Court of Common Pleas of Northumberland County, Pennsylvania Document Filing Requirements
220 rules from official source documents
Required elements, certificates, and structural requirements for court documents.
CRITICAL
- Applies to
- Periodic report of guardian
The periodic report of a guardian of the person must substantially follow the form provided.
The periodic report of guardian of the person of an incapacitated person referred to in Rule NOC-14.2A and Rule NOC-14.4D shall be substantially in the following form:
CRITICAL
- Applies to
- Filing
When required, the accountant must file a copy of any Attorney General response before confirmation.
E. If notice is required to be given the Attorney General pursuant to Pa. O.C. Rule 5.5, proof of service of said notice and a copy of any response of the Attorney General shall be filed by the accountant prior to confirmation.
CRITICAL
- Applies to
- Statement of proposed distribution
If completing the tax schedule, the statement gives the tax rate and total tax paid.
(b) State the tax rate and the total amount of tax paid: Tax Rate _____ $ Tax Paid _____
CRITICALCivil cases
- Applies to
- Petition
Petitions addressed to the Court must be filed with the Prothonotary, who must promptly file-stamp them and make a brief docket entry.
(5) All petitions addressed to the Court shall be filed with the Prothonotary, who shall promptly file-stamp same and make a brief docket entry.
CRITICALCivil cases
- Applies to
- Petition for modification or contempt
A petition for modification or contempt must include a copy of the most recent custody order.
A copy of the most recent custody order shall be attached to the petition for modification or contempt.
CRITICALCivil cases
- Applies to
- Award
The computation form must be appended when the Award is filed.
the computation form must be appended when the Award is filed.
CRITICALCivil cases
- Applies to
- Pre arbitration memorandum
(d) At the time the moving party files an arbitration certificate of readiness specified in subsection (b) above, the moving party shall also file a Pre-Arbitration Memorandum which sets forth: (1) a narrative statement of the facts which will be offered into evidence by that party; (2) a statement of legal theory upon which the cause of action or defense is predicated; (3) a complete list of witnesses to be called and the anticipated areas of each witness’s testimony; (4) a complete list of exhibits to be presented; (5) a statement setting forth an itemized list of the damages that a party intends to claim and prove; (6) a rough sketch illustrating the incident giving rise to the cause of action (where appropriate); and (7) a statement of any unusual or intricate legal issues or claims together with a citation of legal authorities relied upon. The non-moving party shall file its Pre-Arbitration Memorandum within (20) days of receipt if the moving party’s Memorandum. The non-moving party’s Pre- Arbitration Memorandum shall contain the same seven topic as the moving party’s Memorandum.
(d) At the time the moving party files an arbitration certificate of readiness specified in subsection (b) above, the moving party shall also file a Pre-Arbitration Memorandum which sets forth: (1) a narrative statement of the facts which will be offered into evidence by that party; (2) a statement of legal theory upon which the cause of action or defense is predicated; (3) a complete list of witnesses to be called and the anticipated areas of each witness’s testimony; (4) a complete list of exhibits to be presented; (5) a statement setting forth an itemized list of the damages that a party intends to claim and prove; (6) a rough sketch illustrating the incident giving rise to the cause of action (where appropriate); and (7) a statement of any unusual or intricate legal issues or claims together with a citation of legal authorities relied upon. The non-moving party shall file its Pre-Arbitration Memorandum within (20) days of receipt if the moving party’s Memorandum. The non-moving party’s Pre- Arbitration Memorandum shall contain the same seven topic as the moving party’s Memorandum.
CRITICAL
- Applies to
- Motion
The motion objecting to appointment of an auditor must state the reasons for the objection.
Any person who objects to the appointment of an auditor shall file a motion within ten (10) days of notice of the filing of the motion requesting the appointment of an auditor, setting forth therein the reasons for the objection.
CRITICAL
- Applies to
- Nolle prosequi motion
When a nolle prosequi is not pursuant to a plea agreement, the Commonwealth must present its motion in open court.
A motion by the Commonwealth for a nolle prosequi shall be presented in open court where the reason for the nolle prosequi is other than pursuant to a plea agreement.
CRITICAL
- Applies to
- Periodic account
- Must include
- certificate of service
The petitioner must certify service of the periodic account on all persons in interest listed in the original petition, as amended in paragraph 5.
9. I certify that I have served a copy of this periodic account to all those persons in interest listed in the original petition, as may be amended in paragraph 5 of this account.
CRITICALCivil cases
- Applies to
- Petition
At filing, the petition must be accompanied by a stamped, addressed envelope and sufficient copies of the petition and proposed rule or other proposed order for each attorney of record and unrepresented party.
(6) The petition must be accompanied at the time of filing with stamped, addressed envelopes for each attorney of record and any unrepresented party along with sufficient copies of the petition and proposed rule to show cause or other proposed order for each of them.
CRITICAL
- Applies to
- Status report
A guardian’s periodic status reports must substantially follow the form prescribed by Rule NOC-14.9.
The periodic status reports required of a guardian of the person of an incapacitated person shall be in substantially the form prescribed by Rule NOC-14.9.
CRITICAL
- Applies to
- Notice and citation
The petitioner must obtain a completed notice and citation from the Clerk of the Orphans’ Court.
Petitioner shall be responsible for obtaining a completed notice and citation from the Clerk of the Orphans' Court,
CRITICALCivil cases
- Applies to
- Filed paper
- Must include
- caption, case number
The first page must list attorney and firm information in the stated order, identify the represented party, and place the case caption and case number as specified.
Beginning at the left-hand margin 3” from the top of the page, the attorney name, attorney identification number, firm name, address and telephone number shall appear in that order. It must state the designation of the party being represented, i.e. “Attorney for Plaintiff” or “Attorney for Defendant [name].” The case caption shall follow with the number appearing on the right side.
CRITICAL
- Applies to
- Brief
A brief’s statement of questions must identify the precise legal issues before the Court.
2. The statement of questions must show the precise legal issues which are before the Court.
CRITICAL
- Applies to
- Notice and citation
The notice and citation referred to in Rule NOC-14.1C must substantially follow the form provided in Rule NOC-14.5.
The notice and citation referred to in Rule NOC-14.1C shall be substantially in the following form:
CRITICAL
- Applies to
- Account
The account must state whether a reserve is requested and, if so, its amount and purpose.
- 15. Indicate whether a reserve is requested and, if so, state the amount and purpose thereof:
CRITICALCivil cases
- Applies to
- Document containing confidential information
Persons filing documents containing confidential information must use the Confidential Information Form.
Pursuant to Section 7, subsection C of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents that contain confidential information as defined by the Policy shall utilize the Confidential Information Form to safeguard confidential information.
CRITICAL
- Applies to
- Deficiency notice
After consulting with the Court, the Court Administrator must notify an individual with a deficient pleading using the specified notice.
The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency of his pleading. Notice to an individual who has filed a deficient pleading shall be as follows: NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY WHICH IS NOT IN COMPLIANCE WITH THE LAW, RULE OF COURT, OR FEE SCHEDULE. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN PREJUDICE TO YOUR RIGHTS OR CLAIM. YOU SHOULD CONSULT A LAWYER IMMEDIATELY. IF YOU CANNOT AFFORD A LAWYER, THE COURT MAY APPOINT ONE ON YOUR BEHALF. IF YOU BELIEVE YOU QUALIFY, CONTACT THE FOLLOWING OFFICE: COURT ADMINISTRATOR NORTHUMBERLAND COUNTY COURTHOUSE SUNBURY, PENNSYLVANIA 17801 TELEPHONE (717) 988-4167
CRITICAL
- Applies to
- Petition
A trustee petition for a public sale must include the specified title, trust, interested-party, property, authority, and best-interest information.
(2) When it is required that a trustee petition the Court to sell real property at public sale, - (a) how title was acquired, if by Will or Deed by stating the date and place of probate of the Will or recording of the Deed, or, if this information is found in the trust instrument, by referring thereto; - (b) a recital of the relevant provisions of the Will, Deed or trust instrument pertaining to the real property to be sold; - (c) a recital of the history of the trust; - (d) the names and relationships of all parties in interest, whether any of them are minors, incompetents or estates of deceased; and if so, the names of their fiduciaries, if any, and a brief description of the parties' interests in the property; - (e) the improvements on the property, by whom it is occupied, if anyone, its rental value and its current tax assessment; - (f) that the trustee is not otherwise authorized by statute to sell the property or is denied the power by the trust instrument, or that it is advisable that the sale have the effect of a judicial sale stating the reasons therefore; and - (g) sufficient facts to enable the Court to determine that the proposed sale is in the best interest of the trust.
CRITICAL
- Applies to
- Written notice
Written notice of the account and proposed-distribution statement filing must substantially follow the form prescribed by Rule NOC-17.2.
C. Forms. The written notice of the filing of the account and statement of proposed distribution shall be substantially in the form prescribed by Rule NOC-17.2.
CRITICAL
- Applies to
- Return
A return seeking court approval or confirmation of a public sale of real property must be an affidavit stating the notice given, price obtained, and purchaser’s name, address, and status as highest bidder.
A return filed for the purpose of approval of confirmation by the Court of the public sale of real property shall be in the form of an affidavit, which shall set forth: - (a) the type of notice given to all parties; - (b) the price obtained; and - (c) the name and address of the purchaser and that he was the highest bidder.
CRITICAL
- Applies to
- Return of service
The petitioner must file a return of service conforming to Pa. R.C.P. No. 405 and confirming that the petition, notice, and citation were read and explained as far as possible.
Petitioner is responsible for filing a return of service conforming to Pa. R.C.P. No. 405, which also confirms that the contents of the notice and citation and of the petition were read and, to the extent possible, explained, to the respondent as set forth in paragraph C, above.
CRITICAL
- Applies to
- Periodic account
The periodic account must represent that it correctly states all receipts and disbursements known to the petitioner.
7. I represent that the foregoing account contains a correct statement of all receipts and disbursements which have come to my knowledge.
CRITICALCivil cases
- Applies to
- Pretrial statement
The pretrial statement must analyze each relevant Section 3502 factor and detail its applicability or inapplicability to the case.
In addition to the items required in Pa.R.C.P. No. 1920.33(b), the pretrial statement shall include an analysis of each of the relevant factors in Section 3502 of the Divorce Code setting forth in detail their applicability or inapplicability in the case at hand.
CRITICALCivil cases
- Applies to
- Recusal request
A recusal request must state specifically why the appointed Board member should not act as an arbitrator.
Any request for recusal of an appointed Board member shall be submitted to the Office of the Court Administrator within seven days of the appointment of the arbitrator setting forth specifically the reason the Board member should not act as an arbitrator.
CRITICALCivil cases
- Applies to
- Certificate of service
- Must include
- certificate of service
A certificate of service for the modification or contempt petition and scheduling order must be filed with the Prothonotary by the scheduled conference.
The Petitioner(s) shall serve the petition for modification or contempt and the scheduling order upon the Respondent(s) promptly in accordance with the applicable Rules of Civil Procedure and shall thereafter file a certificate of service with the Prothonotary before or on the date of the scheduled conference.
CRITICAL
- Applies to
- Written notice
Written notice of the account filing and auditor-appointment request must substantially follow the form prescribed by Rule NOC-17.3.
The written notice of the filing of the account and request for the appointment of an auditor shall be substantially in the form prescribed by Rule NOC-17.3.
CRITICAL
- Applies to
- Transportation order
Defense counsel is responsible for obtaining an incarcerated defendant's transportation order; if the defendant is unrepresented or pro se, the District Attorney must arrange transportation.
The attorney representing a defendant who is incarcerated is responsible for obtaining a transportation order to secure the defendant's appearance at trial or hearing. If a defendant is unrepresented by counsel or is proceeding pro se, the District Attorney shall arrange for transporting the defendant for trial or hearing.
CRITICAL
- Applies to
- Account
An account must include a separately itemized fees, commissions, and expenses subsection at the end of its disbursement section, substantially in the prescribed form.
A. In addition to the requisites of the form of the account of Pa. O.C. Rule 6.1, the account shall contain, at the end of the disbursement section, a subsection under the heading "ATTORNEY'S AND FIDUCIARY'S FEES, COMMISSIONS AND EXPENSES" which shall indicate separately the total amount of all disbursements which have been made for the purpose of paying attorney's fees and expenses and the total amount of all disbursements which have been made for the purpose of paying the fiduciary's fees or commissions and which have been made for the purpose of paying the fiduciary's expenses. This subsection shall be substantially in the form prescribed by Rule NOC-17.1.
CRITICAL
- Applies to
- Exceptions
Each exception must briefly state its supporting reason or reasons.
(3) set forth briefly the reason or reasons in support thereof.
CRITICALCivil cases
- Applies to
- Order and text of new rules
The Deputy District Court Administrator must submit the Order and new rules to the Legislative Reference Bureau in two certified paper copies and one compliant diskette or CD-ROM copy.
File this Order and text of the new rules with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin by submitting two (2) certified paper copies and one (1) computer diskette or CD-ROM copy which complies with 1 Pa. Code § 13.11(b).
CRITICALCivil cases
- Applies to
- Praecipe for argument
The praecipe must note when resolving factual issues requires testimony before the Court.
Where the resolution of factual issues necessitates the taking of testimony before the Court, such fact shall be noted on the praecipe.
CRITICALCivil cases
- Applies to
- Certified copy of local rule
The Deputy District Court Administrator must file one certified copy of the local rule with the Domestic Relations Procedural Rules Committee.
File one (1) certified copy of the local rule with the Domestic Relations Procedural Rules Committee.
CRITICALCivil cases
- Applies to
- Proposed order
Proposed orders must be attached separately, except a proposed rule to show cause or order for hearing must follow any required cover sheet as the first page.
Any proposed orders shall be separately attached, except a proposed rule to show cause or order for hearing which shall be attached as the first page after any cover sheet required by NCV-205.2(b).
CRITICAL
- Applies to
- Proposed findings of fact
The petitioner must provide adoptable proposed findings at or before the hearing, with separately numbered statements of the facts needed to obtain the requested relief.
Petitioner shall provide to the Court, at or before hearing, proposed findings of fact in a form suitable for adoption by the Court at hearing. Such findings shall include, inter alia, in separately numbered statements, at least the facts petitioner intends to establish which are required in order for the Court to grant the relief requested.
CRITICAL
- Applies to
- Account
The account must include any other information about unusual circumstances not previously mentioned.
- 17. Set forth any other information concerning unusual circumstances not previously mentioned:
CRITICAL
- Applies to
- Transcript request
A party requesting a full or partial transcript must file the original written request with the District Court Administrator.
Pursuant to Pa.R.J.A. No. 4007, for an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original written request with the Office of the District Court Administrator.
CRITICAL
- Applies to
- Notice
Notices to residuary legatees and to claimants or distributees not being paid in full must include a copy of the account and a verified inventory of all the deceased’s real and personal property.
A copy of the account and a verified inventory of all real and personal property of the deceased shall be attached to the notice given to all residuary legatees and all claimants and distributees who are not being paid in full.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement identifies known unpaid creditors and their addresses and specifies which claimed amounts are admitted.
9. Set forth the names and addresses of unpaid creditors from whom the fiduciary has received written notice or of whom the fiduciary has actual notice. Also, set forth which of the amounts claimed are admitted:
CRITICAL
- Applies to
- Petition
The petition must include a notice and citation substantially in the form prescribed by Rule NOC-14.5.
The petition shall include a notice and citation, substantially in the form prescribed by Rule NOC-14.5.
CRITICALCivil cases
- Applies to
- Arbitration witness report
The written report must identify the party’s hearing witnesses and estimate presentation time; only reported witnesses may testify unless the Board allows otherwise, and the Board may limit the time of a party that does not timely provide an estimate.
Within 10 days of the notice of the arbitration hearing, any opposing party or opposing counsel shall submit a written report to the Court Administrator listing the names of their witnesses who will be used at the hearing and an estimate of the time required to present their case. ONLY THOSE WITNESSES LISTED BY THE PARTIES, AND REPORTED AS REQUIRED IN THE RULE, WILL BE PERMITTED TO TESTIFY AT THE ARBITRATION HEARING, UNLESS THE BOARD ALLOWS OTHERWISE. ANY PARTY THAT DOES NOT TIMELY PROVIDE THE ESTIMATE OF THE TIME REQUIRED TO PRESENT THEIR CASE MAY, IN THE DISCRETION OF THE BOARD OF ARBITRATION, BE LIMITED IN TIME TO PRESENT THEIR CASE.
CRITICALCivil cases
- Applies to
- Transcript request
A party requesting an ordinary transcript must file an original written request with the Office of the District Court Administrator.
Pursuant to Pa.R.J.A. No. 4007, for an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original written request with the Office of the District Court Administrator.
CRITICAL
- Applies to
- Petition
A public-sale petition by a personal representative, trustee, or guardian must attach the listed instruments, consent or joinder information and notice proof, and an appraisal.
The following exhibits shall be attached to a petition filed by a personal representative, trustee or guardian, to sell real property at public sale: - (1) A copy of the Will, Deed, trust instrument or decree through which the fiduciary was appointed; - (2) Any consents or joinders of parties in interest and the names of parties who do not consent or join and proof that they have been given notice of the filing of the petition; - (3) An appraisal; and
CRITICALCivil cases
- Applies to
- Notice of change of address
A change of address must be filed promptly on a separate paper titled “Notice of Change of Address.”
Any change of address shall be promptly filed on a separate paper entitled “Notice of Change of Address.”
CRITICALCivil cases
- Applies to
- Arbitration witness report
The written report must list the opposing party's hearing witnesses and estimate the time required to present its case.
(c) Within 10 days of the notice of the arbitration hearing, any opposing party or opposing counsel shall submit a written report to the Court Administrator listing the names of their witnesses who will be used at the hearing and an estimate of the time required to present their case.
CRITICALCivil cases
- Applies to
- Petition for severance or bifurcation
Requests for severance or bifurcation must be made by petition filed with the Prothonotary and processed through the Office of the Court Administrator.
All requests for severance or bifurcation shall be set forth by petition filed with the Prothonotary and shall be processed through the Office of the Court Administrator.
CRITICALCivil cases
- Applies to
- Document containing confidential information
Parties or attorneys must file a Certificate of Compliance with documents containing confidential information.
Parties or attorneys shall file a Certificate of Compliance with such documents.
CRITICAL
- Applies to
- Indigency affidavit or in forma pauperis petition
An accused asserting inability to pay the administrative fee must have the matter handled by the issuing authority through an indigency affidavit or a petition to proceed in forma pauperis.
If the accused asserts an inability to pay the administrative fee set forth in this rule, the matter shall be handled by the issuing authority through the filing of an affidavit by the defendant declaring his indigency or petition to proceed in forma pauperis.
CRITICALCivil cases
- Applies to
- Arbitration certificate of readiness
- Must include
- caption
The arbitration certificate of readiness must include the case caption, trial counsel contact information, specified certifications, and witness and presentation-time information.
1. the caption of the case; 2. name, address and phone number of trial counsel for all parties; 3. certification that all outstanding motions are resolved; 4. certification that discovery has been completed and disclosure made to the other parties of any and all reports to be utilized at the arbitration hearing; and 5. a complete list of all witnesses who are to be called at the time of the arbitration hearing and an estimate of the time that will required to present that parties portion of the case.
CRITICALCivil cases
- Applies to
- Uncontested motion
- Must include
- proposed order
Counsel for the moving party must provide a proposed order for an uncontested motion.
and provide a proposed order.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement includes the decedent’s spouse’s name and address.
5. Set forth the name and address of the decedent's spouse:
CRITICAL
- Applies to
- Notice to defend
A Notice to Defend must conform to Pa. R.C.P. No. 1018.1 and Rule NCV-1018.1.
The Notice to Defend shall conform to Pa. R.C.P. No. 1018.1 and Rule NCV-1018.1.
CRITICAL
- Applies to
- Dependency petition
A dependency petition must begin with a notice to defend substantially in the form provided in Form B.
C. The petition shall begin with a notice to defend in substantially the form set forth in FORM B of these rules.
CRITICAL
- Applies to
- Exhibit submission
At the conclusion of the proceeding, the proponent must submit the offered exhibits and a numbered list describing each exhibit and stating whether it was admitted or rejected.
At the conclusion of the proceeding, the proponent shall submit to the Court 1) the exhibits offered into evidence; and 2) a numbered list of exhibits offered into evidence including a) a textual description or identification of each exhibit; and b) whether the exhibit was admitted into or rejected from evidence by the Court.
CRITICAL
- Applies to
- Proposed decree of distribution
- Must include
- proposed order
The accountant must file a proposed decree of distribution before confirmation, with signature spaces for every Court member.
Prior to the date of confirmation, a proposed decree of distribution shall be filed by accountant. The proposed decree shall contain spaces for signature by all members of the Court.
CRITICAL
- Applies to
- Ancillary petition or application
- Must include
- proposed order
An ancillary petition or application not addressed by the rules must be presented separately, filed and forwarded to the Court Administrator with a proposed returnable citation and proposed order.
Any petition or application ancillary to a proceeding involving adjudication of incapacity and/or appointment or removal of a guardian which is not specifically addressed in these rules, such as applications for discovery, for special hearing arrangements, for Court directed mental or physical examination, for determination of persons to be notified of hearing, and the like, shall be presented by separate application filed and forwarded to the Court Administrator with both a proposed citation returnable and a proposed order awarding the relief requested.
CRITICAL
- Applies to
- Objections
Objections must be written, consecutively numbered, signed, specific as to description and amount, limited to one issue each except for related objections, and briefly state their supporting reasons.
A. All objections shall be in writing, numbered consecutively, signed by the objector or his attorney, and each objection shall: - (1) be specific as to description and amount; - (2) raise but one (1) issue of law and fact, but if there are several objections to items included in or omitting from the account or schedule of distribution relating to the same issue, all such objections shall be included in the same objections; and - (3) set forth briefly the reason or reasons in support thereof.
CRITICAL
- Applies to
- Post trial motion
Trial counsel must file and argue a defendant's post-trial motion for a new trial or in arrest of judgment unless successor counsel has appeared or the Court has granted permission to withdraw.
A. Where a defendant desires to file post-trial motions for a new trial or in arrest of judgment, it shall be the obligation of trial counsel to file the same. Trial counsel shall also be required to argue the motions unless succeeding counsel has entered his appearance or permission to withdraw has been granted by the Court.
CRITICALCivil cases
- Applies to
- Arbitration hearing notice
The arbitration hearing notice must include the specified warning about an absent party and the lack of a right to trial de novo from a judge’s decision.
The Notice shall include the following language: “The 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 trial de novo on appeal from a decision entered by a judge.”
CRITICAL
- Applies to
- Exceptions
Each exception may raise only one issue of law or fact, and exceptions concerning the same issue must be included together.
(2) raise but one (1) issue of law or fact, but if there are several exceptions relating to the same issue, all such exceptions shall be included in the same exception;
CRITICAL
- Applies to
- Adoption decree
An adoption decree submitted to the Court under Rule NOC-15.8 must substantially follow the prescribed form and include its specified findings and order.
The decree to be submitted to the Court in an adoption required by Rule NOC-15.8 shall be substantially in the following form:
CRITICALCivil cases
- Applies to
- Praecipe for argument
A party seeking an oral-argument date and time must file a praecipe for argument with the Prothonotary.
In order to obtain a date and time for oral argument, a party shall file a praecipe for argument with the Prothonotary, who shall forward to the Court Administrator.
CRITICAL
- Applies to
- Private criminal complaint
A private criminal complaint submitted for approval must include the affiant's certifications about prior submission to law enforcement, the investigating officer, and why proceedings were not initiated.
In every private criminal complaint submitted to the Office of the District Attorney for approval under Pa. R. Crim. P. 133(a), the affiant shall certify the following information: - (1) That the complaint has been previously submitted to the law enforcement agency having principal jurisdiction over the site of the alleged offense; - (2) The name of the law enforcement officer who investigated the affiant's complaint; and - (3) The reason that the responsible law enforcement agency did not initiate criminal proceedings based upon the affiant's information.
CRITICAL
- Applies to
- Petition for public sale of real property
A petition for public sale of real property must state the required matters in separate paragraphs.
A. In addition to the requisites of Pa. O.C. Rule 12.9, a petition for the public sale of real property shall set forth, in separate paragraphs the following:
CRITICAL
- Applies to
- Statement of proposed distribution
The statement indicates whether the estate is subject to Federal Estate Tax and gives the closing-letter receipt date if received; otherwise, it includes the personal representative’s stated information, knowledge, and belief that the taxes were paid in full under the filed return.
13. Indicate whether the estate is subject to the Federal Estate Tax and the date of receipt of a Federal Estate Tax closing letter (if it has been received). If the letter has not been received, indicate that to the personal representative's information, knowledge and belief, the Federal Estate Taxes have been paid in full in accordance with the return filed:
CRITICAL
- Applies to
- Exceptions
Each exception must specifically identify the description and amount at issue.
(1) be specific as to description and amount;
CRITICALCivil cases
- Applies to
- Praecipe for arbitration
A praecipe for arbitration must be signed by a party or that party’s counsel to serve as the filing basis for referral.
A civil action will be referred to arbitration (if the request for relief is in the jurisdictional limits for compulsory arbitration) upon the filing with the Prothonotary of a praecipe for arbitration signed by either party or its counsel, or by order of court.
CRITICALCivil cases
- Applies to
- Report and award
The Report and Award must show only the total amount.
Only the total amount shall be shown on the Report and Award
CRITICAL
- Applies to
- Statement of proposed distribution
The statement indicates whether the decedent married after executing a will or codicil and identifies any will or codicil executed before the marriage.
(b) Indicate whether the decedent married after the execution of the Will or Codicils (if any) and which of the said Will or Codicils was executed prior to the marriage:
CRITICALCivil cases
- Applies to
- Financial disclosures
No hearing shall be scheduled within the thirty (30) day period following the service of the Complaint or petition, this being the time period within which the parties are required pursuant to Pa.R.C.P. No. 1920.31(a)(1), to file the most recent federal income tax return, pay stubs for the preceding six months, and a completed income and expense statement in the form required in an action for support.
No hearing shall be scheduled within the thirty (30) day period following the service of the Complaint or petition, this being the time period within which the parties are required pursuant to Pa.R.C.P. No. 1920.31(a)(1), to file the most recent federal income tax return, pay stubs for the preceding six months, and a completed income and expense statement in the form required in an action for support.
CRITICAL
- Applies to
- Pro se complaint petition or motion
Pro se complaints, petitions, and motions must be filed and docketed with the Clerk of the Orphans' Court; submissions sent elsewhere will be returned with a copy of the rule.
All pro se complaints, petitions and motions must be filed and docketed in the Office of the Clerk of the Orphans' Court. Complaints, petitions and motions sent to any other office shall be returned with a copy of this rule attached thereto.
CRITICALCivil cases
- Applies to
- Interim counsel fees or costs pleading
A Complaint, other appropriate pleading, or petition seeking interim counsel fees or costs must be accompanied by counsel’s certification describing the services, hourly fee, and costs and expenses for which reimbursement is sought.
The Complaint, other appropriate pleading, or petition shall be accomplished by a certification from counsel setting forth the services rendered or to be rendered, the hourly fee charged or to be charged for the same, and a listing of all costs and expenses for which reimbursement is sought.
CRITICAL
- Applies to
- Affidavit
Before confirmation, the accountant must file an affidavit identifying the recipients of written notice, their addresses, and the method of service.
D. An affidavit which sets forth the names and addresses of those who were given written notice and the method of service of the notice shall be filed by the accountant prior to confirmation.
CRITICALCivil cases
- Applies to
- Petition for special relief
A special-relief petition must use the heading “Petition for Special Relief,” comply with applicable requirements of Pa.R.C.P. No. 1915.15, and allege facts clearly specifying the danger to the child’s welfare.
The petition for special relief must be presented as a separate document headed “Petition for Special Relief.” The petition shall conform to the requirements of Pa.R.C.P. No. 1915.15, as may be applicable, and must allege facts which clearly specify the clear and present danger to the welfare of the child(ren).
CRITICAL
- Applies to
- Appeal from register of wills
A Register of Wills appeal must state its grounds, necessary jurisdictional facts, and the names of all interested parties.
The appeal shall state specifically the grounds upon which it is based, the necessary jurisdictional facts and the names of all interested parties.
CRITICAL
- Applies to
- Affidavit of notice
The Affidavit of Notice form states that written notice was given to specified claimants and interested persons and that copies of the notices are attached.
of the Estate of _____, verifies that written notice by _____ (State Method of Service of Notice) was given of the filing of the [Account and Statement of Proposed Distribution/Account and Request for the Appointment of an Auditor] to every unpaid claimant who has given written notice to his claim to the accountant and to every person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir or next of kin. Copies of said written notices are attached.
CRITICALCivil cases
- Applies to
- Motion for appointment of master
- Must include
- certificate of service
The motion must contain a certification that copies of the motion and proposed order were served on opposing counsel or an unrepresented opposing party at least 10 days before filing.
The Motion for Appointment of Master shall be accompanied by a proposed Order Appointing Master setting forth the issues to be referred by the Court to the Master, and shall contain a certification that a copy of said Motion and the Proposed Order were served at least ten (10) days prior to the filing of said Motion upon opposing counsel, or the opposing party, if unrepresented.
CRITICAL
- Applies to
- Petition
An incapacity or guardianship petition must substantially follow Rule NOC-14.6 and include all information it specifies.
A petition for adjudication of incapacity and/or for appointment of a guardian of the estate of the person shall be substantially in the form prescribed by Rule NOC-14.6 and shall contain all the items of information referred to therein.
CRITICAL
- Applies to
- Exhibit
An exhibit containing confidential information or information covered by Pa. Access Policy §8.0 must include a Confidential Document Form.
6. Any exhibit containing confidential information or equivalent to any of the categories enumerated in Pa. Access Policy §8.0 shall include a Confidential Document Form so that the document can be properly sealed by the record office.
CRITICAL
- Applies to
- Periodic account and petition
The account and petition must include the petitioner's attestation that the contents are true and correct to the best of their information, knowledge, and belief, subject to the stated penalties.
I attest that this account and petition has been examined by me and that its contents are true and correct to the best of my information, knowledge, and belief, and I present this information subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
CRITICALCivil cases
- Applies to
- Petition
- Must include
- certificate of service
The petitioner must file a certificate of service for the notice of intent to request a rule to show cause.
(1) A petitioner seeking the issuance of a rule to show cause shall follow Pa.R.C.P. 206.5 (discretionary issuance), including the requirement of notice to all other parties of the intention to request the court to issue the rule, by filing a certificate of service of such notice.
CRITICALCivil cases
- Applies to
- Request for court hearing instead of master
A request to have covered claims heard by the Court instead of a Master must be made by petition and rule and will be granted only upon good cause shown.
All claims for divorce, annulment, equitable distribution, counsel fees, costs and expenses (other than alimony pendente lite and disputed claims as to custody or paternity) shall be heard by a Master, and any requests for hearing before the Court instead of the Master shall be made by petition and rule and will be granted by the Court only upon good cause shown.
CRITICALCivil cases
- Applies to
- Motion for appointment of master
- Must include
- proposed order
A Motion for Appointment of Master must include a proposed order identifying the issues to be referred to the Master.
The Motion for Appointment of Master shall be accompanied by a proposed Order Appointing Master setting forth the issues to be referred by the Court to the Master
CRITICAL
- Applies to
- Statement of proposed distribution
The statement identifies parties in interest under legal disability, their guardians or committees and addresses, and the circumstances of the disability.
8. Set forth the names of all parties in interest who are under any legal disability and the names and addresses of their guardians or committees and the circumstances of the disability:
CRITICAL
- Applies to
- Documents offered for court consideration
All documents which a party wishes the Court to consider, including Northumberland County Children and Youth Services reports to the Court, must be presented and moved into evidence.
All documents which a party wishes the Court to consider, including Northumberland County Children and Youth Services reports to the Court, must be presented and moved into evidence.
CRITICAL
- Applies to
- Periodic account
The periodic account must state whether the interested parties, addresses, and representatives match those on the initial petition and identify any changes.
5. I represent that the interested parties, addresses and their representatives as defined in 20 P.S. Section 3503 are identical to those appearing on the initial petition, except as to the following: _____
CRITICAL
- Applies to
- Motion or petition
- Must include
- proposed order
Every motion or petition must include a proposed order of court.
All motions or petitions shall contain a proposed order of court.
CRITICAL
- Applies to
- Notice of address
Notice of address in the following form shall be attached to the Important Notice: _____ * _____ (last name/first name) * _____ (docket number) I hereby verify that for the purpose of receiving legal notice, my address is: _____ _____ _____ Telephone Number _____ _____ Signature *To be completed prior to service.
Notice of address in the following form shall be attached to the Important Notice: _____ * _____ (last name/first name) * _____ (docket number) I hereby verify that for the purpose of receiving legal notice, my address is: _____ _____ _____ Telephone Number _____ _____ Signature *To be completed prior to service.
CRITICALCivil cases
- Applies to
- Certified copy of local rules
The Deputy District Court Administrator must file a certified copy of the local rules with the Administrative Office of Pennsylvania Courts.
File a certified copy of the local rules with the Administrative Office of Pennsylvania Courts.
CRITICAL
- Applies to
- Amended post conviction petition
Appointed counsel must file an amended post-conviction petition that sets forth the specific grounds for relief.
Counsel appointed to represent a defendant who has filed a pro se petition under the Post Conviction Relief Act (42 Pa. C.S. 9541 et seq.) must file an amended petition setting forth the specific grounds for relief.
CRITICAL
- Applies to
- Periodic report
- Must include
- certificate of service
The periodic report form includes a certification that a copy was served on all parties in interest listed in the original petition, as amended in the report.
13. I certify that I have served a copy of this periodic report on all those parties in interest listed in the original petition, as may be amended in paragraph of this report.
CRITICAL
- Applies to
- Petition to adjudicate incapacity
A petition to adjudicate incapacity or appoint a guardian must substantially follow the prescribed form and include its specified information.
The petition to adjudicate incapacity and/or the appointment of a guardian referred to in Rule NOC-14.4A shall be in substantially the following form:
CRITICAL
- Applies to
- Omnibus pre trial motion
Each request for relief in an omnibus pre-trial motion must state its basis specifically; boilerplate or insufficiently specific motions may be summarily dismissed.
All requests for relief contained within an omnibus pre-trial motion shall state with specificity the basis upon which relief is sought. Boilerplate motions or motions lacking the requisite specificity may be summarily dismissed by the Court.
CRITICAL
- Applies to
- Account
A fiduciary filing an account involving a distribution must file a statement of proposed distribution with the Clerk, substantially in the prescribed form.
A. Every fiduciary filing an account in which a distribution has been or is to be made, shall file with the Clerk a statement of proposed distribution substantially in the form prescribed by Rule NOC-17.4.
CRITICALCivil cases
- Applies to
- Pretrial memorandum
Each party must submit two copies of a pre-trial memorandum substantially in the prescribed form.
Each party shall submit, five (5) days prior to the conference, two (2) copies of the pre-trial memorandum, which shall be substantially in the form set forth below.
CRITICAL
- Applies to
- Brief
Each brief must be endorsed with the case name, Court, term and number, and the attorney’s name and address.
endorsed with the name of the case, the Court, the term and number and the name and address of the attorney.
CRITICAL
- Applies to
- Guilty plea colloquy
Before entering a guilty or nolo contendere plea, each defendant must complete the entire guilty plea colloquy using the Court Administrator's form.
Prior to the entry of a plea of guilty or a plea of nolo contendere, all defendants must complete a guilty plea colloquy in its entirety on a form to be provided by the Court Administrator.
CRITICAL
- Applies to
- Confession of judgment waiver
When bail is provided by the defendant or another party, the issuing authority or Clerk of Court must have a Confession of Judgment Waiver executed on the Court-provided form.
C. The issuing authority or Clerk of Court shall cause a Confession of Judgment Waiver to be executed in all court cases where bail is being provided either by defendant or other parties on such form as provided by the Court.
CRITICAL
- Applies to
- Account
The account's proposed distribution must identify each distributee, the asset to be distributed, its inventory and tax basis values, and the total distribution value.
The accountants propose to distribute the assets as follows: Name of Distributee Asset to be Distributed Inventory Value Tax Basis Value Total Distribution Value: _____
CRITICAL
- Applies to
- Notice
The notice must include a copy of the statement of proposed distribution.
A copy of the statement of proposed distribution shall be attached to the notice.
CRITICAL
- Applies to
- Petition
A guardian's petition for a public sale of a minor's real property must include the listed information, including proof of notice to next of kin or public notice when none are known.
- (3) When it is required that a guardian of a minor petition the Court to sell real property of the minor at a public sale, - (a) the age of the minor; - (b) the names of the next of kin; - (c) that notice of the filing of the petition has been given to the next of kin or when there are no known next of kin, that public notice in accordance with Rule NOC-12.1D(2)(b) has been given and proofs thereof are attached to the petition as exhibits; - (d) how title was acquired and, if appropriate, the date and place of the probating of the Will or recording of the Deed; - (e) a recital or any relevant provisions of the Will, Deed or trust instrument relating to the real property; - (f) the nature and extent of the interest of the minor, and of other persons in the real property; - (g) the improvements on the property, by whom it is occupied, its current tax assessments; and - (h) sufficient facts to enable the Court to determine that the proposed sale will be in the best interest of the minor.
CRITICAL
- Applies to
- Deficiency notice
After consulting with the Court, the Court Administrator must notify an individual of a deficient pleading using the prescribed notice wording.
The Court Administrator, after consulting with the Court, shall notify the individual of the deficiency of his pleading. Notice to an individual who has filed a deficient pleading shall be as follows: NOTICE. YOU HAVE FILED A DOCUMENT WITH THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY WHICH IS NOT IN COMPLIANCE WITH THE LAW, RULE OF COURT, OR FEE SCHEDULE. YOU ARE ADVISED THAT YOUR FAILURE TO COMPLY MAY RESULT IN
CRITICAL
- Applies to
- Statement of proposed distribution
The statement indicates whether charitable bequests are involved and, if so, whether notice to the Attorney General is required under Pa. O.C. Rule 5.5.
10. Indicate whether or not charitable bequests are involved and if so, if notice is required to be given to the Attorney General pursuant to Pa. O.C. Rule 5.5:
CRITICALCivil cases
- Applies to
- Stipulation
A stipulation accepted to determine delay damages must state whether an offer was made in writing, its amount, and its date; if no stipulation is reached, the panel takes evidence from counsel after announcing the award.
After the determination and announcement of the award on the merits and damages, the arbitrators shall make a determination as to any delay by: 1) Accepting a stipulation from the parties which contains the following: a) whether an offer was made in writing; b) the amount of the offer; c) the date of the offer, or 2) If no stipulation is reached, the panel shall take evidence regarding damages for delay from counsel following the original deliberation and announcement of the award.
CRITICALCivil cases
- Applies to
- Application for continuance
Continuance applications must use the Application for Continuance Form available from the Court Administrator’s Office.
Applications for continuances of any scheduled arbitration hearing shall be on the Application for Continuance Form available from the Court Administrator’s Office.
CRITICALCivil cases
- Applies to
- Discovery motion
A discovery motion must include counsel for the moving party’s certification that a reasonable effort was made to resolve the matter.
A motion relating to discovery must include a certification by counsel for the moving party that an attempt was made by reasonable effort to resolve the matter.
CRITICAL
- Applies to
- Statement of attorney and fiduciary fees commissions and expenses
The statement of attorney's and fiduciary's fees, commissions, and expenses must substantially follow the specified form and include the listed totals.
The form of the statement of attorney's and fiduciary's fees, commissions and expenses required by Rule NOC-6.1A shall be substantially in the following form: ## ATTORNEY'S AND FIDUCIARY'S FEES, COMMISSIONS AND EXPENSES Total Attorney's Fees _____ Total Attorney's Expenses _____ Total _____ Total Fiduciary's Fees and Commissions _____ Total Fiduciary's Expenses _____ Total _____
CRITICAL
- Applies to
- Petition for court reporter appointment
In a case involving an indigent defendant, a petition requesting appointment of a court reporter for the preliminary hearing must be filed with the Court.
A. In any case involving an indigent defendant, a petition must be filed with the Court requesting the appointment of a Court Reporter for a preliminary hearing.
CRITICAL
- Applies to
- Correspondence
(Please be sure to include the docket number(s) in all correspondence.)
(Please be sure to include the docket number(s) in all correspondence.)
CRITICAL
- Applies to
- Document
- Must include
- local rule certificate
Parties or attorneys must file a Certificate of Compliance with the documents, using a certificate available online or at the filing office.
Parties or attorneys shall file a Certificate of Compliance with such documents. The Certificate of Compliance is available at www.norrycopa.net, www.pacourts.us, or in the filing office.
CRITICALCivil cases
- Applies to
- Alimony pendente lite filing
A claim for alimony pendente lite requires delivery to the Domestic Relations Office of a conformed copy of the Complaint, another appropriate pleading, or petition, together with a $50 fee.
Where a claim for alimony pendente lite has been made, a conformed copy of the Complaint, other appropriate pleading, or petition, together with a fee for the Domestic Relations Office in the amount of Fifty Dollars $50.00, shall be delivered to to the Domestic Relations Office.
CRITICAL
- Applies to
- Certificate of compliance
The certificate of compliance provides a statement certifying that the filing follows the Public Access Policy’s requirements for confidential information and documents.
I certify that this filing complies with the provisions of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts that require filing confidential information and documents differently than non-confidential information and documents.
CRITICAL
- Applies to
- Auditor or master report
- Must include
- proposed order
An auditor’s or master’s report must include a proposed decree that the Court can sign if no exceptions are filed.
In addition to the requirement of Pa. O.C. Rules 8.3 and 8.4, an auditor's or master's report shall contain a proposed decree which can be signed by the Court in the event no exceptions are filed to the report.
CRITICAL
- Applies to
- Bail forfeiture submission
When a defendant fails to appear before a District Justice after executing a bail bond, the bail bond, $25 administrative fee, nonappearance statement, and forfeiture order must be transmitted to the Clerk of Court immediately.
In all cases where there has been a nonappearance before a District Justice and a bail bond has been executed, the bail bond and the Twenty-Five ($25.00) Dollar administrative fee shall be immediately transmitted to the Clerk of Court along with a written statement of the details concerning the defendant's nonappearance and an order declaring the forfeiture of bail.
CRITICALCivil cases
- Applies to
- Petition
At least one (1) copy of the proposed order shall be presented to the Prothonotary with the original, which shall be retained by the Prothonotary while the original proposed order and copy of the petition is forwarded to the Court Administrator for consideration by the Court.
At least one (1) copy of the proposed order shall be presented to the Prothonotary with the original, which shall be retained by the Prothonotary while the original proposed order and copy of the petition is forwarded to the Court Administrator for consideration by the Court.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement includes the date the executor or administrator was appointed.
3. Date of appointment of executor or administrator:
CRITICAL
- Applies to
- Brief
A brief’s argument must have a separate part for each question, and authority citations must accurately identify the volume, page, and principle cited.
3. The argument shall be divided into as many parts as there are questions involved. Citations of authority shall be accurately designated, shall set forth the volume and page number where they appear, and shall set forth the principles for which they are cited.
CRITICALCivil cases
- Applies to
- Petition
A petition under Pa.R.C.P. 206.1(a) must include the proposed rule to show cause in the prescribed form as its first page after any required cover sheet.
(4) Every petition under Pa.R.C.P. 206.1(a) shall include as the first page after any cover sheet required by 205.2(b) a proposed rule to show cause in the following form:
CRITICAL
- Applies to
- Placement change writing
The filed writing must describe the placement change and the manner in which the parties consented.
Within five (5) days after the placement is changed pursuant to this subparagraph B, Children and Youth Services shall serve on all parties and file with the Court a writing which sets forth the placement change and the manner by which the parties consented to the placement change.
CRITICAL
- Applies to
- Certificate of notice
If a party is absent from a hearing, Children and Youth Services must file a certificate describing how hearing notice was provided, but may instead present that information through testimony on the record.
C. If a party is not present at a court hearing, Children and Youth Services shall file a certificate of notice which sets forth the manner in which notice of the time, date and place of a hearing was provided. Alternatively, this information may be presented through testimony placed on the court record.
CRITICALCivil cases
- Applies to
- Petition
The petition must cite the applicable legal authority supporting the requested relief.
(2) The petition shall set forth a citation to applicable legal authority being asserted as the basis for requested relief.
CRITICAL
- Applies to
- Periodic account
The periodic account of the estate of an incapacitated person referred to in Rule NOC-14.4E shall be substantially in the following form:
The periodic account of the estate of an incapacitated person referred to in Rule NOC-14.4E shall be substantially in the following form:
CRITICAL
- Applies to
- Status report
The legal-representation status report must substantially follow the supplied form, including the listed case, date, representation, and petitioner information.
The status report on legal representation referred to in Rule NOC-14.4B shall be substantially in the following form: IN THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION In Re: : : : O.C. No. : An alleged incapacitated person : Date petition filed _____. Date of service on alleged incapacitated person _____. Date of scheduled hearing _____. STATUS OF ALLEGED INCAPACITATED PERSON'S LEGAL REPRESENTATION Counsel for the incapacitated person (is)(is believed to be) NAME: _____ ADDRESS: _____ TELEPHONE NUMBER: _____ _____ Petitioner does not believe that the alleged incapacitated person is represented by counsel. _____ Petitioner (does)(does not) believe it would be appropriate for the alleged incapacitated person to be represented by counsel because: _____ _____ BY: _____ Petitioner/Counsel for Petitioner Dated: _____ Address: _____ Telephone: _____
CRITICALCivil cases
- Applies to
- Petition for contempt or modification
When a custody, partial-custody, or visitation order already exists, a contempt or modification petition must be filed under the same term and number as that order.
In the event there is an existing Order for custody, partial custody, or visitation, any Petition for Contempt or Petition for Modification of Custody shall be filed to the same term and number as the previously entered Order.
CRITICAL
- Applies to
- Adjudication
The adjudication terminating parental rights must be in the form required by Pa. R.C.P. 1517(a).
When the Court finds that parental rights are to be terminated under Pa. O.C. Rules 15.2, 15.3 and 15.4, the Court shall make an adjudication in the form required by Pa. R.C.P. 1517(a).
CRITICAL
- Applies to
- Motion for dismissal
A motion to dismiss under Pa. R. Crim. P. 1100 must specifically state its grounds and supporting facts and events, including relevant dates and durations needed to calculate elapsed time.
All motions for dismissal filed pursuant to Pa. R. Crim. P. 1100 shall state with specificity and particularity the grounds for dismissal and the facts and events in support thereof, including but not limited to, the date and duration of continuances, motions, etc., necessary to the calculation of the time elapsed.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement indicates whether the spouse elected to take against the will and, if so, the election’s filing date.
(a) Indicate whether the spouse has elected to take against the Will and if so, the date of the filing of the election:
CRITICALCivil cases
- Applies to
- Legal paper requiring hearing or argument date
Attach the prescribed civil cover sheet to any legal paper requiring a hearing or argument date so the Court Administrator’s office can schedule it.
A civil cover sheet in the form set forth herein shall be attached to any legal paper such as a petition or motion that requires a hearing or argument date, for purposes of scheduling by the Court Administrator’s office.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement lists any fiduciary capacity held by the decedent and gives its present status and any court docket number.
11. List any fiduciary capacity which the decedent held and indicate the present status and court docket number (if any):
CRITICAL
- Applies to
- Petition
A court order directing the Sheriff to transport an incarcerated parent to a hearing may be obtained only through a petition presented under Rule 4.
D. A court order directing the Sheriff to transport a parent incarcerated in jail to a court hearing may be obtained only upon a petition presented pursuant to Rule 4.
CRITICAL
- Applies to
- Proposed decree
At the conclusion of an adoption hearing, petitioners must submit a proposed decree to the hearing judge in substantially the form set forth in Rule NOC-17.5.
At the conclusion of the hearing for adoption, the petitioners shall submit to the hearing judge a proposed decree substantially in the form set forth in Rule NOC-17.5.
CRITICAL
- Applies to
- Exceptions
Exceptions must be in the form set forth in Pa. R.C.P. 227.1 for post-trial relief.
Within ten (10) days after notice of the filing of the adjudication, exceptions to said adjudication may be filed by any party and shall be in the form set forth in Pa. R.C.P. 227.1 dealing with post-trial relief.
CRITICALCivil cases
- Applies to
- Continuance application
An application to continue a scheduled arbitration hearing must use the Application for Continuance Form available from the Prothonotary or Court Administrator's Office.
Applications for continuances of any scheduled arbitration hearing shall be on the Application for Continuance Form available from the Prothonotary or Court Administrator’s Office.
CRITICAL
- Applies to
- Statement of proposed distribution
If completing the tax schedule, the statement gives the estate’s appraisement value, allowed debts and deductions, and taxable estate value.
(a) State the Pennsylvania Department of Revenue appraisement value of the estate, the amount of the debts and deductions allowed by the Register of Wills, and the value of the taxable estate: Appraisement Value _____ Less Debts and Deductions _____ Taxable Estate _____
CRITICALCivil cases
- Applies to
- Conference summary report
If the parties do not reach an agreement, the Officer must prepare a report stating the facts and issues for court resolution, file it, and distribute copies to all parties.
If the parties are unable to reach an agreement during the conference, the Custody Conference Officer shall prepare a Conference Summary Report setting forth the facts ascertained from the conference and outline the issues for resolution by the court. The Conference Summary Report shall be filed with the Prothonotary and copies shall be distributed by the Custody Conference Office to all parties.
CRITICALCivil cases
- Applies to
- Motion
Motions, except continuances or scheduling matters, must include a brief statement citing the authority supporting the requested relief.
All motions, except continuances or scheduling matters, must include a brief statement of the applicable authority by citation to a statute, rule of court or other authority being asserted as the basis for the requested relief.
CRITICAL
- Applies to
- Certificate of service
- Must include
- certificate of service
When notice is sent by first-class mail, a certificate of service must be prepared and filed verifying the address and attaching a postal certificate of mailing.
In the latter case, a certificate of service shall be prepared and filed verifying that the address used is the proper known or last known address, and attaching a postal certificate of mailing.
CRITICAL
- Applies to
- Statement of proposed distribution
7. Set forth in list form the names of all legatees or in the case of an intestacy, the names of the heirs-at-law and the addresses of the legatees and heirs (if not previously disclosed in 4 and 5 above). Also, set forth the relationship of the legatees or heirs to the decedent, the amount or percentage of the interest and the character of the interest. This information may be in summary form but should indicate whether any of the devises and bequests have been revoked, adeemed, lapsed or been assigned, attached or disclaimed:
7. Set forth in list form the names of all legatees or in the case of an intestacy, the names of the heirs-at-law and the addresses of the legatees and heirs (if not previously disclosed in 4 and 5 above). Also, set forth the relationship of the legatees or heirs to the decedent, the amount or percentage of the interest and the character of the interest. This information may be in summary form but should indicate whether any of the devises and bequests have been revoked, adeemed, lapsed or been assigned, attached or disclaimed:
CRITICAL
- Applies to
- Statement of proposed distribution
The statement lists the names and addresses of the decedent’s surviving issue or adopted children and indicates whether any were born or adopted after execution of the will.
6. Set forth the names and addresses of the decedent's surviving issue or adopted children and indicate if any of them were born or adopted after the execution of the Will (if any):
CRITICAL
- Applies to
- Statement of proposed distribution
The statement indicates whether the decedent died testate or intestate and, if applicable, the date the will was probated.
2. Indicate whether the decedent died testate or intestate and the date of probate of the decedent's Last Will and Testament (if any):
CRITICALCivil cases
- Applies to
- Certificate of service
- Must include
- certificate of service
A certificate of service for the complaint and scheduling order must be filed with the Prothonotary by the scheduled conference.
Plaintiff(s) shall serve the complaint (if not delivered to the Sheriff) and the scheduling order upon Defendant(s) promptly in accordance with the applicable Rules of Civil Procedure and shall thereafter file a certificate of service with the Prothonotary before or on the date of the scheduled conference.
CRITICAL
- Applies to
- Proposed order
The proposed orders referred to in Rule NOC-14.4B shall be substantially in the following form: (Caption) ## ORDER Upon consideration of the attached status report, it is not deemed appropriate to appoint counsel, therefore, the hearing on the Petition for Appointment of a Guardian in the above-captioned matter shall be held as previously scheduled. BY THE COURT: Dated: _____ _____ Judge (Caption) ## ORDER Upon consideration of the attached status report, a hearing on the possible appointment of counsel for the alleged incapacitated person shall be held on the _____ day of _____, 19____, in Courtroom No. ____ at _____ o'clock ____.M. A certified copy of this Order shall be served on the alleged incapacitated person and all other persons who were to receive service of the Petition for Appointment of Guardian. BY THE COURT: Dated: _____ _____ Judge
The proposed orders referred to in Rule NOC-14.4B shall be substantially in the following form: (Caption) ## ORDER Upon consideration of the attached status report, it is not deemed appropriate to appoint counsel, therefore, the hearing on the Petition for Appointment of a Guardian in the above-captioned matter shall be held as previously scheduled. BY THE COURT: Dated: _____ _____ Judge (Caption) ## ORDER Upon consideration of the attached status report, a hearing on the possible appointment of counsel for the alleged incapacitated person shall be held on the _____ day of _____, 19____, in Courtroom No. ____ at _____ o'clock ____.M. A certified copy of this Order shall be served on the alleged incapacitated person and all other persons who were to receive service of the Petition for Appointment of Guardian. BY THE COURT: Dated: _____ _____ Judge
CRITICAL
- Applies to
- Return to parent or guardian filing
- Must include
- proposed order
If no hearing is necessary before returning a child to a parent or guardian, Children and Youth must file a writing stating the basis for the return and include a proposed court order.
If no hearing is necessary, Children and Youth shall file with the Court a writing which sets forth the basis for the return along with a proposed order of court.
CRITICAL
- Applies to
- Nolle prosequi motion
A nolle prosequi motion not resulting from a plea agreement must include certification that the prosecuting officer or private prosecutor received hearing notice.
A motion for nolle prosequi not resulting from a plea agreement shall include a certification that the prosecuting officer or private prosecutor received notice of the hearing.
CRITICAL
- Applies to
- Status report on legal representation
At least seven (7) days prior to the date established for hearing on the petition, petitioner shall file in duplicate a status report on legal representation in substantially the form prescribed by Rule NOC-14.7 each of which should have attached, under the proper caption, the appropriate order in substantially the form prescribed by Rule NOC-14.8.
At least seven (7) days prior to the date established for hearing on the petition, petitioner shall file in duplicate a status report on legal representation in substantially the form prescribed by Rule NOC-14.7 each of which should have attached, under the proper caption, the appropriate order in substantially the form prescribed by Rule NOC-14.8.
CRITICALCivil cases
- Applies to
- Arbitration certificate of readiness
The arbitration certificate of readiness must use a form provided by the Prothonotary or Court Administration and include the listed case, counsel, motion, discovery, report-disclosure, witness, and time-estimate information.
The certificate shall be on forms provided by the Prothonotary or Court Administration and shall contain the following: 1. the caption of the case; 2. name, address and phone number of trial counsel for all parties; 3. certification that all outstanding motions are resolved; 4. certification that discovery has been completed and disclosure made to the other parties of any and all reports to be utilized at the arbitration hearing; and 5. a complete list of all witnesses who are to be called at the time of the arbitration hearing and an estimate of the time that will required to present that parties portion of the case.
CRITICALCivil cases
- Applies to
- Notice
An action may not be discontinued without written notice to the Court and each attorney who has appeared for another party.
No action shall be discontinued without written notice to the Court and to any attorney who has appeared for any other party in the proceeding.
CRITICAL
- Applies to
- Fiduciary report
A Pa. O.C. Rule 13.3 report must be an affidavit and filed at the same time as the account and statement of proposed distribution.
A report filed pursuant to Pa. O.C. Rule 13.3 shall be in the form of an affidavit and shall be filed at the same time that the account and statement of proposed distribution are filed.
CRITICAL
Consent is required from any mortgagee whose lien will not be discharged by the sale.
(4) Consent of any mortgagee whose lien will not be discharged by the sale.
CRITICAL
- Applies to
- Motion
A fiduciary who does not file a statement of proposed distribution must request an auditor by motion, filed at the same time as the account.
B. When the fiduciary who files the account does not file a statement of proposed distribution, he or she shall request the appointment of an auditor. This request shall be by motion and shall be filed at the same time the account is filed.
CRITICALCivil cases
- Applies to
- Arbitration certificate of readiness
The certificate shall be on forms provided by the Prothonotary and shall contain the following:
The certificate shall be on forms provided by the Prothonotary and shall contain the following:
CRITICALCivil cases
- Applies to
- Notice
The arbitration hearing notice must include the specified language about proceeding in a party’s absence and the absence of a right to trial de novo after a judge’s decision.
The Notice shall include the following language: “The 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 trial de novo on appeal from a decision entered by a judge.”
CRITICAL
- Applies to
- Court order or notice distribution
A distribution for parties not automatically served through PACFile with a court order or notice must be filed with the Clerk of Courts and include a complete legend listing the names and addresses of all parties requiring paper service.
Distribution to those parties not automatically served via PACFile with a court order or notice must be filed with the Clerk of Courts office with a complete distribution legend listing the names and addresses of all parties required to be served with a paper copy.
CRITICAL
- Applies to
- Address change notice
If your address changes while the case is active, you must immediately send the Court written notice of your new address.
If your address changes while the case is still active with the Court, you must immediately send written notice of your new address.
CRITICAL
- Applies to
- Corporate fiduciary officer affidavit
The corporate fiduciary officer affidavit must contain the prescribed verification, diligent-inquiry statement, and acknowledgment of penalties for false statements.
_____ verifies that he/she is the _____ of the above-named _____, and that the facts set forth in the foregoing account and statement of proposed distribution which are within the personal knowledge of the affiant are true, and as to facts based on the information of others, the affiant, after diligent inquiry, believes them to be true. I understand that false statements therein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
CRITICAL
- Applies to
- Post sentence motion
Post-sentence motions must state their supporting grounds and facts with specificity and particularity; deficient motions may be summarily dismissed.
All post sentence motions shall state with specificity and particularity the grounds and facts in support thereof. Motions lacking the required specificity and particularity may be summarily dismissed.
CRITICALCivil cases
- Applies to
- Petition for modification or contempt
A modification or contempt petition must have a copy of the most recent custody order attached.
A copy of the most recent custody order shall be attached to the petition for modification or contempt.
CRITICAL
- Applies to
- Issuing authority transcript
If a preliminary hearing misses the prescribed time limit, the issuing authority's transcript must precisely state the reasons or cause for extending the ten-day limit.
Where a preliminary hearing is not held within the time limits provided in Pa. R. Crim. P. 140(d)(1), the Issuing authority's transcript shall set forth precisely the reasons or cause for any extension of the ten (10) day time limit.
CRITICALCivil cases
- Applies to
- Uncontested motion
Counsel for the moving party must file a certification stating that the motion is uncontested.
counsel shall file a certification that the motion is uncontested
CRITICALCivil cases
- Applies to
- Scheduling order
The Custody Conference Officer must set the initial conference details and file a scheduling order with the Prothonotary.
Upon receipt of a custody complaint or a divorce complaint which contains a custody count, the Custody Conference Officer shall set the date, time and place of the initial conference and file a scheduling order with the Prothonotary.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement identifies the estate and the person filing it, including the fiduciary’s capacity.
Statement of Proposed Distribution of the Estate Of _____ filed by _____ _____ (Fiduciary) _____ (Capacity)
CRITICALCivil cases
- Applies to
- Agreement of reference
An agreement of reference for a matter not in litigation must be signed by counsel for all sides, filed with the Prothonotary, and define the issue; when agreeable, it should also include the specified stipulations.
Matters not in litigation may be referred to a Board of Arbitrators by an agreement of reference, signed by counsel for all sides in the case. Such agreement shall be filed with the Prothonotary. Said agreement shall define the issue involved for determination by the Board and, when agreeable, shall also contain stipulations with respect to the facts submitted or agreed upon or defenses waived. In such cases, the agreement shall take the place of the pleadings in the case and be filed of record.
CRITICALCriminal cases
- Applies to
- Police criminal complaint and arrest warrant affidavit
Police criminal complaints and arrest warrant affidavits charging the listed offenses require approval by an attorney for the Commonwealth before filing.
The District Attorney of Northumberland County, having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging the crimes listed below, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of an attorney for the Commonwealth prior to filing:
CRITICAL
- Applies to
- Exhibits and index
The custodian must file all submitted exhibits and the exhibit index with the appropriate records office.
The custodian shall file with the appropriate records office (Prothonotary/Clerk of Courts/Orphans Court) all submitted exhibits and index of exhibits within five (5) business days of the conclusion of the proceeding.
CRITICAL
- Applies to
- Periodic account
8. I, therefore, request that the foregoing be allowed as my annual account.
8. I, therefore, request that the foregoing be allowed as my annual account.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement indicates whether Pennsylvania Transfer, Inheritance, and Estate taxes are paid in full; if they are, the specified Department of Revenue notice may be attached instead of completing the schedule.
12. Indicate whether the Pennsylvania Transfer, Inheritance and Estate taxes have been paid in full. If so, in lieu of completing the schedule below, a copy of Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessments of tax received from the Pennsylvania Department of Revenue may be attached:
CRITICALCivil cases
- Applies to
- Petition for bifurcation
A bifurcation petition must be set for a Court hearing unless both parties sign a stipulation filed with the petition.
All petitions for bifurcation shall be scheduled for a hearing before the Court unless a stipulation is filed with the petition for bifurcation and both parties have signed the stipulation.
CRITICAL
- Applies to
- Periodic report of guardian of person
A guardian of the person must file periodic reports in substantially the Rule NOC-14.9 form.
Within one (1) year of the date of appointment and annually thereafter, or with such great frequency as the Court may direct, every guardian of the person of an incapacitated person shall file a periodic report of the guardian of the person in substantially the form prescribed by Rule NOC-14.9.
CRITICALCivil cases
- Applies to
- Pretrial memorandum
- Must include
- caption, case number
The pre-trial memorandum form requires a caption and case number, party and attorney information, the pre-trial date and time, and the listed case, trial-preparation, and settlement information.
(CAPTION) CASE NO. _________________________________________________ NAME OF PARTY ___________________________________________ NAME OF ATTORNEY ________________________________________ DATE & TIME OF PRE-TRIAL ___________________________________ 1. List all parties and counsel to action. 2. A summarized version of facts. 3. Legal theory of liability – list those theories upon which you will rely, each party may be limited to those theories at trial. 4. If there is a counterclaim, set forth the theory of liability. 5. Damages – give detailed description and itemized statement of damages. 6. Names of witnesses: (a) Definite witnesses and scope of testimony (liability, damages or both). (b) Possible witnesses and scope of testimony (liability, damages or both). 7. Expert witnesses – state expected scope of testimony. 8. Exhibits – list all exhibits and indicate whether or not they have been shown to opposing counsel. Each party may be limited to the use of the listed exhibits at trial. 9. Scheduling – list any unusual scheduling problems which are anticipated. Civil trials are held in February, June, September, and December. 10. Requested stipulations (qualification of experts, admissibility of documents, special damages, etc.) 11. Unusual legal issues – issues on which trial briefs should be required. 12. Has there been a timely demand for a jury trial? Yes________ No________ 13. Estimated time to try the case. 14. Outstanding motions. 15. Settlement – your lowest demand or highest offer $_____________. (party must be available in person or by phone at the time of pre-trial conference for purpose of settlement discussions). 16. Miscellaneous – list any matter which you feel is important but which hasn’t been covered. 17. Pre-trial orders requested.
CRITICAL
- Applies to
- Notice of filing auditor or master report
The notice of filing must state that, absent exceptions, the report will be confirmed ten days after it is filed.
At the time of filing the report an auditor or master shall give notice of the filing of his report to all parties in interest and shall state that in the absence of exceptions his report will be confirmed ten (10) days after the date on which the auditor or master shall have filed his report.
CRITICAL
- Applies to
- Account
The account must state whether it is partial or final and whether any partial accounts were previously filed.
- 16. State whether the account is partial or final and whether any partial accounts had previously been filed:
CRITICALCivil cases
- Applies to
- Praecipe to transmit record
- Must include
- proposed order
The Praecipe to Transmit Record must include a proposed decree and any agreement to be incorporated; it must also reflect claim withdrawals and any granted severance or bifurcation and pending claims.
A Praecipe to Transmit Record shall be filed with the Prothonotary. Attached thereto shall be a proposed decree and any agreement which the parties wish to have incorporated into the decree. 1. Any related claims that may have been raised but not pursued shall be withdrawn. The party filing the Praecipe to Transmit Record may withdraw any such claims by so noting on the Praecipe. Any outstanding claims by the opposing party may only be withdrawn by a praecipe signed by the party or his attorney of record in the following or a similar form: “The following claims are hereby withdrawn: _____________”, and such withdrawal shall be noted on the Praecipe to Transmit Record. 2. If severance or bifurcation has been granted, that fact and the pending claims shall be noted on the Praecipe to Transmit Record.
CRITICALCivil cases
- Applies to
- Briefs only listing request
A request for a “BRIEFS ONLY” listing must be made in writing with the Court Administrator.
Requests for “BRIEFS ONLY” listing shall be made in writing with the Court Administrator.
CRITICAL
- Applies to
- Petition for extension of time to elect against will
A petition to extend the surviving spouse’s time to elect against the Will must include all averments required by Pa. O.C. Rule 12.3(a) for a petition to revoke or vacate an election.
A petition for an extension of time for the surviving spouse to file an election to take against the Will shall set forth all averments required to be set forth in a petition to revoke or vacate an election under Pa. O.C. Rule 12.3(a).
CRITICALCivil cases
- Applies to
- Stipulation
A stipulation used to determine delay damages must state whether an offer was made in writing, the amount of the offer, and its date.
1) Accepting a stipulation from the parties which contains the following: a) whether an offer was made in writing; b) the amount of the offer; c) the date of the offer, or
CRITICALCivil cases
- Applies to
- Agreement order
If the parties resolve all issues at conference, the Officer must prepare an order for court review; if approved, it must be filed and distributed to counsel or any unrepresented party.
If the parties are able to reach an agreement during the conference resolving all of the issues raised, the Custody Conference Officer shall prepare an order memorializing the agreement, to be forwarded to the court for review. If approved, the order shall be filed with the Prothonotary and copies distributed to counsel, or to any unrepresented party.
CRITICALCivil cases
- Applies to
- Scheduling order
The Custody Conference Officer must set the initial conference details and file a scheduling order with the Prothonotary upon receipt of a modification or contempt petition.
Upon receipt of a Petition for Modification or Petition for Contempt, the Custody Conference Officer shall set the date, time and place of an initial conference and file a scheduling order with the Prothonotary.
CRITICAL
- Applies to
- Petition
- (a) the name, residence at time of death and date of death of the decedent and whether he died testate or intestate; - (b) the date of the grant of letters; - (c) that the personal representative is not otherwise authorized by statute to sell the property or is not authorized or is denied the power to do so by the Will, or that the sale has the effect of a judicial sale stating the reasons therefore; - (d) 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 shown therein; - (e) if the personal representative entered bond with the Clerk, the name of the surety and the amount of such bond; - (f) the names and relationships of all parties in interest, whether any of them are minors, incompetents or estates of deceased, and if so, the names of their fiduciaries, if any, and a brief description of their interest in the property; - (g) the improvements on the property, by whom it is occupied, if anyone, its rental value and its current tax assessment; and, - (h) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
- (a) the name, residence at time of death and date of death of the decedent and whether he died testate or intestate; - (b) the date of the grant of letters; - (c) that the personal representative is not otherwise authorized by statute to sell the property or is not authorized or is denied the power to do so by the Will, or that the sale has the effect of a judicial sale stating the reasons therefore; - (d) 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 shown therein; - (e) if the personal representative entered bond with the Clerk, the name of the surety and the amount of such bond; - (f) the names and relationships of all parties in interest, whether any of them are minors, incompetents or estates of deceased, and if so, the names of their fiduciaries, if any, and a brief description of their interest in the property; - (g) the improvements on the property, by whom it is occupied, if anyone, its rental value and its current tax assessment; and, - (h) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.
CRITICAL
- Applies to
- Notice of filing of account and statement of proposed distribution
The notice of filing of the account and statement of proposed distribution must substantially follow the form prescribed by Rule NOC-17.2.
The notice of filing of the account and statement of proposed distribution required by Rule NOC-6.3C shall be substantially in the following form:
CRITICAL
- Applies to
- Brief
Each brief must include a statement of facts, a statement of the questions involved, and an argument.
B. CONTENT - The brief shall include a statement of the facts, a statement of the questions involved and an argument.
CRITICAL
- Applies to
- Pro se petitions and motions
Pro se petitions and motions must be filed and docketed with the Clerk of Court; submissions sent elsewhere will be returned with a copy of the rule.
All pro se petitions and motions must be filed and docketed in the Office of the Clerk of Court. Petitions and motions sent to any other office shall be returned with a copy of this rule attached thereto.
CRITICALCivil cases
- Applies to
- Report and award
Delay damages must be separately itemized for each party on the appropriate form, only the total award may appear on the Report and Award, and the computation form must be appended when the Report and Award is filed.
(c) The arbitrators shall separately enumerate the delay damages as to each party on the appropriate form, and then add this amount to the principal sum awarded in order to reach a total amount of award. Only the total amount shall be shown on the Report and Award but the computation form must be appended to the Report and Award when filed.
CRITICAL
- Applies to
- Address notice
You must keep the Court informed of your current address so you can receive actual notice of hearings.
You must keep the Court informed of your current address so that you receive actual notice of all hearings.
CRITICAL
- Applies to
- Family exemption claim
A family-exemption claim requires a petition and court order only when an appraisal of personal or real property is necessary.
A. If the exemption is claimed, a petition and order of court will be required only when an appraisal of personal property or real estate is necessary.
CRITICAL
- Applies to
- Individual fiduciary affidavit
The individual fiduciary affidavit must contain the prescribed verification and acknowledgment of penalties for false statements.
_____, the within named fiduciary(ies) verify(ies) that the facts set forth in the foregoing account and statement of proposed distribution, which are within the personal knowledge of the fiduciary(ies), are true, and as to facts based on information of the others, the fiduciary(ies), after diligent inquiry, believe(s) them to be true. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
CRITICAL
- Applies to
- Statement of proposed distribution
The statement includes the decedent’s date of death.
1. Date of death:
CRITICALCivil cases
- Applies to
- Petition for special relief
A party seeking special relief for immediate danger or an emergency must submit a separate petition with the specified heading and allege facts clearly specifying the danger to the child's welfare.
Where a party believes there is an immediate clear and present danger to the child(ren), or an emergency requiring immediate court action, that party may file a petition for special relief. The petition for special relief must be presented as a separate document headed "Petition for Special Relief." The petition shall conform to the requirements of Pa.R.C.P. No. 1915.15, as may be applicable, and must allege facts which clearly specify the clear and present danger to the welfare of the child(ren).
CRITICAL
- Applies to
- Brief
A brief’s factual statement must be a condensed chronological narrative of the necessary facts and include the case’s procedural history.
1. The statement of the facts shall consist of a closely condensed chronological statement, in narrative form, of all the facts which are necessary to be known in order to determine the points in controversy, and include a procedural history of the case showing how the case came before the Court.
CRITICALCivil cases
- Applies to
- Agreement of reference
A reference agreement signed by all parties and their counsel may refer a case to arbitration, may include agreed facts or waived defenses, and must replace the pleadings and be filed of record.
In addition, cases, whether or not at issue and without regard to the amount in controversy, may be referred to a Board of Arbitrators by an agreement of reference signed by all of the parties and their counsel. The agreement of reference may contain stipulations as to facts agreed upon or defenses waived. In such cases, the agreement of reference shall take the place of the pleadings and shall be filed of record.
CRITICAL
- Applies to
- Periodic report of guardian of estate
A guardian of the estate must file periodic reports in substantially the Rule NOC-14.10 form.
Within one (1) year of the date of appointment and annually thereafter, or with such great frequency as the Court may direct, every guardian of the estate of an incapacitated person shall file a periodic report of the guardian of the estate in substantially the form prescribed by Rule NOC-14.10.
CRITICAL
- Applies to
- Periodic account
The periodic account must state the incapacitated person's needs that the guardian of the estate provided for since the last report.
6. Needs of the incapacitated person for which the guardian of the estate has provided since the last report are as follows: _____
CRITICAL
- Applies to
- Statement of proposed distribution
The statement identifies the newspapers and publication dates for the advertisement of the granting of Letters.
4. State names of newspapers and dates on which advertisement of granting of Letters was published:
CRITICAL
- Applies to
- Plea agreement
Before submitting a rejected plea agreement in the same or substantially the same form to another judge, the submitting party must notify the judge who rejected it and disclose the rejection to the receiving judge.
A plea agreement which has been rejected by one of the judges of the Court of Common Pleas shall not be submitted to another judge in the same or substantially the same form without prior notice to the judge who rejected the plea and disclosure of said rejection to the judge receiving the plea.
CRITICAL
- Applies to
- Statement of proposed distribution
If the accountant asks an auditor or the Court to decide an issue, the statement sets forth that issue.
14. Where the accountant is requesting that any issue be decided by an auditor or by the Court, set forth any such issues:
WARNING
- Applies to
- Notice of address
You should immediately complete and return the attached notice of address to the Court indicating your correct address so that you will receive copies of all legal papers, court orders and hearing notices filed in this case.
You should immediately complete and return the attached notice of address to the Court indicating your correct address so that you will receive copies of all legal papers, court orders and hearing notices filed in this case.
WARNING
- Applies to
- Praecipe
A praecipe placing a case on the argument and equity list must briefly identify the matter to be argued.
Where the case is ordered onto the argument and equity list by praecipe, the praecipe shall briefly identify the nature of the matter to be argued.
WARNING
- Applies to
- Written request
An attorney may be excused from the call if the Court approves counsel's written request explaining the reasons for unavailability.
Court approval has been given based upon a written request by counsel outlining his reasons for his unavailability.
WARNING
- Applies to
- Written authorization
The Court may direct repayment of a cash deposit to the defendant's attorney of record if the party who posted the deposit gives written authorization.
Upon authorization in writing of any party who posted a cash deposit, the Court may order whatever amount is repayable from such deposit to be paid to the defendant's attorney of record.
WARNINGCivil cases
- Applies to
- Praecipe
Once the pleadings are closed and that party’s depositions and discovery are complete, a party may place the case on the trial list by filing a praecipe with the Prothonotary.
When the pleadings are closed, any party whose depositions and discovery proceedings have been completed may place the case on the trial list through the filing of a praecipe with the Prothonotary, who shall forward a copy of same to the Court Administrator.
WARNINGCivil cases
- Applies to
- Order directing compliance
An order directing compliance must, absent compelling circumstances, provide for payment to the moving party of the counsel fees and costs incurred to obtain compliance.
If it is necessary for the Court subsequently to issue an Order directing compliance with Pa.R.C.P. Rules 1920.31(a)(1) and 1920.33(a) such Order shall, in the absence of compelling circumstances, contain inter alia a provision for payment to the moving party of the counsel fees and costs incurred in obtaining compliance.
WARNING
- Applies to
- Non documentary evidence
At the conclusion of the proceeding, non-documentary evidence must be returned to the proponent unless the presiding judge provides otherwise.
B. Unless otherwise provided by the presiding judge, at the conclusion of the court proceeding, non-documentary evidence shall be returned to the proponent for safekeeping as required by any applicable retention schedule, statute, rule, regulation, or policy, or until further order of court.
WARNINGCivil cases
- Applies to
- Pretrial memorandum
At a subsequent conference, the previously submitted pre-trial memorandum must be updated if appropriate, but otherwise does not need to be submitted again.
At any such subsequent conference, the pre-trial memorandum previously submitted shall be updated if appropriate, but otherwise need not be resubmitted.
WARNING
- Applies to
- Petition
The petition should use language that is easily understood.
Language used in the petition should be easily understood.
WARNING
The record may not be transcribed before argument on post-trial motions unless a party petitions for and obtains Court approval.
B. No transcription of the record shall be made prior to argument on post-trial motions except upon petition by a party, approved by the Court.
WARNING
- Applies to
- Memorandum
An attorney may be excused from the call by providing the Court Administrator, three days beforehand, a written memorandum outlining the disposition of the attorney's caseload.
A written memorandum has been provided to the Court Administrator outlining the disposition of the attorney's caseload three (3) days prior to the Call of the Criminal Trial List;
WARNING
- Applies to
- Non documentary exhibit
For non-criminal matters, the proponent must retain non-documentary exhibits until the appeal period expires or any appeal is finally disposed of, whichever is later, unless otherwise ordered.
Unless otherwise ordered, the proponent shall maintain non-documentary exhibits for a minimum of the following time periods: - A. Non-criminal matters. Retain exhibits until the expiration of the appeal period or the final disposition of the appeal if one is taken, whichever is later.
WARNING
- Applies to
- Objections
If you have any objections to the account, you are respectfully asked to prepare your objections, in writing, make reference to the incapacitated person and court docket number, and, within 30 days of receiving this notice, mail or deliver the objections to the following:
If you have any objections to the account, you are respectfully asked to prepare your objections, in writing, make reference to the incapacitated person and court docket number, and, within 30 days of receiving this notice, mail or deliver the objections to the following:
WARNING
- Applies to
- Notice of account filing and request for appointment of auditor
- Must include
- caption, case number
The notice of filing of the account and request for appointment of an auditor must substantially follow the form provided.
The notice of filing of the account and a request for the appointment of an auditor required by Rule NOC-6.3C shall be substantially in the following form:
WARNING
- Applies to
- Non documentary exhibit
Unless otherwise ordered, non-documentary exhibits in criminal matters must be retained for 75 years in homicide cases, 20 years in felony cases, 10 years in misdemeanor cases, and 5 years in summary cases.
Unless otherwise ordered, the proponent shall maintain non-documentary exhibits for a minimum of the following time periods: - B. Criminal matters: - i. Homicides – 75 years. - ii. Felony cases – 20 years. - iii. Misdemeanor cases – 10 years. - iv. Summary cases – 5 years.
WARNING
- Applies to
- Petition
It is recommended that the petition include an affidavit from a physician or clinical psychologist describing the respondent's condition, limitations, and any harm from attending the incapacity proceeding.
It is recommended that an affidavit of a physician or clinical psychologist be attached which contains a description of the physical and mental condition, any functional limitations and whether or not the respondent would be harmed by attendance at the proceeding to determine incapacity.
WARNINGCivil cases
- Applies to
- Praecipe
When the Complaint contains the specified claims, no separate petition is required, and scheduling is accomplished by the Office of the Court Administrator after a praecipe is filed with the Prothonotary.
Where a Complaint contains a claim of alimony, alimony pendent lite, interim counsel fees and/or costs, and final counsel fees and/or costs, a separate petition need not be filed, but scheduling will be accomplished by the Office of the Court Administrator upon the filing of a praecipe with the Prothonotary.
WARNING
- Applies to
- Statement of proposed distribution
- Must include
- caption, case number
The statement of proposed distribution must substantially follow the form provided.
The statement of proposed distribution required by Rule NOC-6.9A shall be substantially in the following form:
WARNING
- Applies to
- Written authorization
If the Court orders the defendant to pay a fine and costs of prosecution, the balance of any cash bail deposited by the defendant may be applied to the payment of said fine and costs upon written authorization of the defendant. Where a third-party surety has posted a deposit, the deposit may be applied to the payment of fine and costs upon the written authorization of third-party surety.
If the Court orders the defendant to pay a fine and costs of prosecution, the balance of any cash bail deposited by the defendant may be applied to the payment of said fine and costs upon written authorization of the defendant. Where a third-party surety has posted a deposit, the deposit may be applied to the payment of fine and costs upon the written authorization of third-party surety.
WARNINGCivil cases
- Applies to
- Praecipe
The praecipe shall be prepared substantially in the following form:
The praecipe shall be prepared substantially in the following form:
WARNING
- Applies to
- Praecipe
If resolving factual issues requires testimony before the Court, the praecipe must note that fact.
Where the resolution of factual issues necessitates the taking of testimony before the Court, such fact shall be noted by the praecipe.
WARNING
- Applies to
- Affidavit
F. If a parent of a child cannot be located or identified, Children and Youth Services shall file an affidavit setting forth the nature and extent of
F. If a parent of a child cannot be located or identified, Children and Youth Services shall file an affidavit setting forth the nature and extent of
WARNINGCivil cases
- Applies to
- Brief
Cases on the argument list ordinarily require oral arguments and briefs unless the Court agrees to consider the case on briefs only.
Cases on the argument list ordinarily require oral arguments and briefs unless the Court agrees to consider the case on briefs only.
INFOCivil cases
- Applies to
- Praecipe for argument
A party may request oral argument on a petition and answer by promptly filing a praecipe for argument.
(7) A party may request oral argument as to any petition and answer by promptly filing a praecipe for argument.
INFOCivil cases
- Applies to
- Response
A response to a motion does not have to be filed with a brief.
A brief need not be filed with a response.
What must be included with periodic report of guardian filings in Court of Common Pleas of Northumberland County, Pennsylvania?
The periodic report of a guardian of the person must substantially follow the form provided.
What must be included with filing filings in Court of Common Pleas of Northumberland County, Pennsylvania?
When required, the accountant must file a copy of any Attorney General response before confirmation.
What must be included with statement of proposed distribution filings in Court of Common Pleas of Northumberland County, Pennsylvania?
If completing the tax schedule, the statement gives the tax rate and total tax paid.
19 more rules answer this question.
What must be included with petition filings in Court of Common Pleas of Northumberland County, Pennsylvania?
Petitions addressed to the Court must be filed with the Prothonotary, who must promptly file-stamp them and make a brief docket entry.
14 more rules answer this question.
What must be included with petition for modification or contempt filings in Court of Common Pleas of Northumberland County, Pennsylvania?
A petition for modification or contempt must include a copy of the most recent custody order.
1 more rule answers this question.
What must be included with award filings in Court of Common Pleas of Northumberland County, Pennsylvania?
The computation form must be appended when the Award is filed.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.