Philadelphia Court of Common Pleas Document Filing Requirements

CRITICALCivil cases

Applies to

Petition to sell real property

(ix) if the property to be sold is the incapacitated person's former residence, an averment that he is not likely to return to live in it; and (x) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative.

(ix) if the property to be sold is the incapacitated person's former residence, an averment that he is not likely to return to live in it; and (x) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative.

CRITICALCivil cases

Applies to

Minor settlement petition

The petition must state the requested counsel fee (amount and percentage of the net settlement) and attach a copy of the retainer agreement.

Counsel requests a fee in the sum of $_______________ which is ________________% per cent of the net settlement payable to the minor. A copy of the retainer agreement is attached.

CRITICAL

Applies to

Administrative search warrant application

The Application for an Administrative Search Warrant must set forth the affiant's name, identification number, agency name, address, and telephone number.

The name of the Affiant, identification number, Agency name, address and telephone number shall be set forth in the Application.

CRITICALCivil cases

Applies to

Motion

All motions except extraordinary relief must be accompanied by a brief or memorandum of law.

All Motions, except for Motions for Extraordinary Relief, shall be accompanied by a Brief or Memorandum of Law in the form set forth in Phila.Civ.R. *210.

CRITICALCivil cases

Applies to

Minor settlement petition

If the settlement is allocated between adults and minors or among multiple plaintiffs, the petition must set forth each party's amount and the specific reasons or justification for the allocation.

Phila. Civ. R. 2039 (D)(5)(f) provides that if there is to be an allocation between adults and minors or among minors, the amounts allocated to each party and specific reasons for such allocation must be set forth. Additionally, if more than one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each will receive and shall provide justification for the requested allocation.

CRITICALCivil cases

Applies to

Affidavit

Parenting Coordinator applicants must submit an affidavit certifying qualifications, training, insurance, and fee acknowledgment.

I, _____________________________________, the undersigned applicant, hereby certify that I possess the minimum qualifications to serve as a Parenting Coordinator as established by Pa.R.C.P. 1915.11-1(b) and the 5 County Compact entered into by Philadelphia, Bucks, Montgomery, Delaware and Chester Counties, as follows:

CRITICALCivil cases

Applies to

Discovery argument request form

A Discovery Argument Request Form must be filed or faxed with the Discovery Clerk, containing specified case information.

The moving party shall file or fax a Discovery Argument Request Form (substantially in the form attached hereto) with the Discovery Clerk (Room 287 City Hall) setting forth the following information: the program to which the case is assigned; the next event and the date of that event (if the case is in the Arbitration Program, the arbitration hearing date must be provided), the Court Term and Number, and Caption of the case.

CRITICALCivil cases

Applies to

Guardianship petition

Must include

proposed order

In such case, a decree in approved form, in lieu of the final decree appointing a guardian, shall be attached to the face of the petition.

In such case, a decree in approved form, in lieu of the final decree appointing a guardian, shall be attached to the face of the petition.

CRITICALCivil cases

Applies to

Attendance excusal evidence

The petitioner and alleged incapacitated person must attend the incapacity hearing unless a physician or licensed psychologist's deposition, notarized report, testimony, or sworn statement shows presence would cause harm.

(2) Attendance at Hearing. The petitioner and the alleged incapacitated person shall be present at the hearing unless the Court is satisfied, upon the deposition or notarized expert report or testimony of or sworn statement by a physician or licensed psychologist, that the physical or mental condition of the alleged incapacitated person would be harmed by his or her presence.

CRITICALCivil cases

Applies to

Writ of summons or complaint

Arbitration writs and complaints must display the required arbitration-case notice in uppercase in the upper right-hand corner of the cover page.

All Arbitration Writs of Summons and Complaints must state in upper case on the upper, right-hand corner of the cover page "THIS IS AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARING IS/IS NOT REQUIRED."

WARNINGCivil cases

Applies to

Petition by personal representative or trustee

When a bond was required, a petition by a personal representative or trustee to sell real property must set forth ten specified items of information.

(1) When a personal representative or trustee was required to give a bond, a petition by a personal representative or trustee shall set forth the following information: (i) the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date letters were granted to the petitioner; (ii) the total value of all assets set forth in the inventory; (iii) value at which the real property to be sold was included in the inventory; (iv) if bond was entered, the name of the surety and the amount of such bond; (v) the street address or other adequate description of the property to be sold; a brief description of the building erected on the property; the current occupant of the property; and the current tax assessment; (vi) name and address of the purchaser and a brief recital of the terms of the sale; (vii) the estimated net proceeds which petitioner will receive at the time of settlement; (viii) all liens of record known to petitioner; (ix) names and relationships of all interested parties; whether or not they are sui juris, and, if not, the names of their fiduciaries and a statement of how they were appointed; and whether or not they join in the petition or consent to the sale; and (x) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

WARNINGCivil cases

Applies to

Witness list

In asbestos cases, each party must serve a witness list (names and current addresses of fact and expert witnesses, with liability and damages witnesses designated separately) by the time the case reaches the top fifty on the trial list; failure to disclose precludes testimony absent good cause.

A list of the names and current addresses of all fact and expert witnesses intended to be called at trial, other than product identification witnesses, shall be served by counsel for each party upon counsel for all other parties on or before the day that the case first appears in the top fifty cases on the trial list. Liability and damages witnesses shall be designated separately on each list. Any person whose name and address has not been so disclosed shall be precluded from testifying in any party's case in chief unless allowed by the Trial Judge upon timely notice to all counsel upon a showing of good cause for the absence of prior identification and a finding that no prejudice has resulted therefrom.

WARNINGCivil cases

Applies to

Records subpoena notice

The notice and return card must follow Appendices A and B, and if no objection is received the subpoena is sent to the custodian fifteen days after the notice with production due within ten days thereafter.

The notice and the counsel return card shall be in the forms shown in Appendices A and B stating that if the Return Card is not sent back to the record reproduction service or is returned stating no objection thereon, the subpoena shall be sent to the records custodian fifteen days from the date of the notice requesting that the records be produced on or before ten days thereafter. If a partial objection is stated on the Return Card, the records reproduction service shall proceed in a manner consistent with such objection.

WARNING

Applies to

Citation

Filed citations must contain the date, time, and location of the summary trial.

A citation filed pursuant to Pa.R.Crim.P. 410 et seq. shall contain the date, time and location of the summary trial.

WARNINGCivil cases

Applies to

Request for production

In the Compulsory Arbitration Program, requests for production of documents and things must use the prescribed forms (plaintiff's request directed to defendant or defendant's request directed to plaintiff).

Requests upon a party for production of documents and things in the forms hereinafter reproduced shall be utilized in the Compulsory Arbitration Program: (A) Plaintiff(s) Request for Production of Documents Directed to Defendant(s); and (B) Defendant(s) Request for Production of Documents Directed to Plaintiff(s).

WARNINGCivil cases

Applies to

Petition to sell real property

An appraisal must accompany the petition unless counsel certifies the estate is solvent and knows of no objection to the sale; the Court may orders an appraiser at the necessary.

(4) Appraisals. No appraisal shall be required where counsel for petitioner certifies that: (a) in counsel's opinion the estate is solvent; and (b) counsel knows of no objection to the sale by an interested party. In the absence of such certification, an appraisal by a qualified appraiser shall be presented with the petition. The Court may order the appointment of an appraiser in any case where it deems it appropriate or necessary for the disposition of the petition.

WARNINGCivil cases

Applies to

Copy of inventory will codicils

The copy of the inventory, will, and codicils filed with a personal representative's account must be certified by the accountant or counsel as true and correct.

(b) a copy of the inventory and of the will and codicils, certified by the accountant or counsel to be true and correct.

WARNINGCivil cases

Applies to

Petition

The Petition of ________________________, a minor, by his Guardian (see Pa. R.C.P. No. 2028), by his attorney, ___________________________, Esquire respectfully requests:

The Petition of ________________________, a minor, by his Guardian (see Pa. R.C.P. No. 2028), by his attorney, ___________________________, Esquire respectfully requests:

WARNINGCriminal cases

Applies to

Transcript

When a negotiated plea is refused and the defendant withdraws the guilty plea, the clerk must note the DA's recommendation and the declined plea bargain on the transcript.

Where a negotiated plea has been refused by the trial judge after hearing the facts of the case and the defendant is permitted to withdraw the guilty plea, the Quarter Sessions clerk shall note on the transcript, with specificity, the District Attorney's recommendation and that the plea bargain was declined by the judge.

WARNINGCivil cases

Applies to

Praecipe

If service occurs at a different address than identified in the Complaint, Plaintiff must file a praecipe to amend the address, substantially in the form of Exhibit C.

If service of the above is made at a different address than the one identified in the Complaint, the Plaintiff shall file a praecipe to amend the address. The praecipe shall be substantially in the form attached hereto as Exhibit “C.”

WARNINGCivil cases

Applies to

Objection to auditor account

Objections to an auditor's stated account must be asserted as objections to the account in the form provided by Pa. O.C. Rule 2.7.

Objections to the report of an auditor who states an account shall be asserted as objections to the auditor's account, and shall be in the form provided in Pa. O.C. Rule 2.7.

WARNINGCivil cases

Applies to

Affidavit of service

Must include

certificate of service

The Affidavit of Service must include a verification that the statements are made subject to 18 Pa. C.S. §4904 (unsworn falsification to authorities).

I verify that the facts contained herein are true and correct to the best of my knowledge or information and belief. I understand that the statements made herein are made subject to the provisions of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.

WARNINGCivil cases

Applies to

Court appointed attorney military status report

A court-appointed attorney investigating the defendant's military status must file a report of the findings and recommendations, including bond recommendations, and the report must be placed on the motion list.

When he has concluded his inquiry, he shall report to the Court the facts showing the status of the defendant so far as the attorney has been able to ascertain them, together with his recommendation on the subject including, unless it appears that defendant is not in the service, the necessity or propriety of requiring a bond and the amount thereof, and the reason for his recommendations. The report of the attorney shall be filed and the plaintiff’s petition for judgment put upon the motion list for consideration by the Court.

WARNINGCivil cases

Applies to

Affidavit

If the petition was filed with the Clerk of the Orphans' Court Division, the affidavit must also be filed there.

If the Petition has been filed with the Clerk of the Orphans' Court Division pursuant to Rule *2039 (B)(2), the Affidavit shall likewise be filed with the Clerk of the Orphans' Court Division.

WARNINGCivil cases

Applies to

Miscellaneous arbitration application

Parties seeking deferral other than at initial filing must file a Miscellaneous Arbitration Application in the prescribed form stating reasons for deferral and must comply with form instructions before filing.

Any party may seek deferral of a case by filing a Miscellaneous Arbitration Application substantially in the form set forth hereunder, setting forth the reasons for the Deferral. Before filing the Miscellaneous Arbitration Application with the Arbitration Center, counsel shall comply with the instructions set forth on said form.

WARNINGCivil cases

Applies to

Records subpoena notice

The notice to parties must include a copy of the proposed subpoena and any other documents to be served on the record holder.

The notice shall be accompanied by a copy of the subpoena proposed to be served along with any other document to be served upon the record holder

WARNING

Applies to

Landlord tenant complaint

A landlord-tenant complaint must be on a court-approved form and signed and verified by the plaintiff or an authorized representative.

c. Landlord/Tenant Complaint. 1. An action by a landlord against a tenant for the recovery of possession of the leased property, unpaid money due under the lease, and/ or as a result of alleged damage to the leased property shall be made in writing on a form complaint approved by the court. 2. The plaintiff or the plaintiff’s agent, power of attorney, authorized representative or attorney shall sign and verify the complaint as follows:

WARNINGCivil cases

Applies to

Entry of appearance and answer

In response to a Short Form Complaint, each defendant may file an Entry of Appearance and Answer to Complaint, containing the name, address and telephone number of counsel representing each defendant, together with a statement incorporating the Master New Matter.

In response to a Short Form Complaint, each defendant may file an Entry of Appearance and Answer to Complaint, containing the name, address and telephone number of counsel representing each defendant, together with a statement incorporating the Master New Matter.

WARNINGCivil cases

Applies to

Short form joinder complaint

(c) The legal theory upon which each additional defendant is being joined if other than an alleged common law right to contribution or indemnity.

(c) The legal theory upon which each additional defendant is being joined if other than an alleged common law right to contribution or indemnity.

WARNINGCriminal cases

Applies to

Sworn or verified document

Electronic filers must retain the original of any sworn or verified document filed electronically and make it available when the court directs or when a signatory or opposing party reasonably requests.

The electronic filer shall maintain the original of a sworn or verified document contained in an electronic filing (e.g., affidavit) or contained within an electronic filing (e.g., verification), and shall make it available upon direction of the court or reasonable request of the signatory or opposing party.

WARNINGCivil cases

Applies to

Minor settlement petition

The petition must state counsel's professional opinion that the proposed settlement is reasonable and the reasons for that opinion.

Counsel is of the professional opinion that the proposed settlement is reasonable due to the following: _______________________________________________________________________

WARNINGCivil cases

Applies to

Response to preliminary objection

If a response to these preliminary objections is filed, it must specifically address whether the objections involve factual or only legal issues.

Any response filed shall specifically respond to the statement as to whether preliminary objections raise issues of fact or raise solely issue of law.

WARNINGCivil cases

Applies to

Certification form

A properly completed and certified form bearing the raised Seal of the Family Court Division constitutes certification of the Total Payoff Amount or that no eligible support arrears exist.

A properly completed and certified Form containing the raised Seal of the Family Court Division of the Court of Common Pleas of Philadelphia shall constitute either a certification by the Family Division of the "Total Payoff Amount" for the lien/judgment as of the settlement date provided, or that there are no eligible support arrears of record in Philadelphia County for the named individual.

WARNINGCivil cases

Applies to

Record reproduction service certification

The annual certification filed by record reproduction services must include attestations about rule compliance, insurance, equipment and personnel, and a designated Center City location for record examination.

(1) This organization has reviewed the rules governing reproduction services and will comply with them; (2) This organization is insured and evidence of insurance, by certificate of the insurer, is attached; (3) This organization has the necessary equipment and personnel to comply with all requirements of the rules in a timely fashion; (4) In accordance with applicable rules the following Center City location is designated as the office where records will be made available for examination by counsel:

WARNINGCivil cases

Applies to

Settlement order

Savings certificates and accounts for a minor must include specified restrictions on redemption, withdrawal, assignment, and negotiation before majority.

The certificate shall be titled and restricted as follows: _____________________, a minor, not to be redeemed except for renewal in its entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated before the minor attains majority, except upon prior Order of Court. Counsel shall open a savings account in the sum of $_________________ in the name of the minor. The savings account shall be titled and restricted as follows: _____________________, a minor, not to be withdrawn before the minor attains majority, except for the payment of city, state, and federal income taxes on the interest earned by the savings certificate and savings account, or upon prior Order of Court.

WARNINGCivil cases

Applies to

Statement of notice to dhs ssa

Special-needs trust account filings must include a statement of the method and date of notice to the Pennsylvania DHS Special Needs Trust Depository and the Social Security Administration.

(c) statement of method and date of notice to Pennsylvania Department of Human Services Special Needs Trust Depository and Social Security Administration.

WARNINGCivil cases

Applies to

Records subpoena notice

The records notice must identify the records requested, the custodian, and the requesting party.

The notice shall identify the records, the custodian and the party who has made the request

WARNINGCivil cases

Applies to

Signature rehabilitation list

Candidate must file a list of facially defective signature lines intended to be rehabilitated, and the manner of rehabilitation.

(b) The Candidate shall file a list of all signature lines, identified by page number and line number, that are facially defective and that Candidate intends to rehabilitate. Candidate shall also state the manner in which Candidate intends to rehabilitate the signature lines.

WARNINGCivil cases

Applies to

Praecipe

A case may be terminated before an award, verdict, or judgment only by filing a praecipe to settle, discontinue and end, or a praecipe to discontinue (without prejudice), signed by all parties who asserted claims.

Termination of a case prior to the entry of an arbitration award, verdict or judgment may be accomplished without leave of Court only by filing a praecipe to settle, discontinue and end, or a praecipe to discontinue (without prejudice), signed on behalf of all parties who have asserted claims in the action.

WARNINGCivil cases

Applies to

Affidavit of compliance

If the Court's distribution order is not fully complied with, the attorney must file an Affidavit within 60 days describing compliance and delay, and then file a follow-up Affidavit when fully satisfied.

In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon complete satisfaction of the terms of the Order.

WARNINGCivil cases

Applies to

Complaint

Must include

caption

The complaint or other original filing must include in the caption the addresses, email addresses, and zip codes of all parties.

The complaint or other original filing shall contain in the Caption the addresses, including the electronic mail address, and zip codes, of all parties.

WARNINGCivil cases

Applies to

Praecipe

A case may be terminated after an unappealed arbitration award or a verdict/judgment only by filing a praecipe to satisfy the award, verdict, or judgment signed by the prevailing party or parties.

Termination of a case after the entry of an unappealed arbitration award or after the entry of a verdict or judgment may be accomplished without leave of Court only by filing a praecipe to satisfy the award, verdict or judgment signed on behalf of the prevailing party or parties.

WARNING

Applies to

Attorney client fee agreement

Attorney-client agreements for wholly or partially contingent compensation must be in writing.

Agreements between attorney and client relating to wholly or partially contingent compensation shall be in writing.

WARNINGCivil cases

Applies to

Short form joinder complaint

(b) A statement in the following form: You are hereby joined as an additional defendant in this action and it is asserted that you are alone liable to the plaintiff, jointly and severally liable to the plaintiff and/or liable to the original defendants for contribution and/or indemnification.

(b) A statement in the following form: You are hereby joined as an additional defendant in this action and it is asserted that you are alone liable to the plaintiff, jointly and severally liable to the plaintiff and/or liable to the original defendants for contribution and/or indemnification.

WARNINGCivil cases

Applies to

Petition for adjudication statement of proposed distribution

Receipts and disbursements arising after the accounting date that will be included in the adjudication must be stated in the Petition for Adjudication/Statement of Proposed Distribution and in the audit notice.

Receipts and disbursements subsequent to the date to which the account was stated and to be included in the adjudication shall be set forth in the Petition for Adjudication/Statement of Proposed Distribution and in the audit notice.

WARNINGCivil cases

Applies to

Certificate

When a safe deposit box is opened, an Official Examiner must attend and submit a Certificate of examination to the Court for approval and filing with the record.

In the event the incapacitated person has a safe deposit box, an Official Examiner of this court shall be in attendance when the safe deposit box is opened by the Guardian of the Estate. The Certificate of the Official Examiner of his examination of the assets in the safe deposit box shall be submitted to the Court, and, when approved by the hearing judge, shall be filed with the record in this case.

WARNING

Applies to

Code enforcement complaint

Code enforcement complaints must include defendant identification, statutory citations, violation facts, penalty request, tax delinquency detail, and prior convictions if enhanced penalties are sought.

b. Code or statute enforcement claims shall set forth: 1. The defendant’s name. 2. The defendant’s residence or place of employment. 3. Citation of the section or sections of the statute, code, or ordinance alleged to have been violated. 4. A brief description of the facts of the violation. 5. A request for the imposition of penalty and fine as provided by law. 6. The name of the tax, the year or years of the alleged delinquency, and the amount(s) of such delinquency in actions to impose fines for failure to pay taxes due under any ordinance of the City of Philadelphia. 7. Averments of prior convictions, where an enhanced penalty is requested.

WARNINGCivil cases

Applies to

Spreadsheet

Objections to individual signature lines must be itemized in an Excel or similar spreadsheet, with required columns and designated challenge codes.

The Petition shall specify objections to individual signature lines in nomination petitions and these shall be set forth in an Excel or other similar spreadsheet format. Objector may use the downloadable spreadsheet provided on the Court’s website at: www.courts.phila.gov/forms. Spreadsheet columns shall include, for each challenged signature line: page number, line number, county, and the reason or reasons for each challenge. The spreadsheet shall designate the grounds for challenge by codes, as follows: NR = Not Registered NRA = Not Registered at Address NRDS = Not Registered on Date Signed NRD = Not Registered Division OC = Out of County Ill = Illegible LIO = Line Information Omitted DUP = Duplicate IHA = Line Information in Hand of Another N/I = Nickname/Initial PRI = Printed Signature DCA = Defective Circulator Statement SAC = Signed After Circulator’s Affidavit Dated Other = Any ground for objection not listed above

WARNINGCivil cases

Applies to

Schedule of distribution

Real property in a schedule of distribution must be described with deed-level detail (including title derivation information), and counsel for the accountant must certify that the last recorded deed was examined and the description conforms to it.

Real property shall be described in the same detail and with the same particularity as is commonly required to be included in deeds, and, in addition, shall include information pertinent to the derivation of title. Counsel for the accountant shall certify that counsel or counsel's agent has examined the last recorded deed or the record thereof in the public office for recording deeds in the county in which the real estate is located and that the description in the schedule of distribution is in conformity therewith.

WARNING

Applies to

Initiating pleading

Only complaint, counterclaim, additional claim, and cross claim are allowed as initiating pleadings.

Initiating pleadings shall be limited to a complaint, counterclaim, additional claim and/or cross claim.