Montgomery County Court of Common Pleas Document Filing Requirements

CRITICALCivil cases

Applies to

Motion to designate case as complex

A party seeking to designate a support matter as complex must file a Motion to Designate Case as Complex substantially in the form on the Court's website.

In accordance with Pa.R.C.P. 1910.12, if a party seeks to designate a support matter as complex, that party shall file a Motion to Designate Case as Complex in substantially the form as set forth on the Court's website.

CRITICALCivil cases

Applies to

Petition

A settlement-approval petition must include the specified minor and guardian details, facts, damages, expenses, defendant liability limits, lien information, counsel fees, the minor’s health and injuries, and other relevant circumstances.

A petition for approval of settlement shall set forth: (1) The date of birth, last four digits of the social security number, and address of the minor plaintiff, the name and address of the minor's parent(s) or guardian(s); (2) The facts out of which the cause of action arose; (3) The elements and items of damages sustained; (4) A list of all expenses incurred or to be incurred, whether or not they have been paid, by whom payment was made, and arrangements for payment of unpaid bills; (5) Any limits on the financial responsibility of the defendant(s); (6) A statement as to whether or not a lien or claim has been raised on behalf of any health care supplier, medical supplier, health insurer, worker's compensation carrier or government entity, including the Department of Public Welfare; (7) The fees of counsel, which shall not exceed 25% of the present value of a structured settlement, or 25% of the gross recovery of any other settlement, unless counsel has rendered extraordinary services; (8) The present status of the minor's health and injuries; and (9) Any other circumstances relevant to the propriety of granting the petition.

CRITICALCivil cases

Applies to

Petition

The petition must include a written report from attending providers about the injury, treatment, and prognosis, but qualifying settlements or cases where the Court is satisfied with the records may use those records instead.

The petition shall also contain the following exhibits: (1) A written report from attending health care providers stating the extent of the injury, the treatment given and the prognosis for the injured minor, except that in cases where the gross settlement does not exceed [$5,000] $25,000, or in other cases where the Court is satisfied that the treating physician's office notes and/or records set forth adequately the injury, the treatment given and the prognosis, such notes and/or records may be provided in lieu of a written report;

CRITICALCivil cases

Applies to

Petition

The petition must include the minor’s written consent if the minor is at least 16 years old.

(2) The written consent of the minor, if (s)he is sixteen (16) years of age or older;

CRITICALCivil cases

Applies to

Petition

If counsel claims fees exceeding 25%, the petition must include counsel’s timesheets and supporting documentation showing the nature and extent of services rendered.

(3) Copies of counsel's time sheets and other supporting documentation showing the nature and extent of services rendered, if counsel is claiming fees in excess of 25%.

CRITICALCivil cases

Applies to

Petition

File the petition with the Prothonotary under the existing civil suit caption if a civil suit was initiated; otherwise file it with the Orphans’ Court Clerk under the specified minor caption. No motions court cover sheet is required.

In any action where a civil suit has been initiated by writ of summons or complaint, the petition shall be filed with the Prothonotary under the caption of the civil suit. No motions court cover sheet is required. In any action where no civil suit has been initiated, the petition shall be filed with the Clerk of the Orphans' Court under the caption “ABC, a minor.”

CRITICALCivil cases

The Affidavit of Deposit of Minor’s Funds must substantially follow the form provided.

The Affidavit shall be substantially in the following form:

CRITICALCivil cases

Applies to

Motion to withdraw as counsel

The movant must promptly file a certification that the motion and return date were served on the client, using substantially the prescribed form; failure to file it before the return date results in the motion being stricken without prejudice.

and shall promptly file a certification that the motion and the rule return date were served upon the client, in substantially the following form: See Form Certificate of Service If such a certificate is not filed prior to the return date, then the motion shall be stricken without prejudice.

CRITICALCivil cases

Applies to

Motion answer

Must include

proposed order

The respondent must file an answer by the return day even if there are no contested factual issues, accompanied by the prescribed cover sheet, a brief or memorandum of law, and a proposed order.

On or before the return day, the respondent shall file an answer to the motion, even if there are no contested issues of fact. The answer shall be faced with the respondent’s cover sheet in the form set forth in Rule 205.2(b) and shall be accompanied by a brief or memorandum of law as set forth in Local Rule 210 and a proposed order.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Covered motions must include a cover sheet in the prescribed form and a proposed order, plus a brief or memorandum unless the motion adequately states its legal basis.

Allsuch motions shall be faced with a cover sheet of the moving party in the form set forth in Local Rule 205.2(b) and shall be accompanied by the moving party’s party's proposed order and, unless the legal legal basis for the motion is adequately set set forth in the motion itself, a brief brief or memorandum of law.

CRITICALCivil cases

Applies to

Pretrial statement

A pre-trial statement must include the estimated trial length, scheduling problems, special evidentiary issues, and a realistic settlement offer or demand.

Pursuant to Pa.R.C.P. 212.2(a)(7), the pre-trial statement shall include the following additional information: (i) the estimated length of trial; (ii) any scheduling problems; (iii) any special evidentiary issues; (iv) a realistic settlement offer or demand.

CRITICALCriminal cases

Applies to

Petition for parole or change of sentence

Petitions for parole or a change of sentence must contain the sentence verbatim, sentencing judge’s name, case history, detailed criminal record, reasons for the application, employment and employer-letter information, proposed residence, and a signed warden statement about the defendant’s deportment.

All petitions for parole or change of sentence shall contain the following: (1) The sentence of the Court verbatim; (2) The name of the Sentencing Judge; (3) A detailed history of the case; (4) The prior criminal record of the defendant, in detail; (5) Succinct statement of the reasons for making the application; (6) Employment open to defendant, accompanied by a letter from the defendant’s proposed employer stating the wages the defendant will receive, if the application should be granted; (7) Where defendant proposes to reside; and (8) A signed statement by the warden of the defendant’s deportment.

CRITICALCivil cases

Applies to

Memorandum of understanding

If the parties reach a complete or partial agreement, the mediator must promptly prepare and transmit a non-binding Memorandum of Understanding to the parties and their attorneys, if any.

the mediator shall promptly prepare and transmit to the parties and their attorneys, if any, a non-binding Memorandum of Understanding setting forth the terms of the parties’ agreement.

CRITICALCivil cases

Applies to

Agreement

An agreement is not binding unless and until it is subsequently incorporated into a writing signed by the parties.

In no event shall any agreement, whether reflected in the Memorandum of Understanding or otherwise, be binding on the parties unless and until it is subsequently incorporated into writing signed by the parties.

CRITICALCivil cases

Applies to

Mediator drafted memorandum or agreement

The mediator must not ask the parties to sign a mediator-drafted Memorandum of Understanding or agreement.

The Mediator is prohibited from asking the parties to sign any drafted Memorandum of Understanding or agreement.

CRITICALCivil cases

Applies to

Praecipe for civil trial

A case may be placed on the general civil trial list only after receipt of a civil-trial praecipe certifying readiness for trial or by court order.

Cases shall be placed on the general civil trial list only upon receipt of a praecipe for civil trial certifying readiness for trial or upon order of the Court.

CRITICALCivil cases

Applies to

Discovery motion

Must include

proposed order

The moving party must include a cover sheet and proposed order with the motion, and the cover sheet must state that counsel conferred in good faith to resolve the dispute.

The moving party shall include a cover sheet and a proposed order. The cover sheet must state that counsel have conferred in a good faith effort to resolve the discovery dispute.

CRITICALCivil cases

Applies to

Stipulated order

If the motion is resolved amicably before the argument date, it must be withdrawn or a stipulated order must be submitted to the Family Discovery Hearing Officer for the signing Judge.

If the motion is resolved amicably prior to the [return] argument date, the motion shall either be withdrawn or a stipulated order shall be submitted to the Family Discovery Hearing Officer for submission to the signing Judge.

CRITICALCivil cases

Applies to

Withdrawal of appearance

Counsel withdrawing from an action must submit a written withdrawal of appearance.

A written withdrawal of appearance shall be required when counsel is removing himself or herself from an action.

CRITICALCivil cases

Applies to

Entry of appearance

An attorney may not represent a party in the covered proceedings until a written entry of appearance is filed or the attorney's name appears on the docket under subsection (a).

No attorney shall represent the interest of a party to any civil action in the Court or before a Domestic Relations Hearing Officer, or special Hearing Officer or Conciliator appointed by the Court unless or until the attorney files a written entry of appearance, or until said attorney's name appears of record on the docket per section (a) above.

CRITICALCivil cases

Applies to

Written notice of address change

An attorney who changes address must immediately notify the Court Administrator of Montgomery County in writing.

Whenever any attorney changes his or her address, it shall be the duty of said attorney to notify immediately the Court Administrator of Montgomery County in writing of such change.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

proposed order, certificate of service

Preliminary objections must comply with Pa.R.C.P. 1028 and be filed with the specified cover sheet, brief or memorandum, proposed order, and certificate of service.

All preliminary objections shall be filed: (a) in accordance with Pa.R.C.P. 1028, (b) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

Must include

proposed order, certificate of service

A motion for judgment on the pleadings must include a Rule 205.2(b) cover sheet, a Rule 210 brief or memorandum, a proposed order, and a certificate of service.

After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may file a motion for judgment on the pleadings: (a) in accordance with Pa.R.C.P. 1034, (b) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service

CRITICALCivil cases

Applies to

Petition

The Petition must state one of the four listed averments concerning the alleged incapacitated person's counsel or request for counsel.

In addition to the contents itemized in Rule 14.2(a), the Petition shall also set forth one of the following averments: (i) That petitioner is aware that counsel has been retained by the alleged incapacitated person and the identity of such counsel; (ii) That petitioner is unaware of any counsel representing the alleged incapacitated person and reasonably believes that counsel should be appointed; (iii) That the petitioner is aware that the alleged incapacitated person has requested appointment of counsel; or (iv) That the petitioner has no knowledge regarding whether the alleged incapacitated person is represented or has requested appointment of counsel.

CRITICALCivil cases

Applies to

Proposed guardian information

A proposed guardian not identified in the initial Petition must provide the Rule 14.2(b) information to the Court by the hearing, including a Pennsylvania State Police criminal-record-check response issued within the preceding six months.

If not identified in the initial Petition for Adjudication of Incapacity and Appointment of a Guardian, any proposed guardian shall provide the information required in Rule 14.2(b) to the Court at or prior to the hearing, including the certified response to a Pennsylvania State Police criminal record check issued within six months prior to the date provided to the Court.

CRITICALCivil cases

Applies to

Professional guardian certification

A Professional Guardian must meet the listed certification requirements, including Center certification and completion of the National Certified Guardian Exam by January 1, 2020.

Every “Professional Guardian”, as defined in paragraph (3) of this Local Rule, shall comply with the following Certification Requirements for Professional Guardians: (a) become certified by the Center for Guardianship Certification on or before January 1, 2020, including: i. meeting all minimum eligibility requirements for certification which are set by the Center for Guardianship Certification including, but not limited to, submitting to a criminal background check, ensuring proof of work experience, and verifying proof of educational experience; and ii. successfully completing the National Certified Guardian Exam on or before January 1, 2020.

CRITICALCivil cases

Applies to

Professional guardian certification

Professional Guardians must maintain certification by recertifying every two years as required by the Center for Guardianship Certification.

maintain certification through recertification every two (2) years, as required by the Center for Guardianship Certification;

CRITICALCivil cases

Applies to

Consent to serve as guardian

For cases commenced after January 1, 2020, a Professional Guardian must file evidence of current certification with the Court as an exhibit to the consent to serve.

file evidence of current certification with the Court as an exhibit to a consent to serve as guardian in any case commenced after January 1, 2020;

CRITICALCivil cases

Applies to

Professional guardian certification

If a Professional Guardian is an entity, its principal and the person or persons directly responsible for the alleged incapacitated person must comply with paragraph (2)'s requirements.

When a Professional Guardian is an entity, the principal of the entity and the person or persons to have direct responsibility for the alleged incapacitated person shall comply with the requirements of paragraph (2) of this Local Rule;

CRITICALCivil cases

Applies to

Petition

The petitioner must attach any available expert report evaluating the alleged incapacitated person's capacity to the Petition.

In addition to the exhibits specified in Rule 14.2(c), Petitioner shall attach to the Petition for Adjudication of Incapacity the following: (5) Any expert report evaluating the capacity of the alleged incapacitated person, if available at the time of the filing of the Petition.

CRITICALCivil cases

Applies to

Petition

If the report cannot be attached to the petition, the petition must explain why.

the petitioner must include an averment explaining why the report cannot be attached

CRITICALCivil cases

Applies to

Affidavit of excuse

An affidavit of excuse must state whether in-person attendance would be harmful and whether video-conference participation would be harmful or possible.

Any such affidavit of excuse shall specify whether it would be harmful for the incapacitated person to attend the hearing in person and whether it would be harmful or possible for the incapacitated person to participate in the hearing by video conference from his or her residence or other location.

CRITICALCivil cases

Applies to

Initial hearing statement

The initial hearing statement must include the listed financial, support, separation, tax-return, and counsel-fee information and supporting materials.

an initial hearing statement shall be filed which shall include the following: (a) A statement of all marital and non-marital assets with verification of values, indicating date of valuation used. (b) Summary of all marital and non-marital liabilities indicating dates of valuation. (c) Verification of any post-separation payment of marital debt. (d) An expense statement in the form provided in subsection (4). (e) Verification of current gross and net income in the following form: [See Form] (f) The last two filed federal and state income tax returns. (g) All present or past spousal support, alimony, pendente lite or child support orders between the parties and any presently existing alimony or child support order involving either party separately and verification of any arrearages. (h) The date of the parties' separation. (i) Verification of counsel fees costs and expenses, if claimed.

CRITICALCivil cases

Applies to

Pretrial statement

Each party must file a pre-trial statement in the form required by subdivision (b) of the rule.

each party shall file the pre-trial statement, in the form required by subdivision (b) of this rule.

CRITICALCivil cases

Applies to

Praecipe for writ of execution

The praecipe must state whether execution is against real property, personal property, or both, and certify whether exemption has been waived.

(1)Statement whether writ is against real property or personal property, or both; certification whether exemption has been waived.

CRITICALCivil cases

Applies to

Praecipe for writ of execution

For execution against real estate, a description of the real estate must be provided to the Prothonotary for attachment to the writ.

(2)Description of real estate to Prothonotary. If the execution is against real estate the Prothonotary shall be provided with a description of the real estate, which he shall attach to the writ of execution.

CRITICALCivil cases

Applies to

Praecipe to transmit motion for grounds order

Must include

certificate of service

A time-stamped copy of the filed Praecipe to Transmit / Motion for Grounds Order shall be served upon the assigned Hearing Officer and the other party and proof thereof via a Certificate of Service shall be filed with the Prothonotary and provided to the Hearing Officer.

A time-stamped copy of the filed Praecipe to Transmit / Motion for Grounds Order shall be served upon the assigned Hearing Officer and the other party and proof thereof via a Certificate of Service shall be filed with the Prothonotary and provided to the Hearing Officer.

CRITICALCivil cases

Applies to

Praecipe to transmit motion for grounds order

The Praecipe must state the estimated trial time, identify witnesses, and indicate that discovery is complete.

A Praecipe to Transmit / Motion for Grounds Order shall indicate the estimated time of trial, witnesses, and that discovery is complete.

CRITICALCivil cases

Applies to

Initial conference memorandum

The parties must file and submit an Initial Conference Memorandum no later than 10 days before the Initial Conference, containing basic case information, an inventory consistent with Pa. R.C.P. 1920.75, and any discovery requests.

If not already filed and submitted, no later than ten (10) days prior to the Initial Conference, the parties shall file and submit an Initial Conference Memorandum setting forth: (a) basic information about the matter; (b) an inventory consistent with Pa. R.C.P. 1920.75; and (c) any discovery request(s).

CRITICALCivil cases

Must include

certificate of service

A Certificate of Service must be filed with the Prothonotary.

A Certificate of Service shall be filed with the Prothonotary.

CRITICALCivil cases

Applies to

Report and recommendation

The Hearing Officer must file a Report and Recommendation in accordance with the cited rules.

The Hearing Officer shall file a Report and Recommendation in accordance with Pa.R.C.P. 1920.53, 1920.54 and 1920.55-2(a)(1), (2).

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petition must be filed with the specified cover sheet, brief or memorandum, proposed order form, and proposed order granting the requested relief.

Petitions governed by this Rule shall be filed along with: (a) a cover sheet in the form set forth in Local Rule 205.2(b), (b) a brief or memorandum of law, as set forth in Local Rule 210, (c) a proposed order in the following form: See Form Proposed Order, (d) a proposed order granting the relief requested by the petition.

CRITICAL

Applies to

Legal paper

Every paper filing must include a completed cover sheet, except for papers filed electronically.

Every legal paper filed (unless filed electronically) shall be accompanied by a completed cover sheet, in the form available from the Clerk of the Orphans’ Court of Montgomery County and available on the Montgomery County Website at the following link: http://www.montcopa.org/DocumentCenter/View/418.

CRITICAL

Applies to

Cover sheet

The cover sheet must be typed or printed, include the filer’s address and signature, and may constitute the signer’s entry of appearance if none was previously entered.

The cover sheet must be typed or printed and must include the address and signature of the attorney for the filing party. If the party is not represented by any attorney, the party must sign the cover sheet and include his or her address. Where an attorney or party has not previously entered his or her appearance with respect to the matter, the cover sheet for a pleading shall be deemed to be an entry of appearance by the attorney or party who signs the cover sheet.

CRITICAL

Applies to

Schedule of distribution

The schedule of distribution checklist calls for fiduciary signatures, attorney certification, and beneficiary approvals, or alternatively a copy of the filing notice and proof of service.

1. Schedule Signed by ALL Fiduciaries 2. Schedule Certified by Attorney to be True and Correct and in Conformity with Adjudication 3. Approvals of ALL Beneficiaries OR 1. Copy of Notice of Filing Schedule of Distribution 2. Proof of Service of Sending Notice of Filing of Schedule of Distribution

CRITICAL

Applies to

Account and petition for adjudication or statement of proposed distribution

All accountants or personal representatives must sign the account and petition for adjudication or statement of proposed distribution.

All accountants or personal representatives shall sign the account and petition for adjudication/statement of proposed distribution in accordance with Rule 3.12.

CRITICAL

Applies to

Account and petition for adjudication or schedule of distribution

At least one accountant or personal representative must verify the account and petition for adjudication or schedule of distribution.

At least one accountant or personal representative shall verify the account and petition for adjudication/ schedule of distribution in accordance with Rule 3.13.

CRITICAL

Applies to

Petition for adjudication

Receipts and disbursements arising after the account’s stated date must be included in the petition for adjudication or an attached separate statement.

Receipts and disbursements after the date to which the account was stated and to be included in the adjudication, shall be set forth in the petition for adjudication or in a separate statement attached thereto.

CRITICAL

Applies to

All papers filed in the clerks office

Must include

caption, case number

All papers filed with the clerk must include the file number and matter name in the caption.

The file number and the name of the matter shall be included in the caption of all papers filed in the clerk's office.

CRITICAL

Applies to

Schedule of distribution

If interested parties approve a schedule in writing, the accountant’s attorney must also certify whether those parties constitute all persons affected by the schedule.

When a schedule is approved in writing by interested parties the attorney for accountant shall also certify whether or not such parties constitute all those affected thereby.

CRITICAL

Applies to

Schedule of distribution

Schedules of distribution must not include separate awards of real estate, whether individually or in undivided interests.

No schedules of distribution shall include separate awards of real estate to the parties entitled thereto, whether individually, or, where the circumstances require, in undivided interests.

CRITICAL

Applies to

Schedule of distribution

A schedule awarding real estate must describe it with the detail and particularity commonly required in deeds, and may state how title was acquired.

The real estate so awarded shall be described in the same detail and with the same particularity as is commonly required to be included in deeds and may recite how title was acquired.

CRITICAL

Applies to

Motion for reconsideration

A reconsideration motion must explain how its grounds were previously asserted; unspecified grounds are waived unless the court grants leave upon cause shown.

The motion for reconsideration must state how the grounds for reconsideration were previously asserted in the proceedings. Grounds not specified are deemed waived unless leave is granted upon cause shown to specify additional grounds.

CRITICAL

Applies to

Partition or allotment request

A request for partition or allotment of real estate must be made at the audit; the judge may order a title information certificate if required and other measures needed to protect interested parties.

Whenever partition or allotment of real estate is requested by the accountant or a party in interest, the request shall be made at the audit and the auditing judge shall make such order, including a direction to submit an information certificate, issued by an attorney or a responsible title insurance company, showing the current state of the title, if required, provisions for owelty, if any, the preparation of a schedule of distribution, notice to the parties and fixing the dates of further hearings, as may be necessary under the circumstances to protect all interested parties.

CRITICAL

Applies to

Schedule of distribution

The attorney for accountant shall certify on the schedule that due notice of the filing thereof was given as required by this rule and shall attach a copy of the notice and a list of those to whom such notice was sent.

The attorney for accountant shall certify on the schedule that due notice of the filing thereof was given as required by this rule and shall attach a copy of the notice and a list of those to whom such notice was sent.

CRITICAL

Applies to

Clerk certificate real estate

The accountant’s attorney must prepare the prescribed real-estate award certificate form and submit it to the clerk for execution upon final confirmation.

The following form shall be prepared by the attorney for the accountant, and submitted to the clerk for execution on final confirmation of an adjudication awarding real estate:

CRITICAL

Applies to

Objections to account

Questions about the specified disbursements may be raised only through objections to the account filed with the clerk in compliance with Rule 2.7.

Questions regarding disbursements claimed in the personal representative's account for assets delivered or permitted to be retained for or on account of the exemption may be raised only by objections to the account, which shall be filed with the clerk in compliance with Rule 2.7.

CRITICAL

Applies to

Extension petition

A petition to extend the surviving spouse’s time to elect against the will must satisfy Rule 5.4(1)–(5) and request a citation directing specified interested parties to show cause.

A petition for the extension of time in which the surviving spouse may file an election to take against the will shall include the requirements of subparagraphs (1) through (5) for a petition under Rule 5.4 and 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 an extension of time to file an election should not be granted.

CRITICAL

Applies to

Petition

A petition to sell real property at public sale must include the specified appointment document, interested-party consents or notice information, and mortgagee consent when applicable.

The following exhibits shall be attached to a petition by a personal representative, trustee or guardian, to sell real property at public sale: (a) a copy of the will, deed, or decree by which the fiduciary was appointed; and (b) any consents or joinders of interested parties, and the names and a copy of the notice which has been given to those parties who do not consent or join; and (c) consent by any mortgagee whose lien would otherwise not be discharged by the sale.

CRITICAL

Applies to

Petition

The petition must state facts supporting why conversion will better enable the trustee to carry out the settlor's or testator's intent or the trust's purpose.

Facts supporting why the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purpose of the trust.

CRITICAL

Applies to

Petition

Copies of all notices sent to beneficiaries must be attached to the petition as an exhibit.

Copies of all notices sent to beneficiaries shall be attached as an exhibit to the petition.

CRITICAL

Applies to

Petition

The petition must state why court approval of the requested conversion is needed.

Statement as to why there is a need for court approval of the requested conversion.

CRITICAL

Applies to

Petition

The requested relief must be stated specifically in both the petition and the order attached to it.

Specific language relating to the relief being requested shall be included in both the petition and the order to be attached to the petition.

CRITICAL

Applies to

Petition

Without agreement, a petition seeking leave for discovery or preservation of testimony must explain the proposed discovery's nature, scope, and need, describe good-faith efforts to reach agreement, and include the Rule 3.5(b) notice.

In the absence of an agreement, leave to take any form of discovery or to preserve testimony shall be granted only by court order following a petition setting forth the nature of the proposed discovery, the scope of the proposed discovery, and the need for the proposed discovery, and shall describe the good faith efforts made to reach an agreement regarding discovery. A petition seeking leave to take discovery shall include the notice required under rule 3.5(b)

CRITICAL

Applies to

Checklist

The required checklist must be typed or printed and list the required documents attached.

The checklist must be typed or printed and must list the required documents attached.

CRITICAL

Applies to

Claimants written statement

Before the hearing, the claimant’s attorney must file with the clerk a written statement of all material facts relied upon.

The attorney for claimant shall file with the clerk, prior to the hearing, a written statement of all material facts relied upon

CRITICAL

Applies to

Schedule of distribution

The accountant’s attorney must certify that the schedule is correct and conforms to the adjudication, and file it with the clerk in duplicate.

Schedules shall be certified by the attorney for accountant to be correct and in conformity with the adjudication, and shall be filed with the clerk in duplicate.

CRITICAL

Applies to

Trust revocation

Any revocation of an inter vivos trust must be filed, indexed, and recorded.

Any revocation shall be likewise filed, indexed and recorded.

CRITICAL

Applies to

Fiduciary bond

An individual surety must complete the clerk-supplied affidavit, file it with the bond for approval, and renew it annually while the bond remains in effect.

Individuals proposed as sureties on bonds of fiduciaries shall take an affidavit on the printed form supplied by the clerk, setting forth the facts required thereby. Such affidavit shall be filed together with the bond when that is filed for approval, and shall be renewed annually thereafter as long as the bond shall remain in effect.

CRITICAL

Applies to

Surety company certificate

A surety company must have a current authorization certificate on file with the clerk, and after May 1 it may not execute a bond until its certificate issued after March 31 of that year has been filed.

Every surety company duly authorized to do business in Pennsylvania may become surety on any bond or obligation required to be filed in this court; provided that a currently effective certificate issued to it by the Insurance Department of the Commonwealth of Pennsylvania, evidencing such right, shall be on file with the clerk, and that no bond shall be executed by any surety company after May 1 of any year until such certificate issued after March 31 of the same year shall have been filed with the clerk.

CRITICAL

Applies to

Petition

A petitioner requesting a preliminary decree must attach one in the prescribed form and must not include proposed injunctive relief in it.

If a petitioner requests that a preliminary decree be entered issuing a rule to show cause and setting a date and time for appearance and response to the petition, the petitioner shall attach a proposed preliminary decree to the petition in the form provided at subparagraph (d); the petitioner shall not include any proposed injunctive relief in a proposed preliminary decree.

CRITICAL

Applies to

Certificate of service

The petitioner must file a certificate listing the recipients and addresses and showing that the preliminary decree and petition were mailed at least 20 days before the response date.

The petitioner must file a certificate of service, listing the names and addresses of those individuals and entities to whom petitioner has sent a copy of the preliminary decree and the petition by first-class United States mail sent at least twenty (20) days before the response date set in the preliminary decree;

CRITICAL

Applies to

Electronically filed document

The filing party must retain the original signature page of each electronically filed document and produce it upon the court’s request.

The original signature page or pages of any document filed electronically shall be retained by the filing party as required by Supreme Court Orphans’ Court Rule 4.7(c) and shall be produced upon request the court.

CRITICAL

Applies to

Legal paper

Filing a legal paper that must be signed or verified certifies that it was properly signed, verified where applicable, and that the signed original was retained.

The electronic filing of any legal paper that is required to be verified or signed (including, but not limited to a consent, waiver, joinder, settlement agreement or stipulation), acts as certification by the filing party that a paper copy of the filing was properly signed by attorneys and parties, in all places necessary, and where applicable, that the legal paper has been verified, and that the filing party has retained the signed original.

CRITICAL

Applies to

Minor estate allowance petition

A petition for an allowance from a minor's estate must set forth the specified information about the guardian, minor, estate, support, prior allowances, and need for the allowance.

When a petition is necessary for an allowance from a minor's estate, the petition shall set forth: (a) the manner of the guardian's appointment and qualification, and the dates thereof; (b) the name, age and residence of the minor; (c) the name of the person with whom the minor resides, the name and age(s) of that person's spouse and children and/or dependents, if any; (d) whether or not the minor's parents are living; (e) the value of the minor's estate, real and personal, and the net annual income; (f) the circumstances of the minor, whether employed or attending school; if the minor's parents, or any other person charged with the duty of supporting him or her, is living, the financial condition and income of such person and why he or she is not discharging his or her duty to support the minor; and whether there is adequate provision for the support and education of the minor; (g) the date and amount of any previous allowance by the court; and (h) the financial requirements of the minor and his or her family unit, in detail, and the circumstances making such allowance necessary.

CRITICAL

Applies to

Discharge of personal representative petition with account

A petition with account annexed to discharge a personal representative must, as far as practicable, conform to the requirements for a Rule 5.16 small-estate settlement petition.

A petition with account annexed for the discharge of a personal representative under Rule 5.8 shall also conform as far as practicable to the requirements of a petition under Rule 5.16 for the settlement of a small estate under the provisions of Section 3102 of Probate, Estates and Fiduciaries Code.

CRITICAL

Applies to

Return

A return of a public sale of real property must be an affidavit stating the information required by Local Rule 5.10A, the advertisement, the price, and the purchaser's name, address, and status as highest bidder.

Returns of public sale of real property for the purpose of approval or confirmation by the court shall be in the form of an affidavit, which shall set forth (1) the information required by Local Rule 5.10A and the advertisement made; (2) the price obtained; and (3) the name and address of the purchaser and that he was highest bidder.

CRITICAL

Applies to

Petition

The petition must provide the listed estate, bond, sale, purchaser, and requested-security information.

setting forth: 1) the date of death of the decedent; 2) the date of the petitioner's appointment; 3) the amount of the bond or bonds filed by him or her, and the date of such filing and the name or names of his surety; 4) the total valuation of the personal estate as shown in the inventory and appraisement, if any; and the total proceeds of any real estate sold previously; 5) a short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid; and 6) a prayer for an order fixing the amount of additional security or for an order excusing him from filing additional security, as the case may be.

CRITICAL

Applies to

Petition

A petition for a private sale, exchange, or option must include the specified appointment document, interested-party consents or notice information, and the applicable agreement.

The following exhibits shall be attached to the petition by a personal representative trustee, or guardian, to sell real property at private sale or to exchange real property or give an option therefor: 1) a copy of the will, deed, or decree by which the fiduciary was appointed; 2) any consents or joinders of interested parties and the names and a copy of the notice which has been given to those parties who do not consent or join; 3) a copy of the agreement of sale or exchange or option agreement;

CRITICAL

Applies to

Petition

A personal representative or trustee required to give bond must present a petition before receiving the sale proceeds.

the fiduciary was required to give bond as such personal representative or trustee, he or she shall present a petition to the court before the proceeds of the sale are paid to the fiduciary by the purchaser, setting forth:

CRITICAL

Applies to

Petition

The petition must provide the listed information about the decedent, appointment, bond, estate, sale, and requested additional security.

the date of death of the decedent; the date of the petitioner’s appointment; the amount of bond or bonds filed and the date of such filing and the name or names of the surety; the total valuation of the personal estate as shown in the inventory and appraisement, if any; and the total proceeds of any real estate sold previously; a short description of the real property sold, the name of the purchaser and the amount of the consideration to be paid; and a prayer for an order fixing the amount of additional security or for an order excusing the fiduciary from filing additional security, as the case may be.

CRITICAL

Applies to

Decree

The decree approving or confirming a sale, exchange, or option must fix the required bond or additional security or excuse the fiduciary from it.

The court, in the decree approving or confirming the sale, exchange, or grant of option, will fix the amount of bond or additional security which the personal representative, trustee or guardian shall be required to enter, or will excuse the fiduciary from entering bond or additional security.

CRITICAL

Applies to

Petition

A petition concerning a proposed mortgage or lease must set forth sufficient facts to enable the court to determine whether it should be approved.

whether the proposed mortgage or lease should be approved.

CRITICAL

Applies to

Petition

Contents of Petition

Contents of Petition

CRITICAL

Applies to

Petition

A unitrust-conversion petition must include a copy of the trust document and any amendments as an exhibit.

attaching a copy of the trust document and any amendments thereto to the petition as an exhibit.

CRITICAL

Applies to

Petition

The petition must identify all beneficiaries, their relevant interests or status, and any fiduciary representing a beneficiary.

Names of all beneficiaries. Beneficiaries who are currently eligible to receive income from the trust. Names of any successor beneficiaries or representatives of beneficiaries. The names of all beneficiaries entitled to distribution of principal in the absence of exercise of any powers of appointment. Petition shall identify any beneficiary who has been declared incapacitated, is believed not to be sui juris or is a minor, including the age of the minor, and including the names of any fiduciary representing a beneficiary

CRITICAL

Applies to

Petition

The petition must include the specified current value, income-accounting, yield, and investment-allocation information about the trust.

The current market value of the trust principal. The current annual fiduciary income accounting of the trust without regard to the power to adjust under Probate, Estates and Fiduciaries Code §8104. The current percentage yield of the trust based on trust principal and trust income. The current percentage of the trust invested in fixed income investments and the current percentage of the trust invested in equities. The current percentage of trust assets not invested but producing income or unfixed in equities.

CRITICALCivil cases

Applies to

Affidavit

The plaintiff must provide the Prothonotary with an affidavit to be forwarded to the Sheriff with the writ, stating whether required notice was served and how any additional notices should be served.

Plaintiff is required to to provide provide the the Prothonotary with an an affidavit, which which shall be forwarded to to the the Sheriff along along with with the the Writ of Execution, stating stating whether whether the notice required by Rule 2958.1 has been served, and and stating how, if if needed, the additional notices shall be served.

CRITICALCivil cases

Applies to

Praecipe to Transmit the Record

A Praecipe to Transmit the Record seeking a final divorce decree must be filed if any of the three stated conditions is met.

(1) A Praecipe to Transmit the Record to request a final Decree in Divorce shall be filed where: (a) there have been no claims for equitable distribution of marital property, alimony or counsel fees, costs and expenses raised in the pleadings, or (b) all claims have been withdrawn via a signed stipulation filed of record, grounds for divorce have been established, and the Moving party is seeking a final decree in divorce, or (c) the parties have reached a written agreement or agreement on the record before the Hearing Officer in Equitable Distribution, which resolves all issues of equitable distribution of marital property, alimony, counsel fees, costs, and expenses, grounds for divorce have been established, and the Moving party is seeking a final decree in divorce which incorporates the written agreement.

CRITICALCivil cases

Applies to

Praecipe to Transmit/Motion for Entry of Grounds Order

A Praecipe to Transmit/Motion for Entry of Grounds Order must be filed when the listed conditions are met.

(2) A Praecipe to Transmit/Motion for Entry of Grounds Order shall be filed where: (a) a Motion to Commence Equitable Distribution Scheduling has been filed, and (b) there are pending claims for equitable distribution of marital property, alimony or counsel fees raised in the pleadings. (c) no written agreement has been reached by the parties, and (d) grounds for divorce exist and can be established.

CRITICALCivil cases

Applies to

Certificate of Service

The moving party filing the Praecipe to Transmit/Motion for Entry of Grounds Order must submit a Certificate of Service to the Court.

(3) The Moving party, filing the Praecipe to Transmit/Motion for Entry of Grounds Order shall serve and file a Certificate of Service with the Court.

CRITICALCivil cases

Applies to

Certificate

The seminar provider must file a Certificate of Attendance with the Prothonotary's Office confirming the parent's attendance.

A Certificate of Attendance shall be filed by the seminar provider with the Prothonotary's Office reflecting that attendance was fulfilled by the parent.

CRITICALCivil cases

Applies to

Transcript request

Transcript requests must use the standardized form available on the Court’s website.

All requests for transcripts shall be set forth on the standardized form available at www.montcopa.org/court.

CRITICALCivil cases

Applies to

Ordinary transcript request

For an ordinary transcript, the requesting party must file the original request with the Court Services Office.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the Court Services Office.

CRITICALCivil cases

Applies to

Transcript request form

A request to waive or reduce transcript fees must be noted on the transcript request form filed with Court Services.

Pursuant to the guidelines identified in Pa.R.J.A. 4008(B), a request to waive or reduce transcript fees shall be noted on the transcript request form filed with Court Services.

CRITICALCivil cases

Applies to

Transcript request

Legal Aid Services clients need not otherwise prove economic hardship, but must provide Court Services a certification letter establishing financial eligibility and either an appeal or the transcript’s necessity to advance current litigation.

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

CRITICALCivil cases

Applies to

Stipulation

After the award amount is entered, counsel’s stipulation about any written offer, its amount, and its date must be submitted in a sealed envelope for the Board’s determination of delay damages.

After the amount of the award has been so entered, the Board shall make a determination as to damages for delay by accepting a sealed envelope containing a stipulation setting forth whether an offer was made in writing and if so, the amount as well as the date of the offer.

CRITICALCivil cases

Applies to

Family court action or petition

An attorney filing a Family Court action or petition must attach a cover sheet listing the file numbers of prior Montgomery County Family Court cases involving the same parties.

Whenever any Family Court action or petition is filed with the Prothonotary, the attorney shall attach a cover sheet to the documents with the file numbers of all previous Family Court cases filed in Montgomery County involving the same parties.

CRITICALCivil cases

Applies to

Cover sheet

The cover sheet must substantially follow the form provided.

The cover sheet shall be substantially in the following form: [See Form]

CRITICALCivil cases

Applies to

Trial praecipe

When a case is ready to be placed into the civil trial inventory, counsel must file a trial praecipe containing a certification by filing counsel that all counsel of record consent to the filing of the trial praecipe. Consent must be affirmatively obtained, but the signatures of all counsel are no longer required on the trial praecipe. The consent of unrepresented parties to the filing of the trial praecipe is not required. If all parties to an action are unrepresented, however, any such party may file a trial praecipe

When a case is ready to be placed into the civil trial inventory, counsel must file a trial praecipe containing a certification by filing counsel that all counsel of record consent to the filing of the trial praecipe. Consent must be affirmatively obtained, but the signatures of all counsel are no longer required on the trial praecipe. The consent of unrepresented parties to the filing of the trial praecipe is not required. If all parties to an action are unrepresented, however, any such party may file a trial praecipe

CRITICALCivil cases

Applies to

Trial praecipe

The trial-list certification must state that no motions are outstanding and all discovery is complete.

Certification shall state that no motions are outstanding and that all discovery has been completed.

CRITICAL

Applies to

Verification

When the defendant has no attorney of record and has not appeared in the divorce action, the plaintiff must execute and file the prescribed Verification of Defendant’s Signature upon filing the Praecipe to Transmit.

(3) Upon the filing of the Praecipe to Transmit in a divorce action where the defendant has no attorney of record and the defendant has not appeared for any proceeding before the Court, the plaintiff shall execute and file a Verification of Defendant’s Signature in the following form:

CRITICALCivil cases

Applies to

Response

Must include

proposed order, certificate of service

A summary-judgment response must be accompanied by the specified cover sheet, a brief or memorandum of law, a proposed order, and a certificate of service.

(c) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order, certificate of service

A summary-judgment motion must be accompanied by the specified cover sheet, a brief or memorandum of law, a proposed order, and a certificate of service.

(b) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service.

CRITICALCivil cases

Applies to

Response

Adverse parties are required to answer a summary-judgment motion.

An answer to a motion for summary judgment is required from the adverse parties:

CRITICALCivil cases

Applies to

Petition for appeal

A petition for appeal must identify the property parcel number in its caption and attach the appealed-from order and a proposed preliminary decree containing the specified provisions.

The petition for appeal shall have the parcel number(s) of the subject property in the caption and shall have attached to it a photocopy of the appealed from order of the said Board and shall have attached to it a proposed preliminary decree which shall provide:

CRITICALCivil cases

Applies to

Petition for distribution

The distribution petition must list claims believed just, contested claims, claims believed entitled to preference or lien, disputed preference or lien claims, and the amount of each claim.

The petition for distribution shall contain also (1) a list of the names of creditors or claimants against the fund for distribution whose claims are believed by the accountant to be just; (2) a list of claims that are to be contested; (3) a list of claims that appear to the accountant to be justly entitled to a preference or lien upon the fund; (4) a list of claims for preference or lien that are disputed. In all cases, the amount of the claim shall be stated.

CRITICALCivil cases

Applies to

Exceptions

Exceptions to an account or distribution schedule must be placed on the argument list.

Exceptions to an account or schedule of distribution shall be placed on the argument list.

CRITICALCivil cases

Applies to

Notice

The notice must state where the account and distribution petition were filed, when they will be presented, and that confirmation and distribution may occur unless exceptions or cause to the contrary are filed or shown.

Said notice shall set forth that the account and petition for distribution have been filed in the Office of Prothonotary, and will be presented to the Court at a certain time for such action as the Court may deem expedient, and that the account may then be confirmed and distribution made of the fund, unless exceptions thereto be previously filed or cause shown to the contrary.

CRITICALCivil cases

Applies to

Account

The accountant must file a petition for distribution of the fund with the account.

The accountant shall file with the account a petition for distribution of the fund

CRITICALCivil cases

Applies to

Motion

Every motion filed under Rule 208.1 must include a brief statement of applicable authority.

Any motion filed pursuant to Rule 208.1 shall include a brief statement of the applicable authority.

CRITICALCivil cases

Applies to

Motion for appointment of a Hearing Officer

Must include

certificate of service

A motion for appointment of a Hearing Officer must be filed with a certification that opposing counsel or any unrepresented party was served with the motion and required documents.

The movant shall file, along with the motion for appointment of a Hearing Officer, a certification that opposing counsel or any unrepresented party has been served with a copy of the motion and all other documents required pursuant to subsection (1) hereof.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A discovery-related motion must include counsel’s certification that counsel conferred or attempted to confer with all interested parties, which counsel provides by checking the appropriate box and signing the certification section of the moving party’s cover sheet.

Any motion relating to discovery must include a certification by counsel for the moving party that counsel has conferred or attempted to confer with all interested parties in order to resolve the matter without court action. This certification language is included on the cover sheet of moving party required by Local Rule 208.3 (b). By checking the appropriate box on the cover sheet of the moving party, and signing the certification section of the cover sheet, counsel for the moving party will satisfy the certification requirement under this Rule.

CRITICALCivil cases

Applies to

Deposition certification

After the deposition, the officer administering the oath must file a written certification confirming the deponent was identified, sworn, and deposed in the officer’s presence.

After the deposition, the officer administering the oath shall file a written certification that the deponent was identified, sworn and deposed in the officer's presence.

CRITICALCivil cases

Applies to

Deposition agreement or order

The parties' agreement or the Court order shall prescribe the manner in which the deposition will be taken and recorded and may also include other provisions to assure that the transcript of the testimony will be accurate.

The parties' agreement or the Court order shall prescribe the manner in which the deposition will be taken and recorded and may also include other provisions to assure that the transcript of the testimony will be accurate.

CRITICALCivil cases

Applies to

Hearing notice

The hearing notice must include the specified statement about proceeding in a party’s absence and the absence of a right to trial de novo.

The written notice required by subdivision (a) (1) shall include the following statement: "This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge."

CRITICALCivil cases

Applies to

Discovery motion

The moving party must state the discovery-completion deadline date on the motion’s Cover Sheet, or state “N/A” if no deadline has been established.

The moving party must indicate on its Cover Sheet the date of such deadline. If the motion is filed before the establishment of such a deadline, the date should be stated as “N/A.”

CRITICALCivil cases

Applies to

Discovery motion

If a discovery motion is resolved amicably before its return day, it must be withdrawn or a stipulated order must be submitted to the Court Administrator.

If the discovery motion is resolved amicably prior to the return day issued pursuant to Local Rule 208.3(b), the motion shall either be withdrawn or a stipulated order shall be submitted to the Court Administrator for submission to the signing Judge.

CRITICALCriminal cases

Applies to

Written notice of arraignment

After a defendant is bound over following a preliminary hearing or waives the hearing, the issuing authority must provide written notice of the arraignment’s date, place, and time.

At the conclusion of a preliminary hearing in which a defendant is bound over for action by the Court of Common Pleas, or upon waiver of the preliminary hearing by a defendant, the issuing authority shall provide written notice of the date, place and time of arraignment in the Court of Common Pleas.

CRITICALCivil cases

Applies to

Motion cover sheet

Counsel for the moving party satisfies the uncontested-motion certification requirement by checking the appropriate box on the cover sheet and signing its certification section.

By checking checking the the appropriate appropriate box box on the cover on the cover sheet sheetofofthe themoving moving party, party, and andsigning signingthe thecertification certification section section of of the the cover sheet,counsel cover sheet, counselforforthe themoving movingparty partywill will satisfy satisfy the the certification certification requirement requirement under under this this Rule. Rule.

CRITICALCivil cases

Applies to

Appeal

Appeals from the specified decisions must use the prescribed caption.

Appeals from the decision of a governing body, planning commission (where empowered to render a decision), or a zoning hearing board shall be captioned as follows:

CRITICALCivil cases

Applies to

Notice of appeal

A second notice of appeal must be titled “Supplemental Notice of Appeal”.

The second filed notice of appeal, if any, shall be titled “Supplemental Notice of Appeal”.

CRITICALCivil cases

Applies to

Return of record

The return of record for the specified zoning appeals must include the listed materials and an officer’s certification of completeness, accuracy, and applicability.

The record in an appeal from a decision of the zoning hearing board or the decision of the governing body in a conditional use application or other zoning proceeding heard by the governing body pursuant to the Pennsylvania Municipalities Planning Code, other than as set forth in (iii) below, shall include, but not be limited to, a copy of the complete municipal zoning ordinance and zoning map, the application, transcripts, hearing or meeting exhibits, plans, drawings, municipal staff and consultant review letters, county review letters, notice of decision, decision containing findings of fact, conclusions of law, and reasons. The return of record shall include a certification from the zoning officer or other designated municipal officer that the return is the complete and accurate record and that the ordinance and map are those in effect and applicable to the subject matter of the appeal.

CRITICALCivil cases

Applies to

Return of record

The return of record for the specified subdivision, land development, or planned residential development appeals must include the listed materials and an officer’s certification.

The record in an appeal of a decision of the governing body or planning commission involving a subdivision, land development, or planned residential development shall include, but not be limited to a copy of the complete municipal zoning ordinance, zoning map, subdivision and land development ordinance, the application, transcripts, meeting minutes, plans, drawings, other materials submitted by the applicant, municipal staff and consultant review letters, county review letters, and the written decision or approval. The return of record shall include a certification from the zoning officer or other designated municipal officer that the return is the complete and accurate record and that the ordinances are those in effect and applicable to the subject matter of the appeal.

CRITICALCivil cases

Applies to

Handbills and legal publications

The brief description in handbills and legal publications must include the property's street address, parcel identification number, and legal description.

With respect to the handbills, and legal publications, the “brief description” of the property required by Pa.R.C.P. 3129.2(b)(1) shall consist of the street address, parcel identification number, and a copy of the legal description of the property.

CRITICALCivil cases

Applies to

Bill of costs

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

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

CRITICALCivil cases

Applies to

Motion

The master docket is for generally applicable orders, not motions of narrower application; motions relevant to individual cases must be filed under the individual case number, even if multiple cases are involved.

This docket is for Orders of general application to all the litigation or classes of cases within the litigation. It is not for the filing of motions of less than general application, and motions which have relevance to individual cases shall be filed under such individual case number, even if more than one case is involved.

CRITICALCivil cases

Applies to

Praecipe

When an appeal is taken, counsel must file by praecipe in the individual file a copy of any generally docketed order relevant to the appealed case.

Upon the taking of an appeal by any party, if any Orders entered under the general number are relevant to the case on appeal, counsel shall, by praecipe, file a copy of the relevant document in the individual file.

CRITICALCivil cases

Applies to

Argument court coversheet

The argument court coversheet for a motion to transfer to inactive status must request a rule return day under the cited local rule.

The argument court coversheet shall request a rule return day in accordance with Montgomery County Local Rule of Civil Procedure 208.3(b)(1).

CRITICALCivil cases

Applies to

Proposed order

The moving party must submit a proposed order in the prescribed form for transfer to inactive status.

The moving party's proposed order shall be in the following form: ORDER AND NOW, this ___ day of __________, ___, IT IS ORDERED that the above-captioned matter is transferred to inactive status in accordance with Montgomery County Local Rule of Civil Procedure 1041.1*(5). BY THE COURT: ________________________________________ J.

CRITICALCivil cases

Applies to

Inactive status praecipe

Must include

caption, certificate of service

A praecipe transferring a case to inactive status must use the prescribed form, including a caption, the specified request, and a certificate of service.

The praecipe shall be in the following form: "[Caption] PRAECIPE TO TRANSFER INACTIVE STATUS TO THE PROTHONOTARY: Transfer the above-captioned matter to inactive status in accordance with Montgomery County Local Rule of Civil Procedure 1041.1*(5). ________________________________________ Attorney for Plaintiff [Certificate of Service]*"

CRITICALCivil cases

Applies to

Motion for approval of discontinuance

Must include

certificate of service

Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day.

Upon receipt of the return day from the Court Administrator counsel should serve all parties, and file with the Prothonotary a separate certification of service indicating service of the petition and the rule to show cause, noting the return day.

CRITICALCivil cases

Applies to

Certificate

Must include

certificate of service

A certificate of service must identify by name and address the counsel or parties served; a generic reference to all parties or counsel of record is insufficient.

Certificates of service shall indicate the name and address of counsel or the parties on which service has been made. A certificate of service "on all parties", or "on all counsel of record" without stating who they are, does not establish service on anyone.

CRITICALCivil cases

Applies to

Notice to defend

The Notice to Defend must name the designated Lawyer Referral Service as the office where recipients can obtain advice on getting legal help.

As provided by Pennsylvania Rule of Civil Procedure 1018.1, the following office is designated to be named in the Notice to Defend prescribed by that rule as the office from which advice on where to get legal help can be obtained.

CRITICALCivil cases

Applies to

Intervention

The specified county and municipal bodies, school directors, and a property owner who is not the appellant may intervene as of course by entering a written appearance.

In every appeal from a real estate assessment filed by the Board for the assessment and revision of taxes, the Board of Commissioners of Montgomery County, the governing body of the municipality and the Board of School Directors of the school district in which the real estate is situated, and the property owner, if the property owner is not the appellant, may intervene as of course, by entering a written appearance.

CRITICALCivil cases

Applies to

Mediator orientation disclosure

At the orientation session, the mediator must inform the parties in writing of the following: (1) the costs of mediation; (2) the process of mediation; (3) that the mediator does not represent either or both of the parties; (4) the nature and extent of any relationships with the parties and any personal, financial or other interests that could result in a bias or conflict of interest; (5) that mediation is not a substitute for the benefit of independent legal advice; and (6) that the parties should obtain legal assistance for drafting or reviewing any agreement.

At the orientation session, the mediator must inform the parties in writing of the following: (1) the costs of mediation; (2) the process of mediation; (3) that the mediator does not represent either or both of the parties; (4) the nature and extent of any relationships with the parties and any personal, financial or other interests that could result in a bias or conflict of interest; (5) that mediation is not a substitute for the benefit of independent legal advice; and (6) that the parties should obtain legal assistance for drafting or reviewing any agreement.

CRITICALCivil cases

Applies to

Request to mark judgment satisfied

An attorney may not cause a judgment to be satisfied unless the attorney has first entered an appearance for the plaintiff.

No judgment shall be satisfied by or on the order of any attorney-at-law unless such attorney shall have first entered an appearance for the plaintiff.

CRITICALCriminal cases

Applies to

Criminal complaint and arrest warrant affidavit

The specified criminal complaints and arrest-warrant affidavits must have approval from an attorney for the Commonwealth before filing to be accepted.

shall not hereafter be accepted by any judicial officer unless the complaint and affidavit has the approval of an attorney for the Commonwealth prior to filing.

CRITICALCivil cases

Applies to

Statement of intention to proceed

A Statement of Intention to Proceed must follow the specified form.

The Statement of Intention to Proceed shall be in the following form: (Caption) Statement of Intention to Proceed TO THE COURT: intends to proceed with the above captioned matter. Date: Attorney for

CRITICALCivil cases

Applies to

Certificate of compliance

The mediator must file a certificate of compliance with the Prothonotary’s Office.

A certificate of compliance shall be filed by the mediator with the Prothonotary’s Office, confirming compliance.

CRITICALCivil cases

Applies to

Certificate of compliance

The certificate may state only that the party or parties complied with the local rules and must not specify attendance or disqualification.

Such certificate shall reflect only that such party or parties have complied with these local rules, but shall in no event detail that such compliance was comprised of attendance or disqualification, so as to ensure that confidentiality is not violated consistent with Local Rule 1940.7.

CRITICALCriminal cases

Applies to

Return of service

When the defendant has been found, the return of service must confirm the applicable plea and payment or collateral outcome stated in the rule.

When an arrest warrant is returned where the defendant has been found, the issuing authority shall ensure that the return of service by the police officer confirms: (1) that the defendant has signed a guilty plea and has paid the amount of fine and cost stated on the warrant; or (2) that the defendant has signed a not guilty plea and has paid the full amount of collateral stated on the warrant; or (3) that the defendant has paid fine and cost due as specified in the warrant if the warrant is for collection of fine and cost after guilty plea or conviction.

CRITICALCriminal cases

Applies to

Return of service

A return of service for a defendant who has been found must include the specified receipt and signatures or the Rule 456 hearing designation, subject to the officer-certification exception when the defendant refuses to sign.

The issuing authority shall not authorize payment or accept a return of service of an arrest warrant where the defendant has been found when the return of service is: (1) not a carbon copy of the receipt issued to the defendant setting forth the amount of fine and costs or collateral received from the defendant; and (2) is not signed by the defendant and the police officer; or (3) which is not otherwise designated "released for a Rule 456 hearing by District Justice ______" as provided for herein; (4) however, the issuing authority shall accept in lieu of the defendant's signature the police officer's certification, "defendant refused to sign" as full compliance with the procedures set forth herein for return of a warrant of arrest where the defendant has been found.

CRITICALCriminal cases

Applies to

Notice to respond

The notice to respond must include a place for the defendant's signature and a place to enter a guilty or not-guilty plea.

The police officer has provided a notice to respond to the defendant as addressed on the warrant that includes therein: i. a place for the defendant's signature; and ii. a place for entry of a plea of guilty or not guilty;

CRITICALCivil cases

Applies to

Complaint, counterclaim, or petition for child support, spousal support, or alimony pendente lite

Proceedings for child support, spousal support, or alimony pendente lite do not commence until a duplicate of the filing is filed with the Domestic Relations Office.

The filing of any complaint, counterclaim or petition for child support, spousal support, or alimony pendente lite with the Prothonotary does not commence proceedings for such relief until a duplicate is filed with the Domestic Relations Office.

CRITICALCriminal cases

Applies to

Petition

The petition must use the original case term and number when available; otherwise, it must use the specified expungement caption and receive a miscellaneous number from the Clerk of Courts.

The petition shall be captioned to the name or term and number of the original Court case if there is any such term and number in the proceedings, it shall be captioned "In the Matter of ________, Petition to Expunge", and given a miscellaneous number by the Clerk of Courts.

CRITICALCriminal cases

Applies to

Petition

After filing the petition, the petitioner, through counsel, must obtain a Rule Returnable from the Court Administrator's Office.

After the filing of the said petition with the Clerk of Courts, the petitioner, by petitioner's counsel, shall obtain a Rule Returnable from the Court Administrator's Office.

CRITICALCriminal cases

Applies to

Affidavit

If no answer is filed by the return date, the petitioner must file an affidavit of service showing proper service for the rule to be made absolute.

If no answer is filed by the District Attorney's Office on the return date and petitioner files an affidavit of service that said petition was served as required by the rule, said rule is to be made absolute.

CRITICALCriminal cases

Applies to

Search warrant application

Shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

Shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.

CRITICAL

Applies to

Brief

Briefs and memoranda must state the case name, court term and number, and the name, address, and email address of the attorney or, if unrepresented, the party.

endorsed with the name of the case, the court term and number, and the name, address, and electronic mail address of the attorney or the party if not represented by an attorney.

CRITICAL

Applies to

Brief

Briefs and memoranda must contain concise, separately titled statements or the listed sections in order, including the matter before the court, questions presented, operative facts, arguments with relevant authority propositions, and requested relief.

Briefs and memoranda of law shall contain concise and summary statements, separately and distinctly titled, or the following items in the order listed: (a) 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. (b) Statement of question(s) involved: State the issue(s) in question form containing factual context sufficient to present the praecipe matter to be decided by the Court, each susceptible of a yes or no answer, each followed by the answer desired or advocated. (c) Facts: State the operative facts. (d) Arguments: State the reason(s) why the court should answer the questions involved as proposed, including citations of the authorities relied on. An authority shall not be cited for general reference but in all cases shall be immediately preceded or followed by its relevant holding or particular proposition for which it stands. (e) Relief: State the specific action(s) requested of the court.

CRITICALCriminal cases

Applies to

Activity status certificate

An Activity Status Certificate must be filed with the Clerk of Courts within 30 days after service of the notice to prevent the case from being marked terminated.

unless an Activity Status Certificate is filed with the Clerk of Courts within thirty (30) days after service of the notice by mail, in person or by publication

WARNINGCivil cases

Applies to

Initial pleading or legal paper

An attorney should accompany each initial pleading or legal paper filed with a written entry of appearance.

Every initial pleading or legal paper filed with the Prothonotary or the Domestic Relations Office by an attorney should be accompanied by a written entry of appearance.

WARNINGCivil cases

Applies to

Motion

A special-management motion should state the other parties’ positions to the extent practical.

The Motion should include the position of other parties, to the extent practical.

WARNINGCivil cases

Applies to

Petition for waiver of certification

The Court may waive paragraph (2)'s requirements if the proposed guardian has comparable current certification in a related field, and a petitioner, proposed guardian, or other interested party may petition for that waiver.

The Court shall have discretion to waive the requirements of paragraph (2) if the proposed guardian can produce a comparable current certification in a related field. A petitioner, proposed guardian or other interested party may file a petition for waiver of certification with respect to a proposed guardian.

WARNINGCivil cases

Applies to

Periodical issue

The publication must deposit one copy of each issue with the Prothonotary and one with the Montgomery County Law Library for public reference.

One copy of each issue be deposited by the publication in the Office of the Prothonotary and one in the Law Library of Montgomery County for public reference.

WARNING

Applies to

Objections to unconfirmed schedule of distribution

Objections to an unconfirmed schedule may address only the schedule itself and cannot raise questions that were or could have been raised through claims or objections to the account.

Such objections may raise questions relating only to the schedule itself, and shall in no event raise questions which actually were or else could have been raised previously, by claims, or by objections to the account.

WARNING

Applies to

Brief

Briefs or memoranda of law are required only when the court specially orders them.

Briefs or memoranda of law shall be required only by special order of the court in every case.

WARNING

Applies to

Objections

Objections concerning only the appraised amount will be dismissed unless a definite, bona fide higher bid is made or facts warrant court consideration.

Objections which relate only to the amount of the appraisement will be dismissed unless a definite and bona fide higher bid for the property is made, or facts warranting consideration by the court appear.

WARNING

Applies to

Final decree submission

Must include

proposed order

If no objections are timely filed in a petition procedure, confirmation may be obtained by submitting the return to notices and a form of final decree to the court.

When the procedure is by petition, if no objections are filed on or before the time fixed in the preliminary decree, confirmation of the appraisement and allowance of the exemption may be obtained by submitting to the court the return to notices and a form of final decree.

WARNING

Applies to

Schedule of distribution

When advisable or requested, the court will direct the accountant’s attorney to prepare and file a schedule of distribution.

The court, when it appears advisable or when requested, will direct the attorney for accountant to prepare and file a schedule of distribution.

WARNING

Applies to

Appraisement

An appraisement is not required unless the Court orders one.

No appraisement shall be required unless ordered by the Court.

WARNINGCivil cases

Applies to

Objections and petition

The Objections and Petition must be substantially in the prescribed form, available online.

The Objections and Petition shall be in substantially the form set forth. The form referenced herein is available on-line at www.montcopa.org/courts.

WARNINGCivil cases

Applies to

Parenting coordinator roster application

An attorney or mental health professional seeking roster inclusion must submit a letter addressed to the Administrative Judge of the Family Division.

A letter addressed to the Administrative Judge of the Family Division.

WARNINGCivil cases

Applies to

Parenting coordinator roster application

A roster applicant must submit an acknowledgment accepting at least one pro bono assignment each calendar year, subject to possible adjustment by the Administrative Judge.

An acknowledgment that he or she must accept at least one (1) pro bono assignment each calendar year. The minimum requirement may be adjusted periodically subject to a determination by the Administrative Judge.

WARNINGCivil cases

Applies to

Parenting coordinator summary and recommendations

The Summary and Recommendations must specifically state how they were served on the parties.

Parenting Coordinator shall specifically state the manner of service of their Summary and Recommendations to the parties.

WARNINGCivil cases

Applies to

Parenting coordinator summary and recommendations

The Parenting Coordinator must include the rationale for the Recommendations in the Summary.

Parenting Coordinator shall include the rationale for their Recommendations in the Summary

WARNINGCivil cases

Applies to

Parenting coordinator summary and recommendations

The Summary must indicate whether a Recommendation requires the Court’s immediate attention.

will also indicate if it requires the Court’s immediate attention.

WARNINGCivil cases

Applies to

Bar member status report

Active bar members with a principal office in Montgomery County must file information about their law-practice affiliation with the Arbitration Administrator.

(2)Each active member of the bar of this Court who maintains his/her principal office within Montgomery County, shall file with the Arbitration Administrator information indicating whether said member is a sole practitioner, is a member of a firm or is associated with one or more lawyers.

WARNINGCivil cases

Applies to

Status change report

A covered bar member must immediately report a change in practice affiliation to the Arbitration Administrator.

Upon any change in the member’s status of practicing with or being associated with any other lawyer, said member shall immediately report such change to the Arbitration Administrator.

WARNINGCivil cases

Applies to

Praecipe

Selection of an arbitration board follows filing of a praecipe signed by all counsel, with notice to opposing counsel and any unrepresented parties.

(1)Upon the filing of a praecipe signed by all counsel, with notice to opposing counsel and any unrepresented parties, the Arbitration Administrator shall select the Board of Arbitrators, consisting of three (3) members of the Bar of this Court from the list of attorneys qualified to serve as follows:

WARNINGCivil cases

Applies to

Notice of proposed termination

The termination notice must state the proposed termination date and how to avoid termination.

The notice shall contain the date of the proposed termination and the procedure to avoid termination.

WARNINGCivil cases

Applies to

Notice of proposed termination

The termination notice must substantially follow the form provided in subdivision (d).

The notice required by subdivision (c) shall be in substantially the following form:

WARNINGCriminal cases

Applies to

Petition

The petition is recommended to be under oath.

The petition should be under oath.

INFOCivil cases

Applies to

Cover sheet

If either party requests oral argument on its cover sheet, the matter may be scheduled for argument.

If oral argument was requested by either party on their respective cover sheets, the matter may be scheduled for argument.

INFOCivil cases

Applies to

Praecipe

Parties may seek an earlier trial listing by filing a praecipe under Local Rule 212.1(d).

Parties may obtain an earlier listing for trial by filing a praecipe under Local Rule 212.1(d).

CRITICALCivil cases

Counsel must submit a proposed final decree.

Counsel shall submit a proposed final decree.

CRITICALCivil cases

A mediator-drafted Memorandum of Understanding or agreement must not be submitted to the Court in any proceeding.

No mediator-drafted Memorandum of Understanding or agreement shall be submitted to the Court in any proceeding.

CRITICALCivil cases

Applies to

Answer to preliminary objections

If required, the respondent must file an answer within 20 days after service, complying with the cited rules and including the specified accompanying documents.

The respondent shall file an answer to preliminary objections, if required: (a) in accordance with Pa.R.C.P. 1028 and Pa.R.C.P. 1029, (b) within twenty (20) days of the service of the preliminary objections, (c) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service.

CRITICALCivil cases

An answer to a motion for judgment on the pleadings must include a Rule 205.2(b) cover sheet, a Rule 210 brief or memorandum, a proposed order, and a certificate of service.

An answer to a motion for judgment on the pleadings is required from the non-moving parties: (a) in accordance with Pa.R.C.P. 1034, (b) within thirty (30) days of the service of the motion, (c) along with: (1) a cover sheet in the form set forth in Rule 205.2(b), (2) a brief or memorandum of law, as set forth in Rule 210, (3) a proposed order, and (4) a certificate of service

CRITICALCivil cases

Applies to

Settlement conference statement

Each party must file and serve a Settlement Conference Statement no later than 10 days before the conference, covering the listed party, property, dispute, resolution, expense, support, and other required information.

No later than ten (10) days prior to the Settlement Conference, each party shall file and serve the other party a Settlement Conference Statement which: (a) Provides biographical information of each party, including but not limited to, age, educational background, occupation history, income, health and children; (b) Contains any updates on valuation of property at issue and exhibits supporting same; (c) Identifies any and all legal or factual disputes or issues; (d) Contains a proposed resolution as to the distribution of all property including the proposed percent of distribution to each party; (e) An Expense Statement consistent with Pa. R.C.P. 1910.27; (f) A copy of any current support order and the status of any pending support proceeding; (g) Any additional information as identified by the Hearing Officer in the recommended order issued following the Initial Conference;

CRITICALCivil cases

Applies to

Answer

Must include

proposed order

An answer must be filed with the specified cover sheet, brief or memorandum, and proposed order.

The answer shall be filed along with: (a) a cover sheet in the form set forth in Local Rule 205.2(b), (b) a brief or memorandum of law, as set forth in Local Rule 210, and (c) a proposed order.

CRITICAL

A petition to sell real property at public sale must include the specified estate, property, fiduciary, interested-party, and notice information in separate paragraphs, in addition to Rule 5.10's requirements.

When it is required that a personal representative, trustee or guardian petition the court to sell real property at public sale, the petition (in addition to requirements of Rule 5.10) shall also set forth in separate paragraphs: (1) With respect to a decedent's estate, the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date of the grant of letters; (2) With respect to a minor's estate, the age of the minor; (3) With respect to a minor's estate or an incapacitated person's estate, the nature and extent of the interest of the ward, and of other persons in the real property; (4) With respect to property of an incapacitated person, the guardian shall include an averment whether the guardian knows or has reason to know of any objection of the ward to the sale of the real property, and shall describe the nature and circumstances of any such objection, whether stated before or after the adjudication of incapacity; (5) how title to the real property was acquired, stating the date and place of probate of the will or recording of the deed; (6) a recital of the relevant provisions of the will, trust or deed pertaining to the real property to be sold, and of the history of the trust; (7) that the fiduciary is not otherwise authorized to sell the real estate by the Act; or is not authorized or is denied the power to do so by the will or trust, or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (8) whether an inventory and appraisement has been filed; the total value of the property shown therein; and the value at which the real property to be sold was included therein; (9) if the fiduciary entered bond, the name of the surety and the amount of such bond; (10) the names and relationships of all interested parties, including the next of kin of any minor or incapacitated person, a brief description of their respective interests; whether any of them are minors, incapacitated persons or deceased, and if so, the names of their fiduciaries, if any; and the notice given to each such party in interest of the filing of the petition; (11) the improvements on the property, by whom it is occupied, its rental value and current tax assessment;

CRITICAL

Accounts and the specified petitions must include a completed checklist in the form available on the Montgomery County website.

Every account, petition for adjudication of account, and petition for appointment of a plenary permanent guardian of the estate of an incapacitated person must be accompanied by a completed checklist, in the form available on the Montgomery County website at the following link: http://www.montcopa.org/206/Orphans-Court-Adoption-Information.

CRITICAL

Before filing an account, the filer must complete the checklist and mark YES or N/A in the preparer column for each listed item to indicate whether it is included in the audit papers or account.

Persons wishing to file an account must first complete this form, indicating in "preparer" column (YES or N/A) whether the items listed are included in the audit papers and/or the account.

CRITICAL

Account filers must complete the checklist by indicating whether each item is included; items marked as required in all cases must be provided, and incomplete filings may be rejected.

Persons wishing to file an account must first complete this form, indicating in "preparer" column (YES or N/A) whether the items listed are included in the audit papers and/or the account. Items that are required in all cases are printed in BOLD. Upon review by the staff of the Clerk’s Office, the account and related audit papers may be accepted for filing if complete or rejected if incomplete.

CRITICAL

Applies to

Trust instrument

The trust instrument and any amendments must be filed or e-filed with the clerk when the court first exercises jurisdiction over the trust.

The original, or a copy certified by counsel to be true and correct, of the trust instrument and any amendments thereto, shall be filed or e-filed with the clerk when the court is first required to exercise its jurisdiction over the inter vivos trust.

CRITICAL

In appropriate cases, the court may authorize specified investments instead of bond; the no-withdrawal restriction must be recorded, and marked evidence of the deposit or investment must be promptly shown to the clerk.

In lieu of the entry of bond, the court in appropriate cases may authorize the guardian to deposit the funds of the minor in an interest bearing account or to purchase shares of a building and loan association or Federal savings and loan association which has an office located in Montgomery County, in accordance with the provisions of Probate, Estates and Fiduciaries Code § 5103, subject to the express restriction, to be noted on the records of the institution, that no withdrawals shall be made therefrom without order of court, and that the evidence of the deposit or investment, marked to indicate the restriction, shall be promptly exhibited to the clerk.

CRITICAL

The clerk must not issue a guardian’s certificate of appointment until the court approves the bond and surety, if bond is required.

If bond is required of a guardian, the clerk shall not issue the certificate of his or her appointment until the bond and surety have been approved by the court.

CRITICAL

The petition must include any surety's written consent and orders to satisfy awards from all other parties.

Written consent of the surety, if any, shall be attached to the petition, and orders to satisfy awards from all other parties shall be submitted therewith.

CRITICAL

Applies to

Petition

A petition concerning a proposed mortgage or lease must include the specified appointment document and interested parties’ consents, joinders, or notice materials.

The following exhibits shall be attached to the petition:

CRITICAL

Applies to

Petition

A small-estate petition must state the specified information about the petitioner, decedent, beneficiaries, family exemption, estate inventory, claims, notice, and requested distribution.

A petition under Probate, Estates and Fiduciaries Code § 3102 for distribution of small estates shall set forth:

CRITICAL

Applies to

Petition

A small-estate petition must include the applicable will, obtainable joinders, an itemized list of prefiling disbursements, and a Register of Wills certificate showing inheritance-tax status.

There shall be attached to the petition the following exhibits:

CRITICALCivil cases

Applies to

Transcript request form

Litigants claiming economic hardship must attach a fully completed In Forma Pauperis Petition to their transcript request form, even if IFP status was previously granted.

Litigants claiming economic hardship must attach to their transcript request form a fully completed In Forma Pauperis Petition pursuant to Pennsylvania Rule of Civil Procedure 240, even if IFP status was previously granted on the case.

CRITICALCivil cases

Applies to

Motion to commence equitable distribution scheduling

The motion must identify the claims at issue and settled, state whether any settlement should become a court order, and certify that the completed inventory was filed and served.

A Motion to Commence Equitable Distribution Scheduling may be filed in compliance with Pa.R.C.P. 1920.31 and 1920.33 and shall state specifically what claims are at issue, what claims have been settled by agreement and whether any such agreement is to be entered as a court order. The motion shall include a certification that the completed inventory has been filed and served on the other party.

CRITICALCivil cases

Applies to

Land use appeal settlement

Every Land Use Appeal settlement must include the prescribed verification, containing the listed representations and signed by the parties or counsel authorized by them.

Any Settlement of a Land Use Appeal shall include a Land Use Appeal Settlement Stipulation Verification. We, the undersigned, are competent and authorized to execute this Verification, as required by Local Rule of Civil Procedure 14(i), verifying the following: 1. The attached settlement stipulation involves a justiciable land use appeal, which (a) arises from a properly advertised public meeting or hearing where a record certified in accordance with Local Rule of Civil Procedure 14(c)(iii) was made before the associated municipal agency, and the public and potential objectors had an opportunity to participate in accord with the Pennsylvania Municipalities Planning Code and Sunshine Law, as amended respectively; and as such (b) confers jurisdiction on this Court in accord with the Pennsylvania Municipalities Planning Code or other lawful land use action such as mandamus; 2. The attached settlement stipulation does not involve any property that was not part of the underlying application or action before the associated municipal agency; 3. The attached settlement stipulation does not approve or grant relief from any ordinance regulation not properly before the associated municipal agency as part of the underlying application or action; 4. The attached settlement stipulation does not provide for this Court's continuing jurisdiction and expressly states that upon this Court's approval of the settlement stipulation, any and all underlying appeals shall be immediately marked "settled, discontinued and ended" by the Prothonotary; and 5. The attached settlement stipulation does not arise from a matter commenced by and immediately following the filing of a writ of summons praecipe under Pa.R.C.P. 1007(1), where no complaint is filed of record expressly identifying the underlying action as one involving a justiciable land use appeal. DATE: Signed by Parties or Counsel Authorized by Parties

CRITICALCivil cases

Applies to

Motion for approval of discontinuance

A motion for approval of discontinuance must request a rule to show cause on its cover sheet and be followed by an order form, petition, and original executed stipulation.

A motion for approval of discontinuance may be filed pursuant to Pa.R.C.P. 208.1 et seq., and Montgomery County Local Rules of Civil Procedure 208.2, et seq. A rule to show cause shall be requested on the cover sheet. The cover sheet should be followed by a form of order approving the discontinuance, by a petition, and by the original stipulation executed by counsel for plaintiff and counsel for the party against whom proceedings are being discontinued.

CRITICALCivil cases

A person requesting satisfaction of a judgment must provide an affidavit and, if the Prothonotary requires it, additional proof of ownership or fulfillment of Pa.R.C.P. 205.1.

Whenever the Prothonotary is requested to mark any judgment satisfied, whether by praecipe or otherwise, the person making or filing the request shall first satisfy the Prothonotary by affidavit, and, if required by the Prothonotary, by additional proof that said person is the owner of the judgment to be marked satisfied or has fulfilled the requirements of Pa.R.C.P. 205.1.

CRITICALCivil cases

Applies to

Notice

The notice must identify the action and warn its recipient of the requirement and consequences of joining.

Notice required by this rule shall contain a statement of the pendency of the action, shall state the Prothonotary's number of the action, the parties thereto and its nature and that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice or his cause of action will be barred and the action will proceed without said person.

CRITICALCriminal cases

Police officers executing arrest warrants must have a signed, dated verification on file concerning the truth of facts in their returns of service.

Warrants of arrest shall be issued for execution only to police officers as defined in Rule 103 who have on file with the issuing authority signed and dated verifications that all facts set forth in any return of service being made by the police officer are being set forth in each such return of service as true and correct to the best of the police officer's knowledge, information and belief under the understanding that false statements therein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

CRITICALCriminal cases

Applies to

Petition

An expungement petition must include the petitioner's identifying information, address, relevant criminal matter and proceedings, reason for expungement, and prior felony or misdemeanor convictions.

A person desiring to expunge the record involving any criminal arrest or other criminal matter, except a Section 17 Disposition under the Drug Act, shall: File a petition which shall contain the following: The name, date of birth and social security number of the petitioner and any names or aliases which the petitioner has used. The address of the petitioner. The crime or crimes upon which the petitioner was arrested or the matter which the petitioner desires to have expunged, and a summary of all proceedings which took place after the arrest, including the names of all police departments involved, the name of the District Justice involved in the case, and the Official Tracking Number (OTN). The reason why the record or matter should be expunged. Any previous criminal convictions of a felony or a misdemeanor in any jurisdiction in which the petitioner had been convicted.

WARNINGCivil cases

Applies to

Plans

If the Court requests them, paper copies of plans larger than 8½ by 11 inches must be submitted to the Court.

Upon request of the Court, paper copies of plans greater than 8 1/2" × 11" shall be submitted to the Court.

WARNINGCivil cases

A roster applicant must submit the completed Affidavit in substantially the prescribed form.

The completed Affidavit in substantially the form set forth. The form referenced herein is available on-line at www.montcopa.org/courts.