Philadelphia Court of Common Pleas Document Filing Requirements

CRITICALCivil cases

Fiduciaries appointed in this county seeking a private sale or mortgage in another county must first obtain leave of this Court, either via a petition containing the substantial averments.

Fiduciaries whose appointment originated in this county, shall obtain leave of this Court to petition the Court of another county of this Commonwealth of Pennsylvania, under 20 Pa.C.S. § 8301, to sell or mortgage real property located in that county. Such leave may be obtained by petition to this Court setting forth particularly the substantial averments of a petition for the sale (or mortgage) of the real property.

CRITICALCivil cases

A fiduciary's petition to sell real property at public sale must attach the appointment instrument and the consents and notices related to those parties who are not appearing; if not all parties appear, the court will grant a citation to all parties who have not appeared under 20 Pa.C.S. § 8304.

(2) Exhibits. The following exhibits shall be attached to a petition by a fiduciary to sell property at a public sale, under the provisions of 20 Pa.C. § 8301 et seq.: (a) a copy of the will, deed, trust agreement, decree or other instrument by which the fiduciary was appointed; and (b) consents to the sale signed by the apperaining parties, and the notice that has been given to the parties who do not consent; if all parties having an interest do not voluntarily appear as petitioners or respondents, a citation will be granted, directed to all parties who have not appeared, as allowed by 20 P. C.S. § 8304.

CRITICALCivil cases

Applies to

Affidavit of compliance

The Affidavit of Compliance must certify compliance with the Order, attach a copy of the Order, and provide proof of deposit into the restricted account or trust, in the form specified.

(H) Compliance with Court Order and Proof of Deposit. The Affidavit of Compliance shall certify compliance with the Order, attach a copy of the said Order and shall submit proof of the deposit in the restricted account, annuity, approved settlement or trust. The Affidavit of Compliance shall be substantially in the form set forth in (K) below.

CRITICALCivil cases

Small-estate petitions must attach any granted letters and a proposed decree listing all disbursements and distributions.

Rule 5.50A (2) In addition to the exhibitions requirement under the Rule. 5.50 Turns(c), the following authors shall be submitted in the petition: (a) A copy of the Letters of Administration or Letters Testamentary, if any, that were granted; and (b) A proposed decree setting forth a list of all disbursements and distributions of the assets of the estate in appropriate cases

WARNING

Applies to

Notice of defense

The Notice of Defense must be substantially in the form set out in the rule and must contain the statutory verification under 18 Pa.C.S. Section 4904.

The Notice of Defense shall be in substantially the following form: ... The defendant or counsel for the defendant gives notice of intention to defend the above matter and verifies under the penalties of 18 Pa.C.S. Section 4904 (relating to unsworn falsification to authorities) that this notice was mailed to claimant or claimant's attorney in the provided envelope on the date noted hereon.

WARNINGCivil cases

Petitions to sell real estate must attach the relevant instrument, the agreement of sale, a net-proceeds schedule with itemized closing expenses, and signed consents plus names/addresses of non-consenting parties.

(3) Exhibits. Attached to the petition shall be the following: (a) a copy of the will, trust agreement, deed, or other relevant instrument; (b) a copy of the agreement of sale; (c) a schedule setting forth the computation of the estimated net proceeds which petitioner will receive at the time of settlement, including an itemized list of estimated closing expenses; and (d) consents to the sale signed by those interested parties who do not join in the petition, and the names and addresses of those parties who do not consent and a copy of the notice which has been given to them.

WARNINGCivil cases

The record reproduction service must certify that it copied all records obtained from the custodian, or specify which records were not copied.

Where records are obtained by a record reproduction service, the service shall certify either that the records have been copied or that, to the extent possible, which records have not been copied.

WARNINGCivil cases

In approving a private-sale petition, the court will set the fiduciary's security amount in the decree, and security and notice practice proceeds under Rule 5.11A.

The Court, in the decree approving or confirming the sale, will fix the amount of security which the fiduciary shall be required to enter on the practice and procedure with respect to the entry of security, and the notice directed to the parties, shall conform to the appropriate provisions of Rule 5.11A.

WARNINGCivil cases

Applies to

Objections

Objections must state the basis for each objection and how the schedule fails to conform to the adjudication, and may not revisit matters actually raised or raisable at the audit of the account.

Objections may be electronically filed within twenty (20) days of the filing of the schedule of distribution, and shall indicate the basis for the objections and in what respect the schedule of distribution fails to conform to the adjudication. In no event may be the case, and the proceedings that have any meaning that are actually or could have been raised at the audit of the account.

WARNING

Applies to

Complaint

A claimant may require a written Notice of Defense by including with the complaint a 'Notice of Defense' form and a first-class pre-addressed envelope.

if any; the claimant may require defendants who intend to present a defense to notify her of it in writing at least five (5) days before trial, when including with a copy of the complaint a 'Notice of Defense' and an envelope bearing first class postage pre-addressed to the claimant or the claimant's attorney.

WARNING

Applies to

Complaint

A general civil complaint must state party names and addresses, itemize and support damages with an invoice, state the factual basis, attach any relied-upon writing or repair bill, and attach fee authorization.

a. The complaint, except Code Enforcement and Landlord/Tenant Claims which are covered in subsections b. and c., shall set forth: 1. The full names and street addresses of the parties. 2. Itemization of the sums claimed with attached copy of an invoice or statement of account. 3. A brief, concise statement of the relevant and admissible facts, occurrences and transactions upon which the claim is based and damages sustained, including relevant times, dates and places. 4. Where the claim is based upon a writing, a copy of the writing or pertinent portions thereof shall be attached. 5. If the claim involves repairs, an estimate to repair or a repair bill shall be attached. 6. If fees other than court costs are requested, then a copy of the contract or pertinent provision of the law authorizing the fee shall be attached.

WARNINGCivil cases

To drop a misjoined or non-claim party from the record under Pa.R.C.P. 2232(b), the application must proceed by rule to show cause directed to all other parties.

Application under Pa.R.C.P. 2232(b), to drop from the record a party who has been misdisclosed, was ordered as follows: or against whom no claim for relief is asserted in the action, shall be by rule to show cause, directed to all other parties.

WARNINGCivil cases

A report on foreign or unknown distributees must be submitted at the audit and, when a distributee is unknown or no heirs are known, must include a detailed verified report of the investigation performed and a family tree with supporting documentation.

The report required by Pa. O.C. Rule 2.10(b) shall be submitted at the audit, and shall include, substantially, the following: (1) Unknown Distributee. If it appears that the identity or whereabouts of the distributee is unknown, or that there are no known heirs, the fiduciary shall submit a written report, verified by the affidavit of the fiduciary and counsel for the fiduciary, in which shall be set forth: (a) the nature of the investigation made to locate the possessory; the initial for the complete; and (b) in cases of intestacy, or where no known heirs, the family tree as is complete as possible under the concentration as supported by such documentary evidence as the fiduciary has been able to obtain. The term "investigation," as used in this Rule, shall include the preliminary of or as to residents of a household in which the decedent did reside; friends and neighbors; labor union membership; the places of employment of the decedent.

WARNINGCivil cases

An application to join a party under Pa.R.C.P. 2232(c) must proceed by rule to show cause.

Application under Pa.R.C.P. 2232(c), to join as a party any other person who could have joined or could have been compelled to join in the action, shall be by rule to show proceedings.

WARNINGCivil cases

Eminent-domain preliminary objections must include a statement of specifically relied-upon grounds and whether they raise factual or solely legal issues.

The objections shall state specifically the grounds relied upon and shall state the argument as to whether the objections raise issues of fact or raise solely issues of law.

WARNINGCivil cases

The minor settlement petition must include: the minor's date of birth/address and the parties' parents/guardians/court information and factual basis; ability; the annuity/settlement terms; and the legal fees and itemized expenses charged to be paid from settlement proceeds.

(D) The Petition shall be substantially in the form set that is filed and required therefor, and shall: (1) state the date of birth and the address of the child, the names and addresses, the anxious and addresses, the names and addresses of the parent(s), the names and addresses of all guardians of the person/type of the estate/an ad-litem of the minor, and the appointing court, and a factual recitation of the salient facts. . . ; (2) State the terms of the settlement, including the specific provisions (of the any annuity, if applicable, the detailed credit rating of the entity and assuming the responsibility for future payments, the present cost of the annuity, and the schedule and amount of periodic and lump sum payments; (3) State the amount of counsel fees that shall be the "exercis" and provide an itemization of the costs and expenses to be paid out of the settlement proceeds.

WARNINGCivil cases

A trustee's petition to sell real property at public sale under 20 Pa.C.S. § 8301 et seq. must set forth, in separate paragraphs, detailed information about title, property description, the petitioner's interest, trust history, the interests of all parties, and the names of non-consenting parties.

(a) Trustee. A petition to sell real property at public sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) how title was acquired, stating the date and place of probate of the will or recording of the deed; (ii) a full description of the real property and related facts; (iii) the interest of the petitioner and how and when any fiduciary was appointed; (iv) the history of the trust and the names, ages and the nature and extent of the interests of all parties, including minors and incapacitated persons and their guardians; (v) the limitations or defeasibility from which title is to be freed and the purposes and language of 20 Pa.C.S. § 8301; (vi) sufficient facts to enable the Court to determine whether the sale is to the interest and advantage of the parties and without prejudice to any trust, charity, or purpose; and (vii) the names of any parties who do not voluntarily appear.

INFO

Applies to

Return of service

Sheriffs and constables must make returns of service using the forms and manners customary in their locality.

b. Sheriffs and constables shall make returns of service upon the forms and in the manner customary in the same locality.