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

CRITICALCivil cases

Applies to

Preliminary objections

All preliminary objections must be raised together in one pleading and state their grounds specifically, though the grounds may be inconsistent.

(c) Form. All preliminary objections shall be raised at one time in one pleading, shall state specifically the grounds relied upon, and may be inconsistent.

CRITICALCivil cases

Applies to

Motion response exception preliminary objection petition

Motions, responses, exceptions, preliminary objections, and petitions must be supported by a brief or memorandum when filed, subject to the stated exception and the possibility of promptly requesting permission to file later for good cause.

All motions, responses, exceptions, preliminary objections, and petitions, upon filing, must be supported by a brief or memorandum of law in support thereof. If not so supported, then the motion, responses, exceptions, objections or petition shall be summarily disposed of, unless counsel promptly requests permission for good cause to file the required brief or memorandum of law at a later date. This rule shall not apply to exceptions taken to the recommendation of the Family Law Master or Permanent Hearing Officer.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must be supported by cited legal authority, either in a brief or memorandum filed contemporaneously or, for non-complex issues, in the objections themselves.

All preliminary objections shall be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief or memorandum of law filed contemporaneously with the preliminary objections; or, if the preliminary objections do not raise complex legal or factual issues, in the body of the preliminary objections itself.

CRITICALCivil cases

Applies to

Responsive pleading

A responsive pleading must address each factual averment, identify the relevant paragraph, and specify the admitted and denied portions of any partial denial.

A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder.

CRITICALCivil cases

Applies to

Notice or citation

Notice to a qualifying representative for an entity must include notice that the representative may decline to act.

including notice as required by 20 Pa.C.S. § 7725 that each such representative may decline to act as a representative for the entity.

CRITICALCivil cases

Applies to

Agreement of reference

An agreement of reference replaces pleadings and must be filed with the prothonotary, where it will be assigned a number and term.

When a case is submitted to the Board by agreement of reference, the agreement shall take the place of pleadings and shall be filed of record in the office of the prothonotary and shall be assigned a number and term.

CRITICALCivil cases

Applies to

Petition

At least one petitioner must verify the petition in accordance with Rule 3.13.

The petition shall be verified by at least one of the petitioners in accordance with Rule 3.13

CRITICALCivil cases

Applies to

Preliminary objections to objections

Preliminary objections to objections may raise only lack of subject-matter jurisdiction or lack of standing.

(b) Preliminary objections to objections shall be limited to lack of jurisdiction over the subject matter and lack of standing.

CRITICALCivil cases

Applies to

Discovery motion

In covered small-claims cases, discovery requires a court order; a party seeking discovery must file a motion under Rule L208.3(a) explaining why discovery is needed and what is sought, but need not include a statement of applicable authority.

(c) Discovery in cases covered by this rule, including a Request for Admission under Pa. R.C.P. No. 4014, is discouraged and shall be permitted only by order of court. A party wanting to conduct discovery shall file a motion pursuant to Rule L208.3(a). The requirement that a statement of applicable authority accompany the motion is waived. The motion shall, inter alia, contain the reason or reasons why discovery is needed and what information, documents etc. are being sought.

CRITICALCivil cases

Applies to

Family exemption petition

A family exemption petition nominating two appraisers must attach copies of their qualifications and credentials as exhibits.

(b) Exhibits. A copy of the qualifications and credentials of the two appraisers nominated in the petition for appointment by the court shall be attached to the petition as exhibits.

CRITICALCivil cases

Applies to

Jury trial memorandum and requested points for charge

Before a jury trial begins, counsel must present a concise memorandum of applicable law and requested points for charge, and each requested point must cite authority.

(a) Before the beginning of any jury trial counsel shall present to the court a concise memorandum of the applicable law and requested points for charge. Requested points for charge shall be exchanged by counsel at the close of evidence. (b) All requested points for charge shall contain a citation of authority.

CRITICAL

Applies to

Non documentary exhibit

The proponent must produce the photographed, letter-sized, appropriately marked documents during the proceeding for inclusion in the documentary record.

(1) These non-documentary exhibits must be photographed by the proponent, converted to a letter sized document, and appropriately marked and produced during the court proceeding for inclusion in the documentary record.

CRITICAL

Applies to

Exhibit filing

The custodian must file submitted exhibits, except non-documentary exhibits, and an exhibit index with the appropriate records office.

(a) If only one custodian is involved with a proceeding, they shall file with the appropriate records office (Prothonotary / Clerk of Courts or Orphan's Court) all submitted exhibits, with the exception of non-documentary exhibits, and index of exhibits within 5 business days of the conclusion of the proceeding.

CRITICALCivil cases

Applies to

Petition

A petition to appoint a guardian of the person must state the religious persuasion of the minor's parents and the proposed guardian.

(10) if the petition is for the appointment of a guardian of the person, the religious persuasion of the minor’s parents and the religious persuasion of the proposed guardian;

CRITICALCivil cases

Applies to

Pleading

Pleadings shall include the docket number, if one has been assigned to the matter by the clerk or Register, and shall include a heading identifying the type of pleading filed, and in the case of a petition, identifying the nature of the relief requested therein.

Pleadings shall include the docket number, if one has been assigned to the matter by the clerk or Register, and shall include a heading identifying the type of pleading filed, and in the case of a petition, identifying the nature of the relief requested therein.

CRITICALCivil cases

Applies to

Order of distribution

The Order of Distribution must include an award of counsel fees.

The Order of Distribution shall include an award of counsel fees.

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

The petition must identify interested parties not receiving notice because of proposed representation and state their property interests; for representation under § 751(6), it must also include the specified status and representative-interest statements. The text begins a separate requirement for trust-matter representation but does not include its details in this excerpt.

(b) In addition to other information required by the form, the petition for adjudication/statement of proposed distribution shall set forth the name of each interested party (whether sui juris or not) who is not receiving notice of the filing of the Account and the filing of the petition for adjudication/statement of proposed distribution because another individual or entity is proposed to represent such interested party pursuant to 20 Pa.C.S. § 751(6) or §§ 7721 – 7726, and shall set forth additional facts as to the following: (1) a statement of the interested party’s interest in the property; and (2) for representation being proposed pursuant to 20 Pa.C.S. § 751(6), (i) a statement that the interested party is not sui juris or is unborn, unknown or unascertained; and (ii) one of the following: (A) a statement that the proposed representative has an interest in the property similar to that of the interested party who is not sui juris or is unborn, unknown or unascertained; or (B) a statement that the proposed representative is the sui juris living ancestor of the interested party who is not sui juris or is unborn, unknown or unascertained and that such living sui juris ancestor has an interest in the property that is not adverse to that of the interested party who is not sui juris or is unborn, unknown or unascertained; and (3) for representation in trust matters being proposed pursuant to 20 Pa.C.S. §§ 7721 – 7726,

CRITICALCivil cases

Applies to

Notice

When applicable, the notice must explain each contested or unpaid claim, identify it, state whether it is admitted or contested, and explain why an admitted claim is not paid in full.

the accountant’s understanding of the nature of each contested or unpaid claim, a detailed explanation that specifically identifies the claim, whether the claim is admitted or contested, and if admitted, why the claim is not being paid in full;

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition to settle a case in which a minor has an interest must be filed with the prothonotary, state the case facts and reasons the settlement is proper, and include the specified supporting documents; the guardian-certification requirement continues beyond the provided text.

(a) A petition for settlement of a case in which a minor has an interest shall be filed with the prothonotary. (b) The petition shall: (1) Set forth the factual circumstances of the case; (2) State the reasons why the settlement is a proper one; and (3) Be accompanied by the following: (i) A proposed Order of Distribution; (ii) A written report of a physician; (iii) In property damage claims, a statement by the party who made the repairs or appraised the loss; (iv) A statement under oath by the guardian certifying (1) the present physical or

CRITICALCivil cases

Applies to

Notice

The notice must state the audit or objection date and, if known, the audit’s time and place; if those details are unknown, it must say they will be provided upon request.

the written notice shall state the date of the audit or the date by which objections must be filed, and the time and place of the audit, if one is to be held, to the extent then known. If an audit is to be held and the time and place of the audit is not known at the time the notice is mailed, the notice shall state that the time and place of the audit will be provided upon request.

CRITICALCivil cases

Applies to

Petition

One listed option is to state that the proposed representative has a property interest similar to that of the non-sui-juris, unborn, unknown, or unascertained interested party.

(I) a statement that the proposed representative has an interest in the property similar to that of the interested party who is not sui juris or is unborn, unknown or unascertained; or

CRITICALCivil cases

Applies to

Auditor report

An auditor’s report must concisely state controverted facts and legal questions, include reasons and a reviewable account of liens and fund disposition when distribution is made, and have the testimony returned separately and filed with it.

When facts are controverted before the auditor, he shall report the same as proved, in a concise or digested form and shall also state concisely the questions of law raised before him and his decisions thereon, with his reasons therefore, and when distribution is made, a distinct account or schedule of the liens on the funds, paid and unpaid, in a form convenient for review shall be made out and presented with the report showing precisely the disposition made of the funds. The testimony, documentary or otherwise shall be returned separately and filed with the report.

CRITICALCivil cases

Applies to

Petition

If no citation is issued with the petition, the petition must be endorsed with a notice to plead.

If a citation is not being issued with the petition, then the petition must be endorsed with a notice to plead.

CRITICALCivil cases

Applies to

Petition

The petition must state the proposed guardian's name, address, age, and relationship to the minor, if any.

(7) the name, address and age of the proposed guardian and his or her relationship to the minor, if any;

CRITICALCivil cases

Applies to

Petition

The petition seeking an issue to be granted must state under oath or affirmation that material facts are disputed and describe their nature and character.

setting forth under oath or affirmation that material facts are in dispute and the nature and character thereof;

CRITICALCivil cases

Applies to

Petition

When a party will not receive petition notice because another individual or entity is proposed to represent that party under the cited statutes, identify the party and state the additional specified facts.

(7) the name of each interested party (whether sui juris or not) who is not receiving notice of the filing of the petition because another individual or entity is proposed to represent such interested party pursuant to 20 Pa.C.S. §§ 751(6) or 7721 – 7726, and shall set forth additional facts as to the following:

CRITICALCivil cases

Applies to

Petition for settlement

The petition must describe the case and explain why settlement is proper, and include the specified proposed order, reports, statements, and supporting materials.

(b) The petition shall: (1) Set forth the factual circumstances of the case; (2) State the reasons why the settlement is a proper one; and (3) Be accompanied by the following: (i) A proposed Order of Distribution; (ii) A written report of a physician; (iii) In property damage claims, a statement by the party who made the repairs or appraised the loss; (iv) A statement under oath by the guardian certifying (1) the present physical or mental condition of the incompetent person, and (2) approval of the proposed settlement and distribution thereof; (v) A statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion; and,

CRITICALCivil cases

Applies to

Petition

For a trust with a charitable interest requiring Rule 4.4 notice, the petition must state whether the Attorney General was notified, whether it issued a no-objection statement, or why notice was not given.

(4) if the trust includes a charitable interest for which notice is required under Rule 4.4, whether the Office of the Attorney General has been given notice, whether the Office of the Attorney General has issued a statement of no objection to the petition, or the reason for failing to give the Office of the Attorney General notice;

CRITICALCivil cases

Applies to

Pleading

Must include

caption

In counties with a separate Orphans’ Court Division, pleadings must use the specified caption.

In those counties having a separate Orphans’ Court Division, pleadings shall be captioned “Court of Common Pleas of __________ County, Orphans’ Court Division”.

CRITICALCivil cases

Applies to

Motion for continuance

The attached Motion for Continuance shall be used.

The attached Motion for Continuance shall be used.

CRITICALCivil cases

Applies to

Notice or citation

Notice to the representative of an individual who is not sui juris or is unborn, unknown, or unascertained must include notice that the representative may decline to act.

including notice required by 20 Pa.C.S. § 7725 that each such representative may decline to act as a representative for the individual;

CRITICALCivil cases

Applies to

Responsive pleading

A responsive pleading admitting or denying any factual averment must be verified by at least one respondent in accordance with Rule 3.13.

A responsive pleading that admits or denies any averment of fact shall be verified by at least one of the respondents in accordance with Rule 3.13.

CRITICALCivil cases

Applies to

Notice to the Attorney General

The notice shall include or be accompanied by such of the following as may be appropriate: (1) the caption of the case; (2) a description of the nature of the proceeding; (3) the date, time and place when the matter is to be heard by the court to the extent then known; (4) the name of the decedent, settlor, incapacitated person or minor, if not disclosed by the caption; (5) a copy of the will or other instrument creating the charitable interest; (6) the name and address of any specific charity which may be affected by the proceeding;

The notice shall include or be accompanied by such of the following as may be appropriate: (1) the caption of the case; (2) a description of the nature of the proceeding; (3) the date, time and place when the matter is to be heard by the court to the extent then known; (4) the name of the decedent, settlor, incapacitated person or minor, if not disclosed by the caption; (5) a copy of the will or other instrument creating the charitable interest; (6) the name and address of any specific charity which may be affected by the proceeding;

CRITICALCivil cases

Applies to

Notice

The Account, petition or statement of proposed distribution, and accompanying legal papers must be sent with the notice, subject to the stated exceptions.

A copy of the Account, petition for adjudication/statement of proposed distribution, and any legal paper filed therewith shall be sent with the notice, unless the recipient of the notice is a trust beneficiary who is not a “qualified beneficiary” as defined in 20 Pa.C.S. § 7703, or unless the court orders otherwise in a particular matter.

CRITICALCivil cases

Applies to

Petition

If a necessary exhibit, consent, or approval cannot be attached, the petition must state that fact and identify the reason.

If the petitioner is unable to attach any necessary exhibit, consent or approval, the petition shall so state and identify the reason therefor.

CRITICALCivil cases

Applies to

Public sale notice

A public sale must be publicly noticed as required by law and any applicable local rule or court order.

Public notice of the sale shall be given as required by law and as may be further required by local rule or as the court may order in a particular matter.

CRITICALCivil cases

Applies to

Account and petition for distribution

An assignee must file a distribution petition with the account, use a form similar to the county Orphans’ Court Division’s distribution petitions, and file the account and petition with the prothonotary.

The assignee shall file with the account a petition for distribution in form similar to that of petitions for distribution required by the Orphans' Court Division of this county and all such accounts and petitions for distribution shall be filed in the office of the prothonotary.

CRITICALCivil cases

Applies to

Petition to withdraw

(b) Withdrawal. Counsel who has entered an appearance before the court as provided in subparagraph (a) shall not be permitted to withdraw without filing a petition to withdraw and obtaining the court’s leave, unless co-counsel, if any, will continue representing the party or there is a simultaneous entry of appearance by other counsel that will not delay the litigation.

(b) Withdrawal. Counsel who has entered an appearance before the court as provided in subparagraph (a) shall not be permitted to withdraw without filing a petition to withdraw and obtaining the court’s leave, unless co-counsel, if any, will continue representing the party or there is a simultaneous entry of appearance by other counsel that will not delay the litigation.

CRITICALCivil cases

If the minor is at least 16 years old, the settlement materials must include the minor’s written approval of the settlement and distribution.

(vi) In the event that the minor is 16 years of age or over, his or her written approval of the proposed settlement and distribution thereof.

CRITICALCivil cases

Applies to

Written statement

A party seeking the court’s aid in distributing money must present a written statement of facts showing why the court’s intervention is necessary or proper.

Whenever the aid of the court is desired in the distribution of money in court or in the hands of any collecting officer of the court, the party asking its interposition shall present to the court a written statement of the facts, showing its necessity or propriety, and thereupon the court may appoint an auditor to report the facts and make distribution or make such other order as may seem best calculated to bring the matter to a speedy close.

CRITICALCivil cases

Applies to

Local rule

A local rule must be set forth in writing.

(1) The local rule shall be set forth in writing;

CRITICALCivil cases

Applies to

Appearance

Appearances must be entered in writing by filed praecipe; an appearance for one of several plaintiffs or defendants applies to all unless expressly restricted.

All appearances shall be entered in writing by praecipe filed and where there are several plaintiffs or defendants, an appearance will be deemed for all unless expressly restricted.

CRITICALCivil cases

Applies to

Notice

The notice must explain how and when recipients must object and that a recipient who does not object is deemed to approve the Account and the accountant’s stated positions and proposed distributions.

that any recipient of the notice who objects to any transaction shown in the Account, any interpretation or position taken by the accountant, or to any payment, failure to pay, distribution proposed, or any other aspect of the petition for adjudication/statement of proposed distribution must file written objections in accordance with Rule 2.7 with the clerk on or before the audit date in those counties holding an audit and by a specified date in all other counties, and if there is no such objection, then no action need be taken as such recipient will be deemed to have approved the Account, as stated, and agreed with the accountant’s position on any dispute or question as set forth in the petition for adjudication/statement of proposed distribution, if any, and with the accountant’s proposed disbursements and distribution.

CRITICALCivil cases

Applies to

Post trial or post hearing motion or petition

For a post-trial or post-hearing motion or petition involving testimony, the moving party must arrange transcription of the testimony needed to resolve the issues.

(4) Transcripts: The moving party in all post-trial or post-hearing motions or petitions shall, if the argument relates to the testimony presented, arrange for the transcription of so much of the testimony as may be required to resolve the issues presented.

CRITICALCivil cases

Applies to

Petition

The petition must provide the names and addresses of the minor's living parents and, if they are not petitioners, state whether they consent.

(3) the names and addresses of his or her parents, if living, and whether the minor’s parents consent to the petition if the petition is not being filed by the minor’s parents;

CRITICALCivil cases

Applies to

Family exemption petition

A family exemption petition must state the facts establishing the petitioner's prima facie right, whether the claim is requested before confirmation or audit, and describe the property; if the specified real-estate valuation is not agreed upon, it must nominate two appraisers.

(a) Contents of Petition. In addition to the requirements provided by the Rules in Chapter III, a petition for a family exemption shall set forth the following: (1) facts establishing a prima facie right of the petitioner to the exemption; (2) whether allowance of the claim is being requested prior to the confirmation or audit of the Account; (3) a description of the property claimed; and (4) if the exemption is claimed from real estate and a valuation has not been agreed upon by all interested parties, the nomination of two appraisers for appointment by the court to appraise the same.

CRITICALCivil cases

Applies to

Motion to place case on trial list

The motion form requests placement on the trial list under Rule L308(b)(2) and states that the parties were contacted but do not agree the matter is ready.

COMES NOW, ___________________________________plaintiff/defendant (circle one) or _________________________ counsel for ________________ , and requests that the court place the above captioned matter on the trial list, pursuant to Rule L308(b)(2). The undersigned has contacted all counsel of record and unrepresented parties and all parties do not agree that the matter is presently ready for trial.

CRITICALCivil cases

Applies to

Petition for real estate transaction

A petition for the public or private sale, exchange, lease, or mortgage of real estate of an incapacitated person or the grant of an option for the sale, exchange or lease of the same shall conform as far as practicable to the requirements of these [r]Rules for personal representatives, trustees and guardians of minors in a transaction of similar type.

A petition for the public or private sale, exchange, lease, or mortgage of real estate of an incapacitated person or the grant of an option for the sale, exchange or lease of the same shall conform as far as practicable to the requirements of these [r]Rules for personal representatives, trustees and guardians of minors in a transaction of similar type.

CRITICALCivil cases

Applies to

Declaratory judgment action

A declaratory judgment action must be commenced by petition and citation directed to the interested parties.

(a) Commencement of Action. An action for declaratory judgment shall be commenced by petition and citation directed to the interested parties.

CRITICALCivil cases

Applies to

Petition

A petition under Chapter 83 of Title 20 must state the facts required by 20 Pa.C.S. § 8301, as applicable, in addition to the Chapter III requirements and the following specified information.

In addition to the requirements provided by the Rules in Chapter III, a petition under Chapter 83 of Title 20 shall set forth the facts required by 20 Pa.C.S. § 8301, as applicable, and the following:

CRITICALCivil cases

Applies to

Petition

Attach the parents' written consents when they are not petitioners and consent to the petition.

(2) the written consents of the minor’s parents to the petition if they are not the petitioners and if they consent to the petition; and

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

Must include

certificate of service

A certificate of service and notice copy must be attached to the petition or filed with the clerk by the applicable audit or objection date.

A certificate of service and a copy of the notice shall be appended to the petition for adjudication/statement of proposed distribution or filed with the clerk prior to the audit or continued audit date, in those counties having a separate Orphans’ Court Division, or by the date when objections must be filed in all other counties.

CRITICALCivil cases

Applies to

Pleading

All pleadings, including initial pleadings and entries of appearance, must include the local cover sheet.

All pleadings including the initial pleading and entries of appearance filed in any matter shall be accompanied by the local cover sheet set forth in subdivision (3) of this rule .

CRITICALCivil cases

Applies to

Declaratory judgment petition

A declaratory judgment petition must attach as an exhibit a copy of any will, trust, governing instrument, or other document to be construed.

(c) Exhibits. A copy of the will, trust, other governing instrument, or any other document to be construed shall be attached to the petition as an exhibit.

CRITICALCivil cases

Applies to

Petition for partition

A partition petition must comply with Chapter III and state the specified decedent, property, lien, rent, interested-party, and interest information, and request a citation to nonjoining or nonconsenting interested parties.

In addition to the requirements provided by the Rules in Chapter III, a petition for partition shall set forth the following: (a) the date of the decedent’s death and whether he or she died testate or intestate, in whole or in part; (b) a description, giving the size and location, of the property to be partitioned, the liens and charges to which it is subject and the rents due from tenants thereof, and that the property has not been partitioned or valued for partition; (c) the name, address and relationship of those interested in the land to be partitioned, the extent of the interest of each of such persons, and, if such interest is created by a recorded deed or will, a reference to such record; and (d) a request for a citation upon the interested parties who have not joined in or consented to the petition to appear and show cause why an inquest in partition should not be granted.

CRITICALCivil cases

Applies to

Initial pleading

An initial pleading in a civil action must be accompanied by the Pennsylvania Rule 205.5 cover sheet published by the court administrator.

Pursuant to Pa.R.C.P. No. 205.5 the initial pleading in any civil action, including actions, actions for support, actions for custody and visitation of minor children, actions for divorce, actions in domestic relations generally, and actions in the Orphan’s Court, shall be accompanied by the cover sheet published by the court administrator of Pennsylvania available on the website of the Administrative Office of Pennsylvania Courts and from the prothonotary.

CRITICALCivil cases

Applies to

Declaratory judgment petition

A declaratory judgment petition must include sufficient averments for the requested relief and the listed facts, legal question, interested parties, and requested relief.

(b) Contents of Petition. In addition to the requirements provided by the Rules in Chapter III, the petition shall contain sufficient averments to entitle petitioner to the declaratory relief requested under the Pennsylvania Declaratory Judgments Act, 42 Pa. C.S. § 7531 et seq., including: (1) a concise statement of the facts relied upon to justify a declaratory judgment proceeding; (2) the question of law, if any, with respect to which declaratory relief is requested; (3) identity of all interested parties; and (4) a prayer for the relief desired.

CRITICALCivil cases

Applies to

Responsive pleading

Must include

certificate of service

A certificate of service listing each recipient’s name and address must accompany or be filed at the same time as the responsive pleading.

A certificate of service, listing the names and addresses of those individuals and entities receiving a copy of the responsive pleading shall be appended to, or filed contemporaneously with, the responsive pleading.

CRITICALCivil cases

Applies to

Petition

The petition must state the non-noticed interested party’s interest in the property.

(i) a statement of the interested party’s interest in the property; and

CRITICALCivil cases

Applies to

Spouse intestate share petition

When no Account is filed and any part of a spouse's intestate share is claimed from real estate, the claim must be presented by petition stating facts establishing entitlement and describing the property; if the specified real-estate valuation is not agreed upon, the petition must nominate two appraisers.

(a) Contents of Petition. When no Account is filed and all or part of the spouse’s intestate share under 20 Pa.C.S. § 2102 is claimed from real estate, the claim shall be presented by petition, which shall conform to the requirements provided by the Rules in Chapter III, and shall set forth the following: (1) facts establishing a prima facie right of the spouse to the statutory intestate share; (2) a description of the property claimed; and (3) if the exemption is claimed from real estate and a valuation has not been agreed upon by all interested parties, the nomination of two appraisers for appointment by the court to appraise the same.

CRITICALCivil cases

Applies to

Petition

For a public or private sale petition involving property subject to a life estate with remainder over that is not held in trust, the petition must request appointment of a named trustee to conduct the sale and hold the proceeds in trust.

(b) if the petition is for the public or private sale of real property subject to a life estate with remainder over and the real property is not held in trust, the petition shall request the appointment of a named trustee to make the sale and hold the proceeds in trust.

CRITICALCivil cases

Applies to

Response in opposition to motion for summary judgment

A response opposing a motion for summary judgment must be filed as provided by Pa.R.C.P. No. 1035.3; other disposition procedures follow those for motions for judgment on the pleadings.

The procedures for the disposition of a Motion for Summary Judgment are identical to the procedures for the disposition of a Motion for Judgment on the Pleadings described in Rule L1034(a) except that a Response in Opposition to the Motion for Summary Judgment shall be filed as provided in Pa.R.C.P. No. 1035.3.

CRITICALCivil cases

Applies to

Petition

A successor-custodian petition must conform to Chapter III and include, as far as practicable, the information required for a petition to appoint a guardian of a minor's estate.

A petition for the designation of a successor custodian under the Pennsylvania Uniform Gifts to Minors Act shall conform to the requirements provided by the Rules in Chapter III and set forth as far as practicable the information required in a petition for the appointment of a guardian of the estate of a minor.

CRITICALCivil cases

Applies to

Petition

A petition must concisely state the facts relied on to establish jurisdiction and justify the requested relief.

(2) a concise statement of the facts relied upon to establish the court’s jurisdiction and to justify the relief requested;

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

Issuance of a Rule to Show Cause is discretionary, and a petitioner seeking one must attach a proposed order in the prescribed form; the court may modify the order or set alternative procedures.

The issuance of a Rule to Show Cause upon presentation of a petition shall be discretionary. A petitioner seeking the issuance of a Rule to Show Cause shall attach to the petition a proposed order in the form prescribed in Pa.R.C.P. No. 206.5(d). The court in its discretion may delete paragraphs (4) and (5) of the form order (regarding discovery and argument) and provide instead that the matter will proceed before the court on an evidentiary hearing to resolve disputed issues of fact. The court may also enter an order to require the filing of briefs or to authorize discovery to proceed other than by deposition.

CRITICALCivil cases

Applies to

Answer

All applicable affirmative defenses must be pleaded in the answer under the heading “New Matter.”

All applicable affirmative defenses shall be pleaded in the answer under the heading ‘‘New Matter.’’

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

Counsel for the accountant must sign the petition in accordance with Rule 3.12.

Counsel for the accountant shall sign the petition for adjudication/statement of proposed distribution in accordance with and pursuant to Rule 3.12.

CRITICALCivil cases

Applies to

Account

An Account must state receipt, disbursement, and distribution dates, sources, recipients, and purposes; qualifying repeated payments may be reported as totals with the period’s beginning and ending dates instead of itemized.

(1) The dates of all receipts, disbursements and distributions, the sources of the receipts, and the persons to whom disbursements and distributions are made and the purpose thereof shall be stated. When a number of payments have been received from the same source or disbursed or distributed to the same recipient for the same purpose over a period of time, such receipts, disbursements or distributions need not be itemized, but may be stated in total amounts only, with beginning and ending dates within the period covered.

CRITICALCivil cases

Applies to

Petition

If the minor is at least fourteen, the petition must state the minor's preference, if any, for a guardian.

(9) if the minor is fourteen years of age or older, the preference of the minor, if any, as to who should be appointed as guardian;

CRITICALCivil cases

Applies to

Incapacity determination and guardian appointment proceeding

The incapacity-determination and guardian-appointment procedure must meet the requirements of 20 Pa.C.S. §§ 5512 and 5512.1.

The procedure for determining incapacity and for appointment of a guardian shall meet all requirements set forth at 20 Pa.C.S. §§ 5512 and 5512.1.

CRITICALCivil cases

Applies to

Petition

If the minor is entitled to property as a party to a court action or proceeding, the petition must refer to the court record and state the amount of that property.

(12) if the minor is entitled to receive any property as a party to any court action or proceeding, a reference to the court record and the amount of the property to which the minor is entitled; and

CRITICALCivil cases

Applies to

Notice to defend

A notice to defend must identify Northwestern Legal Services at the stated address and telephone number and substantially conform to the prescribed form.

The party, to be named in the notice to defend, from whom legal help can be obtained is: Northwestern Legal Services 100 Main Street Bradford, PA 16701 Telephone: 814-362-6596 The notice shall substantially conform to the form shown below.

CRITICALCivil cases

Applies to

Petition

A petition requiring a Rule 3.5(a) citation must also have the proposed preliminary decree attached to its front.

In the case of a petition requiring a citation under Rule 3.5(a), a proposed form of preliminary decree for the issuance of the citation to the interested parties, subject to subparagraph (a)(7) of this Rule, shall also be attached to the front of the petition.

CRITICALCivil cases

Applies to

Financial statements

An eligible charitable nonprofit corporation or cemetery company may file financial statements for its three most recent fiscal years instead of an Account, and those statements must be verified as true and correct by a representative.

(d) When a non-profit corporation incorporated for charitable purposes or a cemetery company is required to file an Account, such corporation or company may file its financial statements for its three most recent fiscal years in lieu of filing an Account in the form required by this Rule. Financial statements shall be verified to be true and correct by a representative of the non-profit corporation or cemetery company.

CRITICALCivil cases

Applies to

Petition for settlement

A settlement petition involving an incapacitated person’s interest must be filed with the prothonotary.

(a) A petition for settlement of a case in which an incapacitated person has an interest shall be filed with the prothonotary.

CRITICALCivil cases

Applies to

Pleading

Every pleading must be divided into consecutively numbered paragraphs.

Every pleading shall be divided into consecutively numbered paragraphs.

CRITICALCivil cases

Applies to

Non jury trial

Before presenting evidence at a non-jury trial, a party must first present proposed findings of fact, conclusions of law, and a supporting memorandum, unless the court grants leave or postpones their presentation by order.

At any non-jury trial, except by leave of court, no party shall be permitted to present evidence either in support of or in opposition to any claim or cause of action unless the party has first presented proposed findings of fact, conclusions of law and a memorandum in support thereof unless the presentation of same are postponed by court order.

CRITICALCivil cases

Applies to

Objection

Each objection must specify its description and amount, address one issue (grouping same-issue objections as subparts), and briefly state supporting reasons.

(c) Each objection shall: (1) be specific as to description and amount; (2) raise one issue of law or fact, but if there are several objections relating to the same issue, all such objections shall be included in the same paragraph as subparts; and (3) briefly set forth the reason or reasons in support thereof.

CRITICALCivil cases

Applies to

Account

A separate account must be filed for each minor's estate.

Separate Accounts must be filed for the estate of each minor.

CRITICALCivil cases

Applies to

Arbitration award

Arbitrators must subscribe to an oath before beginning their duties, and the oath must be filed with the award.

Before entering upon their duties the members of the Board of Arbitration shall subscribe to an oath to perform their duties and decide the case submitted to them justly and equitably, and with due diligence, which oath shall be filed with their award.

CRITICALCivil cases

Applies to

Pleading

Each cause of action in a pleading must appear in a separately headed count that names the relevant parties and contains a separate request for relief.

More than one cause of action may be stated in a pleading. Each cause of action shall be stated in a separate count, preceded by a heading, and the count shall name the parties to that cause of action and shall contain a separate request for relief.

CRITICALCivil cases

Applies to

Application

The application must include the applicant’s identifying information, specified statements and request for relief, an unsworn verification, and the applicant’s signature.

(a) The application shall set forth the following: (1) the initials of the applicant; (2) the age of the applicant; (3) the names and addresses of each parent, guardian or, if the petitioner is a minor whose parents are deceased and no guardian has been appointed, any other person standing in loco parentis to the applicant; (4) a statement that the applicant has been fully informed of the risks and consequences of the abortion; (5) a statement whether the applicant is of sound mind and has sufficient intellectual capacity to consent to the abortion; (6) a prayer for relief asking the court to enter an order authorizing a physician to perform an abortion upon applicant; (7) an unsworn verification stating that the information therein is true and correct and that the applicant is aware that any false statements made in the application are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities; and (8) the signature of the applicant, which may consist of the applicant’s initials.

CRITICALCivil cases

Applies to

Affidavit

Before a decree or judgment against a party who appeared and later defaulted, the opposing party must file an affidavit addressing military service or efforts to obtain that information.

In all cases in which a party to an action has appeared but subsequently defaults, before any decree or judgment shall be entered, the opposing party shall file an affidavit stating that the defaulting party is not in military service of the United States, or if the information is not available, the affidavit shall state what efforts have been made to obtain facts.

CRITICALCivil cases

Applies to

Motion

A person seeking to be excused from in-person mediation must file a motion with the court.

A person seeking to be excused must file a motion with the court no fewer than 10 days before the date set for the mediation, simultaneously copying all counsel and the mediator.

CRITICALCivil cases

Applies to

Petition

If a non-sui-juris individual is proposed to be represented under the cited statutes, the petition must also satisfy subparagraph (7).

(iii) if the non-sui juris individual is proposed to be represented in the matter at issue by another individual or entity pursuant to 20 Pa.C.S. §§ 751(6) or 7721-7726, then subparagraph (7) of this Rule shall also apply;

CRITICALCivil cases

Applies to

Petition

Counsel must sign the petition, or all petitioners must sign it if they are not represented by counsel.

signed by counsel, or if not represented by counsel, then signed by all the petitioners in accordance with Rule 3.12.

CRITICALCivil cases

Applies to

Account

Every Account must contain a summary page with page references.

(ii) a summary page with page references;

CRITICALCivil cases

Applies to

Arbitration award

An arbitration award must be signed by all or a majority of the Board, dispose of all claims for relief, and comply with Pa.R.C.P. No. 1312.

The award shall be signed by all or a majority of the members of the Board. The award shall dispose of all claims for relief and shall comply with Pa.R.C.P. No.1312.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must include a statement of supporting legal authority, either in a contemporaneously filed brief or memorandum or, for noncomplex objections, in the objections themselves.

All Preliminary Objections, upon filing, must be supported by a statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief or memorandum of law filed contemporaneously with the preliminary objections; or, if the preliminary objections do not raise complex legal or factual issues, in the body of the preliminary objections itself.

CRITICALCivil cases

Applies to

Pleading verification

When a pleading contains factually inconsistent averments, its verification must identify them and state the results of the signer’s reasonable investigation and basis for belief.

If a pleading contains averments that are inconsistent in fact, the verification shall state that the signer has been unable after reasonable investigation to ascertain which of the inconsistent averments, specifying them, are true but that the signer has knowledge or information sufficient to form a belief that one of them is true.

CRITICALCivil cases

Applies to

Public notice

The published hearing notice must state that persons must prove their claims or be barred from sharing in the fund.

stating therein that all persons must prove their claims before them or be debarred from coming upon the fund.

CRITICALCivil cases

Applies to

Amended pleading

An amended pleading must be complete and clearly identified as amended.

Whenever an amended pleading is filed, such pleading shall be a complete pleading and not merely set forth the amendments to the former pleading. The amended pleading shall clearly indicate that it is an amended pleading, the paragraphs shall be renumbered, and the new portion shall be underlined.

CRITICALCivil cases

Applies to

Initial pleading

An association’s initial pleading must list the names and addresses of its officers or all persons known to hold themselves out as officers.

The Plaintiff's initial pleading in an action prosecuted by an association shall set forth the names and addresses of the officers thereof or of all persons known to be holding themselves out as such.

CRITICALCivil cases

Applies to

Stay of execution request

A request to stay execution while a petition to open judgment is pending must be filed as a separate motion.

Any request for stay of execution pending disposition of a petition to open judgment shall be filed by separate motion.

CRITICALCivil cases

Applies to

Agreement of reference

An agreement of reference must define the issues submitted to arbitration and, if the parties agree, may also include stipulations about agreed facts or waived defenses.

The agreement of reference shall define the issues to be submitted to the Board, and, when agreeable to the parties, shall also contain stipulations with respect to facts agreed or defenses waived.

CRITICALCivil cases

Applies to

Pleading, brief, or memorandum of law

Counsel and unrepresented parties must sign every pleading, brief, and memorandum of law and provide the information specified for their circumstances.

Counsel who has entered an appearance for a party pursuant to Rule 1.7(a) shall sign every pleading and any brief or memorandum of law and shall include counsel’s name and address. A party not represented by any counsel of record shall sign every pleading and any brief or memorandum of law and shall include the party’s name, an address where legal paper may be served, and a telephone number.

CRITICALCivil cases

Applies to

Motion

A plaintiff seeking an order for service by publication in the stated circumstances must attach an affidavit showing that at least four listed search or service methods were attempted.

If a defendant is dead or his identity or whereabouts is unknown and the plaintiff moves the court pursuant to Pa.R.C.P. No. 430 for a special order directing service on the defendant by publication, the plaintiff shall attach to his/her motion an affidavit that shall state: (1) that at least four (4) of the following have been attempted: (i) sheriff service to all known addresses; (ii) inquiry of relatives, neighbors, friends and employers of defendants (3 of 4); (iii) examination of local phone directories, local tax records and voter registration records (2 of 3); (iv) inquiry of postal authority including inquiry pursuant to the Freedom of Information Act, 39 C.F.R. Part 265; (v) an internet search utilizing not less than 2 recognized search engines; (vi) examination of motor vehicle records (PENN DOT Form DL-503); (vii) any other method that would reasonably lead to service on the defendant.

CRITICALCivil cases

Applies to

Pre trial statement

Each party must submit a pre-trial statement containing the items required by Pa.R.C.P. No. 212.2.

Three days prior to the date scheduled for the pre-trial conference each party shall submit to the court and to other counsel of record a pre-trial statement containing those items set forth in Pa.R.C.P. No. 212.2.

CRITICALCivil cases

Applies to

Supplemental pre trial information

A party who first learns through reasonable diligence after the pre-trial conference that specified trial material may be needed must promptly provide the court and other counsel the information required for the pre-trial statement; the court may refuse its use if the information is not provided.

If a party, in the exercise of reasonable diligence, first becomes aware after the pre- trial conference of the necessity or desirability of using a witness, an exhibit, a hypothetical question, plot or plan, he shall forthwith provide the court and other counsel with the same information with respect to such witness, exhibit, hypothetical question, plot or plan as is required on the pre-trial statement set forth in Pa.R.C.P. No. 212.2. Failure to provide such information shall not be compliance with this subsection, and may, in the discretion of the court, justify refusal by the court to permit the use of such witness, exhibit, hypothetical question, plot or plan at trial.

CRITICALCivil cases

Applies to

Review hearing petition

A review-hearing petition must state the specified adjudication, guardian, facility, residence, and presumptive-heir information, and aver at least one of the listed grounds.

A petition for a review hearing shall set forth: [(1)] (a) the date of the adjudication of incapacity; [(2)] (b) the name and address of the guardian; [(3)] (c) if the incapacitated person has been a patient in a mental health facility, the name of such facility, the date of admission, and the date of discharge; [4)] (d) the present address of the incapacitated person, and the name of the person with whom the incapacitated person is living; [(5)] (e) the names and addresses of the presumptive adult heirs of the incapacitated person; and [(6)] (f) an averment that: [(i)] (1) there has been significant change in the incapacitated person’s capacity; [(ii)] (2) there has been a change in the need for guardianship services; or [(iii)] (3) the guardian has failed to perform duties in accordance with the law or act in the best interest of the incapacitated person.

CRITICALCivil cases

Applies to

Motion

Must include

certificate of conference

A motion represented as uncontested must include counsel’s certification that counsel conferred with all interested parties and the requested relief is uncontested.

A motion that is represented to be uncontested shall contain a certification by counsel for the moving party that counsel has conferred with all interested parties and that the requested relief is uncontested.

CRITICALCivil cases

Applies to

Account for audit and confirmation

An account for audit and confirmation must be presented to the court at the appointed time with proof of publication and proof that required notice was given to interested parties.

Any such account filed for audit and confirmation shall be audited preliminarily by the prothonotary and then presented to the court, together with the proofs of publication and proof of the giving of the required notice to interested parties at the time fixed for the audit or confirmation thereof; and if no exceptions have been filed, the account may be confirmed absolutely.

CRITICALCivil cases

Applies to

Petition for adjudication statement of distribution

Counsel’s signature must attest that the submitted petition accurately replicates the Model Form, and counsel is subject to the cited rules and sanctions.

Another substantial modification is the addition of subparagraph (e) that requires counsel to sign the petition for adjudication/statement of distribution attesting that the submitted petition for adjudication/statement of distribution accurately replicates the Model Form and subjects counsel to rules and sanctions as provided in Pa.R.C.P. Nos. 1023.1 through 1023.4.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must be accompanied by a supporting brief or memorandum filed at the same time.

All Motions for Judgment on the Pleadings, upon filing, must be supported by a brief or memorandum of law filed contemporaneously with the motion.

CRITICALCivil cases

Applies to

Confessed judgment complaint or instrument

For a judgment on an instrument containing a warrant of attorney that accompanies a mortgage, state the mortgage's book and page in the complaint, or on the instrument if there is no complaint.

When a judgment is entered upon any instrument containing a warrant of attorney, which instrument accompanies a mortgage, a statement shall be placed in the complaint showing the book and the page where said mortgage is recorded. If the instrument is entered without a complaint, a statement shall be placed upon the instrument itself.

CRITICALCivil cases

Applies to

Appeal

Appeals from an order or decree of the Register must be brought by petition and comply with Chapter III and applicable local rules.

Appeals to the court from an order or decree of the Register shall be by petition and governed by Chapter III of these Rules and any applicable local rules.

CRITICALCivil cases

Applies to

Motion

Every motion must be supported upon filing by a statement of authority citing a supporting statute, court rule, or case law.

All motions, upon filing, must be supported by a statement of authority citing a statute, rule of court or case law in support of the requested relief.

CRITICALCivil cases

Applies to

Petition

The petition must state the petitioner's name, address, and relationship to the minor.

(1) the name, address and relationship of the petitioner to the minor;

CRITICALCivil cases

Applies to

Facsimile cover sheet

A facsimile-served copy must begin with a cover sheet listing the specified party, fax, document-title, and page-count information.

(2) A facsimile copy shall begin with a facsimile cover sheet containing: (i) the name, firm, address, telephone number, of both the party making service and the party served; (ii) the facsimile telephone number of the party making service and the facsimile telephone number to which the facsimile copy was transmitted; (iii) the title of the legal paper served; and (iv) the number of pages transmitted.

CRITICALCivil cases

Must include

certificate of service

The praecipe form calls for a statement that a copy was served on all counsel of record and unrepresented parties, including the manner of service.

A copy of this praecipe has been served on all counsel of record and unrepresented parties in the following manner:

CRITICALCivil cases

Applies to

Petition

A petition must include a title briefly indicating its purpose.

(1) a title indicating briefly the purpose of the petition;

CRITICALCivil cases

Applies to

Praecipe

To re-index a judgment entered on confession under a defendant’s alias name, the plaintiff’s attorney must file a praecipe supported by an affidavit.

Judgments entered on confession may be subsequently re- indexed against any defendant under any alias name upon the plaintiff's attorney filing a praecipe therefore supported by an affidavit

CRITICALCivil cases

Applies to

Local rule

One certified paper copy of each local rule must be filed with the Administrative Office of Pennsylvania Courts.

(2) One certified paper copy of the local rule shall be filed with the Administrative Office of Pennsylvania Courts;

CRITICALCivil cases

Applies to

Petition

The petition must state that no guardian is currently appointed or provide the specified details and court-order reference for a guardian who died or was discharged or removed.

(6) that the minor has no guardian presently appointed or that a guardian already appointed has died or has been discharged or removed by the court, together with the date of such death, discharge or removal and a reference to the court order discharging or removing the previously appointed guardian;

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections asserting facts not otherwise of record must include a notice to plead under Pa.R.C.P. No. 1361.

Preliminary Objections which assert facts not otherwise of record, including but not limited to an objection under Pa.R.C.P. No. 1028(a)(1), (5) or (6) shall be endorsed with a notice to plead pursuant to Pa.R.C.P. No. 1361.

CRITICALCivil cases

Applies to

Bill of costs

A bill of costs must list specified witness and mileage information and include an affidavit verifying the witnesses’ attendance and materiality.

Bills of costs must contain the names of the witnesses, the dates of their attendance, the number of miles actually traveled by them, and the place from which mileage is claimed. The bill shall be verified by the affidavit of the party filing it or his agent or attorney that the witnesses named were actually present in court, and that, in his opinion, they were material witnesses.

CRITICALCivil cases

Applies to

Withdrawal of appearance

Withdrawals of appearance must follow Pennsylvania Rule of Civil Procedure 1012 and the procedure in the court’s May 1, 2007 memorandum.

Withdrawal of appearances shall be made in accordance with Pa.R.C.P. No.1012 and the procedure outlined in the court’s memorandum of May 1, 2007 available on the court’s website at www.mckeancountypa.org/Departments/Court_Of_Common_Pleas.

CRITICALCivil cases

Applies to

Motion

Every motion must include a statement of supporting legal authority, which may be filed contemporaneously or, for routine motions without complex issues, included in the motion.

All motions shall be supported by a statement of authority citing a statute, rule of court or case law in support of the requested relief. The statement may be in the form of a brief or memorandum of law filed contemporaneously with the motion; or, in routine motions that do not raise complex legal or factual issues, in the body of the motion itself.

CRITICALCivil cases

Applies to

Account

Every Account must include separate schedules as needed for receipts, gains or losses, disbursements, distributions, investments, changes in holdings, and other appropriate schedules.

(iii) separate schedules, as needed, which set forth receipts, gains or losses on sales or other dispositions, disbursements, distributions, investments made, changes in holdings, and other schedules as appropriate; and

CRITICALCivil cases

Applies to

Petition

Petitions should not be filed with the court administrator. All petitions shall be filed with the prothonotary.

Petitions should not be filed with the court administrator. All petitions shall be filed with the prothonotary.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each motion must be accompanied by a proposed order.

All motions shall be filed with the prothonotary in the form prescribed in Pa.R.C.P. Nos. 204.1, 208.2 and Rule L205.2(a) and shall be accompanied by a proposed order.

CRITICAL

Applies to

Digital media exhibit

(2) Digital media such as CDs, thumb drives, etc. shall also be retained by the records office.

(2) Digital media such as CDs, thumb drives, etc. shall also be retained by the records office.

CRITICALCivil cases

Applies to

Master report

A master’s report must document hearing details, delays or continuances and their causes, jurisdiction, the questions involved, factual findings, legal conclusions, and specific recommendations.

A master’s report shall state the number, times, dates and duration of the hearings held, the number, extent and causes of any delays or continuances, and the basis of the court’s jurisdiction, and shall include a statement and discussion of the questions involved, findings of fact and conclusions of law, and specific recommendations.

CRITICALCivil cases

Applies to

Post trial or post hearing motion or petition

If argument on a post-trial or post-hearing motion or petition will refer to testimony, the moving party must include a request for a transcript of the testimony or the desired portion.

The moving party in all post-trial and post-hearing motions or petitions shall, if argument thereon is to be with reference to the testimony, include a request for a transcript of the testimony, or such part thereof as the moving party desires to have transcribed for the purposes of such motion.

CRITICALCivil cases

Applies to

Petition

The petition must include a copy of the trust instrument certified by counsel as a true and correct copy.

(b) Exhibits. The following shall be attached to the petition: (1) a copy of the trust instrument duly certified by counsel to be a true and correct copy; and

CRITICALCivil cases

Applies to

Form

An applicant or petitioner must use the Supreme Court-promulgated or approved form for use before the register or clerk, and the local register or clerk may accept only that form.

Now, if the Supreme Court has promulgated or approved a form for use before the register or clerk, then such form is the only one that may be used by the applicant or petitioner and is the only one that can be accepted by the local register or clerk.

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

The petition must include any legal paper required by the form.

The petition for adjudication/statement of proposed distribution shall be accompanied by such legal paper as is required by the form.

CRITICALCivil cases

Applies to

Pleading

Pleadings must state the material facts supporting a cause of action or defense concisely and in summary form.

The material facts on which a cause of action or defense is based shall be stated in a concise and summary form.

CRITICALCivil cases

Applies to

Petition

A petition must give the names and addresses of every interested party with an interest in the matter.

(5) the names and addresses of every interested party who has an interest in the matter that is the subject of the petition;

CRITICALCivil cases

Applies to

Proof of service

Proof of service of the citation must be filed with the clerk by the responsive-pleading due date.

(7) Proof of service of the citation shall be filed with the clerk on or before the date when a responsive pleading is due.

CRITICALCivil cases

Applies to

Cover sheet

The plaintiff or defendant must provide the prothonotary a copy of the cover sheet and any supplement for the court administrator.

Plaintiff/Defendant shall furnish the prothonotary with a copy of the cover sheet(s) and supplement, if any, for the court administrator.

CRITICALCivil cases

Applies to

Notice

Additional notice must state the continued audit or objection date and, if known, the audit’s time and place; if unknown, it must say those details will be provided upon request.

The additional notice shall state the date of the continued audit or the date by which objections must be filed, and the time and place of the continued audit, if one is to be held, to the extent then known. If the time and place of the continued audit is not known at the time the additional notice is mailed, the additional notice shall state that the time and place of the continued audit will be provided upon request.

CRITICALCivil cases

Applies to

Notice

The notice must include a copy of the Account in the specified proceedings involving a qualifying charitable beneficiary or legatee.

(13) a copy of an Account if the proceeding involves an Account and if the charity is any one of the following: (i) a residuary beneficiary, including as a beneficiary of a residuary trust; (ii) a pecuniary legatee in an amount greater than $25,000; or (iii) a pecuniary legatee where the bequest has not and will not be paid in full.

CRITICALCivil cases

Applies to

Status report

Each report of uncompleted administration must state the date by which the personal representative or counsel reasonably believes administration will be completed.

If administration of an estate has not been completed within two years of the decedent’s death, the personal representative or counsel shall file at such time, and annually thereafter until the administration is completed, a report with the Register showing the date by which the personal representative or his, her, or its counsel reasonably believes administration will be completed.

CRITICALCivil cases

Applies to

Petition

A petition concerning appointment of a trustee must address the trust, its property, interested parties and notice, and the proposed trustee’s identity, relationship, and interest.

(1) the situs of the trust and if any court previously has exercised jurisdiction over the trust; (2) the provisions of the instrument creating the trust; (3) the general character, location, and value of the trust property; (4) the reasons why any individual or corporation named in the trust instrument as trustee or successor trustee is unable or unwilling to serve; (5) the names, addresses and relationships of all interested parties and whether those who have not joined in or consented to the petition have been given notice of the filing of the petition, or the reason for failing to give any interested party notice; (6) the name and address of the proposed trustee and his or her relationship, if any, to any interested party; and (7) whether the proposed trustee has any interest in the trust.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include counsel’s certification of efforts to resolve the issues with all interested parties and the failure to reach a satisfactory resolution.

A motion relating to discovery shall contain a certification by counsel for the moving party that counsel has conferred, or attempted to confer, with all interested parties in an attempt to resolve the matter without court action and has been unable to reach a satisfactory resolution of the issues presented.

CRITICALCivil cases

Applies to

Petition

The petition must name all interested parties who have not joined in or consented to it and provide their addresses if known.

(a) the names of all interested parties who have not joined in or consented to the petition, and their addresses, if known;

CRITICALCivil cases

Applies to

Motion to list for trial

A motion seeking an order placing a case on the trial list must substantially conform to the provided form, state that counsel and unrepresented parties do not agree the case is ready, and request that the court order the case to trial.

By motion that shall substantially conform to the form shown below showing that all counsel and unrepresented parties do not agree that the case is presently ready for trial, and requesting that the court order the case to trial.

CRITICALCivil cases

Applies to

Plaintiff affidavit

To use publication instead of personal or mail notice, the plaintiff must file an affidavit stating that diligent search did not establish the person's identity or whereabouts.

unless the plaintiff shall file an affidavit that the identity or whereabouts of any such person is unknown to him after diligent search therefore

CRITICALCivil cases

Applies to

Notice or citation

Notice to a qualifying representative for a sui juris individual must include notice that the representative may decline to act.

including notice as required by 20 Pa.C.S. § 7725 that each such representative may decline to act as a representative for the sui juris individual.

CRITICALCivil cases

Applies to

Petition

A petition must identify each interested party who is not sui juris and provide the specified information about that individual.

(6) the name of any individual who is an interested party but is not sui juris, along with the following information:

CRITICALCivil cases

Applies to

Petition for discharge

A petition to discharge a fiduciary, with or without the surety, after an Account has been filed and confirmed must comply with Chapter III and include the specified fiduciary, appointment, Account, confirmation, and distribution information.

(a) Account Previously Filed. A petition for the discharge of a fiduciary and his or her surety, or of the surety alone, subsequent to an Account having been filed and confirmed, shall conform to the requirements provided by the Rules in Chapter III and set forth the following: (1) the nature of the fiduciary capacity; (2) the date and a reference to the record of the fiduciary’s appointment; (3) the date of filing the fiduciary’s Account and the date of the court’s adjudication or order confirming the Account; and (4) that the entire estate has been distributed to the creditors and parties entitled thereto and that no other property belonging to the estate has been received or remains to be accounted for by the fiduciary.

CRITICALCivil cases

Applies to

Auditor report

An auditor’s report must state the questions involved, findings, and legal conclusions, and, when approving an Account, must confirm it and identify each distribution recipient and award.

An auditor’s report shall include a statement of the questions involved, findings of fact, conclusions of law, and, if the Account is approved by the auditor, it shall also expressly confirm the Account and shall specify, or indicate by reference to the petition of adjudication/statement of proposed distribution, the names of the persons to whom the balance available for distribution is awarded and the amount or share awarded to each of such persons.

CRITICALCivil cases

Applies to

Petition to revoke or vacate surviving spouse election

A petition to revoke or vacate a surviving spouse’s election must include the specified information about the decedent, estate, interested parties, property, elections, grounds, and requested citation.

(a) Contents of Petition. In addition to the requirements provided by the Rules in Chapter III, a petition to revoke or vacate an election of a surviving spouse to take against the will and other conveyances of the decedent shall set forth the following: (1) the date of the decedent’s death, whether a will has been probated and, if so, a reference to the place and date of probate; (2) the name and capacity of the fiduciary of the decedent’s estate, if any, and a reference to the record of his appointment; (3) the name, address and relationship, if known, of the other interested parties and the nature and the extent of each of their interests; (4) the names of the interested parties who have consented to the revocation or vacating of the election and the names of those who have not consented; (5) a description and valuation of the decedent’s real and personal property affected by the election; (6) the date and manner of executing the election desired to be revoked or vacated and whether the same has been recorded, registered or filed, and if so, the date and place thereof; (7) whether the surviving spouse has made or executed and delivered at any place an election contrary to that desired to be revoked or vacated, and whether that election has been recorded, registered or filed, and if so, the date and place thereof; (8) the facts relied upon to justify the revocation or vacating of the election; and (9) a request for a citation upon the interested parties who have not joined in the petition or who have not consented thereto to show cause why the election should not be revoked or vacated.

CRITICALCivil cases

Applies to

Petition

The petitioner must attach any known written instrument appointing a guardian to receive property or proceeds for the minor.

Additionally, petitioner must attach a copy of any known written instrument that appoints a guardian to receive property or proceeds on behalf of a minor.

CRITICALCivil cases

Applies to

Petition

A petition must have attached to it a citation and notice in the Supreme Court-approved form.

A citation and notice in the form approved by the Supreme Court shall be attached to and served with a petition.

CRITICALCivil cases

Applies to

Petition

A petition seeking a Rule to Show Cause must include a statement of supporting legal authority; it may be filed contemporaneously as a brief or memorandum, or included in the body of a routine petition that raises no complex legal or factual issues.

The petition seeking the issuance of a Rule to Show Cause shall be supported with an appropriate statement of authority citing a statute, rule of court, or case law in support of the requested relief. The statement may be in the form of a brief or memorandum of law filed contemporaneously with the petition; or, in a routine petition that does not raise complex legal or factual issues, in the body of the petition itself.

CRITICALCivil cases

Applies to

Initial pleading

For an initial pleading in a case not listed on the cover sheet or without an applicable header, the filer must make the specified entry on the cover sheet and attach the subdivision (3) supplement.

The party filing the initial pleading in any other type of case not listed on the cover sheet or for which there is not an applicable header (e.g. TORT) under which the case type can be added on the line “Other:” shall mark in the lower right hand corner of the cover sheet under the heading “MISCELLANEOUS” sub-heading “Other:” Family Law, Orphan’s Court and attach the supplement set forth in subdivision (3) of this rule.

CRITICALCivil cases

Applies to

Answer with new matter

An answer containing new matter must have a notice to plead, substantially in the form provided in Rule 3.5(b)(1), affixed to its first page.

(c) A notice to plead in substantially the form provided in Rule 3.5(b)(1) shall be affixed to the first page of an answer that contains new matter

CRITICALCivil cases

Applies to

Delay damages statement

The prescribed delay-damages statement must include a copy of the written settlement offer when the form’s offer question is answered yes.

Attach a copy of the written offer of settlement.

CRITICALCivil cases

Applies to

Brief and memorandum of law

Briefs and memorandums must address the questions, pertinent materials, argument with authority, and precise relief sought; briefs must also include case history, the argument must be divided by question, and memorandums need not include case history.

(a) Briefs and Memorandums of Law shall be typewritten using a 12 pt font or greater, double spaced (except for quotations) on paper 8-1/2 inches by 11 inches in size, shall be bound at the top, not at the side, and shall contain: (1) A history of the case. (2) A statement of the question or questions involved. (3) A copy of, or reference to, the pertinent parts of any relevant document, report, recommendation, or order. (4) An argument with citation of the authority relied upon. (5) A short conclusion stating the precise relief sought. (b) The argument shall be divided into as many parts as there are questions involved (c) Memorandums of Law need not contain a history of the case.

CRITICALCivil cases

Applies to

Pleading

Pleadings, including petitions, answers, replies, and certain preliminary objections, must be signed and verified under Rules 3.12 and 3.13.

“Pleading” – a type of legal paper that must be signed and verified in accordance with Rules 3.12 and 3.13 and includes, but is not limited to, petitions, answers, replies, and certain preliminary objections;

CRITICALCivil cases

Applies to

Notice

If the Account and petition or statement are not sent with the notice, the notice must disclose the accountant’s compensation and attorneys’ fees and state that copies are available upon request.

if the Account and petition for adjudication/statement of proposed distribution is not sent with the notice pursuant to subparagraph (d) of this Rule, the notice shall state the amount of all compensation paid or payable to the accountant, all attorneys’ fees paid or payable, and that copies of the Account and petition for adjudication/statement of proposed distribution are available upon request; and

CRITICALCivil cases

Applies to

Status report

The required status report must cover discovery completion and expected completion, expert engagement and report-exchange timing, anticipated unusual legal questions with supporting authority, and settlement status.

All parties shall file with the court administrator on or before the 180th day from the filing of the complaint a status report showing: (1) (i) whether or not discovery has been completed; (ii) if discovery has not been completed, why discovery has not been completed; (iii) the date by which the party reasonably believes discovery will be complete; (iv) whether or not experts have been engaged; (v) if experts have been engaged whether or not the case can proceed in the manner proscribed in subparagraphs (4) and (5) of this rule and, if not, the date by which the parties reasonably believe the exchange of expert reports will be complete; (vi) what unusual questions of law are anticipated with respect to issues in the case supported with a statement of authority supporting the position taken with respect to such unusual questions of law; and (vii) the settlement status of the case.

CRITICALCivil cases

Applies to

Petition

The petition must state the minor's name, address, and age.

(2) the name, address and age of the minor;

CRITICALCivil cases

Applies to

Petition

The petition must disclose any adverse interest of the proposed guardian, including the specified roles in an estate in which the minor is interested.

(8) the nature of any interest of the proposed guardian adverse to that of the minor including, inter alia, a reference to any estate in which the minor is interested and in which the proposed guardian is a fiduciary or surety or employee of a fiduciary or surety therein;

CRITICALCivil cases

Applies to

Petition

The petition must state the need for appointing a guardian.

(4) the need for the appointment of a guardian;

CRITICALCivil cases

The listed settlement materials include the minor’s condition and approval of the proposed settlement and distribution.

mental condition of the minor, and (2) approval of the proposed settlement and distribution thereof;

CRITICALCivil cases

Applies to

Petition

If the non-sui-juris interested party is a minor without an appointed estate guardian, provide the minor’s age, parents’ names and addresses, and residence or facility.

(ii) if such individual is a minor and no guardian has been appointed for such minor’s estate, the minor’s age, the names and addresses of his or her parents, and the individual with whom he or she resides or the facility at which he or she resides; and

CRITICALCivil cases

Applies to

Petition

The petition must attach the trust instrument and specified written consents, including the Attorney General’s consent or acquiescence letter when applicable.

(b) Exhibits. The following shall be attached to the petition: (1) a copy of the trust instrument; (2) the proposed trustee’s written consent to the appointment; (3) the signed written consents of all interested parties who have not signed or joined in the petition, but who consent to the appointment of the proposed trustee; and (4) if issued, the consent or letter of acquiescence from the Office of the Attorney General if required under 20 Pa.C.S. § 7764(d)(2).

CRITICALCivil cases

Applies to

Petition for deputy constable appointment or revocation

A petition to approve or revoke a deputy constable appointment must state the specified statutory authority, identifying information, term dates, surety notice, appointee information, reasons, and security details or that no security is given.

Petitions for approval of the appointment or revocation of the appointment of deputy constables shall set forth the following facts: (a) The act of assembly authorizing the appointment. (b) Name and address of the petitioner. (c) The name of the municipality or district in which petitioner was elected. (d) The date of commencement and expiration of the term of office of the petitioner. (e) The name and full address of the surety on petitioner's bond and an averment that the surety has had notice of the petition, to be evidenced by the written joinder of the surety in the prayer of the petitioner. (f) The name and full address of the person to be appointed deputy constable, or whose appointment is to be revoked, and an averment that the person to be appointed is of good repute and has not been convicted of a felony or misdemeanor. (g) A full statement of the necessity, facts and reasons for making or revoking the appointment. (h) If any security of any kind is given or to be given by the petitioner or his surety, then the nature, character, and extent shall be fully set forth or, in lieu thereof, an averment that no security is being given.

CRITICALCivil cases

Applies to

Petition

For representation proposed under 20 Pa.C.S. § 751(6), the petition must provide the additional information specified in subparagraph (ii).

(ii) for representation being proposed pursuant to 20 Pa.C.S. § 751(6),

CRITICALCivil cases

Applies to

Proposed order

If before the close of discovery counsel agree on a schedule for disposition of the case which substantially meets the requirements contained in this rule, and submit the agreement to the court as a proposed order the court shall adopt the proposed order as an order of court or direct the parties to attend a case management conference.

If before the close of discovery counsel agree on a schedule for disposition of the case which substantially meets the requirements contained in this rule, and submit the agreement to the court as a proposed order the court shall adopt the proposed order as an order of court or direct the parties to attend a case management conference.

CRITICALCivil cases

Applies to

Petition

In the stated circumstances, the petition must say whether the petitioner knows of a written appointment of a guardian for the minor and, if so, identify the proposed guardian.

(5) if the petition is filed due to the death of the minor’s parent or legal guardian, or if the minor is to receive property under a will, deed or other written instrument conveying property whether the petitioner knows if the parent, legal guardian or decedent appointed a guardian for the minor in his or her will, deed or any other written instrument, and if so, the name of such proposed guardian;

CRITICALCivil cases

Applies to

Brief and memorandum of law

All briefs and memorandums of law must be filed with the prothonotary.

(f) All briefs and memorandums of law shall be filed with the prothonotary.

CRITICALCivil cases

Applies to

Appendix forms

The listed Appendix forms must be used exclusively for the specified notices, annual reports, and guardian inventory.

The following forms located in the Appendix shall be used exclusively: (a) Important Notice – Citation with Notice; (b) Annual Report of Guardian of the Estate; (c) Annual Report of Guardian of the Person; and (d) Guardian’s Inventory.

CRITICALCivil cases

Applies to

Transcript of testimony

The transcript of testimony taken before an auditor or master must be filed with the report.

The transcript of testimony taken before an auditor or master shall be filed with the report.

CRITICALCivil cases

Applies to

Local rule

If a court requires a cover sheet or checklist, it must promulgate Local Rule 1.8(c) specifying the requirements and the form.

A court that imposes such requirements must promulgate a local rule, numbered Local Rule 1.8(c), stating the requirements and setting forth the form of the cover sheet or checklist.

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections averring a fact not contained in the petition must have a notice to plead affixed to their first page.

and to the first page of preliminary objections which aver a fact that is not contained in the petition.

CRITICALCivil cases

Applies to

Mediator report

Must include

caption, case number

The mediator’s written report must include the caption and case number, mediation date, follow-up status, settlement status, and any stipulations the parties agree may be disclosed.

Within 5 days of the conclusion of the mediation, the mediator shall file a written report with the court that includes the caption and case number, the date of the mediation, whether any follow up is scheduled, whether the case settled in whole or in part, and any stipulations the parties agree may be disclosed.

CRITICALCivil cases

Applies to

Petition to adjudicate incapacity

A petition to adjudicate an individual as incapacitated must meet the requirements of 20 Pa.C.S. § 5511.

A petition to adjudicate [incapacity] an individual as an incapacitated person shall meet all requirements set forth at 20 Pa.C.S. § 5511.

CRITICALCivil cases

Applies to

Petition

A petitioner must attach exhibits, consents, or approvals required by the rules, applicable statutes, or local rules.

Petitioner shall attach to the petition such exhibits, consents or approvals as may be required by these Rules, applicable statute, or local rule.

CRITICALCivil cases

Applies to

Petition

A petition to appoint a guardian of the minor's estate must itemize the estate's assets, their location and approximate value, and any income.

(11) if the petition is for the appointment of a guardian of the estate of the minor, an itemization of the assets of such estate, their location, approximate value and income, if any;

CRITICALCivil cases

Applies to

Written report

In the stated circumstances, the accountant or counsel must submit a written report to the court or auditor outlining the investigation and relevant facts.

(b) Whenever the existence, identity or whereabouts of a distributee is unknown, or it appears that a distributee may not have the actual benefit, use, enjoyment or control of the money or other property if awarded to him or her, or the court is requested to withhold distribution or to make an award other than to the distributee or his or her nominee, the accountant or his or her counsel shall submit to the court or auditor, as the case may be, a written report outlining the investigation made and the facts relevant

CRITICALCivil cases

Applies to

Account

Unless the court orders otherwise in a particular matter, Accounts must be prepared and filed with the clerk using the Model Accounts form or a later form adopted by the Supreme Court.

(a) Except where otherwise provided by an order of the court in a particular matter, Accounts shall be prepared and filed with the clerk in conformity with the form of the Model Accounts set forth in the Appendix or in conformity with any other form adopted by the Supreme Court subsequent to the date of adoption of these Rules.

CRITICALCivil cases

Applies to

Notice of estate administration

The personal representative or counsel must send Supreme Court-approved estate-administration notice within three months after letters are granted to the specified beneficiaries and other listed recipients.

Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative’s counsel shall send a written notice of estate administration in the form approved by the Supreme Court to: (1) every person, corporation, association, entity or other party named in decedent’s will as an outright beneficiary whether individually or as a class member; (2) the decedent’s spouse and children, whether or not they are named in, or have an interest under, the will; (3) where there is an intestacy in whole or in part, to every person entitled to inherit as an intestate heir under Chapter 21 of Title 20; (4) the appointed guardian of the estate, parent or legal custodian of any beneficiary who is a minor; (5) the appointed guardian of the estate or, in the absence of such appointment, the institution or person with custody of any beneficiary who is an adjudicated incapacitated person; (6) the Attorney General on behalf of any charitable beneficiary (i) which is a residuary beneficiary, including as a beneficiary of a residuary testamentary trust; (ii) whose legacy exceeds $25,000; or (iii) whose interest in a legacy will not be paid in full; (7) the Attorney General on behalf of any governmental beneficiary; (8) the trustee of any trust which is a beneficiary; and (9) such other persons and in such manner as may be required by local rule.

CRITICALCivil cases

Applies to

Arbitration hearing notice

The hearing notice must use the prescribed Arbitration Hearing Notice form set forth in Rule 1303.2.

The notice required to be given of the hearing pursuant to Pa.R.C.P. No. 1303(a)(1) shall be as follows:

CRITICALCivil cases

Applies to

Pleading verification

A pleading’s verification must ordinarily be made by a filing party; under the stated exceptions, another sufficiently informed person may verify it and must state the information source and why no party verified it.

The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person’s information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party.

CRITICALCivil cases

Applies to

Responsive pleading

A responsive pleading must be signed by counsel or, if the respondents are unrepresented, by all respondents in accordance with Rule 3.12.

A responsive pleading shall be signed by counsel, or if not represented by counsel, then by all the respondents in accordance with Rule 3.12.

CRITICALCivil cases

The settlement materials must include counsel’s opinion on the reasonableness of the proposed settlement and the basis for that opinion.

(v) A statement of the professional opinion of counsel as to the reasonableness of the proposed settlement and the basis for such opinion; and,

CRITICALCivil cases

Applies to

Entry of appearance

Counsel appearing before the court or Register must enter a written appearance using one of the specified methods.

(a) Appearance. Any counsel appearing before the court or the Register shall enter a written appearance by any one of the following means: (1) filing an entry of appearance with the clerk or the Register; (2) signing a legal paper that is filed with the clerk or the Register; or (3) as prescribed by local rule, which may include submitting an appearance slip to the court, entering counsel’s information when a legal paper is filed, or signing a cover sheet.

CRITICALCivil cases

Applies to

Order under Pa.R.C.P. No. 1066(b)(1)

An order entered under Pa.R.C.P. No. 1066(b)(1) must include a description of the property.

Any order entered under Pa.R.C.P. No. 1066(b)(1) shall include a description of the property.

CRITICALCivil cases

Applies to

Praecipe to list for trial

To list a case for trial by praecipe, the listing party must file a praecipe substantially conforming to the provided form and include the specified certification.

(1) File a Praecipe to List for Trial that shall substantially conform to the form shown below and serve the praecipe on all other parties and if they be represented by counsel on their counsel. The praecipe shall contain a certification by the listing party or counsel that: the pleadings are closed; there are no outstanding motions; all pretrial discovery is completed; if a jury trial has or has not been demanded; an estimate of time required for the trial; all counsel of record and self represented litigants agree that the matter is presently ready for trial and that they do not object to its listing.

CRITICALCivil cases

Applies to

Account

Unless the court orders otherwise in a particular matter, principal and income must be accounted for separately in the Account.

(2) Except where otherwise provided by an order of the court in a particular matter, principal and income shall be accounted for separately within the Account.

CRITICALCivil cases

Applies to

Pleading

Every pleading must be verified, with facts and denials stated on the specified bases; verification may rely on different bases for different parts, and need not state the information source or ability to prove the statement at trial.

Every pleading shall be verified, averring as true every fact not appearing of record in the action or containing a denial of fact based upon the signer’s personal knowledge or information and belief. A pleading may be verified upon personal knowledge as to a part and upon information and belief as to the remainder. The signer need not aver the source of the information or expectation of ability to prove the averment or denial at the trial.

CRITICALCivil cases

Applies to

Petition

Attach a copy of the decedent's will, deed, or other written instrument referenced in subparagraph (a)(5) that appoints a guardian.

(3) a copy of decedent’s will, deed, or other written instrument referenced in subparagraph (a)(5) of this Rule that appoints a guardian.

CRITICALCivil cases

Applies to

Auditor report

The auditor must file the completed report with the prothonotary.

The auditor shall file his completed report with the prothonotary

CRITICALCivil cases

Applies to

Petition

A petition must state the questions of law concerning the petition and the relief requested.

(3) the questions of law with respect to the petition and the relief requested;

CRITICALCivil cases

Applies to

Notice

When applicable, the notice must state the accountant’s position on each known dispute or interpretation question and include the relevant instrument or material portions.

the accountant’s position on any known dispute or interpretation question, together with a copy of any instrument or material parts thereof containing any provision which forms the basis of the dispute or question;

CRITICALCivil cases

Applies to

Written stipulation

Except in actions to which a minor or an incompetent is a party and in actions for wrongful death in which a minor or incompetent has an interest, verdicts and nonsuits, and judgments by agreement may be entered at any time but only upon written stipulation signed by the parties or by their counsel of record and filed in the case.

Except in actions to which a minor or an incompetent is a party and in actions for wrongful death in which a minor or incompetent has an interest, verdicts and nonsuits, and judgments by agreement may be entered at any time but only upon written stipulation signed by the parties or by their counsel of record and filed in the case.

CRITICALCivil cases

Applies to

Petition

For representation proposed under 20 Pa.C.S. § 751(6), the petition must include one of the listed statements in subparagraph (B).

(B) one of the following:

CRITICALCivil cases

Applies to

Account

Every Account must include signature and verification pages signed by all accountants and verified by at least one; a personal representative’s verification must include the specified statement about the Grant of Letters and its first complete advertisement, unless the court directed an earlier filing.

(iv) signature and verification pages signed by all the accountants stating the Account and verified by at least one of the accountants. The verification of a personal representative’s Account shall contain a statement that the Grant of Letters and the first complete advertisement thereof occurred more than four months before the filing of the Account, unless the personal representative has been directed by the court to file an Account prior to that time.

CRITICALCivil cases

Applies to

Motion

A written motion must be signed, need not be verified, may not plead facts outside the record, and does not require the court to obtain jurisdiction over an Interested Party.

“Motion” – if in writing, a legal paper that must be signed, but does not need to be verified, does not plead any facts not of record, and does not require the court to obtain jurisdiction over an Interested Party;

CRITICALCivil cases

Applies to

Certification

The filing with the Register must be a certification that notice was given as required by Rule 10.5.

Within ten (10) days after giving the notice required by paragraph (a) of this Rule, the personal representative or the personal representative’s counsel shall file with the Register a certification that notice has been given as required by this Rule.

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

The petition must include the specified representation and conflict statements and either the statement about the proposed representative’s right to decline or the representative’s signed consent as an exhibit.

(i) an explanation about how the interested party’s interest in the property can be adequately represented by the proposed representative pursuant to 20 Pa.C.S. § 7723, (ii) a statement that with respect to the matter at issue there is no conflict of interest between the proposed representative and the interested party to be represented that will or might affect the impartiality of the proposed representative (except as provided pursuant to 20 Pa.C.S. § 7723(7)); and (iii) one of the following: (A) either a statement that the proposed representative has been informed of the right to decline such representation pursuant to 20 Pa.C.S. § 7725 within the time period set forth therein and has failed to inform the trustee in writing that he or she declines to be the proposed representative; or (B) that the proposed representative’s signed consent to serve is attached as an exhibit to the petition for adjudication/statement of proposed distribution.

CRITICALCivil cases

Applies to

Pleading

If a claim or defense is based on an agreement, the pleading must state specifically whether it is oral or written.

(i) When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written.

CRITICALCivil cases

Applies to

Petition

For representation proposed under 20 Pa.C.S. § 751(6), the petition must state that the interested party is not sui juris or is unborn, unknown, or unascertained.

(A) a statement that the interested party is not sui juris or is unborn, unknown or unascertained; and

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

Only the statewide form petitions may be used to adjudicate an Account; local courts and clerks must accept those forms and may not allow other forms previously permitted by local rule.

These form petitions for adjudication/statements of proposed distribution are the exclusive forms for adjudicating an Account, and consequently, the local court and clerk must accept these statewide forms and may not accept or allow any other forms previously permitted under local rules.

CRITICALCivil cases

Applies to

Petition

For a non-sui-juris interested party, provide the name and address of any guardian, power-of-attorney agent, or other proposed representative.

(i) the name and address of the guardian, agent under power of attorney, or another individual being proposed to represent such individual, if any;

CRITICALCivil cases

Applies to

Petition

A petition for private sale or exchange of real property, or for an option, must include the public-sale petition information and the proposed purchaser's details and transaction terms, including that the consideration exceeds what a public sale could obtain.

(a) Contents of Petition. In addition to the requirements provided by the Rules in Chapter III, a petition for the private sale or exchange of real property, or for the grant of an option for any such sale or exchange shall set forth the following: (1) the information required in a petition for the public sale of real property under Rule 5.10(a); and (2) the name and address of the proposed purchaser and the terms of the proposed sale, exchange or option, the consideration therefor, and that this consideration is more than can be obtained at public sale.

CRITICALCivil cases

Applies to

Petition

A petition for public sale of real property must state the reason for the petition, describe the property's size and location, and identify its liens and charges.

In addition to the requirements provided by the Rules in Chapter III, a petition for the public sale of real property shall set forth the reason for filing the petition, a description, stating the size and location of the property to be sold, and the liens and charges to which it is subject.

CRITICALCivil cases

Applies to

Completed administration report

Upon completion of the administration of an estate, the personal representative or his, her or its counsel shall file with the Register a report showing:

Upon completion of the administration of an estate, the personal representative or his, her or its counsel shall file with the Register a report showing:

CRITICAL

Applies to

Exhibit

An exhibit containing confidential information or equivalent information must include a Confidential Document Form for sealing by the record office.

(c) Any exhibit containing confidential information or equivalent to any of the categories enumerated in Pa. Access Policy § 8.0 shall include a Confidential Document Form so that the document can be properly sealed by the record office.

CRITICALCivil cases

Applies to

Petition for adjudication statement of proposed distribution

At least one accountant stating the Account must sign and verify the petition in accordance with Rules 3.12 and 3.13.

At least one of the accountants stating the Account shall sign and verify the petition for adjudication/statement of proposed distribution in accordance with Rules 3.12 and 3.13.

CRITICALCivil cases

Applies to

Nonjury trial stipulation

After a jury demand has been filed, parties electing a non-jury trial must enter and file the specified stipulation.

Parties who elect to have their case tried without a jury after demand for jury trial has been filed shall enter into and file the following stipulation: “The undersigned parties in the above captioned case hereby agree that it shall be tried by a Judge without a jury in accordance with Pa.R.C.P. No. 1038.”

CRITICALCivil cases

Applies to

Petition for appointment of guardian ad litem or trustee ad litem

A petition seeking appointment of a guardian ad litem or trustee ad litem must state the specified information about the individual, their relationships and interests, the instrument creating those interests, the need for representation, and the proceeding.

(c) Contents of Petition. The request for the appointment of guardian ad litem and trustee ad litem may be made in one petition. In addition to the requirements provided by the Rules in Chapter III, the petition shall set forth the following: (1) the name, age and address of the minor or person believed to be incapacitated under the provisions of Chapter 55 of Title 20, but for whom no guardian of the estate is known to have been appointed; (2) the relationship, if any, of such non-sui juris individual to any interested party and to the decedent or settlor; (3) the interest of such non-sui juris individual in the property or in the matter at issue; (4) the provisions of any instrument creating such interests; (5) the necessity for such interests to be represented by a guardian ad litem or a trustee ad litem; and (6) the proceeding in which such non-sui juris individual is to be represented.

CRITICALCivil cases

Applies to

Petition

A petition to mortgage or lease real property must include, as far as practicable, the information required for a public-sale petition and the proposed mortgagee's or lessee's name and transaction terms.

In addition to the requirements provided by the Rules in Chapter III, a petition to mortgage or lease real property shall set forth the following: (a) the information required in a petition for the public sale of real property under Rule 5.10(a), as far as practicable; and (b) the name of the proposed mortgagee or lessee and the terms of the proposed mortgage or lease.

CRITICALCivil cases

Applies to

Motion

In an action involving title to, interest in, or possession of real property: (i) that he/she has caused to be examined the records in the offices of the Register and Recorder to ascertain the date of death of the defendant, whether he or she died testate or intestate, the names and addresses of all the defendant's heirs, legatees or devises, and whether or not there has been any adverse conveyance of the real estate that is the subject of the suit. (ii) that in the case of a corporation that has been dissolved, he/she has caused the records in the offices of the Register and Recorder to be examined to ascertain whether or not there has been adverse conveyance or distribution of the real estate that is the subject of the suit.

In an action involving title to, interest in, or possession of real property: (i) that he/she has caused to be examined the records in the offices of the Register and Recorder to ascertain the date of death of the defendant, whether he or she died testate or intestate, the names and addresses of all the defendant's heirs, legatees or devises, and whether or not there has been any adverse conveyance of the real estate that is the subject of the suit. (ii) that in the case of a corporation that has been dissolved, he/she has caused the records in the offices of the Register and Recorder to be examined to ascertain whether or not there has been adverse conveyance or distribution of the real estate that is the subject of the suit.

CRITICALCivil cases

Applies to

Proposed local rule

All proposed local rules and proposed amendments to local rules shall be submitted in writing to the Supreme Court Orphans’ Court Procedural Rules Committee (“Committee”) for review in advance of becoming effective. The submitting court shall not adopt the proposed local rule or proposed amendment to the local rule until the submitting court receives written notification from the Committee that the proposed local rule or the proposed amendment to the local rule is not inconsistent with these Rules.

All proposed local rules and proposed amendments to local rules shall be submitted in writing to the Supreme Court Orphans’ Court Procedural Rules Committee (“Committee”) for review in advance of becoming effective. The submitting court shall not adopt the proposed local rule or proposed amendment to the local rule until the submitting court receives written notification from the Committee that the proposed local rule or the proposed amendment to the local rule is not inconsistent with these Rules.

CRITICALCivil cases

Applies to

Petition

When an initial or successor trustee is appointed under a trust instrument or by unanimous agreement of all qualified beneficiaries under 20 Pa.C.S. § 7764, the confirmation petition must conform to Chapter III, state the reason for filing, and provide the pertinent trust-instrument provisions.

(a) Contents of Petition. Where an initial or successor trustee is appointed pursuant to a trust instrument or by the unanimous agreement of all qualified beneficiaries (as defined in 20 Pa.C.S. § 7703) pursuant to 20 Pa.C.S. § 7764, a petition for the court to confirm such appointment shall conform to the requirements provided by the Rules in Chapter III and shall set forth the following: (1) the reason for filing the petition; and (2) the pertinent provisions of the instrument creating the trust and providing for the appointment of the trustee.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Each motion for judgment on the pleadings must be accompanied by a supporting brief or memorandum of law filed at the same time.

All Motions for Judgment on the Pleadings shall be supported by a brief or memorandum of law filed contemporaneously with the motion.

CRITICALCivil cases

Applies to

Account

Every Account must contain a cover page.

(i) a cover page;

CRITICALCivil cases

Applies to

Petition

The petition must be supported by affidavits from at least two competent persons addressing the required inspection, lack of personal interest, knowledge of local real-estate values, and opinion of value; exchange affidavits must also address the value of the property to be received.

(b) Exhibits. The petition shall be supported by the affidavits of at least two competent persons setting forth that they have inspected the real property to be sold, exchanged or optioned, that they are not personally interested in the proposed sale, exchange or option, that they are acquainted with the value of real estate in the area, that in their opinion the proposed consideration is more than can be obtained at public sale, and in the case of an exchange, that they are acquainted with the value of real estate in the locality of the property to be received.

CRITICALCivil cases

Applies to

Petition

A separate petition must be filed for each minor for whom appointment of a guardian is requested.

Separate petitions for each minor must be filed requesting the appointment of a guardian of the estate or person of each such minor.

CRITICALCivil cases

Applies to

Petition

A proposed decree bearing the case caption and requested relief must be attached to the front of the petition.

A proposed form of decree bearing the caption of the case and setting forth the relief requested in the prayer of the petition shall be attached to the front of the petition.

CRITICALCivil cases

Applies to

Petition

When personal jurisdiction has not already been obtained or a statute otherwise requires a citation, the petition must include a preliminary decree issuing the citation to the interested parties who must show cause.

When personal jurisdiction is required and has not previously been obtained or conferred by statute, or when a citation is otherwise required by statute, the petition shall include a preliminary decree for the issuance of a citation to those interested parties for whom a citation is necessary to show cause why the relief requested in the petition should not be granted.

CRITICALCivil cases

Applies to

Receipts

Duplicate receipts must be given for money paid in a distribution, with one filed in the case and the other on the original lien docket.

Duplicate receipts shall be given for all moneys paid in pursuance of such distribution, one of which shall be filed in the case and the other upon the original lien docket.

CRITICALCivil cases

Applies to

Petition

If the minor is a veteran's child and is entitled to insurance or another gratuity from the Veterans' Administration or successor, the petition must state that notice was given to that agency.

(13) that notice has been given to the United States Veterans’ Administration or its successor, if the minor is the child of a veteran and insurance or other gratuity is payable to him or her by the United States Veterans’ Administration, or its successor.

CRITICALCivil cases

Applies to

Petition

The petition must have the proposed guardian's written consent to the appointment attached.

(1) the proposed guardian’s written consent to the appointment;

CRITICALCivil cases

Applies to

Account

Assets held by the accountant on the Account’s closing date must be separately itemized.

(3) Assets held by the accountant on the closing date of the Account shall be separately itemized.

CRITICALCivil cases

Applies to

Application and unsworn verification

An application by a minor and its separate unsworn verification must be prepared and filed in substantial conformity with Supreme Court-approved forms.

The form of application by a minor and form of separate unsworn verification shall be prepared and filed in substantial conformity with the forms approved by the Supreme Court.

CRITICALCivil cases

Applies to

Responsive pleading

Each responsive pleading must contain a heading identifying the pleading to which it responds.

All responsive pleadings shall contain a heading identifying the name of the pleading to which it is responding.

CRITICALCivil cases

Applies to

Praecipe to list for trial

The praecipe to list for trial calls for certifications about case readiness, trial-demand status, estimated trial length, and agreement to listing.

As listing counsel, pursuant to Rule 308, I hereby certify: 1. The pleadings are closed. 2. There are no outstanding motions. 3. All discovery is completed. 4. A jury trial ___ has ___has not been demanded. 5. Preliminary estimate of time required for trial. ___ days ___ hours ___ minutes 5. All counsel of record and unrepresented parties have been contacted and agree that this matter is presently ready for trial and that they do not object to its listing.

CRITICALCivil cases

Applies to

Pleading

Attach the writing or its material part when a claim or defense is based on it; if it is inaccessible, state why and set out its substance.

(j) When any claim or defense is based upon a writing, the pleading shall have attached to it a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, identifying the reason therefor, and setting forth the substance of the writing.

CRITICALCivil cases

Applies to

Pleading

Plead fraud or mistake with particularity; malice, intent, knowledge, and other conditions of mind may be pleaded generally.

(c) Averments of fraud or mistake shall be averred with particularity. Malice, intent, knowledge, and other conditions of mind may be averred generally.

CRITICALCivil cases

Applies to

Pleading

Conditions precedent may be pleaded generally as performed or occurred, but a denial must be specific and particular.

(d) In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of such performance or occurrence shall be made specifically and with particularity.

CRITICALCivil cases

Applies to

Petition

The petition’s first page must include a notice to plead substantially in the prescribed form.

The petition shall have affixed to its first page a notice to plead that shall be substantially in the following form: To: _____________________ You are hereby notified to file a written response to the (name of pleading) within twenty (20) days from the date of notice or on or before the date when the pleading is to be filed, whichever is later, or the court may deem that you have no objection to the relief requested therein and may grant such relief without further notice to you.

CRITICALCivil cases

Applies to

Notice

The notice must include the specified information about charitable interests, unresolved claims, fiduciaries, and counsel.

(7) if the charitable interest is a present interest, a description and the approximate market value of that interest; (8) if the charitable interest is a future interest and the estimated present value of the charity’s future interest in the property exceeds $25,000, a brief description thereof including the conditions precedent to its vesting in enjoyment and possession, the names and ages of persons known to have interests preceding such charitable interest, and the approximate market value of the property involved; (9) a description of any unresolved claim and any material question of interpretation or distribution likely to be submitted for adjudication which may affect the value of the charitable interest; (10) the names and addresses of all fiduciaries; (11) the name and address of counsel for each fiduciary; (12) the name and address of counsel for any charity who has received notice or has appeared for the charity and the name of the charity which counsel represents;

CRITICALCivil cases

Applies to

Decree

A decree appointing a guardian ad litem or trustee ad litem must specify the period or proceeding for which the appointee will act.

(d) A decree appointing a guardian ad litem or trustee ad litem shall specify the period or proceeding during which the guardian ad litem or trustee ad litem shall act as such.

CRITICALCivil cases

Applies to

Petition

Must include

certificate of service

(2) A certificate of service, listing the names and addresses of those individuals and entities receiving notice of the filing of the petition, shall be appended to, or filed contemporaneously with, the petition.

(2) A certificate of service, listing the names and addresses of those individuals and entities receiving notice of the filing of the petition, shall be appended to, or filed contemporaneously with, the petition.

CRITICALCivil cases

Applies to

Pleading

Plead averments of time and place specifically.

(g) Averments of time and place shall be specifically stated.

CRITICALCivil cases

Applies to

Account

All Accounts must be filed with the clerk.

All Accounts shall be filed with the clerk.

CRITICAL

The first custodian must pass the exhibits and index to each subsequent custodian, and the final custodian must file them with the appropriate records office.

(c) If multiple custodians are involved with a proceeding, the first custodian shall provide the subsequent custodian (and so on, if more than two custodians) with the submitted exhibits and index of exhibits. The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within 5 business days of the conclusion of the proceeding.

WARNINGCivil cases

Applies to

Legal paper

A court may require a legal paper to include a cover sheet or checklist.

(c) A court may require a legal paper to be accompanied by a cover sheet or checklist.

WARNINGCivil cases

Applies to

Financial information

The court may require more or less financial information as appropriate, including information about incorporation, trustees or directors, purpose, and governing documents.

(2) The court may require more or less financial information as it deems appropriate, including some or all of the following: (i) the statute or other authority under which the corporation or company was incorporated and the date of its incorporation; (ii) the names and addresses of the trustees or directors of the corporation or company; (iii) a concise statement of the general purpose of the corporation or company; and (iv) a copy of the corporation’s or company’s charter or articles of incorporation and bylaws.

WARNINGCivil cases

Applies to

Financial information

The court may require an eligible corporation or company to submit its financial information in a different form or for a longer period.

(1) The court may require the corporation or company to submit its financial information in some other form or for some longer period.

WARNINGCivil cases

Applies to

Petition for discharge

Certain personal representatives and guardians may annex an Account to a discharge petition instead of filing and advertising it, with specified information and a proposed distribution of any remaining balance.

(b) Account Annexed. In lieu of filing and advertising an Account, a personal representative who is distributing an estate under the provisions of 20 Pa.C.S. § 3531, or the guardian of the estate of a minor who has attained majority and whose gross estate does not exceed the statutory limitation of an administration without appointment of a guardian, may annex an Account to the petition for discharge with the information required above, modified to indicate any previous distribution, and suggesting the proper distribution of any balance on hand.

WARNINGCivil cases

Applies to

Pleading

As far as practicable, each pleading paragraph should contain only one material allegation.

Each paragraph shall contain as far as practicable only one material allegation.

WARNINGCivil cases

The court may require relevant persons to appear and require evidence it deems necessary to approve the petition.

The court, may in its discretion , require the personal appearance of the minor, his or her guardian(s), his or her doctor, or any other relevant party, as well as the production of any evidence deemed necessary for approval of the Petition.

WARNINGCivil cases

Cover sheets or checklists may be required by local rule as permitted by Rule 1.8(c).

Cover sheets or checklists may be required by local rule as permitted by Rule 1.8(c).

WARNINGCivil cases

Applies to

Complicated motion

A complicated motion, such as summary judgment, should have a supporting brief or memorandum fully discussing the facts and applicable law.

Consequently, a complicated motion, such as a motion for summary judgment, should be supported by a brief or memorandum of law which fully discusses the facts and the applicable law. See Pa.R.C.P. No. 210 and Rule L210 for the form of briefs or memorandums of law.

WARNINGCivil cases

Applies to

Form of citation

If appropriate, the Register may issue a citation and may require a party to prepare its form.

The Register may issue a citation if appropriate and may require a party to prepare the form of citation.

WARNINGCivil cases

Applies to

Memoranda and or proposed findings of fact and conclusions of law

The Register may require parties to submit memoranda, proposed findings of fact and conclusions of law, or both.

The Register may require parties to submit memoranda and/or proposed findings of fact and conclusions of law.

WARNINGCivil cases

Applies to

Brief

Briefs and memoranda must not refer to the appendix.

Do not make reference to the appendix in your brief or memorandum of law.

WARNINGCivil cases

Applies to

Preliminary objections

For the specified preliminary objections, omitting the required notice to plead means no reply is required and the objections will be overruled.

Preliminary objections raising an issue under subparagraphs (b)(5) and (b)(6), and in some instances (b)(1), cannot be determined from the facts of record. In such situations, if the preliminary objections are not endorsed with a notice to plead in the form required by Rule 3.5(b)(1), no reply will be required under Rule 3.10, and the preliminary objections will be overruled.

WARNINGCivil cases

Applies to

Responsive pleading

Averments requiring a response are admitted if not specifically or implicitly denied, and a general denial or demand for proof generally has the effect of an admission.

Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subparagraph (c) of this Rule, shall have the effect of an admission.

WARNINGCivil cases

Applies to

Responding party brief

A responding party’s brief need contain only the argument and conclusion, though the responding party may add a counter history.

(d) The brief of the responding party need only contain the argument and conclusion, but the responding party may add a counter history of the case.

WARNINGCivil cases

Applies to

Attorney written appearance

Although the Pennsylvania Rules of Civil Procedure do not require it, attorneys are advised to follow the county custom of entering a written appearance because notices may otherwise go to their clients.

While the Pennsylvania Rules of Civil Procedure do not require an attorney to enter a written appearance, please be advised that it is the custom and practice in McKean County that an attorney do so and that failure to do so may result in notices of scheduled events being sent to your clients instead of you.

WARNINGCivil cases

The court, may in its discretion , require the personal appearance of the incompetent person, his or her guardian, his or her doctor, or any other relevant party, as well as the production of any evidence deemed necessary for approval of the Petition.

The court, may in its discretion , require the personal appearance of the incompetent person, his or her guardian, his or her doctor, or any other relevant party, as well as the production of any evidence deemed necessary for approval of the Petition.

WARNINGCivil cases

Applies to

Pleading

A pleading may aver a covered domestic or foreign judgment, order, or decision without stating facts showing jurisdiction to render it.

(f) In pleading a judgment, order or decision of a domestic or foreign court, judicial or administrative tribunal, or board, commission or officer, it is sufficient to aver the judgment, order or decision without setting forth matter showing jurisdiction to render it.

WARNINGCivil cases

Applies to

Appearance

An attorney appearing for a party at a proceeding without a written appearance or filed pleading is deemed to have entered a general appearance unless the attorney informs the court otherwise when the proceeding begins.

Further, if you have not entered a written appearance or have not filed a pleading and appear on behalf of any party in any proceeding the court will deem that you have entered your appearance generally in the case unless you inform the court otherwise at the commencement of the proceeding.

WARNINGCivil cases

Applies to

Praecipe for arbitration

A Praecipe for Arbitration must include, to the extent possible, an estimate of the time anticipated for the hearing.

that shall include, to the extent possible, an estimate of the number of hours, or portion thereof, anticipated to be needed for the hearing

WARNINGCivil cases

Applies to

Motion

A party's motion to refer an eligible case to mediation must include a certification that the party believes settlement is realistically possible; referral may also follow all parties' stipulation or the court's initiative.

Appropriate civil cases including medical professional liability actions that have progressed beyond the exchange of expert reports and family law cases that include among other claims a claim for custody may be referred to mediation by order of the court, on the motion of any party which shall include a certification that it believes there is a realistic possibility of settlement, following a stipulation by all parties, or on the court’s initiative.

WARNINGCivil cases

Applies to

Pleading

An official document or act may be pleaded by reference with an averment that it was issued or done in compliance with law.

(e) In pleading an official document or official act, it is sufficient to identify it by reference and aver that the document was issued or the act done in compliance with law.

WARNINGCivil cases

Applies to

Cover sheet

The following are a list of case types that should be used when completing the Rule 205.5 Cover Sheet where not identified. TORT: Assault, Wrongful Death/Survival, Minor’s or Incapacitated Person’s Compromise CONTRACT: Mechanic’s Lien, Insurance, Negotiable Instrument, Warranty CIVIL APPEALS: Award of Viewers, Local Agency, Board of Elections MISCELLANEEOUS: Equitable Relief (Injunction), Labor Dispute, Confirm/Vacate Arbitration Award and any other case not specifically addressed in this rule.

The following are a list of case types that should be used when completing the Rule 205.5 Cover Sheet where not identified. TORT: Assault, Wrongful Death/Survival, Minor’s or Incapacitated Person’s Compromise CONTRACT: Mechanic’s Lien, Insurance, Negotiable Instrument, Warranty CIVIL APPEALS: Award of Viewers, Local Agency, Board of Elections MISCELLANEEOUS: Equitable Relief (Injunction), Labor Dispute, Confirm/Vacate Arbitration Award and any other case not specifically addressed in this rule.

INFOCivil cases

Applies to

Routine or uncomplicated motion

For routine or uncomplicated motions, supporting facts or authority may appear in the motion or a cover letter, with a citation establishing entitlement to relief and the court’s authority to grant it.

A routine motion or a motion presenting uncomplicated issues may be supported by a recitation of fact or authority in the motion itself or in a cover letter. In those situations, all that is required is a citation to the appropriate rule, statute or case law which establishes that the movant is entitled to the relief requested and that the court has the power to grant it.

INFOCivil cases

Applies to

Petition for appointment of guardian ad litem or trustee ad litem

A request to appoint a guardian ad litem and a trustee ad litem may be included in a single petition.

The request for the appointment of guardian ad litem and trustee ad litem may be made in one petition.

INFOCivil cases

Applies to

Pleading

Averments for which no responsive pleading is required are deemed denied.

Averments in a pleading to which no responsive pleading is required shall be deemed to be denied.

INFOCivil cases

Applies to

Citation or notice to plead

A citation or notice to plead is not required if all identified interested parties or their representatives are petitioners, have filed joinders, or have signed and attached a consent or no-objection document.

No citation or notice to plead is required where all individuals and/or entities identified in the petition as interested parties (or any representative thereof) satisfy one of the following: (1) they are named petitioners in the petition; (2) they filed joinders to the petition; or (3) they signed a document, that is attached to the petition as an exhibit, consenting to or stating that they have no objection to the relief requested in the petition.

INFOCivil cases

Applies to

Answer

A party may plead as new matter other material facts that are not merely denials of the preceding pleading’s averments.

A party may set forth as new matter any other material facts that are not merely denials of the averments of the preceding pleading.

INFOCivil cases

Applies to

Responsive pleading

A party’s statement, made after reasonable investigation, that it lacks sufficient knowledge or information to form a belief about an averment has the effect of a denial.

A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial.

INFOCivil cases

Applies to

Brief

Counsel are requested to include a separate appendix with clean copies of relied-on sources from outside Pennsylvania or sources the court cannot conveniently access.

Counsel are requested to include with their brief or memorandum of law a separate appendix that contains a clean copy of any source material that the court is being asked to rely on in making its decision that comes from a jurisdiction other than Pennsylvania (cases, rulings, etc.) or to which the court does not have convenient access (treatises, law review articles, etc.)

INFOCivil cases

Applies to

First pleading

An attorney’s first pleading filed for a party constitutes the attorney’s entry of appearance for that party.

Notwithstanding, the first pleading filed by an attorney on behalf of a party shall constitute the attorney’s entry of appearance for that party.

INFOCivil cases

Applies to

Agreement of reference

A case not at issue may be submitted to arbitration, whether or not suit has been filed, by an agreement of reference signed by all parties or their counsel.

Cases which are not at issue, and whether or not suit has been filed, may be submitted to a Board of Arbitration by agreement of reference signed by all parties or their counsel.

INFOCivil cases

Applies to

Motion

A clean copy of supporting cases may be attached to the motion.

A clean copy of the case or cases that clearly support the proposition and which the court is being asked to rely on in making its decision may be attached to the motion itself.

INFOCivil cases

Applies to

Pleading

A party may incorporate specified parts of pleadings and certain county-held court or public records by reference.

(h) Any part of a pleading may be incorporated by reference in another part of the same pleading or in another pleading in the same action. A party may incorporate by reference any matter of record in any state or federal court of record whose records are within the county in which the action is pending, or any matter which is recorded or transcribed verbatim in the office of the prothonotary, clerk of any court of record, recorder of deeds or Register of such county.

INFOCivil cases

Applies to

Spouse intestate share petition

At the surviving spouse's request, the court may award specific real estate in satisfaction of or on account of the statutory intestate share without the procedures in subsections (a) and (b) if all interested parties agree in writing to entitlement and valuation.

(c) Award by Consent. The court may, at the request of the surviving spouse, award specific real estate in satisfaction of, or on account of, the spouse’s statutory intestate share without compliance with the procedure outlined in subparagraphs (a) and (b) of this Rule if all interested parties agree in writing that the surviving spouse is entitled to the statutory share and to the valuation at which such real estate is to be awarded.

INFOCivil cases

Applies to

Brief

Briefs or memoranda should be proportionate to the complexity of the issue, and simple or routine issues do not call for full-length briefs.

It is not the intention of this rule to require ''full blown'' briefs on simple or routine issues. The extent of briefs or memorandums of law submitted in support of the pleading should be in proportion to the complexity of the issue which the pleading raises.

INFOCivil cases

Applies to

Family exemption petition

At the petitioner's request, the court may award specific real estate in satisfaction of or on account of a family exemption without the procedures in subsections (a) and (b) if all interested parties agree in writing to entitlement and valuation.

(c) Award by Consent. The court may, at the request of the petitioner, award in distribution specific real estate included in the Account in satisfaction of, or on account of, the family exemption without compliance with the procedure outlined in subparagraphs (a) and (b) of this Rule if all interested parties agree in writing that the petitioner is entitled to the family exemption and to the valuation at which such real estate is to be awarded.

INFOCivil cases

Applies to

Petition

Matters may be raised before the court by written petition filed with the clerk in conformity with these Rules.

Matters may be raised before the court by written petition filed with the clerk in conformity with these Rules.

INFOCivil cases

Applies to

Arbitration stipulation

A case that is not arbitrable under the rule may nevertheless be submitted to arbitration by stipulation of all parties or their counsel.

Any case not arbitrable under this rule may be submitted to arbitration according to the procedure herein provided, by stipulations of all parties thereto or their counsel.