Court of Common Pleas of Lycoming County, Pennsylvania Filing Timing and Cure Windows

CRITICAL

An accepted legal paper is deemed filed at the date and time the electronic filing system received it.

If a legal paper is accepted, it shall be deemed to have been filed as of the date and time it was received by the prothonotary's designated electronic filing management system.

CRITICAL

The proposed decree of distribution must be filed at the same time as the account and petition.

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

The Rule 2.10 report must be filed at the same time as the account and statement of proposed distribution.

A report filed pursuant to Pa.O.C. Rule 2.10 shall be in the form of an affidavit and shall be filed at the same time that the account and statement of proposed distribution are filed.

WARNING

Upon filing a case monitoring notice, the prothonotary must file-stamp and docket it and immediately forward it for judge assignment and further action.

When the case monitoring notice is filed, the prothonotary shall file stamp and docket the notice and immediately forward a copy to the court administrator who shall assign a judge to the case and forward the notice to that judge for further action, as follows:

WARNING

The prothonotary must notify the filer when a legal paper is accepted or rejected.

The prothonotary shall provide the filer with notification when the legal paper has been either accepted or rejected.

WARNING

The filing system is generally available except during routine maintenance, but staff review documents only during normal office hours, so filers are cautioned to submit required papers well before deadlines to allow correction and resubmission.

Note: Access to the prothonotary's designated electronic filing management system shall be always available, except during routine maintenance; however, legal documents can only be reviewed by prothonotary staff during normal office hours. Filers are cautioned to file required legal papers well in advance of any filing deadlines to enable timely correction and re-submission in the event a legal paper is not acceptable for filing.

INFO

The system must email the filer an acknowledgment of receipt and display an official notification including the time and date; the excerpt ends mid-sentence.

The prothonotary's designated electronic filing management system shall provide to the filer, using the email address registered by the filer, an email acknowledging that the filing was received. An official notification will also be displayed in the prothonotary's designated electronic filing management system, which includes the time and date, as a

CRITICAL

File the case monitoring notice with the notice of appeal in an administrative agency appeal.

ii. With the filing of a notice of appeal in an administrative agency appeal,

CRITICAL

Exceptions to a bill of costs must be filed on or before the execution's return day.

All exceptions to any bill of costs shall be in writing and be specific and shall be filed on or before the return day of the execution.

CRITICAL

After an appeal is filed, either party may apply for specified relief, and the matter must be heard within 14 days of filing.

At any stage of the proceedings following the filing of any appeal, either party may make an application for relief to the court, where relief is sought from scheduled payments, for special or unusual expenses, or to resolve other matters related to the appeal. The matter shall be heard within fourteen (14) days of filing.

CRITICAL

The arbitrators must make the award within ten days after the hearing or its last adjournment.

After the case has been heard, the arbitrators shall make their award within ten days after the day of the hearing or the last adjournment thereof.

CRITICAL

A timely objection triggers a hearing, which must be held 30 to 60 days after filing, with at least 30 days’ written notice.

If said written objection is filed within thirty (30) days of the publication, a hearing shall be scheduled to determine if dismissal is appropriate. The hearing shall be held by the Magisterial District Judge not less than thirty (30) days nor more than sixty (60) days after such filing, and the Magisterial District Court shall give at least thirty (30) days written notice thereof along with a copy of said written objections served by first class mail.

CRITICAL

A guardian of the estate must file the prescribed periodic report within one year of appointment and annually thereafter, or more frequently if the court directs.

Within one year of the date of appointment and annually thereafter, or with such greater frequency as the court may direct, every guardian of the estate of an incapacitated person shall file a periodic report of the guardian of the estate in substantially the form prescribed by the Pennsylvania Orphans= Court Rules.

CRITICAL

A guardian of the person must file the prescribed periodic report within one year of appointment and annually thereafter, or more frequently if the court directs.

Within one year of the date of appointment and annually thereafter, or with such greater frequency as the court may direct, every guardian of the person of an incapacitated person shall file a periodic report of the guardian of the person in substantially the form prescribed by the Pennsylvania Orphans= Court Rules.

CRITICAL

File the case monitoring notice within ten days after an answer is filed in a mortgage foreclosure, credit card collection, or forfeiture action.

i. Within ten days after an answer has been filed in a mortgage foreclosure action, a credit card collection case or a forfeiture action,

CRITICAL

A written objection must be filed within 30 days of publication; otherwise, the Magisterial District Court must dismiss the case.

iii. If said written objection is not filed within thirty (30) days of the publication, the Magisterial District Court shall dismiss the case.

CRITICAL

If the court orders briefs, the filing deadline will be stated on the executed motion cover sheet, and the filer must file the original and one copy with the prothonotary.

Briefs may be ordered by the court and, if so ordered, the time for filing will be set forth on the executed motion cover sheet. If briefs are ordered, the original and one copy shall be filed with the prothonotary, who shall forward the copy to the judge.

CRITICAL

Each party must file its pretrial statement at least seven days before the pretrial conference.

Not less than seven days before the date set for the pretrial conference, each party shall file the original and one copy of the pretrial statement and serve a copy on all other parties.

CRITICAL

File the case monitoring notice with the complaint in a general civil case.

iii. With the filing of a complaint in a general civil case.

CRITICAL

When a case begins by writ of summons, file the case monitoring notice with the complaint, not with the writ.

When a case is commenced by a writ of summons, the case monitoring notice shall be filed only with the filing of the complaint and not with the filing of the writ of summons.

CRITICAL

The recipient must join the action within twenty days after receiving the notice or 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

Objections to a master’s or auditor’s report must be filed within 20 days of notice of filing.

If no objections are filed to the report of a master or auditor within 20 days of the date of notice to interested parties of its filing, the clerk shall submit the report to the court for confirmation or adoption of the report’s recommendations.

CRITICAL

Objections to an account or petition must be filed with the clerk within 20 days after service of the notice of account filing.

Objections to an account and/or a petition for adjudication/statement of proposed distribution shall be filed with the clerk within twenty (20) days of the date of service of the notice of account filing.

CRITICAL

The petitioner must file two copies of the legal-representation status report, using the prescribed form, at least 14 days before the hearing; each copy should have the appropriately captioned prescribed order attached.

At least 14 days prior to the date established for hearing on the petition, petitioner shall file in duplicate a status report on legal representation, in substantially the form prescribed by Lyc. Co. O.C.R. L14.5(f), each of which should have attached, under the proper caption, the appropriate order, in substantially the form prescribed by Lyc. Co. O.C.R. L14.5(g).

CRITICAL

Within 10 days after judgment is entered, the plaintiff must advertise the judgment in the Lycoming Reporter and a newspaper of general circulation in Lycoming County.

Upon entry of judgment pursuant to Pa. R.C.P. 1066(a), the plaintiff shall, within ten (10) days thereafter, advertise the entry of judgment in the Lycoming Reporter and in a newspaper of general circulation in Lycoming County.

CRITICAL

If the need for conferencing was not known when the matter began, or a responding party requires it, the request must be submitted to the court administrator’s office at least 21 days before the hearing.

In the event that the need for conferencing is not known at the time the matter is commenced or if conferencing is required by a responding party, a request for conferencing shall be submitted to the court administrator’s office no less than 21 days before the scheduled hearing.

CRITICAL

The petitioner must provide the court with proposed findings of fact no later than the hearing, in a form suitable for adoption.

Petitioner shall provide to the court, at or before hearing, proposed findings of fact in a form suitable for adoption by the court at hearing.

CRITICAL

A listed case is to be dismissed on the 31st day after publication unless a party files a written objection within 30 days, stating why the docket lacked qualifying activity.

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

Requests for video or audio appearance of a trial witness shall be made by submitting the request for conferencing form contemporaneously with the filing of the pretrial statement.

Requests for video or audio appearance of a trial witness shall be made by submitting the request for conferencing form contemporaneously with the filing of the pretrial statement.

WARNING

A mortgage foreclosure trial is scheduled at the next available time, but not sooner than 30 days after the notice date.

(1) Mortgage foreclosure – trial will be scheduled at the next available time, but no sooner than thirty (30) days from the date of the notice.

WARNING

If a required brief is late, the court may treat the request as submitted by the defaulting party and proceed ex parte, or impose another appropriate sanction.

Where briefs are required and are not timely filed, the court may treat the request for relief as having been submitted by the defaulting party and proceed ex parte, or impose such other sanction as it shall deem appropriate.

WARNING

A forfeiture pretrial conference is scheduled at the next available time, but not sooner than 30 days after the notice date.

(3) Forfeiture – a pre-trial conference will be scheduled at the next available time but no sooner than thirty (30) days from the date of the notice.

WARNING

Deadline

5 business days

Within five business days after receiving the form, the senior court reporter must complete the applicable court-use section and return it to the litigant with the estimated cost.

(a) Within five (5) business days from the date the form is received, the senior court reporter will complete the applicable portions of section V (“For Court use only”) of the transcript request form and return the form to the litigant thereby notifying the litigant of the estimated cost. Senior court reporter contact information is available at www.lyco.org/Courts/Court-Reporters.

WARNING

An administrative agency appeal conference is scheduled at the next available time, but not sooner than 30 days after the notice date.

(4) Administrative agency appeal – a conference with the court will be scheduled at the next available time but no sooner than thirty (30) days from the date of the notice.

WARNING

A moving party in a pretrial proceeding should submit the video or audio conferencing request with the motion or petition.

Whenever video or audio conferencing is sought by the moving party in a pre-trial proceeding, the request should accompany the motion or petition.