Court of Common Pleas of Somerset County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Other Contacts8 contacts
- deckert@
somersetcountypa.gov - marisa.lehr@
pacourts.us - flowerc@
somersetcountypa.gov - languageaccesscoordinator@
somersetcountypa.gov - 814-445-1473
- 717-231-3300
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Document Format Requirements4 rules
WRITE CLEARLY AND IN INK:
Formatting
- •Write clearly and in ink
(b) Any digital exhibit that cannot be printed (ie. audio or video recording) shall be entered into the records on a USB drive (or other digital format if expressly approved by the Court).
A photographed non-documentary exhibit must be converted to a letter-sized document and appropriately marked.
- Paper size
- Letter
- Non-documentary exhibit
Court's wording
(1) Any non-documentary exhibits shall be photographed by the proponent, converted to a letter sized document, and appropriately marked and produced during the court proceeding for inclusion in the documentary record.
No Notary Required
Formatting
- •No notary is required
Document Filing Requirements47 rules
Must be Completed by Court Staff Interpreter Name/Agency Used: __________________________________________ Interpreter Service Mode: In Person Video Remote Telephone
All applications for an accommodation must include a description of the disability for which the accommodation is sought, along with a statement of the specific accommodation being requested.
Any person seeking a reasonable accommodation must submit a completed ADA Request for Reasonable Accommodation Form with the court or entity from whom they are seeking the accommodation.
Anyone seeking an ADA accommodation must complete and submit the specified request form.
Court's wording
All individuals seeking an accommodation under the ADA must complete and submit the form titled “Americans with Disabilities Act Accommodation (ADA) Title II Request for Reasonable Accommodation Form”.
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.
Pursuant to Pa.R.J.A. 4007(A), this form must be completed by any person requesting a transcript for any court proceeding.
Defendants seeking ARD for a DUI or drug-related offense must complete a CRN evaluation before appearing before a judge.
Court's wording
IMPORTANT: If you want to be accepted into the ARD Program, the law states that you must undergo a Court Reporting Network evaluation (CRN) for any DUI/Drug related offense and that it must be completed by the time you appear before a judge at the Courthouse in Somerset, PA.
This application must be returned to the District Attorney's Office when completed.
Defendants must answer the application questions truthfully and fully and return them to the Somerset County District Attorney's Office.
Court's wording
The following questions are to be answered truthfully and fully then returned to the office of the District Attorney Of Somerset County to enable the District Attorney to determine your eligibility for consideration for the Accelerated Rehabilitative Disposition (ARD) Program.
The ARD eligibility application includes the defendant’s verification that its factual statements are true and correct, subject to the stated penalties.
Court's wording
I verify that the statements of fact made in the foregoing Application for Eligibility for Admission to the Accelerated Rehabilitative Disposition (ARD) Program are true and correct upon my personal knowledge. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. Date: _____ _____ Signature of Defendant _____ Printed Name of Defendant
(1) Any non-documentary exhibits shall be photographed by the proponent, converted to a letter sized document, and appropriately marked and produced during the court proceeding for inclusion in the documentary record.
However, if a proceeding is transcribed automatically and there are exhibits introduced in that proceeding, then those exhibits shall be attached to and filed with the transcript of the proceeding and not filed separately.
An exhibit containing confidential information must include a Confidential Document Form provided by its proponent.
Court's wording
(c) Any exhibit containing confidential information or the equivalent to any of the categories enumerated in PA. Access Policy § 8.0 shall include a Confidential Document Form provided by the proponent so that the document can be properly sealed by the record office.
If you do not complete this form and turn it into the Register of Wills Office, our Orphans’ Courts, an attorney WILL NOT be assigned to you.
Parents may apply together only if they are married, live in the same household, and have no relevant conflict; otherwise, they must submit separate applications and receive separate attorneys.
Court's wording
IN YOU AND THE OTHER PARENT WISH TO APPLY FOR AN ATTORNEY TOGETHER, YOU MAY DO SO ONLY IF YOU ARE (1) MARRIED, (2) LIVE IN THE SAME HOUSEHOLD, AND (3) DO NOT HAVE ANY CONFLICT BETWEEN YOU RELEVANT TO THIS CASE. IF ALL THREE GUIDELINES ARE NOT MET, YOU AND THE OTHER PARENT MUST COMPLETE SEPARATE APPLICATIONS AND WILL RECEIVE SEPARATE ATTORNEYS.
VERIFYING OFFICIAL SHALL MAINTAIN A COPY IN THE COURT’S CASE FILE AND PROVIDE THE ORIGINAL TO THE SERVICE PROVIDER FOR SUBMISSION WITH BILLING.
NOTE: List below those informations or indictments & offenses for which you have not completed your sentence.
A petitioner filing more than one year after final judgment must allege and prove that a listed exception applies.
Court's wording
I AM ELIGIBLE FOR RELIEF BECAUSE, ALTHOUGH THIS PCRA PETITION IS BEING FILED MORE THAN ONE YEAR AFTER THE DATE OF FINAL JUDGMENT, I HEREBY ALLEGE AND CAN PROVE THAT THE FOLLOWING EXCEPTION HAS BEEN MET:
(A) I know the following facts to be true of my own personal knowledge:
(C) In the event my appeal is allowed as requested under #4, the following are the matters which I intend to assert on that appeal (Specify the matters to be asserted if appeal is allowed)
State the supporting facts clearly and fully, without including argument, citations, or discussions of authorities.
Court's wording
6. THE FACTS IN SUPPORT OF THE ALLEGED ERROR(S) UPON WHICH THIS MOTION IS BASED ARE AS FOLLOWS: (State facts clearly and fully; argument, citations, or discussions of authorities shall not be included.)
(B) The following facts were made known to me by means other than my own personal knowledge (Explain how and by whom you are informed):
The motion form calls for identifying supporting affidavits, records, and other evidence by exhibit number, or explaining why none are attached.
Court's wording
(A) In support of this motion I have attached as exhibits: Affidavits [Exhibit(s) No. _____ ] Records [Exhibit(s) No. _____ ] Other Supporting Evidence [Exhibit(s) No. _____ ] (B) I have not attached any affidavits, records or other supporting evidence because
If there were previous Pennsylvania proceedings, the motion form calls for their type, courts, filing dates, term and number, and result.
Court's wording
(B) Previous proceedings in the courts of the Commonwealth of Pennsylvania YES NO (IF "YES," name the type of proceedings (such as habeas corpus, etc.) – including former proceedings under the Post Conviction Hearing Act the Court(s) in which petition(s) was/were filed, date, term and number, and result.)
(D) Other legal proceedings YES (IF "YES," complete details-type of action, court in which filed, date, term and number, and result, including all appeals.)
(C) Habeas Corpus or other previous in Federal Courts YES NO (IF "YES," name the district in which petition(s) was/were filed, date(s), Court Number- civil action or miscellaneous, and result, including all appeals.)
(A) Direct Appeal (IF "YES," name the court(s) which appeal(s) as/were taken, date, term and number, and result.) YES NO
The motion form calls for stating that the issues were not previously litigated or identifying an applicable waiver-related ground, and stating that the failure to litigate earlier was not a rational, strategic, or tactical decision by counsel.
Court's wording
11. THE ISSUES WHICH I HAVE RAISED IN THIS MOTION HAVE NOT BEEN PREVIOUSLY LITIGATED OR ONE OF THE FOLLOWING APPLIES: - (I) The allegation of error has not been waived. - (II) If the allegation of error has been waived, the alleged error has resulted in the conviction or affirmation of sentence of an innocent individual. The failure to litigate this issue(s) prior to or during trial or on direct appeal could not have been the result of any rational, strategic, or tactical decision by counsel.
12. BECAUSE OF THE FOREGOING REASONS, THE RELIEF WHICH I DESIRE IS: - (A) Release from custody and discharge - (B) A new trial - (C) Correction of Sentence - (D) Other Relief (Specify):
9. FOLLOWING MY ARREST, I WAS REPRESENTED BY THE FOLLOWING LAWYER(S): (Give the lawyer's name and the proceeding at which he/she represented you.)
10. I PREVIOUSLY CHALLENGED MY CONVICTION IN THE FOLLOWING COURTS: | Court | Caption | Term Number | Attorney | Relief Requested | | --- | --- | --- | --- | --- |
The unsworn declaration contains the defendant’s certification that the motion’s facts are true and that false statements are subject to the stated penalties.
Court's wording
I, _____, do hereby certify that the facts set forth in the above motion are true and correct To the best of my personal knowledge or information and belief, and that any false statements herein are made sub- ject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. § 4904), relating to unsworn falsification to Authorities.
The court, in its discretion, may require the applicant to provide additional information about the qualifying disability to identify what accommodation might be reasonably provided.
If you make your request by e-mail, please put “ADA Accommodation Request” in the subject line.
For a pending county-court case or a county-court service or program, submit the request to the county court ADA Coordinator or judge, as appropriate to the accommodation.
Court's wording
If a person is seeking an accommodation for a pending case in this county court or for a service or program provided or ordered by a county court, then the request for accommodation is submitted to the county court ADA Coordinator or judge, depending on the nature of the requested accommodation.*
Please check the box that most closely describes your status in this matter: Litigant Plaintiff Defendant Parent Child Witness Attorney Victim Juror Other (please explain)
I hereby verify that the services were performed by the provider in the above-captioned action on the date and time stated.
I hereby certify that an Americans with Disabilities Act accommodation is required in the above-captioned action on the date stated.
Must be Completed by Court Staff
How can we contact you for more information (Please provide at least one)
Please complete every answer to the best of your ability.
Case/proceeding type: (Select criminal or civil and check all that apply):
Language (Select foreign or sign language and provide all requested information):
To request a reasonable accommodation, please complete the ADA Somerset County Reasonable Accommodation Form and return it to:
Case type and proceeding (Select Domestic Relations or Juvenile and check all that apply):
Please provide additional information about the communication preferences of the limited English speaker.
Language (Select foreign or sign language and provide all requested information):
Filing & Service rules
Filing Timing and Cure Windows
When multiple custodians are involved, the custodian at the proceeding’s conclusion must file all submitted exhibits and the index within five business days after the proceeding concludes.
The custodian at the conclusion of the proceeding shall file with the appropriate records office all submitted exhibits and index of exhibits within five (5) business days of the conclusion of the proceeding.
Page 2 | Rule 5102. General Provisions
A sole custodian must file all submitted exhibits and the index with the appropriate records office within five business days after the proceeding concludes.
(a) If only one custodian is involved with a proceeding, he or she shall file with the appropriate records office all submitted exhibits and index of exhibits within five (5) business days of the conclusion of the proceeding.
Page 2 | Rule 5102. General Provisions
An excuse application must be received at least ten days before the session begins.
Said excuse application must be received ten (10) days prior to date of the session beginning.
Court notice
Page 1 | JURY INFORMATION
A complaint should be submitted as soon as possible and no later than 60 calendar days after the alleged violation.
The complaint should be submitted as soon as possible but no later than sixty (60) calendar days after the alleged violation.
Page 1 | To file a complaint under the Grievance Procedure please take the following steps:
If the response does not satisfactorily resolve the issue, the complainant may appeal to the President Judge or designee within 15 calendar days after receiving the response.
If the response to the complaint does not satisfactorily resolve the issue, the complainant may appeal the decision within fifteen (15) calendar days after receipt of the response to the President Judge or his/her designee.
Page 2 | To file a complaint under the Grievance Procedure please take the following steps:
Make accommodation requests as far in advance as possible and follow the court’s ADA Policy.
Requests for accommodation should be made as far in advance as possible and in accordance with this court’s ADA Policy.
Page 1 | When should the request be made?
The ADA Coordinator will investigate the complaint, including meeting with the complainant, within 15 calendar days of receiving it.
Within fifteen (15) calendar days of receipt of the complaint, Tammy Escalera, the ADA Coordinator will investigate the complaint, including, meeting with the individual seeking an accommodation, either in person or via telephone, to discuss the complaint and the possible resolutions.
Page 1 | To file a complaint under the Grievance Procedure please take the following steps:
The ADA Coordinator or designee will respond in writing within 15 calendar days after the meeting and, where appropriate, in an accessible format.
Within fifteen (15) calendar days of the meeting, Tammy Escalera, the ADA Coordinator or his designated individual will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio.
Page 1 | To file a complaint under the Grievance Procedure please take the following steps:
The President Judge or designee will meet with the complainant within 15 calendar days after receiving the appeal.
Within fifteen (15) calendar days after receipt of the appeal, the President Judge or his/her designee will meet with the complainant to discuss the complaint and possible resolutions.
Page 2 | To file a complaint under the Grievance Procedure please take the following steps:
The President Judge or designee will provide a written final resolution within 15 calendar days after the meeting and, where appropriate, in an accessible format.
Within fifteen (15) calendar days after the meeting, the President Judge or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
Page 2 | To file a complaint under the Grievance Procedure please take the following steps:
Service and Proof of Service Rules
Copies of the transcript request must be served as required by Pa.R.J.A. 4007(B).
Copies of this request must be served in accordance with Pa.R.J.A. 4007(B).
Page 1 | Request for Transcript or Copy
The clerk is directed to serve the motion and order on the county District Attorney forthwith.
The Clerk of Court is ordered and directed to do the following forthwith: - (a) To serve a copy of his motion and this order upon the District Attorney of _____ County.
Page 10 | ORDER
The clerk is directed to send the order to the defendant.
- (c) To send a copy of this order to the defendant.
Page 10 | ORDER
The clerk is directed to send the motion and order to the defendant’s lawyer.
- (b) To send a copy of this motion and this order to _____ Esq., the lawyer for the defendant.
Page 10 | ORDER
A judge or applicable court rule may require notice of a judge-decided accommodation request to the other parties.
If your request is for the type of accommodation that only a judge or quasi-judicial officer can grant or deny, please be aware the judge or applicable court rule may require that your request be brought to the attention of the other parties to the proceeding.
Page 2 | What accommodations can the ADA Coordinator make?
The verifying official must retain a copy in the court case file and provide the original to the service provider for billing.
Verifying official shall maintain a copy in the court’s case file and provide the original to the service provider for submission with billing.
Page 1 | Court Official Verification – Section C
Civil summons must be sent one month before each session begins.
Civil summons must be sent one (1) month prior to the beginning of each session.
Court notice
Page 1 | JURY INFORMATION
Filing Fees and Waivers
The first requestor must pay for the original transcript and, if desired, a personal copy, subject to possible cost sharing with additional parties.
The first requestor of a transcript is obligated to pay for the original transcript, which is filed with the court, plus the copy rate if the requestor desires a personal copy (subject to any cost sharing with additional parties).
Page 2 | IV. Transcript Delivery and Cost
Costs charged to the requestor may not exceed the rates prescribed by Pa.R.J.A. 4008(A)(1) and (D)(1).
Costs payable by requestor shall not exceed the rates prescribed in Pa.R.J.A. 4008(A)(1) and (D)(1).
Page 2 | IV. Transcript Delivery and Cost
Reduced transcript rates are available to requestors who qualify when the cost presents an economic hardship.
If the cost of the transcript presents an economic hardship, there are reduced rates available to those who qualify. See Pa.R.J.A. 4007(E).
Page 1 | Request for Transcript or Copy
A deposit may be required in an amount determined by local rule.
A deposit determined by local rule may be required.
Page 1 | Request for Transcript or Copy
Extra charges may apply for complex litigation or a real-time feed if those options are offered.
Other (if offered, extra charges may apply): Complex Litigation Real Time Feed
Page 2 | IV. Transcript Delivery and Cost
Hard-copy delivery adds $0.25 per page to the applicable page rates; electronic PDF delivery is also an option.
Manner of Delivery: Electronic (PDF) Format Hard copy (add $0.25 per page to page rates)
Page 2 | IV. Transcript Delivery and Cost
A requestor copy costs $0.50 per page for ordinary delivery, $0.75 for expedited, $1.00 for daily, and $1.25 for same-day delivery.
Copy for Requestor: Yes No +$0.50 +$0.75 +$1.00 +$1.25 (cost per page)
Page 2 | IV. Transcript Delivery and Cost
Original transcript costs are $2.50 per page for ordinary delivery, $3.50 for expedited, $4.50 for daily, and $6.50 for same-day delivery.
Original Transcript: +$2.50 +$3.50 +$4.50 +$6.50 (cost per page)
Page 2 | IV. Transcript Delivery and Cost
Filing Bundling Requirements
A party may submit multiple digital exhibits together on one USB drive.
If one party has multiple digital exhibits, they may be submitted together on one USB drive.
Page 2 | Rule 5103. Custody of Exhibits – Special Provisions
Adjournment & Extension Requirements
An accommodation request involving an extension of time must comply with the applicable court rule when filed.
Accommodation requests that implicate a rule of court – for example, an extension of time – must comply with the applicable rule when being filed.
Page 2 | What accommodations can the ADA Coordinator make?
Chambers Communication Rules
After completing the form, send it to Christina Flower at the Somerset County Courthouse using the listed contact information.
AFTER COMPLETING THE FORM, PLEASE SEND TO: Christina Flower Somerset County Courthouse, 111 E. Union Street Suite 200, Somerset, PA 15501, phone: 814-445-1473 fax: 814-445-1455, flowerc@somersetcountypa.gov
Page 1 | Client Information – Section A
After completing the form, send it to the Somerset County ADA Coordinator using the provided contact information.
After completing the form, please send to: TERRY DECKER, SOMERSET County ADA COORDINATOR 111 East Union St. Somerset, Pa 15501 814-445-1473; Fax 814-445-1455 EMAIL deckert@somersetcountypa.gov
Page 1 | Proceeding Information (if known)
Notify Court Administration if you no longer need an interpreter.
Important: It is your responsibility to notify Court Administration if you no longer need an interpreter.
Court notice
Page 2 | How do you request a court interpreter?
To schedule a CRN evaluation, defendants must call an approved facility immediately during regular business hours.
To schedule a CRN evaluation, immediately call an approved facility during regular business hours.
Criminal cases
Page 1 | IMPORTANT INFORMATION FOR DEFENDANTS REQUESTING ADMISSION INTO THE ARD PROGRAM
Contact First Deputy Beth Johnson by phone or email regarding the accommodation request.
Contact the First Deputy, Beth Johnson at 814-445-1473, or by email at deckert@somersetcountypa.gov.
Page 1 | Who do I submit my request to?
Contact the ADA Coordinator for help completing the accommodation form.
If you need assistance completing this form, contact the ADA Coordinator.
Page 1 | AMERICANS WITH DISABILITIES ACT (TITLE II) POLICY
To request an interpreter at the courthouse, pick up an “I Speak” card, say your language, or point to it on a poster; a court employee will arrange phone interpretation.
To ask for the assistance of an interpreter, you can either pick up an "I Speak" card in your language, say the name of your language or point to your language on one of the posters. A court employee will arrange for an interpreter to assist you by phone.
Court notice
Page 2 | Do you need an interpreter to communicate with court staff outside the courtroom?
Contact the language access coordinator promptly and provide your hearing or proceeding details and the language you speak.
Contact your language access coordinator as soon as possible regarding the date, time and location of your hearing or proceeding, as well as the language you speak.
Court notice
Page 2 | How do you request a court interpreter?
A language-services complaint may be directed to the Coordinator for Court Access using the listed phone, fax, or email contact information.
Contact the Coordinator for Court Access at the Administrative Office of Pennsylvania Courts (AOPC). Marisa Lehr, Esq. P.O. Box 61260 Harrisburg, PA 17106-1260 phone: 717-231-3300, fax: 717-231-3327 marisa.lehr@pacourts.us
Page 2 | How Can I Make a Complaint?
Defendants with questions about approved CRN evaluation facilities should contact Adult Probation at 814-445-1600.
Please contact Adult Probation at 814-445-1600 if you have any questions regarding approved facilities.
Criminal cases
Page 1 | IMPORTANT INFORMATION FOR DEFENDANTS REQUESTING ADMISSION INTO THE ARD PROGRAM
If you require a reasonable accommodation to complete this form, or need this form in an alternate format, please contact; Terry Decker, ADA Coordinator 111 East Union Street Suite 200, Somerset, Pa. 15501 814-445-1473, Fax 814-445-1455 deckert@somersetcountypa.gov
If you require a reasonable accommodation to complete this form, or need this form in an alternate format, please contact; Terry Decker, ADA Coordinator 111 East Union Street Suite 200, Somerset, Pa. 15501 814-445-1473, Fax 814-445-1455 deckert@somersetcountypa.gov
Page 1 | Americans with Disabilities Act (Title II) Grievance Procedure
The district’s language access coordinator can be reached by email.
The judicial district has appointed a language access coordinator who can be reached at languageaccesscoordinator@somersetcountypa.gov
Page 1 | Section I. Introduction and Purpose