Philadelphia Court of Common Pleas Document Filing Requirements

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Legal paper

Electronic filings must include a signature block, with the filer's name preceded by '/s/' typed where the signature would appear.

The legal paper must include a signature block, and the name of the filer under whose User Name, Password and PIN the legal paper is submitted must be preceded by a “/s/” and typed in the space where the signature would otherwise appear.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Verification

Verifications and signature pages of documents executed by non-filing parties must be scanned and attached as PDF to the electronic filing.

The Verification required by Pa.R.C.P. Nos. 206.1 and 1024 and the signature page(s) of any document or legal paper executed by any party other than the filing party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Multi signature document

Documents requiring signatures of more than one party must be scanned and attached as PDF to the electronic filing.

Documents requiring signatures of more than one party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Legal paper

Each electronically filed legal paper must include a signature block with the filer's name preceded by '/s/' typed where the signature would otherwise appear.

The legal paper must include a signature block, the name of the filer under whose User Name, Password, and PIN the legal paper is submitted, preceded by a “/s/” and typed in the space where the signature would otherwise appear.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Legal paper

Verifications and signature pages of documents executed by parties other than the filing party must be scanned and attached to the electronic filing in PDF format at submission.

The Verification required by Pa.R.Civ.P. 1024, 1930.1(b), and any other applicable Rule of Civil Procedure, and the signature page(s) of any document or legal paper executed by any party other than the filing party, must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Legal paper

E-filed legal papers must include a signature block with the filer's name preceded by '/s/'.

(i) Filing Party. The legal paper must include a signature block, the name of the filer under whose User Name and Password the legal paper is submitted, preceded by a “/s/” and typed in the space where the signature would otherwise appear.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Legal paper

Verifications and signature pages executed by clients or others must be scanned and attached to e-filings in PDF format.

(ii) Client Verifications and Documents executed by Clients or other persons. The Verification required by Pa.R.Civ.P. 1024, 1930.1(b), and any other applicable Rule of Civil Procedure, and the signature page(s) of any document or legal paper executed by any party other than the filing party, must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

Checked against the court's document on Sep 21, 2026CRITICAL

Applies to

Legal paper

Documents requiring multiple signatures must be scanned and attached to e-filings in PDF format.

(iii) Documents requiring signatures of more than one party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

Checked against the court's document on Sep 21, 2026WARNING

Applies to

Entry of appearance

Upon reinstatement, the formerly admitted attorney must file a new entry of appearance in every case where he/she will serve as attorney of record.

In the event the said formerly admitted attorney is reinstated, a new entry of appearance shall be filed in every case in which he/she will be the attorney of record.

Checked against the court's document on Sep 21, 2026WARNING

Applies to

Affidavit of service

The Affidavit of Service must set forth the client's current address.

he/she shall set forth in the Affidavit of Service the client's current address.

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Applies to

Petition for waiver of transcript costs

In matters not under appeal, where the transcript is not necessary to advance the litigation: the requesting party must file a Petition for Waiver of Transcript Costs and must demonstrate reasonable need before the court shall waive or reduce the cost of obtaining the transcript.

Summary: In matters not under appeal where the transcript is not necessary to advance litigation, a party must file a Petition for Waiver of Transcript Costs and demonstrate reasonable need to obtain a waiver or reduction.

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Applies to

Authorized representative authorization ?

Authorized Representative—An authorized representative is an individual who is an agent of a party, has personal knowledge of the subject matter of litigation, and files a written authorization with the Court prior to the commencement of trial. A written authorization shall be signed by a party and the party’s authorized representative. It shall specify the nature and extent of the authority that the party has given to the authorized representative. A valid written authorization must be filed with the Court before an authorized representative may take any actions on behalf of a party. An approved written authorization form is attached to these rules.

Summary: A written authorization, signed by both the party and the authorized representative and specifying the authority granted, must be filed with the Court before the representative may act on the party's behalf.

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Applies to

Claim fact sheet

e. The Claim Fact Sheet shall be substantially in the following form: TO THE CLAIMANT: All questions must be answered. Information not supplied may not be introduced at the time of the trial.

Summary: The Claim Fact Sheet must be substantially in the prescribed form and all questions must be answered.

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Applies to

Complaint

3. The complaint shall set forth: (a) The names, street and email addresses of the parties and of any counsel representing the parties; (b) The location and the address of the leased property, possession of which the plaintiff is seeking; (c) That the plaintiff is the owner of the leased property; (d) That the plaintiff leased the property for a specified term to the defendant or to some other person under whom the defendant claims a leasehold interest; (e) That notice to vacate was provided to the defendant in accordance with law or that no notice was required under the terms of the lease; (f) That rent reserved and due, upon demand, remains unsatisfied, that the term for which the property was leased has been terminated by the plaintiff or ended, that a forfeiture has resulted by reason of a breach of a condition of the lease other than nonpayment of rent, and/or that the defendant is responsible for damages to the leased property or the plaintiff's personal property; (g) That the defendant retains possession of the leased property and refuses to surrender possession of the leased property; (h) The amount of rent, if any, which remains due and unpaid on the date the complaint is filed, whatever additional rent remains due and unpaid on the date of the trial, and/or the amount, if any, claimed for damages to the leased property and/or the plaintiff's personal property; (i) That, if applicable, the case involves a subsidized lease or a Low Income Tax Credit unit; (j) That, if applicable, the landlord is in compliance with the requirements of those sections of the Philadelphia Code that relate to Certificates of Rental Suitability, the City of Philadelphia Partners for Good Housing Handbook and Rental Licenses; (k) Pertinent information relating to the City of Philadelphia's Lead Paint Disclosure Law; and (l) Pertinent information relating to the fitness of the leased property for its intended purpose and to any notices of Philadelphia Code violations issued by the Department of Licenses and Inspections.

Summary: A landlord-tenant complaint must set forth the specific allegations listed in items (a) through (l).

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Applies to

Complaint

4. Attached to the complaint shall be: (a) A copy of any written lease or a statement as to why a written lease is unavailable; (b) A copy of the Rental License which was in force during any time that the plaintiff is seeking to collect rent and is in force at the time of filing; (c) A copy of the Certificate of Rental Suitability that was provided to the defendant; (d) A copy of any notice to vacate that was provided to the defendant; (e) A copy, if applicable, of any relevant power of attorney, authorized representative form or other document showing that the person who specifies the complaint is authorized by the plaintiff to do so.

Summary: A landlord-tenant complaint must attach the written lease, rental license, certificate, notice to vacate, and any authorization documents.

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Applies to

Complaint for damages

a. Complaints for damages as a result of injuries to persons or property, if in excess of $2,000, shall have annexed thereto a completed Claim Fact Sheet, verified by the claimant.

Summary: Complaints seeking more than $2,000 in personal earlier property damages must include a completed Claim Fact Sheet verified by the claimant.

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Applies to

Claim fact sheet

d. Information not included in the Claim Fact Sheet shall not be admissible at trial.

Summary: Information omitted from the Claim Fact Sheet is not admissible at trial.

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Applies to

Authorization form

an individual must file an appropriate authorization form prior to the commencement of trial in order to act as an authorized representative

Summary: An authorized representative must file an authorization form before trial begins.

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Applies to

Nuisance complaint

Nuisance Complaints shall be made upon printed forms approved by the Municipal Court Administrator, be verified by the plaintiff and shall set forth: 1. the names and addresses of the parties, including whether plaintiff resides or operates a business within 500 feet of defendant; 2. a brief, concise statement of the relevant and admissible facts, occurrences and transactions upon which the claim is based and damages sustained, including relevant times, dates and places; 3. whether plaintiff personality witnessed the conduct complained of; 4. whether any governmental agencies have been contacted about the conduct complained of; 5. a request for the issuance of an Order restraining the conduct complained of or other appropriate relief; 6. such other information as is required by the Court.

Summary: Nuisance complaints must be on approved printed forms, verified by the plaintiff, and set forth specified content.

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Applies to

Nuisance complaint

Nuisance Complaints shall have annexed thereto a completed Nuisance Complaint Fact Sheet, verified by the Plaintiff, and containing such information as required by the Court.

Summary: Nuisance complaints must have a completed, plaintiff-verified Nuisance Complaint Fact Sheet annexed.

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Applies to

Nuisance complaint

Must include

proposed order

A Rule to Show Cause-Summons and proposed Order shall be annexed to every Nuisance Complaint. If the Rule to Show Cause-Summons is denied, the reason for the denial shall be stated by the Court.

Summary: Every nuisance complaint must have a Rule to Show Cause-Summons and proposed Order annexed.

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Applies to

Rule to show cause

Must include

proposed order

Proceedings to enforce compliance with a Court Order or to adjudge a party guilty of contempt shall be initiated by the filing of a Rule to Show Cause, Petition and proposed Order.

Summary: Enforcement and contempt proceedings must be initiated by filing a Rule to Show Cause, Petition, and proposed Order.

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Applies to

Administrative search warrant application ?

The name of the Affiant, identification number, Agency name, address and telephone number shall be set forth in the Application.

Summary: The Application for an Administrative Search Warrant must set forth the affiant's name, identification number, agency name, address, and telephone number.

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Applies to

Administrative search warrant application ?

The property to be entered, inspected or searched must be identified and described in as much detail as possible. The description shall include the street address as well as the specific area within the property if necessary.

Summary: The Application must identify and describe the property in detail, including the street address and the specific area within the property if necessary.

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Applies to

Administrative search warrant application ?

The property owner, occupant, or possessor as disclosed in available property records or other registrations (such as rental agent or business owner) shall be identified.

Summary: The Application must identify the property owner, occupant, or possessor as disclosed in available property records or registrations.

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Applies to

Administrative search warrant application ?

The specific factual and legal reasons for entry, inspection or search must be set forth in as much detail as possible, and any alleged statutory violation or ordinance violation must be identified. In the event a Code Enforcement violation or other legal proceedings are pending, the case number must be provided.

Summary: The Application must set forth specific factual and legal reasons for entry, identify any alleged statutory or ordinance violation, and provide the case number if proceedings are pending.

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Applies to

Administrative search warrant application ?

The affiant shall set forth with specificity the factual reasons which necessitate the entry, inspection or search, such as a violation of a city building, fire or other code with an adverse effect on the public health, safety or welfare. The affiant shall include a statement as to whether the property at issue was previously inspected and if so, the date of such inspection and shall attach any documentation or other description of the results of such inspection.

Summary: The Application must set forth reasonable cause with specificity, including a statement of any prior inspection with its date, and attach documentation of inspection results.

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Applies to

Entry of appearance

Counsel for defendant shall file with the Attorney Filing Unit an entry of appearance (see form which follows this Local Rule), identifying the citations for which counsel has been retained. The entry of appearance shall include the attorney's office address and electronic mail address, phone number, and the Supreme Court attorney identification number.

Summary: Counsel must file an entry of appearance with the Attorney Filing Unit identifying the citations and including the attorney's office address, email, phone number, and Supreme Court attorney ID.

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Applies to

Entry of appearance

An entry of appearance seeking to limit representation to a specific hearing shall not be accepted.

Summary: Entries of appearance limited to a specific hearing will not be accepted.

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Applies to

Withdrawal request ?

Counsel for a defendant may not withdraw his or her appearance except by leave of court. The request shall be in writing (see form which follows this Local Rule), or may be made orally in open court in the presence of the defendant.

Summary: Counsel may withdraw only with leave of court, by written request or orally in open court in the defendant's presence.

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Applies to

Waiver of counsel form

The Waiver of Counsel Form executed by a defendant pursuant to Pa.R.Crim.P. 121 shall be as follows:

Summary: A defendant's waiver of counsel must be executed on the court's Waiver of Counsel Form pursuant to Pa.R.Crim.P. 121, which must advise the defendant of the right to counsel and to free appointed counsel, possible license suspension and imprisonment, the binding rules of procedure, possible defenses, and rights that may be lost if not timely asserted; the form must include the defendant's knowing, voluntary, and intelligent waiver and a certification of that waiver.

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Applies to

Sentencing order ?

Every defendant shall be given a copy of the written order imposing sentence issued as required by Pa.R.Crim.P. 454(E).

Summary: Every defendant must receive a copy of the written sentencing order.

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Applies to

Sentencing order

The Traffic Division judges and hearing officers shall use sentencing orders substantially in the form set forth below whenever a period of incarceration is entered as part of the sentence.

Summary: Judges and hearing officers must use the specified sentencing order form whenever incarceration is part of the sentence.

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Civil cases

Applies to

Affidavit ?

Must include

local rule certificate ?

I, _____________________________________, the undersigned applicant, hereby certify that I possess the minimum qualifications to serve as a Parenting Coordinator as established by Pa.R.C.P. 1915.11-1(b) and the 5 County Compact entered into by Philadelphia, Bucks, Montgomery, Delaware and Chester Counties, as follows:

Summary: Parenting Coordinator applicants must submit an affidavit certifying qualifications, training, insurance, and fee acknowledgment.

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Civil cases

Applies to

Praecipe to transmit record

Must include

proposed order, certificate of service ?

Unless previously filed of record, the following documents shall be filed along with the Praecipe to Transmit Record after all economic claims of record have been resolved or withdrawn: (1) if the action is brought under Section 3301(c), the Affidavits required under Pa.R.C.P. 1920.42(a)(1); (2) if the action is brought under Section 3301(d), the Affidavit required under Pa. R.C.P. 1920.42(a)(2); (3) an Affidavit of Service as to the Complaint; (4) in the case of actions brought under Section 3301(d), an Affidavit of Service as to the Affidavit required under Pa.R.C.P. 1920.42(a)(2); (5) a proposed Final Decree in Divorce; (6) if the proposed Final Decree in Divorce purports to incorporate a written agreement between the parties, a true and correct copy of the fully executed agreement; (7) a stamped pre-addressed envelope addressed to the counsel of each represented party or, if unrepresented, to each unrepresented party; (8) if the Defendant has failed to appear or has not filed an Affidavit of Consent in the action, an Affidavit of Non-Military Service; (9) a copy of the Notice of Intent to File Praecipe that was earlier sent to the opposing party or to his or her counsel of record; and (10) current docket entries.

Summary: Praecipe to Transmit Record must be accompanied by specified documents including affidavits, proposed final decree, and other items.

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Civil cases

Applies to

Hearing notice ?

The written notice of said hearing shall clearly state that failure of the non-moving party to appear at the scheduled time will result in the dismissal of all objections and claims raised in the Counter-affidavit and the entry of a Final Decree in Divorce without additional notice to that party.

Summary: The hearing notice must state that failure to appear will result in dismissal of objections and entry of Final Decree.

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Civil cases

Applies to

Motion

Must include

proposed order, certificate of service ?

When a party wishes to proceed under fault grounds for Divorce or an Annulment, said party shall file a “Motion for Divorce Hearing on Fault Grounds or for Annulment” accompanied by a certification of service and a proposed Order of assignment setting forth the issues to be referred by the Court to the Master.

Summary: A Motion for Divorce Hearing on Fault Grounds or Annulment must be accompanied by a certification of service and a proposed Order of assignment.

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Civil cases

Applies to

Uncontested proceeding

In uncontested proceedings, the moving party shall be prepared to present the following to the Master on the day of the hearing: (i) an Affidavit setting forth jurisdictional facts; (ii) a separate narrative Affidavit setting forth the specific facts relied upon as the basis for the fault allegations in the case, or where an Annulment is requested, the facts establishing grounds for such relief under Sections 3304 or 3305; (iii) in cases where no appearance of record has been entered for the defendant, an Affidavit of Non-Military Service as required by the Soldiers' and Sailors' Civil Relief Act; and (iv) in actions for Indignities under Section 3301(a)(6), a Certification of Counseling Notice.

Summary: In uncontested proceedings, the moving party must present specific affidavits and certifications to the Master at the hearing.

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Civil cases

Applies to

Master report ?

Must include

proposed order ?

Such copies shall be accompanied by a proposed Decree and notice informing the parties that either side may file exceptions to the Report within twenty (20) days of the date said Report is filed.

Summary: Copies of the Master's Report must be accompanied by a proposed Decree and notice of the 20-day exceptions deadline.

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Civil cases

Applies to

Certification for hearing

it shall be the responsibility of the parties to dispose of such issues through the filing of a Certification for Hearing pursuant to Pa.R.C.P. 1920.51.

Summary: Parties must file a Certification for Hearing pursuant to Pa.R.C.P. 1920.51 to dispose of economic issues.

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Civil cases

Applies to

Notice of appearance ?

the entry of appearance by an attorney on behalf of a party, which shall be substantially in the following form:

Summary: Attorneys must file an entry of appearance on behalf of a party with the Clerk of Family Court using the prescribed form.

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Civil cases

Applies to

Notice of appearance ?

the entry of an appearance by a self-represented party pursuant to Pa.R.C.P.1930.8; which shall be substantially in the following form:

Summary: Self-represented parties must file an entry of appearance pursuant to Pa.R.C.P.1930.8 with the Clerk of Family Court using the prescribed form.

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Civil cases

Applies to

Verified petition

Must include

proposed order ?

In the event these records are required as evidence in a civil, criminal, administrative or disciplinary proceeding, a verified petition setting forth specific reasons why the record is needed must be filed with the Administrative Judge of Family Court Division or his judicial designee. An appropriate Order must accompany the petition.

Summary: To use impounded Family Court records as evidence, a verified petition stating specific reasons must be filed with the Administrative Judge, accompanied by an appropriate Order.

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Civil cases

Applies to

Request for support arrears balance

The envelope containing the Form shall be clearly marked: “Request for Support Arrears Balance (Lien/Judgment Certification),”

Summary: The envelope for the Request for Support Arrears Balance form must be clearly marked with the specified text.

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Civil cases

Applies to

Payment submission ?

Amount” must be received in the form of a business check, cashier’s check, certified check, or money order made payable to “PA SCDU,” that clearly identifies the support obligor and the obligor’s social security number, the obligor’s PACSES member number, the case ID number(s) to which the payment is to be applied, and the amounts to be applied to each case.

Summary: Payment must be made by business check, cashier's check, certified check, or money order payable to PA SCDU and include specific identifying information.

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Civil cases

Applies to

Payment submission ?

The payment shall be accompanied by a copy of the “Request for Support Arrears Balance (Lien/Judgment Certification)” form that was completed and certified by the Family Division, and upon which the payment is based, and mailed to: PA SCDU, P.O. Box 69110, Harrisburg, Pa. 17106-9110.

Summary: Payment must be accompanied by a copy of the certified Request for Support Arrears Balance form and mailed to PA SCDU.

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Civil cases

Applies to

Certification request ?

In order to facilitate the search, the person or entity requesting the certification must submit sufficient information to identify the individual for whom the search is to be conducted, including that individual’s name, social security number, date of birth, and address.

Summary: Requests for certification must include the individual's name, social security number, date of birth, and address.

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Civil cases

Applies to

Continuance request ?

must submit a request for continuance in accordance with this Administrative Regulation within ten (10) calendar days from the date that the notice for the proceeding was served, and include a copy of the letter of unavailability that had been filed with the Clerk of Family Court.

Summary: A continuance request filed under this rule must include a copy of the attorney's letter of unavailability previously filed with the Clerk of Family Court.

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Civil cases

Applies to

Notice

The Notice shall be substantially in the form attached hereto as Exhibit “B.”

Summary: The Notice served with the Complaint must be substantially in the form of Exhibit B.

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Civil cases

Applies to

Complaint ?

Any consumer credit card debt collection action filed after June 1, 2026, must be identified as Consumer Credit Card Collection matter and attach a certification form. The certification form shall be substantially in the form of Exhibit “A.”

Summary: Consumer credit card collection actions filed on or after June 1, 2026 must be identified as such and attach a certification form substantially in the form of Exhibit A.

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Civil cases

Applies to

Certification form ?

Must include

local rule certificate ?

As required by General Court Regulation No. 2026-01, the undersigned verifies that: 1) Statute of Limitations: Based on reasonable inquiry, the applicable limitations period has not expired as of the date of the filing of the complaint. 2) Documentation of Debt: The name of the current debt holder: ____ 3) The date the original credit agreement was entered into by the defendant: ____ 4) The date the defendant defaulted: ____ 5) Documents establishing the existence, amount and terms and conditions applicable to the debt that is the subject of this action, including: a) Cardmember Agreement containing type of account, original creditor, any merchant brand or affinity brand, account number, interest rate and any applicable fees; b) Billing statement sent to the Defendant showing calculation of the balance; c) Written proof of any assignments of the contract. I verify that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities.

Summary: Consumer credit card collection complaints require a certification form under GCR No. 2026-01 verifying the statute of limitations, identifying the current debt holder, and providing documentation of the debt agreement, default, and statement notices.

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Criminal cases

Applies to

Written request for revocation

a. a written request for revocation shall be filed as required by Pa.R.Crim.P. 708(A);

Summary: Before a Gagnon II probation/parole revocation hearing is held, a written request for revocation must be filed as required by Pa.R.Crim.P. 708(A).

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Criminal cases

Applies to

Search warrant application ?

The District Attorney of Philadelphia County having filed a certification pursuant to Pa.R.Crim.P. 202, no search warrants shall be submitted to any judicial officer unless it has first been reviewed and approved by an attorney for the Commonwealth.

Summary: Search warrant applications must be reviewed and approved by a Commonwealth attorney before submission to any judicial officer.

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Criminal cases

Applies to

Criminal complaint or arrest warrant affidavit ?

The District Attorney of Philadelphia County having filed a certification pursuant to Pa.R.Crim.P. 507, criminal complaints and arrest warrant affidavits by police officers, as defined in the Rules of Criminal Procedure, charging any misdemeanor or felony shall not be submitted to any judicial officer unless it has first been reviewed and approved by an attorney for the Commonwealth.

Summary: Criminal complaints and arrest warrant affidavits charging a misdemeanor or felony must be reviewed and approved by a Commonwealth attorney before submission to any judicial officer.

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Criminal cases

Applies to

Application to modify bail ?

Must include

case number ?

An application for modification of bail shall be in writing and shall include the defendant's name, address, CPCMS number, the charges, the present bail, the date and name of the Judge or Arraignment Court Magistrate who presided at the Preliminary Arraignment or Municipal Court trial.

Summary: A bail modification application must be a written filing that includes the filing party's identifying information and the details of the bailed offense.

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Criminal cases

Applies to

Bail modification order ?

Must include

case number ?

At the conclusion of the hearing, whether stenographically recorded or not, the Judge shall issue a written order as to the amount and form of bail on a certificate provided by the clerk. Copies of the certificate which shall include the CPCMS number, shall be issued forthwith by the Court and a copy provided to counsel.

Summary: After a bail modification hearing, the judge must issue a written order on the clerk's certificate, and certificate copies must include the CPCMS number.

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Criminal cases

Applies to

Ex parte motion

The District Attorney's Office will file an ex parte motion pursuant Pennsylvania Rule of Criminal Procedure (Pa.R.Crim.P) 556.2 with one of the IGJ Supervising Judges requesting approval to have the case heard by the IGJ. The motion must allege that witness intimidation has occurred, is occurring, or is likely to occur in the case.

Summary: The District Attorney must file an ex parte motion with an IGJ Supervising Judge to request IGJ presentment, and the motion must allege witness intimidation has occurred, is occurring, or is likely to occur.

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Criminal cases

Applies to

Electronic filing

The Criminal Electronic Filing System will attribute the filing of an electronic legal paper to the party whose Username, Password and PIN is used to log on and file the legal paper. The following additional provisions govern the signature and verification of legal papers: (i) The signature of the filer on electronic filings shall be in the following form: /s/ Chris L. Smith.

Summary: Electronic filings are attributed to the party whose Username, Password and PIN were used, and the filer's electronic signature must appear in the form '/s/ Firstname Lastname'.

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Criminal cases

Applies to

Affidavit or verification

The sworn affidavit or verification required by Pa.R.P. (thinks) No. 575(A)(2)(g) and (B)(3)(d) shall be converted to a portable document format (hereinafter 'pdf') and shall be attached to the legal paper when it is electronically submitted.

Summary: A sworn affidavit or verification required by Pa.R.Crim.Rule 575(A)(2)(g) and (B)(3)(d) must be converted to PDF and attached to the electronic submission.

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Criminal cases

Applies to

Exhibits

Any exhibit or other legal paper that requires or contains multiple signatures shall be converted to a pdf and shall be attached to the legal paper when it is electronically submitted.

Summary: Exhibits or other documents requiring multiple signatures must be converted to PDF and attached to the electronic submission.

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Criminal cases

Applies to

Motion

Must include

local rule certificate ?

The electronic filing of a motion constitutes a certification pursuant to Pa.R.Crim.P. 575 that the filing party or attorney has read the motion, that to the best of the filing party's or attorney's knowledge, information and belief there is good ground or support for the motion, and that it is not interposed for delay.

Summary: Electronically filing a motion certifies under Pa.R.Crim.P. 575 that the filer has read it, there is good ground for it, and it is not filed for delay.

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Criminal cases

Applies to

Motion for return of property ?

Must include

case number ?

In the event criminal charges have been filed against the owner of the property or the person in possession of the property, the motion shall be filed utilizing the CPCMS number assigned to the underlying case. If criminal charges have not been filed against the owner or person in possession of the property, a Miscellaneous Docket number shall be assigned through CPCMS.

Summary: A motion for return of property must be filed using the underlying case's CPCMS number if charges were filed; otherwise, a Miscellaneous Docket number is assigned through CPCMS.

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Criminal cases

Applies to

Funeral attendance request ?

Requests to permit prisoners to attend the funeral of a family member shall initially be submitted to the Sheriff’s Office utilizing an approved form which contains all pertinent required information.

Summary: Prisoner funeral attendance requests must first be submitted to the Sheriff's Office on an approved form containing all required information.

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Criminal cases

Applies to

Transcript

Where a negotiated plea has been refused by the trial judge after hearing the facts of the case and the defendant is permitted to withdraw the guilty plea, the court clerk shall note on the transcript, with specificity, the District Attorney’s recommendation and that the plea bargain was declined by the judge.

Summary: When a negotiated guilty plea is refused and the defendant is allowed to withdraw it, the court clerk must note on the transcript with specificity the District Attorney’s recommendation and that the plea bargain was declined.

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Criminal cases

Applies to

Written request for firearm award ?

Awards shall only be made upon written request by the Police Department, the Sheriff’s Office or the Superintendent of Prisons to the Office of Judicial Records, who shall insert the request in the appropriate file prior to listing for trial.

Summary: Firearms confiscated under Rule *780 may be awarded to the Police Department, Sheriff's Office, or Superintendent of Prisons only upon a written request that is placed in the case file before trial listing.

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Criminal cases

Applies to

Motion to destroy drugs ?

C. A motion for an order of destruction of such drugs shall be in writing, have attached thereto a copy of the report of analysis, and shall be made in the following manner: (1) Ex parte: Where no defendants have been arrested in connection with the seizure of such drugs and a showing is made upon affidavit that the likelihood of any future arrest in connection therewith is non-existent; or (2) Upon notice: When a defendant has been arraigned upon an information charging him with a felony or misdemeanor involving the possession or sale of such drugs and the drugs sought to be destroyed are material to the prosecution of said information.

Summary: A motion to destroy drugs must be in writing, attach the report of analysis, and be made either ex parte with a supporting affidavit or upon notice when the drugs are material to a pending prosecution.

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Criminal cases

Applies to

Petition to retain drugs ?

If special circumstances exist, making the destruction of any drug not feasible in a particular case, the District Attorney shall move the Court of Common Pleas for permission to retain the drugs pretrial and shall set forth in the petition the nature of the costs of destruction and the proposed manner and keep the drugs pending trial.

Summary: When destruction is not feasible, the District Attorney must file a petition to retain drugs pretrial and state the special circumstances plus the proposed place and manner of keeping the drugs.

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Criminal cases

Applies to

Order of destruction

An order of destruction of any drug which appears on the Schedules of Controlled Substances of the Uniform Controlled Substance, Drug, Device and Cosmetic Act issued by the Court pursuant to this Rule shall state the time within which the provisions of such order are to be complied with. It shall direct the person having custody of the drug to make provision for the destruction thereof in the presence of four witnesses one of whom shall be designated by each of the following: the Police Commissioner, the Sheriff, the District Attorney and the Office of Judicial Records.

Summary: A destruction order must state a compliance deadline and require destruction in the presence of four witnesses designated by the named agencies.

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Criminal cases

Applies to

Affidavit of destruction ?

An affidavit attesting for demonstrating the date, time, place and manner of destruction of any drug pursuant to an order therefor and identifying the same time compared to the report given analysis or by other identifying number or system and the order of the Court issued therein shall be filed with the Court by the very person who destroyed the drugs and by each of the witnesses required to be present by Section IV (B) of this Rule.

Summary: An affidavit of destruction stating the date, time, place, and manner of destruction must be filed with the Court by the person who destroyed the drugs and each required witness.

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Civil cases

Applies to

Initial pleading ?

Any document commencing an action must have attached to it a Civil Cover Sheet, in a form provided by the Office of Judicial Records as approved and modified from time to time by the Administrative Judge or his/her designee. A Civil Cover Sheet must also be filed together with Objections to Sheriff's Determination of Title filed pursuant to Pa.R.C.P. 3201, et seq.

Summary: Any document commencing an action must have a Civil Cover Sheet attached; also required for Objections to Sheriff's Determination of Title.

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Civil cases

Applies to

Motion

A Petition/Motion Cover Sheet, in a form provided by the Court as approved and modified from time to time by the Administrative Judge or his/her designee, must be attached to all Petitions, Motions, Answers and Responses, except for Discovery Motions and Motions for Extraordinary Relief, and Responses thereto.

Summary: A Petition/Motion Cover Sheet must be attached to all Petitions, Motions, Answers and Responses, except Discovery Motions and Motions for Extraordinary Relief.

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Civil cases

Applies to

Legal paper

The legal paper must include a signature block, and the name of the filer under whose User Name, Password and PIN the legal paper is submitted must be preceded by a “/s/” and typed in the space where the signature would otherwise appear.

Summary: Electronically filed legal papers must include a signature block with the filer's name preceded by '/s/'.

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Civil cases

Applies to

Legal paper

The Verification required by Pa.R.C.P. Nos. 206.1 and 1024 and the signature page(s) of any document or legal paper executed by any party other than the filing party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

Summary: Verifications and signature pages of documents executed by non-filing parties must be scanned and attached to the electronic filing in PDF.

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Civil cases

Applies to

Legal paper

Documents requiring signatures of more than one party must be scanned and attached to the electronic filing in a portable document format at the time the legal paper is submitted.

Summary: Documents requiring multiple signatures must be scanned and attached to the electronic filing in PDF.

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Civil cases

Applies to

Petition

To obtain a stay of proceedings, the filing party shall specifically set forth in the petition the reasons why the stay is required, and shall further indicate on the Petition/Motion Cover Sheet that a stay has been requested.

Summary: Petitions seeking a stay must state reasons and indicate the stay request on the cover sheet.

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Civil cases

Applies to

Motion

All Motions, except for Motions for Extraordinary Relief, shall be accompanied by a Brief or Memorandum of Law in the form set forth in Phila.Civ.R. *210.

Summary: All motions except extraordinary relief must be accompanied by a brief or memorandum of law.

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Civil cases

Applies to

Discovery motion

On the day the Discovery Motion is argued, the filing party shall present to the Discovery Judge an Attorney Certification of Good Faith, substantially in the form attached hereto, certifying that the filing party has conferred with all other parties in an attempt to resolve the discovery disputes at issue. In the event the moving party was unable to confer with any party, the attempts made to confer with that party shall be specifically set forth.

Summary: On the argument day, the filing party must present an Attorney Certification of Good Faith to the Discovery Judge.

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Civil cases

Applies to

Discovery argument request form

The moving party shall file or fax a Discovery Argument Request Form (substantially in the form attached hereto) with the Discovery Clerk (Room 287 City Hall) setting forth the following information: the program to which the case is assigned; the next event and the date of that event (if the case is in the Arbitration Program, the arbitration hearing date must be provided), the Court Term and Number, and Caption of the case.

Summary: A Discovery Argument Request Form must be filed or faxed with the Discovery Clerk, containing specified case information.

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Civil cases

Applies to

Proposed order ?

which shall contain no reference to the attorney proposing same

Summary: The proposed order for a discovery motion must not reference the attorney proposing it.

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Civil cases

Applies to

Discovery motion

On the argument date, the filing party shall hand to the Discovery Judge the following items: the original Discovery Motion and proposed order (which shall contain no reference to the attorney proposing same), Notice of Presentation, and the Attorney Certification of Good Faith required by Phila.Civ.R. *208.2(e).

Summary: On the argument date, the filing party must hand the Discovery Judge the original motion, proposed order, Notice of Presentation, and Attorney Certification of Good Faith.

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Civil cases

Applies to

Motion

Must include

proposed order

All Motions shall be accompanied by the following items in the following order: (i) A completed Petition/Motion Cover Sheet as provided in Phila.Civ.R. *205.2(b)(2); (ii) A proposed order, which shall contain no reference to the attorney proposing same; (iii) A brief or memorandum of law as required by Phila.Civ.R. *210;

Summary: All non-discovery motions must be accompanied, in order, by a completed Petition/Motion Cover Sheet, a proposed order containing no attorney reference, and a brief or memorandum of law.

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Civil cases

Applies to

Opposition ?

Must include

proposed order

Any party opposing the motion, shall file the following documents with the Motion Court on or before the Response Date: (i) A completed Cover Sheet as set forth in Phila. Civ.R. *205.2(b)(2); (ii) A proposed order, which shall contain no reference to the attorney proposing same; (iii) The Response to the motion; and (iv) A brief or memorandum of law as provided in Phila.Civ.R. *210.

Summary: A party opposing a motion must file a cover sheet, a proposed order (with no attorney reference), the response, and a brief or memorandum of law by the Response Date.

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Civil cases

Applies to

Motion

All Motions shall include copies of all documents or items necessary or relevant to the disposition of the issues. This shall include the complaint, answer, and reply to new matter. All such documents or items shall be included or attached and marked as exhibits separately.

Summary: All motions must include copies of all necessary or relevant documents (including the complaint, answer, and reply to new matter), marked as separate exhibits.

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Civil cases

Applies to

Brief

Except for Motions for Extraordinary Relief, all Petitions and Motions shall be accompanied by a brief or memorandum of law. Briefs or memoranda of law shall be typewritten, printed or otherwise duplicated, and endorsed with the name of the case, the court term and number, and the name, address, and electronic mail address of the attorney or the party if not represented by an attorney. Briefs and memoranda of law shall contain concise and summary statements, separately and distinctly titled, of the following items in the order listed: 1. Matter before the Court: State the particular pleading (motion, petition, objection, exception, application, etc.) before the court for disposition, and the particular relief requested therein. 2. Statement of question(s) involved: State the issue(s) in question form containing factual context sufficient to present the precise matter to be decided by the Court, each susceptible of a yes or no answer, each followed by the answer desired or advocated. 3. Facts: State the operative facts. 4. Argument: State the reason(s) why the court should answer the questions involved as proposed, including citation of the authorities relied on. An authority shall not be cited for general reference but in all cases shall be immediately preceded or followed by its relevant holding or particular proposition for which it stands. 5. Relief: State the specific action(s) requested of the court.

Summary: All petitions and motions (except Motions for Extraordinary Relief) must be accompanied by a brief containing five titled sections in order: Matter before the Court, Statement of question(s) involved, Facts, Argument, and Relief.

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Civil cases

Applies to

Motion for post trial relief

Must include

certificate of service

All motions for post-trial relief shall be accompanied by a certificate of service setting forth the name of the Trial Judge and the names, addresses and telephone numbers of all counsel and unrepresented parties.

Summary: Post-trial motions must include a certificate of service with the trial judge's name and contact info for all counsel and unrepresented parties.

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Civil cases

Applies to

Affidavit

Must include

proposed order, certificate of service ?

file an affidavit with Motion Court attesting to non-payment. Such affidavit shall be accompanied by (a) the form of Order specified in paragraph (G) below, (b) a copy of any document evidencing the terms of the settlement agreement, (c) a copy of the executed release, and (d) a copy of a receipt reflecting delivery of the executed release more than twenty (20) days prior to the date of filing of the affidavit. The attorney shall certify to the Court the applicable interest rate and shall certify that the affidavit and accompanying documents have been served on all interested counsel.

Summary: An affidavit of non-payment filed with Motion Court must be accompanied by a form of Order, a copy of the settlement agreement, a copy of the executed release, and a delivery receipt, and the attorney must certify the interest rate and service on all interested counsel.

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Civil cases

Applies to

Notice of appeal

An appeal may be commenced by filing a Notice of Appeal with the Office of Judicial Records. The Notice of Appeal shall be in substantially the following form:

Summary: Appeals are commenced by filing a Notice of Appeal with the Office of Judicial Records in the prescribed form.

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Civil cases

Applies to

Tenant supersedeas affidavit ?

Residential tenants who seek to appeal from a Municipal Court judgment for possession and who do not have the ability to pay the lesser of three months' rent or the full amount of the Municipal Court judgment for rent shall file with the Office of Judicial Records, as applicable, either a Tenant's Supersedeas Affidavit (Non-Section 8), substantially in the form set forth below, or Tenant's Supersedeas Affidavit (Section 8), substantially in the form set forth below.

Summary: Indigent residential tenants appealing a possession judgment must file a Tenant's Supersedeas Affidavit (Non-Section 8 or Section 8) with the Office of Judicial Records.

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Civil cases

Applies to

Praecipe

Must include

certificate of service ?

the supersedeas may be terminated by the Office of Judicial Records upon praecipe by the landlord or other party to the action, substantially in the form set forth below which is to be filed together with a certificate that a copy of the praecipe has been mailed to each other party who has appeared in the action.

Summary: A praecipe to terminate a supersedeas must be filed together with a certificate that a copy of the praecipe was mailed to each party who appeared in the action.

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Civil cases

Applies to

Tenant supersedeas affidavit section 8 ?

I hereby certify that I am a participant in the Section 8 program and I am not subject to a final (i.e. non-appealable) decision of a court or government agency which terminates my right to receive Section 8 assistance based on my failure to comply with program rules.

Summary: The Section 8 Tenant's Supersedeas Affidavit requires the tenant to certify Section 8 program participation and that no final decision terminates their Section 8 assistance.

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Civil cases

Applies to

Tenant supersedeas affidavit ?

My total household income does not exceed the income guidelines set forth in the supplemental instruction for obtaining a stay pending appeal and I have completed an In Forma Pauperis (IFP) petition to verify this.

Summary: The Tenant's Supersedeas Affidavit requires the tenant to complete an In Forma Pauperis (IFP) petition to verify that household income does not exceed the income guidelines for a stay pending appeal.

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Civil cases

Applies to

Motion

Leave of Court, obtained through the filing Motion to Withdraw Appearance, is required if another attorney is not entering an appearance simultaneously with the withdrawal of current counsel. The Motion shall set forth with specificity the reasons the attorney seeks to withdraw. The attorney seeking to withdraw must attach to the Motion to Withdraw a certification setting forth the following: (1) that there is not outstanding motion to compel discovery, or for sanctions for failure to provide discovery; and (2) that the attorney has met every deadline date set forth in the pertinent Case Management Order, if applicable.

Summary: A motion to withdraw appearance requires leave of court, must state the reasons for withdrawal, and must attach a certification that no discovery motion is outstanding and all Case Management Order deadlines have been met.

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Civil cases

Applies to

Preliminary objection

Must include

proposed order

All preliminary objections shall be filed with the Office of Officials together with: (a) a Brief or Memorandum of Law, as set forth in Phila.Civ.R. *210; (b) copies of all items of the relevant record necessary to be submitted. This shall include the complaint, answer, and reply. All such items shall be included or attached and marked as exhibits separately. The Court may decide preliminary objections against a party who fails to attach to the filing those items necessary to enable the Court to determine them. Such items may be determined if the party fails to secure the record necessary for the Court's determination; and (c) a proposed order, which shall contain no reference to the attorney proposing same.

Summary: All preliminary objections must be filed with a brief, the items necessary (included as separate exhibits), and a proposed order with no attorney reference; failure to attach may cause to be decided against the party.

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Civil cases

Applies to

Answer to preliminary objection

Must include

proposed order

An answer to preliminary objections, if filed, shall be filed together with: (a) a Brief or Memorandum of Law, as set forth in Phila.Civ.R. *210; (b) copy of all the items necessary or relevant to the disposition of the preliminary objections. This shall include including the complaint, answer and reply to new matter, in the way they must be made. In addition, such a copy will be marked an exhibit separately; and (c) a proposed order containing no reference to the attorney proposing the same.

Summary: An answer to preliminary state objections, if filed, must be filed with the same package as the original filing: brief, exhibits, and a proposed order with no attorney reference.

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Civil cases

Applies to

Motion for judgment on pleadings ?

(1) the moving party shall file a motion as provided in Phila.Civ.R. *208.3, attaching that motion a copy of all pleadings which must be considered by the Court / the brief as the grounds and such as provided by Section and shall include a brief or memorandum of law, as provided in Phila.Civ.R. *210, which shall be served on all other parties as required by Pa. R.C.P. 440;

Summary: Motion for judgment on the pleadings must attach all pleadings to be considered and include a brief or memorandum of law, and be served on other parties as required by Pa.R.C.P. 440.

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Civil cases

Applies to

Summary judgment motion ?

(2) Content of the Motion for Summary Judgment. The moving party shall provide the bases for a summary judgment in a motion divided into consecutively numbered paragraphs. Each paragraph shall be kept as far as practicable only one material fact. The moving party must reference in each allegation the “record” (as that term is defined in Pa.R.C.P. No. 1035.1) which the moving party wants the court to consider, and shall attach a copy of that record as an exhibit.

Summary: A summary judgment motion must be organized into consecutively numbered paragraphs, each referencing the record it relies on, with a copy of the record attached as an exhibit.

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Civil cases

Applies to

Summary judgment brief ?

The moving party shall include with the motion a brief or memorandum of law, as provided in Phila.Civ.R. *210. The brief or memorandum of law shall provide the court with the legal bases for summary judgment in light of the allegations made in the motion, and shall not reference any fact or pleading not raised in the motion. Any fact or allegation mentioned in the brief or memorandum of law which is not listed in the summary judgment motion will not be considered by the court.

Summary: A summary judgment motion must be accompanied by a brief limited to the legal bases raised in the motion; any unlisted fact or allegation in the brief will be disregarded.

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Civil cases

Applies to

Summary judgment response ?

The response to the motion shall be divided into paragraphs, numbered consecutively, corresponding to the numbered paragraphs of the motion. The response shall state whether each of the allegations is admitted or denied. No general denial is acceptable. The factual reasons for the denial or dispute must be specifically stated and the “record” proving the “record” or dispute attached as an exhibit. A response may also include additional allegations demonstrating any genuine issue of material fact, in which event the responding party must reference and attach a copy of the “record” (as that term is defined in the Pa.R.C.P. No. 1035.1) which demonstrates the existence of a genuine issue of material fact.

Summary: A summary judgment response must use consecutively numbered paragraphs corresponding to the motion, admit or deny each allegation, state specific factual reasons for denial, and attach supporting record exhibits.

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Civil cases

Applies to

Affidavit of non military service ?

(A) Before a default judgment may be entered in any case against a defendant who has failed to file an appearance, an affidavit must be filed by the plaintiff setting forth facts showing that the defendant is not in the military service, or that he or she is in the service, or that plaintiff is unable to determine whether or not he or she is in the service, to which may be added facts which would justify the entry of judgment.

Summary: Before entering default judgment against a non-appearing defendant, the plaintiff must file an affidavit setting forth the defendant's military service status.

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Civil cases

Applies to

Military status certificate application ?

Prior to such hearing, the plaintiff shall apply to the military authorities for certificates contemplated in Section 601, paragraphs (1) and (2), of the Soldiers’ and Sailors’ Civil Relief Act, and shall file of record any certificates furnished by such authorities and any answers of the latter to plaintiff’s request. Plaintiff shall incorporate in the application for a certificate all information in his possession touching the identity of the defendant.

Summary: In default proceedings where the defendant's military status is uncertain, the plaintiff must apply for military certificates and file any certificates or responses, incorporating all known identifying information into the application.

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Civil cases

Applies to

Affidavit of non military service ?

In any action in mortgage foreclosure, or in any suit upon a ground rent, if the identity of the real owner is known to the plaintiff, and no appearance has been filed on behalf of the real owner, before a default judgment may be entered only, the plaintiff must comply with paragraph (A) above.

Summary: In mortgage foreclosure or ground rent actions, paragraph (A)'s non-military affidavit is required before default judgment when the real owner's identity is known and no appearance has been filed.

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Civil cases

Applies to

Affidavit of reasonable efforts to ascertain owner ?

If the plaintiff shall file an affidavit in such proceeding averring that he or she knows and claims information that he or she is not known and has been unable to ascertain the identity of the real owner, the plaintiff must not enter a default judgment without an order of the Court. Such order may be granted upon an affidavit showing to the satisfaction of the Court that the plaintiff or someone on his behalf has returned reasonable efforts to ascertain the identity of the real owner.

Summary: If the real owner's identity is unknown, default judgment is prohibited without a court order, which may be granted based on an affidavit showing a reasonable effort to locate the owner.

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Civil cases

Applies to

Stipulation

The stipulation shall be signed by counsel for all parties, if represented, or the party or his insurance carrier, if unrepresented

Summary: The arbitration stipulation must be signed by all parties' counsel, or by the party or insurance carrier if unrepresented.

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Civil cases

Applies to

Stipulation ?

shall clearly indicate that the decision of the Arbitration Judge shall be final and binding and the award may be entered as a judgment of record without right of appeal

Summary: The stipulation must clearly state that the arbitration judge's decision is final and binding and that the award may be entered as a judgment of record without any right of appeal.

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Civil cases

Applies to

Arbitration figures sheet ?

These figures shall be submitted on one piece of paper signed by all parties.

Summary: The defendant's highest offer and plaintiff's lowest demand figures must be submitted on a single piece of paper signed by all parties.

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Civil cases

Applies to

Writ of summons or complaint ?

All Arbitration Writs of Summons and complaints must be accompanied by a Civil Cover Sheet as required by Phila. Civ. R. *205.2(a)(9).

Summary: Arbitration writs of summons and complaints must be filed with a Civil Cover Sheet as required by Phila. Civ. R. *205.2(a)(9).

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Civil cases

Applies to

Writ of summons or complaint ?

All Arbitration Writs of Summons and Complaints must state in upper case on the upper, right-hand corner of the cover page "THIS IS AN ARBITRATION CASE. AN ASSESSMENT OF DAMAGES HEARING IS/IS NOT REQUIRED."

Summary: Arbitration writs and complaints must display the required arbitration-case notice in uppercase in the upper right-hand corner of the cover page.

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Civil cases

Applies to

Civil cover sheet or initial pleadings

The date, time and place of the Arbitration hearing shall be entered on the Civil Cover Sheet or initial pleadings, and on all service copies, together with the following statement: "This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge."

Summary: The arbitration hearing date, time and place must be stated on the Civil Cover Sheet or initial pleadings and all service copies, along with the required board-of-arbitrators statement.

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Civil cases

Applies to

Arbitration scheduling order or notice ?

In the event a case is scheduled for an Arbitration hearing after the commencement of the action, and the initial pleadings do not contain the statement authorized by Pa.R.C.P. No. 1303(a)(2), the case will nonetheless be subject thereto provided the Order or Notice scheduling such Arbitration hearing contains the following statement: "This matter will be heard by a board of arbitrators at the time, date and place specified but, if one or more parties is not present at the hearing, the matter may be heard at the same time and date before a judge of the court without the absent party or parties. There is no right to a trial de novo on appeal from a decision entered by a judge."

Summary: When an arbitration hearing is scheduled after commencement, the scheduling Order or Notice must contain the required board-of-arbitrators statement if the initial pleadings lack it.

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Civil cases

Applies to

Continuance and deferral application ?

(2) Written Request. All requests for continuance of Arbitration Hearings shall be in writing on a Continuance & Deferral Application substantially in the form set forth hereunder and shall be filed in accordance with President Judge Administrative Order No. 2009-02. The Continuance & Deferral Application shall set forth the specific reasons for the continuance and the legal basis for the continuance, as provided in Pa.R.C.P. 216 and this rule, the position of all other counsel or unrepresented parties and the date and time mutually convenient to all parties, for the relisting of the Arbitration Hearing.

Summary: All continuance requests must be submitted in writing on the Continuance & Deferral Application and must state reasons, legal basis, the position of all parties, and a mutually convenient new hearing date.

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Civil cases

Applies to

Settlement notice ?

Counsel shall give written notification to the Director of the Arbitration Center of any settlement prior to the Arbitration Hearing date and an Order will be issued. Failure to provide written notice prior to the Arbitration Hearing date will result an order of non pros if the parties fail to appear for a Call of the List and hearing.

Summary: Counsel must give written notice of any settlement to the Director of the Arbitration Center before the Arbitration Hearing date, and failure to do so may result in a judgment of non pros if the parties fail to appear at the hearing.

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Civil cases

Applies to

Petition for approval compromise settlement minor ?

(A) When Petition Required. No action in which a minor is a party shall be compromised, settled or discontinued except after the filing of a Petition for the Approval of the Compromise, Settlement, Discontinuance, or Distribution. In addition to the requirements contained in this Rule, Petitions for Approval of dispositions involving Wrongful Death or Survival Actions involving minors must also comply with Pa.R.C.P. No. 2206.

Summary: A settlement, compromise, or discontinuation of a minor's case requires filing a Petition for Approval, and Wrongful Death or Survival actions involving minors are also subject to Pa.R.C.P. No. 2206.

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Civil cases

Applies to

Petition for minor compromise ?

(4) State whether a lien or claim has been raised on behalf of any medical care provider or payer, including the Department of Human Services and Medicare;

Summary: The petition must state whether a lien or claim has been raised on behalf of any medical care provider or payer, including the Department of Human Services and Medicare.

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Civil cases

Applies to

Petition for minor compromise ?

(a) A written report of a physician setting forth the present physical and mental condition of the minor;

Summary: The minor's compromise petition must contain or be accompanied by a physician's report of the minor's present physical and mental condition.

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Civil cases

Applies to

Petition for minor compromise ?

(b) A verified statement by the parent(s) of the minor and the guardian of the person or guardian ad litem, if appointed, certifying the present physical and mental condition of the minor; and a copy of the decree appointing the guardian of the person or guardian ad litem;

Summary: The petition must include verified statements by the parents and any appointed guardian certifying the minor's condition, plus a copy of the appointing decree.

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Civil cases

Applies to

Petition for minor compromise ?

(c) A verified statement by the parent(s) of the minor and the guardian of the estate or guardian ad litem, if appointed, certifying approval of the proposed settlement and distribution thereof; and a copy of the decree appointing the guardian of the estate or guardian ad litem;

Summary: The petition requires verified approval of the settlement and distribution by the parents and guardian of the estate or guardian ad litem, plus the appointing decree.

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Civil cases

Applies to

Petition for minor compromise ?

(d) If the minor is sixteen (16) years of age or older and not otherwise incapacitated, his or her written approval of the proposed settlement and distribution thereof;

Summary: A minor who has turned 16 and is not incapacitated must provide written approval of the proposed settlement and distribution.

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Civil cases

Applies to

Petition for minor compromise ?

(e) A statement of the professional opinion of the plaintiff as to the reasonableness of the proposed settlement and the basis for such opinion;

Summary: Counsel's professional opinion on the reasonableness of the proposed settlement, with the basis, must accompany the petition.

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Civil cases

Applies to

Petition for minor compromise ?

(f) If there is to be an allocation between adults and minors or among minors, a statement of the amounts allocated to each party and specific reasons for such proposed allocation;

Summary: Any intended allocation between adults and minors, or among minors, requires a statement of amounts allocated to each party and specific reasons.

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Civil cases

Applies to

Petition for minor compromise ?

(g) If a guardian ad litem has been appointed, a statement of the professional opinion of the guardian ad litem as to the reasonableness of the proposed allocation, and the basis for such opinion. The guardian ad litem shall give specific reasons for his or her approval or disapproval of any proposed allocation of the proceeds;

Summary: If a guardian ad litem was appointed, the petition must include the GAL's professional opinion on the allocation with specific reasons for approval or disapproval.

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Civil cases

Applies to

Petition for minor compromise ?

(h) Statement of the final lien amount from the Department of Human Services;

Summary: The petition must include a statement of the final lien amount from the Department of Human Services.

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Civil cases

Applies to

Petition for minor compromise ?

(i)(1) Statement of the amount paid by Medicare for medical costs as reflected on the relevant Explanations of Benefits received from the Medicare payers and Conditional Payment letters received from the Medicare Secondary Payer Recovery Contractor. This amount should constitute the maximum Medicare reimbursement exposure of the plaintiff for which funds from the settlement amount should be reserved. Should the actual reimbursement to Medicare be less than the reserved amount as a result of allowances by Medicare for the fees, costs or other factors, the balance shall be distributed in accordance with the Court's Order, and shall be reflected in the Affidavit of Compliance filed with the Court.

Summary: The petition must state the Medicare reimbursement exposure as a reserve amount; any balance after actual reimbursement must be distributed per the Court Order and reflected in the Affidavit of Compliance.

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Civil cases

Applies to

Affidavit of compliance ?

(i)(2) In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order. A subsequent Affidavit shall be filed upon complete satisfaction of the terms of the Order.

Summary: If the Court's compliance order is not fully satisfied, counsel must file an Affidavit describing compliance and reasons for any delay within 60 days, with a further Affidavit when complete.

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Civil cases

Applies to

Petition for minor compromise ?

(j) Statement from medical care providers agreeing to compromised amount(s), if any;

Summary: The petition must include any statements from medical care providers in which they agree to compromised amounts.

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Civil cases

Applies to

Petition for minor compromise ?

Must include

proposed order

(l) A proposed Order for Distribution, etc., substantially in the form set forth in (K) below.

Summary: The petition must include a proposed Order for Distribution substantially in the form set forth in the rule.

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Civil cases

Applies to

Order of distribution

(F) Counsel Fees. The proposed Order of Distribution shall include an award of counsel fees. The standard for the award of counsel fees in the representation of minors is that such fees must be reasonable in accordance with the guidelines set forth in Rule 1.5 of the Rules of Professional Conduct. Counsel are advised to maintain time records.

Summary: The proposed Order of Distribution must include an award of counsel fees, with reasonableness governed by Rule 1.5, and counsel should maintain time records.

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Civil cases

Applies to

Affidavit of compliance

(H) Compliance with Court Order and Proof of Deposit. The Affidavit of Compliance shall certify compliance with the Order, attach a copy of the said Order and shall submit proof of the deposit in the restricted account, annuity, approved settlement or trust. The Affidavit of Compliance shall be substantially in the form set forth in (K) below.

Summary: The Affidavit of Compliance must certify compliance with the Order, attach a copy of the Order, and provide proof of deposit into the restricted account or trust, in the form specified.

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Civil cases

Applies to

Minor settlement petition ?

Attached hereto is a report by Dr. ________________________________ dated ___________ which sets forth the present condition of the minor.

Summary: The petition must attach a doctor's report, dated, setting forth the minor's present condition.

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Civil cases

Applies to

Minor settlement petition ?

Attached hereto is a statement, under oath, of the minor's parents and/or guardian and/or guardian ad litem certifying the physical and/or mental condition of the minor, as well as the parents' and/or guardian's and/or guardian ad litem's approval of the proposed settlement and distribution.

Summary: The petition must attach an under-oath statement of the minor's parents, guardian, or guardian ad litem certifying the minor's condition and approving the proposed settlement and distribution.

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Civil cases

Applies to

Minor settlement petition ?

Attached hereto is the written approval of the proposed settlement and distribution by the minor, who is sixteen (16) years of age or older.

Summary: The petition must attach the minor's written approval of the proposed settlement and distribution if the minor is 16 years of age or older.

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Civil cases

Applies to

Minor settlement petition ?

Counsel requests a fee in the sum of $_______________ which is ________________% per cent of the net settlement payable to the minor. A copy of the retainer agreement is attached.

Summary: The petition must state the requested counsel fee (amount and percentage of the net settlement) and attach a copy of the retainer agreement.

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Civil cases

Applies to

Minor settlement petition ?

Counsel is cautioned to specifically provide the requested distribution. Requests that distribution be “as per the attached Order” are not acceptable.

Summary: The petition must specifically state the requested distribution; requests that distribution be 'as per the attached Order' are not acceptable.

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Civil cases

Applies to

Minor settlement petition ?

Counsel is cautioned that the restricted account must be set up in the name of the minor only (not in the name of the parent as guardian for the minor). See Pa.R.C.P. No. 2039(b)(2).

Summary: Any restricted account for the minor's settlement must be set up in the minor's name only, not in the parent's name as guardian.

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Civil cases

Applies to

Minor settlement petition ?

Phila. Civ. R. 2039 (D)(5)(f) provides that if there is to be an allocation between adults and minors or among minors, the amounts allocated to each party and specific reasons for such allocation must be set forth. Additionally, if more than one plaintiff is involved, whether minor, adult or incapacitated, Petitioner must set forth the amount each will receive and shall provide justification for the requested allocation.

Summary: If the settlement is allocated between adults and minors or among multiple plaintiffs, the petition must set forth each party's amount and the specific reasons or justification for the allocation.

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Civil cases

Applies to

Minor settlement petition ?

In the event a portion of the settlement is payable through the purchase of an annuity, set forth the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, as well as the periodic and lump sum payments.

Summary: If part of the settlement is payable through an annuity, the petition must state the credit rating of the entity responsible for future payments, the present cost of the annuity, and the periodic and lump sum payments.

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Civil cases

Applies to

Petition to settle minors action ?

I, _______________________________, am the Petitioner in this action and hereby verify that the statements made in the foregoing Petition to Settle or Compromise Minor's Action are true and correct to the best of my knowledge, information and belief. I understand that the statement in said Petition are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.

Summary: The Petition to Settle or Compromise a Minor's Action must include a verification by the petitioner attesting that the petition's statements are true and correct, subject to the penalties of 18 Pa. C.S. §4904 for unsworn falsification to authorities.

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Civil cases

Applies to

Settlement order ?

provided, however, that no payment shall be made to the guardian until the guardian has posted additional security as required by the Orphans' Court Division of ____________ County pursuant to 20 Pa. C.S. §5121, et seq.

Summary: No payment may be made to a minor's guardian until the guardian posts additional security required by the Orphans' Court Division under 20 Pa.C.S. §5121.

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Civil cases

Applies to

Motion for allowance ?

The motion shall include: (1) The facts and circumstances surrounding the origination of the minor’s fund; (2) A chronological statement of all prior requests for allowance, including the reasons therefor, the amounts thereof, and the disposition; (3) The age of the minor at the time the fund was created and the minor’s present age; (4) The original amount of the minor’s fund and the present balance of same; and (5) The circumstances and reasons supporting the request for allowance.

Summary: Motions for Allowance must include facts about the fund's origination, a chronological history of prior allowance requests, the minor's ages, fund amounts, and reasons supporting the request.

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Civil cases

Applies to

Motion for allowance ?

Must include

proposed order

All motions shall be accompanied by: (1) A proposed Order; (2) A copy of the Original Motion for Compromise and the Order of Distribution; (3) Copies of all prior requests for allowances and the Orders with respect to same; (4) Substantiating documentation to support the proposed request; and (5) A consent filed by the movant.

Summary: Motions for Allowance must be accompanied by a proposed order, the original compromise motion and distribution order, prior allowance requests and orders, substantiating documentation, and the movant's consent.

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Civil cases

Applies to

Petition for approval of settlement ?

No action in which an incapacitated person is a party shall be compromised, settled, or discontinued except after the filing of a Petition for Approval of the Compromise, Settlement, Discontinuance or Distribution. In addition to the requirements set forth in this Rule, Petitions for Approval of dispositions of Wrongful Death or Survival Actions involving incapacitated persons must also comply with Pa.R.C.P. No. 2206.

Summary: Settlements involving incapacitated persons require a Petition for Approval; Wrongful Death or Survival Actions must also comply with Pa.R.C.P. No. 2206.

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Civil cases

Applies to

Petition for approval of settlement ?

(1) Set forth the date of birth and the address of the incapacitated person, the names and addresses of all guardians of the person, the estate and/or ad litem of the incapacitated person, and the appointing court, and a factual recitation of the helpful facts which form the basis of the cause of action;

Summary: The petition must state the incapacitated person's birth date and address, identify all guardians and the appointing court, and recite the factual basis of the cause of action.

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Civil cases

Applies to

Petition for approval of settlement ?

(2) State the terms of the settlement, including the specific provisions of any annuity, if applicable, including the credit rating of the entity assuming responsibility for the future payments, the present cost of the annuity, as well as the schedule and amount of periodic and lump sum payments;

Summary: The petition must describe the full terms of the settlement, including any annuity provisions, annuity credit rating and cost, and the schedule and amounts of payments.

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Civil cases

Applies to

Petition for approval of settlement ?

(3) State the amount of counsel fees and provide an itemization of the expenses to be paid out of settlement proceeds;

Summary: The petition must state the amount of counsel fees and itemize all expenses to be paid from settlement proceeds.

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Civil cases

Applies to

Petition for approval of settlement ?

(4) State whether a lien or claim has been raised on behalf of any medical care provider or payer, including the Department of Human Services and Emergency Medicare;

Summary: The petition must disclose whether any lien or claim has been asserted by any medical care provider or payer, including the Department of Human Services and Medicare.

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Civil cases

Applies to

Petition for approval of settlement ?

Must include

proposed order

(5) Contain or be accompanied by the following: (a) A written report by a physician setting forth the present physical and mental condition of the incapacitated person; (b) A verified statement by the guardian of the person of the incapacitated person, or the guardian ad litem, if that fact, setting forth the present physical and mental condition of the incapacitated person, and a copy of the decree appointing the guardian of the person or guardian ad litem; (c) A verified statement by the guardian of the estate of the incapacitated person, or the guardian ad litem, if appointed, certifying approval of the proposed settlement and distribution thereof; and a copy and resulting order appointing the guardian of the estate or guardian ad litem; (d) A statement of the professional opinion of the same, as to the reasonableness of the proposed settlement and the basis for such opinion; (e) If there is to be an allocation between a sui juris adult and an incapacitated person, a statement of the amounts allocated to each party and specific reasons for such proposed allocation; (f) If a guardian ad litem has been appointed, a statement of the professional opinion of the guardian ad litem as to the reasonableness of the proposed allocation, and the basis for such opinion, with any concession on behalf of such party or their approval or disapproval of any proposed allocation of proceeds; (g) Statement of final lien amount from the Department of Human Services; (h)(1) Statement of the amount paid by Medicare for the medical costs of the services as reflected on the relevant Explanations of Benefits received from the Medicare payers and Conditional Payment letters received from the Medicare Secondary Payer Recovery Contractor, with this amount to be a maximum reimbursement exposure figure to the plaintiff, in the actual reimbursement to Medicare a less amount, the balance shall be distributed in accordance with the Court's order, and shall be reflected in the Affidavit of Compliance filed with the court. (2) In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order, with the subsequent Affidavit to be filed upon complete satisfaction of the terms of the Order; (i) A statement from medical care providers agreeing to compromised or actual amounts(s), if any; (j) Any other information which might be helpful for the orderly disposition of the Orphan's Petition; and (k) A proposed Order of Distribution, etc., substantially in the form set forth in (K) below.

Summary: The petition must contain or be accompanied by an enumerated set of supporting documents: physician report, verified guardian statements, counsel and guardian ad litem opinions, DHS lien amount, Medicare payment statement, and a proposed Order of Distribution.

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Civil cases

Applies to

Proposed order of distribution

Must include

proposed order

The proposed Order of Distribution shall include an award of counsel fees.

Summary: The proposed Order of Distribution must include an award of counsel fees.

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Civil cases

Applies to

Affidavit of compliance

The Affidavit of Compliance shall certify compliance with the Order, attach a copy of the said Order and shall submit proof of deposit in the restricted account, annuity, structured settlement or trust. The Affidavit of Compliance shall be substantially in the form set forth in (K) below.

Summary: The Affidavit of Compliance must certify compliance, attach a copy of the order, submit proof of deposit, and be substantially in the form set forth in Appendix (K).

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Civil cases

Applies to

Wrongful death notice ?

Must include

case number ?

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

Summary: The notice in a wrongful-death action must identify the decedent, the court and case numbering, and inform the person that they may petition to remove or substitute the plaintiff.

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Civil cases

Applies to

Petition ?

In the event any court has appointed a guardian for a minor heir or incapacitated person, set forth the name of the guardian, the Court date and manner of appointment.

Summary: If a guardian was appointed for a minor heir or incapacitated person, the petition must set forth the guardian's name and the court date and manner of appointment.

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Civil cases

Applies to

Petition ?

Petitioner must indicate whether the Department of Human Services has a claim or a lien against Petitioners, the Estate or any wrongful death beneficiaries.

Summary: The petition must state whether the Department of Human Services has a claim or lien against the petitioners, the estate, or any wrongful death beneficiaries.

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Civil cases

Applies to

Settlement petition ?

Counsel is cautioned to specifically provide the requested distribution. Requests that the distribution be "as per attached Order" are not acceptable.

Summary: The settlement petition must specifically state the requested distribution; counsel may not simply request distribution "as per attached Order."

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Civil cases

Applies to

Affidavit

Within sixty (60) days of the entry of this final Order, counsel shall file with the office of Civil Administration an Affidavit from counsel certifying compliance with this Order. Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

Summary: Counsel must file an Affidavit certifying compliance with the final order with the office of Civil Administration within 60 days, attaching a copy of the Certificate of Deposit and/or restricted bank account.

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Civil cases

Applies to

Affidavit of non military service ?

Requirements as established required local rule

Summary: In any proceeding to confess judgment upon a power of attorney, the plaintiff must file an affidavit regarding military service complying with Philadelphia Civil Rule *1037.1(A) before judgment may be entered.

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Civil cases

Applies to

Handbill

For the purpose of Pa.R.C.P. 3129.2(b)(1), which specifies the contents of the handbills required to be posted by the Sheriff, and for the purpose of Pa.R.C.P. 3129.2(d), which requires the publication in newspapers of the information contained in the handbill, the requirement of “a brief description of the property to be sold, its location any improvements” shall be satisfied, in the case of Residential Properties consisting of four (4) units or less, by providing the following information: (a) for “location”: the street address of the property with the zip code, extended zip code if available, and ward number; (b) for “a brief description of the property”: the approximate size of the property in square feet or acres and the Philadelphia Board of Revision of Taxes (BRT) account number—designated as follows: “BRT # XXXXXXXXX”; and (c) for “improvements”: the words “Residential Property.”

Summary: For residential properties of four units or less, the handbill description requirement is satisfied by providing the street address with zip and ward, approximate size and BRT account number, and the words 'Residential Property'.

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Civil cases

Applies to

Writ of execution

Plaintiff, when preparing a Writ of Execution for transmission to the Sheriff, shall include therein a description which conforms to the requirements of this Rule.

Summary: A plaintiff preparing a Writ of Execution must include a property description conforming to Rule *3129.2(b)(1).

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Civil cases

Applies to

Conditions of sale ?

The Sheriff’s conditions for sale shall provide the following paragraph in bold: “Prospective purchasers are directed to the Philadelphia Board of Revision of Taxes (BRT) Website (http://brtweb.phila.gov) for a fuller description of the properties listed. Properties can be looked up by the BRT number, which should be cross-checked with the address. Prospective purchasers are also directed to the Philadelphia Department of Records, at Room 154 City Hall, Philadelphia, PA 215-686- 1483 and to its Website at http://philadox.phila.gov, where they can view the deed to each individual property and find the boundaries of the property. PROSPECTIVE PURCHASERS ARE RESPONSIBLE FOR DETERMINING THE NATURE, LOCATION, CONDITION AND BOUNDARIES OF THE PROPERTIES THEY SEEK TO PURCHASE.”

Summary: The Sheriff's conditions of sale must include a bold paragraph directing prospective purchasers to BRT and Department of Records resources and stating that purchasers are responsible for determining property details.

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Civil cases

Applies to

Conditions of sale

The Sheriff’s condition of sale shall add to the “Explanation” section the following: The “BRT #” refers to a unique number assigned by the Philadelphia Board of Revision of Taxes to each property in the City for the purpose of assessing it for taxes. This number can be used to obtain descriptive information about the property from the BRT Website.

Summary: The Sheriff's conditions of sale must add an Explanation section defining the BRT number and its use.

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Civil cases

Applies to

Petition

Petitions under 42 Pa.C.S §8103 to establish the fair market value of real property bought in by a plaintiff at a Sheriff’s sale shall: (1) Name as respondents the debtors, obligors and guarantors, and any other persons who may be directly or indirectly liable to the petitioner for the payment of the debt, with the addresses of such persons to the extent that such addresses are known to the petitioner or are ascertainable upon reasonable inquiry and an affidavit stating that the petitioner does not know and after reasonable inquiry has been unable to ascertain the residence or business addresses of the others; (2) State the location and description of the real property sold; (3) State the fair market value of the property; (4) State the date of the Sheriff’s sale; (5) State the date of entry and the amount of the judgment entered in the proceeding and the amount of the interest due thereon to the date of the Sheriff’s sale and the costs of the proceedings upon which the said judgment was obtained; and (6) Include an itemized statement of all prior liens, costs, taxes and municipal claims not discharged by the sale, and the amount of any such items paid at distribution on the sale.

Summary: Fair value petitions must name respondents, state the property's location, description and fair market value, the sale and judgment dates and amounts, and itemize prior liens, costs, taxes and municipal claims.

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Civil cases

Applies to

Petition

No petition will be allowed, nor return date fixed by the Court, unless the petition shall set forth all matters provided for in paragraph (A) above.

Summary: The Court will not allow a fair value petition or fix a return date unless the petition includes all matters required by paragraph (A).

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Civil cases

Applies to

Records subpoena notice ?

The notice shall contain a per page price; if the total cost of a copy of the records will exceed $100, the records reproduction service shall inform all counsel of the total cost and send a copy only to those counsel who approve the cost

Summary: The notice must state a per-page price, and if total copy cost will exceed one hundred dollars, copies are sent only to counsel who approve the total cost.

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Civil cases

Applies to

Application petition

All Applications, Petitions and Certifications filed pursuant to the Mental Health Procedures Act shall be on forms approved by the Department of Public Welfare. Provided, however, that the parties shall attach a cover sheet with all Applications, Petitions and Responses in the form set forth hereunder or as modified by the Court from time to time.

Summary: Mental health filings must use forms approved by the Department of Public Welfare and include the required cover sheet.

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Civil cases

Applies to

Petition for continued involuntary treatment ?

(B) Contents of Petition. (i) facts constituting reasonable grounds to believe that the person is severely mentally disabled and in need of treatment; (ii) name of the examining physician and substance of the physician’s opinion regarding mental condition of the person; (iii) allegation that the person has been provided with the information required by Section 304(b)(3); and (iv) any other relevant information.

Summary: A petition for continued involuntary treatment of a person already subject to treatment must include reasonable grounds, the examining physician's name and opinion, an allegation of Section 304(b)(3) notice, and other relevant information.

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Civil cases

Applies to

Application for additional treatment ?

(2) Contents of Petition. (A) facts constituting reasonable grounds to believe that the person is severely mentally disabled and in need of treatment; (B) name of the examining physician and substance of the physician’s opinion regarding mental condition of the person; (C) allegation that the person has been provided with the information required by Section 304(b)(3); and (D) any other appropriate information.

Summary: The application for additional periods of court-ordered involuntary treatment under Section 305 must include reasonable grounds, the examining physician's name and opinion, an allegation of Section 304(b)(3) notice, and other appropriate information.

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Civil cases

Applies to

Legal papers

Legal papers shall be accompanied by an Orphans’ Court Cover Sheet as set forth in the Appendix to these Rules.

Summary: All legal papers must be accompanied by the Orphans’ Court Cover Sheet from the Appendix.

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Civil cases

Applies to

Petition for adjudication

Petitions for Adjudication/Statements of Proposed Distribution filed in accordance with Pa. O.C. Rule 2.4 and Phila. O.C. Rule 2.4B shall include an Account Filing Checklist as set forth in the Appendix to these Rules.

Summary: Petitions for Adjudication and Statements of Proposed Distribution must include an Account Filing Checklist from the Appendix.

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Civil cases

Applies to

Account of agent under power of attorney

(7) Accounts of Agents under Power of Attorney. In addition to the papers required by Rule 2.4B(1), at the time of filing an account of an agent under power of attorney, counsel shall electronically file a copy of the power of attorney, certified by the accountant or counsel to be true and correct.

Summary: The account of an agent under power of attorney must be accompanied by a certified copy of the power of attorney.

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Civil cases

Applies to

Foreign fiduciary account ?

(8) Distribution to Foreign Fiduciary. In addition to the papers required by Rule 2.4B(1), at the time of filing an account, when a share of the estate is distributable to a foreign fiduciary, counsel shall electronically file: (a) a certificate of appointment issued within three months of the date of the filing or a copy of the instrument evidencing the authority of the fiduciary to receive the fund, certified by the proper authorities at the place of issuance to be in effect at the time of the filing; (b) an affidavit by the foreign fiduciary setting forth whether or not an ancillary administrator has been appointed in Pennsylvania, together with averments that: (i) the foreign fiduciary is authorized, under the laws of the jurisdiction in which the foreign fiduciary qualified, to receive the fund to be distributed; (ii) the filing of security has been waived, or the amount of the bond which has been filed and the name of the surety; and (iii) there are no creditors within the Commonwealth of Pennsylvania of the estate for which the foreign fiduciary has been appointed and no rights of any resident of Pennsylvania will be adversely affected by the requested distribution.

Summary: An account distributing a share to a foreign fiduciary must be accompanied by a certificate of appointment and a detailed foreign-fiduciary affidavit.

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Civil cases

Applies to

Schedule of distribution

(2) Certification. The attorney for the accountant shall certify that the schedule of distribution is correct and in conformity with the adjudication. See below (3)(a), (3)(b)(ii) and (6)(b) for additional statements to be included in the certification where appropriate.

Summary: The attorney for the accountant must certify that the schedule of distribution is correct and conforms to the adjudication.

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Civil cases

Applies to

Praecipe for order or decree ?

Must include

proposed order, certificate of service ?

When a party to whom a citation issued under Pa.R.O.C.P. 3.5(a), or to whom a petition with notice under 3.5(b) is directed, has not filed an answer or preliminary objection within the response time provided by law, the petitioner may file a praecipe for an order or decree, which shall include: (a) A proposed form of order or decree; (b) A concise explanation of the procedural posture of the matter identifying the pleading to be disposed of; and (c) Specific averments as to the exact nature of service of the underlying petition.

Summary: A praecipe for order or decree may be filed when no response was made and must include a proposed order, a concise explanation of the procedural posture, and averments of service with a certification.

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Civil cases

Applies to

Petition to vacate

(5) A party to whom an order or decree described hereunder is directed may, within 20 days of the entry of such an order or decree, file a petition to vacate the order or decree. This petition shall include: (a) A concise explanation of why no timely answer, preliminary objection, or other response was filed; and (b) The answer, preliminary objection, or other response which the party seeks leave to file.

Summary: A party subject to the order may petition to vacate within 20 days of entry; the petition must explain why no response was filed and attach the proposed response.

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Civil cases

Applies to

Petition to sell real property ?

Must include

proposed order ?

(4) Decree. A proposed decree providing that the real property be offered for public sale and that a return of sale be electronically filed with the Court shall be attached to the face of the petition.

Summary: A proposed decree directing the public sale and electronic filing of the return of sale must be attached to the face of the petition.

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Civil cases

Applies to

Petition for leave to sell real property public sale ?

A petition by a personal representative shall set forth the following information: (i) the name, residence and date of death of the decedent; whether he died testate or intestate; and the date letters were granted to the petitioner; (ii) that the petitioner is not otherwise authorized by statute to sell; or is not authorized to do so by the will; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (iii) value of the property set forth in the inventory and the date it was filed; (iv) value at which the real property to be sold was included in the inventory; (v) if bond was entered, the name of the surety and the amount of such bond; (vi) names and relationships of all interested parties; whether or not they are sui juris, and, if not, the names of their fiduciaries and a statement of how they were appointed; and whether or not they join in the petition or consent to the sale; (vii) the street address or other adequate description of the property to be sold, a brief description of the building erected upon the property, the current occupant of the property and the current tax assessment; (viii) all liens of record known to the petitioner; and (ix) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

Summary: A personal representative's petition for leave to sell real property at public sale must set forth nine categories of information including decedent details, authorization status, inventory values, bond, interested parties, property description, liens, and facts showing the sale is desirable.

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Civil cases

Applies to

Petition for leave to sell real property public sale ?

A petition by a trustee shall set forth the following information: (i) how title was acquired, stating the date and place of probate of the will or recording of the deed to the trustee; (ii) a recital of the relevant provisions of the will, deed or trust agreement pertaining to the real property to be sold and a recital of the history of the trust; (iii) that the petitioner is not otherwise authorized to sell by statute or the will, deed, trust agreement or other relevant instrument; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (iv) total approximate current value of property held in trust; and (v) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative.

Summary: A trustee's petition for leave to sell real property must state how title was acquired, recite relevant trust document provisions, show lack of authority or reasons a judicial-sale effect is desirable, state the approximate current trust value, and include items (a)(v)-(a)(ix).

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Civil cases

Applies to

Petition for leave to sell real property public sale ?

A petition by a guardian of a minor's estate shall set forth the following information: (i) the circumstances of the petitioner's appointment; (ii) the name of the minor's parents and whether either of them is deceased; (iii) how title was acquired; (iv) if an inventory was taken, the total value of the property set forth therein and the date it was filed, and the value at which the real property to be sold was included therein; (v) the total approximate current value of property held by the petitioner; (vi) the provisions of the will, deed, trust agreement or other relevant instrument relating to the real property to be sold; (vii) that the petitioner is not authorized to sell the real property; or that it is desirable that the sale have the effect of a judicial sale, stating the reasons; (viii) the nature and extent of the interest of the minor and of third persons in the real property; (ix) sufficient information to enable the Court to find that the proposed sale is in the best interest of the minor; and (x) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by the personal representative.

Summary: A guardian of a minor's estate must include circumstances of appointment, the minor's name/age/residence/parent status, title acquisition, inventory values, current property value, relevant instrument provisions, sale authority/reasons for judicial-sale effect, interests of the minor and third persons, and information showing the sale is in the minor's best interest.

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Civil cases

Applies to

Petition for leave to sell real property public sale ?

A petition by a guardian of an incapacitated person's estate shall set forth the following information: (i) the date of the petitioner's appointment and the name of the Hearing Judge; (ii) the domicile of the incapacitated person and the institution, if any, at which the incapacitated person is maintained; (iii) how title was acquired; (iv) total value of the property set forth in the inventory and the date it was filed; (v) the value at which the real property to be sold was included in the inventory; (vi) total approximate current value of property held by the petitioner; (vii) a statement of all claims of the incapacitated person's creditors known to the petitioner; (viii) sufficient information to enable the Court to find that the proposed sale is in the best interest of the incapacitated person; and (ix) the same information as is required under subparagraphs (a)(v) through (a)(ix).

Summary: A guardian of an incapacitated person's estate must include appointment date and hearing judge, domicile/institution, title and inventory values, current property value, creditor claims, and information showing the sale is in the incapacitated person's best interest.

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Civil cases

Applies to

Petition to sell real property ?

(ix) if the property to be sold is the incapacitated person's former residence, an averment that he is not likely to return to live in it; and (x) the same information as is required under subparagraphs (a)(v) through (ix) in a petition by a personal representative.

Summary: A petition to sell an incapacitated person's real property must include an averment that they are not likely to return to their former residence, plus the same other information required for a personal representative's petition.

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Civil cases

Applies to

Petition to sell real property ?

(2) Exhibits. The following exhibits shall be attached to the petition: (a) a copy of the will, deed, trust agreement, decree or other relevant instrument by which the petitioner was appointed; and (b) consents to the sale signed by those interested parties who do not join in the petition, and the names of those parties who do not consent and a copy of the notice which has been given to them.

Summary: A public-sale petition must attach the petitioner's appointment instrument and the consents of non-joining parties, or the names of non-consenting parties with a copy of the notice given to them.

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Civil cases

Applies to

Affidavit of return of sale ?

(6) Post-Sale Return of Notice. The petitioner shall electronically file with the Court of the public that on an affidavit which shall set forth: (a) The price obtained; (b) The name and address of the purchaser and an averment that the property is the highest bidder; and (c) Proof of notice as required by Rule 5.10A(5), including date of publication.

Summary: The post-sale affidavit must contain the price obtained, the high-bidder purchaser's name/address, and proof of required notice.

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Civil cases

Applies to

Petition private sale real property ?

(1) Contents of Petition. A petition under this Rule shall set forth, as nearly as may be necessary or convenient, the same information as is required under Rule 5.10A with regard to a petition to sell real property at public sale and, in addition, it shall set forth the following: (a) the name and address of the purchaser and a brief recital of the terms of sale; and (b) the estimated net proceeds which the petitioner will receive at the time of settlement.

Summary: A private-sale petition must include the Rule 5.10A public-sale information plus the purchaser's name/address, sale terms, and the estimated net proceeds.

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Civil cases

Applies to

Petition private sale real property ?

(2) Exhibits. The following exhibits shall be attached to the petition: (a) a copy of the will, deed, trust agreement, decree or other relevant instrument by which the petitioner was appointed; (b) consents to the sale signed by those interested parties who do not join or appear in petition; (c) a copy of the agreement of sale; (d) a schedule setting forth the computation of the estimated net proceeds which the petitioner will receive at the time of settlement, including an itemized list of estimated closing expenses; and (e) the affidavits of two real estate appraisers or brokers not of the same office, setting forth the information required under Pa. O.C. Rule 5.11(b).

Summary: A private-sale petition must attach the appointment instrument, consents, agreement of sale, computation of estimated net proceeds, and two appraiser/broker affidavits.

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Civil cases

Applies to

Petition private sale real property ?

Must include

proposed order ?

(4) Decree. A proposed decree approving the sale will rely on representation and, where appropriate, fixing the amount of security to be entered by the petitioner shall be attached to the face of the petition.

Summary: A proposed decree approving the private sale and fixing security, where appropriate, must be attached to the face of the petition.

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Civil cases

Applies to

Petition to mortgage real property ?

(1) Contents of Petition. A petition by a person under the provisions under this Rule shall set forth, as nearly as may be made applicable, the same information as is required under Rule 5.10A with regard to a petition by a petition to sell real property at public sale by the same fiduciary; and, in addition, it shall set forth the name of the proposed mortgagee or lessee, the amount and terms of the proposed mortgage loan or lease and sufficient facts to enable the Court to determine whether the proposed mortgage or lease should be approved.

Summary: A fiduciary's petition to mortgage or lease real property must include the Rule 5.10A information plus the mortgagee/lessee name, loan or lease terms, and sufficient facts for the Court to determine whether to approve it.

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Civil cases

Applies to

Petition to mortgage or lease real estate ?

(2) Exhibits. The following exhibits shall be attached to the petition: (a) a copy of the will, deed, trust agreement, decree or other relevant instrument by which the petitioner was appointed; (b) consents to the mortgage or lease signed by those interested parties who do not join in the petition, and the names of those parties who do not consent and a copy of the notice given to them; and (c) a statement by the proposed mortgagor agreeing to grant the mortgage loan.

Summary: A petition to mortgage or lease real property must have specified exhibits attached, including the appointment instrument, consents from non-joining interested parties, and the mortgagor's statement.

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Civil cases

Applies to

Petition to mortgage or lease real estate ?

Must include

proposed order ?

(4) Decree. A decree in approved form shall be attached to the face of the petition approving the mortgage or lease and, where appropriate, fixing the amount of security to be entered by the petitioner.

Summary: A decree in approved form approving the mortgage or lease must be attached to the face of the petition, and where appropriate it must fix the amount of security.

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Civil cases

Applies to

Fiduciary petition to sell real property at public sale ?

(2) Exhibits. The following exhibits shall be attached to a petition by a fiduciary to sell property at a public sale, under the provisions of 20 Pa.C. § 8301 et seq.: (a) a copy of the will, deed, trust agreement, decree or other instrument by which the fiduciary was appointed; and (b) consents to the sale signed by the apperaining parties, and the notice that has been given to the parties who do not consent; if all parties having an interest do not voluntarily appear as petitioners or respondents, a citation will be granted, directed to all parties who have not appeared, as allowed by 20 P. C.S. § 8304.

Summary: A fiduciary's petition to sell real property at public sale must attach the appointment instrument and the consents and notices related to those parties who are not appearing; if not all parties appear, the court will grant a citation to all parties who have not appeared under 20 Pa.C.S. § 8304.

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Civil cases

Applies to

Petition to sell real property private sale trustee ?

A petition by a trustee to sell real property at private sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) the information required under Rule 5.13A(1); (ii) the name and address of the proposed purchaser, the price to be paid; the terms of the proposed sale; and that the price offered is better than can be obtained at a public sale; and (iii) when the proposed sale is of an undivided interest, that the other interested parties desire the sale to be made and are willing to join in the deed.

Summary: A trustee's private-sale petition must separately state the Rule 5.13A(1) information, the purchaser's name/address, price, terms, the fact the price exceeds public-sale value, and for undivided interests, that other interested parties want the sale and will join the deed.

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Civil cases

Applies to

Petition to sell real property private sale guardian ?

A petition by a guardian to sell real property at private sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) the information required under Rule 5.13A(2); and (ii) the name and address of the proposed purchaser, the price to be paid, the terms of the proposed sale, and that the price offered is better than can be obtained at a public sale.

Summary: A guardian's private-sale petition must include the Rule 5.13A(2) information, purchaser name and address, price, terms, and a statement that the price is better than a public sale.

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Civil cases

Applies to

Petition to sell real property private sale ?

The following exhibits shall be attached to a petition by a fiduciary to sell real property at private sale under 20 Pa.C.S. § 8301 et seq.: (a) a copy of the will, deed, trust agreement, decree or other relevant instrument by which the fiduciary was appointed; (b) a copy of the agreement of sale; (c) affidavits by two real estate appraisers setting forth the information required by Pa. O.C. Rule 5.10(b); and (d) consents to the sale signed by those interested parties who consent thereto and the notice which has been given to those parties who do not consent, or voluntarily appear as petitioners or respondents; if all parties having an interest do not voluntarily appear as petitioners or respondents, a citation will be granted, directed to all parties who have not appeared, as provided by 20 Pa.C.S. § 8304.

Summary: A fiduciary's private-sale petition must attach the appointment instrument, the sale agreement, appraiser affidavits, and consents or notice, with a citation issued to non-appearing interested parties when not all appear.

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Civil cases

Applies to

Petition to mortgage real property ?

A petition by a fiduciary to mortgage real property, under 20 Pa.C.S. § 8301 et seq., shall conform as closely as practicable to the requirements of these Rules with regard to a petition to sell real property at public sale by the same fiduciary; shall set forth the amount and terms of the proposed loan; and shall set forth the facts sufficient to enable the Court to determine whether proposed loan should be approved.

Summary: A fiduciary's mortgage petition must follow the public-sale petition requirements and state the loan amount, terms, and sufficient facts for the court to decide whether to approve the loan.

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Civil cases

Applies to

Petition to mortgage real property ?

The exhibits required by Rule 5.12A(2) shall be attached to the petition, with the proviso regarding consents, that if all parties having an interest do not voluntarily appear as petitioners or respondents, a citation will be granted, directed to all parties who have not appeared, as provided by 20 Pa.C.S. § 8304. Security shall be fixed as provided by Rule 5.12A(4).

Summary: Mortgage petitions must attach the Rule 5.12A(2) exhibits, follow the consent/citation rule if parties are absent, and comply with Rule 5.12A(4) for security.

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Civil cases

Applies to

Petition for leave ?

Fiduciaries whose appointment originated in this county, shall obtain leave of this Court to petition the Court of another county of this Commonwealth of Pennsylvania, under 20 Pa.C.S. § 8301, to sell or mortgage real property located in that county. Such leave may be obtained by petition to this Court setting forth particularly the substantial averments of a petition for the sale (or mortgage) of the real property.

Summary: Fiduciaries appointed in this county seeking a private sale or mortgage in another county must first obtain leave of this Court, either via a petition containing the substantial averments.

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Civil cases

Applies to

Petition to sell or mortgage real property ?

Fiduciaries whose appointments originated in other counties of this Commonwealth shall obtain leave of the Court of their appointment to petition this Court under authority 20, sale, mortgage real property located in this county. The petition to this Court shall comply with the provisions of these Rules with regard to the sale (or with each such real property, including the exhibits, copies of the petition and the decree of the Court of origin.

Summary: Fiduciaries appointed elsewhere must separately register leave from their home-county court before petitioning this Court, and their petition shall comply, with certified copies of the original petition and decree as exhibits.

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Civil cases

Applies to

Petition for title determination ?

(1) Contents of Petition. A petition under 20 Pa.C.S. § 3546 for the determination of title shall set forth: (a) the name of the petitioner and petitioner's relationship to the decedent; (b) the facts on which the claim of the petitioner is based; (c) whether the decedent died testate or intestate, and where, when, and to whom letters were granted; (d) a description of real property located within the Commonwealth, and the place, book, and page of recording the last deed thereto; and the Office of Property Assessment Account number assigned to the real property; (e) the names and addresses of all existing or interested parties which shall include the reference to the Attorney General, if heirs to the decedent are unknown; (f) the facts material to a determination of the title; and (g) a prayer for a Citation, directed to all interested parties and known creditors to show cause why title to the decedent's interest in the real property should not be the property of the Petitioner's name.

Summary: A petition to determine title to a decedent's real property must include specified content: petitioner identity and relationship, factual basis, testacy and letters details, property description with recording and account identifiers, all known creditors/interested parties (including the Attorney General if heirs unknown), and a prayer for citation.

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Civil cases

Applies to

Petition for title determination ?

(2) Exhibits. The following exhibits shall be attached to the petition: (a) a copy of decedent's will, deed, trust agreement, or other instrument of conveyance (if any) pertaining to the real property for which several relief is requested; and power (b) any consents to the relief requested signed by parties who have not joined the petition, or any signed statements by parties who do not object to the relief so requested in the Petition.

Summary: The petition must be accompanied by a copy of the decedent's will/deed/trust instrument affecting the real property, plus consents of non-joining interested parties or signed statements of non-objection.

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Civil cases

Applies to

Petition for title determination ?

Must include

proposed order ?

(4) Decree. There are the following incidents to be attached to the face of the petition: (a) A preliminary decree in approved to the Court form awarding a citation as requested in the petition and all notice requirements enumerated in 20 Pa.C.S. §3546(f); and (b) A final decree approved in the right appropriate for the relief or for the Court's main request other appropriate relief as the Court determines.

Summary: A preliminary decree awarding the citation and a final decree granting requested (or appropriate) relief must be attached thought to the petition.

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Civil cases

Applies to

Petition to sell real property ?

Must include

proposed order ?

(5) Decree. A proposed decree shall be attached to the face of the petition. In the decree the Court shall fix the amount of security which the petitioner shall be required to enter, or excuse the petitioner from entering additional security. The corporate surety shall be the same as on the original bond, unless the Court directs otherwise.

Summary: A proposed order of decree must be attached to the face of the petition; the Court sets or waives additional security and the corporate surety stays the same unless the Court orders differently.

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Civil cases

Applies to

Corporate fiduciary petition ?

(1) In General. Financial institutions having fiduciary powers and authorized to do business in this Commonwealth, upon petition and pursuant to approval by the Court, may act as fiduciaries in matters pending in the Court, provided that a copy (either the original or photocopy) of the certificate evidencing the approval to conduct fiduciary activities issued by the appropriate state or federal banking regulator is attached to the petition. The institution shall certify in the petition that the certificate has been issued by the appropriate regulator and is valid as of the date of the petition.

Summary: A corporate fiduciary's approval petition must attach the original or photocopy of the regulatory certificate evidencing authority to conduct fiduciary activities and must certify in the petition that the certificate is valid as of the petition date.

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Civil cases

Applies to

Electing spouse petition ?

(1) Contents of Petition. The petition by an electing spouse shall set forth the following: (a) the name, date of death and residence of the decedent; (b) the name and address of the petitioner, and the petitioner's residence on the date of the decedent's death; (c) an averment that the petitioner is the surviving spouse of the decedent; the date and place of the ceremonial marriage, and the name and the official capacity of the person who performed the ceremony; or, in case of a common-law marriage, all averments necessary to establish the validity of such a marriage; (d) whether the decedent died intestate or is testamentary; if letters were granted, where, to whom and when they were granted; (e) the approximate value of all assets which may be subject to the spouse's election, to the extent known by petitioner; (f) the date of the filing of the election, and the date and method of notice to the decedent's personal representative of the filing; (g) a description of the party or parties against whom relief is sought, including whether each party is a fiduciary, custodian or obligor.

Summary: An electing spouse's petition must contain the enumerated items covering the decedent, the petitioner, the marriage, the estate, the value of assets subject to election, the election filing and notice details, and the parties against whom relief is sought.

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Civil cases

Applies to

Petition

(h) a description of the relief sought, describing the specific acts to be performed or the extent of the personal liability to be imposed; (i) ) any other information relevant to the disposition of the petition; and (j) ) a prayer for a citation to show cause why the relief sought should not be granted, or if no citation is required, a prayer for the relief requested.

Summary: The petition must include a description of the relief sought, any other relevant information, and a prayer for a citation to show cause or for the relief requested.

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Civil cases

Applies to

Petition

Exhibits. The following shall be attached to the petition: (a) a copy of the decedent's will, trust agreement, deed or other relevant instrument of conveyance (if any) pertaining to the property with respect to which relief is requested; and (b) consents to the relief requested signed by those interested parties who have consented thereto and who have not joined in the petition.

Summary: Petitioners must attach a copy of the governing instrument and the consents of non-joining interested parties to the petition.

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Civil cases

Applies to

Certification of mailing

Counsel to petitioner shall electronically file with the Clerk, prior to the return date of the citation, a certification of mailing which shall list the names and addresses of all parties to whom notice was so given, including a copy of the notice given.

Summary: The certification of mailing must list each noticed party's name and address and include a copy of the notice.

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Civil cases

Applies to

Petition

Notice in the Case of Petitions Not Requiring the Issuance of a Citation. In accordance with Pa. O.C. Rule 3.5(b), petitioner shall give written notice of the filing of the petition to the Court and shall attach to the petition a certification in the form required by Pa. O.C. Rule 3.5(a),(b).

Summary: When no citation is required, the petitioner must give the Court written notice and attach the certification required by Pa. O.C. Rule 3.5(a),(b).

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Civil cases

Applies to

Decree

Decree. There shall be attached to the face of the petition: (a) In the case of petition requiring the issuance of a citation, a preliminary decree in approved form awarding a citation as requested in the petition; and (b) A final decree in approved form providing for the relief requested. In appropriate cases, the decree will fix the amount of security, if any, to be conditioned.

Summary: A preliminary decree and/or final decree in approved form must be attached to the face of the petition.

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Civil cases

Applies to

Petition

(1) Content of Petition. A petition under 20 Pa.C.S. § 4301 shall set forth: (a) the facts necessary to confer jurisdiction on motion the Court; (b) the estimated value of the estate; (c) the names of all interested parties, the nature and extent of their interest, stating who are minors or persons incapacitated, whether or not they are sui juris, and, if not, the names of their fiduciaries (if any) and a statement of how they were appointed; and whether or not they join in the petition or consent; (d) that notice in accordance with the Court. O.C. Rule 3.5 has been given to all interested parties; (e) the name and address of the person proposed as a substituted fiduciary pro tem, if such an appointment is requested, the nature and relationship of such person to the estate or to the parties; and (f) ) such other facts as may be necessary to enable the Court to pass judgment on the matter.

Summary: A petition for appointment of a substituted fiduciary pro temp under 20 Pa.C.S. § 4301 must include jurisdiction facts, estate value, parties, notices, proposed fiduciary, and other defaults.

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Civil cases

Applies to

Petition

Rule 5.16F (2) Exhibits. A copy of the will, deed, trust agreement or other relevant instrument, the consent of the co-trustees and a verified return of the notice given shall be attached to the petition.

Summary: Rule 5.16F petitions must be accompanied by the relevant governing instrument, co-trustee consent, and a verified return of notice.

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Civil cases

Applies to

Petition

Rule 5.50A (1) In addition to the requirements set forth under Pa.R.O.C.P. 5.50(b), the petition for the settlement of a small estate filed pursuant to 20 Pa.C.S. § 3102 shall also set forth: (a) If Letters of Any Letters were granted, where, to whom, and when they were granted, and the amount of bond, if any, given by the personal representative; (b) A prayer for the discharge of the personal representative and the release of any bond or surety given.

Summary: Small-estate petitions must state where, to whom, and when letters were granted, any bond amount, and a prayer for discharge and release of any bond.

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Civil cases

Applies to

Exhibits ?

Rule 5.50A (2) In addition to the exhibitions requirement under the Rule. 5.50 Turns(c), the following authors shall be submitted in the petition: (a) A copy of the Letters of Administration or Letters Testamentary, if any, that were granted; and (b) A proposed decree setting forth a list of all disbursements and distributions of the assets of the estate in appropriate cases

Summary: Small-estate petitions must attach any granted letters and a proposed decree listing all disbursements and distributions.

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Civil cases

Applies to

Motion for judgment on pleadings ?

The moving party shall file a motion attaching thereto a copy of all pleadings which must be considered by the Court and a brief or memorandum of law, which shall be served on all other parties as required by Pa. O.C. Rule 4.3;

Summary: A motion for judgment on the pleadings must attach all relevant pleadings and include a brief or memorandum of law.

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Civil cases

Applies to

Motion for summary judgment ?

The moving party shall provide the bases for the entry of summary judgment in a motion divided into consecutively numbered paragraphs. Each paragraph shall contain as far as practicable only one material allegation. The moving party must reference in each allegation the “record” (as that term is defined in Pa.R.C.P. No. 1035.1) which the moving party wants the Court to consider, and shall attach a copy of that record as an exhibit.

Summary: A motion for summary judgment must be divided into consecutively numbered paragraphs, each containing one material allegation, with the supporting record referenced and attached as an exhibit.

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Civil cases

Applies to

Summary judgment brief ?

The moving party shall include with the motion a brief or memorandum of law. The brief or memorandum of law shall provide the Court with the legal bases for summary judgment in light of the allegations made in the motion, and shall not reference any fact or pleading not raised in the motion. Any fact or allegation mentioned in the brief or memorandum of law which is not listed in the summary judgment motion will not be considered by the Court.

Summary: The summary judgment motion must include a brief limited to legal bases for the allegations in the motion; facts not raised in the motion will not be considered.

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Civil cases

Applies to

Response to motion for summary judgment ?

The response to the motion shall be divided into paragraphs, numbered consecutively, corresponding to the numbered paragraphs of the motion for summary judgment. The response shall state whether each allegation is admitted or denied. No general denial is acceptable. The factual reasons for the denial or dispute must be specifically stated and the “record,” (as that term is defined in Pa.R.C.P. No. 1035.1) supporting the denial or dispute must be attached as an exhibit. A response may also include additional allegations demonstrating any genuine issue of material fact, in which event the responding party must reference and attach a copy of the “record,” (as that term is defined in Pa.R.C.P. No. 1035.1) which demonstrates the existence of a genuine issue of material fact.

Summary: The summary judgment response must use numbered paragraphs matching the motion, admit or deny each allegation without general denials, state factual reasons, and attach the supporting record as an exhibit.

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Civil cases

Applies to

Register of wills proceeding ?

The following forms, approved by the Supreme Court, are required pursuant to Pa. O.C. Rule 10.1, to be used in proceeding before the Register of Wills: (1) Estate Information Sheet (RW-01) (2) Petition for Grant of Letters (RW-02) (3) Oath of Subscribing Witness(es) (RW-03) (4) Oath of Non-Subscribing Witness(es) (RW-04) (5) Oath of Witness(es) to Will Executed by Mark (RW-05) (6) Renunciation (RW-06) (7) Notice of Estate Administration Pursuant to Pa. O.C. Rule 10.5 (RW-07) (8) Certification of Notice Under Pa. O.C. Rule 10.5 (RW-08) (9) Inventory (RW-09) (10) Pa. O.C. Rule 10.6 Status Report (RW-10)

Summary: Ten Supreme Court-approved forms (RW-01 through RW-10) are required for use in proceedings before the Register of Wills.

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Civil cases

Applies to

Guardianship petition ?

Must include

proposed order ?

In such case, a decree in approved form, in lieu of the final decree appointing a guardian, shall be attached to the face of the petition.

Summary: In small estate guardianship cases, a decree in approved form must be attached to the face of the petition.

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Civil cases

Applies to

Petition for allowance

Must include

proposed order ?

A petition for allowance from the incapacitated person’s estate, during incapacity, shall be filed, in accordance with Pa. O.C. Rule 4.7 and Phila. O.C. Rule 4.7A, with the Clerk by the guardian or any interested party. A proposed final decree shall be attached to the face of the petition.

Summary: A petition for allowance must be filed with the Clerk by the guardian or any interested party, with a proposed final decree attached to the face of the petition.

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Civil cases

Applies to

Petition for allowance ?

Must include

proposed order ?

When the petitioner is not a guardian, a preliminary decree containing a provision for the time and place for hearing to be fixed by the Court shall also be attached to the face of the petition.

Summary: When the petitioner is not a guardian, a preliminary decree setting the time and place for hearing must also be attached to the face of the petition.

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Civil cases

Applies to

Petition for allowance ?

The petition shall include: (i) the information listed in Pa. O.C. Rule 14.2(a)(1) through (5); (ii) the name(s) of the guardian(s), the date of his or her or appointment, the nature of the guardianship of the estate or person (limited or plenary) and the name of the Hearing Judge; (iii) the names and addresses of all interested parties; (iv) if the petitioner is not a guardian, his or her relationship to the incapacitated person, and, if not related, the nature of his or her interest; (v) a statement of all previous distributions allowed by the Court since the date of the last Court approved accounting, if any; (vi) an itemized statement of all claims of the incapacitated person’s creditors known to petitioner; (vii) a statement of the requested distribution and the reasons therefor; and (viii) a prayer for the distribution requested.

Summary: A petition for allowance must include specified information about the guardianship, interested parties, prior distributions, creditor claims, the requested distribution, and a prayer for relief.

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Civil cases

Applies to

Petition for adjudication of incapacity

(a) A Preliminary Decree and a Final Decree, as set forth in the Appendix maintained pursuant to Phila. O.C. Rule 1.8(c), shall be attached to the face of a petition for adjudication of incapacity.

Summary: Petitions for adjudication of incapacity must have the Preliminary Decree and Final Decree attached to the face of the petition.

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Civil cases

Applies to

Petition for adjudication of incapacity ?

(b) Consent of Proposed Guardian. The signed written consent of the proposed guardian to act as guardian, as set forth in the Appendix maintained pursuant to Phila. O.C. Rule 1.8(c), shall be attached to the petition.

Summary: The signed written consent of the proposed guardian must be attached to the petition for adjudication of incapacity.

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Civil cases

Applies to

Petition for adjudication of incapacity ?

The description and the steps taken to find less restrictive alternatives must include sufficient information to satisfy the requirements of 20 Pa.C.S. § 5518.

Summary: The petition's description and steps taken to find less restrictive alternatives must include sufficient information to satisfy 20 Pa.C.S. § 5518.

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Civil cases

Applies to

Affidavit of notice ?

Must include

certificate of service ?

(b) an affidavit reciting the manner of giving notice of the hearing and identifying those persons to whom such notice was given as required in Pa. O.C. Rule 14.2(f)(2).

Summary: An affidavit reciting the manner of giving notice of the hearing and identifying the persons notified must be submitted on the hearing date.

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Civil cases

Applies to

Attendance excusal evidence ?

(2) Attendance at Hearing. The petitioner and the alleged incapacitated person shall be present at the hearing unless the Court is satisfied, upon the deposition or notarized expert report or testimony of or sworn statement by a physician or licensed psychologist, that the physical or mental condition of the alleged incapacitated person would be harmed by his or her presence.

Summary: The petitioner and alleged incapacitated person must attend the incapacity hearing unless a physician or licensed psychologist's deposition, notarized report, testimony, or sworn statement shows presence would cause harm.

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Civil cases

Applies to

Affidavit of service

An affidavit of service containing specific averments as to the above requirements in the two preceding paragraphs shall be presented at the beginning of the court hearing.

Summary: An affidavit of service must be presented at the start of the hearing.

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Civil cases

Applies to

Criminal record check

In accordance with Pa. O.C. Rule 14.2(c)(2), unless previously attached to the Petition, Petitioner shall submit for each proposed guardian, at least seven (7) days prior to the court hearing, the response to the Pennsylvania State Police criminal record check, issued within six months of the date of filing of the Petition. If any proposed guardian resided outside the Commonwealth of PA within the previous five (5) year period and was 18 years of age or older at any time during that period, the criminal record check from each state in which the proposed guardian resided within the five year period shall be submitted.

Summary: Petitioner must submit criminal record checks for each proposed guardian at least 7 days before the hearing, including checks from other states if the guardian resided outside PA in the last 5 years.

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Civil cases

Applies to

Consent form ?

The Consent of Guardian and Guardian Address Confirmation Form (substantially in the forms annexed to this Preliminary Decree) shall be completed by the proposed guardian and presented to the Court at the time of the hearing.

Summary: The proposed guardian must complete and present the Consent of Guardian and Guardian Address Confirmation Form at the hearing.

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Civil cases

Applies to

Petition to set aside nomination petition ?

For the reasons set forth in greater detail in the attached Exhibit "B", in the Candidate's Nomination Petition is improperly drawn, fails to contain the required number of properly ascribed signatures, and/or was improperly filed.

Summary: A Petition to Set Aside Nomination Petition must aver, with supporting detail in Exhibit B, that the nomination petition was improperly drawn, lacked the required number of properly attained signatures, or was improperly filed, and must attach the nomination petition as Exhibit A.

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Civil cases

Applies to

Stipulation regarding signature lines ?

(5) If signature line challenges are at issue: (a) the Objector shall immediately arrange to meet with Candidate or Candidate's representative to review before the hearing each and every challenged signature line. Objector and Candidate shall file a stipulation of the parties that identifies: (i) the total number of completed signature lines submitted; (ii) the total number of uncontested signature lines submitted; (iii) the total number of signature lines challenged; (iv) each and every signature line to which there is an objection, identified by page number and line number.

Summary: Objector must meet with the Candidate to review challenged signature lines, and the parties must file a stipulation identifying signature-line totals and each objected line.

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Civil cases

Applies to

Witness list and expert disclosure ?

(6) The Objector and Candidate shall each file a list of all witnesses to be called at the hearing and the curriculum vitae and expert reports of all expert witnesses. Any witness not identified shall be precluded from testifying except for good cause shown.

Summary: Each party must file witness lists and expert disclosures before the hearing; unidentified witnesses are precluded absent good cause.

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Criminal cases

Applies to

Electronic filing

The signature of the filer on electronic filings shall be in the following form: /s/ Chris L. Smith.

Summary: Electronic filings must be signed in the form '/s/ [filer name]'.

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Criminal cases

Applies to

Affidavit

The sworn affidavit or verification required by Pa.R.Crim.P. 575(A)(2)(g) and (B)(3)(d) shall be converted to a portable document format (hereinafter "pdf'') and shall be attached to the legal paper when it is electronically submitted.

Summary: Sworn affidavits or verifications must be converted to PDF and attached to the electronically submitted legal paper.

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Criminal cases

Applies to

Exhibit

Any exhibit or other legal paper that requires or contains multiple signatures shall be converted to a pdf and shall be attached to the legal paper when it is electronically submitted.

Summary: Exhibits or legal papers with multiple signatures must be converted to PDF and attached to the electronically submitted legal paper.

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Criminal cases

Applies to

Motion

(5) The electronic filing of a motion constitutes a certification pursuant to Pa.R.Crim.P. 575 that the filing party or attorney has read the motion, that to the best of the filing party's or attorney's knowledge, information and belief there is good ground to support the motion, and that it is not interposed for delay.

Summary: Electronically filing a motion certifies under Pa.R.Crim.P. 575 that the motion has been read, has good grounds, and is not interposed for delay.

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Criminal cases

Applies to

Warrant

No Arraignment Court Magistrate shall issue any Search and Seizure Warrant or Arrest Warrant wherein the probable cause Affidavit has not been reviewed and approved by the Attorney for the Commonwealth.

Summary: Search and seizure and arrest warrants require a probable cause affidavit reviewed and approved by the Attorney for the Commonwealth before issuance.

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Applies to

Affidavit

Affidavit—A statement in writing of a fact or facts, signed by the person making it, that either (1) is sworn to or affirmed before an officer authorized by law to administer oaths, or before a particular officer or individual designated by law as one before whom it may be taken, and officially certified to in the case of an officer certified to in the case of an officer under his seal of office, (2) is unsworn and contains a statement that it is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.

Summary: For a written factual statement to qualify as an affidavit, it must be signed by the declarant and either be sworn to before an authorized officer or contain an unsworn statement made subject to the penalties of 18 Pa.C.S. §4904.

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Applies to

Court business agreement ?

Agreements of adverse parties and attorneys relating to the business of the court shall be in writing unless recorded before a judge of the Court.

Summary: Agreements of adverse parties and attorneys about court business must be in writing or recorded before a judge.

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Applies to

Attorney client fee agreement ?

Agreements between attorney and client relating to wholly or partially contingent compensation shall be in writing.

Summary: Attorney-client agreements for wholly or partially contingent compensation must be in writing.

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Applies to

Initiating pleading

Initiating pleadings shall be limited to a complaint, counterclaim, additional claim and/or cross claim.

Summary: Only complaint, counterclaim, additional claim, and cross claim are allowed as initiating pleadings.

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Applies to

Complaint

a. The complaint, except Code Enforcement and Landlord/Tenant Claims which are covered in subsections b. and c., shall set forth: 1. The full names and street addresses of the parties. 2. Itemization of the sums claimed with attached copy of an invoice or statement of account. 3. A brief, concise statement of the relevant and admissible facts, occurrences and transactions upon which the claim is based and damages sustained, including relevant times, dates and places. 4. Where the claim is based upon a writing, a copy of the writing or pertinent portions thereof shall be attached. 5. If the claim involves repairs, an estimate to repair or a repair bill shall be attached. 6. If fees other than court costs are requested, then a copy of the contract or pertinent provision of the law authorizing the fee shall be attached.

Summary: A general civil complaint must state party names and addresses, itemize and support damages with an invoice, state the factual basis, attach any relied-upon writing or repair bill, and attach fee authorization.

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Applies to

Code enforcement complaint ?

b. Code or statute enforcement claims shall set forth: 1. The defendant’s name. 2. The defendant’s residence or place of employment. 3. Citation of the section or sections of the statute, code, or ordinance alleged to have been violated. 4. A brief description of the facts of the violation. 5. A request for the imposition of penalty and fine as provided by law. 6. The name of the tax, the year or years of the alleged delinquency, and the amount(s) of such delinquency in actions to impose fines for failure to pay taxes due under any ordinance of the City of Philadelphia. 7. Averments of prior convictions, where an enhanced penalty is requested.

Summary: Code enforcement complaints must include defendant identification, statutory citations, violation facts, penalty request, tax delinquency detail, and prior convictions if enhanced penalties are sought.

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Applies to

Landlord tenant complaint

c. Landlord/Tenant Complaint. 1. An action by a landlord against a tenant for the recovery of possession of the leased property, unpaid money due under the lease, and/or as a result of alleged damage to the leased property shall be made in writing on a form complaint approved by the court. 2. The plaintiff or the plaintiff’s agent, power of attorney, authorized representative or attorney shall sign and verify the complaint as follows:

Summary: A landlord-tenant complaint must be on a court-approved form and signed and verified by the plaintiff or an authorized representative.

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Applies to

Claim fact sheet ?

If the claimant is a corporation, it should execute this form in accordance with the following example: XYZ Corporation by John Jones, President.

Summary: A corporate claimant must execute the Claim Fact Sheet in the name of the corporation by an authorized officer, e.g., XYZ Corporation by John Jones, President.

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Applies to

Return of service

a. Writ servers shall make returns of service on the forms approved by the Municipal Court.

Summary: Writ servers must use forms approved by the Municipal Court when making returns of service.

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Applies to

Certified mail return receipt ?

The return receipt card for certified mail shall be marked to show to whom and when delivered and shall show the signature of the defendant or an agent of the defendant authorized to receive the certified mail of tax of defendant. If the signature on the return receipt is that of a person other than the defendant, it shall be presumed, unless the contrary is shown, that the signer was an agent of the defendant authorized to receive the certified mail acceptance of defendant.

Summary: Certified-mail returns receipts must show delivery details and the recipient's signature, with a presumption that a signer other than the defendant was an authorized agent.

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Applies to

Affidavit of service

c. Affidavits of service shall state the time, place and manner of service with sufficient particularity to enable the court to determine whether or not proper service has been made.

Summary: Affidavits of service must state the time, place, and manner of service in enough detail for the court to decide whether service was proper.

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Applies to

Complaint

if any; the claimant may require defendants who intend to present a defense to notify her of it in writing at least five (5) days before trial, when including with a copy of the complaint a 'Notice of Defense' and an envelope bearing first class postage pre-addressed to the claimant or the claimant's attorney.

Summary: A claimant may require a written Notice of Defense by including with the complaint a 'Notice of Defense' form and a first-class pre-addressed envelope.

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Applies to

Notice of defense

The Notice of Defense shall be in substantially the following form: ... The defendant or counsel for the defendant gives notice of intention to defend the above matter and verifies under the penalties of 18 Pa.C.S. Section 4904 (relating to unsworn falsification to authorities) that this notice was mailed to claimant or claimant's attorney in the provided envelope on the date noted hereon.

Summary: The Notice of Defense must be substantially in the form set out in the rule and must contain the statutory verification under 18 Pa.C.S. Section 4904.

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Applies to

Counterclaim

Counterclaims, cross claims and additional claims shall be filed no less than ten (10) days prior to trial upon the complaint forms adopted by the Municipal Court Administrator and provided by the Court, unless the counterclaim, cross claim or additional claim is in the amount of $2000 or ...

Summary: Counterclaims, cross claims, and additional claims must be filed on the complaint forms approved by the Municipal Court Administrator and provided by the Court, with an exception for claims in the amount of $2000 or [text truncated].

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Applies to

Complaint

Where the defendant is designated a minor in the original caption of the action, also accompanying the service copy of the complaint will be a "Designation of Guardian Notice" in the form approved by the Municipal Court and provided by the Municipal Court Administrator. The "Designation of Guardian Notice" shall be filed with the Court and served upon every other party.

Summary: Complaints against a minor defendant must be accompanied by a Designation of Guardian Notice.

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Applies to

Discontinuance application ?

Such application shall set forth the reasons why the matter cannot be tried expeditiously or without extensive discovery in this Court.

Summary: The discontinuance application must set forth reasons why the matter cannot be tried expeditiously or without extensive discovery.

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Applies to

Petition for return of confiscated property

A claimant of property shall file a Petition For Return of Confiscated Property containing the following: 1. A description of the property confiscated. 2. A statement of the time and place where confiscated. 3. The owner, if known. 4. The person or persons in possession at the time of confiscation, if known. 5. The cost of the property. 6. The reason(s) why the property was carried or possessed within a building where Municipal Court courtrooms are situated. 7. Documentation, if any, that the person(s) in possession of the property at the time of confiscation was licensed or otherwise permitted to carry or possess such property within a building where Municipal courtrooms are situated. 8. Signature and verification of the claimant.

Summary: A Petition For Return of Confiscated Property must contain eight specified elements including property description, confiscation details, ownership, cost, reasons for possession, licensing documentation, and claimant signature and verification.

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Applies to

Entry of appearance

Counsel shall not be provided any defendant information unless an Entry of Appearance is filed with the Attorney Filing Unit.

Summary: Counsel will not receive defendant information until an entry of appearance is filed with the Attorney Filing Unit.

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Applies to

Request to withdraw as counsel ?

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

Summary: A request for leave to withdraw as counsel must be submitted on the court's form, stating the reason for the request with all necessary documentation attached and the defendant's position, and must include the attorney's signed verification subject to the penalties of 18 Pa.C.S. §4904.

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Applies to

Citation

As authorized by Pa.R.Crim.P. 1031(B), the citation issued to a defendant pursuant to Pa.R.Crim.P. 405 shall contain the date, time and location of the summary trial.

Summary: Citations issued to defendants must contain the date, time, and location of the summary trial.

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Applies to

Citation

A citation filed pursuant to Pa.R.Crim.P. 410 et seq. shall contain the date, time and location of the summary trial.

Summary: Filed citations must contain the date, time, and location of the summary trial.

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Applies to

Citation

The citation issued to the Defendant shall be substantially as the form which follows this Local Rule, and as may be otherwise modified from time to time.

Summary: The citation must be substantially in the form that follows this Local Rule, as may be modified from time to time.

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Applies to

Appointment order ?

Must include

local rule certificate ?

Appointed counsel certifies that counsel maintains a principal office in Philadelphia County pursuant to Administrative Governing Board Directive Number 2 of 1997.

Summary: Appointed counsel must certify that they maintain a principal office in Philadelphia County.

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Civil cases

Applies to

Affidavit

Such affidavit shall set forth the following information: (i) the time and place at which the parties last resided together as spouses; (ii) the last time the parties were in contact with each other, and the defendant's address and telephone number at that time; (iii) the name and address of the last employer of the defendant either during the time the parties resided together or at a later time, if known to the plaintiff; (iv) the names and addresses and relationship to defendant of those relatives known to be close to the defendant; (v) proof that inquiry has been made of applicable voter registration records in an effort to ascertain the address of the defendant; (vi) any other information which could furnish a fruitful basis for one truly bent on learning the present whereabouts of the defendant; (vii) such affidavit should detail the particular efforts made to ascertain the defendant's present address and to effect service.

Summary: The affidavit must include specific information about the parties' last residence, contact, employer, relatives, voter registration inquiry, and other efforts to locate the defendant.

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Civil cases

Applies to

Petition

Must include

proposed order

A petition seeking such relief shall be filed with the Court requesting entry of a special order for service. The proposed order accompanying such Petition shall set forth the specific address at which counsel or unrepresented party will serve process on the defendant by regular mail.

Summary: A petition for a special service order must be filed, and the proposed order must specify the address for service by regular mail.

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Civil cases

Applies to

Information request form ?

A separate Form accompanied by a separate payment shall be used for each individual for whom information is requested.

Summary: A separate form and separate payment are required for each individual for whom information is requested.

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Civil cases

Applies to

Certification form ?

A properly completed and certified Form containing the raised Seal of the Family Court Division of the Court of Common Pleas of Philadelphia shall constitute either a certification by the Family Division of the "Total Payoff Amount" for the lien/judgment as of the settlement date provided, or that there are no eligible support arrears of record in Philadelphia County for the named individual.

Summary: A properly completed and certified form bearing the raised Seal of the Family Court Division constitutes certification of the Total Payoff Amount or that no eligible support arrears exist.

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Civil cases

Applies to

Praecipe

If service of the above is made at a different address than the one identified in the Complaint, the Plaintiff shall file a praecipe to amend the address. The praecipe shall be substantially in the form attached hereto as Exhibit “C.”

Summary: If service occurs at a different address than identified in the Complaint, Plaintiff must file a praecipe to amend the address, substantially in the form of Exhibit C.

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Civil cases

Applies to

Praecipe to change address ?

Must include

certificate of service ?

Service on the Defendant having been effectuated at _____________________, in ________________________, Pennsylvania, and Plaintiff’s counsel having established this to be the current address of Defendant by ____________________(how new address discovered),___________________________________________________amend defendant’s address on the docket as follows:

Summary: To change a defendant's docket address, plaintiff's counsel must file a praecipe with the Office of Judicial Records stating where service was effectuated, how the new address was discovered, and the amended address, signed with counsel's name, address, and ID.

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Criminal cases

Applies to

Sworn or verified document

The electronic filer shall maintain the original of a sworn or verified document contained in an electronic filing (e.g., affidavit) or contained within an electronic filing (e.g., verification), and shall make it available upon direction of the court or reasonable request of the signatory or opposing party.

Summary: Electronic filers must retain the original of any sworn or verified document filed electronically and make it available when the court directs or when a signatory or opposing party reasonably requests.

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Civil cases

Applies to

Affidavit

Attorneys holding commissions as notaries public, or who are otherwise authorized to administer oaths, shall not take or attest the affidavit of any party represented by them, and all affidavits taken in violation of this rule will be treated as null.

Summary: Attorneys may not take or attest affidavits of parties they represent; affidavits taken in violation are treated as null.

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Civil cases

Applies to

Stipulation

Judicial approval of stipulations of counsel is not required except for stipulations relating to the following matters: (1) The settlement, discontinuance and ending of an action as to less than all defendants; (2) The return of money deposited with the Court; (3) The transfer of an action to another Court or jurisdiction; (4) Late joinder of additional defendants; and (5) Waiver of the requirements of a local rule.

Summary: Judicial approval is required for stipulations relating to settlement as to less than all defendants, return of deposited money, transfer of action, late joinder of additional defendants, or waiver of local rule requirements.

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Civil cases

Applies to

Bill of costs

A bill of costs shall itemize those costs claimed to be due.

Summary: Bill of costs must itemize claimed costs.

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Civil cases

Applies to

Bill of costs

The bill of costs shall be verified by the affidavit of the party, his agent or attorney, stating that the disbursements set forth have been necessarily incurred and are reasonable in amount, and if incurred for the attendance of witnesses, that the witnesses named were actually present in Court and that, in his opinion, they were material witnesses.

Summary: Bill of costs must be verified by affidavit stating disbursements were necessary and reasonable, and witness details.

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Civil cases

Applies to

Praecipe

Termination of a case prior to the entry of an arbitration award, verdict or judgment may be accomplished without leave of Court only by filing a praecipe to settle, discontinue and end, or a praecipe to discontinue (without prejudice), signed on behalf of all parties who have asserted claims in the action.

Summary: A case may be terminated before an award, verdict, or judgment only by filing a praecipe to settle, discontinue and end, or a praecipe to discontinue (without prejudice), signed by all parties who asserted claims.

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Civil cases

Applies to

Praecipe

Termination of an appeal from arbitration before the entry of a verdict or judgment may be accomplished without leave of Court only by filing a praecipe to discontinue the appeal signed on behalf of all parties.

Summary: An appeal from arbitration may be discontinued before verdict or judgment only by filing a praecipe to discontinue the appeal signed by all parties.

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Civil cases

Applies to

Praecipe

Termination of a case after the entry of an unappealed arbitration award or after the entry of a verdict or judgment may be accomplished without leave of Court only by filing a praecipe to satisfy the award, verdict or judgment signed on behalf of the prevailing party or parties.

Summary: A case may be terminated after an unappealed arbitration award or a verdict/judgment only by filing a praecipe to satisfy the award, verdict, or judgment signed by the prevailing party or parties.

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Civil cases

Applies to

Complaint

Must include

caption

The complaint or other original filing shall contain in the Caption the addresses, including the electronic mail address, and zip codes, of all parties.

Summary: The complaint or other original filing must include in the caption the addresses, email addresses, and zip codes of all parties.

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Civil cases

Applies to

Tenant supersedeas affidavit section 8 ?

I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and 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.

Summary: The Section 8 Tenant's Supersedeas Affidavit must include a verification statement subject to penalties under 18 Pa.C.S. §4904.

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Civil cases

Applies to

Tenant supersedeas affidavit non section 8 ?

I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties in 18 Pa.C.S. §4904, relating to unsworn falsification to authorities.

Summary: The Non-Section 8 Tenant's Supersedeas Affidavit must include a verification statement subject to penalties under 18 Pa.C.S. §4904.

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Civil cases

Applies to

Notice to defend

(A) The agency to be contacted for legal help as provided in Pa.R.C.P. 1018.1(b) is: Philadelphia Bar Association, Lawyer Referral and Information Service, One Reading Center, Philadelphia, Pennsylvania 19107, Telephone (215) 238-1701. (B) The notice required shall also be given in Spanish. The Spanish version is as follows: See www.courts.phila.gov/forms for the current version of the Notice to Defend.

Summary: Notice to Defend must designate the named Philadelphia Bar Association legal referral agency and be provided in Spanish.

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Civil cases

Applies to

Pleading

Whenever money damages in a sum certain are claimed, the pleading shall state in a sum the precise amount, and the date or dates from which any interest upon it is claimed.

Summary: Pleadings claiming sum-certain money damages must state the precise amount and any interest dates.

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Civil cases

Applies to

Preliminary objection ?

The objections shall state specifically the grounds relied upon and shall state the argument as to whether the objections raise issues of fact or raise solely issues of law.

Summary: Eminent-domain preliminary objections must include a statement of specifically relied-upon grounds and whether they raise factual or solely legal issues.

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Civil cases

Applies to

Response to preliminary objection ?

Any response filed shall specifically respond to the statement as to whether preliminary objections raise issues of fact or raise solely issues of law.

Summary: If a response to these preliminary objections is filed, it must specifically address whether the objections involve factual or only legal issues.

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Civil cases

Applies to

Response

(2) the non-moving parties shall file a response within twenty (20) days of the service of the motion, may attach any document, pleading or item not already attached, attached by the moving Party, and shall include a brief or memorandum of law as set forth in Phila.Civ.R. *210,

Summary: The response to a judgment-on-pleadings motion may attach additional documents and must include a brief per Phila.Civ.R. *210.

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Civil cases

Applies to

Court appointed attorney military status report ?

When he has concluded his inquiry, he shall report to the Court the facts showing the status of the defendant so far as the attorney has been able to ascertain them, together with his recommendation on the subject which, unless it appears that defendant is not in the service, includes the necessity or propriety of requiring a bond and the amount thereof, and the reason for his recommendation. The report of the attorney shall be filed and the plaintiff’s petition for judgment put upon the motion list for consideration by the Court.

Summary: A court-appointed attorney investigating the defendant's military status must file a report of the findings and recommendations, including bond recommendations, and the report must be placed on the motion list.

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Civil cases

Applies to

Master long form complaint

(9) If appropriate, the date of death, the authority of the named plaintiff to bring the suit and the persons entitled to recover under the relevant statutes; and (10) If appropriate, any unusual allegations or jurisdictional statements specific to the particular case, which are not included in the Master Long Form Complaint.

Summary: The Master Long Form Complaint must include, when appropriate, the date of death, the named plaintiff's authority to sue, the persons entitled to recover, and any case-specific unusual allegations or jurisdictional statements.

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Civil cases

Applies to

Entry of appearance and answer

In response to a Short Form Complaint, each defendant may file an Entry of Appearance and Answer to Complaint, containing the name, address and telephone number of counsel representing each defendant, together with a statement incorporating the Master New Matter.

Summary: An Entry of Appearance and Answer to a Short Form Complaint must include the representing counsel's name, address, and telephone number and a statement incorporating the Master New Matter.

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Civil cases

Applies to

Short form answer

(b) If a complaint other than a Short Form Complaint is used by a plaintiff in a particular action, a defendant may file a Short Form Answer which responds only to allegations concerning the identity of the answering defendant. All remaining allegations shall be deemed denied and at issue. The Short Form Answer may set forth affirmative defenses by way of new matter, may incorporate by reference the defendants' Master New Matter, or may include any combination of both.

Summary: When a non-Short Form Complaint is used, a defendant may file a Short Form Answer limited to identity allegations with all remaining allegations deemed denied, optionally asserting affirmative defenses by new matter, adopting the Master New Matter, or both.

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Civil cases

Applies to

Short form joinder complaint

(2) Joinder of additional defendants shall be by means of a Short Form Joinder Complaint which shall consist of the following information: (a) Identification of each additional defendant, including the capacity in which each additional defendant is being joined.

Summary: A Short Form Joinder Complaint must identify each additional defendant and the capacity in which each is being joined.

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Civil cases

Applies to

Short form joinder complaint ?

(b) A statement in the following form: You are hereby joined as an additional defendant in this action and it is asserted that you are alone liable to the plaintiff, jointly and severally liable to the plaintiff and/or liable to the original defendants for contribution and/or indemnification.

Summary: The Short Form Joinder Complaint must include the prescribed statement asserting that the additional defendant is alone liable, jointly and severally liable, and/or liable to the original defendants for contribution or indemnification.

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Civil cases

Applies to

Short form joinder complaint ?

(c) The legal theory upon which each additional defendant is being joined if other than an alleged common law right to contribution or indemnity.

Summary: The Short Form Joinder Complaint must state the legal theory on which each additional defendant is joined, unless the basis is other than an alleged common law right to contribution or indemnity.

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Civil cases

Applies to

Short form joinder complaint

(3) A copy of the plaintiff's complaint or Short Form Complaint shall be attached to the Short Form Joinder Complaint.

Summary: A copy of the plaintiff's complaint or Short Form Complaint must be attached to each Short Form Joinder Complaint.

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Civil cases

Applies to

Writ of summons or complaint

If the plaintiff requests that the case be placed on a "Deferred" status, the request and the code number, if any, shall be inserted by plaintiff on the Civil Cover Sheet and on the first page of the Writ of Summons or Complaint. The Office of Judicial Records shall not assign an Arbitration Hearing date and the case shall be placed on a Deferred Status.

Summary: A plaintiff may request deferred arbitration status by inserting the request and code number on the Civil Cover Sheet and first page of the Writ or Complaint, which prevents assignment of a hearing date.

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Civil cases

Applies to

Miscellaneous arbitration application

Must include

local rule certificate ?

Any party may seek deferral of a case by filing a Miscellaneous Arbitration Application substantially in the form set forth hereunder, setting forth the reasons for the Deferral. Before filing the Miscellaneous Arbitration Application with the Arbitration Center, counsel shall comply with the instructions set forth on said form.

Summary: Parties seeking deferral other than at initial filing must file a Miscellaneous Arbitration Application in the prescribed form stating reasons for deferral and must comply with form instructions before filing.

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Civil cases

Applies to

Petition to transfer from major to arbitration ?

When a case is initially filed as a major case and, after the expiration of six months of the commencement date of the action, any party desires to transfer the case to compulsory arbitration, a petition must be filed with the Office of Judicial Records and the Motion Court to Transfer from Major to Arbitration.

Summary: After six months from commencement, a transfer from a major case to compulsory arbitration requires filing a petition to Transfer from Major to Arbitration with the Office of Judicial Records and the Motion Court.

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Civil cases

Applies to

Active status certificate

either party or counsel files an Active Status Certificate, substantially in the Form attached hereto, with the Arbitration Center certifying that the case is active.

Summary: The Active Status Certificate must be substantially in the form attached to the Rule and must certify the case is active.

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Civil cases

Applies to

Petition for approval compromise settlement minor ?

(D) The Petition shall be substantially in the form set that is filed and required therefor, and shall: (1) state the date of birth and the address of the child, the names and addresses, the anxious and addresses, the names and addresses of the parent(s), the names and addresses of all guardians of the person/type of the estate/an ad-litem of the minor, and the appointing court, and a factual recitation of the salient facts. . . ; (2) State the terms of the settlement, including the specific provisions (of the any annuity, if applicable, the detailed credit rating of the entity and assuming the responsibility for future payments, the present cost of the annuity, and the schedule and amount of periodic and lump sum payments; (3) State the amount of counsel fees that shall be the "exercis" and provide an itemization of the costs and expenses to be paid out of the settlement proceeds.

Summary: The minor settlement petition must include: the minor's date of birth/address and the parties' parents/guardians/court information and factual basis; ability; the annuity/settlement terms; and the legal fees and itemized expenses charged to be paid from settlement proceeds.

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Civil cases

Applies to

Petition

Must include

caption

In the event the Petition is filed in the Orphans' Court Division, the caption must comply with Pa.O.C. 3.2.

Summary: If the petition is filed in the Orphans' Court Division, the caption must comply with Pa.O.C. 3.2.

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Civil cases

Applies to

Petition

In the event the Petition involves an Incapacitated Person, appropriate changes are to be made. See Pa.R.C.P. No. 2051, et seq. and Phila, Civ. R. 2064.

Summary: Petitions involving an incapacitated person must be appropriately modified per Pa.R.C.P. No. 2051 et seq. and Phila.Civ.R. 2064.

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Civil cases

Applies to

Petition

The Petition of ________________________, a minor, by his Guardian (see Pa. R.C.P. No. 2028), by his attorney, ___________________________, Esquire respectfully requests:

Summary: The petition for leave to settle a minor's action must be brought by the minor's guardian and attorney and include the required information about the minor, guardian, parents, defendant, and injuries.

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Civil cases

Applies to

Minor settlement petition ?

Counsel is of the professional opinion that the proposed settlement is reasonable due to the following: _______________________________________________________________________

Summary: The petition must state counsel's professional opinion that the proposed settlement is reasonable and the reasons for that opinion.

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Civil cases

Applies to

Minor settlement petition ?

The Department of Human Services, or any other entity, does (not) have a claim or lien against the plaintiff(s) as follows ___________________________________________________________

Summary: The petition must state whether the Department of Human Services or any other entity has a claim or lien against the plaintiff(s).

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Civil cases

Applies to

Minor settlement petition ?

Counsel (has) (has not) and (will) (will not) receive collateral payments as counsel fees for representation involving the same matter from third parties (i.e. subrogation).

Summary: The petition must disclose whether counsel has received or will receive collateral payments as fees from third parties for the same matter.

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Civil cases

Applies to

Order approving settlement ?

IT IS FURTHER ORDERED and DECREED that the settlement proceeds be allocated as follows: 1. To: Minor Plaintiff(s) ... 2. To: Adult Plaintiff(s) ... IT IS FURTHER ORDERED and DECREED that the settlement proceeds be distributed as follows: 1. Minor Plaintiff ...

Summary: The Order Approving Settlement must allocate settlement proceeds to minor plaintiffs (identified by name, DOB, and SS#) and adult plaintiffs, and must order distribution of the proceeds.

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Civil cases

Applies to

Order approving settlement ?

The share of each minor Plaintiff shall be separately distributed.

Summary: Each minor plaintiff's share of settlement proceeds must be distributed separately.

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Civil cases

Applies to

Settlement order ?

The certificate shall be titled and restricted as follows: _____________________, a minor, not to be redeemed except for renewal in its entirety, not to be withdrawn, assigned, negotiated, or, otherwise alienated before the minor attains majority, except upon prior Order of Court. Counsel shall open a savings account in the sum of $_________________ in the name of the minor. The savings account shall be titled and restricted as follows: _____________________, a minor, not to be withdrawn before the minor attains majority, except for the payment of city, state, and federal income taxes on the interest earned by the savings certificate and savings account, or upon prior Order of Court.

Summary: Savings certificates and accounts for a minor must include specified restrictions on redemption, withdrawal, assignment, and negotiation before majority.

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Civil cases

Applies to

Affidavit

Counsel shall attach to the Affidavit a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

Summary: The affidavit must attach a copy of the Certificate of Deposit and/or bank account containing the required restrictions.

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Civil cases

Applies to

Affidavit

If the Petition has been filed with the Clerk of the Orphans' Court Division pursuant to Rule *2039 (B)(2), the Affidavit shall likewise be filed with the Clerk of the Orphans' Court Division.

Summary: If the petition was filed with the Clerk of the Orphans' Court Division, the affidavit must also be filed there.

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Civil cases

Applies to

Affidavit of compliance ?

In the event that compliance with the Court's Order is not fully accomplished, the attorney shall describe the extent of compliance and any reasons for delay in an Affidavit filed within 60 days of the entry of the Order. A subsequent Affidavit An affidavit shall be filed upon complete satisfaction of the terms of the Order.

Summary: If the Court's distribution order is not fully complied with, the attorney must file an Affidavit within 60 days describing compliance and delay, and then file a follow-up Affidavit when fully satisfied.

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Civil cases

Applies to

Settlement petition ?

In the event a portion of the settlement is payable through the purchase of an annuity, set forth the credit rating of the entity which assumes responsibility for future payments, the present cost of the annuity, as well as the periodic and lump sum payments sought

Summary: If any portion of the settlement is paid through an annuity, the petition must disclose the annuity provider's credit rating, the present cost of the annuity, and the periodic and lump-sum payments sought.

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Civil cases

Applies to

Affidavit of compliance ?

I, , Esquire, hereby state and affirm that I have complied with the Order issued on ___________________ by the Honorable ________________ as follows: Copies of bank accounts are attached hereto. I verify that the statements in this Affidavit are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.

Summary: The required affidavit must affirm compliance with the court's order, attach copies of bank accounts, and verify the statements subject to the penalties of 18 Pa.C.S. 4904.

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Civil cases

Applies to

Notice of joinder ?

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

Summary: The joinder notice must state the court, term, number, parties, and nature of the action, and warn that the addressee must join within 20 days or the claim is barred.

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Civil cases

Applies to

Application to drop party ?

Application under Pa.R.C.P. 2232(b), to drop from the record a party who has been misdisclosed, was ordered as follows: or against whom no claim for relief is asserted in the action, shall be by rule to show cause, directed to all other parties.

Summary: To drop a misjoined or non-claim party from the record under Pa.R.C.P. 2232(b), the application must proceed by rule to show cause directed to all other parties.

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Civil cases

Applies to

Application to join party ?

Application under Pa.R.C.P. 2232(c), to join as a party any other person who could have joined or could have been compelled to join in the action, shall be by rule to show proceedings.

Summary: An application to join a party under Pa.R.C.P. 2232(c) must proceed by rule to show cause.

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Civil cases

Applies to

Witness list ?

A list of the names and current addresses of all fact and expert witnesses intended to be called at trial, other than product identification witnesses, shall be served by counsel for each party upon counsel for all other parties on or before the day that the case first appears in the top fifty cases on the trial list. Liability and damages witnesses shall be designated separately on each list. Any person whose name and address has not been so disclosed shall be precluded from testifying in any party's case in chief unless allowed by the Trial Judge upon timely notice to all counsel upon a showing of good cause for the absence of prior identification and a finding that no prejudice has resulted therefrom.

Summary: In asbestos cases, each party must serve a witness list (names and current addresses of fact and expert witnesses, with liability and damages witnesses designated separately) by the time the case reaches the top fifty on the trial list; failure to disclose precludes testimony absent good cause.

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Civil cases

Applies to

Pre complaint discovery request ?

As authorized by Pa.R.C.P. Nos. 4003.8, a request for pre-complaint discovery, or an objection thereto, whether in the nature of discovery for preparation of pleadings (see Pa.R.C.P. No. 4001 (c)), or in the nature of written interrogatories and depositions for the purpose of preparing a complaint (see Pa.R.C.P. Nos. 4005(a) and 4007.1 (c)) must comply with all requirements of Non-Discovery Motions as set forth in Phila.Civ.R. *208.3(b)(2).

Summary: Requests for pre-complaint discovery and objections to them must comply with all requirements for Non-Discovery Motions under Phila.Civ.R. *208.3(b)(2).

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Civil cases

Applies to

Request for production

Requests upon a party for production of documents and things in the forms hereinafter reproduced shall be utilized in the Compulsory Arbitration Program: (A) Plaintiff(s) Request for Production of Documents Directed to Defendant(s); and (B) Defendant(s) Request for Production of Documents Directed to Plaintiff(s).

Summary: In the Compulsory Arbitration Program, requests for production of documents and things must use the prescribed forms (plaintiff's request directed to defendant or defendant's request directed to plaintiff).

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Civil cases

Applies to

Record reproduction service certification ?

(1) This organization has reviewed the rules governing reproduction services and will comply with them; (2) This organization is insured and evidence of insurance, by certificate of the insurer, is attached; (3) This organization has the necessary equipment and personnel to comply with all requirements of the rules in a timely fashion; (4) In accordance with applicable rules the following Center City location is designated as the office where records will be made available for examination by counsel:

Summary: The annual certification filed by record reproduction services must include attestations about rule compliance, insurance, equipment and personnel, and a designated Center City location for record examination.

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Civil cases

Applies to

Records subpoena notice ?

The notice shall be accompanied by a copy of the subpoena proposed to be served along with any other document to be served upon the record holder

Summary: The notice to parties must include a copy of the proposed subpoena and any other documents to be served on the record holder.

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Civil cases

Applies to

Records subpoena notice ?

The notice shall identify the records, the custodian and the party who has made the request

Summary: The records notice must identify the records requested, the custodian, and the requesting party.

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Civil cases

Applies to

Records subpoena notice ?

The notice and the counsel return card shall be in the forms shown in Appendices A and B stating that if the Return Card is not sent back to the record reproduction service or is returned stating no objection thereon, the subpoena shall be sent to the records custodian fifteen days from the date of the notice requesting that the records be produced on or before ten days thereafter. If a partial objection is stated on the Return Card, the records reproduction service shall proceed in a manner consistent with such objection.

Summary: The notice and return card must follow Appendices A and B, and if no objection is received the subpoena is sent to the custodian fifteen days after the notice with production due within ten days thereafter.

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Civil cases

Applies to

Records subpoena ?

To obtain records, the record reproduction service shall send to the Records Custodian a letter in the form of Appendix C and a record reproduction subpoena in the form of Appendix D.

Summary: To obtain records, the service must use the letter form in Appendix C and the subpoena form in Appendix D.

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Civil cases

Applies to

Certificate of records copies ?

Where records are obtained by a record reproduction service, the service shall certify either that the records have been copied or that, to the extent possible, which records have not been copied.

Summary: The record reproduction service must certify that it copied all records obtained from the custodian, or specify which records were not copied.

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Civil cases

Applies to

Exhibits

Exhibits, consents, approvals, checklists, and attachments shall meet the requirements of Pa. O.C. Rule 1.8 and Rule 1.8A.

Summary: Exhibits, consents, approvals, checklists, and attachments must comply with Pa. O.C. Rule 1.8 and Rule 1.8A.

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Civil cases

Applies to

Copy of inventory will codicils ?

(b) a copy of the inventory and of the will and codicils, certified by the accountant or counsel to be true and correct.

Summary: The copy of the inventory, will, and codicils filed with a personal representative's account must be certified by the accountant or counsel as true and correct.

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Civil cases

Applies to

Petition for adjudication statement of proposed distribution

Receipts and disbursements subsequent to the date to which the account was stated and to be included in the adjudication shall be set forth in the Petition for Adjudication/Statement of Proposed Distribution and in the audit notice.

Summary: Receipts and disbursements arising after the accounting date that will be included in the adjudication must be stated in the Petition for Adjudication/Statement of Proposed Distribution and in the audit notice.

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Civil cases

Applies to

Notice statement for corp petition ?

(g) a statement of the method and date of giving notice to all interested parties of the filing of the account and the Petition for Adjudication/Statement of Proposed Distribution and of the time of the audit, or alternatively, an averment that such notice shall be given and a certification thereof shall be submitted at the audit as hereinafter set forth. In those instances where notice has been given, a copy of said notice, as well as the names and addresses of the parties notified, shall be appended to the Petition for Adjudication/Statement of Proposed Distribution. In those instances where notice is yet to be given, a copy of said notice, as well as the names and addresses of the parties informed, are required to be submitted to the Court at audit, together with a statement executed by the accountant or the accountant's counsel certifying that notice has been given.

Summary: The filing must include a statement of the method and date of notice given to all interested parties, or an averment with certification submitted at the audit, and the notice itself and list of names/addresses must be appended when notice has been given or submitted at audit when notice is pending.

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Civil cases

Applies to

Letter of no objection

(b) Letter of No Objection from counsel for the Pennsylvania Department of Human Services;

Summary: A Letter of No Objection from counsel for the Pennsylvania Department of Human Services must be filed with special-needs trust accounts.

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Civil cases

Applies to

Statement of notice to dhs ssa ?

(c) statement of method and date of notice to Pennsylvania Department of Human Services Special Needs Trust Depository and Social Security Administration.

Summary: Special-needs trust account filings must include a statement of the method and date of notice to the Pennsylvania DHS Special Needs Trust Depository and the Social Security Administration.

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Civil cases

Applies to

Notice of filing schedule court ?

The notice shall state the date of filing, that a copy of the schedule of distribution accompanies the notice or will be sent upon request, and that any party who objects to the schedule of distribution must electronically file objections within twenty (20) days of the filing of the schedule of distribution under penalty that the Court may otherwise assume that there is no objection and may approve the schedule as filed.

Summary: The notice of the filing of a schedule of distribution must state the filing date, how to obtain a copy of the schedule, and that objections must be electronically filed within 20 days or the Court may approve the schedule as unopposed.

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Civil cases

Applies to

Objections

Objections may be electronically filed within twenty (20) days of the filing of the schedule of distribution, and shall indicate the basis for the objections and in what respect the schedule of distribution fails to conform to the adjudication. In no event may be the case, and the proceedings that have any meaning that are actually or could have been raised at the audit of the account.

Summary: Objections must state the basis for each objection and how the schedule fails to conform to the adjudication, and may not revisit matters actually raised or raisable at the audit of the account.

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Civil cases

Applies to

Schedule of distribution

Real property shall be described in the same detail and with the same particularity as is commonly required to be included in deeds, and, in addition, shall include information pertinent to the derivation of title. Counsel for the accountant shall certify that counsel or counsel's agent has examined the last recorded deed or the record thereof in the public office for recording deedsings in the county in which the real estate is located and that the description in the schedule of distribution is in conformity therewith.

Summary: Real property in a schedule of distribution must be described with deed-level detail (including title derivation information), and counsel for the accountant must certify that the last recorded deed was examined and the description conforms to it.

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Civil cases

Applies to

Unknown distributee report ?

The report required by Pa. O.C. Rule 2.10(b) shall be submitted at the audit, and shall include, substantially, the following: (1) Unknown Distributee. If it appears that the identity or whereabouts of the distributee is unknown, or that there are no known heirs, the fiduciary shall submit a written report, verified by the affidavit of the fiduciary and counsel for the fiduciary, in which shall be set forth: (a) the nature of the investigation made to locate the possessory; the initial for the complete; and (b) in cases of intestacy, or where no known heirs, the family tree as is complete as possible under the concentration as supported by such documentary evidence as the fiduciary has been able to obtain. The term "investigation," as used in this Rule, shall include the preliminary of or as to residents of a household in which the decedent did reside; friends and neighbors; labor union membership; the places of employment of the decedent.

Summary: A report on foreign or unknown distributees must be submitted at the audit and, when a distributee is unknown or no heirs are known, must include a detailed verified report of the investigation performed and a family tree with supporting documentation.

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Civil cases

Applies to

E filed legal paper ?

A hard copy of the legal paper shall be signed and, as required, verified prior to the electronic filing of the legal paper, and the filing party shall retain such hard copy as required by O.C. Ruly 4.7(c).

Summary: A signed and, when required, verified hard copy must exist before e-filing, and the filing party must retain it.

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Civil cases

Applies to

Petition to convey or mortgage minors real property ?

The petition shall conform to the requirements of the Rules governing the sale or mortgage of real property by a guardian.

Summary: A petition to convey or mortgage a minor's real property must conform to the rules governing sale or mortgage of real property by a guardian.

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Civil cases

Applies to

Petition for allowance ?

A petition for an allowance from a minor's estate, for the maintenance, support or education of the minor, the minor's spouse or children, shall set forth: (a) the manner of the guardian's appointment and qualification, and the dates thereof; and the terms of the instrument creating the estate; (b) the age and residence of the minor; whether the minor's parents are living; the name of the person with whom the minor resides; and, if married, the name and age of the minor's spouse and children; (c) the value of the minor's estate, real and personal, and the net annual income; (d) the circumstances of the minor, whether employed or attending school; if the minor's mother or father, or other person charged with the duty of supporting the minor, is living, the financial condition and income of such person and why such person is not discharging his or her duty to support the minor; and whether there is adequate provision for the support and education of the minor, or the minor's spouse and children; (e) the date and amount of any previous allowance by the Court, and the name of the Judge who granted it; (f) the financial requirements of the minor and the minor's family unit, in detail, and the circumstances making such allowance necessary; and (g) if the petition is presented by someone other than the guardian, that demand was made upon the guardian to act, and the reason, if any, given by the guardian for the guardian's failure to do so.

Summary: A petition for an allowance from a minor's estate must set forth detailed information about the guardian, the minor, the estate, prior allowances, and financial needs.

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Civil cases

Applies to

Petition for allowance of counsel fee ?

A petition for the allowance of counsel fee shall set forth the views of the guardian with respect to the reasonableness of the fee and contain sufficient facts to enable the Court to pass judgment on the matter. The following exhibits shall be attached to the petition: (a) a statement of counsel setting forth in detail the nature and extent of the services performed;

Summary: A petition for allowance of counsel fee must state the guardian's views on fee reasonableness and attach a detailed statement of counsel's services.

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Civil cases

Applies to

Petition to sell real property at public sale trustee ?

(a) Trustee. A petition to sell real property at public sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) how title was acquired, stating the date and place of probate of the will or recording of the deed; (ii) a full description of the real property and related facts; (iii) the interest of the petitioner and how and when any fiduciary was appointed; (iv) the history of the trust and the names, ages and the nature and extent of the interests of all parties, including minors and incapacitated persons and their guardians; (v) the limitations or defeasibility from which title is to be freed and the purposes and language of 20 Pa.C.S. § 8301; (vi) sufficient facts to enable the Court to determine whether the sale is to the interest and advantage of the parties and without prejudice to any trust, charity, or purpose; and (vii) the names of any parties who do not voluntarily appear.

Summary: A trustee's petition to sell real property at public sale under 20 Pa.C.S. § 8301 et seq. must set forth, in separate paragraphs, detailed information about title, property description, the petitioner's interest, trust history, the interests of all parties, and the names of non-consenting parties.

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Civil cases

Applies to

Guardian petition to sell real property at public sale ?

(b) Guardian. A petition by a guardian to sell real property at public sale, under 20 Pa.C.S. § 8301 et seq., shall also set forth in separate paragraphs: (i) matters relating to the petitioner's appointment as guardian of the estate of the minor; (ii) the interest of the minor and a full description of the real property proposed to be sold, with its improvements, occupancy, rental value, tax assessment, and liens; (iii) how title was acquired and, if the interest of the minor is partial, the names and interests of other parties who desire the sale and are willing to join in the deed; (iv) the age of the minor, names of next of kin, and the notice given them; and (v) sufficient facts to enable the Court to determine that the sale is in the interest of the minor.

Summary: A guardian's petition to sell real property at public sale under 20 Pa.C.S. § 8301 et seq. must set out in separate paragraphs the guardian's appointment, the minor's interest and property description, title information, the minor's age, next of kin, and the facts showing the sale is in the minor's interest.

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Civil cases

Applies to

Petition of sale decree ?

The Court, in the decree approving or confirming the sale, will fix the amount of security which the fiduciary shall be required to enter on the practice and procedure with respect to the entry of security, and the notice directed to the parties, shall conform to the appropriate provisions of Rule 5.11A.

Summary: In approving a private-sale petition, the court will set the fiduciary's security amount in the decree, and security and notice practice proceeds under Rule 5.11A.

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Civil cases

Applies to

Petition by personal representative or trustee ?

(1) When a personal representative or trustee was required to give a bond, a petition by a personal representative or trustee shall set forth the following information: (i) the name, residence and date of death of the decedent; whether the decedent died testate or intestate; and the date letters were granted to the petitioner; (ii) the total value of all assets set forth in the inventory; (iii) value at which the real property to be sold was included in the inventory; (iv) if bond was entered, the name of the surety and the amount of such bond; (v) the street address or other adequate description of the property to be sold; a brief description of the building erected on the property; the current occupant of the property; and the current tax assessment; (vi) name and address of the purchaser and a brief recital of the terms of the sale; (vii) the estimated net proceeds which petitioner will receive at the time of settlement; (viii) all liens of record known to petitioner; (ix) names and relationships of all interested parties; whether or not they are sui juris, and, if not, the names of their fiduciaries and a statement of how they were appointed; and whether or not they join in the petition or consent to the sale; and (x) sufficient facts to enable the Court to determine that the sale is desirable for the proper administration and distribution of the estate.

Summary: When a bond was required, a petition by a personal representative or trustee to sell real property must set forth ten specified items of information.

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Civil cases

Applies to

Petition by trustee ?

(b) A petition by a trustee shall set forth the following information: (i) how title was acquired; (ii) a recital of the relevant provisions of the will, trust agreement, deed or other relevant instrument pertaining to the real property to be sold; (iii) estimated value of all assets currently held in trust; and (iv) equivalent information required under paragraph (a)(iv) through (x) in a petition by a personal representative.

Summary: A trustee's petition to sell real property must show how title was acquired, the relevant instrument provisions, total trust assets, and the same bond, property, sale parties, and us

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Civil cases

Applies to

Petition to sell real property ?

(3) Exhibits. Attached to the petition shall be the following: (a) a copy of the will, trust agreement, deed, or other relevant instrument; (b) a copy of the agreement of sale; (c) a schedule setting forth the computation of the estimated net proceeds which petitioner will receive at the time of settlement, including an itemized list of estimated closing expenses; and (d) consents to the sale signed by those interested parties who do not join in the petition, and the names and addresses of those parties who do not consent and a copy of the notice which has been given to them.

Summary: Petitions to sell real estate must attach the relevant instrument, the agreement of sale, a net-proceeds schedule with itemized closing expenses, and signed consents plus names/addresses of non-consenting parties.

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Civil cases

Applies to

Petition to sell real property ?

(4) Appraisals. No appraisal shall be required if company counsel certifies that: (a) in counsel's opinion the estate is solvent; and (b) counsel knows of no objection to the sale by an interested party. In the absence of such certification, an appraisal by a qualified appraiser shall be presented with the petition. The Court may order the appointment of an appraiser in any case where it deems it appropriate or necessary for the disposition of the petition.

Summary: An appraisal must accompany the petition unless counsel certifies the estate is solvent and knows of no objection to the sale; the Court may orders an appraiser at the necessary.

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Civil cases

Applies to

Response ?

may attach any document, pleading or item not attached by the moving party, and shall include a brief or memorandum of law;

Summary: The response may attach documents not filed by the moving party and must include a brief or memorandum of law.

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Civil cases

Applies to

Objection to auditor account ?

Objections to the report of an auditor who states an account shall be asserted as objections to the auditor's account, and shall be in the form provided in Pa. O.C. Rule 2.7.

Summary: Objections to an auditor's stated account must be asserted as objections to the account in the form provided by Pa. O.C. Rule 2.7.

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Civil cases

Applies to

Guardianship petition ?

When the petitioner avers, as required by Pa. O.C. Rule 14.2 (a) (6), (7) and (8), the existence of an executed health care power of attorney or advance health care directive, or an executed power of attorney, or any other writing by the alleged incapacitated person pursuant to Title 20, Chapters 54, 56 or 58, the petition shall state the position of the Petitioner as to the continuation of the duties of the agent identified under such document(s).

Summary: A guardianship petition must state the petitioner's position on continuation of the agent's duties when the petition avers the existence of a health care power of attorney, advance health care directive, power of attorney, or similar writing.

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Civil cases

Applies to

Testamentary writings

(4) Testamentary Writings. A copy of all testamentary writings of the incapacitated person found by the guardian, or in the possession of any other person, certified to be true and correct, shall be submitted by the guardian or such other person to the Hearing Judge for inspection within thirty (30) days of such guardian’s appointment, or within thirty (30) days when such testamentary writing(s) is subsequently discovered.

Summary: Certified copies of all testamentary writings must be submitted to the Hearing Judge within 30 days of the guardian's appointment or within 30 days of discovery.

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Civil cases

Applies to

Consent of guardian ?

Further, subject to penalty of law under 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities, I affirm that I have not been convicted of or pleaded guilty or no contest to any crime involving fraud, deceit, and/or financial misconduct.

Summary: The Consent of Guardian form must include the guardian's affirmation, under penalty of law, that they have not been convicted of or pleaded guilty or no contest to any crime involving fraud, deceit, or financial misconduct.

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Civil cases

Applies to

Certificate

In the event the incapacitated person has a safe deposit box, an Official Examiner of this court shall be in attendance when the safe deposit box is opened by the Guardian of the Estate. The Certificate of the Official Examiner of his examination of the assets in the safe deposit box shall be submitted to the Court, and, when approved by the hearing judge, shall be filed with the record in this case.

Summary: When a safe deposit box is opened, an Official Examiner must attend and submit a Certificate of examination to the Court for approval and filing with the record.

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Civil cases

Applies to

Petition

Any other challenges, e.g., to circulator affidavits, candidate affidavits, etc., must be clearly and separately stated in the Petition.

Summary: The Petition must clearly and separately state any challenges beyond signature lines, such as challenges to circulator or candidate affidavits.

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Civil cases

Applies to

Spreadsheet

The Petition shall specify objections to individual signature lines in nomination petitions and these shall be set forth in an Excel or other similar spreadsheet format. Objector may use the downloadable spreadsheet provided on the Court’s website at: www.courts.phila.gov/forms. Spreadsheet columns shall include, for each challenged signature line: page number, line number, county, and the reason or reasons for each challenge. The spreadsheet shall designate the grounds of challenge by codes, as follows: NR = Not Registered; NRA = Not Registered at Address; NRDS = Not Registered on Date Signed; NRD = Not Registered Division; OC = Out of County; Ill = Illegible; LIO = Line Information Omitted; DUP = Duplicate; IHA = Line Information in Hand of Another; N/I = Nickname/Initial; PRI = Printed Signature; DCA = Defective Circulator Statement; SAC = Signed After Circulator’s Affidavit Dated; Other = Any ground for objection not listed above.

Summary: Objections to individual signature lines must be itemized in an Excel or similar spreadsheet, with required columns and designated challenge codes.

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Civil cases

Applies to

Petition

the Petition to Set Aside Nomination Petition (hereinafter “Petition”), substantially in the form set forth below, and Exhibits must be filed with the Office of Judicial Records (formerly the Office of Judicial Records) no later than 5:00 PM on March 17, 2026.

Summary: The petition to Set Aside the Nomination Petition must be substantially in the form set forth below the Order.

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Civil cases

Applies to

Order to show cause

The Order to Show Cause shall be in the format attached below.

Summary: The Order to Show Cause must be in the format attached below the Order.

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Civil cases

Applies to

Affidavit of service

The Affidavit of Service shall be in the format attached below.

Summary: The Affidavit of Service must be in the format attached below.

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Civil cases

Applies to

Petition to set aside nomination petition ?

I, hereby verify that the facts contained in the within Petition are true and correct to the best of my knowledge, or information and belief. I understand that the statements made herein are made subject to the provisions of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Summary: The Petition must include a Verified by the petitioner or counsel under penalty of unsworn falsification as set forth in 18 Pa. C.S. § 4904.

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Civil cases

Applies to

Objections spreadsheet ?

In addition, Petitioner must provide a digital version of the objections in spreadsheet format together with a key to the codes used in the spreadsheet, either by electronic mail or by on a digital media device (USB Flash drive or Memory stick).

Summary: Petitioner must provide a digital spreadsheet of the objections and a code key via email or portable storage device.

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Civil cases

Applies to

Signature rehabilitation list ?

(b) The Candidate shall file a list of all signature lines identified by page number and line number that are facially defective and that Candidate intends to rehabilitate. Candidate shall also state the manner in which Candidate intends to rehabilitate the signature lines.

Summary: Candidate must file a list of facially defective signature lines intended to be rehabilitated, and the manner of rehabilitation.

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Civil cases

Applies to

Affidavit of service ?

Must include

certificate of service ?

I verify that the facts contained herein are true and correct to the best of my knowledge or information and belief. I understand that the statements made herein are made subject to the provisions of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.

Summary: The Affidavit of Service must include a verification that the statements are made subject to 18 Pa. C.S. §4904 (unsworn falsification to authorities).

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Criminal cases

Applies to

Affidavit

The electronic filer shall maintain the original of a sworn or verified document contained in an electronic filing (e.g., affidavit) or contained within an electronic filing (e.g., verification), and shall make it available upon direction of the court or reasonable request of the signatory or opposing party.

Summary: The electronic filer must maintain the original of sworn or verified documents and make them available upon court direction or reasonable request.

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Criminal cases

Applies to

Transcript

Where a negotiated plea has been refused by the trial judge after hearing the facts of the case and the defendant is permitted to withdraw the guilty plea, the Quarter Sessions clerk shall note on the transcript, with specificity, the District Attorney's recommendation and that the plea bargain was declined by the judge.

Summary: When a negotiated plea is refused and the defendant withdraws the guilty plea, the clerk must note the DA's recommendation and the declined plea bargain on the transcript.

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Criminal cases

Applies to

Disapproval of private criminal complaint ?

A disapproval of a private criminal complaint shall require the signature of an Assistant District Attorney and shall set forth the reasons for the disapproval.

Summary: A disapproval of a private criminal complaint must include an Assistant District Attorney's signature and the reasons for disapproval.

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Criminal cases

Applies to

Bail decision ?

In a proper case, Arraignment Court Magistrates may depart from the Bail Guidelines and fix bail in an amount higher or lower than indicated in the Guideline Matrix; provided, however, that in such case the reason(s) shall be indicated in writing by the Magistrates.

Summary: When departing from the Bail Guidelines, magistrates must indicate the reasons in writing.

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Applies to

Return of service

b. Sheriffs and constables shall make returns of service upon the forms and in the manner customary in the same locality.

Summary: Sheriffs and constables must make returns of service using the forms and manners customary in their locality.

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Applies to

Complaint

If the claimant does not furnish a “Notice of Defense” the complaint should be noted “Notice of Defense Dismissed”

Summary: If the claimant does not include a Notice of Defense form, the complaint must be marked 'Notice of Defense Waived'.

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Criminal cases

Applies to

Answer

The assigned judge may require the filing of an Answer.

Summary: The assigned judge has discretion to require a party to file an Answer to a motion for return of property.

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Civil cases

Applies to

Praecipe

The request for termination of the supersedeas, upon the praecipe filed with the Office of Judicial Records, may simply state: "Please terminate the supersedeas in the within action for failure of the appellant to pay monthly rental as required by Philadelphia Civil Rule *1008 when it became due" and will be signed by appellee.

Summary: A praecipe to terminate a supersedeas may state the specified language and must be signed by the appellee.

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Civil cases

Applies to

Settlement order ?

The share of each adult plaintiff shall be separately distributed.

Summary: Each adult plaintiff's settlement share must be separately distributed.

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Civil cases

Applies to

Petition for reinstatement ?

(b) Reinstatement of Terminated Case. Any case terminated after notice by publication in The Legal Intelligencer may be reinstated by the Court, for good cause shown, upon the filing of a Petition and Answer thereto, if any.

Summary: Terminated cases may be reinstated by the Court for good cause through the filing of a Petition for Reinstatement and Answer, if any.

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Civil cases

Applies to

Schedule of distribution

A schedule of distribution shall set forth separate awards of real property in separate paragraphs.

Summary: Each separate award of real property in a schedule of distribution must be stated in its own paragraph.

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Civil cases

Applies to

Petition for private sale real property to pay debts ?

(e) The procedure and the information required for a petition for the private sale of real property to pay debts of a decedent shall conform, as nearly as practicable, to the procedure and information required of a petition presented under Rule 5.11A.

Summary: Petitions for the private sale of real property to pay debts must conform, as nearly as practicable, to Rule 5.11A.

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Civil cases

Applies to

Affidavit for filing by foreign fiduciary ?

The following form may be used where applicable: (1) Affidavit for Filing in Philadelphia County by Foreign Fiduciary.

Summary: The Affidavit for Filing in Philadelphia County by Foreign Fiduciary may be used where applicable in Register of Wills proceedings.

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Civil cases

Applies to

Consent of guardian ?

The primary language of the alleged incapacitated person is _________. My primary language is _________.

Summary: The Consent of Guardian form must disclose the primary language of the alleged incapacitated person and of the guardian.

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Civil cases

Applies to

Petition

The Order to Show Cause and the Proposed Order will be generated by the Court’s case management system and the Petitioner need not file either document with the Petition.

Summary: The Court’s case management system generates the Order to Show Cause and Proposed Order, and the Petitioner does not need to file them with the Petition.

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Civil cases

Applies to

Final order

The final order shall be in the format attached below.

Summary: The final order must be in the format attached below the Order.