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

CRITICAL

Applies to

Dispositional hearing

The goals and objectives for each dependency case must be presented to the court at the dispositional hearing.

(c) The goals and objectives for each dependency case shall be presented to the court at the dispositional hearing.

CRITICAL

Applies to

Counsel withdrawal application

Counsel may withdraw only with prior court approval, sought by petition with notice to the defendant of the hearing’s date, time, and place.

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.

CRITICAL

Applies to

Notice to defendant

Notices to defendant under the specified Pennsylvania rule must name the prothonotary and address for the applicable county branch.

(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

CRITICAL

Applies to

Statement of 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.

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).

CRITICAL

Applies to

Petition for appointment of guardian

A proposed guardian’s consent must be attached to the appointment petition and state the guardian’s business and domicile, citizenship and English-language ability, and absence of specified fiduciary or surety conflicts and adverse interests.

Consent of any proposed guardian must be attached to the petition for appointment of a guardian and shall contain the following statements: a. his business and domicile. b. that he is a citizen of the United States, able to speak, read and write the English language. c. that is not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; that he has no interest adverse to the minor.

CRITICAL

Applies to

Support conference submission

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.

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.

CRITICAL

Applies to

Pre trial memorandum

The pretrial conference notice must include a pretrial memorandum form for completion and submission to the court at the conference.

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.

CRITICAL

Applies to

Post trial motion

A post-trial motion based on errors appearing on the face of the record must identify the specific errors alleged.

Each motion on the basis of errors appearing on the face of the record shall set forth the specific errors alleged.

CRITICAL

Applies to

Child custody complaint

The party or attorney filing a complaint seeking legal, physical, or partial physical custody must deliver a copy to the Court Administrator.

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.

CRITICAL

Applies to

Small estate settlement and distribution petition

The petition must have attached the consents of any consenting surety, unpaid beneficiaries, heirs, and claimants.

consents of the surety, unpaid beneficiaries, heirs and claimants who consent thereto.

CRITICAL

Applies to

Statement of proposed distribution

The statement of proposed distribution must identify each distributee, the amount and applicable fractional share awarded, and the reasons for the proposed distribution.

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.

CRITICAL

Applies to

Notice of hearing

A divorce hearing notice must substantially follow the form provided in the rule.

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.

CRITICAL

Applies to

Publication notice

A notice served by publication must substantially follow the form in Pennsylvania Rule of Civil Procedure 430(b)(1).

The notice shall be substantially the form set forth in Pennsylvania Rule of Civil Procedure 430(b)(1).

CRITICAL

Applies to

Small estate settlement and distribution petition

If the decedent died testate, a copy of the will must be attached to the petition.

if decedent died testate, a copy of decedent’s will.

CRITICAL

Applies to

Petition

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.

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

CRITICAL

Applies to

Repairman's affidavit

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.

(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

CRITICAL

Applies to

Support agreement

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.

(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.

CRITICAL

Applies to

Custody forms

The forms must include approximate dates and addresses for the children’s past residences.

You must give approximate dates and addresses of the past residences of the children.

CRITICAL

Applies to

Custody complaint

The complaint must have Criminal Record/Abuse History Verifications for the Plaintiff and all adults in the Plaintiff’s household attached as Exhibit A.

Criminal Record/Abuse History Verification for Plaintiff and all adults living in Plaintiff’s household are attached as exhibit “A”.

CRITICAL

Applies to

Exhibit index

The custodian filing exhibits with the Records Office must include a numbered exhibit list identifying each exhibit’s proponent, admission status, and description.

The custodian who is responsible for filing the exhibits with the Records Office shall include a numbered list of exhibits, and for each exhibit identify the proponent of the exhibit, whether the exhibit was admitted or rejected from evidence, and a textual description or identification of the exhibit in substantial compliance with Form 1 in the attached appendix.

CRITICAL

Applies to

Appeal

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.

(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.

CRITICAL

Applies to

Small estate settlement and distribution petition

The petition must include an itemized list and fair value of the decedent’s property, or, if previously filed, the inventory and appraisement, together with net proceeds for each item converted to cash.

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.

CRITICAL

Applies to

Statement of proposed distribution

The personal representative’s statement, or the account if no statement is filed, must explain inheritance and additional estate taxes, state whether they were paid, include receipt copies, and refer to any Department of Revenue dispute or adverse claim.

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.

CRITICAL

Applies to

Account

If the accountant cannot file a statement of proposed distribution, an explanation of the reasons must accompany the account.

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.

CRITICAL

Applies to

Attorney appearance withdrawal

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.

(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.

CRITICAL

Applies to

Omnibus pre trial motion or motion to suppress

Unless allowed at trial, covered omnibus pre-trial motions and motions to suppress must include the moving party’s brief or memorandum of law.

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.

CRITICAL

Applies to

Custody forms

The required forms must be completed entirely, with no blanks and with every question answered and all information provided.

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.

CRITICAL

Applies to

Account addendum

An application to dispense with appointing a trustee or guardian ad litem must be made in an addendum to the account that states the reasons.

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.

CRITICAL

Applies to

Small estate settlement and distribution petition

The petition must identify known unpaid creditors and provide their addresses, each claim’s nature and amount, and whether each claim is admitted or disputed.

The names and addresses of unpaid creditors of the decedent of whom the petitioner has knowledge, with the nature and amount of each claim and whether the same are admitted or disputed.

CRITICAL

Applies to

Custody action forms

Applicants seeking a custody or visitation order must complete the forms in the packet.

To get an Order concerning custody or visitation, you must complete the forms in this packet.

CRITICAL

Applies to

Written post trial motion

Every written post-trial motion must state whether a partial or full trial transcript is required and explain why.

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.

CRITICAL

Applies to

Order

A Protection from Abuse Act order issued by a Magisterial District Judge must state that the petition hearing is scheduled in the Court of Common Pleas for the next business day at 8:00 a.m.

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.

CRITICAL

Applies to

Small estate settlement and distribution petition

The petition must itemize disbursements from the decedent’s assets, including the payment date, payee, and nature and amount of each payment.

An itemized list showing disbursements made out of the decedent’s assets, the date of payment, the payee and the nature and amount of payment.

CRITICAL

Applies to

Application to appoint guardian or trustee ad litem

An application to appoint a guardian or trustee ad litem must be made by separate petition.

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.

CRITICAL

Applies to

Notice of assessment

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.

(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.

CRITICAL

Applies to

Small estate settlement and distribution petition

The petition must state the Pennsylvania Inheritance and Estate Taxes, their calculation, and the amount paid.

A statement regarding Pennsylvania Inheritance and Estate Taxes, its calculation and the amount paid thereof.

CRITICAL

Applies to

Non documentary exhibit

When a non-documentary exhibit is offered, a photograph of it must be entered into the record in lieu of the exhibit.

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.

CRITICAL

Applies to

Criminal record abuse history verification

The Defendant is notified to provide the Court with a Criminal Record/Abuse History Verification for every adult residing with the Defendant.

Defendant is hereby notified to provide the Court with a Criminal Record/Abuse History Verification for all adults residing with Defendant.

CRITICAL

Applies to

Small estate settlement and distribution petition

The petition must propose a distribution that explains how creditors will be paid and identifies each distributee and that person’s share.

A proposal for distribution setting forth: (i) how creditors, if any, shall be paid. (ii) the names of persons to share in the distribution and the share each will receive.

CRITICAL

Applies to

Post trial motion

A post-trial motion alleging errors not raised before or during trial must state why those errors should be considered.

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.

CRITICAL

Applies to

Praecipe

For an action seeking only repair costs, the plaintiff may obtain assessment of those damages by praecipe waiving other damages and filing the affidavits required by subdivisions (2) and (3).

(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.

CRITICALCivil cases

Applies to

Documentary exhibit

At trial, a party offering a documentary exhibit larger than 8.5 x 11 inches must provide a reduced-size copy to the Court, marked and filed of record.

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.

CRITICAL

Applies to

Exhibit

For an exhibit containing information or documents defined as confidential by the Policy, the proponent must provide the records office a copy and a Policy- and local-rule-compliant certification within five days after the 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.

CRITICAL

Applies to

Custody complaint

The complaint forms must identify the Plaintiff, Defendant, and county where the court is located.

You must fill in the name of the Plaintiff and the Defendant, and the County where the court is located.

CRITICAL

Applies to

Divorce decree

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.

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.

CRITICAL

Applies to

Custody complaint

The complaint includes a verification that its statements are true and correct and acknowledges the penalties for unsworn falsification to authorities.

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.

CRITICAL

Applies to

Written consent

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

d. when the proposed guardian is a corporate fiduciary, its written consent to act as such shall contain a statement that it is not the fiduciary of an estate in which the minor has an interest nor the surety of such a fiduciary, and that it has no interest adverse to the minor.

CRITICAL

Applies to

Criminal record abuse history verification

Complete and attach a Criminal Record/Abuse History Verification for every household member age 18 or older, including yourself.

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.

CRITICAL

Applies to

Photograph exhibit

When a photograph is offered into evidence, the original or a copy no larger than 8-1/2 by 11 inches must be entered into the record.

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.

CRITICAL

Applies to

Small estate settlement and distribution petition

The small-estate settlement and distribution petition must identify anyone entitled to a family exemption and state the facts supporting the claim.

The person, if any, entitled to a family exemption and the facts on which their claim is based.

CRITICAL

Applies to

Statement of proposed distribution

A proposed distribution of real property must include a legal description and record reference with the statement.

If distribution of real property is proposed, a legal description, together with record reference, must accompany the statement.

CRITICAL

Applies to

Search warrant application

A search warrant application must be approved by an attorney for the Commonwealth before filing.

(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.

CRITICAL

Applies to

Surety justification

When an individual surety is used, a justification in the prescribed form must be filed with the court, Clerk of Courts, or Register before bond approval.

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:

CRITICAL

Applies to

Praecipe

A case subject to arbitration must be listed for arbitration by praecipe of either counsel.

Cases subject to arbitration shall be listed therefore on praecipe of either counsel.

CRITICAL

Applies to

Oversized documentary exhibit

For an offered documentary exhibit larger than 8-1/2 by 11 inches, the proponent must enter a copy reduced to that size or smaller into the record.

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.

CRITICAL

Applies to

Notice

If no statement of proposed distribution is filed, the notice must briefly state the reasons.

(If no statement of proposed distribution is filed, the notice shall contain a brief statement of the reasons.)

CRITICAL

Applies to

Withdrawal petition

In other withdrawal cases, the attorney must obtain court approval by petition for a rule on the client.

(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.

CRITICAL

Applies to

Certificate of service

After service, you must complete form #5, the Certificate of Service, and file it with 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.

CRITICAL

Applies to

Statement of proposed distribution

If distribution in kind is proposed, the distributees’ consents must accompany the statement.

If distribution in kind is proposed, consents of the distributions must accompany the statement.

CRITICAL

Applies to

Withdrawal of appearance

In other cases, an attorney must obtain court approval to withdraw by petitioning for a rule on the client.

(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.

CRITICAL

Applies to

Petition

A family exemption proceeding must be brought by petition presented to the court.

Procedure shall be by petition presented to the court.

CRITICAL

Applies to

Notice of account filing

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.

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.

CRITICAL

Applies to

Witness fee bill

A witness claiming attendance fees or mileage must file a bill with the Clerk of Courts certifying the attendance dates and round-trip mileage between the witness’s residence and the courthouse.

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;

CRITICAL

Applies to

Custody complaint

File the original and one copy of the custody complaint in the Prothonotary’s Office.

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.

CRITICAL

Applies to

Statement of proposed distribution

If the proposed distribution depends on a will or other instrument, attach a plain copy to 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.

CRITICAL

Applies to

Statement of proposed distribution

For a disputed or fairly disputable proposed distribution, the accountant must explain the dispute or questions and state the position supporting the distribution.

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.

CRITICAL

Applies to

Praecipe for final judgment

Proof of publication must be attached to the praecipe for final judgment.

proof thereof attached to the praecipe for final judgment.

WARNING

Applies to

Custody forms

For questions with two parenthetical answer choices, cross out the incorrect choice and write in the correct answer.

On some questions, you are given two possible answers in parenthesis. Cross out the one that is wrong. Write in the correct answer.

WARNING

Applies to

Affidavit

You should also file an original and one copy of the Affidavit.

You should also file an original and one copy of the Affidavit.

WARNING

Applies to

Withdrawal of appearance

An attorney may withdraw an appearance if the party provides written approval and an address for subsequent pleadings, or consents while another attorney appears at the same time.

(2) An attorney may withdraw his appearance for a part (i) if such withdrawal is accompanied by a written approval of the party and an address 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.

WARNING

Applies to

Itemized statement

If the specified materials are not objected to in writing five days before trial, proof of them is not required 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.

WARNING

Applies to

Custody forms

If an answer is unknown, the form must be marked “unknown.”

If you do not know the answer, mark “unknown”.