Court of Common Pleas of Sullivan County, Pennsylvania
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The chairman has discretion over continuances, which must be set for a definite date and time no more than 30 days after the original date; notice must be given to the parties or their attorneys at least five days beforehand by ordinary mail or telephone.
Document Format Requirements18 rules
All petitions to modify a support order shall be made on a form prescribed and approved by the court.
The statement of proposed distribution shall accompany, but be bound separately from the account to which it pertains and shall be filed in the same office as the account.
All objections to an account and/or statement of proposed distribution shall be in writing.
Exceptions shall be in writing, filed in the Office of the Clerk, with a copy thereof simultaneously submitted to the court, on or before seven (7) days after the date of confirmation of the account statement of proposed distribution.
- Exceptions
Formatting
- •Exceptions shall be in writing
Accounts shall be in such form as shall be prescribed from time to time, by the Supreme Court of Pennsylvania.
The copy provided for a documentary exhibit larger than 8.5 x 11 inches must be reduced to 8.5 x 11 inches.
- Paper size
- Letter
- Exhibits
Court's wording
If a party offers into evidence documentary exhibits larger than 8.5 x 11 inches, the party shall provide the Court, at the time of trial, with a copy of the document reduced to 8.5 x 11 inches, which copy shall be marked and filed of record.
The photograph of a non-documentary exhibit entered into the record must be no larger than 8-1/2 by 11 inches.
Court's wording
If a proponent offers into evidence a non-documentary exhibit, the proponent shall ensure that a photograph (no larger in size than 8-1/2 x 11 inches) of the exhibit is entered into the record in lieu of the non-documentary exhibit.
A proponent who provides a photograph of a non-documentary exhibit shall ensure that the photograph is clear and capable of further reproduction or transfer to digital media.
A copy of an oversized documentary exhibit entered into the record must be reduced to 8-1/2 by 11 inches or smaller.
Court's wording
If a proponent offers into evidence an exhibit such as a letter, report, drawing, map, photograph, or other document that is larger in size than 8-1/2 x 11 inches, the proponent shall ensure that a copy of the document reduced to 8-1/2 x 11 inches (or smaller) is entered into the record.
A copy of a photograph entered into the record in lieu of the original must be no larger than 8-1/2 by 11 inches.
Court's wording
If a proponent offers into evidence a photograph, the proponent shall ensure that the original or a copy of the photograph in lieu of the original (no larger in size than 8-1/2 x 11 inches) is entered into the record.
A proponent who provides a reduced copy of an oversized exhibit shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.
A proponent who provides a copy of a photograph shall ensure that the reproduced document is clear and capable of further reproduction or transfer to digital media.
All documentary exhibits must be capable of clear reproduction.
When documents or photographs are reduced and copied, their quality must not be compromised.
Court's wording
When documents and photographs are reduced in size and copied to comply with subdivisions (a)-(b) of this rule, the proponent must ensure that the quality of the document or photograph is not compromised.
A proponent shall ensure that any exhibit in a digital format, that is entered into the record, is in a format acceptable to the court.
A proponent offering an audio, visual, or computer file must ensure the court can access it during the proceeding.
Court's wording
As set forth in subdivision (e), a proponent offering an audio, visual, or computer file into evidence is solely responsible for ensuring the court has the means to access it during a court proceeding.
The forms must be printed in ink or typewritten.
The sender’s receipt and green card should be stapled to the Certificate of Service.
Document Filing Requirements72 rules
Said notice shall be accompanied by a pre-trial memorandum from to be completed by all conferences and submitted to the court at the conference.
The praecipe must include the repairman's affidavit, which must itemize repair charges and state the repair person's qualifications, necessity of repairs, and that the prices were fair and customary.
Court's wording
(2) The praecipe shall be accompanied by an affidavit of the repairman; the affidavit of the repairman shall contain an itemized repair bill setting forth the charges for labor and material used in the repair of the property; it shall also state the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the
(1) The Prothonotary on praecipe of the plaintiff, waiving any other damages under said judgment, and the filing of the affidavits, provided by subdivisions (2) and (3) hereof shall assess damages for the cost of the repairs.
An appeal from a civil judgment of a magisterial district judge must include stamped, pre-addressed envelopes for the appellee, the appellee's attorney if any, and the district justice.
Court's wording
(a) The Prothonotary shall not accept an appeal from the civil judgment of a magisterial district judge unless the same is accompanied by stamped, pre- addressed envelopes addressed to: (1) The appellee at his or her address listed on the complaint filed in the office of the magisterial district judge. (2) The attorney of record for the appellee, if any. (3) The district justice in whose office the judgment was rendered.
The assessment notice must state the intended assessment date and explain that damages will be assessed for the repair bill unless the defendant timely requests a trial by written praecipe.
Court's wording
(3) The plaintiff shall send a copy of the affidavit and repair bill to the defendant by ordinary mail directed to his last known address, together with a notice setting forth the date of the intended assessment of damages, which shall not be less than ten (10) days from the mailing of the notice and a statement that damages will be assessed in the amount of the repair bill unless prior to the date of assessment the defendant by written praecipe files with the Prothonotary a request for trial on the issue of such damages; an affidavit of mailing of notice shall be filed.
Notices to defendant under the specified Pennsylvania rule must name the prothonotary and address for the applicable county branch.
Court's wording
(a) The agency to be named in notices to defendant filed pursuant to Rule 1018.1(1), and in the context of Rule 1018.1(b) of the Pennsylvania Rules of Civil Procedure shall be: Wyoming County Branch: Prothonotary of Wyoming County Wyoming County Courthouse Tunkhannock, PA 18657 Sullivan County Branch: Prothonotary of Sullivan County Sullivan County Courthouse Laporte, PA 18626
An attorney may withdraw with the party’s written approval and service address, or with the party’s consent if another attorney appears at the same time.
Court's wording
(b) An attorney may withdraw his appearance for a party (i), if such withdrawal is accompanied by a written approval of the party and an address of the party where subsequent pleadings may be served, or (ii), if such withdrawal is consented to by the party and another attorney enters his appearance for the party at the same time.
(c) In all other cases, court approval is necessary for withdrawal of an appearance, which shall be by petition for a rule on the withdrawing attorney’s client.
The notice shall be substantially the form set forth in Pennsylvania Rule of Civil Procedure 430(b)(1).
proof thereof attached to the praecipe for final judgment.
Cases subject to arbitration shall be listed therefore on praecipe of either counsel.
All orders issued by Magisterial District Judges under the Protection from Abuse Act shall indicate that a hearing on the petition is scheduled before the Court of Common Pleas at a specified date and time which shall be the next business day of the Court of Common Pleas at 8:00 o’clock a.m.
The defendant must submit a recent federal income tax return, six months of pay stubs, and the completed income and expense statement form for the support conference.
Court's wording
On a date to be specified by the Domestic Relations Office, but not later than five (5) working days preceding scheduled support conferences, the defendant shall submit to the Domestic Relations Office a copy of the following: a. a true copy of his or here most recent Federal Income Tax Return as filed; and b. his or her pay stubs for the preceding six months; and c. a completed income and expense statement on the forms he or she received from the Domestic Relations Office.
Any agreement reached at the conference for support at the initiating court’s suggested amount must be signed by the respondent or defendant and submitted to the court.
Court's wording
(c) At conference, following procedures as provided by Pennsylvania Rule of Civil Procedure No. 1910.11, if any agreement is obtained for support at the amount suggested by the initiating court, an agreement shall be signed by the respondent or defendant which shall be submitted to the court.
A divorce hearing notice must substantially follow the form provided in the rule.
Court's wording
The notice of hearing shall be in substantially the following form: (Caption) TO (Name of defendant or counsel of record): You are hereby notified that a hearing in the above- captioned Action in Divorce will be held by the above-named court in the courthouse at _____________ Pennsylvania, on the ___________, 20__, at __________ o’clock, at which time you may appear with witnesses. If you do not appear the hearing will proceed in your absence.
A copy of any complaint seeking legal, physical, or partial physical custody shall be delivered upon the Court Administrator by the party or attorney filing same.
For covered divorce proceedings involving a child under 18, a decree cannot be entered unless the Court Administrator files the parties’ program-completion certification, except as otherwise permitted by court order.
Court's wording
Unless otherwise permitted by order of court, no Decree in Divorce shall be entered in any divorce proceeding commenced after January 15, 1998 wherein the parties are the parents of a child or children who are under the age of 18 years on the date of filing of the complaint, unless the Court Administrator shall have filed with the Prothonotary a certification of the parties’ completion of the “Children Coping with Divorce and Family Conflict” program, “Kids First” program, or other similar program approved by the court.
To get an Order concerning custody or visitation, you must complete the forms in this packet.
You must give approximate dates and addresses of the past residences of the children.
The required forms must be completed entirely, with no blanks and with every question answered and all information provided.
Court's wording
Complete these forms entirely. Do not leave any blank spaces. The Complaint and Affidavit are in the forms required by the courts. Some questions and facts are repeated. Nonetheless, all information must be given and all questions must be answered.
You must fill in the name of the Plaintiff and the Defendant, and the County where the court is located.
Complete one form for each adult (including yourself) living with you and attach the Verification to your Complaint for Custody. “Adult” refers to anyone eighteen (18) years of age or older.
The original and one copy of the Complaint for Custody must be filed in the Prothonotary’s Office. The copy will be sent to the Court Administrator by the Prothonotary.
(b) After service is made, complete form #5 – Certificate of Service. (c) The completed Certificate of Service form must be filed with the Prothonotary.
Criminal Record/Abuse History Verification for Plaintiff and all adults living in Plaintiff’s household are attached as exhibit “A”.
Defendant is hereby notified to provide the Court with a Criminal Record/Abuse History Verification for all adults residing with Defendant.
I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
(c) The goals and objectives for each dependency case shall be presented to the court at the dispositional hearing.
No counsel may withdraw representation of a defendant without prior court approval, application for which shall be by petition with appropriate notice to the defendant of the date, time and place set for any hearing thereon.
Unless allowed at trial, covered omnibus pre-trial motions and motions to suppress must include the moving party’s brief or memorandum of law.
Court's wording
All omnibus pre-trial motions for relief under Pennsylvania Rules of Criminal Procedure 306 or motions to suppress evidence under Pennsylvania Rule of Criminal Procedure 323, unless allowed at trial, must be accompanied by a brief or a memorandum of law by the moving party, a copy of which shall be simultaneously furnished the District Attorney.
Each motion on the basis of errors appearing on the face of the record shall set forth the specific errors alleged.
In all written motions, the moving party shall state whether a partial or full transcript of the testimony at trial is required and set forth the reasons therefore.
If errors are alleged which were not raised in pre-trial proceedings, or at trial, the motion shall state the grounds why they should be allowed to serve as the basis for post-trial motions.
Witnesses claiming witness fees or mileage, or both, for court attendance shall file with Clerk of Courts a bill containing the following certification: (1) the dates of attendance; (2) the number of miles to and from the witness’s place of residence and the courthouse;
A search warrant application must be approved by an attorney for the Commonwealth before filing.
Court's wording
(a) The District Attorneys of Wyoming County and Sullivan County having filed a certification pursuant to Pa.R.Crims. P. 2002A, search warrants, in al circumstances, shall not hereafter be issued by any judicial officer unless the search warrant application has the approval of an attorney for the Commonwealth prior to filing.
(3) In all other cases, court approval is necessary for withdrawal of an appearance, which shall be by petition for a rule on the withdrawing attorney’s client.
Where an individual surety is used on a bond, a justification of the surety shall be filed with the court, the Clerk of Courts or the Register, as the case may be, in the following form before the bond is approved:
Notices of the filing of an account or proposed distribution must comply with the Orphans’ Court Rules, include a copy of the proposed distribution statement when it is required to be filed, and use the specified form.
Court's wording
All notices of the filing of any account and/or statement of proposed distribution shall be made in accordance with the Orphans’ Court Rules of the Supreme Court and shall be accompanied by a copy of the statement of proposed distribution, if required to be filed, and in the following form: “Notice is hereby given that an account of ( Name of Accountant ), ( Title of Accountant ) of the Estate of __________________, ( Nature of Estate ), has been filed in the Office of ( Clerk of the Orphans’ Court ) of ______________ County, Pennsylvania, accompanied by a Statement of Proposed Distribution, a copy of which is enclosed.
An application of the court to dispense with the appointment of a trustee or guardian ad litem under Section 3504 of the PEF Code shall be made by an addendum to the account containing the reasons for such application.
An application to the court to appoint a guardian to trustee ad litem under Section 3504 of the PEF Code shall be made by separate petition filed and presented before the filing of an account.
(If no statement of proposed distribution is filed, the notice shall contain a brief statement of the reasons.)
The statement of proposed distribution must identify each distributee, the amount and applicable fractional share awarded, and the reasons for the proposed distribution.
Court's wording
The statement of proposed distribution shall contain the names of the distributes to whom it is proposed to award the balance for distribution, as disclosed by the account, the dollar amount and fractional share, if applicable, awarded to each, and a brief statement of the reasons therefore.
The statement of a personal representative (or the account if no statement is filed) must include an inheritance and additional estate tax explanation, including the fact of payment, accompanied by copies of receipts, and a reference to any dispute or adverse claim of the Department of Revenue.
If an accountant, for any reason, is unable to file a statement of proposed distribution, an explanation of the reasons therefore shall accompany the account.
If distribution of real property is proposed, a legal description, together with record reference, must accompany the statement.
If distribution in kind is proposed, consents of the distributions must accompany the statement.
Where the proposed distribution depends in any manner on a will or other instrument, a plain copy thereof must be attached to the statement.
For a disputed or fairly disputable proposed distribution, the accountant must explain the dispute or questions and state the position supporting the distribution.
Court's wording
If the proposed distribution is the subject of a dispute, or if it involves any fairly disputable questions known to or reasonable ascertainable by the accountant, the accountant shall include in the statement, an explanation of the dispute or fairly disputable questions, together with a statement of the position taken by the accountant to justify the proposed distribution.
An appropriate affidavit documenting otherwise-required reports, notices, or filings must be attached to the statement of proposed distribution, or to the account if no statement is filed.
Court's wording
Proofs of any additional reports, notices, or filings as required by the Orphans’ Court Rules of the Supreme Court or the PEF Code, other than specifically mentioned in these rules, shall be the subject of an appropriate affidavit attached to the statement of proposed distribution (or the account if no statement is filed).
A small-estate petition must allege facts establishing a prima facie right of settlement under Section 3102 and include the listed petitioner, decedent, letters, and interested-person information.
Court's wording
The petition shall set forth facts establishing a prima facie right of settlement under Section 3102 including inter alia, the following: 1. the name and address of the petitioner, his family relationship to the decedent, in any, and if none, the capacity in which he brings the petition. 2. the name, date and place of death of the decedent and his domicile. 3. If letters, either testamentary or of administration, were granted, detailed statement as to status thereof. 4. The names, relationships and a brief description of the interest of all persons entitled to share in the
Procedure shall be by petition presented to the court.
An itemized list of the real and personal property of the decedent and the fair value of each item thereof as of the date of the decedent’s death as determined by the petitioner, or in lieu thereof, a copy of the inventory and appraisement if previously filed, and a statement of the net proceeds of each item converted into cash.
Filing & Service rules
Electronic Filing Rules
Motions, petitions, and similar pleadings must be mailed to the Prothonotary for filing with one copy for the Court.
All motions, petitions or similar pleadings shall be mailed to the Prothonotary for filing, including one copy for the Court.
Page 6 | RULE 4. MOTIONS COURT
File the papers by handing them to the Clerk.
To file, you need to hand the Clerk the papers. They will do the rest.
Page 22 | C. FILING
Automated Unified Judicial System systems must not be used to submit or store exhibits required by the chapter.
The automated systems of the Unified Judicial System (e.g., Common Pleas Case Management System, Pennsylvania Appellate Case Court Management System, and PACFile) shall not be used for submitting or storing exhibits as required by this chapter.
Page 8 | Rule 5104. Prohibition.
Parties must electronically file covered legal papers through PacFile, except for the listed categories.
A. The electronic filing of motions and other legal papers in the 44th Judicial District Court of Common Pleas- Criminal Division is authorized as specifically provided in this rule. Parties shall electronically file documents using the PacFile electronic filing system developed by the Administrative Office of the Pennsylvania Courts. The application of general rules of court and court policies that implement the rules, shall continue to apply to all filings regardless of the method of filing. B. Legal Papers Defined. The “legal papers” which shall be filed electronically shall encompass all written motions, written answers and any notices or documents for which filing is required or permitted, including orders, exhibits and attachments, except the following: - 1. Applications for a search warrant; - 2. Applications for an arrest warrant; - 3. Legal papers filed or authorized to be filed under seal; - 4. Grand jury materials; and - 5. Submission filed by ex parte as authorized by law.
Page 2 | A-B
Attorneys must establish a PacFile account through the Unified Judicial System of Pennsylvania Web Portal.
All attorneys shall establish a PacFile account using the Unified Judicial System of Pennsylvania Web Portal.
Page 2 | D. PacFile Account Requirements for Attorneys and Self-Represented Parties
The court permits motions and petitions to be submitted by mail.
The court will accept motions or petitions by mail.
Page 6 | RULE 4. MOTIONS COURT
Self-represented parties need not use PacFile and may file and serve legal papers in physical paper format.
Self-represented parties are not required to establish a PacFile account and are not required to file legal papers using the electronic PacFile system. Self-represented parties are permitted to file and serve legal papers in a physical paper format.
Page 2 | D. PacFile Account Requirements for Attorneys and Self-Represented Parties
Filing Timing and Cure Windows
When briefs are required, the moving party must file and deliver its brief no later than 10 days before the hearing or argument.
Where briefs have been so required, the moving party or counsel shall file the brief with the Prothonotary of this court and deliver his brief to opposing counsel, the court, and unrepresented parties, no later than ten (10) days prior to the date set for hearing or argument.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(e)
The opposing brief must be filed and delivered no later than 5 days before the hearing or argument, unless the matter is submitted on briefs only, in which case it is due by the final submission date specified in paragraph (e).
Opposing counsel or parties shall file the brief with the Prothonotary of this court and deliver his or their briefs to the moving party or counsel, and the court, no later than five (5) days before the day set for hearing or argument, unless the cause is to be submitted on briefs only: in such event, briefs of opposing parties or counsel shall be submitted no later than the final date provided in Paragraph (e) hereof.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(e)
For cases other than divorce actions and cases subject to compulsory arbitration, record counsel or parties must file a praecipe to place the case on the trial list by the trial-list closing date set on the Court Calendar.
Cases other than actions for divorce and those subject to compulsory arbitration shall be ruled for trial upon praecipe to the Prothonotary by record counsel or parties, filed no later than the day for the close of the trial list, as set the Court Calendar.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 212(a)
A copy of a served subpoena or specified notice, with proof of service, is due for filing within five days of service.
Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, a notice to attend or a notice to produce, shall file a copy of the same, along with proof of service thereof, with the Prothonotary within five (5) days of the date of service.
Page 9 | RULE 234. SUBPOENAS, NOTICES TO ATTEND, AND NOTICES TO PRODUCE
The defendant must submit the listed financial documents to the Domestic Relations Office by a date it specifies, no later than five working days before the scheduled support conference.
On a date to be specified by the Domestic Relations Office, but not later than five (5) working days preceding scheduled support conferences, the defendant shall submit to the Domestic Relations Office a copy of the following: a. a true copy of his or here most recent Federal Income Tax Return as filed; and b. his or her pay stubs for the preceding six months; and c. a completed income and expense statement on the forms he or she received from the Domestic Relations Office.
Page 15
A party who did not request appointment of the Master must comply with the specified rules, if applicable, within 30 days after the Master mails notice of the appointment.
The party who has not sought the appointment of a Master shall comply with the provisions of Pa.R.C.P. 1920.31(a)(1) and Pa.R.C.P. 1920.33(a), where either or both apply, within thirty (30) days of date of mailing by the Master to such party of notice of the appointment of the Master.
Page 17 | Rules of Civil Procedure of the 44th Judicial District
If the judge orders a transcript, argument is scheduled for the next calendar-set miscellaneous court date at least 25 days after the transcript is filed; otherwise, it is at least 25 days after the motion is filed.
In the event that the trial judge shall order the transcription of all or a portion of the trial testimony, the District Court Administrator will schedule the motion for argument on the next day for miscellaneous court, as set by the calendar, occurring not less than twenty-five (25) days after the filing of the transcript of the testimony with the Clerk of Courts, otherwise not less than twenty-five (25) days after the filing of the motion.
Page 41 | RULE 1123. POST-TRIAL MOTIONS
A party or attorney who serves a subpoena must file a copy and proof of service with the Clerk of Courts within five days after service.
(a) Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, shall file a copy of the same, along with proof of service thereof, with the Clerk of Courts within five (5) days of the date of service.
Page 44 | RULE 9016. SUBPOENAS
The surety justification must be filed before the bond is approved.
Where an individual surety is used on a bond, a justification of the surety shall be filed with the court, the Clerk of Courts or the Register, as the case may be, in the following form before the bond is approved:
Page 46 | Rule 1. General Rules
Adversary matters are deemed at issue on the return day fixed in the citation or order; absent cause shown and allowed, that day must be the next miscellaneous court day at least 30 days after the citation or order date.
All adversary matters initiated by petition or motion will be deemed at issue on the return day fixed in the citation or order awarded or issued upon court presentation of the petition or motion. Said return day, except for cause shown and allowed, shall be on the next day of miscellaneous court occurring not less than thirty (30) days after the date of the citation or order.
Page 47 | RULE 2. PLEADING AND PRACTICE
Any objection must be filed before the scheduled presentation for confirmation.
The same will be presented for confirmation to the Court of Common Pleas of the 44th Judicial District of Pennsylvania ______________ County Branch, Orphans’ Court Division, on the _______ day of ______________________, 20_____, at _____________ o’clock, and any objection must be filed prior thereto.
Page 49
File and present the appointment petition before filing the account.
An application to the court to appoint a guardian to trustee ad litem under Section 3504 of the PEF Code shall be made by separate petition filed and presented before the filing of an account.
Page 49 | Guardians or Trustees ad Litem
File the affidavit proving service with the Clerk before the date and time set for presentation for confirmation.
Proof of service of the notice herein required, together with all other notices required by applicable sections of these rules, the PEF Code, and the Orphans’ Court Rules of the Supreme Court, shall be by affidavit filed with the Clerk prior to the date and time for presentation for confirmation.
Page 49
Exceptions must be filed with the Clerk, with a copy submitted simultaneously to the court, on or before seven days after confirmation.
Exceptions shall be in writing, filed in the Office of the Clerk, with a copy thereof simultaneously submitted to the court, on or before seven (7) days after the date of confirmation of the account statement of proposed distribution.
Page 51 | (h) Exceptions
Objections must be filed with the Clerk and a copy submitted to the court before the scheduled presentation for confirmation, or they will not be heard.
All objections must be filed in the Office of the Clerk, with a copy thereof submitted simultaneously to the court, before the day and time fixed for presentation for confirmation; otherwise, such objections will not be heard and the account may be confirmed absolutely and a decree or adjudication may be made directing distribution in accordance with the statement of proposed distribution or as otherwise directed by the court.
Page 51 | (f) Objections
The Clerk may not refuse a pleading or other legal paper for failure to satisfy a local-rule requirement unrelated to filing fees.
No pleading or other legal paper shall be refused for filing by the Clerk of Judicial Records/Prothonotary based on a requirement of a local rule unrelated to the payment of filing fees.
Page 2 | ORDER
ii. File all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Records Office within five business days of
ii. File all documentary exhibits, photographs, and photographs of non-documentary exhibits with the Records Office within five business days of
Page 4 | Rule 5102. Custody of Exhibits. General Provisions.
The required exhibit copy and certification must be given to the records office no later than five days after the court proceeding concludes.
If an exhibit offered into evidence contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania (“Policy”), the proponent shall give a copy of the exhibit and a certification prepared in compliance with the Policy and any related local rule to the records office no later than five days after the conclusion of the court proceeding.
Page 8 | Rule 5105. Confidentiality. Exhibits Under Seal.
The Prothonotary must submit the trial list to the District Court Administrator no later than five days after the trial list closes.
No later than five (5) days after the close of the trial list, the Prothonotary shall submit a list of all cases for trial to the District Court Administrator.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 212(b)
Each filing office must maintain an account confirmation list that closes on the last business day of each calendar month.
Each such office shall maintain an account confirmation list which will close on the last business day of each calendar month.
Page 48 | RULE 6. ACCOUNTS AND DISTRIBUTIONS — (a) Time for Filing Accounts
Accounts are presented for confirmation on the next court-calendar confirmation date occurring at least 30 days after the closing of the confirmation list in which they were filed.
Accounts filed as aforesaid will be presented to the court for confirmation on the next date set by the court calendar for confirmation of accounts which occurs at least thirty (30) days after the date of closing of the account confirmation list to which the same were filed.
Page 48 | RULE 6. ACCOUNTS AND DISTRIBUTIONS — (a) Time for Filing Accounts
Fiduciary accounts may be filed on any day the office where they must be filed is open for business.
Accounts of fiduciaries required to be presented to the Orphans’ Court Division may be filed on any day on which the office in which the same is required to be filed is open for business.
Page 48 | RULE 6. ACCOUNTS AND DISTRIBUTIONS — (a) Time for Filing Accounts
The District Attorney may file its brief on the date set for argument.
and the brief of the District Attorney may be filed on the day set for the argument.
Page 41 | RULE 1123. POST-TRIAL MOTIONS
Service and Proof of Service Rules
Unless the papers were previously presented directly to the court, a plain copy must be delivered to the District Court Administrator as part of the service process within five days of filing or grant.
All rules, petitions, objections or motions shall be filed in the office of the appropriate County Prothonotary and shall be served by the moving party within five (5) days of the date of filing or grant as follows: (2) unless previously directly presented to the court, a plain copy thereof shall be delivered to the District Court Administrator.
Page 7 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(b)
The moving party must serve rules, petitions, objections, and motions as required by P.R.C.P. 440 within five days of filing or grant.
All rules, petitions, objections or motions shall be filed in the office of the appropriate County Prothonotary and shall be served by the moving party within five (5) days of the date of filing or grant as follows: (1) as required by P.R.C.P. 440:
Page 7 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(b)
The opposing party must deliver its brief to the moving party or counsel and the court no later than 5 days before the hearing or argument, or by the final submission date if the matter is submitted on briefs only.
Opposing counsel or parties shall file the brief with the Prothonotary of this court and deliver his or their briefs to the moving party or counsel, and the court, no later than five (5) days before the day set for hearing or argument, unless the cause is to be submitted on briefs only: in such event, briefs of opposing parties or counsel shall be submitted no later than the final date provided in Paragraph (e) hereof.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(e)
When briefs are required, the moving party must deliver its brief to opposing counsel, the court, and unrepresented parties no later than 10 days before the hearing or argument.
Where briefs have been so required, the moving party or counsel shall file the brief with the Prothonotary of this court and deliver his brief to opposing counsel, the court, and unrepresented parties, no later than ten (10) days prior to the date set for hearing or argument.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(e)
Post-trial relief motions must be filed with copies furnished simultaneously to opposing counsel or unrepresented opposing parties and the District Court Administrator.
(a) All Motions for Post Trial Relief shall be filed, with copies thereof furnished simultaneously to the opposing counsel or opposing parties if unrepresented by counsel and the District Court Administrator.
Page 9 | RULE 227.1. POST TRIAL MOTIONS AND PETITIONS
A party or attorney who serves a subpoena or specified notice must file a copy and proof of service with the Prothonotary within five days of service.
Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, a notice to attend or a notice to produce, shall file a copy of the same, along with proof of service thereof, with the Prothonotary within five (5) days of the date of service.
Page 9 | RULE 234. SUBPOENAS, NOTICES TO ATTEND, AND NOTICES TO PRODUCE
The Prothonotary must mail appeal notices in the required envelopes by first-class mail and docket any return or refusal; this rule is the exclusive service method, with personal service required if mail cannot effect service.
(b) The Prothonotary shall cause copies of the said notice of appeal to be mailed in said envelopes by first calls mail and shall note any return or refusal of such mailing on the court’s docket. In the event that service of the said notice of appeal cannot be effected by first class mail, it shall be the responsibility of the appellant to cause personal service of the said notice of appeal to be made upon the appellee. (c) This rule shall provide the sole means of effecting service of notice of appeal from the judgment of a District Justice.
Page 10 | RULE 400.
The plaintiff must mail the affidavit and repair bill to the defendant's last known address with a notice stating the assessment date and the right to request a trial, and must file an affidavit of mailing.
(3) The plaintiff shall send a copy of the affidavit and repair bill to the defendant by ordinary mail directed to his last known address, together with a notice setting forth the date of the intended assessment of damages, which shall not be less than ten (10) days from the mailing of the notice and a statement that damages will be assessed in the amount of the repair bill unless prior to the date of assessment the defendant by written praecipe files with the Prothonotary a request for trial on the issue of such damages; an affidavit of mailing of notice shall be filed.
Page 10 | RULE 251. DAMAGES, COST OF REPAIRS
If first-class mail cannot effect service of the notice of appeal, the appellant must arrange personal service on the appellee.
In the event that service of the said notice of appeal cannot be effected by first class mail, it shall be the responsibility of the appellant to cause personal service of the said notice of appeal to be made upon the appellee.
Page 10 | RULE 400.
Legal advertisements must appear once in a county newspaper at least ten days before a hearing or further action, unless an exception applies.
(a) Unless otherwise provided by statue, these rules, or the Pennsylvania Rules of Civil Procedure, all legal advertisements shall consist of one (1) insertion in one (1) newspaper of general circulation in the county in which the cause is pending, which insertion shall occur at least ten (10) days before hearing or further action.
Page 11
When the specified relief and prior service conditions apply, the plaintiff or counsel must publish notice of the order’s terms in one county newspaper issue and attach proof to the praecipe for final judgment.
(a) If the relief granted by the court is under Pennsylvania Rule of Civil Procedure 1066(b)(1), and service has been previously allowed under Local Rule 1063(a) notice of the terms and conditions of the order granting relief shall be given by publication in one (1) newspaper of general circulation in the county in one (1) issue, by the plaintiff or his counsel, and proof thereof attached to the praecipe for final judgment.
Page 12 | ACTION OF QUIET TITLE — RULE 1066(b)(1) FORM OF JUDGMENT ORDER. NOTICE.
For actions served by publication, notice must run for one week in a county newspaper, with notice to former owners and their heirs or assigns only if the court permits.
(a) In all actions wherein service is by publication, notice shall be given to the defendant or defendants, and, if permitted by the court, to a named former owner and his or her heirs and assigns generally, for one (1) week in one (1) newspaper of general circulation in the county. The notice shall be substantially the form set forth in Pennsylvania Rule of Civil Procedure 430(b)(1).
Page 12 | ACTION OF QUIET TITLE — RULE 1063. SERVICE OF PUBLICATION. NOTICE.
The chairman must notify the other arbitrators and counsel of record, or unrepresented parties, of Sullivan County arbitration hearings by ordinary mail.
All arbitration hearings for Sullivan County shall be held in the courtroom of the Sullivan County Courthouse on such dates and at such time as shall be set by the Chairman of the Board of Arbitrators, who shall provide notice to the other arbitrators and counsel of record (or parties, if they are unrepresented) by ordinary mail.
Page 13
The chairman must give written notice of each Wyoming County arbitration hearing by ordinary mail to the other arbitrators and counsel of record, or to unrepresented parties.
The chairman shall schedule the time of each hearing and shall provide written notice thereof to the other arbitrators and counsel of record (or parties, if they are unrepresented) by ordinary mail.
Page 13
A respondent or defendant must be served by certified mail, regular mail, or an enforcement officer and must attend a conference at a definite time and place.
The respondent or defendant shall be served by certified mail, regular mail, or enforcement officer required to attend a conference at a definite time and place.
Page 14 | RULE 1910 ACTIONS FOR SUPPORT
When counsel requests a divorce hearing, it must be scheduled on a court-calendar date that allows ten days’ notice of hearing to be given.
Upon request by counsel for either party, hearings before the court in Actions of Divorce shall be set by the District Court Administrator on any dates set by the court calendar for such purposes as would allow (10) days notice of hearing to be given, in accordance with Paragraph (b) hereof.
Page 16 | RULE 1920.51 DIVORCE
The Master must promptly notify the parties of the appointment and provide a copy of the court rules.
The Master shall forthwith give notice of his or her appointment to the parties, together with a copy of these Rules of Court.
Page 17 | Rules of Civil Procedure of the 44th Judicial District
Once completed properly, the papers must be filed and served.
Once the papers are completely and properly filled out, they must be filed and served.
Page 22 | C. FILING AND SERVICE
You are responsible for serving the Orders and Complaint by certified mail, return receipt requested, for signature by the Defendant only.
(b) Service of all Orders and the Complaint is your responsibility. To do so, you must send the Orders and Complaint by certified mail, return receipt requested, to be signed by the ADDRESSEE ONLY. The addressee must be the Defendant. The Post Office can help you send certified mail.
Page 23 | 3. SERVICE OF THE COMPLAINT
Service is complete when you receive the green card showing the Defendant received the Complaint.
(a) Service is complete once you have received back the green card showing the Defendant has received the Complaint.
Page 23 | 4. PROOF OF SERVICE
Service must be made within thirty days after the Complaint is filed in the Prothonotary’s Office.
(c) Service must be made within thirty (30) days from the date the Complaint is filed in the Prothonotary’s Office.
Page 23 | 3. SERVICE OF THE COMPLAINT
The parents whose rights remain and the person with physical custody must be parties, and other known custody or visitation claimants must receive notice and the right to intervene.
Each parent whose parental rights to the child(ren) have not been terminated and the person who has physical custody of the child(ren) have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child(ren) will be given notice of the pendency of this action and the right to intervene:
Page 28
The agency must give the specified parties written notice of the right to request a formal review at least 10 days before the review date, and schedule a requested hearing at the earliest possible date.
(2) Three - Six months after dispositional hearing and at three - six month intervals thereafter while the child continues in a placement outside the home, the County Children and Youth Agency shall give written notice of the right to request a formal review. This notice shall be provided at least ten (10) days prior to the date set scheduling such a review. Notice shall be given to the following parties, each of whom shall be entitled to participate in the proceeding: (a) the child, if age appropriate; (b) the child’s parents or legal guardian; (c) counsel for the child. Upon receipt by the Children and Youth Agency of a request for a formal review hearing, such a hearing shall be scheduled with the court at the earliest possible date.
Page 35 | RULE 1921.1 THE JUDICIAL REVIEW OF DEPENDENT CHILDREN IN PLACEMENT
The District Justice must personally deliver written notice of the arraignment date and place to the defendant and counsel immediately after the preliminary hearing or its waiver when charges are held for court.
Written notice of the arraignment date and place shall be personally delivered by the District Justice to the Defendant and his or her counsel, immediately upon conclusion of a preliminary hearing or waiver of preliminary hearing wherein criminal charges were held for court.
Page 39 | RULE 303: SCHEDULING OF CRIMINAL CASES
Unless the motion is allowed at trial, a copy of the moving party’s brief or memorandum must be furnished to the District Attorney at the same time for covered motions.
All omnibus pre-trial motions for relief under Pennsylvania Rules of Criminal Procedure 306 or motions to suppress evidence under Pennsylvania Rule of Criminal Procedure 323, unless allowed at trial, must be accompanied by a brief or a memorandum of law by the moving party, a copy of which shall be simultaneously furnished the District Attorney.
Page 40 | RULE 306. OMNIBUS PRE-TRIAL MOTIONS FOR RELIEF AND MOTIONS TO SUPPRESS
At arraignment, the District Attorney must provide the defendant and counsel of record written notice of the next status call date.
Written notice of the next status call date shall be provided to the Defendant and his or her counsel of record by the District Attorney at the time of arraignment.
Page 40 | RULE 303: SCHEDULING OF CRIMINAL CASES
The moving party must furnish its brief to the District Attorney and a copy to the court 10 days before argument.
The brief of the moving party shall be furnished to the District Attorney, with a copy to the court, ten (10) days prior to argument,
Page 41 | RULE 1123. POST-TRIAL MOTIONS
The District Court Administrator must notify counsel of the argument date by ordinary mail at least 20 days beforehand.
Notice of argument date shall be given counsel by the District court Administrator by ordinary mail not less than twenty (20) days prior to the said argument date.
Page 41 | RULE 1123. POST-TRIAL MOTIONS
For timely filed motions for a new trial or in arrest of judgment that were not argued immediately after trial, the moving party must submit copies to the court and District Attorney when filing.
Where motions for new trial or in arrest of judgment, or both, have not been argued before the trial judge immediately upon the conclusion of the trial and are thereafter timely filed, copies thereof shall be submitted simultaneously with filing to the court and the District Attorney by the moving party.
Page 41 | RULE 1123. POST-TRIAL MOTIONS
A party or attorney who serves a subpoena must file proof of service with the Clerk of Courts.
(a) Any party, or an attorney therefore, who serves, or causes to be served upon a person a subpoena, shall file a copy of the same, along with proof of service thereof, with the Clerk of Courts within five (5) days of the date of service.
Page 44 | RULE 9016. SUBPOENAS
The fiduciary must post one handbill conspicuously on the property and at least three others in conspicuous public places nearby.
(2) Handbills, one of which shall be posted at a conspicuous place on the real property to be sold, and at least three others in conspicuous public places in the vicinity of the said property.
Page 48 | RULE 5. NOTICE
Unless a statute provides otherwise, the fiduciary must advertise notice of the real-estate sale once a week for three successive weeks in a newspaper of general circulation in the county where the property is located and, if different, the county of sale.
Unless otherwise provided by statute, the fiduciary shall give notice by: (1) Advertisement once a week for three (3) successive weeks in one (1) newspaper of general circulation published in the county in which the real estate to be sold is located, and if the sale is held in a different county, then also in the county of the sale, and,
Page 48 | RULE 5. NOTICE
Proof of service for the required notices must be provided by affidavit filed with the Clerk.
Proof of service of the notice herein required, together with all other notices required by applicable sections of these rules, the PEF Code, and the Orphans’ Court Rules of the Supreme Court, shall be by affidavit filed with the Clerk prior to the date and time for presentation for confirmation.
Page 49
The Clerk must advertise the date and time accounts will be presented for confirmation and identify the estate and the accountants by name and capacity.
The Clerk shall give notice by advertisement of the date and time when accounts filed in the offices of the Register or clerk will be presented for confirmation, stating in the advertisement the name of the estate, and the names and capacities of the accountants.
Page 49 | Advertisement of Accounts
Send notice by ordinary mail to the last known addresses of parties in interest and their counsel at least twenty days before presentation for confirmation.
Notices shall be sent to parties in interest, together with counsel of record, as defined by the Orphans’ Court Rules of the Supreme Court, by ordinary mail, sent to the last known addresses of such parties in interest, not less than twenty (20) days prior to the date for presentation for confirmation.
Page 49
Publish the advertisement in at least one newspaper of general circulation in the county where the account is filed.
Such advertisement shall be published in at least one (1) newspaper of general circulation published within the county of filing as follows:
Page 49 | Advertisement of Accounts
Advertise accounts filed with the Clerk once a week during the two weeks immediately before presentation for confirmation.
b. Accounts filed with the Clerk – once a week during the two (2) weeks immediately preceding the date and time of presentation for confirmation.
Page 50 | Advertisement of Accounts
Advertise accounts of personal representatives once a week during the four weeks immediately before presentation for confirmation.
a. Accounts of Personal Representatives – once a week during the four (4) weeks immediately preceding the date and time of presentation for confirmation.
Page 50 | Advertisement of Accounts
Exceptions must be promptly served on the parties in interest or record counsel, personally or by ordinary mail.
The same shall be promptly served upon the parties in interest or record counsel, personally or by ordinary mail
Page 51 | (h) Exceptions
A copy of all objections must be served on the accountant and the accountant’s record counsel.
A copy of all objections shall be served on the accountant and his record counsel.
Page 51 | (f) Objections
When notice is required, final confirmation is not effective until the petitioner’s attorney files proof of publication or an affidavit of service.
If notice is required, final confirmation shall not be effective, unless and until the attorney for the petitioner shall file the appropriate proof of publication or affidavit of service.
Page 54 | Rules of Orphans’ Court
Using PacFile constitutes the filer's certification that the filer will accept electronic notice and service through the system.
Use of the PacFile system shall constitute as the filer’s certification that the electronic notice and service of other documents through the Pacfile system will be accepted by filer.
Page 2 | F
Parties using PacFile must serve physical paper copies on all parties who do not use PacFile.
Parties utilizing PACFile shall serve physical paper format copies on all parties to the case who do not utilize PACfile, pursuant to Pa.R.Crim.P. 576.
Page 2 | F
An electronic filing satisfies service requirements on attorneys or parties who have established a PacFile account.
The submission of an electronic filing shall satisfy the service requirements of Pa.R.Crim.P. 576 on any attorney or party who has established an account as provided in subsection D.
Page 2 | F
Notice of the pretrial conference must be sent by ordinary mail to counsel of record and unrepresented parties at least 7 days before the conference.
The District Court Administrator shall assign a date and time for pre-trial conference to each case on the trial list, received pursuant to Paragraph (b) hereof, and give notice by ordinary mail thereof to counsel of record and unrepresented parties, sent not later than seven (7) days prior to the date of such conference.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 212(c)
The Prothonotary must publish the trial list in a county newspaper of general circulation once a week for two weeks, with the first publication no later than 10 days after the trial list closes.
The Prothonotary shall publish the trial list determined under this Rule in one newspaper of general circulation published in and for the county once a week for two weeks, the first insertion to no later than ten (10) days after the close of the trial list.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 212(d)
Counsel may submit specified damages statements and trial exhibits in writing to the opposing side at least ten days before trial; an item not objected to in writing five days before trial need not be proved at trial.
(a) Not less that ten (10) days before the date set for trial, counsel may submit to opposing counsel of record, or if no opposing counsel of record, to the opposing party, in writing, itemized statements of damages claimed, such as bills for repairs, medical and hospital expenses or claims of a similar nature, and photographs or plans intended to be offered at the trial, and if not objected to in writing five (5) days prior to the trial, proof thereof shall not be required at the trial.
Page 10 | RULE 252. ITEMIZED STATEMENTS SUBMITTED PRIOR TO TRIAL
Any written notice of hearing required by Pennsylvania Rule of Civil Procedure 1920.51 shall less than (10) days prior to the date of said hearing.
Any written notice of hearing required by Pennsylvania Rule of Civil Procedure 1920.51 shall less than (10) days prior to the date of said hearing.
Page 16 | RULE 1920.51 DIVORCE
The complaint copy sent to the other parent is sent by certified mail.
There is also a fee for sending a copy of the complaint, certified mail, to the other parent.
Page 21 | A. COSTS
The probation department must give the child, the child’s parents or legal guardians, and the child’s counsel written notice of the right to request a formal review at least ten days before the date set for scheduling the review.
(4) Six-months after the dispositional hearing and at six month intervals thereafter while the child continues in placement outside the home, the probation department shall give written notice of the right to request a formal review. This notice shall be provided at least ten (10) days prior to the date set for scheduling for such a review. Notice shall be given to the following parties, each of whom shall be entitled to participate in the proceeding: a. the child; b. the child’s parents or legal guardians; c. counsel for the child.
Page 37
As the court directs, a small-estate petition may be confirmed without notice, after at least ten days’ written notice to known interested persons, or nisi with absolute confirmation in thirty days subject to court-ordered notice by publication or ordinary mail.
As the court may direct, the petition for settlement and distribution of a small estate may be confirmed absolutely without any notice or may be confirmed absolutely upon at least ten (10) days written notice of presentation having been given to all known persons in interest of may be confirmed nisi, with absolute confirmation in thirty (30) days, subject to such notice as the court, by special order, may direct, which notice may either be by publication or by mailing ten (10) days written notice by ordinary mail to all known persons in interest.
Page 53 | Rules of Orphans’ Court
Filing Fees and Waivers
The Master’s fee for services must be at least $350 unless the Master agrees otherwise.
The Master shall be paid not less than Three Hundred Fifty ($350.00) Dollars for his or her services as Master unless otherwise agreed by the Master.
Page 17 | Rules of Civil Procedure of the 44th Judicial District
If the Master’s hearing and report preparation together exceed five hours, the Master receives an additional $125 for each additional hour or portion of an hour.
In the event that the time for the Master’s hearing and the time required to compile the Master’s report shall exceed five (5) hours, the Master shall be additionally compensated at the rate of One Hundred Twenty-Five ($125.00) Dollars per hour or portion thereof in excess of five hours.
Page 17 | Rules of Civil Procedure of the 44th Judicial District
The party requesting a Master must deposit $350 with the Prothonotary when filing the appointment praecipe, unless the party has IFP status; the Master or court may order a non-IFP party to reimburse the county that paid the fee.
The party requesting the appointment of a Master shall deposit with the Prothonotary of this court the sum of Three Hundred Fifty ($350.00) Dollars at the time of the filing of the praecipe for such appointment. If the party seeking appointment of the Master has been granted In Forma Pauperis status, then no deposit of the Master’s fee shall be required, and the County of Sullivan or Wyoming, as the case may be, shall pay the Master’s fee. The Master or court, however, in appropriate cases may direct a party who has not been granted In Forma Pauperis status to reimburse the county which has paid the Master’s fee.
Page 17 | Rules of Civil Procedure of the 44th Judicial District
Any Master fee exceeding the deposit must be paid to the Prothonotary within 20 days after the Master’s report, unless timely exceptions to the allocation result in the county paying the Master and the court later directing reimbursement.
Payments in excess of the deposited amount shall be made to the Prothonotary for transmittal to the Master within twenty (20) days of the date of the Master’s report. In the event that timely exceptions are filed as to such allocation, the County of Sullivan or Wyoming, as the case may be, shall make such payment to the Master, and the court shall direct reimbursement to said county in its ruling on such exceptions.
Page 18 | Rules of Civil Procedure of the 44th Judicial District
The Prothonotary must collect a $50 fee from specified plaintiffs filing Divorce Form A or a child custody complaint and from defendants enrolling in the specified programs, unless the person has IFP status.
The Prothonotary shall collect, in addition to all other fees and cost, the sum of Fifty ($50.00) Dollars from all plaintiffs filing Divorce Form “A”, indicating that there are minor children born of the marriage, and from all plaintiffs filing a child custody complaint, unless the plaintiff shall have been granted In Forma Pauperis status. Further, the Prothonotary shall collect the sum of Fifty ($50.00) Dollars from all defendants enrolling in the “Children Coping with Divorce” program or “Kids First” program (Divorce Form “B”), unless In Forma Pauperis status shall have been granted to him or her. Should promptly remit the same to the Prothonotary.
Page 18 | RULE 1915.3 CHILD CUSTODY
The custody complaint filing fee is $123.50 unless an in forma pauperis application is approved, while a denied application means the filing fee must be paid.
There are court costs which you will be required to pay, unless you ask for and are granted in forma pauperis status. The first cost is the fee for filing the custody complaint with the court. The filing fee is $123.50. “In Forma Pauperis” is your request to allow the Court, based upon income guidelines, to let you file free of cost. If the court approves your Application, all court costs and fees are waived. IF THE COURT DENIES YOUR APPLICATION, YOU WILL BE REQUIRED TO PAY THE FILING FEE.
Page 21 | A. COSTS
If the Judge denies your request to file free of cost, you must pay the filing fee within ten days or the case will be dismissed.
(d) If the Judge denies your request, you will have ten (10) days to pay the filing fee. If you do not pay, the case will be dismissed.
Page 23
The Prothonotary must remit the amounts set by further court order to the appropriate program monthly.
The Prothonotary shall remit to the appropriate program on a monthly basis such amounts as shall be set by further court order.
Page 18 | RULE 1915.3 CHILD CUSTODY
Enrollment in the Divorce and/or Child Custody Education Program requires either payment of $50 or granted in forma pauperis status.
PLEASE ENROLL ME IN THE DIVORCE AND/OR CHILD CUSTODY EDUCATION PROGRAM. _______ ATTACHED IS MY PAYMENT OF FIFTY ($50.00) DOLLARS _______ I HAVE BEEN GRANTED IN FORMA PAUPERIS STATUS
Page 20 | Divorce Form “B”
A copy-making fee may apply, and the filer may be responsible for it.
There may be a fee for making copies of the complaint. You may be responsible for these copies.
Page 21 | A. COSTS
The filer is responsible for the cost of sending the complaint copy to the other parent by certified mail.
There is also a fee for sending a copy of the complaint, certified mail, to the other parent. You are responsible for these costs.
Page 21 | A. COSTS
Enrollment in the mandatory education program costs $50.00.
There is also the cost of enrolling in the mandatory education program (“Kids First” or “Children Cope with Divorce”). The cost is $50.00.
Page 21 | A. COSTS
If you cannot pay the filing fee, the Clerk will send your application to the Judge, who will decide whether to allow you to file free of cost based on your affidavit and income guidelines.
(b) If you cannot pay the filing fee, the Clerk will send your application to file free of cost to the Judge. The Judge will review your affidavit and based upon income guidelines will decide your request. It may take a week.
Page 23
You may pay the filing fee when you file.
(a) You can pay the filing fee at the time you file.
Page 23
The registration form provides for payment of $50 or indication that in forma pauperis status has been granted.
_______ ATTACHED IS MY PAYMENT OF FIFTY ($50.00) DOLLARS _______ I HAVE BEEN GRANTED IN FORMA PAUPERIS STATUS
Page 33 | REGISTRATION FORM
No additional cost is charged for entering or satisfying the specified bail-surety judgment.
When real estate is posted as surety for bail in any criminal proceeding, and the said real estate is located within Wyoming or Sullivan County, the Clerk of Courts shall cause judgment to be entered and indexed against the said surety or sureties, and in favor of the Commonwealth of Pennsylvania, to the use of the County of Wyoming or the County of Sullivan, as the case may be, in the amount of said surety. Upon termination of the criminal proceeding, or upon exoneration of the surety, the Clerk of Court shall make the said judgment satisfied of record. There shall be no additional cost for the entry or satisfaction of such judgment.
Page 44 | RULE 4007. BAIL SURETY
Applicable filing fees are accepted according to the governing statute, court order, Local Rule, or fee schedule.
Applicable filing fees shall be accepted in the same manner as currently required by statute, court order, Local Rule or as established by fee schedule.
Page 2 | E
Sealing & Redaction Procedures
An exhibit sealed by the court during the proceeding must not be accessible to the public.
Any exhibit sealed by the court during the court proceeding shall not be accessible to the public.
Page 8 | Rule 5105. Confidentiality. Exhibits Under Seal.
Filing Bundling Requirements
The statement of proposed distribution must accompany the account, be bound separately from it, and be filed in the same office.
The statement of proposed distribution shall accompany, but be bound separately from the account to which it pertains and shall be filed in the same office as the account.
Page 50 | Statement of Proposed Distribution
Pre-Motion Conference Requirements
Covered rules, objections, petitions, and motions are returnable on the next scheduled miscellaneous court day occurring at least 25 days after the rule or court presentation, subject to contrary rules or special court allowance.
Except as otherwise provided in the Pennsylvania Rules of Civil Procedure or these rules, or upon special allowance by the court, all rules to show cause, preliminary objections and petitions or motions requiring hearing or argument shall be returnable to the next day of miscellaneous court, scheduled by the court calendar, occurring at least twenty-five (25) days from the date of the rule or date of court presentation of the petition or motion, the same to be deemed at issue on the said return date.
Page 7 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(a)
The District Court Administrator assigns a hearing or argument on a qualifying miscellaneous court day at least 30 days after the matter is at issue and must give notice at least 20 days beforehand.
Each rule, petition, objection or motion, within the purview of Paragraph (a) hereof, shall be assigned a date and time for hearing or argument by the District Court Administrator on the next day of miscellaneous court occurring at least thirty (30) days form the date the same is deemed at issue under Paragraph (a) hereof. Notice of the assigned date and time shall be given each record counsel or unrepresented party at least twenty (20) days prior to the said date of hearing or argument.
Page 7 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(c)
Briefs are required only when ordered by the court or required by the rules; when required, the moving brief is due 10 days before argument and the opposing brief 5 days before, unless the matter is submitted on briefs only.
No brief need be filed unless and until required by the court or by these rules. Where briefs have been so required, the moving party or counsel shall file the brief with the Prothonotary of this court and deliver his brief to opposing counsel, the court, and unrepresented parties, no later than ten (10) days prior to the date set for hearing or argument. Opposing counsel or parties shall file the brief with the Prothonotary of this court and deliver his or their briefs to the moving party or counsel, and the court, no later than five (5) days before the day set for hearing or argument, unless the cause is to be submitted on briefs only: in such event, briefs of opposing parties or counsel shall be submitted no later than the final date provided in Paragraph (e) hereof.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(e)
Counsel for the moving party and the District Attorney may agree to submit motions on briefs without argument by the argument date, unless the court requires oral argument.
By agreement of counsel for the moving party and the District Attorney, argument may be waived and motions submitted on briefs only (the last day for such submission being the date set for argument under (a) hereof), unless oral argument is required by the court.
Page 42 | RULE 1123. POST-TRIAL MOTIONS
If all parties are represented, counsel may agree to waive oral argument and submit the matter on briefs, with the argument date serving as the final submission date.
Subject to the provisions of Paragraph (f) hereof, counsel, if all parties are represented, may agree to waive oral argument, and submit the cause to the court on briefs only, in which case the date set for argument shall be the final date for such submission.
Page 8 | Rules of Civil Procedure of the 44th Judicial District, Rule 205.1(d)
Adjournment & Extension Requirements
The chairman has discretion over continuances, which must be set for a definite date and time no more than 30 days after the original date; notice must be given to the parties or their attorneys at least five days beforehand by ordinary mail or telephone.
All continuances shall be in the discretion of the Chairman of the Board and shall be made to a day and time certain not more than thirty days from the date originally set by the chairman, who shall give notices of the continued date and time to the parties or their attorneys of record at least five days prior thereto, by ordinary mail or telephone.
Page 13
Cases assigned to a month’s arbitration panel must be heard by that panel and cannot be continued to another panel.
All cases assigned to a month’s arbitration panel shall be heard by that panel. There will be no continuances to another panel.
Page 14
Continuances are at the Master’s discretion, but a continuance request based on incomplete pre-hearing discovery must be made to the Court of Common Pleas as a motion to strike the appointment of a Master.
Continuances of conferences and/or hearings shall be solely at the discretion of the Master, except as is set forth herein below in Paragraph (f). (f) Requests for continuances based on an assertion that pre-hearing discovery has not been completed shall be made to the Court of Common Pleas in the form of a Motion to Strike the Appointment of a Master.
Page 17 | Rules of Civil Procedure of the 44th Judicial District
A petition to extend time must comply with the referenced Rules on Pleading and Practice.
Petition for extension of time shall be in accordance with these Rules [See Pleading and Practice, Paragraphs (a) and (b)].
Page 54 | Rules of Orphans’ Court
Chambers Communication Rules
You must give the Clerk a telephone number so the Clerk can contact you when the Judge decides your in forma pauperis request.
(c) You must give the Clerk a telephone number. The Clerk will contact you when the Judge decides if you are to be granted in forma pauperis status.
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