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

CRITICALCivil cases

Applies to

Supplemental witness or plan disclosure

If reasonable diligence reveals a need for a witness or plan after the pre-trial conference, the party must promptly file the specified information or plan and serve opposing counsel.

(g) If a party, in the exercise of reasonable diligence, first becomes aware of the necessity or the desirability of using a witness or a plan or plot subsequent to the pre-trial conference, that party shall forthwith file the name, address and classification of the witness or a copy of the plan or plot with the court and serve a copy upon opposing counsel.

CRITICALCivil cases

Applies to

Schedule of distribution

Real property must be described as in the last deed of record or another proper manner and must include information pertinent to the derivation of title.

Real property shall be described in the manner appearing in the last deed of record, or in some other proper manner, and in addition, shall include information pertinent to the derivation of title.

CRITICALCivil cases

Applies to

Praecipe

A praecipe must identify opposing counsel, the matter requiring argument, and whether testimony is required.

The praecipe to the Prothonotary shall include the name of opposing counsel, the precise nature of the matter requiring argument, and whether the matter listed requires the taking of testimony.

CRITICALCivil cases

Applies to

Auditor or master report

The auditor or master must certify in the report how and when the required notice was served.

The auditor or master shall certify in the report the manner and time of serving the notice herein required.

CRITICALCivil cases

Applies to

Written objection

Must include

proposed order

A written objection to trial readiness must include a proposed court order setting the hearing date and time.

The written objection shall include a proposed court order setting the date and time for a hearing on this objection.

CRITICALCivil cases

Applies to

Bill of costs

A bill of costs must identify witness attendance and mileage details and include an affidavit verifying the witnesses' presence 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 by his/her 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

Written objection

A written objection must state good cause.

If no action is taken, or no written objection stating good cause is filed in such matter within 30 days, the Clerk of the Orphans’ Court shall enter an order terminating the matter.

CRITICALCivil cases

Applies to

Proof of service

The proof of service must certify, in a verified statement, that the docket was reviewed and all parties and intervenors of record are listed and served.

The proof of service shall contain a certification and verified statement that the official court docket has been reviewed and that all parties and intervenors of record are listed and have been served.

CRITICALCivil cases

Applies to

Conciliator report

After a Pre-Trial Conference is scheduled, the Conciliator must prepare a report for the appointing judge stating the parties’ positions and the recommendation reflected in the proposed interim order.

(e) Once the Court Administrator schedules a Pre-Trial Conference, the Conciliator shall prepare a report for the appointing judge. The report shall indicate the positions of the parties and shall contain the Conciliator’s recommendation as reflected in the proposed interim order.

CRITICALCivil cases

Applies to

Notice of change of ownership

If ownership of the property changes during the appeal, the owner of record must file notice of the change with the Prothonotary.

If at any time during an appeal filed pursuant to Rule L5000, et seq., ownership of the property at issue is transferred, changed, or altered in any way, the property owner listed of record in the appeal is required to file notice of the transfer/change/alteration with the Prothonotary

CRITICALCivil cases

Applies to

Petition

The petition must state the reasons for appeal, identifying the applicable valuation or uniformity challenge, or the reasons the property is tax-exempt.

(4) The reasons for the appeal, identifying whether the challenge is based on fair market value, base year value, and/or a constitutional challenge based on uniformity, or the reasons why the property is exempt from taxation.

CRITICALCivil cases

Applies to

Initial pleading

An association’s initial pleading must identify the names and addresses of its officers or 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 all officers thereof or of all persons known to be holding themselves out as such.

CRITICALCivil cases

Applies to

Petition

A petition seeking an allowance from a minor’s estate must provide the specified information about the guardianship, minor and family, estate and income, support circumstances, prior allowances, financial needs, and any demand made on the guardian.

A petition for an allowance from a minor’s estate for the maintenance, support or education of the minor, the minor’s spouse or children, shall set forth: 1. the manner of the guardian’s appointment and qualification, and the dates thereof; and the terms of the instrument creating the estate; 2. the age and residence of the minor; whether the minor’s parents are living; the name of the person with whom the minor resides, and, if married, the name and age of the minor’s spouse and children; 3. the value of the minor’s estate, real and personal, and the net annual income; 4. the circumstances of the minor, whether employed or attending school; if the minor’s parents, or the person charged with the duty of supporting him, are living, the financial condition and income of such person and why they are not discharging their duty to support the minor; and whether there is adequate provision for the support and education of the minor, or the minor’s spouse and children; 5. the date and amount of any provision previously allowed by the Court, and the name of the Judge who granted it; 6. the financial requirements of the minor and the minor’s family unit, in detail, and the circumstances making such allowance necessary; and 7. if the petition is presented by someone other than the guardian, that demand was made upon the guardian to act, and the reason, if any given by him/her for his/her failure to do so.

CRITICALCivil cases

Applies to

Petition

When the value of the gross, real, and personal estate of a decedent does not exceed the value of the statutory limitation, the personal representative, after the expiration of one (1) year from the first complete advertisement of the grant of letters, may present a petition to the Court with an account attached under the provisions of Section 3531 of the Probate, Estate and Fiduciaries Code (20 Pa.C.S.A. § 3531).

When the value of the gross, real, and personal estate of a decedent does not exceed the value of the statutory limitation, the personal representative, after the expiration of one (1) year from the first complete advertisement of the grant of letters, may present a petition to the Court with an account attached under the provisions of Section 3531 of the Probate, Estate and Fiduciaries Code (20 Pa.C.S.A. § 3531).

CRITICALCivil cases

Applies to

Attorney statement

The accountant’s attorney must provide a statement that the schedule of distribution is correct and in accordance with law.

a statement by the attorney for the accountant that the schedule of distribution is correct and in accordance with law; and

CRITICALCivil cases

Applies to

Auditor or master report

Auditors and masters must state in their reports how notice was given and to whom.

Auditors and masters shall state in their report the manner and to whom notice was given.

CRITICALCivil cases

Applies to

Amended pleading

An amended pleading changing more than one paragraph must be complete, identify itself as amended, and renumber its paragraphs.

Whenever an amended pleading is filed involving more than one paragraph of the original pleading, it shall be a complete pleading and not merely the amendments to the former pleadings. The amended pleading shall clearly indicate that it is an amended pleading and the paragraphs shall be appropriately re-numbered.

CRITICAL

Applies to

Dependency petition

Should the Court find sufficient facts to support a petition of dependency, the County Agency shall file a petition pursuant to Pa. R.J.P. 1330.

Should the Court find sufficient facts to support a petition of dependency, the County Agency shall file a petition pursuant to Pa. R.J.P. 1330.

CRITICALCivil cases

Applies to

Conciliator report

The conciliator’s report and recommendation must be filed with the Prothonotary.

The conciliator’s report and recommendation shall be filed with the Prothonotary

CRITICALCivil cases

Applies to

Conciliator report

A conciliator’s disposition-hearing report must include findings of fact, conclusions of law, a recommended disposition, and a notice substantially in the form of Form L5000.8(a).

A disposition hearing conducted by a conciliator shall include a report prepared by the conciliator containing findings of fact, conclusions of law, and a recommended disposition of the appeal. The conciliator’s report shall contain a Notice substantially in the form reflected in FORM L5000.8(a).

CRITICALCivil cases

Applies to

Hearing advertisement

The hearing advertisement must state that persons must prove their claims or the claims will be disallowed.

stating that all persons must prove their claims or they will be disallowed.

CRITICALCivil cases

Applies to

Petition to open or strike judgment

A petition to open or strike a judgment must be made to the court, and the court may grant a rule to show cause upon cause shown.

Petition to open or strike a judgment shall be made to the court and, upon cause shown, a rule may be granted to show cause why the judgment should not be opened or stricken and the petitioner let in to a defense, with any further order proper in the discretion of the court.

CRITICALCivil cases

Applies to

Fiduciary report

When a distributee’s identity or whereabouts is unknown or there are no known beneficiaries, the fiduciary must submit a sworn or verified written report detailing the investigation and, in intestacy cases, providing a supported family tree.

Unknown Distributee – If it appears that the identity or whereabouts of a distributee is unknown, or there are no known beneficiaries, the fiduciary shall submit a written report, sworn to or verified by the fiduciary or his counsel, setting forth: A. The nature of the investigation made to locate the beneficiaries or heirs of the decedent, in complete detail; and B. in cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain. Investigation Defined – The term “investigation” as used in this Local Rule, shall include inquiry of or as to as many of the following as may be pertinent and feasible: residents of the household in which the decedent resided; friends and neighbors; labor union membership; places of employment; social fraternal, or beneficial organization; insurance records; church membership; school records; social security , Veterans’ Administration, or military service records; naturalization records, if not native born; and such other sources of information as the circumstance may suggest.

CRITICALCivil cases

Applies to

Account advertisement

Accounts required by law to be filed with the Clerk must be advertised as prescribed by law, and the advertisement must state the consequences of failing to object before confirmation.

All accounts required by law to be filed with the Clerk shall be advertised by the Clerk in the manner prescribed by law and shall also state that unless objections are filed before the date set for confirmation, the account will be approved and that thereafter distribution may be decreed by the Court, without reference to an auditor, in accordance with any statement of proposed distribution filed with the account.

CRITICALCivil cases

Applies to

Praecipe

Preliminary objections must be scheduled for Argument Court by filing a praecipe under Local Rule L208.3(a)(4).

Preliminary objections shall be scheduled for Argument Court by the filing of a praecipe in accordance with the procedure set forth in Local Rule L208.3(a)(4)

CRITICALCivil cases

Applies to

Notice of appraisal or designation

The appraisal or designation notice must state the right to appeal to the Court of Common Pleas within 48 hours.

The sheriff following an appraisal or designation shall immediately thereafter and before sale give notice thereof by first class United States mail to all interested parties of the appraisal or designation, which notice shall set forth the right of appeal to the Court of Common Pleas within forty-eight (48) hours thereof.

CRITICALCivil cases

Applies to

Arbitration board report

The responsible person must file the board's report and award, if any.

responsible for the setting of the date and place of hearing, for giving notice thereof to opposing counsel and to the Prothonotary, and for the filing of the board's report and award if any.

CRITICALCivil cases

Applies to

Petition for discharge

When a guardian files a petition for discharge after court-ordered withdrawals during the minor’s minority, the petition must include the specified account affidavit or verified statement and the guardian’s affidavit or verified statement.

If, upon subsequent order of the Court, withdrawals have been made from the account during minority, the guardian shall file a petition for discharge upon the minor attaining his majority. There shall be attached to the petition: A. an affidavit or verified statement in the nature of an account, containing items of administration, distribution, principal, and income, which shall be separately stated; B. an affidavit or verified statement by the guardian setting forth the date the minor attained his majority; that he has examined the account, that he has received the money, or benefit of the money, for which credit is taken in the account; that he approves the account and requests that it be confirmed; and that, upon distribution to him of the balance shown thereon, subject to such additional credits as may be authorized by law and set forth in the petition and order, he agrees that the guardian shall be discharged.

CRITICALCriminal cases

Applies to

Ard admission order

An order admitting an applicant into the A.R.D. Program must include the specified continuance language.

All Orders admitting applicants into the A.R.D. Program shall contain the following: "Defendant's request for a continuance of all proceedings in this case pending a determination of his eligibility for the A.R.D. Program and for the time he is in the program plus ninety days is granted."

CRITICALCivil cases

Applies to

Evidence of deposit or investment

Evidence of a restricted deposit or investment must be marked to show the restriction and promptly exhibited to the Court.

the evidence of the deposit or investment, marked to indicate the restriction, shall be promptly exhibited to the Court.

CRITICALCivil cases

Applies to

Advertisement

The advertisement must include a Notice of Proposed Termination and the specified response statement.

In addition to the list of cases, said advertisement shall include a Notice of Proposed Termination and the statement: “You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).”

CRITICALCivil cases

Applies to

Motion for appointment of master

A motion to appoint a master must substantially follow the form provided by Pennsylvania Rule of Civil Procedure 1920.74.

The motion shall be substantially in the form as provided by Pennsylvania Rule of Civil Procedure 1920.74.

CRITICALCivil cases

Applies to

Praecipe

Motions for summary judgment must be scheduled for argument by filing a praecipe, but the referenced Local Rule is cut off in the provided text.

Argument on motions for summary judgment shall be scheduled for argument by the filing of a praecipe in accordance with Local Rule

CRITICALCivil cases

Applies to

Motion

When prior notice is required, the motion must state that notice was given and its date, time, and manner; a motion relying on special or compelling circumstances must state them.

In all cases where prior notice of presentation is required under statute or rule of court, the motion shall state that the requisite prior notice was given; the date, time and manner of giving notice. If the right to ex parte relief is based on the existence of special or compelling circumstances, the motion shall state such circumstances.

CRITICALCivil cases

Applies to

Inspection objection

A property owner who objects to an inspection or its scheduled time must file written objections and present them to the assigned judge or master.

If the property owner objects to the inspection or the time for inspection set forth in the notice, the property owner shall file written objections to such inspection and present such objections to the assigned judge or master.

CRITICALCivil cases

Applies to

Analysis

After receiving the appellant's supporting documents and grounds statement, the Board or any other party must prepare an analysis and present it at the conciliation conference.

(3) Upon receipt of the Appellant’s documents supporting the appeal, such as comparable or other evidence, and a statement of the grounds and basis of the appeal, the Board or any other party shall prepare an analysis which it shall be required to present at the conciliation conference for the purpose of attempting to resolve the appeal.

CRITICALCivil cases

Applies to

Notice of change of ownership

A notice of change of ownership must identify the new owners and their addresses, the type of change, and its date.

The notice shall provide the following information: (1) The name(s) and addresses(es) of the new owner(s) of the property. (2) The type of transfer/change/alteration (e.g., property sold); and (3) The date of the transfer/change/alteration.

CRITICALCriminal cases

Applies to

Ard admission motion

A motion requesting admission into the A.R.D. Program must include the specified continuance request.

All motions requesting admission into the A.R.D. Program shall contain the following: "I request the continuance of any further proceedings in my case until it is determined whether I am eligible for A.R.D., and if I am admitted into it, for the length of time I am in the program, plus ninety days thereafter. "

CRITICALCivil cases

Applies to

Account

A personal representative who delivers estate assets in satisfaction of the exemption must, at the representative’s own risk, record them as a credit in the account.

When the personal representative, at his own risk, delivers assets of the estate in satisfaction of the exemption, he shall set forth the same as a credit in the account.

CRITICALCivil cases

Applies to

Praecipe

The praecipe must identify opposing counsel and state whether the matter requires testimony.

A copy of the praecipe ordering the case on the Argument List shall be sent to the opposing counsel and to the Court Administrator by the party placing the case on the Argument List, which praecipe shall include the name of the opposing counsel and whether the matter listed requires the taking of testimony.

CRITICALCivil cases

Applies to

Motion

A motion to appoint a Conciliator must accompany any pleading asserting a primary or partial physical custody claim, and the motion and accompanying order must comply with the stated rule, using “Conciliator” in place of “Master” where appropriate.

(b) A motion for the appointment of a Conciliator shall be filed with any pleading that includes a claim for primary physical custody or partial physical custody. The motion and accompanying order shall comply with Pa.R.C.P. No.1920.74. However, the party shall substitute the title “Conciliator” for “Master” where appropriate in the motion.

CRITICALCivil cases

Applies to

Certification of participation

The Certification of Participation includes a statement certifying compliance with Pennsylvania’s Public Access Policy for confidential information and documents.

I certify that this filing complies with the provision of the Public Access Policy of the Unified Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

CRITICALCivil cases

Applies to

Report

The required report must be submitted to the Court or its appointed auditor and include substantially the information specified in the rule.

The report required by the Supreme Court Rules shall be submitted to the Court or to an auditor appointed by the Court, and shall include substantially the following:

CRITICALCivil cases

Applies to

Motion

A motion presented as uncontested must include either written consent from opposing counsel and unrepresented parties or a certification that they were contacted and do not contest it.

If the moving party intends to present the motion as uncontested, the motion shall include a written consent by opposing counsel and unrepresented parties; or the motion shall include a certification that the moving party has contacted opposing counsel and unrepresented parties and that opposing counsel and unrepresented parties do not contest the motion.

CRITICALCivil cases

Applies to

Verified complaint

A plaintiff must commence a custody action by filing a verified complaint in substantially the prescribed form, except for a custody action asserted in a divorce complaint.

(a) Except for a custody action asserted in a divorce complaint, a plaintiff shall commence a custody action by filing a verified complaint substantially in the form provided by Pa.R.C.P. No. 1915.15(a)

CRITICALCivil cases

Applies to

Scheduling praecipe

A scheduling praecipe must identify the matter, opposing counsel, and any judge who previously ruled in the case.

(5) Form of Scheduling Praecipe: The praecipe shall identify the nature of the matter to be scheduled, all opposing counsel, and designate any Judge who has previously entered a ruling in the case.

CRITICALCivil cases

Applies to

Written proposal

A participant must submit a complete written proposal to the Plaintiff at least 15 days before the Conciliation/Case Management Conference.

I am cooperating with the Housing Counselor and have already submitted, or will submit at least fifteen (15) days before the Conciliation/Case Management Conference, a complete written proposal to the Plaintiff to avoid foreclosure.

CRITICALCivil cases

Applies to

Counter praecipe

An objecting party must promptly file a counter praecipe limited to the matter challenged.

(b) If an objection relates to any other assertion in the praecipe, the objecting party shall promptly file a counter praecipe stating only the matter challenged.

CRITICALCivil cases

Applies to

Advertisement

The required advertisement must include the affected case list, a Notice of Proposed Termination, and the specified statement about responding by filing a Statement of Intention to Proceed.

Pursuant to Rule of Judicial Administration Rule 1901(c)(2), the Prothonotary shall advertise one time in the Mercer County Law Journal the list of all those divorce cases where the Notice of Proposed Termination could not be given by mail or had been returned undelivered. In addition to the list of cases, said advertisement shall include a Notice of Proposed Termination and the statement: “You have thirty (30) days to respond to this Notice by filing a Statement of Intention to Proceed pursuant to Pa.R.C.P. Rule 230.2(g).”

CRITICALCivil cases

Applies to

Objections

Objections must be accompanied by counsel’s certification, or the unrepresented objecting party’s certification, that the hearing transcript or necessary portions have been ordered.

A copy of the Objections must be accompanied by a certification of counsel or by the objecting party, if unrepresented, that the hearing transcript, or necessary portions of the transcript, have been ordered from the court reporter.

CRITICAL

Applies to

Exhibit index

The exhibit index must be filed on a form that complies with Pa.R.J.A. 5102(b)(2).

Within 5 business days of the conclusion of a court proceeding, the Custodian shall file an index of all submitted exhibits with the appropriate records office, on a form that complies with Pa.R.J.A. 5102(b)(2).

CRITICALCivil cases

Applies to

Withdrawal of limited appearance praecipe

The withdrawal-of-limited-appearance praecipe includes a certification that the filing complies with the Public Access Policy.

I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery-related motion must include the moving party’s certification that it conferred or attempted to confer with interested opposing counsel and unrepresented parties to resolve the matter without court action.

Any motion relating to discovery shall include a certification by the moving party that the moving party has conferred or attempted to confer with opposing counsel and unrepresented parties having an interest in the motion in order to resolve the matter without court action.

CRITICALCivil cases

Applies to

Praecipe for arbitration

Matters designated as arbitration cases by a Rule L317 case management order must be scheduled by filing a praecipe for arbitration under Rule L1302, unless the court referred the matter to arbitration under Rule L317.

(b) All matters designated as arbitration cases by case management order pursuant to Rule L317 shall be scheduled for arbitration by filing a praecipe for arbitration as set forth in Rule L1302 unless the matter was referred to arbitration by the court pursuant to Rule L317.

CRITICALCivil cases

Applies to

Petition

In a bulk transfer, the transferee’s petition must state the names, addresses, and claim amounts of the transferor’s creditors insofar as known; it may request an auditor.

(d) In matters of bulk transfer, the petition of the transferee shall, inter alia, provide the name, address and amount of claims of creditors of the transferor insofar as known to the transferee and may request the appointment of an auditor.

CRITICAL

Applies to

Exhibit

An exhibit containing confidential information or information equivalent to a category in Pa. Access Policy § 8.0 must include a Confidential Document Form for sealing.

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.

CRITICALCivil cases

Applies to

Hearing record

A record, including an audio recording, must be made of all proceedings before a conciliator.

A record, including an audio recording, shall be made of all hearing proceedings before a conciliator.

CRITICALCriminal cases

Applies to

Arraignment notice

The Magisterial District Judge must provide the defendant an arraignment notice using the form in subparagraph (e).

(b ) Notice of arraignment shall be provided to the defendant by the Magisterial District Judge following the preliminary hearing on the form provided in subparagraph (e ).

CRITICALCivil cases

Applies to

Analysis

Upon receiving the Appellant’s supporting documents and grounds statement, the Board or other parties must prepare an analysis and present it at the conciliation conference.

Upon receipt of the Appellant’s documents supporting the appeal, such as comparable or other evidence, and a statement of the grounds and basis of the appeal, the Board or any other parties shall prepare an analysis which it shall be required to present at the conciliation conference for the purpose of attempting to resolve the appeal.

CRITICALCriminal cases

Applies to

Application for bail

Any person placed on bail must fill out the application.

This application is to be filled out by any person placed on bail.

CRITICALCivil cases

Applies to

Citation

If the averments of the petition for appeal appear to be prima facie sufficient, the Court shall award a citation and, if it has not been done by the Clerk on his/her own motion, order certification of the entire record of the Clerk to the Court. The citation shall be directed to all interested parties and shall require them to file a complete answer under oath or

If the averments of the petition for appeal appear to be prima facie sufficient, the Court shall award a citation and, if it has not been done by the Clerk on his/her own motion, order certification of the entire record of the Clerk to the Court. The citation shall be directed to all interested parties and shall require them to file a complete answer under oath or

CRITICALCivil cases

Applies to

Petition

The affidavit or verified statement accompanying a discharge petition must state that the consent signers are all interested parties or explain why any party did not consent.

The affidavit or verified statement to the petition shall include an averment that the parties who have signed the consents to discharge are all interested parties in the estate, or the reason for the failure of any party to consent.

CRITICALCivil cases

Applies to

Settlement notice

When the parties or their counsel agree to settlement terms, they must notify the Court in writing as soon as possible.

When the parties to a tax assessment appeal or their counsel agree upon the terms of settlement, they shall notify the Court in writing, as soon as possible, so that the case may be removed from the hearing list.

CRITICALCivil cases

Applies to

Petition to open or strike judgment

A petition to open or strike must state whether supersedeas is requested.

The prayer of the petition shall set forth whether a supersedeas is requested or not.

CRITICALCivil cases

Applies to

Mortgage foreclosure complaint

A foreclosure complaint concerning a Mercer County owner-occupied residence must have the Exhibit A URGENT NOTICE affixed when filed.

Complaints in Mortgage Foreclosure presented for filing seeking foreclosure on a mortgage of a Mercer County owner-occupied residence shall be accompanied with an additional URGENT NOTICE, a copy of which is attached hereto as Exhibit “A”. Said URGENT NOTICE shall be affixed to the Complaint when presented for filing and shall also be affixed to the copy of the Complaint served upon the Defendant(s).

CRITICALCivil cases

Applies to

Preliminary objections brief

A preliminary-objections brief must contain a concise statement of the relevant facts, questions involved, argument, and authorities relied upon.

containing a concise statement of the relevant facts, the questions involved, the argument, and the authorities relied upon.

CRITICALCivil cases

Applies to

Notice of presentation

Must include

proposed order

Notice of a motion's presentation must state its intended date, time, and place and include copies of the motion and proposed order.

Prior notice of presentation of a motion to the court shall state the date, time and place of intended presentation and shall be accompanied by a copy of the motion and the proposed order.

CRITICALCivil cases

Applies to

Petition

The petition's cover page must include the caption and identify the property type, interested parties, any different property owner, property address, and intervenors of record.

(2) A cover page which includes the caption and identifies the following: (i) A designation of whether the appeal involves residential or commercial property; (ii) A listing of all interested parties, including but not limited to the municipality and the school district wherein the property is located; (iii) The name of the property owner if different than the Appellant; (iv) The address of the property; (v) The names of all intervenors who have filed a Notice of Intervention, pursuant to Rule L5000.2.

CRITICALCivil cases

Applies to

Oath or affirmation

Before beginning duties, an appointed surveyor must take or subscribe an impartiality oath or affirmation and file it in the case.

(b) The person so appointed, before entering upon his/her duties, shall take or subscribe an oath of affirmation that he/she will impartially, to the best of his/her skill and judgment, do and perform all things enjoined and required of him/her under said appointment, which oath or affirmation shall be filed in the cause.

CRITICALCivil cases

Applies to

Filing

Must include

caption

All filings in a real estate tax assessment appeal must include a coversheet, caption, and Form L50001(a).

(a) All filings pertaining to a real estate tax assessment appeal shall contain a coversheet, caption, and form L50001(a) in accordance with these rules.

CRITICALCivil cases

Applies to

Affidavit or verification of service

The service affidavit or verification must state that the petition and citation were read to the alleged incapacitated person.

The affidavit or verification of service shall, in all cases, recite that the petition and citation were read to the alleged incapacitated person.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

The petition must include an order appointing a master in the form of Form L5000.1(d)(7).

(7) An order appointing a master in the form attached hereto as form L5000.1(d)(7).

CRITICALCivil cases

Applies to

Acknowledgment of satisfaction

An acknowledgment of satisfaction must be in writing and filed with the Clerk unless the Court requires another manner of acknowledgment.

Acknowledgment of satisfaction of all sums of money or property ordered to be paid or delivered by any award or decree of this Court shall be in writing and filed with the Clerk, or acknowledged in such other manner as the Court may require.

CRITICALCivil cases

Applies to

Praecipe for trial

(a) All matters not scheduled for trial by case management order pursuant to Rule L317 shall be placed on the trial list by any party filing a Praecipe for Trial with the prothonotary and providing a copy to the Court Administrator.

(a) All matters not scheduled for trial by case management order pursuant to Rule L317 shall be placed on the trial list by any party filing a Praecipe for Trial with the prothonotary and providing a copy to the Court Administrator.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

Every petition must include an attached proposed order providing for an evidentiary hearing.

Every petition shall have attached to it a proposed order, providing for an evidentiary hearing.

CRITICALCivil cases

Applies to

Account

A guardian who receives assets in addition to the restricted deposit or investment must account as though the restricted account were not part of the estate.

When the guardian has received assets in addition to the deposit or investment made in accordance with this Local Rule, he shall account as if the restricted account did not form part of the estate.

CRITICALCivil cases

Applies to

Scheduling praecipe

A motion for judgment on the pleadings must be scheduled for Argument Court by filing a scheduling praecipe under Local Rule L208.3(a)(4).

Motions for judgment on the pleadings shall be scheduled for Argument Court by the filing of a scheduling praecipe in accordance with the procedure set forth in Local Rule L208.3(a)(4)

CRITICALCivil cases

Applies to

Motion or other matter

Must include

proposed order, certificate of service

Each motion or other matter must include a scheduling order, proposed order, and a service certification stating how service was made.

All motions or other matters shall contain a scheduling order, a proposed order, and a certification that the motion has been served on opposing counsel or the opposing party. The certification shall also set forth the manner of service.

CRITICALCivil cases

Applies to

Notice to interested parties

The notice to interested parties must state the account-confirmation date and that the account will be confirmed unless objections are filed before then.

The notice to interested parties shall set forth the date on which the account will be confirmed, and that the account will be confirmed unless objections are filed before the account is confirmed.

CRITICALCivil cases

Applies to

Written stipulation

Except in the specified actions involving minors or incapacitated persons, verdicts, non-suits, and judgments by agreement may be entered at any time only on a written stipulation signed by the parties or their counsel of record and filed in the case.

Except in actions to which a minor or an incapacitated person is a party and in actions for wrongful death in which a minor or incapacitated person has an interest, verdicts and non-suits, 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

The petition must use one of the two specified titles.

(c) The petition shall be entitled either a “Petition for Real Estate Tax Assessment Appeal” or “Petition for Real Estate Tax Exemption Appeal”.

CRITICALCivil cases

Applies to

Proposed decree of distribution

A proposed decree of distribution must be provided.

a proposed decree of distribution.

CRITICALCivil cases

Applies to

Fiduciary report

A fiduciary requesting that distribution to a non-resident distributee be withheld must submit a sworn or verified report stating the relationship and available whereabouts, any required intestacy family tree, and the reason and suggested manner for withholding distribution.

Non-Resident Distributee – If the fiduciary requests the Court to withhold distribution to a non-resident distribute, the fiduciary shall submit a written report, sworn to or verified by the fiduciary or the fiduciary’s counsel, which shall set forth: A. the relationship of the distributee to the decedent, and any available information concerning the distributee’s present whereabouts; B. in cases of intestacy, a family tree, as complete as possible under the circumstances, supported by such documentary evidence as the fiduciary has been able to obtain; and C. the reason for the request that distribution be withheld, and the suggested manner of withholding.

CRITICALCivil cases

Applies to

Petition

The petition caption must identify the appellant, the Board, and the subject property's Tax Parcel Identification Number.

(1) A caption designating the named party filing the appeal as the Appellant, the Mercer County Board of Assessment Appeals and the Tax Parcel Identification Number of the subject property.

CRITICALCivil cases

Applies to

Final approval

An account or accompanying statement of proposed distribution is finally approved only by the Clerk’s written affirmation or court order; final approval of a statement must expressly identify it as a final confirmation of both documents.

No account, or statement of proposed distribution filed with any account, shall be considered finally approved except by written affirmation by the Clerk as hereinbefore provided or by order of Court; and such final approval, if relating to a statement of proposed distribution filed with any account, shall expressly state that it is a final confirmation of the account and the statement of proposed distribution filed therewith.

CRITICALCivil cases

Applies to

Order or decree

Unless the court directs otherwise, the attorney requesting an order or decree must draft it and submit it for court approval.

(a) Unless otherwise directed by the court, decrees and orders requested by a party shall be drafted by the attorney at whose instance they are to be made, and shall be submitted to the court for approval.

CRITICALCivil cases

Applies to

Brief

Briefs concerning preliminary objections must be filed in the form required by L210 and subject to L208.3(b).

Briefs shall be filed and in the form set forth in L210 and subject to L208.3(b).

CRITICALCriminal cases

Applies to

Arraignment notice

The arraignment notice states that the defendant must appear unless a written waiver is executed before the arraignment date, and warns that a bench warrant will issue if the defendant neither appears nor waives arraignment.

YOU MUST APPEAR FOR ARRAIGNMENT COURT UNLESS YOU EXECUTE A WRITTEN WAIVER PRIOR TO THE DATE OF ARRAIGNMENT. IF YOU FAIL TO APPEAR OR WAIVE ARRAIGNMENT, A BENCH WARRANT SHALL BE ISSUED FOR YOUR ARREST.

CRITICALCivil cases

Applies to

Certificate of participation

For eligible defendants who satisfy the stated participation conditions, the counselor must obtain their signatures on a Certificate of Participation.

If the Defendant(s) call Housing Opportunities, Inc., and if the Defendant(s) attend a meeting with a Housing Opportunities Counselor, and if the Housing Opportunities Counselor makes a determination that the Defendant(s) is/are eligible to participate in the Mercer County Mortgage Foreclosure Conciliation Program, the Housing Opportunities Counselor shall secure the signature(s) of the Defendant(s) on a “Certificate of Participation”; file the same with the Prothonotary of Mercer County; and serve a copy thereof in the Court Administration Office of Mercer County, all within thirty (30) days following service of the Complaint and URGENT NOTICE upon the Defendant(s).

CRITICALCivil cases

Applies to

Confessed judgment complaint or instrument

For a judgment on a warrant-of-attorney instrument accompanying a mortgage, the complaint must state the mortgage’s recording book and page; if there is no complaint, that statement must appear on the instrument.

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

Pre hearing memorandum

The Pre-Hearing Memorandum must state the contended value, identify witnesses and exhibits, include any pre-hearing motions with legal authority, summarize legal issues, and include any appraisal report to be presented.

The Pre- Hearing Memorandum shall set forth (1) the contended fair market value of the subject real estate; (2) the names of all witnesses to be called at the hearing; (3) a list of all exhibits intended to be introduced at the hearing; (4) any pre-hearing motions, with supporting legal authority; (5) a summary of any legal issues; and (6) a copy of any appraisal report to be presented at the disposition hearing.

CRITICALCriminal cases

Applies to

DUI arraignment notification

At arraignment, defendants charged with DUI must tell the Court whether treatment was recommended and, if so, whether it was completed; the notification must be on the record if appearing or in writing if arraignment is waived.

(g ) At arraignment, all defendants charged with DUI shall notify the Court on the record if they appear or in writing if arraignment is waived, whether treatment was recommended as a result of the DUI evaluation and, if so, whether the defendant has completed said treatment.

CRITICALCivil cases

Applies to

Notice of appeal

A person appealing a judicial act or decision of the Register must file a written notice with the Register identifying the challenged act or decision and attaching an affidavit or verification stating that the appeal is not for delay and is based on the appellant's belief that the decision causes injustice.

Any person desiring to appeal from a judicial act or decision of the Register shall file a written notice thereof with the Register, specifying generally the act or decision complained of, accompanied by an affidavit or verification that said appeal is not taken for delay, but because appellant believes that injustice results from the act or decision which is appealed.

CRITICALCivil cases

Applies to

Petition for appointment of individual guardian

When presenting a petition to appoint an individual guardian for a minor’s estate, counsel must state the estate’s total assets, whether the minor lives with the proposed guardian, and whether the minor’s share will be deposited in a restricted account.

At the time of the presentation of the petition for the appointment of an individual guardian, for a minor’s estate, counsel shall state the following in court: 1. the total amount of the assets; 2. whether or not the minor resides in the same household with the proposed guardian; and 3. whether it is proposed to deposit the share of the minor in a restricted account.

CRITICALCivil cases

Applies to

Pretrial statement

Pre-trial statements must list depositions taken or planned for trial testimony and, if known, the scheduled dates and times for depositions not yet taken.

In their pre-trial statements required by Local Rule of Court L212, the parties shall list all depositions taken or to be taken to perpetuate testimony for use at trial. For those depositions yet to be taken, the parties shall list the dates and times on which the depositions are scheduled, if known.

CRITICALCivil cases

Applies to

Limited appearance praecipe

The limited-appearance praecipe includes a certification that the filing complies with the Public Access Policy.

I hereby certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.

CRITICALCivil cases

Applies to

Unusual question of law submission

A party must present unusual legal questions to the pre-trial judge with supporting authority, and may present them without the opposing party and counsel present.

(e) All unusual questions of law shall be presented to the pre-trial judge with a statement of the authority supporting the position of that party. If a party desires, he may present such questions in the absence of the opposing party and his counsel.

CRITICALCivil cases

Applies to

Petition

A petition to extend the time for a surviving spouse to elect to take against the Will must comply with all existing Orphans’ Court Rules.

A petition for the extension of time in which the surviving spouse may file an election to take against the Will shall comply with all existing Orphans’ Court Rules.

CRITICALCivil cases

Applies to

Affidavit or verification

An affidavit or verification must identify all beneficiaries and their addresses, state whether they are sui juris, and identify fiduciaries for beneficiaries who are not.

an affidavit or verification by the accountant or one of the next of kin or beneficiaries stating the names and addresses of all the beneficiaries, and that they are all sui juris, or if not, the names and addresses of their fiduciaries;

CRITICALCivil cases

Applies to

Adoption petition

An adoption petition must include a statutory-compliant scheduling order and a proposed decree of adoption.

A petition for adoption shall have attached thereto: A. A scheduling order in conformance with the applicable statute; and B. A proposed decree of adoption.

CRITICALCivil cases

Applies to

Proof of service of notice of intervention

The Proof of Service of Notice of Intervention must substantially follow Form L5000.2(f).

(f) The Proof of Service of Notice of Intervention shall be substantially in the form reflected in FORM L5000.2(f).

CRITICALCivil cases

Applies to

Notice

The notice must include the petition and appraisal and state that nisi confirmation will be requested on a specified date and may be allowed unless objections are filed.

The notice shall contain a copy of the petition and the appraisal, and a statement that nisi confirmation of the appraisal will be requested and may be allowed by the Court at a stated date, and unless objections are filed thereto, the appraisal shall be confirmed thereafter by the Clerk without further Order of Court.

CRITICAL

Applies to

Transcript request motion

Unless the Court waives the requirement, a transcript requester must file a motion with the Court Administrator identifying the requested transcript, delivery speed, format, and whether a waiver is sought.

Anyone requesting a transcript, unless waived by the Court, shall file a Motion with the Mercer County Court Administrator setting forth what is to be transcribed; whether or not it is to be an ordinary, expedited, daily or same day delivery; whether or not it is to be in electronic format or bound paper format; and whether or not a waiver is being requested.

CRITICALCivil cases

Applies to

Paper filing

Must include

caption, case number

Papers filed with the Domestic Relations Section must show the specified court, case, pleading, notice, certification, and attorney or law-firm information on their face, when applicable.

Such papers shall contain on their face the following information: designation of the Court, designation of the section of the Court, date of filing, file number, caption, title of pleading, notice to plead or other form of notice, certification when applicable, name, address, Supreme Court number, and telephone number of the attorney or law firm filing the pleading upon whom papers may be served when applicable.

CRITICALCivil cases

Applies to

Order accompanying motion for appointment of conciliator

The Office of the Custody Conciliator must file a copy of the appointment order with the Prothonotary.

(f) The Office of the Custody Conciliator shall also file a copy of the order accompanying the motion for appointment of Conciliator with the Prothonotary.

CRITICALCivil cases

Applies to

Brief

Briefs must state the matter before the court and relief requested, the questions involved and advocated answers, material facts, and argument with authority citations, in that order.

Briefs shall be in the form prescribed by Pennsylvania Rule of Civil Procedure 210, and shall consist of concise and summary statements, separately and distinctly titled, of the following items in the order listed: (1) Matter before the Court: State the particular pleading (motion, petition, objection, exception, application, etc.) before the court for disposition, and the particular relief requested therein. (2) Statement of the question(s) involved: State the issue(s) in question form containing factual context sufficient to present the precise matter to be decided by the Court; each susceptible of a yes or no answer; each followed by the answer advocated. (3) Facts: State the material facts. (4) Argument: State the reason(s) why the court should answer the questions involved as proposed, including proper citation of authorities.

CRITICALCivil cases

Applies to

Proposed order

A proposed order must list counsel of record, each counsel’s client, and any self-represented parties.

(b) All proposed orders presented to the court shall list the names of all counsel of record, the party represented by each counsel and any self- represented parties.

CRITICALCivil cases

Applies to

Trial witness or plan

A party may not call an undisclosed witness or offer a plan or plot without complying with subsection (c) or (g), unless the court first permits it upon cause shown.

(h) A party may not call a witness nor offer a plan or plot without complying with sub-section (c) or (g) hereof unless that party shall first secure the permission of the court upon cause shown.

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

The petitioner must attach a proposed order to the petition, substantially following the provided form.

(3) The petitioner shall attach to the petition a proposed order substantially in the following form:

CRITICALCivil cases

Applies to

Case management order

If the Court grants consolidation, it must enter a case management order setting all pre-hearing deadlines.

(2) If the Court grants a motion to consolidate real estate tax assessment or exemption appeals, it shall enter a case management order setting forth all pre-hearing deadlines.

CRITICALCivil cases

Applies to

Proposed order

Every proposed order must list counsel of record, the party each counsel represents, and any self-represented parties.

All proposed orders shall list the names of counsel of record, the party represented by each counsel and any self-represented parties.

CRITICALCivil cases

Applies to

Account and petition for distribution

The assignee must file a petition for distribution with the account, and both must be filed in the Prothonotary's office.

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 Court and all such accounts and petitions for distribution shall be filed in the office of the Prothonotary.

CRITICALCivil cases

Applies to

Petition

A discharge petition must have written consent from all interested parties and the surviving or successor fiduciary attached, though the consent may be included in an attached satisfaction of award.

Written consent of all interested parties, and of the surviving or successor fiduciary, shall be attached to the petition. Such consent may be included in a satisfaction of award attached to the petition.

CRITICALCivil cases

Applies to

Petition for appeal

The petition for appeal must state the nature of the Register proceedings, include any Will in controversy, state the relied-upon facts and circumstances and the precise questions involved, address the required security, and list all interested parties' names and addresses.

Within thirty (30) days from the filing of the notice of appeal, the appellant shall present a petition to the Court which shall set forth: 1. the nature of the proceedings before the Register; 2. a copy of any Will in controversy; 3. a statement of the facts and circumstances relied upon; 4. a precise statement of the questions of law or of fact involved; 5. the filing and approval by the Register of the security required by law; and 6. the names and addresses of all interested parties.

CRITICALCivil cases

Applies to

Written objection

Must include

proposed order

A written objection to trial readiness must include a scheduling order.

The written objection shall include a scheduling Order.

CRITICALCivil cases

Applies to

Settlement agreement

A settled appeal with taxing authority approval requires the parties to execute the specified agreement, stipulation, and attached consent order within seven days; no court leave is required when the parties agree to settle.

(k) No appeal may be withdrawn without the consent of all other parties or leave of court. In the event an appeal is settled between the parties with taxing authority approval, the parties shall within seven (7) days of reaching the settlement execute a Tax Assessment Appeal Settlement Agreement and Stipulation with attached Consent Order in substantially the form reflected in FORM L5000.12(c). Upon presentation of the Agreement and Stipulation to the Court, the Court shall enter the Consent Order setting the stipulated assessed value and directing the Prothonotary to mark the case settled and discontinued. No leave of Court is required if the parties agree to settle the appeal.

CRITICALCivil cases

Applies to

Signed filing

By signing a document, an attorney or self-represented party certifies that its legal and record citations are authentic, accurate, and not AI-created.

(a) By signing documents as set forth in Pa.R.Civ.P. 1023.1, the signing attorney or self-represented party certifies that the citations to the law or the record in the filing have been verified as authentic and accurate and not created by artificial intelligence (“AI”).

CRITICALCivil cases

Applies to

Proposed interim custody order

If the parties do not reach an agreement, the Conciliator must immediately dictate a proposed interim custody order in the parties’ presence and forward it to the appointing judge for review and approval.

(c) In the event the parties do not reach an agreement at the Conciliator conference, the Conciliator shall immediately dictate a proposed interim custody order in the presence of the parties. The proposed interim order shall be forwarded to the appointing judge for review and approval.

CRITICALCivil cases

Applies to

Proposed order

The parties must transmit proposed orders and accompanying documents to the Court Administrator for scheduling and then file them in the proper office.

(c) The proposed order and any accompanying documents shall be transmitted by the parties to the Court Administrator for scheduling. The order and documents shall then be filed in the proper office.

CRITICALCivil cases

Applies to

Tax assessment appeal settlement agreement and stipulation

Must include

proposed order

Settlement terms must be stated in an agreement executed by or for all parties and include the specified property values, assessment details, refund or billing information, and a proposed consent order.

The terms of settlement shall be contained in a Tax Assessment Appeal Settlement Agreement and Stipulation, executed by or on behalf of all parties which includes the following: (1) The stipulated fair market value of the property. (2) The applicable Common Level Ratio percentage. (3) The stipulated assessed value of the property set forth by land, building(s) and total. (4) The effective date of the stipulated assessment. (5) The name and address of the person or entity due a refund or to be billed for additional tax payments on account of the settlement. (6) A proposed consent order containing the terms of settlement.

CRITICALCivil cases

Applies to

Account for audit or confirmation

An account for audit and confirmation must be presented to the court with proofs of publication and proof that interested parties received the required notice at the time fixed for the audit or confirmation.

Any 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.

CRITICALCivil cases

Applies to

Petition

If the petition alleges a fact that does not appear of record, it must include a verification under Pa. R.C.P. 206.3.

(6) A verification in accordance with Pa. R.C.P. 206.3, if the petition contains an allegation of fact which does not appear of record.

CRITICALCivil cases

Applies to

Residential appeal supporting documents

Within 75 days after filing a residential appeal, the appellant must serve supporting documents and a statement of the appeal's grounds and basis on the Board and all other parties.

(1) Within seventy-five (75) days of the filing of the appeal, the Appellant shall serve a copy of all documents supporting the appeal, such as comparable or other evidence, and a statement of the grounds and basis of the appeal, on the Board and all other parties.

CRITICALCivil cases

Applies to

Objections

Objections must include counsel’s certification, or the unrepresented party’s certification, that a transcript or necessary portions have been requested from the court reporter.

Objections must be accompanied by a certification of counsel, or a party if unrepresented, that a transcript of all proceedings before the master, or necessary portions of the transcript, have been requested from the court reporter.

CRITICALCivil cases

Applies to

Notice

The notice shall contain a copy of the petition and appraisal, and a statement that confirmation of the appraisal will occur on a stated date and the setting apart of the real estate to the individual who will be requesting the family exception and may be allowed by the Court at a stated time, and unless exceptions are filed before the date of confirmation.

The notice shall contain a copy of the petition and appraisal, and a statement that confirmation of the appraisal will occur on a stated date and the setting apart of the real estate to the individual who will be requesting the family exception and may be allowed by the Court at a stated time, and unless exceptions are filed before the date of confirmation.

CRITICALCivil cases

Applies to

Order under R.C.P. 1066(b)(1)

An order entered under R.C.P. 1066(b)(1) must include a description of the property.

Any order entered under subsection R.C.P. 1066 (b)(1) shall include a description of the property.

CRITICALCivil cases

Applies to

Petition

The petition must identify the Board decision and Date of Notification and attach the decision notice as an exhibit.

(5) A reference to the decision of the Board being appealed from and the Date of Notification. A copy of the Board’s notice of decision shall be attached to the petition as an exhibit.

CRITICALCivil cases

Applies to

Pre trial statement

The pre-trial statement must conform to Pa.R.Civ.P. 212.2 and include unusual legal questions, classified witness names and addresses, and copies of proposed plans or plots.

(c) At least five (5) business days prior to the pre-trial conference, each counsel of record representing a party to the action shall present to the court, and serve a copy on all other counsel, a pre-trial statement conforming with the requirements of Pa.R.Civ.P 212.2 , and shall also include: (1) A statement of any unusual questions of law that may arise. (2) A list of the names and addresses of all witnesses that party proposes to call, classifying them as witnesses to liability or to damages. The listing of a witness by a party shall impose no obligation on the party to call the witness or to procure attendance at the trial. (3) A copy of any plan or plot that party proposes to introduce into evidence.

CRITICALCivil cases

Applies to

Statement of proposed distribution

A statement of proposed distribution must identify each recipient, the exact amount awarded, and whether the distribution is in cash or in kind.

The statement of proposed distribution shall specify the names of the person or persons to whom the balance available for distribution is awarded, the exact amount of share awarded to such person or persons, and whether the proposed distribution is in cash or in kind.

CRITICALCivil cases

Applies to

Notice of intervention

The Notice of Intervention must identify the intervenor, label the intervenor on the cover page, state that the party is intervening, and include the intervenor's address unless counsel's entry of appearance is filed simultaneously.

(b) The Notice of Intervention shall include the name of the intervening party, designate the name of the intervening party on the cover page as “Intervenor”, and shall state that such party is intervening. The notice shall also include the address of the intervenor, unless simultaneously filed with the entry of appearance of counsel.

CRITICALCivil cases

Applies to

Conciliator report

Must include

proposed order

The conciliator must submit a report with a proposed order stating whether the matter settled and, if not, providing for a pre-trial hearing to be scheduled.

The conciliator shall make a report to this Court with a proposed Order, a copy of which shall be furnished to the parties through their attorneys, or if no attorney by regular mail to the last known address of the party. The report shall either inform the Court that this matter has settled, and the parties will file the settlement agreement as required by local rules or the matter has not settled and provide for the scheduling of a pre-trial hearing before the Court.

CRITICALCivil cases

Applies to

Praecipe

A plaintiff's attorney may seek re-indexing of a confessed judgment under an alias by filing a praecipe supported by an affidavit identifying the alias defendant as the person originally named in the judgment.

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 that such alias defendant is the same person against whom the judgment was originally entered and indexed.

CRITICALCivil cases

Applies to

Petition or motion

Must include

proposed order

The party presenting a petition or motion must attach a prepared proposed court order that includes the date and time for a hearing and the taking of testimony.

Petitions and motions shall have attached thereto a proposed order of Court, which shall be prepared by the party presenting the petition or motion, and which shall include a date and time for a hearing and for the taking of testimony,

CRITICALCivil cases

Applies to

Brief

Briefs concerning motions for judgment on the pleadings must be filed in the form set forth in L210 and subject to L208.3(b).

Briefs shall be filed and be in the form set forth L210 and subject to L208.3(b).

CRITICALCivil cases

Applies to

Pleadings and other legal papers

Must include

caption, case number

Pleadings and other legal papers filed with the Prothonotary must include the specified court, filing, case, pleading, notice, certification, and filing-attorney information on the face sheet.

All pleadings and other legal papers filed with the Prothonotary shall contain on the face sheet the following information: designation of the Court, date of filing, file number, caption, title of pleading, notice to plead or other form of notice, certification where applicable, and name, address, Supreme Court number, and telephone number of the attorney or law firm filing the pleading upon whom papers may be served.

CRITICALCivil cases

Applies to

Examiner report

When directed to examine a designated charitable trust, the examiner must submit a written report following as nearly as possible the prescribed form for a master’s report and containing specific recommendations.

In the exercise of its visitorial and supervisory powers over charitable trusts the Court will, in its discretion, from time to time, by general rule or special order, direct the official examiner, or a special examiner appointed for the purpose, to make an examination of the assets of a designated trust and an investigation to determine whether the purposes of the trust are being carried out in the manner provided by the trust instrument; and to submit to the Court a written report thereon which shall follow as nearly as may be the form prescribed by theses Local Rules for a master’s report and shall contain specific recommendation for the Court’s consideration.

CRITICALCivil cases

Applies to

Petition

The petitioner must file the extension petition with the Clerk and thereafter give 20 days’ written notice of the intention to request the extension on a stated day.

The petitioner shall file the petition with the Clerk and thereafter given twenty (20) days written notice of intention to request the extension at a stated day to

CRITICALCivil cases

Applies to

Settlement agreement

If the matter settles, the parties will file the settlement agreement as required by local rules.

The report shall either inform the Court that this matter has settled, and the parties will file the settlement agreement as required by local rules or the matter has not settled and provide for the scheduling of a pre-trial hearing before the Court.

CRITICALCivil cases

Applies to

Proposed order

When the parties reach an agreement, the Conciliator must dictate a proposed order in their presence or immediately afterward and submit it to the appointing judge.

(b) In the event the parties reach an agreement at the Conciliator conference, the Conciliator shall dictate a proposed order that encompasses the parties’ agreement in their presence or immediately thereafter. The Conciliator shall then submit the order to the appointing judge for consideration.

CRITICALCivil cases

Applies to

Motion

A motion must include a brief statement of the authority applicable to the requested relief.

A motion shall include a brief statement of the applicable authority for the relief requested.

CRITICALCivil cases

Applies to

Order

The accompanying order must comply with the specified rules, and the party filing the motion must obtain the conference date, time, and place from the Office of the Custody Conciliator.

(d) The order accompanying the motion for appointment of a Conciliator in all primary physical custody or partial physical custody actions shall comply with Pa.R.C.P. No. 1915.3(b) and Pa.R.C.P. No. 1915.15(c). The party filing the motion shall obtain from the Office of the Custody Conciliator the date, time, and place of the Conciliator conference.

CRITICALCivil cases

Applies to

Exhibits

Exhibits admitted before the conciliator become part of the court record and must be maintained with the official record in the appropriate filing office.

Any exhibits admitted into evidence before the conciliator are part of the court record and shall be maintained with the official court record in the appropriate filing office.

CRITICALCivil cases

Applies to

Schedule of distribution

A schedule of distribution must state each award of real property in a separate paragraph.

A schedule of distribution shall set forth separate awards of real property in separate paragraphs.

CRITICALCivil cases

Applies to

Case summary

Each party must present a case summary at least three days before the status conference.

Each party shall present to the Court a summary of their case at least three (3) days prior to the status conference.

CRITICALCivil cases

Applies to

Praecipe

A praecipe to the Clerk is required to place a case on the Argument List.

All cases for argument shall be placed on the Argument List at least thirty (30) days prior to the argument by praecipe to the Clerk.

WARNINGCivil cases

Applies to

Consumer credit bureau notice

The prescribed notice must state that the obligor has 20 days to submit a written objection to the release of arrearage information.

This information will be released to said Credit Bureau unless, within 20 days of this date, we receive a written objection from you contesting the accuracy of the calculated arrearages or stating a valid reason why the information should not be made available.

WARNINGCivil cases

Applies to

Auditor report

When distribution is made, the report must be presented with a schedule of paid and unpaid liens showing the disposition.

When distribution is made a schedule of the liens on the funds, paid and unpaid, shall be made and presented with the report showing the disposition made.

WARNINGCivil cases

Applies to

Opposition brief

Adverse counsel may limit a brief to argument and authorities, but may add counter-statements of facts and questions; omitted matters are treated as accepted or unchallenged.

Counsel for the adverse party may prepare a brief which need only contain an argument and authorities relied upon, but counsel may add a counter statement of the facts, and a counter statement of the questions involved. Unless counsel does so, however, it will be assumed counsel is satisfied with them or such parts of them as remained unchallenged.

WARNINGCivil cases

Applies to

Exhibit list

It is recommended, but not required, that a descriptive exhibit list be given to the court and stenographer at the start of trial.

(f) Exhibits may be marked prior to trial by the court stenographer. It is recommended, although it is not required, that a list of exhibits, including a description of each, be given to the court and to the stenographer at the commencement of the trial.

WARNINGCivil cases

Applies to

Bond for costs

After execution has issued, the court may, in its discretion, order the filing of a bond for costs.

In instances of petitions after execution has been issued, the court may, in its discretion, order a bond be filed for costs.

WARNINGCivil cases

Applies to

Receipt

An attorney taking a paper from the Prothonotary’s files must give a receipt and is responsible for the paper and any damages arising from its loss.

(c) Any attorney who takes a paper from the files of Prothonotary shall give his/her receipt for it. He/She shall be responsible for the same and for damages arising from any loss of same.

WARNINGCivil cases

Applies to

Auditor report

All testimony must be returned separately and filed with the auditor's report.

All testimony shall be returned separately and filed with the report.

WARNINGCivil cases

Applies to

Brief in support of objections

The Brief in Support of Objections must refer to transcript page numbers where possible.

The Brief in Support of Objections shall refer to transcript page numbers where possible.

WARNINGCivil cases

Applies to

Brief

If a party does not file a brief in accordance with the Local Rules, the Court will dispose of the argument without a brief.

If either party fails to file a brief in accordance with these Local Rules, the Court shall dispose of the argument without brief.

WARNINGCriminal cases

Applies to

Application for bail

(In addition to the Application for Bail, the following information should be obtained from the person posting the Cash Bail and should be attached to the Application for Bail of the defendant.)

(In addition to the Application for Bail, the following information should be obtained from the person posting the Cash Bail and should be attached to the Application for Bail of the defendant.)

WARNINGCivil cases

Applies to

Auditor report

When facts are controverted, the auditor's report must concisely state the proven facts, questions of law, and reasons for the decisions.

When facts are controverted before the auditor, he/she shall report the proven facts in a concise form and shall state concisely the questions of law raised before rendering decisions thereon, with the reasons therefore.

WARNINGCivil cases

Applies to

Decree request

Must include

certificate of service

In the absence of objection, a Certificate of Service must be presented on or after the referenced day for the Court to enter an appropriate decree.

In the absence of objection, upon the presentation of a Certificate of Service on or after said day, an appropriate decree may be entered by the Court.

INFOCivil cases

Applies to

Case summary

Defendants who lack sufficient information to prepare a summary may file a case summary stating that.

If defendant(s) lack information sufficient to prepare a summary, defendant(s) may file a case summary stating the same.

INFOCivil cases

Applies to

Joint consent case management order

Counsel or self-represented parties may submit a joint consent case management order instead of case summaries.

In lieu of case summaries, counsel or self-represented parties may also submit a joint consent case management order to be considered by the court.