rules.

The petition shall include a notice and citation as prescribed by the Pennsylvania Orphans= Court Rules.

CRITICAL

Applies to

Transcript cost waiver request

A litigant seeking to waive all or part of transcript costs must file a petition with the appropriate filing office; the next steps depend on whether the waiver is granted in full, in part, or denied.

(1) If a litigant seeks to waive all or a portion of the costs of a transcript, that request shall be in the form of a petition which shall be filed in the appropriate filing office. If the court waives all of the transcript costs, the litigant shall proceed in accordance with L4007(B)(2). If the court waives only a portion of the transcript costs or denies the petition, the litigant shall proceed in accordance with L4007(B)(1).

CRITICAL

Applies to

Case monitoring notice

The case-monitoring-notice requirement applies to the stated civil actions and appeals, but not to matters filed under the Domestic Relations Code.

A. Case monitoring notice. This requirement applies to civil actions, statutory appeals and appeals from judgments of magisterial district judges, and any other civil matter requiring court action, except a matter filed under the Domestic Relations Code.

CRITICAL

Applies to

Exceptions

Exceptions filed with the domestic relations office require a Rule L205.2(b)B motion cover sheet.

A rule L205.2(b)B motion cover sheet is required.

CRITICAL

Applies to

Emergency motion

An emergency request must first be filed with the prothonotary and then delivered by the filing party to the court administrator for delivery to an appropriate judge.

Emergency requests for a court order shall be filed with the prothonotary and then delivered by the filing party to the court administrator, who shall deliver the motion to an appropriate judge.

CRITICAL

Applies to

Emergency request

An emergency request must include, on a separate page after the cover sheet, a certification by counsel or a pro se party stating that interested parties were contacted and given advance notice, with the time and manner of notice; the text's alternative clause is incomplete in this excerpt.

All emergency requests shall set forth on a separate page following the cover sheet a certification by filing counsel or pro se party that all interested parties were contacted in advance and given notice of the intention to present the emergency request and the details as to time and manner of such notice; or, if such notice

CRITICAL

Applies to

Emergency motion

Every emergency motion must include the motion cover sheet required by the rules.

All emergency motions must have a motion cover sheet as required by these rules.

CRITICAL

Applies to

Petition for civil contempt

A custody contempt petition must include as an exhibit a certification describing efforts to resolve the alleged contempt and identifying the applicable circumstances; failure to attempt resolution may be grounds for dismissal.

L1915.12. Required Certification for Petition for Civil Contempt Relating to a Custody Order. A. Any petition requesting a finding of contempt of a custody order must also contain, as an exhibit, a certification by counsel or by the pro se litigant, of the effort to resolve the alleged contempt without resort to the court. At a minimum, the certification shall specify which of the following applies: 1. The opposing party is represented by counsel. Counsel was apprised of the alleged contemptuous conduct and that a contempt petition would be filed unless remedial steps were offered, but the opposing party, through counsel, has declined to offer sufficient remedial steps. Such remedial steps may include assurance of compliance with the order and replacement time for custody or visitation time claimed to have been lost to the petitioning party by the alleged contemptuous conduct. 2. The opposing party is not represented by counsel. The opposing party was apprised in writing of the alleged contemptuous conduct and warned that a contempt petition would be filed unless remedial steps were offered, but the opposing party has declined to offer sufficient remedial steps. Such remedial steps may include assurance of compliance with the order and replacement time for custody or visitation time claimed to have been lost to the petitioning party by the alleged contemptuous conduct. 3. Remedial steps were offered by the opposing party, but were then not taken within a reasonable period of time. 4. Due to special circumstances (described in detail in the certification) an attempt to resolve the matter without filing a petition for contempt is likely to cause significant prejudice (also described) to the petitioning party. B. Failure to attempt resolution of the alleged contempt in accordance with the requirements of this rule could be cause for dismissal to the petition for contempt.

CRITICAL

Applies to

Arbitration award

Should the arbitrators appear for the hearing due to lack of notice that the matter had been previously settled, withdrawn or otherwise terminated, the disposition and the fact of their appearance shall be noted by the arbitrators on the award form and delivered to the prothonotary.

Should the arbitrators appear for the hearing due to lack of notice that the matter had been previously settled, withdrawn or otherwise terminated, the disposition and the fact of their appearance shall be noted by the arbitrators on the award form and delivered to the prothonotary.

CRITICAL

Applies to

Paternity complaint

A party bringing an independent paternity action must file a complaint in the domestic relations office.

A party shall commence an action for paternity, independent of a claim for support, by filing a complaint in the domestic relations office.

CRITICAL

Applies to

Service by publication notice

A service-by-publication notice must follow the form required by the rules and describe the land involved.

The notice shall be in the form required by the rules and shall include a description of the land involved.

CRITICAL

Applies to

Proposed order

The proposed order must substantially follow the form provided in the rule.

The proposed order referred to in Lyc. Co. O.C.R. L14.2G shall be substantially in the following form:

CRITICAL

Applies to

Original pre trial memorandum

Trial by a jury consisting of twelve members may be had if a written demand therefor is filed with the court as part of the original pre-trial memorandum. Such demand may appear on the pre-trial memorandum form under the heading "miscellaneous."

Trial by a jury consisting of twelve members may be had if a written demand therefor is filed with the court as part of the original pre-trial memorandum. Such demand may appear on the pre-trial memorandum form under the heading "miscellaneous."

CRITICAL

Applies to

Cover sheet

The cover sheet form calls for names and addresses of counsel, unrepresented parties, and interested parties, including an appointed CASA representative, and an indication of whether anyone is incarcerated.

Names and addresses of all counsel, unrepresented parties and interested parties (including CASA representative, if appointed) and indicate if anyone is incarcerated:

CRITICAL

Applies to

Bill of costs

A bill of costs must have an affidavit attesting to its correctness and to the attendance and materiality of its witnesses annexed.

The affidavit of the party or other person to the correctness of the bill and the attendance and materiality of the witnesses shall be annexed and shall be prima facie evidence to the taxing officer.

CRITICAL

Applies to

Judgment satisfaction

An attorney may not satisfy a judgment or order its satisfaction without first entering an appearance for the plaintiff or, on a counterclaim, the defendant.

No judgment shall be satisfied by or on the order of any attorney at law unless such attorney shall have first entered his appearance for the plaintiff (defendant on a counterclaim).

CRITICAL

Applies to

Case monitoring notice

For a case subject to compulsory arbitration, the case monitoring notice must be marked accordingly and state the time required for discovery.

B. If a case is subject to compulsory arbitration, the case monitoring notice required by rule L205.2(b)A shall be marked accordingly (with the time required for discovery indicated) and filed in accordance with rules L205 and L1007.

CRITICAL

Applies to

Cost bill exceptions

Exceptions to a bill of costs must be accompanied by a praecipe for a rule to show cause why costs should not be re-taxed.

Such exceptions shall be accompanied by a praecipe for a rule to show cause why the costs should not be re-taxed;

CRITICAL

Applies to

Verified statement

If the petitioner determines that a plenary petition is unnecessary, the petitioner must file a verified statement explaining why.

In the event petitioner determines that the plenary petition is not necessary, petitioner shall file a verified statement explaining the reason for the lack of necessity of the plenary guardianship.

CRITICAL

Applies to

Exceptions

Exceptions to a hearing officer’s report must be filed with the prothonotary in an original and one copy and include the report and recommendation being challenged.

The original and one copy of exceptions to a hearing officer’s report and recommendation shall be filed with the prothonotary and include the report and recommendation to which the exceptions have been taken.

CRITICAL

Applies to

Search warrant application

A search warrant application must be approved by an attorney for the Commonwealth before filing for a search warrant to issue.

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

CRITICAL

Applies to

Account and petition

The accountant must file a proposed decree with the account and petition, identifying each distributee and the amount or share awarded.

At the time of filing the account and petition for adjudication/statement of proposed distribution, the accountant shall also file a proposed decree of distribution to be issued by the court expressly confirming the account or approving the petition for adjudication/statement of proposed distribution and specifying, or indicating by reference to the petition for adjudication/statement of proposed distribution, the names of those to whom the balance available for distribution is awarded and the amount or share awarded to each.

CRITICAL

Applies to

Custody pleading

Pleadings relating only to custody of minor children must include a Rule L205.2(b)B motion cover sheet.

All pleadings relating only to custody of minor children shall include a motion cover sheet pursuant to rule L205.2(b)B.

CRITICAL

Applies to

Transcript request form

A requested transcript requires completing the L4007(A) transcript request form and submitting it to the senior court reporter.

If a transcript is requested, a request for transcript form must be completed pursuant to L4007(A) and submitted to the senior court reporter.

CRITICAL

Applies to

Transcript request

If all costs have been waived by court order or a qualifying certification letter is provided, the litigant may file the request form directly with the appropriate office and must attach that order or letter.

(2) If a court order waiving all of the costs has been entered or a certification letter has been provided under Lyc. Co. R.G.C.B. L4008(B), the litigant need not submit the transcript request form to the senior court reporter. Instead, the litigant shall simply file the transcript request form with the appropriate filing office and attach the court order waiving the costs or the certification letter.

CRITICAL

Applies to

Emergency guardianship petition

Whenever an emergency guardianship petition is filed, the petitioner must file a plenary petition at the same time.

In all cases where an emergency guardianship petition is filed, a plenary petition shall be filed at the same time.

CRITICAL

Applies to

Electronically filed document

The title of each electronically filed document must match the title of its docket entry.

The title of each electronically filed document shall match the title of the docket entry.

CRITICAL

Applies to

Complaint

A plaintiff’s complaint and a defendant’s complaint against an additional defendant must use the form required by the Pennsylvania Rules of Civil Procedure.

Every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall be in the form required by the Pennsylvania Rules of Civil Procedure.

CRITICAL

Applies to

Bail bond

A designation of the Lycoming County Bail Release Program as supervisory agency must be listed on the bail bond as a condition of bail.

Any designation of the Lycoming County Bail Release Program as supervisory agency shall be listed on the bail bond as a condition of bail pursuant to Pa.R.Crim.P. 526.

WARNING

Applies to

Executed motion cover sheet

The scheduled time must be noted on the executed motion cover sheet, which the prothonotary must serve on the parties.

The scheduled time shall be noted on the executed motion cover sheet and served upon the parties by the prothonotary in accordance with these local rules.

WARNING

Applies to

Petition

The petitioner is advised to attach a physician's or clinical psychologist's affidavit describing the respondent's condition, functional limitations, and potential harm from attending the incapacity proceeding.

It is recommended that an affidavit of a physician or clinical psychologist be attached which contains a description of the physical and mental condition, any functional limitations and whether or not the respondent would be harmed by attendance at the proceeding to determine incapacity.

WARNING

Applies to

Proposed order for appointment of hearing officer

The proposed order for appointment of a hearing officer must substantially follow the form provided in the rule.

3. The form of the proposed order shall be substantially as follows:

WARNING

Applies to

Pretrial memorandum

At a re-pretrial conference after a continuance, update the previously submitted pretrial memorandum if appropriate; otherwise, it need not be resubmitted.

At any such re-pretrial conference, the pretrial memorandum previously submitted shall be updated if appropriate, but otherwise need not be resubmitted.

WARNING

Applies to

Rule to show cause cover sheet

When issuing a rule to show cause, the court must state on the cover sheet whether argument or an evidentiary hearing, discovery, an answer, or briefs will be required.

When issuing the rule to show cause included on the cover sheet, the court shall indicate on the cover sheet whether the petition or other request for relief will be scheduled for an argument or evidentiary hearing, whether discovery on the issues will be allowed, whether an answer will be required or if briefs are required.

WARNING

Applies to

Deed or mortgage

A short property description in a deed or mortgage is considered adequate only if the instrument incorporates the full description by reference to a recorded instrument.

9. To consider as adequate the description of the premises or property in a mortgage or deed by a short description such as street address or number of acres in a municipality or subdivision thereof, frontage along a road in a suburban area, or lot number in a development, provided the instrument contains a statement incorporating the full description into the deed or mortgage by reference to some recorded instrument which contains the full description.

WARNING

Applies to

Motion cover sheet

The filing party or counsel must identify on the cover sheet everyone to receive notice or their counsel; an omission resulting in nonservice may lead to rescheduling or denial of relief.

The filing party or counsel shall be responsible for identifying all parties and others to be given notice or their counsel on the cover sheet. If a party was not served with a copy of the executed cover sheet as a result of an omission of the filing party, the argument or hearing may be rescheduled or, in the discretion of the court, the request for relief may be denied.

WARNING

Applies to

Motion cover sheet

The court may defer action until a required cover sheet is filed, and any party or the court may file the cover sheet with a copy of the original motion if the filing party omitted it.

If a cover sheet is not attached as required by this rule, the court may choose not to act upon the request for relief until an appropriate cover sheet is filed. If the filing party does not attach a cover sheet as required by this rule, a cover sheet, along with a copy of the original motion may be filed by any party, or the court.

WARNING

Applies to

Papers or records filed with court

The name of the attorney or law firm should appear on all papers or records filed with the court, but not on proposed orders.

The name of the attorney or law firm should appear on all papers or records filed with the court, but not on proposed orders.

INFO

Applies to

Deed mortgage or other instrument

Attorneys are advised to use county assessment-bureau wards, rather than voting wards, when identifying wards on deeds, mortgages, and other instruments.

14. In identification of the wards on deeds, mortgages and other instruments, it is suggested that the attorneys use the assessment wards as set forth by the county assessment bureau and not the voting wards.

INFO

Applies to

Deed

Attorneys are advised to identify the conveyed property’s tax parcel number on deeds using the suggested wording and selecting the appropriate bracketed word.

On deeds, it is further suggested that attorneys identify the tax parcel number of the property conveyed, using language such as the following, with the selection of the appropriate bracketed word: "For identification purposes only, being [all] [part] of tax parcel no. _______________ in the records of the Lycoming County Tax Assessment Bureau."

INFO

Applies to

Motion cover sheet

The court schedules any required argument, hearing, or briefing, records the scheduling information on the cover sheet, and issues the scheduling order shown there.

The court shall schedule argument, hearing or briefing as the court may require, note the scheduling information on the cover sheet, and issue the scheduling order appearing on the cover sheet.

INFO

Applies to

Case monitoring notice

If no case monitoring notice is filed as required, any party may file one.

In the event that no case monitoring notice is filed as required by this rule, any party may file a case monitoring notice.