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

CRITICALCivil cases

Applies to

Arbitration witness report

Opposing parties or counsel must submit a witness-and-time-estimate report to the Court Administrator within 10 days after notice of the arbitration hearing.

Within 10 days of the notice of the arbitration hearing, any opposing party or opposing counsel shall submit a written report to the Court Administrator listing the names of their witnesses who will be used at the hearing and an estimate of the time required to present their case.

CRITICALCivil cases

Applies to

Petition for rule to open

A petition for a rule to open must have a proposed answer attached.

Petition for rule to open, proposed answer to be attached

CRITICALCivil cases

Applies to

Written report

The responding party's written report must estimate the time required to present the respondent's case and list the witnesses to be called.

Upon receipt of service of a petition for contempt and the praecipe for transmittal the responding party shall, within five (5) days, submit a written report to the Court Administrator estimating the time required for presentation of respondent's case and a list of witnesses to be called.

CRITICALCivil cases

Applies to

Motion

A motion not certified as uncontested must include a memorandum stating its legal contentions and supporting authorities.

Every motion not certified as uncontested shall be accompanied by a memorandum containing a concise statement of the legal contentions and authorities relied upon in support of the motion and an affidavit of service upon the party against whom relief is sought, or to his attorney.

CRITICAL

Applies to

Affidavit of service

The affidavit of service must state that the petition and citation were read to the alleged incapacitated person in terms they are most likely to understand.

The affidavit of service shall, in all cases, relate that the petition and citation were read to the alleged incapacitated person in the terms that person is most likely to understand.

CRITICAL

Applies to

Transcript request form

Litigants approved for legal aid representation need not prove economic hardship, and legal aid services must verify on the Transcript Request Form that the transcript is for an appeal or is necessary to advance current litigation.

Litigants who have been approved for representation by legal aid services are not required to prove economic hardship. Legal aid services must verify on the Transcript Request Form that the matter is under appeal or that the transcript being requested is necessary to advance current litigation.

CRITICALCivil cases

Applies to

Brief

A brief must be filed in contested motion practice.

Contested, brief to be filed

CRITICAL

Applies to

Court filing

Use the alternate references when referring to confidential information in a document.

If you need to refer to a piece of confidential information in a document, use the alternate references.

CRITICALCivil cases

Applies to

Praecipe

When additional Hearing Officer fees are assessed, the moving party must deposit the fee with Domestic Relations and concurrently file a Praecipe substantially in the specified form.

Where additional Hearing Officer’s fees are assessed, the moving party shall deposit the fee with the Domestic Relations office and concurrently file a Praecipe substantially in the following form: (CAPTION) PRAECIPE FOR DEPOSIT OF ADDITONAL HEARING OFFICER’S FEE To the Prothonotary: As directed by the Hearing Officer in the above captioned case, deposit the sum of $_____.00 for ______ additional hearing days in compliance with Sch.R.C.P. 1910.12(e). _____________________________ Attorney for (Plaintiff/Defendant) Received this day the sum of $________.00, additional Hearing Officer’s fees in the above captioned case. _____________________________ Domestic Relations Office

CRITICAL

Applies to

Notice

The notice must contain the information required by Pa. O.C. Rule 2.5(h) and substantially follow the provided form.

(c) The form of notice shall contain the information required by Pa. O.C. Rule 2.5(h) and be in substantially the following form:

CRITICAL

Applies to

Petition

The petition must include the listed exhibits, including the decedent’s Will, required consents, and inheritance-tax documentation.

(b) The following exhibits shall be attached to the petition: (1) a copy of the decedent's Will; (2) the consents of unpaid beneficiaries, heirs, and claimants; (3) a copy of the inventory, if one was filed; (4) a copy of the notice given; (5) the inheritance tax voucher, or in lieu thereof a statement from the inheritance tax department that no tax is due.

CRITICALCivil cases

Applies to

Proposed order

If an order for psychological or home evaluations has been entered, the proposed order must include a provision vacating it.

If an order for psychological and/or home evaluations has been entered, then the proposed order shall include a provision to vacate the order for psychological and/or home evaluations.

CRITICALCivil cases

Applies to

Divorce pleading

A copy of the qualifying divorce pleading must be filed with the Domestic Relations Section.

If any divorce pleading includes claims for child support, spousal support, or alimony pendente lite beyond the scope of the active support matter (based on change in circumstances or as a new issue), then a copy of the pleading shall, within forty-eight (48) hours, be filed with the Domestic Relations Section where it shall proceed in accordance with the practice and procedure of the Domestic Relations Section.

CRITICAL

Applies to

Petition

Each petition must include a copy of the hearing notice prescribed by Section 2513(b) of the Adoption Act.

(b) A copy of the notice of the hearing prescribed by Section 2513(b) of the Adoption Act shall be a part of each petition.

CRITICAL

Applies to

Records access request

A request to inspect or obtain accessible records must be made in writing to the Court Administrator, who serves as Records Manager.

(1) A request to inspect or obtain copies of accessible records in possession or control of the Schuylkill County Court of Common Pleas shall be made in writing to the Court Administrator of the Court of Common Pleas of Schuylkill County, designated by the President Judge as the Records Manager for the Court of Common Pleas of Schuylkill County.

CRITICAL

Applies to

Petition

For claimed personal property, use the inventory value if an inventory was filed; for a small estate without an inventory, use fair value.

(2) Where the exemption is claimed from personal property included in the inventory filed, the value of each item so claimed shall be that given in the inventory filed. Where the exemption is claimed from personal property forming part of a small estate and no inventory has been filed, the value of each item claimed shall be the fair value thereof.

CRITICALCivil cases

Applies to

Brief

Briefs must be filed for motions for judgment on the pleadings.

Briefs to be filed

CRITICALCivil cases

Applies to

Appeal

A party appealing a Viewers decision must comply with 26 Pa. C.S.A. §517 and file a praecipe to transmit.

Any party who appeals to the Court from the decision of the Viewers shall comply with 26 Pa. C.S.A. §517, and shall file a praecipe to transmit pursuant to Sch. R.C.P. 205.2(b).

CRITICALCivil cases

Applies to

Real estate tax assessment appeal

Must include

caption

The appeal must contain the specified caption and real-estate information, state the nature and reasons for the appeal, attach the Board's final determination, and include a verification.

The Real Estate Tax Assessment Appeal shall contain the following: (1) Caption designating the named party taking the appeal as Appellant, the Board as Appellee, and if Appellant is a taxing authority it shall join the owner of the real estate involved as of course as a party in the assessment appeal by designating such named owner in the caption as Respondent (“Respondent”). (2) A brief description of the subject real estate, its location, the name and address of the owner and the municipality and the school district wherein the real estate is located. (3) The nature of and reasons for the appeal. (4) A copy of the Board’s Notice of Final Determination and Order shall be attached as an exhibit. (5) A verification.

CRITICAL

Applies to

Court filing

A minor’s name and date of birth are confidential, except when the minor is charged as a defendant in a criminal matter; a minor is under eighteen.

Minors’ names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355). “Minor” is a person under the age of eighteen.

CRITICALCivil cases

Applies to

Uniform statement

If the Court orders individual notice, a uniform statement must be drafted to allow each recipient to opt out of the class.

(b) If at the time of the Class Action Notice Conference, the Court determines that individual notice is to be given, a uniform statement shall be drafted by which each individual who is to receive notice may opt for exclusion from the class.

CRITICALCivil cases

Applies to

Custody or modification complaint

Must include

certificate of service

The affidavit or certificate of service for a custody or modification complaint must state that the opposing party or counsel of record was served with the Parent Education brochure and registration form.

(6) The affidavit of service or the certificates of service of a complaint for custody/modification for (shared legal custody) (sole legal custody) (partial physical custody) (primary physical custody) (shared physical custody) (sole physical custody) (supervised physical custody) of the child(ren) shall contain a statement that the opposing party or counsel of record for the opposing party has been served with the Parent Education brochure and registration form.

CRITICALCivil cases

Applies to

Brief

(d) In cases where an answer has been filed, each party shall file of record a brief in support of their respective position within twenty (20) days of the date of filing the

(d) In cases where an answer has been filed, each party shall file of record a brief in support of their respective position within twenty (20) days of the date of filing the

CRITICALCivil cases

Applies to

Recusal request

A recusal request must specifically state the reasons the Board member should not act as an arbitrator.

Any request for recusal of an appointed Board member shall be submitted to the Office of the Court Administrator within seven days of the appointment of the arbitrator setting forth specifically the reasons the Board member should not act an arbitrator.

CRITICALCivil cases

Applies to

Conciliation officer report

When transferring a contested case, the Conciliation Officer must file a report with the Court, provide copies to the parties, and include Court-directed information; the report may suggest an interim order.

As part of that transfer, the custody Conciliation Officer shall prepare and file a report to the Court with copies to the parties. The report shall include such information about the case as shall be directed by the court, which may include a suggested interim order for consideration by the Court.

CRITICALCivil cases

Applies to

Publication notice

The publication notice for the specified judgment-enforcement actions must substantially follow the form set out in the rule.

a notice which shall be substantially in the following form:

CRITICAL

Applies to

Supplemental information sheet

The listed litigants and attorneys must complete the Supplemental Information Sheet when the requested transcript is not associated with an appeal.

The Supplemental Information Sheet must be completed by the following litigants and attorneys if the transcript requested is not associated with an appeal. Court appointed counsel _________ Informa pauperis _________ Legal Aid Services _________ Reduced Rate Transcript Request _________

CRITICALCivil cases

Applies to

Pleading

Must include

case number

After a support docket number is assigned, all pleadings must contain both the civil number and the support docket number.

(2) The Domestic Relations Section shall assign a support docket number (S.D. #____) to the action, and thereafter all pleadings in the case shall contain both the civil number and the support docket number.

CRITICALCivil cases

Applies to

Application

An application to join a person who could have joined or been joined in the action must be made by motion.

Application under Pa.R.C.P. 2232(c), to join as a party any other person who could have joined or could have been joined as such in this action, shall be by motion

CRITICALCivil cases

Applies to

Proposed decree

When judgment is entered upon default or admission, the plaintiff must submit a proposed decree for the Court's consideration.

(a) If a judgment is entered upon default or admission, the plaintiff shall submit to the Court a proposed decree for the Court's consideration when entering the appropriate decree.

CRITICALCivil cases

Applies to

Continuance application

A continuance application based on a prior attachment of counsel must include the scheduling notice or attachment order.

If the request is due to a prior attachment of counsel, a copy of the scheduling notice or attachment order shall accompany the continuance application.

CRITICALCivil cases

Applies to

Praecipe to transmit

A contempt petitioner must submit a praecipe to transmit identifying the matter as a contempt petition and listing witnesses, hearing time, and the judge who entered the order to be enforced.

The petitioner shall complete a praecipe to transmit indicating that the matter is a contempt petition, shall list witnesses and time necessary for hearing and list the Judge who entered the Order to be enforced.

CRITICALCivil cases

Applies to

Divorce complaint

A separately filed divorce complaint must be docketed to the same term and number as the parties’ pending custody matter.

If an action for divorce is filed separately during the pendency of an action for custody, partial custody or visitation between the parties, then the complaint shall be docketed to the same term and number as such custody matter.

CRITICAL

Applies to

Records access appeal

An appeal of a denial must be in writing and directed to the President Judge.

Any denial of a written request for access may be appealed in writing within 15 business days of the mailing date of the written response by the Records Manager to the President Judge of the Court of Common Pleas.

CRITICALCivil cases

Applies to

Custody complaint or modification petition

Every custody, partial-custody, or visitation complaint and every petition to modify an existing custody order must include the specified Kids First advisement language for both plaintiff and defendant.

(a.2) In addition to the information required by Pa.R.C.P. 1915.15, every complaint for custody, partial custody or visitation, and every petition for modification of an existing custody order, shall contain the following language: (1) “Plaintiff has been advised of the requirements to attend the Kids First program.” (2) “Defendant has been advised of the requirements to attend the Kids First program.”

CRITICAL

Applies to

Expert report

If the petitioner elects to submit an expert report instead of expert testimony, the petitioner must provide the Court a copy when the report is served under Rule 14.3(b)(1).

If petitioner elects to submit an expert report in lieu of testimony pursuant to Pa. O. C. Rule 14.3 (a)., the petitioner shall provide the Court with a copy of the report at the time service of the report is made pursuant to Pa. O. C. Rule 14.3(b)(1).

CRITICALCivil cases

Applies to

Motion response

The response in contested motion practice includes a response memorandum and an affidavit of service.

Response memorandum and affidavit of service

CRITICAL

Applies to

Original petition or motion

The first paragraph of every original petition or motion must cite the authority relied on for the requested relief.

Every original petition or motion filed shall set forth in its first paragraph the citation of any statute, rule of court, or other authority relied upon to justify the relief requested.

CRITICAL

Applies to

Account certificate

Counsel for the accountant must file a Certificate before the account submission date containing the specified debit-and-credit statement, unresolved issues and supporting documents, and return of service.

(a) Prior to the date for submission of accounts to the Court for adjudication and confirmation, a Certificate shall be filed by counsel for the accountant containing the following: (1) A statement of additional items of debit and credit not appearing in the account which shall be signed and verified by the accountant(s); (2) A statement identifying any unresolved legal or factual issues with copies of any additional documents which the accountant believed necessary or relevant for the court’s consideration; (3) A return of service of notice to all claimants and interested parties which notice shall comply with the requirements of Pa. O.C. Rule 2.5(a)–(g) with respect to an account.

CRITICALCivil cases

Applies to

Petition to strike off or open judgment

A petition to strike off or open a judgment must be accompanied by a praecipe to transmit requesting issuance of a rule to show cause.

The petition to strike off or open a judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) requesting the issuance of a rule to show cause.

CRITICALCivil cases

Applies to

Certificate of service

The appellant must file a certificate of service with the notice and identify each recipient, address, and service method.

The appellant shall contemporaneously file a certificate of service of such notice, setting forth the name and address of each party served and the manner of service.

CRITICALCivil cases

Applies to

Release or satisfaction of award

A release or satisfaction of award from the distributees must be filed in the Prothonotary's Office.

file in the Prothonotary's Office a release or satisfaction of award from the distributees.

CRITICALCivil cases

Applies to

Continuance request

A continuance request based on a scheduling conflict must include a copy of the conflict attachment notice.

requests due to scheduling conflicts must include a copy of the conflict attachment notice.

CRITICALCivil cases

Applies to

Motion response

A response is required in the applicable motion procedure.

Response Required

CRITICALCivil cases

The applicable custody filing must state that the opposing party or counsel was served with the Parent Education brochure and registration form.

(supervised physical custody) of the child(ren) shall contain a statement that the opposing party or counsel of record for the opposing party has been served with the Parent Education brochure and registration form.

CRITICAL

Applies to

Petition for sale of minor real property

The petition concerning sale of a minor’s real property must state the specified title, interested-party, minor, notice, and best-interest information.

(3) whether title was acquired by Will, descent, or Deed; the date of decedent's death; the date and place of probate of the Will or recording of deed with respect to the real property proposed to be sold; and if the interest of the minor is partial, the names of the other interested parties; the nature of their interest; that they desire the sale to be made and are willing to join in the deed; (4) the age of the minor; the names of his next of kin; and the notice given them of the presentation of the petition; (5) sufficient facts to enable the Court to determine that it would be in the interest of such minor that the real property be sold.

CRITICALCivil cases

Applies to

Praecipe

When additional Master's fees are assessed, the moving party must deposit the fee with the Prothonotary and concurrently file a Praecipe substantially in the prescribed form.

Where additional Master's fees are assessed, the moving party shall deposit the fee with the Prothonotary and concurrently file a Praecipe substantially in the following form:

CRITICAL

Applies to

Confidential document form

For each confidential document, identify where it is referenced in the filing by paragraph, page, or similar location.

For each confidential document, list the paragraph, page, etc. where the document is referenced in the filing.

CRITICALCivil cases

Applies to

Bifurcation stipulation

A stipulation to bifurcate must include the items specified in the provision that follows.

A bifurcation stipulation shall include the following:

CRITICALCivil cases

Applies to

Motion or filing

A praecipe to transmit must accompany each motion or filing made under this provision.

An original and one copy of all motions or filings pursuant to this provision, together with a praecipe to transmit as set forth in Sch.R.C.P. 205.2(b), shall be filed with the Prothonotary, which office shall transmit the pleadings to the Court Administrator for assignment to a Judge for disposition.

CRITICAL

Applies to

Account

Counsel for all fiduciaries must submit the account checklist, settlement and compromise agreements, and specified descriptions of real property awarded in kind.

Counsel for all fiduciaries shall also submit: (1) An Orphans' Court Account Checklist; (2) Copies of all agreements with respect to settlements and compromises; (3) Accurate descriptions of all real property to be awarded in kind, described by metes and bounds in the manner appearing in the last deed of record, together with the recital of title to the decedent.

CRITICALCivil cases

Applies to

Certificate of service

Must include

certificate of service

The appellant must file a certificate with the Prothonotary within five days after filing the appeal, certifying service as required.

Appellant shall file a Certificate of Service with the Prothonotary within five (5) days of the filing of the Real Estate Tax Assessment Appeal, certifying that the appeal was served in accordance with the provisions of (c) above.

CRITICALCivil cases

Applies to

Motion

An order for relief must accompany the applicable motion papers.

Order for relief to accompany

CRITICALCivil cases

Applies to

Proof of service

Proof of service must be filed in connection with a failure to answer.

Failure to answer, proof of service to be filed

CRITICALCivil cases

Applies to

Published notice

The published notice must include a Notice to Defend substantially in the form prescribed by Pa.R.C.P. 430(b).

**NOTE: This published notice shall also include a Notice to Defend substantially in the form set forth at Pa.R.C.P. 430(b).

CRITICALCivil cases

Applies to

Written report

For a non-jury trial or hearing, opposing counsel must submit a written report to the Court Administrator listing intended witnesses and estimating presentation time.

Notice: In matters requiring a non-jury trial or hearing, opposing counsel is required to submit a report in WRITING to the Court Administrator within 10 days, (1) listing the names of the witnesses they will use at the hearing; and (2) an estimate of the time required to present their case.

CRITICAL

Applies to

Filing

Filings requiring judicial action or assignment must include the Clerk’s Praecipe to Transmit form identifying the filing and requested action.

All filings which require action by a judge or an assignment by the Court Administrator shall be accompanied by a praecipe to transmit on the Clerk’s form “Praecipe to Transmit” and shall indicate the nature of the filing and what action is being sought to move the matter forward.

CRITICAL

Applies to

Exhibit

A proponent submitting an exhibit containing information or documents confidential under the Policy must include a compliant confidential document form so the Records Office may seal it.

(a) The Proponent of an exhibit containing confidential information or confidential documents, as defined in the Case Records Access Policy of the Unified Judicial System of Pennsylvania (Policy), shall include a confidential document form, prepared in compliance with the Policy, so the exhibit may be sealed by the Records Office.

CRITICAL

Applies to

Hearing certification

At the hearing, the petitioner's attorney must certify that the natural parent received a copy of the signed adoption consent.

(c) Petitioner's attorney shall certify at hearing that the natural parent has received a copy of the consent of adoption which he/she signed.

CRITICALCivil cases

Applies to

Custody complaint or modification petition

Each covered custody complaint or modification petition must have the specified order attached to its front.

(a) In addition to the information required by Pa.R.C.P. 1915.15(a) and (b), each complaint for custody, partial custody, or visitation, or a petition to modify an existing custody order, shall have attached to its front an order in substantially the following form:

CRITICAL

Applies to

Private sale notice

The notice to non-joining interested parties must use the form set out in Rule 5.11(b).

notice shall also be given by personal service or registered mail to the last known address of all non-joining interested parties and shall be in the following form:

CRITICAL

Applies to

Petition

The minor’s guardian’s sale petition must use separate paragraphs to state the specified appointment or guardianship information and the minor’s interest and property details shown in the excerpt.

(a) The petition shall set forth in separate paragraphs: (1) that the petitioner was appointed guardian of the estate of the minor, stating the method, date, and record of his appointment; or, if the estate of the minor consists of an interest in real property to the value prescribed by statute, that the petitioner is the natural guardian, or the person by whom the minor is maintained, stating the relationship of the petitioner to the minor; (2) the interest of the minor and full description of the real property proposed to be sold; its improvements; by whom

CRITICALCivil cases

Applies to

Wrongful death and survival settlement petition

The petition must contain the specified identifying, factual, beneficiary, liability, insurance, apportionment, debt, distribution, cost-support, and beneficiary-joinder information, including a will if the decedent died testate.

(2) The petition shall set forth: (i) A heading briefly identifying the purpose of the petition; (ii) The factual background of the claim; (iii) Whether the decedent died intestate; if the decedent died testate, a copy of the will shall be attached to the petition; (iv) Identification of the wrongful death beneficiaries; (v) Whether any wrongful death beneficiaries are minors or incapacitated persons and whether a guardian has been appointed for the person or estate; (vi) Counsel’s analysis of the liability and damages issues relevant to the determination of the reasonableness of the proposed settlement; (vii) The types and amounts of insurance coverage applicable to the claim and representation as to the efforts made to identify other collateral sources; (viii) The proposed apportionment between wrongful death and survival recoveries including the factual basis for said apportionment; (ix) Whether there are any unpaid liens, claims or debts; (x) A statement of the proposed distribution of the settlement funds, which includes the percentage of requested counsel fees and an itemization of costs. The petitioner shall attach appropriate documentation in support of the itemized costs; and (xi) Certification of joinder of the beneficiaries in the terms of the proposed settlement and petition.

CRITICALCivil cases

Applies to

Petition

The petition must contain medical records, investigative or police accident reports, and any counsel fee agreement described in the rule.

(3) The petition shall contain the following exhibits: (i) Copies of medical reports or records evidencing the diagnosis and prognosis of the minor’s injuries; (ii) Investigative or police accident reports which provide background information regarding the incident which caused the minor’s injuries; and (iii) The counsel fee agreement with the parents or natural guardians of the minor executed by any attorney seeking recovery of counsel fees.

CRITICALCivil cases

Applies to

Praecipe to transmit

A contempt petitioner must complete a praecipe to transmit identifying the matter as a contempt petition and listing witnesses, hearing time, and the judge who entered the order to be enforced.

The petitioner shall complete a praecipe to transmit indicating that the matter is a contempt petition, shall list witnesses and time necessary for hearing and list the Judge who entered the Order to be enforced.

CRITICALCivil cases

Applies to

Pretrial conference memorandum

A pretrial conference memorandum must include the submitting attorney’s certification that mediation was pursued or that it was discussed with clients and all counsel or pro se parties and rejected only after good-faith consideration.

All pre-trial conference memoranda filed in accordance with Schuylkill County Local Rule 212.2 shall include certification by the attorney submitting the same that mediation has been previously pursued or, if mediation has not been pursued, that the topic of mediation was discussed not only by counsel with their clients but also by all counsel and/or pro se parties and rejected only after good faith consideration.

CRITICAL

Applies to

Objection

An objection to an account must be filed in writing with the Clerk before the date specified in the notice.

If you desire to object, you must file that objection in writing with the Clerk prior to Wednesday, __________________, _______.

CRITICALCivil cases

Applies to

Objections to certificate of readiness

If both counsel and substitute counsel are unavailable within the next two civil trial terms, the objections must identify all conflicts or trial attachments and include all attachment orders.

Furthermore, if objections to a Certificate of Readiness are filed on the basis that counsel and substitute counsel are not available to try the case within the next two civil trial terms established by the official court calendar, counsel must specifically identify all conflicts or other trial attachments within the next two civil terms established by the official court calendar, and must further attach all attachment orders to the Objections to the Certificate of Readiness.

CRITICAL

Applies to

Guardian consent

A corporate proposed guardian's written consent must state that it has no specified fiduciary or surety role and no interest adverse to the minor.

(b) When the proposed guardian is a corporation authorized to act as fiduciary, its written consent to act as such shall contain a statement that it is not the fiduciary of an estate in which the minor has an interest nor the surety of such a fiduciary and that it has no interest adverse to the minor.

CRITICALCivil cases

Applies to

Amended pleading

Pleadings amended before trial must be executed, verified, and filed in complete amended form; amendments allowed at trial need not meet those requirements.

Pleadings amended before trial shall be executed, verified and filed in their complete amended form. Amendments to pleadings allowed at the trial need not be executed, verified and filed.

CRITICAL

Applies to

Private sale petition

A fiduciary's private-sale petition must conform as closely as practicable to the same fiduciary's public-sale petition requirements and include the affidavits required by Pennsylvania Orphans' Court Rule 5.11.

A petition of a fiduciary to sell real property at private sale shall also conform as closely as practicable to the requirements of Sch. Co. O.C. Rule 5.10 with regard to a petition to sell real property at public sale by the same fiduciary and shall also be supported by the affidavits required under Pa. O.C. Rule 5.11.

CRITICALCivil cases

Applies to

Motion

The motion must state the grounds for relief.

Grounds for relief to be stated

CRITICAL

Applies to

Warrant return

The officer’s return to the Magisterial District Judge must state “NOT FOUND” when the warrant cannot be served under the stated conditions.

(c) In any court case in which a warrant of arrest has been issued, either upon the filing of the complaint or after the defendant fails to respond to a summons, if the officer to whom the warrant was issued is unable to serve such warrant after good faith effort within thirty (30) days, the said officer shall make a return of "NOT FOUND" to the Magisterial District Judge.

CRITICALCivil cases

Applies to

Continuance request

A continuance request for a Custody Conference or Hearing must use the Court’s Continuance Form, be filed with the Prothonotary, and be immediately transmitted to the Custody Conciliation Office.

(a.1) A request for a continuance of a Custody Conference or Hearing shall be on the Continuance Form established by the Court. The Continuance Form shall be filed in the Prothonotary’s Office and immediately transmitted to the Custody Conciliation Office. Continuance forms are available from the Prothonotary or Court Administrator’s Office.

CRITICALCriminal cases

Applies to

Written guilty plea

The District Attorney must file the written guilty plea and attachments with the Clerk of Courts, who must promptly forward them to the Criminal Court Administrator.

The District Attorney shall file the written guilty plea with attachments in the office of the Clerk of Courts, who shall promptly forward the guilty plea and attachments to the Criminal Court Administrator.

CRITICALCivil cases

Applies to

Custody complaint or modification petition

Each custody, partial-custody, or visitation complaint, and each petition to modify an existing custody order, must have an order in substantially the provided form attached to its front.

(a) In addition to the information required by Pa.R.C.P. 1915.15(a) and (b), each complaint for custody, partial custody, or visitation, or a petition to modify an existing custody order, shall have attached to its front an order in substantially the following form:

CRITICALCivil cases

Applies to

Objections to certificate of readiness

A non-moving party contemplating a summary judgment motion must object to the certificate of readiness to preserve the right to do so.

If a summary judgment motion is contemplated by the non-moving party, that party must file objections to the certificate of readiness or the right to do so will be deemed waived.

CRITICALCivil cases

Applies to

Minor settlement petition

Must include

proposed order

The petitioner must attach a proposed order containing the settlement authorization and amount, distribution, compliant restricted-account terms, and the affidavit provision.

(8) The Petitioner shall attach a proposed order found at subsection (c) which sets forth: (i) The Court’s authorization for the petitioner to enter into a settlement and release on behalf of the minor; (ii) Reference to the total amount of the settlement; (iii) A complete statement of the distribution of the settlement amount as set forth in the petition; (iv) Identification of the type of account to be utilized, which account shall comply with Pa.R.C.P. 2039, including a provision that no withdrawal shall be made from any such account until the minor attains majority or by a prior order of court; (v) A provision that counsel shall provide the court with an Affidavit of Deposit of Minor’s Funds within thirty (30) days from the date of the order.

CRITICAL

Applies to

Return of sale

A public-sale return must be written, sworn, and include publication proofs, written-notice details, and the purchaser's name and price.

All returns of sale of real estate sold at public sale shall be in writing and sworn to and shall include: (1) proofs of publication of the notice required by Sch. Co. O.C. Rule 5.10D(a); (2) when and to whom written notice was given; (3) the name of the purchaser and the purchase price.

CRITICAL

Applies to

Verified return of notice

(e) In the absence of any objection, on presentation of a verified return of notice on the stated citation returnable date, an appropriate decree may be entered.

(e) In the absence of any objection, on presentation of a verified return of notice on the stated citation returnable date, an appropriate decree may be entered.

CRITICALCivil cases

Applies to

First pleading

The first pleading asserting a right, claim, or defense based on specified legal authority must cite that authority.

Whenever any right, claim or defense is asserted to be founded upon a specific statute of this or another jurisdiction or upon an ordinance, governmental regulation, or Rule of Court, the first pleading in which such right, claim or defense is asserted shall cite, for the information of the Court, the statute, ordinance, regulation or rule so relied upon.

CRITICAL

Applies to

Petition

A petition must state that all interested parties are petitioners or attach their consents or joinders, and explain why any necessary consent or joinder is missing.

(d) All petitions shall aver that all interested parties are petitioners, or that consents or joinders of all interested parties are attached. If the petitioner is unable to attach a necessary consent or joinder, he shall so state in his petition together with the reason.

CRITICALCivil cases

Applies to

Continuance application

Continuance applications must be submitted in writing to the scheduling judge on the Court Administrator’s general continuance form.

Applications for continuance of any court scheduled proceeding shall be made to the scheduling judge in writing on the general continuance form available through the office of the Court Administrator.

CRITICAL

Applies to

Petition for allowance from minor estate

A petition for an allowance from a minor's estate, for the maintenance, support, or education of the minor, his spouse or children, shall be presented by the guardian of the estate and shall set forth: (1) the manner of the guardian's appointment and the date thereof; and, where appropriate, the terms of the instrument creating the estate; (2) the age and residence of the minor; whether his parents are living; the name of the person with whom he resides; and, if married, the name and age of his spouse and children; (3) the value of the minor's estate, real and personal, and the net annual income; (4) the circumstances of the minor, whether employed or attending school; if the minor's parents are living, the reason why the parents cannot support and educate the minor without resorting to the minor's estate; (5) the date and amount of any previous allowances by the Court; (6) a recommendation to the Court of the amount of the allowance the petitioner believes should be decreed; (7) if the petition is presented by someone other than the guardian of the estate, that demand was made upon the guardian to act, and the reason, if any, given by him for his failure to do so.

A petition for an allowance from a minor's estate, for the maintenance, support, or education of the minor, his spouse or children, shall be presented by the guardian of the estate and shall set forth: (1) the manner of the guardian's appointment and the date thereof; and, where appropriate, the terms of the instrument creating the estate; (2) the age and residence of the minor; whether his parents are living; the name of the person with whom he resides; and, if married, the name and age of his spouse and children; (3) the value of the minor's estate, real and personal, and the net annual income; (4) the circumstances of the minor, whether employed or attending school; if the minor's parents are living, the reason why the parents cannot support and educate the minor without resorting to the minor's estate; (5) the date and amount of any previous allowances by the Court; (6) a recommendation to the Court of the amount of the allowance the petitioner believes should be decreed; (7) if the petition is presented by someone other than the guardian of the estate, that demand was made upon the guardian to act, and the reason, if any, given by him for his failure to do so.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each motion must state its grounds with particularity and include a proposed order granting the requested relief.

All motions shall state with particularity the grounds on which they are based, and each shall be accompanied by a form of order which, if approved by the Court, would grant the relief sought by the motion.

CRITICALCivil cases

Applies to

Conciliation questionnaire

A party ordered to attend the custody conciliation conference must bring the fully completed court-provided questionnaire.

You are further ORDERED to bring with you the fully completed conciliation questionnaire provided by the Court.

CRITICAL

Applies to

Withdrawal or delivery

Court funds or securities may be withdrawn or delivered only on the Clerk’s check or order accompanied by a certified copy of the authorizing Court order.

No money shall be paid out of Court by the depository, or securities delivered, except on checks or orders of the Clerk accompanied by a certified copy of the Order of Court authorizing such withdrawal or delivery.

CRITICALCivil cases

Applies to

Petition for approval of settlement or compromise

A petition for approval of a minor’s settlement or compromise must set forth the listed factual, party, legal, insurance, lien, authorization, account, and distribution information.

(2) The petition shall set forth: (i) The factual background of the claim; (ii) The identification of the parties, including the age of the minor and the addresses of the biological parents of the minor; (if the minor is not living with both natural parents, a copy of any order of court awarding custody or guardianship and a description of where and with whom the minor has resided over the preceding five years); (iii) Counsel’s analysis of the liability and damages issues relevant to the determination of the reasonableness of the proposed settlement; (iv) Counsel’s certification that the settlement is reasonable and in the best interest of the minor; (v) The types and amounts of insurance coverage applicable to the claim and representation as to the efforts made to identify other collateral sources; (vi) Whether there are any unpaid liens, claims or debts. Where claims or debts have been waived, petitioner shall attach as an exhibit written proof of waiver of such lien, claim or debt; (vii) A request for authorization of parent or natural guardian to sign the proposed release; (viii) A description of the type of account into which the settlement proceeds will be deposited; (ix) A statement of the proposed distribution of the settlement funds which includes the proposed percentage of counsel fees and an itemization of costs.

CRITICALCivil cases

Applies to

Notice

The required Notice to Defend and Notice Concerning Mediation must substantially follow the form provided in the rule.

(d) The required Notice to Defend and the Notice Concerning Mediation shall be in substantially the following form:

CRITICALCivil cases

Applies to

Written notice to client

After entry of a final order or decree, counsel must notify the client in writing that the representation has concluded and explain the need to arrange appellate representation or seek other counsel.

Thereafter, counsel shall notify his or her client in writing that his or her representation of the client has been concluded and that the client will have to make arrangements to continue representation for any appeal or seek other counsel.

CRITICALCivil cases

Applies to

Stipulation

If the parties reach agreement, the stipulation must be signed by all parties and the Conciliation Officer, who then submits it with a proposed order to the Court.

If the parties are able to reach an agreement during the conciliation conference, the Conciliation Officer will prepare a stipulation and submit it to the parties for their signature. Upon execution of the stipulation by all parties, the Conciliation Officer will also sign indicating his or her review and shall transmit the stipulation and a proposed order to the Court for approval.

CRITICALCivil cases

Applies to

Divorce action

A divorce filing made while a child-support or spousal-support action is pending between the parties must include the support docket number in its caption.

Any party filing an action for divorce with the Prothonotary, where there is also an action for child support or spousal support pending between the parties, shall include the support docket number (S.D. #____) in the caption.

CRITICALCivil cases

Applies to

Answer

A respondent's answer must include information similar to the petitioner's and explain the respondent's position on the claimed amounts and why the requested award should not be entered.

(2) A Respondent's answer to the petition shall include information similar to that required of the petitioner together with a concise statement of respondent's position in regard to the amounts claimed by petitioner and reasons why an award should not be entered as requested.

CRITICAL

Applies to

Uniform firearms act notification form

The completed Uniform Firearms Act notification form must be presented at the hearing.

The completed notification form required by the Uniform Firearms Act, 18 Pa.C.S.A. §6105, and available in the office of the Clerk, shall be presented at the hearing.

CRITICALCivil cases

Applies to

Motion

A summary judgment motion must include a praecipe indicating that the matter can be decided on the record and the moving party’s brief.

A motion for summary judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party.

CRITICALCivil cases

Applies to

Responding party brief

The brief of any responding party shall contain an argument and may contain a counterhistory of the case and a counterstatement of the issues involved.

The brief of any responding party shall contain an argument and may contain a counterhistory of the case and a counterstatement of the issues involved.

CRITICAL

Applies to

Petition

The petitioner must file a petition for the exemption.

(1) The petitioner shall file a petition and thereupon shall give 20 days written notice of intention to request the exemption on a stated citation returnable date to the personal representative, if any, and to all persons adversely affected thereby who do not join in the prayer of the petition.

CRITICALCivil cases

Applies to

Praecipe

Unless notice is waived, a praecipe must include a certification that advance notice of its presentation was delivered to the opposing party or counsel.

(c) In the absence of a Waiver of Notice, a praecipe presented under Pa.R.C.P. 1920.42(a) shall contain a certification by the presenting party or their counsel that advance notice of the presentation of the praecipe was delivered to the opposing party or to his attorney in accordance with Pa.R.C.P. 1920.42(d).

CRITICALCivil cases

Applies to

Preliminary objections

Preliminary objections must be accompanied by a supporting memorandum of law.

Preliminary objections shall be accompanied by a memorandum of law in support of the objections.

CRITICALCivil cases

Applies to

Publication notice

of a notice which shall be in substantially the following form: NOTICE IF HEREBY GIVEN TO _____________ that on ___________ a writ of execution issued against real property of ___________ held in your name and described as follows: Said writ issued on JUDGMENT No. __________, 20 ___. You are directed to notify ______________ that the plaintiff issued an attachment execution against you which ________is/are required to defend.

of a notice which shall be in substantially the following form: NOTICE IF HEREBY GIVEN TO _____________ that on ___________ a writ of execution issued against real property of ___________ held in your name and described as follows: Said writ issued on JUDGMENT No. __________, 20 ___. You are directed to notify ______________ that the plaintiff issued an attachment execution against you which ________is/are required to defend.

CRITICAL

Applies to

Petition for publication

A petition for publication must describe the petitioner's efforts to locate the natural parents' present address, including the methods used.

(b) A petition for publication must outline efforts made by petitioner through postal authorities, relatives, mutual friends, or other means to locate the present address of the natural parents.

CRITICALCivil cases

Applies to

Petition for review of support order

A petition under 23 Pa.C.S.A. §4352(a) must state the date of the support order and request only review of that order; it need not allege a specific change of circumstance.

Where a petition is filed pursuant to 23 Pa.C.S.A. §4352(a), the petition shall allege the date of the entry of the order of support which the petitioner seeks to have reviewed and shall not request any relief other than review of the previous order. No specific change of circumstance need be alleged.

CRITICAL

Applies to

Advertisement

The sale advertisement must use the prescribed heading and accompanying notice wording.

(a) Public notice of any proposed sale under Order of Court shall be given by advertisement one time in at least one newspaper of general circulation published in the County of Schuylkill and in the legal publication designated by these rules, and shall be placed under a general heading as follows: COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY ORPHANS' COURT DIVISION PUBLIC SALE OF REAL ESTATE In pursuance of an Order of the Orphans' Court Division aforesaid, the real estate indicated below will be offered for sale at the time and place stated. The terms and conditions of sale are of record in the office of the Clerk at the Schuylkill County Courthouse, Pottsville, Pennsylvania, where they may be examined by the interested parties.

CRITICAL

Applies to

Consent or joinder

A non-petitioner who consents or joins must append a signed written consent or joinder using the prescribed form.

(e) Whenever a party other than a petitioner desires to consent to or join in the prayer of a petition, there shall be appended to the petition a written "Consent" or "Joinder" signed by the party in the following form: I, ____________, having read and considered the contents of the foregoing petition, do herewith waive the benefit of all requirements of notice of the presentation, or service upon me, of said petition, do authorize the Court to note my general appearance in said proceeding as though I had appeared personally or by counsel, do herewith waive all objections to the Court's jurisdiction over my person, and do herewith consent to or join in [add specifics of prayer for relief]

CRITICALCivil cases

Applies to

Viewers compensation petition

The Board of Viewers’ Chairman must file a compensation petition directed to the President Judge when the Board’s Report is filed.

The Chairman of the Board of Viewers shall file a petition for compensation of the Viewers directed to the President Judge at the time the Report of the Board of Viewers is filed.

CRITICAL

Applies to

Records access request

A written request for access must use the form on the Court’s website.

The written request shall be made utilizing the form located on the home page of the Court’s website at www.schuylkillcountypa.gov.

CRITICALCivil cases

Applies to

Arbitration hearing notice

The arbitration hearing notice must include the prescribed warning about a party’s absence and the lack of a right to trial de novo after a judge’s decision.

The Notice shall include the following language: "The matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more of the parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge."

CRITICAL

Applies to

Exhibit photograph

The photograph of a non-documentary exhibit must be marked as an exhibit and identified in the exhibit index.

The photograph shall be marked as an exhibit and identified in the exhibits index.

CRITICALCriminal cases

Applies to

Dismissal expungement motion

Must include

proposed order

The motion must include an Adult Probation Department certification of successful program completion and compliance, as well as a proposed order.

Every motion so filed shall include a certification from the Adult Probation Department that the defendant has satisfactorily completed the program and complied with all its conditions and shall further include a proposed order.

CRITICALCivil cases

Applies to

Master report notice

The Master’s notice must state the intended report-filing date and exception deadline, substantially follow the specified form, and include the report and proposed decree.

In all cases, whether contested or uncontested, the Master shall serve written notice upon counsel of record for the parties, or by first class mail to the last known address of any party not represented by an attorney of record, of the Master's intent to file his report with the Prothonotary on a date certain and that all exceptions to the report shall be filed within twenty (20) days from the date of filing of the Master's report. This notice shall be substantially in the form provided for in Sch.R.C.P. 1920.55(e) and shall have attached thereto a copy of the Master's report and the proposed decree.

CRITICALCriminal cases

Applies to

Written guilty plea

Each written guilty plea must include a Guilty Plea Certification completed and signed by the District Attorney and defense counsel, with the required statement about any prior presentation of the plea.

Each written guilty plea shall be accompanied by a "Guilty Plea Certification" completed and signed by the District Attorney and defense counsel, certifying to the Court that the defendant's guilty plea has not previously been presented to the Court, or specifying the date when the plea was presented and identifying the judge who rejected the plea.

CRITICALCivil cases

Applies to

Master case papers

Must include

certificate of service

The Master’s case papers must include the specified case materials, including a certificate of service of the required Notice.

The Master shall enclose the papers in the case in a strong paper backer arranged in the following order: (1) Recommendation as to the form and content of the final decree as to the divorce or annulment and for the disposal of related claims; (2) In an uncontested case, the Master's report in the form required by Pa.R.C.P. 1920.53(c) and in a contested matter, in the form required by Pa.R.C.P. 1920.53(b); (3) Testimony; except that in a contested matter, the transcript by the court reporter may be separate from the other papers as long as it is filed at the same time; (4) Exhibits, if any, which are not included with the transcript; (5) Docket entries; (6) Record papers in the case; and (7) A certificate of service of the Notice required by "Sch.R.C.P. 1920.55."

CRITICALCriminal cases

Applies to

Bail bond

If the Schuylkill County Bail Release Program is designated as the supervisory agency, that designation must be listed on the bail bond as a condition of bond.

Any designation of the Schuylkill County Bail Release Program as the supervisory agency shall be listed on the bail bond as a condition of bond pursuant to Pa.R.Crim.P. 526.

CRITICAL

Applies to

Account checklist

The clerk-only certification covers the listed proofs, inventory, tax return, inheritance tax, and Account compliance with Rule 2.1.

CERTIFICATION ONLY BY CLERK: 1. Original proofs of publication and statements of proposed distribution are attached to account. 2. Inventory has been filed and a copy attached to account. 3. Copy of Federal Estate Tax Return has been filed. 4. Inheritance Tax has been paid in full and appraisement received. 5. Account complies with State and Local Rule 2.1.

CRITICAL

Applies to

Confidential document

The listed financial, educational, medical, child-services, marital-property, income-and-expense, and party-agreement records must be filed with a court or custodian using the Confidential Document Form.

The following documents are confidential and shall be filed with a court or custodian with the “Confidential Document Form”: 1. Financial Source Documents as listed on the form 2. Minors’ educational records 3. Medical/Psychological records are defined as “records relating to the past, present, or future physical or mental health or condition of an individual” 4. Children and Youth Services’ records 5. Marital Property Inventory and Pre-Trial Statement as provided in Pa.R.C.P. No. 1920.33 6. Income and Expense Statement as provided in Pa.R.C.P. No. 1910.27(c) 7. Agreements between the parties as used in 23 Pa.C.S. § 3105

CRITICALCivil cases

Applies to

Motion for appointment of master

A motion to appoint a Master must include the moving party’s certificate that all parties complied with the specified filing requirements.

(f) A motion for appointment of a Master shall contain a certificate by the moving party that all parties have complied with the filing requirements of Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46.

CRITICALCivil cases

Applies to

Objections to certificate of readiness

Objections based on counsel's unavailability within the next two civil trial terms must detail why substitute counsel cannot try the case in lead counsel's place during that period.

In the event a party or parties object to the filing of a Certificate of Readiness on the grounds that counsel is not available to try the case within the next two civil trial terms established by the official court calendar, counsel must state in specific detail the reasons why substitute counsel cannot be present within the next two civil terms established by the official court calendar to try the case in the place of lead counsel.

CRITICALCivil cases

Applies to

Informal brief

IF YOU ELECT NEITHER APPROACH, YOU MAY SUBMIT AN INFORMAL BRIEF AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE SCHEDULED CONFERENCE THAT SETS FORTH YOUR PROPOSAL REGARDING THE CUSTODIAL ISSUES REGARDING YOUR CHILD(REN).

IF YOU ELECT NEITHER APPROACH, YOU MAY SUBMIT AN INFORMAL BRIEF AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE SCHEDULED CONFERENCE THAT SETS FORTH YOUR PROPOSAL REGARDING THE CUSTODIAL ISSUES REGARDING YOUR CHILD(REN).

CRITICALCivil cases

Applies to

Uncontested motion

An uncontested motion must include counsel’s certificate that the motion is uncontested, substantially in the stated form.

Every uncontested motion shall be accompanied by a certificate of counsel that such motion is uncontested, substantially in the following form:

CRITICAL

Applies to

Abuse victim addendum

In the specified family court actions, an abuse victim’s address and other contact information must be kept out of filings except for the victim’s name; if necessary, provide that information on the separate Abuse Victim Addendum.

Abuse victim’s address and other contact information, including employer’s name, address and work schedule, in family court actions as defined by Pa.R.C.P. No. 1931(a), except for victim's name. “Abuse Victim” is a person for whom a protection order has been granted by a court pursuant to Pa.R.C.P. No. 1901 et seq. and 23 Pa.C.S. § 6101 et seq. or Pa.R.C.P. No. 1951 et seq. and 42 Pa.C.S § 62A01 et seq. If necessary, this information must be provided on the separate Abuse Victim Addendum.

CRITICAL

Applies to

Complaint

A complaint must specifically explain the complained-of conduct or practice and identify relevant dates, witnesses, and documents, with copies of relevant documents attached.

C. STATEMENT OF COMPLAINT: PLEASE BE SPECIFIC, relevant dates, names of witnesses and any relevant documents. Explain the conduct or practice complained of, the date(s), names of witnesses, and attach copies of relevant documents.

CRITICAL

The filing must identify all interested parties, including those not already parties to the record.

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

CRITICAL

Applies to

Continuance request form

The continuance request form must be completed and signed by the defendant and, if represented, counsel.

This request for continuance form must be completed and signed by the defendant and his/her counsel if any.

CRITICALCivil cases

Applies to

Stipulation

If the parties are able to reach an agreement after the conciliation conference, they may file a stipulation signed by the parties and counsel. The order shall be substantially in the form of the custody stipulation utilized pursuant to Sch.R.C.P. 1915.4.

If the parties are able to reach an agreement after the conciliation conference, they may file a stipulation signed by the parties and counsel. The order shall be substantially in the form of the custody stipulation utilized pursuant to Sch.R.C.P. 1915.4.

CRITICAL

Applies to

Complaint

A complaint must be written, signed, and state the alleged misconduct, financial dispute, or other matter related to judicial duties.

A complaint shall be in writing, signed by the complainant, and contain a statement of the alleged misconduct, financial dispute, or other matter related to the performance of judicial duties.

CRITICALCivil cases

Applies to

Opposing counsel report

In matters requiring a non-jury trial or hearing, opposing counsel must submit a written report to the Court Administrator listing its witnesses and estimating presentation time.

In matters requiring a non-jury trial or hearing, opposing counsel is required to submit a report in WRITING to the Court Administrator within ten (10) days of the moving party’s filing of the praecipe to transmit, (1) listing the names of the witnesses they will use at trial or hearing; and (2) an estimate of time required to present their case.

CRITICALCivil cases

Applies to

Custody complaint or petition

A completed order must be attached to the custody complaint or petition and must provide for all parties to attend the Kids First Program and Custody Conciliation Conference in substantially the prescribed form.

(a.3) A completed order shall be attached to the complaint or petition which includes a provision that all parties attend the Kids First Program and the Custody Conciliation Conference which shall be substantially in the form set forth in Sch.R.C.P. 1915.15.

CRITICALCivil cases

Applies to

Objections to certificate of readiness

Failing to object to the certificate of readiness waives objections to it, including a claim that discovery is incomplete.

Failure to file such objections constitutes a waiver of any objections to the certificate of readiness, including, but not limited to, any claim that discovery has not been completed.

CRITICALCivil cases

Applies to

Moving party brief

The moving party’s brief must contain the case history, a statement of the issues, and argument.

The brief of the moving party shall contain a history of the case, a statement of the issues involved, and argument.

CRITICAL

Applies to

Petition for sale of minor real property

Consents to a sale from interested parties who agree must be attached to the petition as exhibits.

(b) Consents to the sale signed by those interested parties who consent thereto shall be attached as exhibits.

CRITICAL

Applies to

Transcript

The transcript must show the defendant's date of birth in brackets after the defendant's name and the specified identifying and contact information for witnesses.

In addition to the requirements under the Pa.R.Crim.P., the Magisterial District Judge shall also list the defendant's date of birth in brackets following his name on the transcript, and shall list the names, addresses, and telephone numbers of all witnesses who testified at the preliminary hearing or who the parties request to be listed on the transcript.

CRITICALCivil cases

Applies to

Wrongful death and survival settlement petition

The petition must include the specified accident, medical, or expert reports; counsel fee agreement; and Department of Revenue allocation-approval correspondence as exhibits.

(3) The petition shall contain the following exhibits: (i) Copies of accident, medical or expert reports related to the alleged cause of death of decedent; (ii) The counsel fee agreement between any counsel seeking recovery of counsel fees and the administrator, executor or beneficiaries on whose behalf approval of settlement is sought; and (iii) A copy of correspondence from the Pennsylvania Department of Revenue approving the proposed allocation of settlement funds between the wrongful death and the survival actions.

CRITICALCivil cases

Applies to

Support claim pleading

The filing with the Domestic Relations Section must include a certified copy and two photocopies of the pleading.

Any party filing a pleading with the Prothonotary which raises a claim for child support, spousal support, or alimony pendente lite in a divorce action shall, within forty-eight (48) hours thereof, file a certified copy and two (2) photocopies of same with the Domestic Relations Section, where it shall proceed in accordance with the practice and procedure of the Domestic Relations Section after being assigned a support docket number (S.D. #_____).

CRITICALCivil cases

Applies to

Continuance application

Each continuance request must include counsel’s certification that the client was informed of the request.

Each request for continuance shall include a certification by counsel that his/her client has been informed about the request for a continuance.

CRITICAL

The filing must request a Citation directed to all interested parties, including those not represented on the record, to show cause why the appeal should not be sustained and the challenged act or proceeding should not be set aside and reversed.

(4) a request that a Citation be issued directed to all interested parties including those not represented on the record to show cause why the appeal should not be sustained and the judicial act or proceeding complained of be set aside and reversed.

CRITICAL

Applies to

Court filing

Do not include confidential information in any other document filed under the docket.

Do not include confidential information in any other document filed with the court under this docket.

CRITICALCivil cases

Applies to

Custody conciliation report

When transferring a contested case, the Custody Conciliation Officer must prepare and file a report with the Court and provide copies to the parties.

As part of that transfer, the custody Conciliation Officer shall prepare and file a report to the Court with copies to the parties.

CRITICAL

Applies to

Clerical error request

The request must provide specific corroborating facts, including supporting documentation, and may use additional sheets if necessary.

Set forth in specificity sufficient facts, including supporting documentation, that corroborates your allegation. Attach additional sheets if necessary.

CRITICALCivil cases

Applies to

Application

An application to drop a misjoined party or a party against whom no claim for relief is asserted must be made by motion.

Application under Pa.R.C.P. 2232(b), to drop from the record a party who has been misjoined or against whom no claim for relief is asserted in the action, shall be by motion

CRITICALCivil cases

Applies to

Praecipe to transmit

For a requested non-jury trial or hearing involving witnesses, the moving party must list the witnesses and estimate presentation time; unlisted witnesses may be precluded from testifying.

When a non-jury trial or a hearing involving witnesses is being requested, then the moving party shall list the witnesses to be presented and include an estimate as to the time required to present the case. ... Failure to list witnesses may result in the preclusion of their testimony.

CRITICALCivil cases

Applies to

Complaint copy

Counsel must forward a copy of the class action complaint to the Court Administrator for assignment to a judge.

(a) Counsel for the plaintiff(s) shall immediately notify the Court Administrator that a class action complaint has been filed and shall forward a copy of the Complaint to the Court Administrator for assignment of the action to a judge.

CRITICALCriminal cases

Applies to

Arraignment case list

The District Attorney must provide the Court and Public Defender with the names and docket numbers of defendants scheduled for arraignment on a specific date.

The District Attorney shall provide the Court and the Public Defender with the defendants' names and docket numbers for the cases to be called for arraignment on a specific date.

CRITICAL

Applies to

Account

Counsel of record must execute and submit the prescribed Orphans’ Court Account checklist with the Account.

(a) The checklist must be executed by counsel of record and submitted with the Account in the following form:

CRITICAL

Applies to

Confidential information form

Confidential information must be submitted on a Confidential Information Form filed at the same time as the related document, not included in other filings.

The following information is confidential and shall not be included in any document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with the document:

CRITICALCivil cases

Applies to

Masters report

The Master's report must certify, as its final item, that the required notice and enclosed proposed decree and report were served at least four business days before the report was filed.

(f) As a final item in the report, the Master shall certify that the notice, with proposed decree and report enclosed, required by this Rule have been served on the parties or their counsel at least four (4) business days prior to the filing of the report.

CRITICALCivil cases

Applies to

Praecipe and briefs

Transmittal to court, praecipe, briefs to be filed

Transmittal to court, praecipe, briefs to be filed

CRITICAL

Applies to

Notice

The appraisal-filing notice must include the petition, appraisal, and the specified statement about confirmation and setting apart the real estate, with at least 20 days' notice of the stated citation returnable date unless objections are filed.

The notice shall contain a copy of the petition and the appraisal, and a statement that confirmation of the appraisal and the setting apart of the real estate to the petitioner will be requested and may be allowed by the Court at a stated Citation Returnable date, of which not less than 20 days notice is given therein, unless objections are filed.

CRITICAL

Applies to

Petition

Each petition for involuntary termination must include a copy of the hearing notice.

A copy of the notice of the hearing shall be a part of each petition.

CRITICAL

Applies to

Ordinary transcript request

For an ordinary transcript, the requesting party must file the original request with the district court administrator or another appropriate court filing office.

For an ordinary transcript, the party requesting a full or partial transcript of a trial or other proceeding shall file the original request with the district court administrator or other appropriate filing office of the court.

CRITICAL

Applies to

Complaint

A written complaint must substantially conform to the Section H form, which the Criminal Court Administrator must provide upon request.

The written complaint shall substantially conform to the form set forth in Section H hereof. Upon request, the Criminal Court Administrator shall provide a complaint form to the prospective complainant.

CRITICALCriminal cases

Applies to

Ard submission

All such reports shall be submitted along with the necessary A.R.D. forms to the Criminal Court Administrator on the cutoff date for submission of paperwork for negotiated pleas as established by the published Court Calendar.

All such reports shall be submitted along with the necessary A.R.D. forms to the Criminal Court Administrator on the cutoff date for submission of paperwork for negotiated pleas as established by the published Court Calendar.

CRITICALCivil cases

Applies to

Affidavit of deposit of minor funds

The Affidavit of Deposit of Minor’s Funds must substantially follow the stated form, including the account restriction and proof-of-deposit attachment.

Said affidavit shall be in substantially the form as follows: (CAPTION) AFFIDAVIT OF DEPOSIT OF MINOR’S FUNDS The undersigned, counsel for ________________, parents and natural guardians of _____________, a minor, hereby certifies that the net settlement amount of $_______ as set forth in this Court’s order dated _________ was deposited by ________ into a restricted, federally insured account, marked "NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF EIGHTEEN (18), EXCEPT FOR THE PAYMENT OF LOCAL, STATE AND FEDERAL INCOME TAXES ON INTEREST EARNED BY THE SAVINGS ACCOUNT OR CERTIFICATE, IF ANY, OR UNTIL FURTHER ORDER OF THIS COURT” on ___________. Account No. __________ is entitled: _____________, a minor. Proof of deposit is attached hereto as Exhibit A.

CRITICALCivil cases

Applies to

Final judgment motion

A motion for final judgment in a quiet title action served by publication must include a certificate listing the publication dates and sources.

Motions for final judgment in quiet title actions, where service was made by publication, shall contain a certificate of publication indicating the dates and sources of such publication.

CRITICALCivil cases

Applies to

Custody claim

A custody claim filed separately or as a count in a divorce complaint must conform to Pa.R.C.P. 1915.15.

A claim for custody, whether filed as a separate complaint or petition, or as a count in the divorce complaint, shall conform to the requirements of Pa.R.C.P. 1915.15.

CRITICALCivil cases

Applies to

Affidavit of justification

A party offering noncorporate security must present a surety-justification affidavit in the prescribed form for court approval.

When other than corporate security is offered, the party offering it shall at the same time present an affidavit of justification of the surety in the following form for approval of the Court:

CRITICAL

Applies to

Affidavit of deposit of minor funds

The affidavit must certify the settlement deposit and restricted-account details and include proof of deposit as Exhibit A.

The undersigned, counsel for ________________, parents and natural guardians of _____________, a minor, hereby certifies that the net settlement amount of $_______ as set forth in this Court’s order dated __________ was deposited by ________ into a restricted, federally insured account, marked "NOT TO BE WITHDRAWN UNTIL THE MINOR REACHES THE AGE OF EIGHTEEN (18), EXCEPT FOR THE PAYMENT OF LOCAL, STATE AND FEDERAL INCOME TAXES ON INTEREST EARNED BY THE SAVINGS ACCOUNT OR CERTIFICATE, IF ANY, OR UNTIL FURTHER ORDER OF THIS COURT” on ___________. Account No. ______ is entitled: _____________, a minor. Proof of deposit is attached hereto as Exhibit A.

CRITICAL

Applies to

Account

Counsel for a guardian of the estate of an incapacitated person must submit a copy of the original inventory filed.

Counsel for a Guardian of the Estate of an Incapacitated Person shall also submit: (1) A copy of the original inventory filed.

CRITICALCivil cases

Applies to

Civil paper

Must include

case number

Civil papers must be filed with the Prothonotary, except support matters filed with the Domestic Relations Section; papers must bear the case number and year, and the filing date and hour must be stamped on them.

(a) All papers relating to civil matters shall be filed in the Office of the Prothonotary, with the exception of support matters which shall be filed with the Domestic Relations Section in accordance with appropriate statutes, Pennsylvania Rules of Civil Procedure, and these rules, with a case number and year thereon and the date and hour of filing to be stamped thereon by the Prothonotary or Clerk of the Domestic Relations Section.

CRITICALCivil cases

Applies to

Complaint

Every plaintiff's complaint and every defendant's complaint against an additional defendant must begin with a Notice to Defend followed by a Notice Concerning Mediation.

(a) Every complaint filed by a plaintiff and every complaint filed by a defendant against an additional defendant shall begin with a Notice to Defend, followed by a Notice Concerning Mediation.

CRITICAL

Applies to

Account

Should the account filed fail to comply with the Uniform Fiduciary Accounting Standards, the Clerk shall notify the Accountant to immediately comply with the Standards prior to 30 days before Audit Submission Day.

Should the account filed fail to comply with the Uniform Fiduciary Accounting Standards, the Clerk shall notify the Accountant to immediately comply with the Standards prior to 30 days before Audit Submission Day.

CRITICALCivil cases

Applies to

Petition for modification

If the order sought to be modified was entered less than three years before the petition is filed, the petition must specifically state the reasons for the requested relief.

Where the order which the petitioner seeks to modify was entered less than three (3) years prior to the filing of the petition, the petition shall specifically aver the reasons for the relief sought.

CRITICALCivil cases

Applies to

Notice to plead

A notice to plead must name the designated Public Defender office at the stated address and telephone number.

The Office of the Public Defender, 120 South Claude A. Lord Boulevard, Pottsville, Pennsylvania, 17901, (570) 628-2420, is designated as the office to be named in the notice to plead.

CRITICALCivil cases

Applies to

Civil bench warrant motion

Must include

proposed order

An applicant seeking a civil bench warrant must file a motion with a proposed order and pay the filing fee and the Sheriff’s fee.

Upon an Applicant’s filing in the Office of the Prothontary a Motion with a Proposed order in compliance with the Pa. Rules of Civil Procedure, seeking a Civil Bench Warrant, the Applicant shall pay the filing fee and the Schuylkill County Sheriff's fee.

CRITICALCivil cases

Applies to

Proposed notice

(c) The proposed form of notice required by Pa.R.C.P. 1712(c) to be submitted for approval by the plaintiff to the Court and to all named defendants, must be submitted no later than fifteen (15) days prior to the Class Action Notice Conference.

(c) The proposed form of notice required by Pa.R.C.P. 1712(c) to be submitted for approval by the plaintiff to the Court and to all named defendants, must be submitted no later than fifteen (15) days prior to the Class Action Notice Conference.

CRITICAL

Applies to

Consent

Written consent is required from the minor's parents or surviving parent, or, if both are deceased, from the specified adult or institutional official.

(c) Written consent of the parents or surviving parent of the minor is required. If both parents are deceased, such consent is required of the adult person with whom the minor resides or of the superintendent or other official in charge of the institution having custody of the minor.

CRITICAL

Applies to

Petition for adoption

Must include

proposed order

If a court-designated person will perform the study, petitioners’ counsel must seek the appointment by presenting a motion and proposed order with the adoption petition.

(c) If an appropriate person is to be designated by the Court to perform the study, counsel for petitioners shall seek such appointment by presenting a motion and proposed order along with the petition for adoption.

CRITICALCivil cases

Applies to

Separate praecipe

To have an action indexed as a lis pendens against real property, the filer must submit a separate praecipe with an adequate property description and recording reference, direct that the action be listed, certify a qualifying basis, and include a written verified statement; the text is cut off during the final requirement.

When a praecipe for a writ of summons, a complaint or a counterclaim is filed, the prothonotary shall index the action as a lis pendens against real property if, but only if, the party filing the praecipe, the complaint or the counterclaim, or his attorney: (1) files a separate praecipe describing real property by metes and bounds or a sufficient description to identify it, and the volume and page in the Recorder of Deeds Office of this county where recorded description of said property appears; (2) directs in said separate praecipe that the action shall be listed on a lis pendens against said real property; and (3) files with said separate praecipe a certification that said action; (A) is a proceeding to revive and continue the lien of debts against a defendant’s property, or (B) is a proceeding conveying or vesting title to real property in this Commonwealth; or (C) is a proceeding of which purchasers of the described real property should have constructive notice; and (4) files with said separate praecipe a written verified statement, as verified is defined in Pa.R.C.P. 76, setting forth the basis and subject matter of the cause of

CRITICALCivil cases

Applies to

Petition

The petition must include documentation supporting the itemized costs.

The petitioner shall attach appropriate documentation in support of the itemized costs;

CRITICALCivil cases

Applies to

Petition

The petition must include certification that the custodial parent(s) or appointed guardians joined in the proposed settlement.

(x) Certification of joinder of the custodial parent(s) or appointed guardians in the proposed settlement.

CRITICALCivil cases

Applies to

Proposed order

If a psychological or home evaluation order has been entered, the proposed order must provide for vacating it.

If an order for psychological and/or home evaluations has been entered, then the proposed order shall include a provision to vacate the order for psychological and/or home evaluations.

CRITICAL

Applies to

Petition for small estate settlement

A small-estate settlement petition must set forth the specified decedent, petitioner, beneficiary, estate, claim, tax, notice, and distribution information.

(a) A petition for the settlement of a small estate under Section 3102 of the P.E.F. Code shall set forth: (1) the name, date of death, and residence of the decedent; (2) the name and address of the petitioner and his relationship to the decedent; (3) if the petitioner is the surviving spouse, the date and place of marriage to the decedent; (4) whether the decedent died testate or intestate; (5) the names, relationship, and interest of all persons entitled to share in the decedent's estate under the Will or intestate laws, stating who are minors, incapacitated persons, or decedents, with the names of their fiduciaries, if any, and whether any of them received or retained any property of the decedent by payment of wages, salary or any accrued pension under Section 3101 of the P.E.F. Code or otherwise; (6) where a claim for family exemption is included, a statement that claimant formed a part of the decedent's household at the date of his death and, if the claimant is the surviving spouse, that he has not forfeited his right to the family exemption; (7) an itemized statement of the gross personal estate to be distributed and the fair value of each item other than cash, such value to be that given in the inventory filed, and if none was filed, then the fair value, if not readily ascertainable, shall be fixed by two appraisers whose affidavits of value shall be attached to the petition; (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 of all unpaid claimants of whom the petitioner has notice, 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 Clerk; the amount of any inheritance tax assessed, and the date of payment thereof; (11) a statement that 20 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; (12) a statement of distribution of the property, setting forth the persons entitled and their distributive shares and requesting the discharge of the personal representative if letters have been granted.

CRITICALCivil cases

Applies to

Post trial motion

A post-trial motion relying on newly discovered evidence, misconduct, or other facts not raised at trial must include an affidavit stating the discovery, supporting witnesses, expected testimony, and why the evidence is sufficient to change the verdict.

(b) A motion for post-trial relief which alleges after discovered evidence, misconduct of a party or the jury or any matter of fact which was not brought out at the trial, must be supported by affidavit stating the after discovery, the names of the witnesses in support of the motion, the substance of their expected testimony, and the party's belief of its sufficiency to change the verdict; otherwise such reasons will be disregarded.

CRITICALCivil cases

Applies to

Land use appeal notice

A land use appeal notice must be in writing and contain the required information.

A land use appeal shall be in writing and shall contain the following:

CRITICALCivil cases

Applies to

Petition for approval of settlement or compromise

If a lien, claim, or debt has been waived, the petitioner must attach written proof of the waiver as an exhibit.

Where claims or debts have been waived, petitioner shall attach as an exhibit written proof of waiver of such lien, claim or debt;

CRITICAL

Applies to

Petition for allowance from minor estate

For a minor who is at least fourteen, the petition must include the specified joinder or joinders based on the parents’ status and the minor’s living or custodial arrangement.

if the minor is fourteen years of age or older, he shall attach a joinder to the petition, and of the parents or surviving parent; or, if both parents are deceased, the joinder of the adult person with whom the minor resides, or the superintendent or other official in charge of the institution having custody of the minor.

CRITICALCriminal cases

Applies to

Supplemental pretrial conference case list

On the first business day of each month, the District Attorney must provide a supplemental list of cases newly six months old since the previous list and any other cases for which a pretrial conference is requested.

The District Attorney shall, on the first business day of each month, provide the Criminal Court Administrator with a supplemental list including those cases which have become six months old since the previous list was provided and such other cases for which the District Attorney is requesting a pretrial conference.

CRITICAL

A Confidential Information Form must accompany a filing when confidential information is required by law, ordered by the court, or necessary to dispose of the matter.

Pursuant to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the Confidential Information Form shall accompany a filing where confidential information is required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.

CRITICAL

Applies to

Opposition

Must include

proposed order

Every response opposing a motion or petition must include a proposed order that would deny or amend the requested relief if approved.

Every response in opposition to a motion or petition shall be accompanied by a proposed order which, if approved by the Court, would deny or amend the relief sought by the pleading.

CRITICALCivil cases

Applies to

Custody claim in divorce

After filing a divorce asserting a custody claim, the moving party must provide the Civil Court Administrator two copies with the required order attached.

If a custody claim is asserted in a divorce complaint or counterclaim, the moving party shall, after filing the divorce with the Prothonotary, provide two (2) copies, with the appropriate order attached as per Sch.R.C.P. 1915.15, to the Civil Court Administrator for assignment and scheduling.

CRITICAL

Applies to

Records access request

A written records-access request must use the form on the Court's website home page.

The written request shall be made utilizing the form located on the home page of the Court's website at www.schuylkillcountypa.gov.

CRITICALCivil cases

Applies to

Land use appeal notice

When applicable and available, the appeal notice must set out the listed information in separately numbered paragraphs and in the specified order.

Where applicable and where available to the appellant, in separately numbered paragraphs and in the following order: a. name and address of the appellant. b. name and address of the local agency the decision of which is being appealed. c. the name and address of the owners, both real and equitable of any real estate which may be the subject of the application and an identification of any real estate which may be the subject matter of the application. d. a chronology of the case, including the following dates: i. date of application. ii. date of filing application with the zoning officer. iii. date of action of the zoning officer or other official. iv. date of appeal or request to local agency. v. dates of all hearings. vi. date of decision or adjudication from which the appeal has been taken. vii. date decision received. e. the purpose for which the original application was made. f. all specific legal and factual grounds relied upon for the appeal. g. prayer for relief specifying all relief sought by the appellant.

CRITICALCivil cases

Applies to

Special relief petition

A petition for special relief under the Divorce Code must be presented only to the judge assigned to hear such petitions when it is filed.

(a) All petitions for special relief under the Divorce Code shall be presented only to the Judge assigned to hear such petitions at the time of filing.

CRITICAL

Applies to

Petition

A petition for a public sale by a trustee or personal representative must set out the specified title, property, fiduciary, trust, interested-party, proceeding-purpose, and sale-related information in separate paragraphs.

(a) The petition shall set forth in separate paragraphs: (1) how title was acquired, stating the date and place of probate of the Will or recording of the deed; (2) a full description of the real property, its improvements, by whom it is occupied, its rental value, and the liens and charges to which it is subject; (3) the interest of the petitioner, if a fiduciary, how and when he was appointed; if other than a fiduciary, the name of the fiduciary, if any, and how and when such fiduciary was appointed; (4) a recital of the history of the trust, and of the relevant provisions of the Will or Deed pertaining to the real property to be sold; the names of all interested parties and the nature and extent of their interests, stating which, if any, are minors or incapacitated persons, and giving the names and record of appointment of their guardians, if any; and the names of the next of kin and the age of any minors; (5) that the purpose of the proceeding is to obtain a decree stating that the title transferred to the purchaser shall be indefeasible by any person ascertained or unascertained, or by any class of persons mentioned in the petition or decree having a present or expectant interest in the premises, and unprejudiced by any error in the proceedings of the Court; (6) sufficient facts to enable the Court to determine whether the proposed sale will be to the interest and advantage of the interested parties, and whether the proposed sale may be made without prejudice to any trust, charity, or purpose for which the real property is held, and without violation of any laws which may confer an immunity or exemption from sale or alienation; (7) the names of any interested parties who do not voluntarily appear.

CRITICALCivil cases

Applies to

Attached custody order

The provided custody order form directs the person to appear in person at the Custody Conciliation Office for a conference.

You are ORDERED to appear in person at the Custody Conciliation Office, of the Schuylkill County Courthouse on ____________________, for a Custody Conciliation Conference.

CRITICALCriminal cases

Applies to

Criminal complaint and arrest warrant affidavit

Complaints and arrest warrant affidavits for the offenses listed in Rule 507 require approval from an Attorney for the Commonwealth before filing.

shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of an Attorney for the Commonwealth prior to filing.

CRITICAL

Applies to

Request for access form

Submit the completed request form to the appropriate custodian; incomplete forms may delay access.

The completed form shall be submitted to the appropriate custodian. Incomplete forms may result in delayed access to the requested record.

CRITICAL

Applies to

Petition for adoption

When the adoption petition includes the consent of a natural parent whose rights have not been terminated, the petitioner’s attorney must certify at the hearing that the parent received a copy of the signed consent.

(e) Where the Petition for Adoption contains the consent of the natural parent whose parental rights have not previously been terminated, petitioner's attorney shall certify at the hearing that the natural parent has received a copy of the consent of adoption which he/she signed.

CRITICAL

Applies to

Subsequent pleading

Must include

case number

All subsequent pleadings must include the docket number assigned to the proceeding.

which number shall be included in all subsequent pleadings filed.

CRITICALCivil cases

Applies to

Certiorari return

The local agency’s return must include its entire record, including the listed papers, available transcript, zoning materials, decision, and party information.

In making its return, the local agency shall submit its entire record, including but not limited to: a. all original papers filed, in chronological order, commencing with the application and all documents relating thereto, including correspondence; b. the transcript of testimony in existence and available to the local agency within the time it is required to make its return; c. the complete current zoning ordinance of the municipality, including maps, and any relevant prior ordinances or citation of, and copies of rules or regulations which affect the appeal; d. the findings of fact and conclusions of law of the local agency and its decision; and e. the names and addresses of all persons officially recognized as parties by the local agency.

CRITICAL

Applies to

Notice of report filing

The required notice form begins with the specified court, division, report title, estate caption, and addressee wording.

COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ANNUAL REPORT OF GUARDIAN In the matter of the Estate of _________, an Incapacitated Person. To the care providers, next-of-kin, and all interested parties in said affairs:

CRITICAL

Applies to

Notice of filing report

The report and proposed Decree of Confirmation Nisi must accompany the notice to interested parties or their counsel.

A copy of said report together with the proposed Decree of Confirmation Nisi shall accompany the notice to interested parties or their counsel of record.

CRITICALCivil cases

Applies to

Exceptions

A party filing exceptions must contemporaneously file a praecipe for transmittal stating that the matter can be decided on the record.

(h) A party filing exceptions to the Master's Report shall contemporaneously file a praecipe for transmittal pursuant to Sch.R.C.P. 205.2(b) indicating that the matter can be disposed of on the record.

CRITICAL

Applies to

Clerical error request

Submit an appellate-court record correction request to the proper appellate court’s prothonotary, and submit other listed court requests to the applicable custodian.

NOTE: A request to correct a clerical error in a case record of the Supreme Court, Superior Court or Commonwealth Court shall be submitted to the prothonotary of the proper appellate court. A request to correct a clerical error in a case record of a court of common pleas, magisterial district court, or Philadelphia Municipal Court shall be submitted to the applicable custodian.

CRITICAL

Applies to

Petition for small estate settlement

The petition must state that the inheritance-tax assets-and-deductions schedule was filed with the Clerk and provide any assessed tax amount and its payment date.

(10) that a schedule of assets and deductions for inheritance tax purposes has been filed with the Clerk; the amount of any inheritance tax assessed, and the date of payment thereof;

CRITICALCivil cases

Applies to

Opposition brief

Must include

certificate of service

The respondent's memorandum opposing preliminary objections must contain a certification of service on the moving party.

Respondent's memorandum of law contra the preliminary objections shall be filed within twenty (20) days after service of the brief of the moving party, and shall contain a certification of service upon the moving party.

CRITICAL

Applies to

Account

Counsel for trustees must submit the documents creating the testamentary or inter vivos trust, including applicable amendments.

Counsel for Trustees shall also submit: (1) A copy of the letters, and of the Will and codicils, if any, creating the testamentary trust, or a copy of the trust instrument and any amendments thereto, creating the inter vivos trust;

CRITICAL

Applies to

Witness list

(c) All interested parties shall file a list of witnesses and the expected time required for hearing within 20 days after service of court order appointing counsel for the minor.

(c) All interested parties shall file a list of witnesses and the expected time required for hearing within 20 days after service of court order appointing counsel for the minor.

CRITICALCivil cases

Applies to

Publication notice

A quiet-title publication notice must substantially follow the form set out in the rule.

Said notice shall be in substantially the following form:

CRITICAL

Applies to

Records access request

The request must describe the sought records specifically enough for the Records Manager to identify them.

The request shall identify or describe the records sought with sufficient specificity to enable the Records Manager to ascertain the records being requested.

CRITICALCivil cases

Applies to

Notice to defend and claim rights

The beginning of the Notice to Defend and Claim Rights must contain the caption and the listed statement and claim checkboxes.

(a) The following shall appear at the beginning of the Notice to Defend and Claim Rights as provided for in Pa.R.C.P. 1920.71: (CAPTION) You have been sued in Court for: [ ] Divorce [ ] Annulment [ ] Distribution of Property [ ] Alimony [ ] Child Support [ ] Alimony pendente lite [ ] Custody/Visitation [ ] Counsel fees, costs, and expenses

CRITICALCivil cases

Applies to

Custody complaint or modification petition

Each covered custody complaint or modification petition must include the specified statements that the plaintiff and defendant have been advised about the Kids First program attendance requirements.

(a.2) In addition to the information required by Pa.R.C.P. 1915.15, every complaint for custody, partial custody or visitation, and every petition for modification of an existing custody order, shall contain the following language: (1) “Plaintiff has been advised of the requirements to attend the Kids First program.” (2) “Defendant has been advised of the requirements to attend the Kids First program.”

CRITICAL

Applies to

Answer

In a contested involuntary-termination proceeding, an Answer must be filed.

(a) Whenever a proceeding for involuntary termination of parental rights is contested, an Answer shall be filed and the Court shall appoint counsel for the minor child or children in accordance with Section 2313 of the Adoption Act.

CRITICALCivil cases

Applies to

Notice

The notice must identify the court, docket number, parties, and nature of the action, and state the recipient’s joinder deadline and the consequences of not joining.

The notice shall state the court, and docket number of the action, the parties thereto and its nature, and that the person to whom it is addressed is required to join therein within twenty (20) days after receipt of such notice, or his cause of action will be barred and the action will proceed without him.

CRITICAL

Applies to

Opposing counsel report

In matters requiring a non-jury trial or hearing, opposing counsel must file a written report with the Clerk listing its witnesses and estimated presentation time.

In matters requiring a non-jury trial or hearing, opposing counsel is required to file a report in WRITING with the Clerk within 20 days of the moving party’s filing of the praecipe to transmit, (1) listing the names of the witnesses they will use at trial or hearing; and (2) an estimate of time required to present their case.

CRITICALCivil cases

Applies to

Appeal submission

After notice of the return, a party may submit the appeal for disposition by praecipe and must contemporaneously file a supporting brief and an affidavit of service.

Upon receiving notice of the return on certiorari, any party may submit the appeal to the court for disposition by praecipe pursuant to Sch.R.C.P. 205.2(b). The submitting party shall contemporaneously file a brief supporting that party's position and an affidavit of service on all other parties or their counsel.

CRITICALCivil cases

Applies to

Pre arbitration memorandum

When filing the arbitration certificate of readiness, the moving party must also file a Pre-Arbitration Memorandum covering the specified facts, legal theory, witnesses, exhibits, damages, sketch where appropriate, and unusual legal issues with authorities.

At the time the moving party files an arbitration certificate of readiness specified in subsection (b) above, the moving party shall also file a Pre-Arbitration Memorandum which sets forth: (1) a narrative statement of the facts which will be offered into evidence by that party; (2) a statement of legal theory upon which the cause of action or defense is predicated; (3) a complete list of witnesses to be called and the anticipated areas of each witness’s testimony; (4) a complete list of exhibits to be presented; (5) a statement setting forth an itemized list of the damages that a party intends to claim and prove; (6) a rough sketch illustrating the incident giving rise to the cause of action (where appropriate); and (7) a statement of any unusual or intricate legal issues or claims together with a citation of legal authorities relied upon.

CRITICALCriminal cases

Applies to

Pre trial disclosure or discovery motion

Pre-trial disclosure or discovery motions must state that the informal conference occurred and proved unsuccessful.

All motions for pre-trial disclosure or discovery shall set forth the fact that an informal conference to discuss the requested material has taken place and proved unsuccessful.

CRITICALCivil cases

Applies to

Notice of sale of securities

Securities-sale notices sent by mail and handbills must describe the securities, identify the broker and the broker’s business location, and state the sale date.

which mailing and which handbills shall contain a description of the securities to be sold, the name and place of the business of the broker through whom sale will be made, and the date when the securities will be offered for sale.

CRITICALCivil cases

Applies to

Custody complaint or petition

A completed order must be attached to the complaint or petition in substantially the prescribed form and provide for all parties to attend the Kids First Program and Custody Conciliation Conference; named parties must register for and attend the Kids First program as ordered.

(a.3) A completed order shall be attached to the complaint or petition which includes a provision that all parties attend the Kids First Program and the Custody Conciliation Conference which shall be substantially in the form set forth in Sch.R.C.P. 1915.15. All parties named in the pleadings must register for and attend the Kids First program as ordered.

CRITICALCivil cases

Applies to

Exceptions

A party filing exceptions to a hearing officer’s report must file a supporting brief at the same time.

A party who files exceptions to the hearing officer’s report pursuant to Pa.R.C.P. 1915.4-2(b)(4) shall contemporaneously file a supporting brief

CRITICALCivil cases

Applies to

Wrongful death and survival settlement petition

File the settlement-approval petition in the Orphans’ Court Division administering the estate if no suit was filed, or under the existing suit’s docket number in the Prothonotary’s Office if a suit was filed.

(a)(1) Petitions for Approval of Wrongful Death and Survival Settlements shall be filed in the Orphans’ Court Division where the estate is being administered if no suit has been previously filed or in the Prothonotary’s Office under the docket number of the previously filed suit.

CRITICALCivil cases

Applies to

Support claim or counterclaim

A child-support, spousal-support, or alimony-pendente-lite claim filed as a separate petition or counterclaim must conform to Pa.R.C.P. 1910.26.

A claim for child support, spousal support, or alimony pendente lite, whether filed as a separate petition or as a counterclaim, shall conform to the requirements of Pa.R.C.P. 1910.26.

CRITICALCivil cases

Applies to

Attached custody order

The provided custody order form directs the person to bring the fully completed court-provided conciliation questionnaire.

You are further ORDERED to bring with you the fully completed conciliation questionnaire provided by the Court.

CRITICAL

Applies to

Abuse victim addendum

An Abuse Victim Addendum must accompany a family court filing when it provides an abuse victim’s confidential information in the stated circumstances.

The Abuse Victim Addendum shall accompany a filing where confidential information is being provided by an abuse victim, as defined in this policy, in family court actions (see Pa.R.C.P. No. 1931(a)), as required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.

CRITICALCivil cases

Applies to

Verification

The required verification must address criminal-record or abuse history for the party and household members and be filed by the initial in-person contact, no later than 30 days after service.

You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the Court (including, but not limited to, a conference with a conference officer or judge or conciliation) but not later than 30 days after service of the complaint or petition.

CRITICAL

Applies to

Clerical error request

The requestor must verify the form’s facts and provide a signature and date.

I, ___________________________________, verify that the facts set forth in this form are true and correct to the best of my knowledge or information and belief. This statement is subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. § 4904) relating to unsworn falsification to authorities. Signature of Requestor: ___________________________________ Date: _____________________

CRITICAL

Applies to

Praecipe to transmit

Must include

certificate of service

The praecipe must use the prescribed form, including its case-status and certification fields.

The Praecipe shall be in the following form:

CRITICALCivil cases

Applies to

Preliminary objections

If deciding a preliminary objection requires fact finding, the filing party must submit a praecipe to transmit specifying that a hearing is required and why it is necessary.

In the event disposition of a preliminary objection requires fact finding, the filing party shall accompany the preliminary objections with a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b), specifying that a hearing is required and the reasons the hearing is necessary.

CRITICALCivil cases

Applies to

Points for charge

Points for charge must be submitted as directed by the pre-trial order, be written and signed by counsel, and cite authority for each point to be considered at trial unless the judge directs otherwise.

(a)(1) Points for charge shall be submitted to the Trial Judge as directed by pre-trial order of that Judge. (2) The points for charges shall be in writing and shall be signed by counsel, and shall include a citation of authority justifying each point submitted. (3) Unless otherwise directed by the Trial Judge, only those points for charge submitted in compliance with subsections (1) and (2) hereof will be considered by the trial Judge at the time of trial.

CRITICALCivil cases

Applies to

Petition amendment or supplement

Any court-required amendment or supplement to the petition must be filed of record.

(4) Any amendments or supplements to the petition required by the Court shall be filed of record.

CRITICAL

Applies to

Petition for payment of debts

A petition seeking a public sale to pay debts must include the applicable information required for a personal representative’s sale petition, along with specified statements and an account of known debts.

(b) If the petition is for the payment of debts, it shall set forth in separate paragraphs: (1) the information required to be set forth under subparagraph (a) of this rule, so far as appropriate; (2) a statement that the personal estate and the rents of real property are insufficient for payments of debts; (3) a statement of all real property owned by decedent, wherever situated, which is of the petitioner's knowledge; and (4) a just and true account of all debts of decedent which have come to petitioner's knowledge; and which, if any, of the debts not of record have had their liens preserved.

CRITICAL

Applies to

Original transcript request form

The Original Transcript Request Form must be filed with the Clerk of Courts, Prothonotary, or Orphans’ Court.

Sch. Co. R.J.A. 4007(B) requires the filing of the Original Transcript Request Form with the Clerk of Courts, Prothonotary or Orphans’ Court.

CRITICAL

Applies to

Praecipe to transmit

For a requested non-jury trial or witness hearing, the moving party must list its witnesses and estimate the time needed to present its case.

When a non-jury trial or a hearing involving witnesses is being requested, then the moving party shall list the witnesses to be presented and include an estimate as to the time required to present the case.

CRITICAL

Applies to

Bond

Each noncorporate surety offered on a bond must provide an affidavit stating their name and residence and establishing qualifying real-estate ownership and value.

All bonds presented for approval, except those having proper corporate surety, shall be accompanied by an affidavit of each person offered as surety, setting forth his name and residence, and that he is the owner in his individual right in fee simple of real estate located in Schuylkill County having a fair net value, after deducting all liens and encumbrances, in excess of the face amount of the bond upon which he is a surety.

CRITICALCivil cases

Applies to

Motion for judgment on the pleadings

A motion for judgment on the pleadings must include a praecipe to transmit stating that the matter can be decided on the record and the moving party's brief.

A motion for judgment on the pleadings shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party.

CRITICALCivil cases

Applies to

Praecipe

Must include

proposed order

A praecipe must have an attached proposed final decree substantially in the form specified by Pa.R.C.P. 1920.76.

(d) There shall be attached to a praecipe presented under Pa.R.C.P. 1920.42(a) a proposed form for the final decree substantially in the form provided for in Pa.R.C.P. 1920.76.

CRITICAL

Applies to

Request for access form

A request must identify or describe the requested record specifically enough for the custodian to locate it.

A requestor shall identify or describe the record sought with specificity to enable the custodian to ascertain which record is being requested.

CRITICAL

Applies to

Advertisement

The sale advertisement must contain the listed identifying, property, sale, fiduciary, and attorney information.

(b) The advertisement shall give the name of the decedent, trust beneficiary, minor, or incapacitated person, the municipality in which he resided, the place in which lies the real estate to be offered for sale, an abridged description of the real estate (including, where possible, the street and house number, and block and lot number), the improvements thereon erected, the place, date, and time of sale, the name and title of the fiduciary directed to make the sale, and the name of the attorney representing the fiduciary.

CRITICALCivil cases

Applies to

Land use appeal notice

The appeal notice must certify that the transcript has been ordered if one does not already exist.

A certification by the appellant that a transcript of the proceedings has been ordered, if one is not already in existence.

CRITICALCivil cases

Applies to

Certificate of readiness

A certificate of readiness listing a case for a non-jury trial, jury trial, or arbitration must certify that mediation was pursued or received good-faith consideration by counsel and all parties.

All certificates of readiness filed with the Court Administrator in accordance with Schuylkill County Rule 212.1 listing a case for a Non-Jury Civil Trial, a Civil Jury Trial or Arbitration shall contain a certification that mediation was pursued or, if not, was the subject of good faith consideration by counsel and all parties.

CRITICALCriminal cases

Applies to

Pretrial conference case list

The District Attorney must provide the Criminal Court Administrator with requested cases for a trial-readiness conference, including cases where six months have passed since the complaint was filed; the list may also include other open cases the District Attorney wants to list for trial.

Upon the effective date of this rule, the District Attorney shall provide the Criminal Court Administrator with a list of criminal cases in which a criminal information has been filed and for which the District Attorney is requesting the Court to conduct a conference to determine the readiness of said cases for trial. The list may include all open cases which the District Attorney wants to list for trial and shall include all cases in which an information has been filed and six months have expired since the filing of the complaint.

CRITICALCriminal cases

Applies to

Waiver of arraignment

If a defendant who is represented by counsel desires to waive appearance at arraignment, the defendant and the defendant's attorney shall execute and file a waiver of arraignment. The waiver of arraignment can be completed at the preliminary hearing by the defendant and the defendant's attorney executing the form provided for that purpose by the Magisterial District Judge, and said form shall be returned to Court with the transcript of the case.

If a defendant who is represented by counsel desires to waive appearance at arraignment, the defendant and the defendant's attorney shall execute and file a waiver of arraignment. The waiver of arraignment can be completed at the preliminary hearing by the defendant and the defendant's attorney executing the form provided for that purpose by the Magisterial District Judge, and said form shall be returned to Court with the transcript of the case.

CRITICALCivil cases

Applies to

Petition for modification or termination

A petition to modify or terminate a support order may request no other relief and must be filed with the Domestic Relations Section in an original and two copies.

A petition for modification or termination of an existing support order shall not request any relief other than modification or termination. The original and two (2) copies of the petition shall be filed with the Domestic Relations Section.

CRITICALCivil cases

Applies to

Agreement of reference

In addition, cases, whether or not at issue and without regard to the amount in controversy, may be referred to a Board of Arbitrators by an agreement of reference signed by all of the parties and their counsel.

In addition, cases, whether or not at issue and without regard to the amount in controversy, may be referred to a Board of Arbitrators by an agreement of reference signed by all of the parties and their counsel.

CRITICALCivil cases

Applies to

Petition

A petition requesting counsel fees, costs, expenses, or modification of alimony must include the listed financial records, employer verification, and counsel certification.

(d)(1) A request for counsel fees, costs and expenses, or modification of alimony, shall be made by petition. The petition shall include: (i) petitioner's income and expense statement as prescribed by the rules of court; (ii) a copy of petitioner's most recent federal income tax return; (iii) a verification by the petitioner's employer of petitioner's wages for the past six (6) months; (iv) petitioner's inventory and appraisement of property as prescribed by the rules of court; and (v) a certification by counsel setting forth services rendered to date, including time expended and the services and time estimated to be rendered and the fee requested therefore, and a list of all expenses for which reimbursement is sought.

CRITICALCivil cases

Applies to

Petition for approval of compromise settlement discontinuance and distribution

Must include

proposed order

The petition must include the applicable information, exhibits, and a similar proposed order, and comply with the referenced counsel-fee requirements for minors’ compromise petitions.

(b) The Petition shall contain the same information, exhibits, and similar proposed order, modified as may be applicable, and be subject to the same requirements referable to counsel fees, as prescribed under Sch.R.C.P. 2039, applicable to Petitions for Approval of Minors’ Compromises.

CRITICALCriminal cases

Applies to

Written guilty plea

The District Attorney must promptly attach the information, the defendant's prior-criminal-record report, and maximum penalties and sentencing guidelines for each charge to the written guilty plea.

The District Attorney shall promptly attach to the written guilty plea a copy of the information against the defendant, a report of the defendant's prior criminal record, and a list of maximum penalties and sentence guidelines for each charge.

CRITICAL

Applies to

Petition

If the required consent is not obtained, the petitioner must state the reason and give notice as directed by the Court.

If such consent is not obtained, the petitioner shall set forth the reason and give such notice of the petition as the Court may direct.

CRITICALCivil cases

Applies to

Notice to persons entitled to damages

Must include

case number

The notice must identify the decedent, court, and action number, and state the recipient’s right to petition to replace the plaintiff.

(a) The notice prescribed in Pa.R.C.P. 2205 shall name the decedent, the court, file number of the action, and state that, if the person to whom it is addressed objects to the authority of the plaintiff to maintain the action, such person may petition the Court to remove the plaintiff and to substitute as a new plaintiff any person entitled by law to recover damages in the action or a personal representative of the decedent.

CRITICALCivil cases

Applies to

Custody claim in divorce complaint or counterclaim

When a custody claim is asserted in a divorce complaint or counterclaim, the moving party must, after filing the divorce, provide the Civil Court Administrator two copies with the appropriate order attached for assignment and scheduling.

(c) If a custody claim is asserted in a divorce complaint or counterclaim, the moving party shall, after filing the divorce with the Prothonotary, provide two (2) copies, with the appropriate order attached as per Sch.R.C.P. 1915.15, to the Civil Court Administrator for assignment and scheduling.

CRITICAL

Applies to

Proposed preliminary order

For an incarcerated natural parent, the proposed Preliminary Order submitted with the petition must explain how the parent may contest the petition by requesting a writ and/or appointed counsel.

Where the natural parent is incarcerated, a petition for involuntary termination of that parent's parental rights must include a statement in the proposed Preliminary Order, submitted with the petition setting the hearing date, that if the natural parent desires to contest the petition, the parent may do so by requesting the issuance of a Writ of Habeas Corpus Ad Testificandum and/or by filing a petition for appointed counsel pursuant to 23 Pa.C.S.A. §2313.

CRITICAL

Applies to

Pleading with factual allegations

Pleadings alleging facts must be signed by the petitioner(s) and their attorney and attested by an affidavit or specified verified statement, subject to an alternative signer and explanation when compliance is impractical.

All pleadings containing an allegation or allegations of fact, shall be signed by the petitioner or petitioners and their attorney and attested either by an affidavit or by a verified statement setting forth that it is subject to the penalties of 18 Pa.C.S.A §4904 (relating to unsworn falsifications to authorities) by one or more of the petitioners. When it is impractical to comply with the foregoing, the pleading may be signed and attested by someone familiar with the facts, in which case the reason for the failure of petitioner or petitioners to sign shall be set forth in the attestation.

CRITICAL

Applies to

Petition

A petition for a public sale of real property by a guardian must set out the listed information in separate paragraphs.

(a) The petition shall set forth in separate paragraphs: (1) the name, age, marital status and domicile of the incapacitated person or the minor; the date of appointment of the guardian and by what Court; and the amount of bond filed; (2) the total value of the personal estate and all of the real property, respectively, as shown in the inventory filed, or if no inventory filed, then the value of each item as received by the guardian and how and when received; (3) a full description of the real property proposed to be sold, the improvements thereon, by whom occupied, and the rental value thereof; (4) the names of the interested parties as next of kin; (5) why the sale of the real property involved is necessary or desirable for the administration of the incapacitated person's estate or in the best interest of the minor; (6) the liens and charges, if any, of record against the property to be sold; (7) the terms of the proposed sale.

CRITICALCivil cases

Applies to

Continuance request

A continuance request based on emergency circumstances must explain those circumstances in writing.

Emergency circumstances must be explained in writing,

CRITICALCriminal cases

Applies to

Criminal information

For murder charges, the District Attorney must contemporaneously forward a copy of the criminal information to the Criminal Court Administrator.

Whenever the District Attorney files a criminal information against a defendant alleging the commission of murder as defined in 18 Pa.C.S.A. §2502, the District Attorney shall contemporaneously forward a copy of the information to the Criminal Court Administrator.

CRITICAL

Applies to

Exhibits index

The exhibit index must list exhibits by number and identify each exhibit’s proponent, evidentiary status, and description or identification.

The exhibits index shall include a numbered list of exhibits, and for each exhibit shall identify the Proponent, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit.

CRITICALCivil cases

Applies to

Preliminary objections

Must include

certificate of service

A certification of service on opposing counsel must be filed within 10 days after the preliminary objections are filed.

A certification of service thereof upon opposing counsel shall be filed within 10 days after the filing of the preliminary objections.

CRITICALCivil cases

Applies to

Land use appeal notice

Must include

caption

The appeal notice must include a caption substantially in the specified form.

A caption in substantially the following form: In Re: The Appeal of (Name) from the decision of the (Name of local agency, such as zoning hearing board or governing body) .

CRITICALCivil cases

Applies to

Motion for appointment of master

If either specified filing requirement is inapplicable, the moving party must certify that in the motion.

(1) If Pa.R.C.P. 1920.31(a)(1) or 1920.33(a) are inapplicable, the moving party shall so certify in his motion.

CRITICALCivil cases

Applies to

Notice of intervention

Must include

caption

A Notice of Intervention must identify the intervening party as an Intervenor in the caption and state that the party is intervening.

Notice of Intervention shall contain the name of the intervening party as an additional party designated as Intervenor in the caption, and shall set forth that such identified party is intervening.

CRITICALCivil cases

Applies to

Stipulation

A stipulation concerning delay damages must state whether a written offer was made, its amount, and its date.

1) Accepting a stipulation from the parties which contains the following: a) whether an offer was made in writing; b) the amount of the offer; c) the date of the offer

CRITICALCivil cases

Applies to

Intervention notice

A Section 1004-A intervention notice must be under the appeal caption and include the listed information.

Notice of intervention under Section 1004-A of the Pennsylvania Municipalities Planning Code shall be under caption of the appeal and contain: i. name and address of intervenor. ii. nature of interest of intervenor in the proceedings. iii. statement setting forth the factual and legal circumstances under which the intervenor alleges a right to intervene. vi. a brief summary of the position of intervenor and grounds therefor.

CRITICAL

Applies to

Petition

A fiduciary’s mortgage petition must follow the referenced sale-petition requirements as closely as practicable, state the proposed loan’s amount and terms, and provide facts sufficient for the Court to assess approval.

(a) A petition by a fiduciary to mortgage real property shall conform as closely as practicable to the requirements of Sch. Co. O.C. Rule 5.10 with regard to a petition to sell real property at public sale by the same fiduciary; shall set forth the amount and terms of the proposed loan; and shall provide sufficient facts to enable the Court to determine whether the proposed loan should be approved.

CRITICAL

Applies to

Petition

A petition concerning consent executed outside Pennsylvania must include the petitioner's attorney's certification that the consent complies with the law where it was executed.

(a) A petition to confirm the consent of a natural parent to the adoption of a child under Section 2504 of the Adoption Act, where the natural parent executed the consent outside this Commonwealth, must include a certification by petitioner's attorney that the consent is in accordance with the laws of the jurisdiction where it was executed.

CRITICALCivil cases

Applies to

Wrongful death and survival settlement petition

Must include

proposed order

The petitioner must attach a proposed order authorizing settlement and release, stating the total settlement amount, and fully setting out its distribution as stated in the petition.

(7) The Petitioner shall attach a proposed order in substantially the following form and setting forth: (i) The Court’s authorization for the petitioner to enter into a settlement and release; (ii) Reference to the total amount of the settlement; and (iii) A complete statement of the distribution of the settlement amount as set forth in the petition.

CRITICALCivil cases

Applies to

Pre arbitration memorandum

The non-moving party must file a Pre-Arbitration Memorandum covering the same seven topics within 20 days after receiving the moving party’s memorandum.

The non-moving party shall file its Pre-Arbitration Memorandum within twenty (20) days of receipt of the moving party’s Memorandum. The non-moving party’s Pre-Arbitration Memorandum shall contain the same seven topics as the moving party’s Memorandum.

CRITICAL

Applies to

Confidential document form

A Confidential Document Form must accompany a filing when a confidential document is required by law, court order, or necessary to dispose of the matter.

Pursuant to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, the Confidential Document Form shall accompany a filing where a confidential document is required by law, ordered by the court, or is otherwise necessary to effect the disposition of a matter.

CRITICALCivil cases

Applies to

Testimony

In an uncontested case, testimony must be transcribed in question-and-answer form, read by the witness, and sworn to and signed before the Master.

The testimony in an uncontested case shall be transcribed in question and answer form, shall be read by the witness, and shall be sworn to and signed by the witness in the presence of the Master.

CRITICALCivil cases

Applies to

Notice to defend

The Notice to Defend must name the Pennsylvania Bar Association Lawyer Referral Service and its stated contact information as the organization from which legal help can be obtained.

(c)(1) Pennsylvania Bar Association Lawyer Referral Service, 100 South Street, P.O. Box 186, Harrisburg, PA 17108, Telephone 1-800-692-7375, is designated as the organization or agency to be named in the notice to defend from which legal help can be obtained.

CRITICAL

Applies to

Transcript request

Transcript requests must be made on the standardized form provided by the court Administrator.

All requests for transcripts shall be set forth on a standardized form provided by the court Administrator.

CRITICALCivil cases

Applies to

Praecipe to transmit

The praecipe must identify the action requested from the Court to move the matter forward.

The praecipe must indicate the nature of the action requested of the Court to move the matter forward.

CRITICALCivil cases

Applies to

Affidavit of deposit

Counsel must create the restricted account and file an affidavit of deposit of the minor’s funds within 30 days.

Counsel for petitioners is ORDERED to cause the restricted account to be created and to file an affidavit of deposit of minor’s funds within thirty (30) days hereof.

CRITICAL

Applies to

Settlement of action involving minor

A minor’s personal-injury settlement generally cannot be authorized or approved without the minor’s court appearance, medical evidence about the injuries and their resolution, and any further information the Court deems necessary.

Except as provided in the next subsection, no settlement of an action of a minor for personal injuries will be authorized or approved without the appearance of the minor in court, medical evidence as to the extent of the minor's injuries, and whether such injuries have fully resolved, and such further information as the Court shall deem necessary.

CRITICALCriminal cases

Applies to

Written guilty plea

For a D.U.I. charge, a copy of the CRN must also be provided to the Court.

When the charge is D.U.I., a copy of the CRN shall also be provided to the Court.

CRITICAL

Applies to

Guardian consent

An individual proposed guardian's written consent must provide the listed personal details and statements.

(a) When the proposed guardian is an individual, his written consent to act as such shall contain the following: (1) His business, and domicile; (2) A statement that he is a citizen of the United States, able to speak, read, and write the English language; (3) A statement that he is not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; and (4) A statement that he has no interest adverse to the minor.

CRITICALCivil cases

Applies to

Custody conciliation questionnaire

All parties must complete the Court’s custody conciliation questionnaire.

All parties shall complete the Court’s custody conciliation questionnaire

CRITICALCivil cases

Applies to

Intervention request

A petitioner seeking intervention in a land use appeal must follow Sch.R.C.P. 208.3 to submit the matter to the Court.

The petitioner seeking intervention in a land use appeal shall comply with the procedures in Sch.R.C.P. 208.3 to submit the matter to the Court.

CRITICAL

Applies to

Petition or motion

Must include

proposed order

Every petition and motion must be accompanied by a praecipe to transmit and a proposed order granting the requested relief if approved.

Every petition and motion shall be accompanied by a praecipe to transmit and a proposed order which, if approved by the Court, would grant the relief sought by the pleading.

CRITICALCivil cases

Applies to

Certificate of service

Must include

certificate of service

The Certificate of Service must certify that the Notice of Intervention was served as required.

Intervenor shall file a Certificate of Service with the Prothonotary within five (5) days of the filing of Notice of Intervention, certifying that the Notice of Intervention was served in accordance with (c) above.

CRITICALCivil cases

Applies to

Injunction application

Applications for injunctions or other special relief must state specific, detailed factual reasons in the pleadings and affidavits; conclusions alone are insufficient.

(c) No application for injunction or other special relief will be considered by the Court unless the factual reasons are set forth specifically and in detail in the pleadings and affidavits. The pleading or averring of conclusions will not be sufficient.

CRITICALCivil cases

Applies to

Memorandum

The memorandum filed by each party must substantially follow the form required by Sch.R.C.P. 212.2(b) for a pre-trial conference.

(k)(1) Within twenty (20) days after the appointment of a Master by the Court, but no later than the pre-hearing conference, each party shall file a memorandum substantially in the form required by Sch.R.C.P. 212.2(b) prior to a pre-trial conference.

CRITICAL

Applies to

Petition for adoption

When a Report of Intention to Adopt has been filed, the Petition for Adoption must state that the petitioner’s attorney has arranged for a Home Investigation.

(a) When a Report of Intention to Adopt has been filed, a Petition for Adoption must include in all cases a statement that petitioner's attorney has made arrangements for a public child care agency or a consenting private child care agency or appropriate person designated by the Court to perform a Home Investigation on the adopting parent(s).

CRITICALCivil cases

Applies to

Alimony pendente lite complaint

A recipient seeking continuation of Alimony Pendente Lite or conversion of spousal support to Alimony Pendente Lite after a divorce decree must file an Alimony Pendente Lite complaint with the Domestic Relations Section.

A recipient of Alimony Pendente Lite seeking to have the same continue after the entry of a divorce decree or a recipient of a spousal support seeking to convert it to Alimony Pendente Lite after the entry of a divorce decree shall file a complaint for Alimony Pendente Lite in the Domestic Relations Section of the Court.

CRITICALCivil cases

Applies to

Parent education completion affidavit

A party who completed the Parent Education program is excused from attending another program only if the party files an affidavit of completion with the completion certificate attached as an exhibit.

(7) A party to a custody proceeding who has successfully completed the Parent Education program will be excused from attending another program if the party files of record an affidavit stating that the party has attended and successfully completed the Parent Education program designated by the Court with a copy of the certificate of completion attached as an exhibit.

CRITICAL

Applies to

Clerical error request

The request must specifically identify the alleged clerical error and may use additional sheets if necessary.

Set forth in specificity the information that is alleged to be a clerical error, as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. Attach additional sheets if necessary.

CRITICAL

Applies to

Petition for discharge

The discharge petition must have a guardian's affidavit stating that no additional minor's assets were received and that all known claims were paid.

(2) An affidavit by the guardian setting forth that he has received no additional assets belonging to the minor, and that all claims of which he has notice have been paid.

CRITICALCivil cases

Applies to

Petition

A petition seeking issuance of a rule to show cause must be accompanied by a praecipe to transmit.

(2) Each petition seeking issuance of a rule to show cause shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b).

CRITICAL

Applies to

Supplemental account

Receipts or disbursements received or made after filing the Account and Petition for Adjudication/Statement of Proposed Distribution may be accounted for in a supplemental account, which shall be signed and verified by the accountant(s) and filed with the Clerk with notice in the same manner as required by Pa. O.C. Rule 2.5 (a)–(g) with respect to an account.

Receipts or disbursements received or made after filing the Account and Petition for Adjudication/Statement of Proposed Distribution may be accounted for in a supplemental account, which shall be signed and verified by the accountant(s) and filed with the Clerk with notice in the same manner as required by Pa. O.C. Rule 2.5 (a)–(g) with respect to an account.

CRITICAL

Applies to

Maintenance and support allowance petition

A maintenance-and-support allowance petition must include the guardian and petitioner details, estate and inventory information, the incapacitated person's address and occupation, dependents and known creditor claims, the requested allowance and its reason, prior allowances, and any required notice to the Veterans' Administration.

A petition for an allowance for maintenance and support of an incapacitated person during incapacity or incompetency shall set forth: (1) the name of the guardian and the date of his appointment; if the petitioner is not the guardian, his relationship to the incapacitated person, and if not related, the nature of his interest; (2) a summary of the inventory, the date it was filed, and the nature and present value of the estate; (3) the address and occupation, if any, of the incapacitated person; (4) the names and addresses of the incapacitated person's dependents, if any; (5) a statement of all claims of the incapacitated person's creditors known to petitioner; (6) a statement of the requested allowance and the reason therefor; a statement of all previous allowances made by the Court; (7) if any portion of the incapacitated person's estate is received from the United States Veterans' Administration or its successor that notice of the request for allowance has been given to that agency.

CRITICAL

Applies to

Auditor or master report

When the 20-day notice period expires, the Auditor or Master must file the original Report and proposed Decree with the Clerk.

The Auditor or Master shall file his original Report and proposed Decree with the Clerk upon expiration of the 20 days notice period.

CRITICALCivil cases

Applies to

Pre trial memorandum

The pre-trial memorandum must include the listed facts, witnesses, legal theories, evidence, damages, defenses, stipulations, negotiation history, and other specified materials.

1) A narrative statement of the facts which will be offered into evidence on behalf of that party. 2) The names and addresses of all witnesses the party expects to call, classifying them as witness to liability, non-liability, damages, diminution of damages, or expert. 3) A statement of the legal theory upon which the cause of action or defense is predicated, together with a complete citation of authorities relied on. 4) A complete list of photographs, contracts, maps, models, records or other documents or things intended to be used for evidence at the time of trial. 5) A written statement setting forth an itemized list of damages that any party intends to claim and prove at the time of trial. 6) A written detailed statement of items of claim for which a defense is believed available and the method to be used for proving such defense items. 7) A list of stipulations which opposing counsel reasonably can be expected to agree for purposes of avoiding need for proof. 8) A history of negotiations to date. 9) Where appropriate, a rough sketch illustrating the incident giving rise to the cause of action. 10) Copies of reports received from expert listed as a witness. 11) Such other matters as may be required by the Conference Judge.

CRITICALCivil cases

Applies to

Affidavit

A party who completed the Parent Education program may avoid attending another program by filing an affidavit of completion with the certificate attached.

A party to a custody proceeding who has successfully completed the Parent Education program will be excused from attending another program if the party files of record an affidavit stating that the party has attended and successfully completed the Parent Education program designated by the Court with a copy of the certificate of completion attached as an exhibit.

CRITICALCivil cases

Applies to

Praecipe

When an Alimony Pendente Lite complaint is filed with the Domestic Relations Section, a Praecipe must be filed with the Prothonotary requesting a docket notation of the claim and its support docket number.

Upon filing of a Complaint for Alimony Pendente Lite in the Domestic Relations Section, a Praecipe shall be filed in the Prothonotary's office requesting the Prothonotary to note on its docket that an Alimony Pendente Lite claim has been filed with the Domestic Relations Section and docketed to S.D. No. ____.

CRITICAL

Applies to

Appeal petition

An appeal from a judicial act or proceeding before the Register of Wills must be brought by petition stating the nature of the proceeding and the reasons for the appeal.

When an appeal is taken from a judicial act or proceeding before the Register of Wills, the petitioner shall do so by petition which sets forth: (1) the nature of the proceedings; (2) the reasons for the appeal;

CRITICALCivil cases

Applies to

Custody claim or counterclaim

A custody claim filed as a separate petition or counterclaim must conform to Pa.R.C.P. 1915.15.

A claim for custody, whether filed as a separate petition or as a counterclaim, shall conform to the requirements of Pa.R.C.P. 1915.15.

CRITICALCivil cases

Applies to

Certiorari return

The certiorari return must be verified by the local agency’s chairman or another designated officer.

The return on the certiorari shall be verified by the chairman or other officer designated by the local agency.

CRITICALCivil cases

Applies to

Arbitration certificate of readiness

The arbitration certificate of readiness must use a Prothonotary-provided form and include the case caption, trial counsel contact details, and the specified certifications.

The certificate shall be on forms provided by the Prothonotary and shall contain the following: 1. the caption of the case; 2. name, address and phone number of trial counsel for all parties; 3. certification that all outstanding motions are resolved; 4. certification that discovery has been completed and disclosure made to the other parties of any and all reports to be utilized at the arbitration hearing; and

CRITICALCivil cases

Applies to

Board of viewers panel appointment petition

A petition to appoint a Board of Viewers panel must include a praecipe to transmit and comply with Sch.R.C.P. 206.1(a).

Petitions for appointment of a panel of the Board of Viewers shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.2(b) and shall comply with Sch.R.C.P. 206.1(a).

CRITICALCivil cases

Applies to

Petition

Must include

proposed order

A petitioner seeking a rule to show cause must attach a proposed order and the prescribed form to the petition.

Pursuant to this rule the petitioner shall attach to any petition seeking a rule to show cause a proposed order and the following form:

CRITICALCivil cases

Applies to

Oral argument request

A written oral-argument request must be submitted to the assigned judge, or the Court Administrator if no judge has been assigned, by the last brief deadline and explain why the brief does not adequately address the issue; otherwise, oral argument is deemed waived.

Requests for oral argument shall be submitted in writing to the assigned judge, or when there has not been a specific assignment to the Court Administrator, and shall be submitted not later than the date that the last brief is due to be filed. Requests for oral argument shall include an explanation providing the reason that the argument contained in the brief does not adequately address the issue. Failure to request oral argument in writing, including matters in which argument is required by rule (e.g. Pa.R.C.P. 1910.12(g)), will be deemed by the court to constitute an agreement by the parties to waive oral argument, and allow disposition on the record.

CRITICAL

Applies to

Filing containing confidential information

A person filing a document containing confidential information as defined by the Policy must use and file a Confidential Information Form.

In compliance with Section 7 of the Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts, persons who file documents that contain confidential information as defined by the Policy shall use and file a Confidential Information Form in order to comply with the Policy.

CRITICALCivil cases

Applies to

Stipulation

Must include

proposed order

The stipulation must be executed by all parties, signed by the Conciliation Officer to indicate review, and transmitted with a proposed order to the Court for approval.

Upon execution of the stipulation by all parties, the Conciliation Officer will also sign indicating his or her review and shall transmit the stipulation and a proposed order to the Court for approval.

CRITICALCivil cases

Applies to

Certificate of readiness

A certificate of readiness must be filed.

Certificate of readiness, to be filed

CRITICALCivil cases

Applies to

Certificate of readiness

Each item of Prothonotary Form 212 must be completed or the case may be stricken from the pretrial list.

Failure to complete each item of Prothonotary Form 212 shall be cause for striking the case from the pre-trial list.

CRITICALCivil cases

Applies to

Continuance request

The continuance request must include counsel’s certification that the client was informed of the request.

continued and a certification by counsel that his/her client has been informed about the request for continuance.

CRITICAL

Applies to

Application to waive transcript costs

An application to waive some or all ordinary transcript costs must be supported by an affidavit substantially in the form of the required In Forma Pauperis Petition.

The application to waive all or a portion of costs for ordinary transcripts shall be supported by an affidavit substantially in the In Forma Pauperis Petition required by Pennsylvania Rule of Civil Procedure 240.

CRITICALCriminal cases

Applies to

Written guilty plea form

If the parties reach a plea agreement, defense counsel or the defendant must complete the written guilty plea form and promptly return it to the District Attorney's office.

If the parties arrive at a plea agreement, the defense counsel or defendant shall complete the form for entry of a written guilty plea available at the office of the District Attorney and promptly return it to that office.

CRITICAL

Applies to

Transcript transmittal

The Magisterial District Judge must retain a copy of the transmittal letter and the return receipt card.

The copy of the transmittal letter and return receipt card shall be retained by the Magisterial District Judge.

CRITICALCivil cases

Applies to

Motion for additional evidence

A party seeking to present additional evidence must file a written motion by the date its brief is due, accompanied by a praecipe specifying the proposed testimony and why it is necessary.

If any party believes that the proper consideration of the appeal requires the presentation of additional evidence, that party shall, on or before the date when that party's brief is due, file a written motion, in compliance with Sch.R.C.P. 208.1 et seq., and shall be accompanied by the praecipe mandated by Sch.R.C.P. 205.2(b), setting forth specifically the nature of the proposed additional testimony and the reasons why such testimony is necessary for the proper consideration of the appeal.

CRITICAL

Applies to

Application for corporate surety approval

An application for approval of a corporation as surety must include a sworn statement by an authorized corporate representative addressing its authorization, filings, and the certificate’s continued validity.

Every application for the approval of a corporation to act as surety shall be accompanied by a statement, sworn to by the president, secretary or authorized agent of the corporation, that it is duly authorized by certificate issued to it by the Insurance Department of this Commonwealth to become surety on all bonds and obligations, that it has filed such certificate together with a copy of its financial statement with the Prothonotary of Schuylkill County in accordance with the rules of the Court of Common Pleas of Schuylkill County and that the certificate is still in full force and effect.

CRITICAL

Applies to

Account

Counsel for personal representatives must attach the specified letters, inventory, tax appraisement, estate-planning documents, and tax receipts.

Counsel for personal representatives shall also attach: (1) A copy of letters, inventory, and inheritance tax appraisement; (2) A copy of the Will and codicils; (3) The official receipt for any inheritance tax paid; (4) The official receipt for any federal estate tax paid.

CRITICALCivil cases

Applies to

Pleading

A pleading claiming liquidated money damages must state the precise amount and, if interest is claimed, the date or dates from which it is claimed.

Whenever a party claims relief in the form of liquidated money damages, he shall, at the conclusion of his pleading, state the precise amount of damages claimed and, if entitled to interest, the date or dates from which interest thereon, or any part thereof, is claimed.

CRITICALCivil cases

Applies to

Opposition

Must include

proposed order

A response opposing a motion must include a proposed order denying or amending the requested relief.

Every response in opposition to a motion shall be accompanied by a form of order, which, if approved by the Court, will deny or amend the relief sought by the motion.

CRITICALCivil cases

Applies to

Custody conciliation questionnaire

All parties in covered custody matters must complete the Court’s custody conciliation questionnaire and attend the promptly scheduled conference.

All custody matters not specifically reserved to the Court shall be promptly scheduled for a conference before the Custody Conciliation Officer. All parties shall complete the Court’s custody conciliation questionnaire and attend such conference.

CRITICALCivil cases

Applies to

Agreement of reference

An agreement of reference may contain agreed facts or waived defenses, replaces the pleadings, and must be filed of record.

The agreement of reference may contain stipulations as to facts agreed upon or defenses waived. In such cases, the agreement of reference shall take the place of the pleadings and shall be filed of record.

CRITICAL

Applies to

Consent or joinder

Every consent and joinder must be signed by at least two witnesses.

(f) All "Consents" and "Joinders" shall be signed by at least 2 witnesses.

CRITICAL

Applies to

Petition for small estate settlement

If an estate item's fair value is not readily ascertainable and no inventory was filed, two appraisers must fix its value and their affidavits must be attached to the petition.

(7) an itemized statement of the gross personal estate to be distributed and the fair value of each item other than cash, such value to be that given in the inventory filed, and if none was filed, then the fair value, if not readily ascertainable, shall be fixed by two appraisers whose affidavits of value shall be attached to the petition;

CRITICALCriminal cases

Applies to

Sentencing guideline forms

As soon as practicable after the informations are lodged, the District Attorney must prepare the Court's sentencing guideline forms and forward them to defense counsel.

The District Attorney shall prepare the sentencing guideline forms provided by the Court as soon as practicable after the informations are lodged, setting forth the sentences required by the guidelines if a plea of guilty is entered by the defendant, and shall forward this material to defense counsel.

CRITICAL

Applies to

Petition for discharge

The discharge petition must have a statement in the nature of an account attached.

(1) A statement in the nature of an account;

CRITICAL

Applies to

Petition for public sale by trustee

A trustee’s public-sale petition must set out the specified trust, property, bond, and beneficiary information in separate paragraphs and include the trust instrument as an exhibit.

(a) The petition shall set forth in separate paragraphs: (1) a statement, in substance, of the provisions of the instrument creating the trust, particularly the powers, if any, therein given to the trustee in respect of real property; (2) a copy of the instrument creating the trust, in the form of an exhibit; (3) the total value of the personal property and the real property, respectively, forming the corpus of the trust; (4) the amount of the bond, if any, filed; (5) the names of all interested parties as beneficiaries, including life tenants and remaindermen, who will be affected by the granting of the petition, whether any of them are minors, incapacitated persons, or deceased, and if so, the names and the record of appointment of their fiduciaries; (6) a full description of the real property proposed to be sold, the improvements thereon, by whom it is occupied, and the rental value thereof;

CRITICAL

Applies to

Transcript request

A request for a reduced rate must include proof of authorization or the specified affidavit requesting a full or partial cost waiver.

Does this request qualify for a reduced rate pursuant to Pa.R.J.A. 4007(E)?  Yes  No If Yes, please provide proof of authorization for a reduced rate or an affidavit required by Pa.R.J.A. 4008(B)(4) requesting a waiver of all or a portion of the costs.

CRITICALCivil cases

Applies to

Consent order petition

Must include

proposed order

If the parties are able to reach an agreement prior to the conciliation conference, they may file a petition requesting that a consent order be entered and include a proposed order. The order shall be substantially in the form of the custody stipulation utilized pursuant to Sch.R.C.P. 1915.4.

If the parties are able to reach an agreement prior to the conciliation conference, they may file a petition requesting that a consent order be entered and include a proposed order. The order shall be substantially in the form of the custody stipulation utilized pursuant to Sch.R.C.P. 1915.4.

CRITICAL

Applies to

Account

The form of the Account must comply with State and Local Orphans’ Court Rules.

FORM OF ACCOUNT SHALL COMPLY WITH STATE AND LOCAL ORPHANS’ COURT RULES.

CRITICAL

Applies to

Home investigation

If an agency will perform the study, petitioners’ counsel must provide it with the Report of Intent to Adopt or similar information and ensure the Home Investigation is sent directly to the Orphans' Court Division.

(b) If a public or private child care agency is to be used to perform the study, counsel for petitioners must provide that agency with a copy of the Report of Intent to Adopt or other similar information and take whatever steps are necessary to cause the required Home Investigation to be sent directly to the Orphans' Court Division.

CRITICAL

Applies to

Petition

Signed consents to the sale from interested parties must be attached to the petition as exhibits.

(b) Consents to the sale signed by interested parties shall be attached as exhibits.

CRITICALCivil cases

Applies to

Parent education certificate of completion

After successful program completion, the presenter must issue the party a completion certificate and provide a completion certification to Court Administration for docketing and inclusion in the record.

(5) Upon successful completion of the Program, the presenter shall issue a certificate of completion to the party and provide the Court Administration of Schuylkill County with a certification of completion which shall be docketed and made part of the record.

CRITICALCivil cases

Applies to

Petition for rule to show cause

A petition to open a default judgment for failure to answer must include a copy of the proposed answer when the Pennsylvania Rules of Civil Procedure require an answer.

A petition for a rule to show cause why a judgment by default for want of an answer should not be opened, must have attached to it a copy of the proposed answer to the complaint if an answer is required under the Pennsylvania Rules of Civil Procedure.

CRITICALCivil cases

Applies to

Bifurcation stipulation

A bifurcation stipulation must be signed by the parties and their counsel; a stipulation between unrepresented parties requires a petition and hearing for approval.

(b) A bifurcation stipulation shall be signed by the parties and their respective counsel. A stipulation entered between unrepresented parties shall be approved only upon petition and hearing.

CRITICALCivil cases

Applies to

Preliminary objections

In domestic relations and paternity cases, the defendant's brief must be filed with the preliminary objections, and the plaintiff's brief must be filed 3 days before a scheduled hearing.

Defendant's brief will be filed with the objections and plaintiff's brief shall be filed 3 days before any scheduled hearing.

CRITICAL

Applies to

Petition for public sale by personal representative

A petition for a personal representative’s public sale of real property must set out the specified estate, property, interested-party, lien, and sale information in separate paragraphs.

(a) The petition shall set forth in separate paragraphs: (1) name, residence, and date of death of the decedent; whether he died testate or intestate; and the date of grant of letters; (2) that the personal representative is not otherwise authorized to sell by the P.E.F. Code, or that the personal representative is not authorized or is denied the power to do so by the Will; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (3) the total value of the personal estate and all of the real property, respectively, as shown in the inventory filed, including the value at which the real property to be sold was included therein; (4) a full description of the real property to be sold, improvements thereon, by whom it is occupied and its rental value; (5) if the personal representative entered bond with the Clerk, the amount of such bond and the name of the surety; (6) the names of all interested parties, as heirs, devisees, legatees, or lienholders, who will be affected by the granting of the petition and the interest of each; whether any of them are minors, incapacitated persons, or deceased, and if so, the names and the record of the appointment of their fiduciaries; (7) the liens and charges, if any, of record against the property to be sold; (8) the terms of the proposed sale; (9) any additional facts which may aid the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

CRITICALCivil cases

Applies to

Support claim

A child-support, spousal-support, or alimony-pendente-lite claim filed as a separate petition or in a divorce complaint must conform to Pa.R.C.P. 1910.26.

A claim for child support, spousal support, or alimony pendente lite, whether filed as a separate petition or as a count in the divorce complaint, shall conform to the requirements of Pa.R.C.P. 1910.26.

CRITICALCivil cases

Applies to

Special relief petition

Before presentation, the Prothonotary must time-stamp the original and one copy of each special-relief petition, and a copy must be provided to the Court Administrator when the petition is presented to the assigned judge.

(b) The original and one copy of all such petitions shall be time stamped by the Prothonotary prior to presentation of said petition, and a copy of each such petition shall be provided to the Court Administrator contemporaneously with the presentation of the petition to the assigned Judge.

CRITICALCivil cases

Applies to

Proposed order

Before the proposed Order Appointing Master is submitted to the Court, it must bear the Prothonotary’s endorsement that the fee was paid.

The Prothonotary shall endorse the fact of such payment upon the proposed "Order Appointing Master" before same is submitted to the Court.

CRITICAL

Applies to

Records access request

The request must identify or describe the sought records with enough specificity for the Records Manager to determine which records are requested.

(2) The request shall identify or describe the records sought with sufficient specificity to enable the Records Manager to ascertain the records being requested.

CRITICAL

Applies to

Petition for discharge

If withdrawals were made from the minor's account, the guardian must file a discharge petition when the minor reaches age 18.

(b) If withdrawals have been made from the account, the guardian shall file a petition for his discharge upon the minor's attaining age 18.

CRITICAL

Applies to

Transcript request form

Anyone requesting a transcript for a court proceeding must complete this form.

Pursuant to Pa.R.J.A. 4007(A), this form must be completed by any person requesting a transcript for any court proceeding.

CRITICAL

Applies to

Confidential document form

Complete the entire form and check every applicable item.

Complete the entire form and check all that apply.

CRITICALCriminal cases

Applies to

Omnibus pre trial motion

Omnibus pre-trial motions must state the requested relief, grounds, supporting facts and events, and supporting legal citations with particularity.

All omnibus pre-trial motions shall state specifically and with particularity the following: (1) type of relief requested; (2) grounds for relief requested; (3) facts and events in support thereof; and (4) citations or law in support thereof.

CRITICALCivil cases

Applies to

Responding party report

The responding party’s report must estimate the time needed to present the respondent’s case and list the witnesses to be called.

Upon receipt of service of a petition for contempt and the praecipe for transmittal the responding party shall, within five (5) days, submit a written report to the Court Administrator estimating the time required for presentation of respondent's case and a list of witnesses to be called.

CRITICALCivil cases

Applies to

Filing requiring judicial action or assignment

A filing requiring judicial action or assignment must include Prothonotary Form 205.2(b), state the filing’s nature and requested action, and may be denied if the praecipe or requested action is omitted.

All filings which require action by a judge or an assignment by the Court Administrator shall be accompanied by a praecipe to transmit on Prothonotary Form 205.2(b), and shall indicate the nature of the filing and what action is being sought to move the matter forward. ... Failure to file the praecipe to transmit or to indicate what action is required from the Court may result in denial of the relief sought.

CRITICALCivil cases

Applies to

Praecipe

Counsel must certify in a praecipe that the required written notice was given to the client.

Counsel shall certify by praecipe that such notice was given.

CRITICALCivil cases

Applies to

Verification

A verification concerning criminal records or abuse history for the party and household members must be filed with the Court.

You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household

CRITICAL

Applies to

Proposed order

A proposed order for approval of a minor’s settlement must use the form provided in the rule.

The form of proposed order shall be as follows:

WARNINGCivil cases

Applies to

Scheduling conference motion

The motion for scheduling conference should state in specific detail the efforts which counsel has made to schedule discovery and otherwise complete discovery.

The motion for scheduling conference should state in specific detail the efforts which counsel has made to schedule discovery and otherwise complete discovery.

WARNINGCivil cases

Applies to

Questionnaire

The parties may be required to complete a questionnaire.

The parties may be required to complete a questionnaire.

WARNINGCivil cases

Applies to

Juvenile court procedural rule citation

Juvenile court procedural rules must be cited as “Sch.R.J.C.P. _______.”

Juvenile court procedural rules adopted by this Court shall be known as Schuylkill County Rules of Juvenile Court Procedure, and shall be cited as “Sch.R.J.C.P. _______.

WARNINGCivil cases

Applies to

Pre hearing conference summary

After the pre-hearing conference, the Master must prepare a summary of the discussions and actions taken.

(m) Following the pre-hearing conference, the Master shall: (1) prepare a summary of the discussions and action taken at the pre-hearing conference;

WARNING

Applies to

Record

If the Auditor or Master declines testimony on the stated grounds, the Record must show the offer and its purpose, the objection and its ground, and the Auditor's or Master's decision.

If he is of the opinion that the testimony is clearly frivolous and irrelevant, or that the witness is clearly incompetent, he need not take the testimony, but the Record shall show the offer and the purpose of it, the objection and the ground of it, as well as the decision of the Auditor or Master, so that if objection be taken to the Report of the Auditor or Master on this ground his decision may be properly reviewed by the Court.

WARNINGCivil cases

Applies to

Supplemental memorandum

1) Require any party to file a supplemental memorandum, communicate to his client the recommendations of the Court or conduct additional negotiations.

1) Require any party to file a supplemental memorandum, communicate to his client the recommendations of the Court or conduct additional negotiations.

WARNING

Applies to

Abuse victim addendum

Attach additional pages to the Abuse Victim Addendum when necessary.

Attach additional page(s) if necessary.

WARNINGCivil cases

Applies to

Uncontested motion certification

The uncontested-motion certification procedure references an affidavit of service.

Certification as uncontested, affidavit of service

WARNINGCivil cases

Applies to

Notice of filing of report

The notice of filing must substantially follow the referenced form and include copies of the report and recommendation.

Upon filing, the Master shall immediately send notice, substantially in the form required by "Sch.R.C.P. 1920.55(c)," of the filing of the report to each party and accompany the notice with a copy of the report and recommendation.

WARNINGCivil cases

Applies to

Praecipe for transmittal

When the matter is ripe, either party may file a praecipe for transmittal stating that the issue may be decided on the record.

When the matter is ripe for disposition either party may transmit the case to the Court by filing a praecipe for transmittal pursuant to Sch.R.C.P. 205.2(b), indicating that the issue may be disposed of on the record.

WARNING

Applies to

Petition

An attorney's signature on a petition certifies that uncertified or unauthenticated copies are true and correct copies of the originals.

The signature of an attorney to a petition shall constitute a certification by that attorney that all copies of written or printed instruments, records, or documents which are not certified or authenticated are true and correct copies of the original.

WARNINGCivil cases

Applies to

Alimony pendente lite complaint

After a divorce action is commenced, the Alimony Pendente Lite complaint should be filed with the Domestic Relations Section.

Once a divorce action has been commenced, a Complaint for Alimony Pendente Lite should be filed with the Domestic Relations Section.

WARNING

Applies to

Line up petition

If the District Attorney opposes the line-up, the defendant may request one by filing an original petition with the Clerk of Courts.

Defendant may then request a line-up by filing an original petition with the Clerk of Courts.

WARNING

Applies to

Home investigation

(d) A Home Investigation should contain in all cases: (1) A report from the agency/designated person outlining the investigation made into the adopting parents' background and character; (2) A report of criminal history from the Pennsylvania State Police; (3) A certification from the Pennsylvania Department of Public Welfare certifying that the proposed adopting parent(s) are not registered as the perpetrator(s) of a founded or indicated report of child abuse; (4) An FBI fingerprint certification.

(d) A Home Investigation should contain in all cases: (1) A report from the agency/designated person outlining the investigation made into the adopting parents' background and character; (2) A report of criminal history from the Pennsylvania State Police; (3) A certification from the Pennsylvania Department of Public Welfare certifying that the proposed adopting parent(s) are not registered as the perpetrator(s) of a founded or indicated report of child abuse; (4) An FBI fingerprint certification.

WARNINGCivil cases

Applies to

Certificate of readiness

A party may list a case for pretrial by filing a certificate of readiness on Prothonotary Form 212.

Thereafter, any party may list the case for pre-trial by filing a certificate of readiness on Prothonotary Form 212.

WARNINGCivil cases

Applies to

Hearing notice

The hearing notice must state the time and place of the petition hearing and be given to the parties.

(e) Upon being served with an order for appointment as a Master on a petition by a party averring inability to pay all or part of the costs of the action, the Master shall, within ten (10) days, give notice of the time and place for hearing on the petition to the parties.

WARNINGCivil cases

Applies to

Order appointing master

An order appointing a Master must substantially follow the prescribed form.

(b)(1) The order appointing a Master shall be substantially in the following form:

WARNING

Applies to

Court filing

Provide confidential information to the court only when required by law, ordered by the court, or otherwise necessary to resolve the matter.

The best way to protect confidential information is not to provide it to the court. Therefore, only provide confidential information to the court when it is required by law, ordered by the court or is otherwise necessary to effect the disposition of a matter.

WARNING

Applies to

Petition for settlement of action involving minor

The Court may approve a minor-settlement petition without appearances by the minor, guardian, or doctor if the petition contains all information required by Sch.R.C.P. 2039 and sufficiently demonstrates adequate compensation.

The Court may approve the petition without requiring the appearance of the minor, his guardian, or his doctor, provided the Court concludes that the information contained in the petition is sufficient to satisfy that the proposed settlement adequately compensates the minor and his guardian for the injuries sustained and expenses incurred and so long as the petition contains all information set forth in Sch.R.C.P. 2039.

WARNING

Applies to

Confidential information form

The Confidential Information Form need not be filed in cases sealed or exempt from public access under applicable authority.

Please note this form does not need to be filed in types of cases that are sealed or exempted from public access pursuant to applicable authority (e.g. juvenile, adoption, etc.).

WARNINGCivil cases

Applies to

Proposed findings conclusions

The presiding Judge may require the parties to submit proposed findings of fact and conclusions of law concerning class certification.

(a) The presiding Judge may require the parties to submit proposed Findings of Fact and Conclusions of Law pertaining to whether or not the case should be certified as a class action.

WARNING

Applies to

Notice

The notice must state that a copy of the account and proposed distribution statement is attached or available for examination at the Clerk’s Office.

A copy of the Account and Statement of Proposed Distribution is attached hereto; and if not attached, it is available for your examination at the Clerk’s Office in the Schuylkill County Courthouse.

WARNINGCivil cases

Applies to

Praecipe to transmit

Once a contested case is at issue and applicable fact-finding requirements are met, either party may seek assignment for disposition by praecipe.

(c) When a contested case is at issue, and the parties have complied with the fact finding provisions of Pa.R.C.P. 206.7(c) and 206.7(d), where applicable, either party may move to have the matter assigned to the Court for disposition by praecipe pursuant to Sch.R.C.P. 205.2(b).

WARNINGCivil cases

Applies to

Responsive pleading

When a copy of a book account is attached to a pleading, a responsive pleading must allege specified defects and demand production of the books to require their production at trial; otherwise, the copy is admitted without further proof.

In actions in which book accounts may be offered in evidence, if a copy thereof is attached to any pleading, it shall not be necessary to produce the books at the trial, unless a responsive pleading shall allege that the account or copy is incorrect, stating particulars, or that the books are not books or original entry, and shall demand the production of the books at the trial; otherwise, the copy shall be admitted as evidence without further proof.

WARNINGCivil cases

Applies to

Praecipe to transmit

If the respondent does not answer within the time set in the rule, the movant may request assignment by praecipe to transmit.

(a) In the event the respondent fails to file an answer to the rule within the time set forth in the rule, the movant may request to have the matter assigned to the Court for entry of an appropriate order by praecipe to transmit pursuant to Sch.R.C.P. 205.2(b).

WARNINGCivil cases

Applies to

Pre trial memorandum

(d) Failure to fully disclose in the pre-trial memorandum or the pre-trial conference the substance of the evidence as to liability, defenses, witnesses, exhibits, damages proposed to be offered at the trial, etc., may result in the exclusion of that evidence at the trial.

(d) Failure to fully disclose in the pre-trial memorandum or the pre-trial conference the substance of the evidence as to liability, defenses, witnesses, exhibits, damages proposed to be offered at the trial, etc., may result in the exclusion of that evidence at the trial.

WARNINGCivil cases

Applies to

Continuance request

If the Custody Conciliation Officer denies a continuance request, the Officer must state the reasons on the written request.

If the Custody Conciliation Officer denies the request for a continuance for any reason, the Officer shall state the reasons for the denial on the written request.

WARNING

Applies to

Praecipe

The Court may, at or after a conference on the issues or in lieu thereof, direct that each counsel of record and any interested parties not represented by counsel shall file with the Clerk a praecipe listing Witnesses and the anticipated length of the Master's or Auditor's hearing.

The Court may, at or after a conference on the issues or in lieu thereof, direct that each counsel of record and any interested parties not represented by counsel shall file with the Clerk a praecipe listing Witnesses and the anticipated length of the Master's or Auditor's hearing.

WARNINGCivil cases

Applies to

Alimony pendente lite complaint

The contents of the Alimony Pendente Lite complaints should conform to the Rules for the contents of a Support Complaint and should also provide the date and docket number of the previously filed divorce action.

The contents of the Alimony Pendente Lite complaints should conform to the Rules for the contents of a Support Complaint and should also provide the date and docket number of the previously filed divorce action.

WARNINGCivil cases

Applies to

Points for charge

2) Require the parties to submit points for charge on or before a designated date.

2) Require the parties to submit points for charge on or before a designated date.

WARNINGCivil cases

Applies to

Certificate of completion

After successful program completion, the presenter must issue a certificate to the party and provide Court Administration with a certification for docketing in the record.

(5) Upon successful completion of the Program, the presenter shall issue a certificate of completion to the party and provide the Court Administration of Schuylkill County with a certification of completion which shall be docketed and made part of the record.

WARNING

Applies to

Individual bond

When interested parties are authorized to execute an individual bond, the Court may direct that the bond to be executed contains a warrant of attorney to confess judgment, with or without default, and that judgment thereon be entered of record in the office of the Prothonotary.

When interested parties are authorized to execute an individual bond, the Court may direct that the bond to be executed contains a warrant of attorney to confess judgment, with or without default, and that judgment thereon be entered of record in the office of the Prothonotary.

WARNINGCivil cases

Applies to

Informal brief

IF YOU ELECT NEITHER APPROACH, YOU MAY SUBMIT AN INFORMAL BRIEF AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE SCHEDULED CONFERENCE THAT SETS FORTH YOUR PROPOSAL REGARDING THE CUSTODIAL ISSUES REGARDING YOUR CHILD(REN).

IF YOU ELECT NEITHER APPROACH, YOU MAY SUBMIT AN INFORMAL BRIEF AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE SCHEDULED CONFERENCE THAT SETS FORTH YOUR PROPOSAL REGARDING THE CUSTODIAL ISSUES REGARDING YOUR CHILD(REN).

WARNINGCivil cases

Applies to

Petition requesting consent order

Must include

proposed order

If the parties reach agreement before the conciliation conference, they may request a consent order and include a proposed order.

If the parties are able to reach an agreement prior to the conciliation conference, they may file a petition requesting that a consent order be entered and include a proposed order.

WARNINGCivil cases

Applies to

Stipulation

If the parties reach agreement after the conciliation conference, they may file a stipulation signed by the parties and counsel.

If the parties are able to reach an agreement after the conciliation conference, they may file a stipulation signed by the parties and counsel.

WARNING

Applies to

Confidential document form

Attach only documents necessary for the purposes of the case.

Please only attach documents necessary for the purposes of this case.

WARNING

Applies to

Court filing

An active financial account number may be identified by its last four digits if the account is at issue in the case and cannot otherwise be identified.

Financial Account Numbers, except an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified.

WARNINGCivil cases

Applies to

Pre trial memorandum

A pre-trial memorandum must be filed in accordance with the rules, and failure to file it or promptly attend the conference may result in contempt and sanctions.

(f) Failure to file a pre-trial memorandum in accordance with these rules and/or failure to promptly attend the pre-trial conference may be deemed contempt of court and subject to such sanctions as the Court may impose.

WARNING

Applies to

Fiduciary bond

A qualifying corporate fiduciary need not file a bond unless the Court, for cause shown, deems one advisable.

(a) When the fiduciary is a corporation having fiduciary powers and authorized to do business in the Commonwealth, a bond will not be required unless the Court, upon cause shown, deems it advisable that a bond be filed.

WARNINGCivil cases

Applies to

Praecipe to transmit

If an answer to a disputed rule raises no issue of material fact, either party may request assignment by filing a praecipe to transmit.

(b) If the defendant files an answer to a disputed rule raising no issue of material fact, either party may request to have the matter assigned to the Court for entry of an appropriate order by filing a Praecipe to Transmit pursuant to Sch.R.C.P. 205.2(b).

INFO

Applies to

Confidential document form

The form need not be filed in cases sealed or exempted from public access under applicable authority, such as juvenile or adoption cases.

Please note, this form does not need to be filed in types of cases that are sealed or exempted from public access pursuant to applicable authority (e.g. juvenile, adoption, etc.)

INFOCivil cases

Applies to

Questionnaire

The parties may be required to complete a questionnaire.

The parties may be required to complete a questionnaire.

INFO

Applies to

Individual bond

The Court may allow interested parties to execute an individual bond without surety.

The Court in its discretion may permit interested parties to execute an individual bond, without surety.

INFOCivil cases

Applies to

Oral argument request

An interested party may request oral argument on a motion in writing.

Any interested party may make a written request for oral argument on a motion.

INFOCivil cases

Applies to

Notice of intervention

The specified governmental entities may intervene in an appeal by filing a Notice of Intervention with the Prothonotary.

The County of Schuylkill and the municipality and school district wherein the real estate is located may intervene as of course during pendency of the appeal by filing a Notice of Intervention with the Prothonotary.

INFOCivil cases

Applies to

Answer

An answer to a petition for modification or termination need not be filed.

No answer to such petitions need be filed.