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

CRITICAL

Applies to

Affidavit of service

The affidavit of service must state that the opposing party was advised of the seminar attendance requirement and served with the registration form.

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.

CRITICAL

Applies to

Divorce complaint

The qualifying divorce complaint must have attached an order directing seminar attendance in the form required by the referenced local rule.

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).

CRITICAL

Applies to

Conference summary report

The Conference Summary Report must contain facts gathered by the conciliator during the conference.

This report shall contain facts gathered by the conciliator during the conference.

CRITICAL

Applies to

Custody complaint or petition

A Scheduling Order for Custody Court must be filed with the specified custody complaint or petition.

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.

CRITICAL

Applies to

Order of appointment

The Order of Appointment must state that the appointment covers all issues in all pleadings unless specific issues are excluded.

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.

CRITICALCivil cases

Applies to

Petition

The petition must identify all interested parties and provide their addresses, including parties not yet in the record.

(3) the names and address of all interested parties, including those who have not been made parties to the record.

CRITICAL

Applies to

Divorce complaint

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.

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.)

CRITICAL

Applies to

Praecipe to withdraw

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.

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.

CRITICALCivil cases

Applies to

Auditor report submission

The auditor must present the completed report to the Court together with a proposed Decree Nisi.

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.

CRITICALCivil cases

Applies to

Petition

A petition to determine title must set forth the specified information about the petitioner, claim, decedent, real property, creditors, interested parties, and title.

(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.

CRITICAL

Applies to

Notice order and complaint

Each Notice Order and complaint in qualifying custody or visitation proceedings must include the additional information required by the referenced local rule.

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.

CRITICAL

Applies to

Scheduling order

When a motion for judgment on the pleadings requires oral argument, the party seeking argument must submit a blank scheduling order to the Court when filing the document with the Prothonotary.

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.

CRITICAL

Applies to

Divorce complaint

When the stated conditions apply, the divorce complaint must include an order substantially in the provided form.

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:

CRITICALCivil cases

Applies to

Time estimate

The Estate and each exceptant must provide the auditor with an estimate of the time needed to present their case.

The Estate and exceptant(s) shall each provide to the auditor an estimate of the amount of time needed to present their case.

CRITICALCivil cases

Applies to

Mediation statement

Each party must file a mediation statement at least 10 days before mediation containing the specified facts, legal issues, reports, damages, and settlement information.

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.

CRITICAL

Applies to

Divorce complaint

Every complaint in a qualifying divorce proceeding must contain the additional information required by the referenced local rule.

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.

CRITICAL

Applies to

Petition

A petition seeking a Rule to Show Cause must be accompanied by an order in the form of a Rule to Show Cause under Pa. R.C.P. No. 206.5.

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.

CRITICALCivil cases

Applies to

Certificate of right to do business

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.

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.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

A continuance motion for a matter scheduled before an arbitration panel must be filed with the Prothonotary with an order for the Court to grant or deny.

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.

CRITICAL

Applies to

Stipulation

The settlement filing must include an original and three copies of the fully executed stipulation, along with three proposed orders of Court.

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.

CRITICALCivil cases

Applies to

Mediation report

If the case is unresolved, the mediator must send a report stating the mediator's assessment and settlement recommendation.

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.

CRITICAL

Applies to

Scheduling order

When preliminary objections require oral argument, the party seeking argument must submit a blank scheduling order to the Court when filing the document with the Prothonotary.

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.

CRITICAL

Applies to

Motion for continuance

For a support matter, the paragraph (i) continuance procedures apply, but the motion must be filed with Domestic Relations, which forwards it to the Judge; the moving party must notify Domestic Relations and state in the motion whether its office objects before filing.

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.

CRITICAL

Applies to

Arbitration praecipe

To obtain referral to arbitration, a party or counsel must file a praecipe with the Prothonotary certifying that the pleadings are closed and the matter is ready, and stating the estimated arbitration time and all counsel of record.

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.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

A continuance motion for a matter scheduled before a Judge must be filed with the Prothonotary with an order for the Court to grant or deny.

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.

CRITICAL

Applies to

Brief

The original brief must be filed with the Prothonotary’s Office.

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.

CRITICALCivil cases

Applies to

Petition

A small-estate settlement petition must set forth the specified information concerning the decedent, petitioner, estate, interested persons, claims, taxes, notice, and requested distribution.

(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.

CRITICAL

Applies to

Pre hearing information

Pre-Hearing Information must substantially follow the specified form, including the listed proposed-parenting-plan information.

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

CRITICAL

Applies to

Petition

A petition seeking emergency relief must be identified as such in its title.

Where a party files a petition seeking emergency relief, said petition shall be designated as such in the title of the petition.

CRITICALCivil cases

Applies to

Petition

The petition to determine title must have the specified notice and a copy of the decedent's will attached.

(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.

CRITICALCivil cases

Applies to

Pre hearing submission

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.

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.

CRITICAL

Applies to

Order and notice

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.

(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 _________ ."

CRITICAL

Applies to

Custody complaint

Each custody, partial-custody, visitation, or modification complaint must include one of the specified averments about the separated-parents education program.

(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.

CRITICAL

Applies to

Brief

Briefs must include the listed procedural history, facts, questions, argument with citations, and conclusion requesting relief.

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.

CRITICALCivil cases

Applies to

Petition

After the Register certifies the record, the party who instituted the contest must present the petition unless the Court directs otherwise in special circumstances.

(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.

CRITICAL

Applies to

Scheduling order

The moving party shall submit a scheduling order.

The moving party shall submit a scheduling order.

CRITICALCivil cases

Applies to

Settlement letter

If the case is resolved by settlement, the mediator must send a letter to the Judge and copy counsel and the District Court Administrator.

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.

CRITICAL

Applies to

Motion

Every motion must cite applicable legal authority permitting the requested relief.

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.

CRITICALCivil cases

Applies to

Decree

If a jury trial is granted, the Court must enter a decree specifying the issues to be tried; its form may be agreed upon by the parties or determined by the Court.

(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.

CRITICALCivil cases

Applies to

Petition

The small-estate settlement petition must have the listed exhibits attached.

(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.

CRITICAL

Applies to

Order

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.

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.

CRITICAL

Applies to

Scheduling order

If a party seeks oral argument on a motion, the moving party must submit a blank scheduling order when filing the document with the Prothonotary.

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.

CRITICAL

Applies to

Scheduling order

A party seeking oral argument must submit a blank scheduling order when filing the document with the Prothonotary.

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.

CRITICALCivil cases

Applies to

Petition

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.

(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.

CRITICAL

Applies to

Petition or answer to petition

A petition or answer alleging facts not otherwise on the record must include a verification.

A petition or answer to a petition containing an allegation of fact not otherwise on the record must be accompanied by a verification.

CRITICAL

Applies to

Pre hearing statement

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.

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.

CRITICAL

Applies to

Pre hearing statement

At the conference, each party must provide the conciliator and the other parties with an available-information pre-hearing statement substantially in the Local Rule 1915.26 form.

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.

CRITICAL

Applies to

Motion

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.

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.

CRITICALCivil cases

Applies to

Appeal petition

A contestant appealing a judicial act or proceeding before the Register must promptly present a petition to the Court stating the nature of the proceeding and the basis for the appeal.

- (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

CRITICAL

Applies to

Agreement of reference

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.

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.

CRITICALCivil cases

Applies to

Public sale notice

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.

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.

CRITICAL

Applies to

Custody filing documents

The filed custody documents must contain the information required by Local Rules 1915.15 and 1920.12.

Said documents shall contain the information as required by Local Rules 1915.15 and 1920.12 as provided therein.

CRITICAL

Applies to

Motion

Must include

proposed order

Every motion must include a proposed order stating the requested relief.

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.

WARNINGCivil cases

Applies to

Request for court appointed mediator

A party may request a court-appointed mediator by filing a Request for a Court Appointed Mediator, and the assigned Judge must appoint the mediator upon filing.

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.

WARNING

Applies to

Brief

The Court may require the parties to submit briefs supporting their respective positions.

Thereafter, the Court may require the parties to submit briefs in support of their respective positions.

WARNINGCivil cases

Applies to

Appraisal

A formal appraisal is not required unless the Court orders one.

(c) Appraisal. No formal appraisal is required, unless ordered by the Court.

WARNING

Applies to

Motion

A motion generally need not be verified, unless a governing rule or court order requires verification.

A motion need not be verified unless verification is required by general rule governing a particular motion or by order of Court.

WARNINGCivil cases

Applies to

Request for court appointed mediator

The attached form is to be used to request a court-appointed mediator in Orphans' Court matters.

Attached to these rules, is the form to be used for the Request for a Court Appointed Mediator in Orphans' Court matters.