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

CRITICAL

Applies to

Guardian or trustee ad litem application

An application to appoint a guardian or trustee ad litem must be made by a separate petition filed and presented before the account is filed.

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

Divorce decree

For covered divorce proceedings begun after January 15, 1998, a decree may not be entered unless the Court Administrator files a certification of the parties' completion of an approved program, unless the court orders otherwise.

- (a) 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

Witness fee bill

A witness claiming fees or mileage for court attendance must file a bill with the Clerk of Courts containing the listed certifications.

- (a) 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; - (3) that the witness was subpoenaed; - a. that the witness has not received other witness fees for other cases conducted on the same day; - b. that the witness was not a defendant in another prosecution called for trial on the same day; and - c. that the witness is not a salaried police official.

CRITICAL

Applies to

Abuse victim addendum

When necessary, abuse-victim information must be provided on a separate Abuse Victim Addendum.

If necessary, this information must be provided on the separate Abuse Victim Addendum.

CRITICAL

Applies to

Certificate of service

Complete the Certificate of Service form after service is made.

After service is made, Complete form – “Certificate of Service”.

CRITICAL

Applies to

Statement or account

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

Custody form 3

The form states that unless an applicable box is checked, the filer and household members have no listed history of violent or abusive conduct or Children & Youth Agency involvement.

2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct or involvement with a Children & Youth Agency including the following:

CRITICAL

Applies to

Notice of inability to serve as arbitrator

An attorney unable to serve on an arbitration panel must inform the chairman in writing.

If an attorney shall be unable to serve on an arbitration panel, he or she shall so inform the Chairman of the Board in writing.

CRITICAL

Applies to

Filing

The Abuse Victim Addendum must accompany a filing when an abuse victim provides confidential information in a family court action in the stated circumstances.

The Abuse Victim Addendum shall accompany a filing where confidential information is being provided by an abuse victim, as defined in this policy, in family court actions (see Pa.R.Civ.P. 1931(a)), as required by law, ordered by the court, or otherwise necessary to effect the disposition of a matter.

CRITICAL

Applies to

Praecipe for final judgment

Proof of publication must be attached to the praecipe for final judgment when the stated conditions apply.

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.

CRITICAL

Applies to

Withdrawal of appearance

An attorney may withdraw an appearance if the party provides written approval and a service address, or consents while another attorney enters an appearance at the same time.

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

Custody complaint and affidavit

All information and questions in the Complaint and Affidavit must be completed, even when information is repeated.

(c) 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

Search warrant application

A search warrant application must have an attorney for the Commonwealth’s approval before filing to be eligible for issuance.

- (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

Counsel may withdraw from representing a defendant 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

Criminal record abuse history verification

The defendant is notified to provide the Court with Criminal Record/Abuse History Verifications for all adults residing with the defendant.

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

CRITICAL

Applies to

Statement of proposed distribution

A plain copy of any will or other instrument on which the proposed distribution depends must be attached 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

The statement must identify proposed distributees, their dollar amounts and applicable fractional shares, and the reasons for the proposed awards.

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

Give the Clerk a telephone number so the Clerk can contact you about the Judge’s In Forma Pauperis decision.

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.

CRITICAL

Applies to

Petition for rule

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

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

Self represented party entry of appearance

The self-represented party entry-of-appearance form must be filed.

This form must be filed

CRITICAL

Applies to

Custody complaint

Use only the children’s initials in the custody complaint’s child-identification table.

CHILDREN'S INITIALS ONLY

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

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

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

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

Complaint and affidavit

A complete address must be provided for each party named in the matter.

a complete address for each party named in the matter MUST be provided.

CRITICAL

Applies to

Exception

Exceptions must be written, filed with the Clerk, and simultaneously submitted 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.

CRITICAL

Applies to

Account

An application to dispense with a guardian or trustee ad litem appointment must be made in an account addendum 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

Affidavit of mailing

An affidavit confirming that the notice was mailed must be filed.

an affidavit of mailing of notice shall be filed.

CRITICAL

Applies to

Criminal record abuse history verification

Provide all applicable information and sign and date page 5 of the Criminal Record/Abuse History Verification.

Please make sure to provide all applicable information and sign and date page 5.

CRITICAL

Applies to

Praecipe

For repair-cost-only damages, the plaintiff's praecipe must waive other damages and the affidavits specified in subdivisions (2) and (3) must be filed for assessment.

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.

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

Petition for appointment of guardian

The proposed guardian’s consent must be attached to the appointment petition and include the specified personal, eligibility, and conflict-of-interest statements.

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. - 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

Custody complaint

The custody complaint must include Criminal Record/Abuse History Verifications for the plaintiff and all adults living in the plaintiff’s household as Exhibit A.

18. Criminal Record/Abuse History Verification for Plaintiff and all adults living in Plaintiff's household are attached as Exhibit "A."

CRITICAL

Applies to

Custody form 3

Custody Form 3 instructs the filer to check applicable criminal-history items and identify who they concern, the relevant date or pending charge, and the sentence.

| Check all that apply | Crime | Self | Other household member | Date of conviction, guilty plea or no contest plea, or pending charges | Sentence |

CRITICAL

Applies to

Protection from abuse order

Each covered order must state that the petition hearing is scheduled for the next business day at 8:00 a.m. before the Court of Common Pleas.

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

Notice of account filing

Notices of account filings or proposed distributions must follow the prescribed form and include a copy of the proposed distribution statement when required; if none is filed, the notice must briefly state why.

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. (If no statement of proposed distribution is filed, the notice shall contain a brief statement of the reasons.) 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. (Attorney or Counsel of Record)"

CRITICAL

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

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

CRITICAL

Applies to

Petition

A family-exemption matter must proceed by petition presented to the court.

Procedure shall be by petition presented to the court.

CRITICAL

Applies to

Statement of proposed distribution

The statement of proposed distribution must accompany the related account 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.

CRITICAL

Applies to

Publication notice

A publication notice 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

Praecipe

Appointment of a Divorce Master follows receipt of a praecipe from a party who has complied with the applicable financial-information filing provisions and receipt of the specified fee.

- (b) Upon receipt of a praecipe from a party who has complied 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, concerning the filing of certain financial information, and upon receipt of the fee herein below specified, the court shall enter an order appointing a Master to hear such matters as shall be at issue in the case, and the Prothonotary shall cause the file in the said matter to be transmitted to the Master.

CRITICAL

Applies to

Criminal complaint and arrest warrant affidavit

For the listed offenses, police criminal complaints and arrest warrant affidavits require approval by an attorney for the Commonwealth before filing.

The District Attorneys of Wyoming County and Sullivan County having filed a certification pursuant to Pa.R.Crim.P. 101A, criminal complaints, and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging one or more of the following offenses, shall not hereafter be accepted by any judicial officer unless the complaint and affidavit have the approval of an attorney for the Commonwealth prior to filing: - (a) Criminal Homicide in violation of 18 PA.C.S. Section 2501; Murder of any degree in violation of 18 Pa.C.S. Section 2502; Voluntary Manslaughter in violation of 18 Pa.C.S. Section 2503; or Involuntary Manslaughter in violation of 18 Pa.C.S. Section 2504; or - (b) All offenses specified in Chapter 31 of the Pennsylvania Crimes Code (sex offenses). - (c) Homicide by Motor Vehicle in violation of 75 P.S. Sections 3732 and 3735; Aggravated Assault by Vehicle (DUI related) in violation of 75 Pa.C.S.A. Section 3735.1; or - (d) Aggravated Assault in violation of 18 Pa.C.S.A. Section 2702. - (e) All offenses specified in Chapter 37 of the Pennsylvania Crimes Code (robbery and related offenses).

CRITICAL

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

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

CRITICAL

Applies to

Custody action forms

The packet’s required forms include enrollment in the mandatory education program and an Application to Proceed In Forma Pauperis and Affidavit.

The second form is the enrollment for the mandatory education program. The third is an Application to Proceed In Forma Pauperis and Affidavit. ("Application")

CRITICAL

Applies to

Certificate of service

File the completed Certificate of Service with the Prothonotary Office; the sender’s receipt and Green Card should be stapled to it.

The completed Certificate of Service form must be filed with the Prothonotary Office. The sender’s receipt and green card should be stapled to the Certificate of Service.

CRITICAL

Applies to

Praecipe

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

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

CRITICAL

Applies to

Notice to defendant

Notices to defendant under the specified Pennsylvania Rule must name the Prothonotary for the applicable county branch and use the listed courthouse address.

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

Confidential information, including the listed identifiers and abuse-victim information, must be omitted from court or custodian filings unless provided on a Confidential Information Form filed at the same time.

The following information is confidential and shall not be included in any document filed with a court or custodian, except on a Confidential Information Form filed contemporaneously with the document: - 1. Social Security Numbers - 2. Financial Account Numbers, except an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified. "Financial Account Numbers" include financial institution account numbers, debit and credit card numbers, and methods of authentication used to secure accounts such as personal identification numbers, user names and passwords. - 3. Driver License Numbers - 4. State Identification (SID) Numbers - 5. Minors' names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355). "Minor" is a person under the age of eighteen. - 6. Abuse victim's address and other contact information, including employer's name, address and work schedule, in family court actions as defined by Pa.R.Civ.P. 1931(a), except for victim's name. "Abuse Victim" is a person for whom a protection order has been granted by a court pursuant to Pa.R.Civ.P. 1901 et seq. and 23 Pa.C.S. § 6101 et seq. or Pa.R.Civ.P. 1951 et seq. and 42 Pa.C.S § 62A01 et seq. If necessary, this information must be provided on the separate Abuse Victim Addendum. Please note there are separate instructions for the completion of the Addendum located on the form.

CRITICAL

Applies to

Custody case forms

Complete the forms in full and leave no blank spaces.

Complete these forms entirely. Do not leave any blank spaces.

CRITICAL

Applies to

Surety justification

When an individual surety is used on a bond, a surety justification must be filed with the appropriate court office.

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

Account confirmation advertisement

The Clerk's advertisement of an account confirmation must state the confirmation date and time, estate name, and accountants' names and capacities.

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.

CRITICAL

Applies to

Appeal

An appeal from a civil judgment of a magisterial district judge must be accompanied by stamped, pre-addressed envelopes for the listed recipients.

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:

CRITICAL

Applies to

Custody complaint

Children’s names in the custody action must be identified by initials only.

The first form is a Complaint for Custody. ("Complaint") It gives the court all the facts it needs to start the action. *Children names within this action must be identified by initials only.

CRITICAL

Applies to

Repairman affidavit

The repair praecipe must include a repairman's affidavit containing an itemized bill and specified statements about qualifications, necessity, and repair charges.

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 price for labor and material were fair and reasonable and those customarily charged.

CRITICAL

Applies to

Support agreement

If the parties reach an agreement for support at the amount suggested by the initiating court, the respondent or defendant must sign it and submit it 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

Petition

A small-estate settlement petition must state the specified facts about the petitioner, decedent, estate, interested persons, creditors, taxes, and proposed distribution.

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 decedent's estate under the will or intestate laws, stating which are minors, incompetent or deceased, with the names of the fiduciaries. 5. The person, if any, entitled to a family exemption and the facts on which their claim is based. 6. 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. 7. 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. 8. 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. 9. A statement regarding Pennsylvania Inheritance and Estate Taxes, its calculation and the amount paid thereof. 10. 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

Criminal record abuse history verification

Complete and attach a Criminal Record/Abuse History Verification for each person aged 18 or older living with you, including yourself.

The forth form is a Criminal Record/Abuse History Verification ("Verification"). 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

Certificate of compliance

Sign the Certificate of Compliance regarding confidential information.

Sign the Certificate of Compliance regarding confidential information.

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

Child custody complaint

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

- (f) 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

Objection

Objections to an account or statement of proposed distribution must be in writing.

All objections to an account and/or statement of proposed distribution shall be in writing.

CRITICAL

Applies to

Custody complaint

File the original Complaint for Custody and one copy in the Prothonotary’s Office.

(b) 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

Entry of appearance

Must include

caption

Complete the caption and all personal information on the Entry of Appearance of Self-Represented Party.

Complete the caption and all personal information.

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

Omnibus pretrial motion or motion to suppress

Covered omnibus pre-trial motions and motions to suppress must include a brief or memorandum of law unless allowed at trial.

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

Complaint for custody

File the original Complaint for Custody and one copy in the Prothonotary’s Office.

The original and one copy of the Complaint for Custody must be filed in the Prothonotary's Office.

CRITICAL

Applies to

Petition

Exhibits: The following exhibits shall be attached to the petition, in addition to the above:

Exhibits: The following exhibits shall be attached to the petition, in addition to the above:

CRITICAL

Applies to

Custody case forms

Provide approximate dates and addresses for the children's past residences.

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

CRITICAL

Applies to

Confidential information form

Must include

caption, case number

Complete the Confidential Information Form with the case caption, docket number, and information regarding the children.

Complete the Confidential Information Form by providing the required information regarding the case caption, docket number and children.

CRITICAL

Applies to

Statement or account

Proof of other required reports, notices, or filings must be addressed in an appropriate affidavit attached to the statement or, if none is filed, the account.

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

Notice of hearing

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

- (c) 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

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

Custody case forms

A person 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

Pre trial memorandum

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.

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

Complaint and affidavit

The Complaint and Affidavit forms must be completed with all information and every question answered.

All information must be given. All the questions must be answered

CRITICAL

Applies to

Statement of proposed distribution

If the proposed distribution is disputed or raises fairly disputable questions known or reasonably ascertainable to the accountant, the statement must explain the issue and the accountant's position justifying 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

Master report

The Master's report must state the fee due and allocate payment responsibility to one or both parties.

The Master shall specify in his or her report to the court the amount of Master's fee due and shall allocate responsibility for such payment to one or both parties.

CRITICAL

The defendant must submit the materials specified in the following text to the Domestic Relations Office on its specified date, 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:

CRITICAL

Applies to

Post trial motion

A motion alleging errors not raised before or during trial must state why those errors should be allowed as grounds for post-trial motions.

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

Custody complaint

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

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

Custody complaint

The form must include the Plaintiff's name, the Defendant's name, and the county where the court is located.

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

CRITICAL

Applies to

Criminal record abuse history verification

The form includes a verification that the information is true to the signer's knowledge, with notice of the penalties for false statements.

I verify that the information above is true and correct to the best of my knowledge, information or belief. 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

Affidavit

The affidavit includes a verification that its statements are true and correct and subject to the stated penalties for unsworn falsification.

I verify that the above statements are true and correct, and are made subject to the penalties of 18 Pa.C.S.A § 4904, relating to unsworn falsification to authorities.

WARNING

Applies to

Criminal record abuse history verification

The Criminal Record/Abuse History Verification form asks the filer to list treatment received after a conviction or finding of abuse.

3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse.

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

If an answer is unknown, mark it “Unknown.”

If you do not know the answer, mark "Unknown".

WARNING

Applies to

Custody case forms

For questions with two parenthesized answers, cross out the wrong answer and write in the correct one.

(e) 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

Criminal record abuse history verification

The form asks the filer to explain any known criminal record or abuse history of the other party or members of that party's household.

5. If you are aware that the other party or members of the other party's household has or have a criminal record/abuse history, please explain:

WARNING

Applies to

Annual court calendar

The annual court calendar must state the times for accounts for confirmation and approval.

(1) The annual court calendar shall state times at which accounts for confirmation and approval.

WARNING

Applies to

Affidavit

The affidavit instructs the Plaintiff to check one of the statements about whether children of the marriage are under eighteen.

(Check one) _____ There are no Children born of this marriage who are now under the age of eighteen (18) years. _____ The following children born of this marriage are presently under the age of eighteen (18) years.

WARNING

Applies to

Self represented party entry of appearance

Complete the entry-of-appearance form with the specified case, party, and contact information; the contact address need not be the filer’s home address, and the counsel-removal section applies if relevant.

Box 1. Print the name of the county in which the case is filed. Box 2: Print the name of plaintiff exactly as is appears on the Complaint. Box 3. Print the docket number that the office where legal pleadings are filed wrote on Complaint at the time of filing. Box 4: Print the name of the defendant exactly as is appears on the Complaint. Box 5: Check whether this is a custody case or a divorce case. Box 6: Print your name and check whether you are the plaintiff or the defendant. Box 7: If you were represented by an attorney in this case, and no longer want his or her representation, check here. The attorney may also complete this section. Box 8: Complete this section with an address and telephone so that you receive court papers, either from the court or from another party. This address does not need to be your home address.

WARNING

Applies to

Criminal record abuse history verification

The criminal record and abuse history verification form calls for a sworn statement, under penalties including unsworn falsification, addressing listed convictions and pending charges for the signer and household members.

I, _____, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges:

WARNING

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

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

Custody case forms

Mark an answer as “unknown” when you do not know it.

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

WARNING

Applies to

Custody affidavit

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

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

WARNING

Applies to

Entry of appearance

Complete the Removal or Withdrawal portion only if it applies.

The middle portion (Removal or Withdrawal) should only be completed if applicable.

WARNING

Applies to

Criminal record abuse history verification

If a conviction applies to a household member who is not a party, the form asks for that person's name, birth date, and relationship to the child.

4. If any conviction above applies to a household member, not a party, state that person's name, date of birth, and relationship to the child.

WARNING

Applies to

Confidential information form

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

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

WARNING

Applies to

Complaint

You should keep two copies of the complaint: one to serve on the other party and one for yourself.

You should keep two copies of the complaint- one to serve on other party and one for yourself.

INFO

Applies to

Complaint for custody

The Prothonotary sends the filed Complaint for Custody copy to the Court Administrator.

The copy will be sent to the Court Administrator by the Prothonotary.

INFO

Applies to

Abuse victim addendum

Attach additional pages to the Abuse Victim Addendum when necessary.

Attach additional page(s) if necessary.