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

CRITICALCivil cases

After reviewing the petition and any report and determining whether ex parte relief is warranted, the court will schedule a hearing within 10 days of the ex parte order.

The Court will review the Petition and Report and determine if ex parte relief is warranted, and schedule a hearing to be held within 10 days of the ex parte order.

CRITICALCivil cases

No hearing may be scheduled during the 30-day period after service of the Complaint or petition, during which the parties must file their most recent federal tax return, six months of pay stubs, and a completed income and expense statement.

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

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

A report filed pursuant to Pa. O.C. Rule 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

Motions, petitions, and other applications addressed to the Court must be filed with the Clerk, who must promptly file-stamp them and make a brief docket entry.

B. Motions, petitions and other applications addressed to the Court shall be filed with the Clerk of Court, who shall promptly file-stamp same and make a brief docket entry.

CRITICAL

The auditor-appointment motion must be filed at the same time as the account when the fiduciary does not file a statement of proposed distribution.

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.

CRITICAL

The Clerk of Court must clock in all pro se filings.

All pro se filings must be clocked in by the Clerk of Court.

CRITICAL

Noncompliant pro se filings must be noted and forwarded immediately to the Office of the Court Administrator.

Filings which are not in compliance with the law, rules of court or the appropriate fee schedule shall be duly noted and forwarded immediately to the Office of the Court Administrator.

CRITICAL

The Clerk of the Orphans' Court must clock in all pro se filings.

All pro se filings must be clocked in by the Clerk of the Orphans' Court.

CRITICAL

Noncompliant pro se filings must be noted and forwarded immediately to the Office of the Court Administrator.

Filings which are not in compliance with the law, rules of court or the appropriate fee schedule shall be duly noted and forwarded immediately to the Office of the Court Administrator.

WARNING

After the appeal is filed, the Clerk must immediately forward the copy to the Court Administrator.

The original and one (1) copy shall be filed with the Clerk and the Clerk shall immediately forward the copy to the Court Administrator.

WARNINGCivil cases

For a claim for alimony pendente lite, the filing date is the effective date of any subsequent alimony pendente lite Order.

The filing date shall be the effective date of any subsequent Order for alimony pendente lite.

WARNINGCivil cases

A severance or bifurcation petition may be filed at any time, but the Court will not consider it until the applicable divorce notice has been mailed or delivered or the Master’s Report has been filed.

A petition for severance or bifurcation may be filed at any time. However, the request will not be considered by the Court until either the Notice of Intention to Request Entry of Divorce Decree has been duly mailed or delivered in the case of divorce actions proceeding on no fault grounds where no hearing is required on the issue of the divorce, or the Master’s Report has been filed in the case of divorce actions proceedings on fault grounds or no fault ground if a hearing has been required on the issue of divorce.

CRITICAL

The petitioner must provide the proposed findings to the Court no later than the hearing.

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

Deadline

48 hours

For a defendant held in a county facility, at least 48 hours' notice is required for the transportation order.

If the defendant is incarcerated in a facility located in the county, a minimum of forty-eight (48) hours notice is required.

CRITICAL

The accountant must file the required notice affidavit before confirmation.

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.

CRITICAL

If no exceptions are filed within 10 days after notice of the adjudication filing, the Clerk enters the decree nisi as the final decree upon praecipe.

If no exceptions are filed within ten (10) days after notice of the filing of the adjudication, the decree nisi shall be entered by the Clerk, upon praecipe, as the final decree.

CRITICAL

Appointed counsel must file an amended post-conviction petition stating specific grounds for relief within 20 days of the latest of the pro se petition, counsel's appointment, or filing of requested transcripts.

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. The amended petition must be filed within twenty (20) days of the filing of the pro se petition or within twenty (20) days of the appointment of counsel or within twenty (20) days from the filing of any requested transcripts, whichever is later.

CRITICALCivil cases

The certificate of service must be filed with the Prothonotary no later than the scheduled conference date.

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.

CRITICALCivil cases

A request to recuse an appointed arbitrator must be submitted within seven days of the arbitrator’s appointment.

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

The required pre-trial statement must be filed at least 20 days before the scheduled hearing.

The pre-trial statement required by Pa.R.C.P. No. 1920.33(b) shall be filed and served upon the other party at least twenty (20) days prior to the scheduled hearing.

CRITICALCivil cases

An opposing party or counsel must submit the witness-and-time report to the Court Administrator within 10 days of the hearing notice.

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.

CRITICAL

When an adoption investigation is necessary, the investigating agency must conclude it and file its report no later than 90 days after the notice of intention to adopt is filed.

If an investigation of the adoption petition is necessary, the Court shall order the investigating agency to conclude its investigation and file its report not later than ninety (90) days after the filing of the notice of intention to adopt.

CRITICAL

Deadline

5 business days

The custodian must file the exhibits and index within five business days after the proceeding concludes.

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.

CRITICALCivil cases

The moving party must file its Pre-Arbitration Memorandum at the same time it files its arbitration certificate of readiness.

(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.

CRITICAL

The legal-representation status report must be filed at least seven days before the petition hearing.

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

Submit the pre-trial memorandum to the Court at least five days before the scheduled pre-trial conference.

NOTE: The memorandum is to be submitted to the Court and to each party at least 5 (five) days prior to the time of the scheduled pre-trial conference.

CRITICALCivil cases

An opposing party or counsel must submit the witness-and-time report to the Court Administrator within 10 days after notice of the arbitration hearing.

(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.

CRITICAL

Deadline

14 business days

For a defendant incarcerated outside the county, the Transportation Order must be filed at least 14 business days before the hearing or trial, excluding the filing day, hearing day, and holidays.

All Transportation Orders must be filed with the Clerk of Courts and served upon the Sheriff of Northumberland County [three (3) certified copies] a minimum of fourteen (14) business days (not counting the day of filing, the day of the hearing, or holidays) prior to the scheduled date of hearing or trial when the defendant is incarcerated in an out of county facility.

CRITICAL

Unless another rule provides otherwise, exceptions must be filed within ten days after the relevant order, decree, adjudication, or other matter is filed; the Court may extend the period for cause shown.

Except as otherwise provided in these rules, all exceptions shall be filed within ten (10) days of the date of the filing of the order, decree, adjudication or other matter, unless said period is extended by the Court for cause shown.

CRITICAL

Objections to the account or proposed distribution must be filed with the Clerk by the Friday before the Court confirms them.

If you object to any portion of the account or statement of proposed distribution you must file objections with the Clerk of Orphans' Court by _____ (the Friday before the account and statement of proposed distribution will be confirmed by the Court).

CRITICAL

The moving party must file its brief 14 days before the argument date.

The moving party shall file a brief fourteen (14) days before the date set for argument.

CRITICALCivil cases

Deadline

2 business days

The Custody Conference Officer or court may conduct an immediate ex parte proceeding after filing, and any such proceeding must be held within two business days after the petition is presented to the court.

Upon filing the petition for special relief, the Custody Conference Officer or the court may conduct an immediate ex parte proceeding, which shall be held within two (2) business days of the presentation of the petition to the court;

CRITICALCivil cases

When a case is at issue, the case may be ordered upon the next available arbitration list by filing with the Prothonotary an arbitration certificate of readiness on or before 45 days preceding the next arbitration schedule.

When a case is at issue, the case may be ordered upon the next available arbitration list by filing with the Prothonotary an arbitration certificate of readiness on or before 45 days preceding the next arbitration schedule.

CRITICAL

Any party may file exceptions within 10 days after notice of the adjudication filing.

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

The non-moving party must file its Pre-Arbitration Memorandum within 20 days of receiving the moving party's memorandum.

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

An objection to appointing an auditor must be made by motion within ten days after notice that the appointment motion was filed.

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

The guardian of the estate must file the first periodic report within one year of appointment and annually thereafter, unless the Court directs more frequent filing.

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

The accountant or any other party in interest may address a motion to the Court requesting the appointment of an auditor to resolve issues raised by any objections. Any such notice shall be filed within ten (10) days after notice of the filing of the objections.

The accountant or any other party in interest may address a motion to the Court requesting the appointment of an auditor to resolve issues raised by any objections. Any such notice shall be filed within ten (10) days after notice of the filing of the objections.

CRITICAL

The accountant must file proof of service and any Attorney General response before confirmation when notice to the Attorney General is required.

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

The guardian of the person must file the first periodic report within one year of appointment and annually thereafter, unless the Court directs more frequent filing.

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

A non-complying party must file the required information within 30 days after service of the rule.

If a party fails to comply with Pa.R.C.P. Rules 1920.31(a)(1) and 1920.33(a), on praecipe of any party who has complied therewith, a rule shall be entered upon a non-complying party to file the information required by said Rules within thirty (30) days of the service of the rule.

CRITICAL

The respondent must file its brief 7 days before the argument date.

The respondent shall file a brief seven (7) days before the date set for argument.

CRITICAL

For a defendant held outside the county, the transportation order must be filed with the Court and served on the Sheriff at least five days before the hearing or trial.

All transportation orders must be filed with the Court and served upon the Sheriff of Northumberland County a minimum of five (5) days prior to the scheduled date of hearing or trial when the defendant is incarcerated in an out of county facility.

CRITICAL

If the Court orders an answer to a post-conviction collateral relief motion, the answer must be filed within ten days after the order is filed.

Pursuant to Pa. R. Crim. P. 1506(a), the Court may order an answer to be filed to a motion for post-conviction collateral relief. When ordered to file an answer, said answer shall be filed within ten (10) days of the filing of the order.

CRITICALCriminal cases

The Local Rule must be compiled into the complete set of local rules no later than 30 days after publication in the Pennsylvania Bulletin.

(5) Thereafter, compile the Local Rule within the complete set of local rules no later than 30 days following the publication in the Pennsylvania Bulletin.

CRITICALCivil cases

The certificate of service must be filed with the Prothonotary no later than the scheduled conference date.

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

The bail bond, administrative fee, nonappearance statement, and forfeiture order must be transmitted to the Clerk of Court immediately in the specified cases.

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.

CRITICAL

Children and Youth Services must file the placement-change writing with the Court within five days after the change.

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

Objections must be filed with the Clerk before the courthouse closes on the Friday preceding the account-confirmation date.

B. All objections must be filed with the Clerk prior to the close of business of the Northumberland County Courthouse on the Friday before the date fixed for confirmation of the account.

CRITICAL

A praecipe placing a case on the argument and equity list must be filed no later than 30 days before argument court.

The Prothonotary shall prepare an argument and equity list consisting of all cases ordered thereon either by the Court or by praecipe filed not later than thirty (30) days before the argument court, which shall commence as per the official court calendar.

CRITICALCivil cases

The pre-trial memorandum must be submitted five days before the pre-trial conference.

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

If proper notice has been given and no objections filed, accounts and proposed distributions filed by the tenth are confirmed on the fourth Monday of the following month, or the next day if that Monday is a holiday.

All accounts and statements of proposed distribution which are filed by the tenth (10th) day of the month, provided that proper notice has been given and no objections filed, shall be confirmed by the Court on the fourth (4th) Monday of the following month, unless that day is a holiday, in which event confirmation shall be made the next day.

CRITICALCivil cases

Responses to motions must be filed within 20 days after service unless the court modifies the deadline.

Any responses to a motion shall be filed within twenty (20) days after service of the motion, unless the time for filing the response is modified by court order.

WARNINGCivil cases

A change of address must be filed promptly.

Any change of address shall be promptly filed on a separate paper entitled “Notice of Change of Address.”

WARNING

The written caseload memorandum must be provided to the Court Administrator three days before the Criminal Trial List call.

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;

WARNINGCivil cases

When no other issues are involved in the specified divorce or annulment actions, either party may file a motion to appoint a Master once 20 days have elapsed after service of the complaint.

Where no other issues are involved except termination of the marriage by divorce or annulment under Section 3301(a) and (b) and Sections 3303-3305 of the Divorce Code, the motion for appointment of a Master may be filed by either party as soon as twenty (20) days have elapsed following the service of the complaint.

WARNING

When a written arraignment waiver is filed before the scheduled arraignment, that scheduled date is used to compute filing time limits for the specified pre-trial motions and requests.

If a written waiver of arraignment is filed prior to the scheduled date of arraignment, the scheduled date of arraignment shall be deemed the day of arraignment for the purpose of computing time limitations for filing all pre-trial motions and requests pursuant to Pa. R. Crim. P. Nos. 304, 305, and 307.

WARNINGCivil cases

When a case is at issue, a party may seek placement on the next available arbitration list by filing a certificate of readiness with the Prothonotary no later than 45 days before the next arbitration schedule.

When a case is at issue, the case may be ordered upon the next available arbitration list by filing with the Prothonotary an arbitration certificate of readiness on or before 45 days preceding the next arbitration schedule.

WARNING

Objections are requested within 30 days of receiving the notice, but missing that period does not preclude filing them later.

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: - 1. Orphans' Court Clerk Northumberland County Courthouse 201 Market Street Sunbury, PA 17801 - 2. Chambers of Judge _____ (Name of Judge who appointed the fiduciary) - 3. _____ (fill in name and address of the fiduciary making the periodic account). Not filing your objections within the 30 days does not preclude you from filing them at some future time including the time when the formal account or first and partial account is filed.

WARNING

Supplemental briefs may be filed by leave of court and within such time as the Court may direct.

Supplemental briefs may be filed by leave of court and within such time as the Court may direct.

WARNINGCivil cases

The Court may treat failure to meet established brief deadlines as withdrawal of the matter or opposition and may enter an appropriate disposition order.

Failure to file briefs in accordance with the established deadlines may be considered by the Court to be a withdrawal of the matter listed by the moving party or the withdrawal of opposition thereto by the opposing party, as the case may be, and the Court may make an appropriate order disposing of the same.

WARNING

If no exceptions are taken within ten days after the report is filed, the Court may enter a decree confirming the auditor’s report and adopting the master’s report.

If no exceptions are taken to an auditor's or master's report within ten (10) days of the date of its filing, the Court may enter a decree confirming the auditor's report and adopting the master's report.

WARNING

The notice asks recipients to submit objections within 30 days of receiving it, but missing that period does not prevent filing objections later, including when a formal or first and partial account is filed.

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: Not filing your objections within 30 days does not preclude you from filing them at some future time including the time when the formal account or first and partial account is filed.