Court of Common Pleas of Perry County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- 1 copy • Upon Filing
Adjournments
- For a proceeding scheduled before a Judge, a continuance motion and order must be filed with the Prothonotary and presented to the Court at least five business days beforehand when circumstances allow; the motion must state its grounds and address prior grants and other parties’ positions or contact efforts.
- For a matter scheduled before an arbitration panel, the moving party must file a continuance motion and order with the Prothonotary and present them to the Court at least five business days before the proceeding; the motion must state its grounds and address prior grants and other parties’ positions or contact efforts.
- For a continuance sought for reasons other than an agreement, the party must file a motion stating the grounds, prior granted continuances, and the other parties' position or contact efforts; file and present it at least five business days beforehand where circumstances allow. The rescheduled date must be within 90 days of assignment.
- By mutual agreement, parties who believe they have an unexecuted agreement may seek a general 30-day continuance on one business day's notice to the Conciliator; if no agreement is presented or rescheduling requested within 30 days, a new motion and scheduling order are required.
Page & Word Limits1 rule
Unless special permission is obtained from the Court, briefs shall be no more than ten (10) pages in length.
- Brief
- Up to 10 pages
Document Format Requirements7 rules
All pleadings and papers shall be filed without blue backs, toppers or cover sheets of any kind.
Formatting
- •Do not include blue backs, toppers or cover sheets of any kind
All pleadings and papers filed with the Prothonotary shall have a margin of at least one (1) inch on the top, bottom and left and at least a one-half ( 1/2) inch margin on the right of the page.
- Margins
- Top 1 inch; Bottom 1 inch; Left 1 inch; Right 0.5 inches
All pleadings and other legal papers filed with the Prothonotary shall be on paper size 8½ x 11 inches and secured by one staple located in the upper left hand corner.
- Paper size
- Letter
- Binding
- Stapled
The Arbitration Report and Award shall be in the form set forth in Pa. R.C.P. 1312.
An Appeal from an Award of Arbitrators shall be filed in the Office of the Prothonotary in duplicate and shall be accompanied by the non-refundable filing fee.
The specified custody complaint or petition must be filed with the original, three copies, and a Scheduling Order for Custody Court.
Court's wording
The original and three (3) copies of a Custody Complaint, or Divorce Complaint with a Custody Count or Petition for Modification or for Contempt and a Scheduling Order for Custody Court shall be filed with the Prothonotary who shall thereafter forward the original to the Court for scheduling a date in Custody Court.
If a party desires the child (ren) to be present at the Conciliation Conference, he/she shall make said request in writing of the Conciliator
Formatting
- •The request must be made in writing to the Conciliator
Document Filing Requirements58 rules
A surety company must have a current certificate of its right to do business on file with the Clerk, and a certificate issued after March 31 must be on file before the company executes a bond after May.
Court's wording
Surety companies authorized to do business in this Commonwealth may become surety on any bond or obligation required to be filed in the Court; provided that a current certificate of the right to do business, issued by the Insurance Department of this Commonwealth; shall be on file with the Clerk of the Orphans' Court, and provided, further, that no bond shall be executed by any surety company after May of any year, until such certificate, issued after March 31 of that year, shall have been on file with the Court.
Each party must file a mediation statement at least 10 days before mediation containing the specified facts, legal issues, reports, damages, and settlement information.
Court's wording
At least ten (10) days prior to the mediation, each party shall file and serve on the other party a mediation statement which must include the following: (1) a succinct explanation of the facts and relief sought; (2) significant legal issues that remain unsolved; (3) summary of medical and expert reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale.
If the case is unresolved, the mediator must send a report stating the mediator's assessment and settlement recommendation.
Court's wording
If the case has not been resolved, within fourteen (14) days from the date of the mediation, the mediator shall send a report setting forth the mediator's assessment of the case and the mediator's recommendation regarding settlement.
If the case is resolved and a settlement agreed upon, the mediator shall send a letter to the Judge, with copies to counsel and the District Court Administrator.
The published sale notice must include the property's location and area, available improvements and deed or survey description, and the last recorded deed grantee and recording reference.
Court's wording
The published public notice of the sale shall contain the following information: - (i) the address of the property and the municipality in which it is located; - (ii) the area of the property in terms of acres or square feet; - (iii) a list of the improvements of the property, if one is available; - (iv) a deed or survey description of the property, if one is available - (v) the name of the grantee of the last recorded deed for the property, together with the deed/record book or instrument number.
A small-estate settlement petition must set forth the specified information concerning the decedent, petitioner, estate, interested persons, claims, taxes, notice, and requested distribution.
Court's wording
(a) Contents of Petition. A Petition under section 3102 of the Probate, Estates and Fiduciaries Code of 1972 (20 Pa C.S. Section 3102), for the settlement of a small estate shall set forth - (1) the name, date of death and residence of decedent; - (2) the name and address of the petitioner, his relationship to the decedent and whether or not he formed a part of the decedent's household at the date of his death; - (3) if petitioner be the surviving spouse, the date and place of the ceremonial marriage, and the name and official capacity of the person who performed the ceremony; or, in the case of a common law marriage, all averments necessary to establish the validity of such marriage; - (4) whether the decedent died testate or intestate; where, when and to whom letters were granted, and the amount of bond given by the personal representative; - (5) the names, relationships and a brief description of the interest of all persons entitled to share in the decedent's estate under the will or intestate laws, stating which are minors, incapacitated persons or deceased, with the names of their fiduciaries, and whether any of them has received or retained any property of the decedent by payment of wages under Section 3101 of the Probate, Estates and Fiduciaries Code (20 Pa. C.S. Section 3101) or otherwise; - (6) the person entitled to the family exemption, and the facts on which the claim is based; - (7) an itemized statement of the property of the decedent and an appraisal thereof; - (8) the disbursements made prior to the filing of the petition; the date and name of the person to whom paid; and the nature and amount of each payment; - (9) the names and all unpaid claimants of whom the petitioner has notice or knowledge; the nature and amount of each claim; and whether such claims are admitted; - (10) that a schedule of assets and deductions for inheritance tax purposes has been filed with the Register; the amount of any inheritance tax assessed; and the date of payment thereof; - (11) that ten days' written notice of intention to present the petition has been given to every unpaid beneficiary, heir or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown; and (12) a prayer for distribution of the property, setting forth the persons entitled and their distributive shares and requesting the discharge of the personal representative and the release of their surety, if letters have been granted and advertised.
The small-estate settlement petition must have the listed exhibits attached.
Court's wording
(b) Exhibits. The following exhibits will be attached to the petition; - (1) a copy of decedent's will; - (2) consents of the surety, and of unpaid beneficiaries, heirs and claimants who consent thereto; - (3) a copy of the notice given; and - (4) the inheritance tax voucher, or in lieu therefore a statement from the Pennsylvania Department of Revenue that no tax is due.
A petition to determine title must set forth the specified information about the petitioner, claim, decedent, real property, creditors, interested parties, and title.
Court's wording
(a) Contents of Petition. A petition under section 3546 of the Probate, Estates and Fiduciaries Code of 1972 (20 Pa. C.S. Section 3546) for the determination of title shall set forth - (1) the name of the petitioner and his relationship to the decedent; - (2) the facts on which the claim of the petitioner is based; - (3) whether the decedent died testate or intestate, and where, when and to whom letters were granted; - (4) a description of the real property located within the Commonwealth, and the place, book and page and/or instrument number of recording of the last deed thereto; - (5) the names and addresses of all known creditors and interested Parties; and - (6) the facts material to a determination of the title.
The petition to determine title must have the specified notice and a copy of the decedent's will attached.
Court's wording
(b) Exhibits. The following exhibits shall be attached to the Petition: - (1) the notice which has been given to creditors, and interested parties; if the heirs of the decedent are unknown, a copy of the notice given to the Attorney General; and a - (2) a copy of the decedent's will.
When the auditor has his report completed, he/she shall present it to the Court along with a proposed Decree Nisi for consideration by the Court.
At the pre-hearing conference, the accountant or the accountant’s attorney must present the specified written claim notices, a list of other known creditors, and the claims recommended for allowance.
Court's wording
The auditor shall schedule a pre-hearing conference at which time the accountant or his attorney shall present to the auditor all written notices of claims of creditors, legatees, devisees, next of kin and other interested parties in the estate given the accountant and also a list of all other creditors of which he/she has any information and mention the claims of creditors he recommends for allowance.
The Estate and exceptant(s) shall each provide to the auditor an estimate of the amount of time needed to present their case.
(b) Certification by Register. When the record has been certified by the Register, the petition required by subparagraph (a) shall be presented by the party who instituted the contest, or, in special circumstances, as the Court may direct.
The petition to fix a hearing date must state the nature of the proceedings before the Register, the basis for certification, and the names and addresses of all interested parties, including nonparties of record.
Court's wording
(a) Contents of Petition. A Petition to fix a date for a hearing from a certification of record to the court from the Register shall be promptly presented to the court and shall set forth; - (1) the nature of the proceedings before the Register; - (2) the basis for the certification of record; and - (3) the names and address of all interested parties including those who have not been made parties to the record.
- (a) Contents of Petition. When an appeal is taken from a judicial act of, or proceeding before, the Register, the contestant shall promptly present a petition to the Court, which shall set forth: - (1) the nature of the proceeding before the Register; - (2) the basis for the appeal; and
(3) the names and address of all interested parties, including those who have not been made parties to the record.
(c) If a jury trial is granted, as provided in subparagraph (a) or (b) hereof, the Court shall enter a decree specifying the issues to be tried, which may be in the form agreed upon by the parties, or as the court shall determine.
Where a party files a petition seeking emergency relief, said petition shall be designated as such in the title of the petition.
The petition must be accompanied by an order in the form of a Rule to Show Cause pursuant to Pa. R.C.P. No.206.5.
A petition or answer to a petition containing an allegation of fact not otherwise on the record must be accompanied by a verification.
Every motion must cite applicable legal authority permitting the requested relief.
Court's wording
All motions shall contain a specific citation to the relevant constitutional provision, case law, statute, regulation, rule of Court or other applicable legal authority that permits the Court to grant the relief requested.
When any matter submitted to the Court requires oral argument, the party seeking oral argument shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
- Document
- Scheduling order
Must include
- •A blank scheduling order
If the moving party determines a motion is uncontested, it must include either the written consent of opposing counsel and unrepresented parties or a certification that they were contacted and do not contest it.
Court's wording
If the moving party determines that the motion is uncontested, the motion shall include the written consent by opposing counsel and all unrepresented parties or the motion shall include a certification that the moving party has been in contact with opposing counsel and all unrepresented parties and that opposing counsel and all unrepresented parties do not contest the motion.
All motions shall be accompanied by a proposed order setting forth the relief requested and shall indicate if briefs are requested including a proposed schedule for the same.
- Document
- Motion
Must include
- •Proposed order
If a party seeks oral argument, the moving party shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
- Document
- Scheduling order
Must include
- •A blank scheduling order
Where a party seeks a continuance for matters scheduled before a Judge, that party shall file with the Prothonotary a Motion for a Continuance and order that will allow the Court to either grant or deny said motion.
Briefs must include the listed procedural history, facts, questions, argument with citations, and conclusion requesting relief.
- Document
- Brief
Must include
- •Statement of facts
Court's wording
In addition to the requirements of Pa. R.C.P. No. 210, briefs shall contain: 1. a procedural history of the case; 2. a statement or counter-statement of facts; 3. a statement of the questions involved; 4. an argument with citations to the authority relied upon; 5. a conclusion setting forth the requested relief sought.
Where a party seeks a continuance for a matter scheduled before an arbitration panel, that party shall file, with the Prothonotary, a Motion for a Continuance and order that will allow the Court to either grant or deny said motion.
If the proceeding relates to a support matter, the same procedures applies as in paragraph (i) of this rule above except, the moving party shall file the Motion for Continuance with the Domestic Relations Office. Said motion shall be forwarded to the Judge for consideration. The moving party shall notify Domestic Relations and indicate in the motion, if their office objects to said motion prior to the filing of the motion.
If an amended pleading cures the preliminary objections before the scheduled argument or hearing, the party who filed the objections must notify the Court by filing a Praecipe to Withdraw them.
Court's wording
If the Preliminary Objections are cured by the filing of an amended pleading prior to the scheduled Argument or Hearing, it is the responsibility of the party that filed the Preliminary Objections to notify the Court that the scheduled Argument or Hearing is no longer required by filing a Praecipe to Withdraw said objections.
When Preliminary Objections are submitted to the Court, which requires oral argument, the party seeking oral argument shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
The original brief shall be filed with the Prothonotary’s Office with a Courtesy copy to the Court Administrator for transmittal to the appropriate Judge.
The moving party shall submit a scheduling order.
When a Motion for Judgment on the Pleadings is submitted to the Court, which requires oral argument, the party seeking oral argument shall submit a blank scheduling order to the Court upon filing the document with the Prothonotary.
An action will be referred to arbitration when either party or its counsel files a praecipe with the Prothonotary certifying that the pleadings are closed and the matter is ready for arbitration and shall include the estimated amount of time needed for the arbitration and list all counsel of record.
Cases may be referred to a Board of Arbitration by agreement of counsel for all parties; the written, signed agreement must be filed with the Prothonotary and define the issues, and it may include factual stipulations.
Court's wording
Cases, whether or not in litigation and regardless of the amount in controversy, may be heard by a Board of Arbitration upon agreement of counsel for all parties in the case. Such agreement shall be evidenced by providing in writing a document signed by counsel for all sides and shall be filed with the Prothonotary, who will forward a copy to Court Administration. Said agreement shall define the issues involved for determination by the Board of Arbitrators and may contain stipulations with respect to facts.
A Scheduling Order for Custody Court must be filed with the specified custody complaint or petition.
Court's wording
The original and three (3) copies of a Custody Complaint, or Divorce Complaint with a Custody Count or Petition for Modification or for Contempt and a Scheduling Order for Custody Court shall be filed with the Prothonotary who shall thereafter forward the original to the Court for scheduling a date in Custody Court.
Said documents shall contain the information as required by Local Rules 1915.15 and 1920.12 as provided therein.
A party must seasonably amend a pre-hearing statement when they learn a response was incorrect or is no longer true, and the court may order supplementation.
Court's wording
A party is under a duty seasonably to amend a Pre-Hearing Statement if he or she obtains information upon the basis of which he or she knows that i. the response was incorrect when made, or ii. the response though correct when made is no longer true. A duty to supplement a Pre-Hearing Statement may be imposed by Order of Court.
At the conference, each party shall provide the conciliator and each other with a pre-hearing statement substantially in the form provided in Local Rule 1915.26 insofar as said information is then available.
This report shall contain facts gathered by the conciliator during the conference.
The settlement filing must include an original and three copies of the fully executed stipulation, along with three proposed orders of Court.
Court's wording
If at any time prior to a scheduled proceeding, the parties are able to reach an agreement, counsel shall file within thirty (30) days an original and three (3) copies of the fully executed stipulation with three proposed orders of Court with the Prothonotary who shall forward the same to the Court for disposition.
The Order and Notice must include either the specified directive to register and attend the program within 60 days after service, or the specified statement that the parties previously attended.
Court's wording
(2) The Order and Notice shall also include the following: A. "The Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre-printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009." or B. "The parties have previously attended the "Education Program for Separated Parents" as evidenced by certificates of attendance in the official Court file to the following referenced case number _________ ."
Each custody, partial-custody, visitation, or modification complaint must include one of the specified averments about the separated-parents education program.
Court's wording
(1) In addition to the information required by Pa.R.C.P. 1915.15, every complaint for Custody, Partial Custody, Visitation or Modification shall contain one of the following averments: A. Plaintiff has been advised of the requirement to attend the seminar titled "Education Program for Separated Parents" offered by Penn State. or B. The parties have previously attended the "Education Program for Separated Parents" program as evidenced by certificates of attendance contained in the official Court file to the following referenced case number_________ and/or verification of certificate attached hereto.
Pre-Hearing Information must substantially follow the specified form, including the listed proposed-parenting-plan information.
Court's wording
The Pre-Hearing Information required pursuant to Local Rule 1915.3-4 shall be in substantially the following form: Pre-Hearing Information (to be submitted at the Conciliation Conference) Proposed Parenting Plan: 1. Names, addresses, ages and employment of parents and/or guardians (if different from Custody Complaint or Petition for Modification) 2. Names and ages of all children involved – state with whom living (if different from Custody Complaint or Petition for Modification) 3. Names and addresses of other parties involved (if any – Children and Youth, grandparents, foster parents, etc) 4. Has any party ever been referred to a Children and Youth Agency for alleged abuse or neglect for the subject children or any other children? 5. Has there been a Protection from Abuse Order entered against any party in the past twenty-four (24) months? If so, when? 6. Status of current Custody Orders or custody arrangements. 7. What schedule do you propose for consideration? 8. Addresses of children for past 5 years, state who had custody at each location (if different from Custody Complaint or Petition for Modification) 9. State who you believe should have legal custody (i.e. the right to make major decisions regarding the subject children.) 10. State what living arrangements you consider to be in the child (ren)’s best interests (i.e. where children should spend weekdays, weekends, holidays, vacations, where they should attend school.) 11. State any special needs your child/children may have. 12. State the kind of environment that you can provide (i.e. information about
It shall also have attached thereto an Order directing attendance at the Seminar in the form set forth in Perry or Juniata County Civil Rule 1920.12(3).
In all custody/visitation proceedings filed on or after May 1, 2004, each Notice Order and complaint shall include the additional information in accordance with Perry or Juniata County Civil Rule 1915.15.
Every complaint in a qualifying divorce proceeding must contain the additional information required by the referenced local rule.
Court's wording
In all divorce proceedings filed on or after May 1, 2004, where the parties have a child or children under the age of eighteen years, every complaint shall contain the additional information required by Perry or Juniata County Civil Rule 1920.12.
The affidavit of service shall include a statement that the opposing party was advised of the requirement to attend the "Education Program for Separated Parents" and served with the registration form.
Every Complaint in Divorce must include one of the specified averments about whether children under 18 were born of the marriage, listing their names and birth dates if applicable.
Court's wording
In addition to the information required by Pa.R.C.P. 1920.12, every Complaint in Divorce shall contain one of the following averments: a. Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage; or b. Plaintiff avers that there are children under the age of eighteen (18) years born of the marriage namely, to wit: (list names and dates of birth.)
When the stated conditions apply, the divorce complaint must include an order substantially in the provided form.
Court's wording
3. In the event there are children under the age of eighteen (18) years of age born of the marriage, and there is no averment that the parties previously attended the "Education Program for Separated Parents," the divorce complaint shall have attached thereto, an order in substantially the following [order] form:
The order directs both parties to register for and attend the program within 60 days after service by mailing the registration form and $45 fee to the specified address.
Court's wording
AND NOW, _________, the Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre- printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802- 7009.
The Order of Appointment shall note that the appointment is for all issues in all pleadings before the Court unless the same are specifically excluded.
or by request of any of the parties by filing a Request for a Court Appointed Mediator. Upon filing a request for a Court appointed mediator, the Judge to whom the case is assigned, shall appoint said mediator.
Attached to these rules, is the form to be used for the Request for a Court Appointed Mediator in Orphans' Court matters.
(c) Appraisal. No formal appraisal is required, unless ordered by the Court.
A motion need not be verified unless verification is required by general rule governing a particular motion or by order of Court.
Thereafter, the Court may require the parties to submit briefs in support of their respective positions.
Filing & Service rules
Filing Timing and Cure Windows
Each party must file the mediation statement at least 10 days before the mediation.
At least ten (10) days prior to the mediation, each party shall file and serve on the other party a mediation statement which must include the following: (1) a succinct explanation of the facts and relief sought; (2) significant legal issues that remain unsolved; (3) summary of medical and expert reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale.
Civil cases
Page 3 | Rule 1.6 Orphans' Court Mediation Program
If the case is unresolved, the mediator must send the report within 14 days after the mediation.
If the case has not been resolved, within fourteen (14) days from the date of the mediation, the mediator shall send a report setting forth the mediator's assessment of the case and the mediator's recommendation regarding settlement.
Civil cases
Page 3 | Rule 1.6 Orphans' Court Mediation Program
Exceptions to an auditor’s report must be filed within 20 days of the Decree Nisi date.
Exceptions to the Report must be filed within twenty (20) days of the date of the Decree Nisi.
Civil cases
Page 7 | 9.7 Confirmation of Report
A petition to fix a hearing date after certification of the record must be presented promptly to the Court.
A Petition to fix a date for a hearing from a certification of record to the court from the Register shall be promptly presented to the court and shall set forth;
Civil cases
Page 8 | 10.1-1 Certification of Record.
If the Court requires a response or brief, the party must file an answer or brief within 20 days after service of the motion, unless the Court modifies the period.
Where the Court determines that a response or brief is required, an order shall be issued requiring the party to file an answer or brief within twenty (20) days of service of the motion, unless the time period is modified by the Court.
Page 10 | Rule 208.3(b) Alternative Procedures – Brief Required
A copy of the appeal must be transmitted to Court Administration immediately.
A copy of said Appeal shall be transmitted immediately to Court Administration.
Page 17 | Compulsory Arbitration
Court Administration must schedule a hearing within 10 days after a petition is filed.
A hearing will be scheduled by Court Administration within ten (10) days from the filing of a petition.
Page 17 | Abuse Act Actions
The conciliator must file the Conference Summary Report with the Prothonotary within fourteen days.
The Conciliator has fourteen (14) days within which to file a Conference Summary Report with the Prothonotary who shall forward the same to the Court.
Page 22 | Rule 1915.3-7 Report of Conciliator and Proposed Order
When the parties reach an agreement before a scheduled proceeding, counsel must file the fully executed stipulation and three proposed orders with the Prothonotary within thirty days.
If at any time prior to a scheduled proceeding, the parties are able to reach an agreement, counsel shall file within thirty (30) days an original and three (3) copies of the fully executed stipulation with three proposed orders of Court with the Prothonotary who shall forward the same to the Court for disposition.
Page 22 | Rule 1915.3-8 Settled Case
If the conciliator recommends a hearing or a party requests one by praecipe within ten days after the recommended Order is mailed, the Court must direct the matter for hearing.
If recommended by the conciliator or requested by either party by the filing of a praecipe within ten (10) days of the date of mailing of the recommended Order, the Court shall direct the matter for hearing.
Page 22 | Rule 1915.3-7 Report of Conciliator and Proposed Order
Preliminary Objections to Jurisdiction and Venue- If a question of jurisdiction or venue is raised in Preliminary Objections, filed prior to the Conciliation Conference, such objections shall be filed with the Prothonotary and referred to the Court for disposition and the Conciliator shall continue the Conciliation Conference generally
Preliminary Objections to Jurisdiction and Venue- If a question of jurisdiction or venue is raised in Preliminary Objections, filed prior to the Conciliation Conference, such objections shall be filed with the Prothonotary and referred to the Court for disposition and the Conciliator shall continue the Conciliation Conference generally
Page 22 | Rule 1915.5 Question of Jurisdiction or Venue
Pre-Hearing Information is to be submitted at the Conciliation Conference.
(to be submitted at the Conciliation Conference)
Page 24 | Rule 1915.26 Pre-Hearing Information
Court Administration will schedule a pre-trial conference immediately after receiving the appeal.
Court Administration will schedule a Pre-trial Conference on the case immediately following receipt of said Appeal.
Page 17 | Compulsory Arbitration
If the responding party intends to file counterclaims or cross-claims, they should be filed before the Conciliation Conference where possible.
If the responding party intends to file counterclaims or cross-claims, the same shall be filed prior to the Conciliation Conference, where possible.
Page 23
Service and Proof of Service Rules
Each party must serve the mediation statement on the other party at least 10 days before mediation.
At least ten (10) days prior to the mediation, each party shall file and serve on the other party a mediation statement which must include the following: (1) a succinct explanation of the facts and relief sought; (2) significant legal issues that remain unsolved; (3) summary of medical and expert reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale.
Civil cases
Page 3 | Rule 1.6 Orphans' Court Mediation Program
The sale notice must be published at least once in a newspaper of general circulation in the county where the property is located.
In addition, notice of the sale must be published at least one time in a newspaper of general circulation in the county where the real property is located.
Civil cases
Page 4 | Rule 5.10 Public Sale of Real Property
After a public sale is allowed, the petitioner must notify each interested party at least 20 days before the proposed sale; first-class mail may be used.
After allowance of public sale of real property, the petitioner shall, in addition to such notice as required by law, give notice of the sale to each interested party. The notice may be given by first class mail and must be given at least twenty (20) day prior to the date of the proposed sale.
Civil cases
Page 4 | Rule 5.10 Public Sale of Real Property
For a small-estate settlement petition, ten days' written notice of the intention to present it must be given to nonjoining unpaid beneficiaries, heirs, or claimants, or to the Attorney General if the heirs are unknown.
- (11) that ten days' written notice of intention to present the petition has been given to every unpaid beneficiary, heir or claimant who has not joined in the petition, or to the Attorney General, if the decedent's heirs are unknown; and
Civil cases
Page 5 | Rule 5.16-1 Procedure under §3102
Initial-hearing notice must be mailed at least 20 days before the hearing to the specified counsel, heirs, creditors, and qualifying agencies; unrepresented parties must receive notice at their last known address of record.
Notice of the initial hearing shall be given by regular mail not less than twenty (20) days before the date of the schedule hearing to the counsel of record for the Estate, counsel of record for the exceptant(s), each heir at the last known address, to each unpaid creditor and to the Department of Revenue, the Department of Human Services, or other agency of the Commonwealth of Pennsylvania, if such Department or agency has, according to the information of the Clerk, a claim against the estate to be audited. If a party is unrepresented, notice shall be mailed to the last known address of record.
Civil cases
Page 7 | Rule 9.1 Notice of Hearings
Copies of the report and signed Decree Nisi must be mailed to all attorneys who appeared before the auditor and all unrepresented exceptants who appeared.
A copy of said report and the signed Decree Nisi shall be mailed via regular mail to all attorneys who appeared before him and all exceptants who appeared without attorneys.
Civil cases
Page 7 | Rule 9.6 Notice of Filing Report
After the Court issues the rule, petitioner’s counsel must serve the petition and rule on all other parties or their counsel.
After the Court issues the rule, counsel for the petitioner must serve the petition and rule upon all other parties or their counsel.
Page 9
The moving party must serve the motion, any proposed order, and any order scheduling argument or an evidentiary hearing on opposing counsel and all unrepresented parties.
The moving party shall serve a copy of the motion, any proposed order and any order scheduling Argument or an Evidentiary Hearing on opposing counsel and all unrepresented parties.
Page 10 | Rule 208.3(a) Alternative Procedures
The moving party must serve the motion and the order granting or denying the continuance on counsel of record and all pro se parties.
The moving party shall serve a copy of the motion and order granting or denying the continuance to counsel of record, and all pro se parties.
Page 12 | Rule 216 Continuances
The filing party must forward the motion and order to the Arbitration Panel Chairperson, and the moving party must serve the motion and the resulting order on the Chairperson, counsel of record, and all pro se parties.
The party filing the motion shall forward a copy of the motion and order to the Arbitration Panel Chairperson. As soon as possible thereafter, the Court shall either grant the motion to be rescheduled by Court Administration at a later time or deny the motion for cause. Any denial of the motion shall be in writing and state the reason for the denial. The Court shall forward the Order granting or denying the continuance to the Prothonotary for filing. The moving party shall serve a copy of the motion and order granting or denying the continuance to the Arbitration Panel Chairperson, counsel of record, and all pro se parties.
Page 12 | Rule 216 Continuances
The moving party must serve the motion, any proposed order, and any order setting argument or a briefing schedule on opposing counsel and all unrepresented parties.
The moving party shall serve a copy of the motion, any proposed order and any order scheduling argument or setting up a briefing schedule on opposing counsel and all unrepresented parties.
Page 13 | Rule 1028(c) Preliminary Objections
A copy of the arbitration praecipe must be delivered immediately to Court Administration and all other counsel.
A copy of the arbitration praecipe shall immediately be delivered to Court Administration and all other counsel.
Page 15 | Compulsory Arbitration
The Chairman must give written notice of the arbitration hearing’s time and location at least 30 days beforehand, and may send the notice directly or provide it to the Prothonotary for service.
The Chairman shall notify each of the members of the Arbitration Board of their respective assignment(s) and each of the members of the Arbitration Board, counsel of record and all unrepresented parties of the time and location of the hearings scheduled for that Arbitration day. Such notice shall be in writing and shall provide not less than thirty (30) days notice to the parties or their attorneys of record. The Chairman may send out said notice to all indicated parties or provide the same to the Prothonotary for service.
Page 17 | Compulsory Arbitration
The Prothonotary must send notice of the pre-trial conference to counsel of record and unrepresented parties.
The Prothonotary shall send notice thereof to counsel of record and unrepresented parties.
Page 17 | Compulsory Arbitration
The referenced complaints or petitions, notices, and orders must be served in accordance with Pa. R.C.P. 1930.4.
Service of any complaint or petition, notice and order referenced herein above shall be in accordance with Pa. R.C.P. 1930.4.
Page 18 | Custody & Visitation
If a party desires the child (ren) to be present at the Conciliation Conference, he/she shall make said request in writing of the Conciliator and shall furnish a copy of said request to the other party no later than seven (7) days prior to the scheduled conference.
If a party desires the child (ren) to be present at the Conciliation Conference, he/she shall make said request in writing of the Conciliator and shall furnish a copy of said request to the other party no later than seven (7) days prior to the scheduled conference.
Page 19 | Rule 1915.3-3 Conciliation Process
The moving party's counsel must serve the Conciliation Scheduling Order on the Respondent under Pennsylvania rules, and the petitioner must file an affidavit verifying service at least ten calendar days before the conference.
Counsel for the moving party shall serve a copy of the Scheduling Order for Conciliation upon the Respondent in accordance with Pennsylvania Rules of Civil Procedure. The petitioner shall file an Affidavit of Service verifying that the defendant was served at least ten (10) calendar days prior to the Conciliation Conference.
Page 20 | Rule 1915.3-3 Conciliation Process
The moving party must serve the continuance and order by prepaid first-class mail at the last known address of record on counsel or, if unrepresented, the parent.
The moving party shall serve said continuance and order to counsel of record or the parent, if they are proceeding unrepresented, at the last known address of record via first class mail postage pre-paid.
Page 20 | Rule 1915.3-3 Conciliation Process
The report becomes part of the Court records, and a copy must be provided to the parties.
This report shall become a part of the Court records and a copy thereof shall be provided to the parties.
Page 22 | Rule 1915.3-7 Report of Conciliator and Proposed Order
Counsel must forward a copy of the executed stipulation to the conciliator.
Counsel shall forward a copy of the executed stipulation to the Conciliator.
Page 22 | Rule 1915.3-8 Settled Case
When serving the Divorce Complaint, the moving party must also serve the responding party with the seminar attendance order and provide the program brochure or registration form.
The moving party shall serve the responding party with a copy of the Court Order directing attendance at the Seminar at the time a Divorce Complaint is served. A program brochure/registration form shall also be provided by the moving party to the responding party at the time of service of the complaint.
Page 25 | Rule 1919 Mandatory Seminar for Separating Parents
If the respondent to the Petition for Emergency Relief has counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, notify the respondent’s counsel of record of the intent to file the petition as early as possible. If there is no counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, make a good faith effort to notify the pro se respondent of the intent to file the petition as early as possible.
If the respondent to the Petition for Emergency Relief has counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, notify the respondent’s counsel of record of the intent to file the petition as early as possible. If there is no counsel of record, the pro se petitioner or the petitioner’s counsel shall, if possible, make a good faith effort to notify the pro se respondent of the intent to file the petition as early as possible.
Page 8 | Rule 206.1(a) Petition. Definition. Content. Form — Emergency Relief
Filing Fees and Waivers
Each party selected for mediation must pay the mediation fee to the Clerk of the Orphans' Court, with the amount set by administrative order.
Each party to the case selected for mediation shall pay a mediation fee to be made payable to the Clerk of the Orphans' Court and submitted to the Clerk of the Orphans' Court. The mediation fee shall be set by administrative order, and information with regard to the fee shall be available from the Clerk of the Orphans' Court.
Civil cases
Page 3 | Rule 1.6 Orphans' Court Mediation Program
A party filing exceptions before absolute confirmation or an appeal after confirmation must pay all outstanding auditor’s fees and costs in full, regardless of the auditor’s recommended allocation.
If exceptions are filed to the Report prior to confirmation absolute or if an appeal is filed after the confirmation, the party filing the same must pay in full all outstanding auditor's fees and costs as set forth on the auditor's bill of costs, regardless of the recommendation of the auditor as to allocation of the payment.
Civil cases
Page 8 | 9.8-1 Security for Expenses and Fees.
The moving party must pay a relist fee for a continuance made less than five business days before the scheduled arbitration date, except in extenuating circumstances.
Any continuances made less than five (5) business days prior to the scheduled arbitration date, except for extenuating circumstances, will require the moving party to pay a relist fee.
Page 12 | Rule 216 Continuances
A party moving for a continuance less than five business days before the scheduled arbitration date must pay a $25 relist fee to the Prothonotary’s Office, except in extenuating circumstances.
Any continuances made less than five (5) business days prior to the scheduled arbitration date in accordance with Local Rule 216, except for extenuating circumstances will require the moving party to pay a $25.00 relist fee to the Prothonotary’s Office. The Prothonotary will notify the Court Administrator, when said fee has been paid.
Page 16 | Rule 1302 List of Arbitrators. Appointment to Board. Oath
A non-refundable filing fee must accompany an appeal from an arbitrators’ award.
An Appeal from an Award of Arbitrators shall be filed in the Office of the Prothonotary in duplicate and shall be accompanied by the non-refundable filing fee.
Page 17 | Compulsory Arbitration
Both parties must register for and attend the program within 60 days after service by mailing the registration form and $45 fee to the stated address; only Penn State may grant a fee waiver or reduction.
Within sixty (60) days after service, both parties are required to register and attend the program by mailing the pre-printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802-7009. Any requests for waiver or reduction of attendance fee can only be granted by Penn State.
Page 26 | Rule 1919 Mandatory Seminar for Separating Parents
A deposit set by separate court order must be paid to the Prothonotary when the motion to appoint a master is filed.
A deposit as determined by the Court in separate order shall be paid to the Prothonotary at the filing of the Motion for the appointment of a master.
Page 27 | Rule 1920.51 Payment of Deposit for Appointment of Master
The order requires a $45.00 registration fee for the Education Program for Separated Parents.
AND NOW, _________, the Court directs that within sixty (60) days after service, both parties shall register and attend the program by mailing the pre- printed "Education Program for Separated Parents" registration form, along with a registration fee of $45.00 to Education Program for Separated Parents, Penn State Justice and Safety Institute, The Pennsylvania State University, 305 Lubert Building, Innovation Park at Penn State, University Park, PA 16802- 7009.
Page 27
The first party to file exceptions must pay all outstanding master’s fees and costs in full, regardless of the Master’s allocation recommendation; the Court may address those fees and costs when it disposes of the exceptions.
If exceptions are filed, the first party filing exceptions must pay in full all outstanding master’s fees and costs as set forth on the Master’s Bill of costs, regardless of the recommendation of the Master as to allocation of the payment. The Court may address the issue of master’s fees and costs at the time of the disposition of the exceptions.
Page 28 | Rule 1920.55-2 Master’s Report. Notice. Exceptions. Final Decree
All parties must share equally the costs of court-ordered private mediation, subject to the Court's duty to prevent an unfair or unreasonable economic burden.
All parties shall bear equally the costs of any Court-ordered private mediation; provided, however, that the Court shall take appropriate steps to assure that no referral to ADR results in an unfair or unreasonable economic burden on any party.
Civil cases
Page 4 | Rule 1.6 Orphans' Court Mediation Program
Courtesy Copy Requirements
The original brief must be filed with the Prothonotary’s Office, with one courtesy copy provided to the Court Administrator for the appropriate Judge.
The original brief shall be filed with the Prothonotary’s Office with a Courtesy copy to the Court Administrator for transmittal to the appropriate Judge.
Page 10 | Rule 208.3(b) Alternative Procedures – Brief Required
Adjournment & Extension Requirements
For a proceeding scheduled before a Judge, a continuance motion and order must be filed with the Prothonotary and presented to the Court at least five business days beforehand when circumstances allow; the motion must state its grounds and address prior grants and other parties’ positions or contact efforts.
Where a party seeks a continuance for matters scheduled before a Judge, that party shall file with the Prothonotary a Motion for a Continuance and order that will allow the Court to either grant or deny said motion. The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties. The motion shall be filed and presented to the Court at least five (5) business days prior to the scheduled proceeding where the circumstances for the continuance allow.
Page 11 | Rule 216 Continuances
For a matter scheduled before an arbitration panel, the moving party must file a continuance motion and order with the Prothonotary and present them to the Court at least five business days before the proceeding; the motion must state its grounds and address prior grants and other parties’ positions or contact efforts.
Where a party seeks a continuance for a matter scheduled before an arbitration panel, that party shall file, with the Prothonotary, a Motion for a Continuance and order that will allow the Court to either grant or deny said motion. The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties. The motion shall be filed and presented to the Court at least five (5) business days prior to the scheduled proceeding.
Page 12 | Rule 216 Continuances
For a continuance sought for reasons other than an agreement, the party must file a motion stating the grounds, prior granted continuances, and the other parties' position or contact efforts; file and present it at least five business days beforehand where circumstances allow. The rescheduled date must be within 90 days of assignment.
If a party or counsel desires a continuance of the Conciliation Conference for any reason other than an agreement, that party shall file a motion for a continuance with the Prothonotary. The motion shall state the grounds for which a continuance is sought and whether any continuances have been granted previously. The moving party shall indicate whether the other parties object to said continuance or what efforts have been made in contacting other parties. The motion shall be filed and presented to the Court at least five (5) business days prior to the scheduled proceeding where the circumstances for the continuance allow. The moving party shall serve said continuance and order to counsel of record or the parent, if they are proceeding unrepresented, at the last known address of record via first class mail postage pre-paid. The rescheduled date shall not be more than ninety (90) days from the date of assignment by the Court Administrator.
Page 20 | Rule 1915.3-3 Conciliation Process
After a continuance motion is presented, the Court will grant it for later rescheduling or deny it for cause; a denial must be written and state its reason, and the Court forwards its order to the Prothonotary for filing.
As soon as possible thereafter, the Court shall either grant the motion to be rescheduled by Court Administration at a later time or deny the motion for cause. Any denial of the motion shall be in writing and state the reason for the denial. The Court shall forward the Order granting or denying the continuance to the Prothonotary for filing.
Page 12 | Rule 216 Continuances
The Court will liberally grant continuance requests at the hearing to try to resolve the matter without a full hearing.
The Court will grant liberally, at the time of the hearing, continuance requests in an effort to resolve the matter short of a full hearing.
Page 17 | Abuse Act Actions
By mutual agreement, parties who believe they have an unexecuted agreement may seek a general 30-day continuance on one business day's notice to the Conciliator; if no agreement is presented or rescheduling requested within 30 days, a new motion and scheduling order are required.
If the parties believe they have an agreement which has not been fully executed, by their mutual agreement and upon 1 (one) business day’s notice to the Conciliator, the conciliation may be generally continued for thirty (30) days to allow the parties to execute the agreement. Said agreement shall be finalized in accordance with Local Rule 1915.3-8. If after thirty (30) days the parties have neither presented an Agreement nor requested the conciliation to be re-scheduled, then the Conciliator will relinquish jurisdiction and a new motion and scheduling order will be required to schedule a new date for the conciliation. If before the end of the thirty day continuance it appears that the parties are unable to reach an agreement, either party may make a request that the conciliation be re-scheduled to the Conciliator.
Page 20 | Rule 1915.3-3 Conciliation Process
An extension of time to complete the seminar requires court approval, and the request must be made in writing and forwarded to Court Administration.
Court approval is required for an extension of time to complete the seminar. Said requests for extension shall be made in writing and forwarded to Court Administration.
Page 26 | Rule 1919 Mandatory Seminar for Separating Parents
Chambers Communication Rules
The filer of an emergency-relief petition must contact the Court Administrator as soon as the decision to file is made, determine when a judge is available, and arrange presentation based on that availability.
The attorney or pro se party filing the Petition for Emergency Relief shall contact the Court Administrator as soon as it is determined that a Petition for Emergency Relief will be filed and shall seek to determine a time when a Judge will be available to review the petition. The attorney or pro se party shall arrange to present the Petition for Emergency Relief to the Court based on the Judge’s availability.
Page 8 | Rule 206.1(a) Petition. Definition. Content. Form — Emergency Relief
A party may request telephone participation in writing from the Court Administrator, and the Court may allow it.
Upon written request of a party, the Court may allow participation by telephone. Such request shall be made to the Court Administrator.
Page 9
After filing an emergency-relief petition, an attorney or self-represented party may deliver it to the Court Administrator for presentation to an available judge, or directly to the judge if the Court Administrator is unavailable; delivery may be through the Prothonotary’s Office, by hand, or by facsimile.
Upon filing the Petition for Emergency Relief, the attorney or pro se party may deliver the petition to the Court Administrator for presentation to the available Judge or deliver directly to the Judge if the Court Administrator is unavailable. Said delivery of the time stamped petition may be through the Prothonotary’s Office, by hand delivery or by facsimile.
Page 8 | Rule 206.1(a) Petition. Definition. Content. Form — Emergency Relief