Bucks County Civil Practice

2011

Automation Forms with Selected Rules, Annotations & Tips

BUCKS COUNTY CIVIL PROCEDURE

Automation electronic documents for composing repetitive, Bucks County rule-based court forms and legal practice documents

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2011

Initial Pleadings

CHAPTER 1

Pennsylvania Rule 205.5 Cover Sheet This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq.

(2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary.

Note: When a defendant in an action before a magisterial district court appeals the decision to the court of common pleas, the plaintiff in the action before the magisterial district court shall complete the cover sheet when filing the complaint with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule.

Note: Pa. R.C.P. No. 205.4 provides for electronic filing and service of legal papers. Rule 205.4(h) permits a judicial district which has implemented an electronic filing system to be exempt from the requirements of this rule provided that the information to be gathered by the cover sheet can be captured and transmitted to the Administrative Office of Pennsylvania Courts by the electronic filing system.

Civil Cover Sheet Pennsylvania

(a)(1)

Pa. R.C.P. No. 239.9 provides for the promulgation of a local rule, numbered Local Rule 205.4, governing procedures for electronic filing specific to a judicial district. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet.

The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us.

Note: Cover sheets developed by a judicial district may be used in addition to the cover sheet required by this rule. See Rule 239.1, which requires a court that uses local cover sheets to promulgate a local rule, numbered Local Rule 205.2(b), setting forth the form of cover sheet, and Rule 239.8 for the requirements for adopting Local Rule 205.2(b).

TIP: The form from the Unified Judicial System does not include a field for the Attorney I.D. #. The Bucks Prothonotary will request filers to fill same in when filing in person. The form provided herein has been modified and the Attorney I.D. # has been included.

ANNOTATION: The form for the civil cover sheet can be found on the Web site of the Unified Judicial System at this link: http://www.pacourts.us/NR/rd onlyres/6F1CB826-76664C03-97B1CC056A52699D/0/CoverShee tCPCivilFilings_100422.pdf

Supreme Court of Pennsylvania 1 Mouse click Court of Common Pleas on the grey boxes Civil Cover Sheet to select

For Prothonotary Use Only: Docket No:

Bucks County

The information collected on this form is used solely for court administrative purposes. This form does not supplement or replace the filling and service of pleadings or other papers as required by law or rules of court.

S E C T I O N

Commencement of Action: Complaint Writ of Summons Transfer from Another Jurisdiction Lead Plaintiff’s Name:

2 Mouse click on the grey fields to fill-in form

Check here if you are a Self-represented (Pro Se) Litigant Name of Plaintiff/Appellant’s Attorney & I.D. #: Dollar Amount Requested: Are money damages requested?: Yes No (Check one) Is this a

Nature of the Case:

Intentional Malicious prosecution Motor Vehicle Nuisance Premises Liability Product Liability (does not include mass tort) Slander/Libel/Defamation Other:

MASS TORT Asbestos Tobacco Toxic Tort - DES Toxic Tort - Implant Toxic Waste Other

PROFESSIONAL LIABILITY Dental Legal Medical Other Professional:

Pa.R.C.P. 205.5

Class Action Suit?

Yes

within arbitration limits outside arbitration limits

No

Place an “X” to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important.

TORT (do not include Mass Tort)

B

Notice of Appeal

Lead Defendant’s Name:

A

S E C T I O N

Petition Declaration of Taking

CONTRACT (do not include Judgments) Buyer Plaintiff Debt Collection: Credit Card Debt Colleton: Other

Employment Dispute: Discrimination Employment Dispute: Other

Other:

REAL PROPERTY Ejectment Eminent Domain/Condemnation Ground Rent Landlord/Tenant Dispute Mortgage Foreclosure Partition Quiet Title Other:

CIVIL APPEALS Administrative Agencies Board of Assessment Board of Elections Dept. of Transportation Zoning Board Statutory Appeal: Other

Judicial Appeals MDJ – Landlord/Tenant MDJ – Money Judgment Other:

MISCELLANEOUS Common Law/Statutory Arbitration Declaratory Judgment Mandamus Non-Domestic Relations Restraining Order Quo Warranto Replevin Other:

2/2010

Civil Cover Sheet Bucks

Bucks County Rule 205.2(b) Cover Sheet Every initial filing commencing an action, appeal or miscellaneous application in the civil division of the Bucks County Court of Common Pleas shall be accompanied by an informational cover sheet in such form as may be prescribed by the Prothonotary. This cover sheet may collect such information as the names of parties and counsel, the nature of the matter being filed; the amount in controversy and such other miscellaneous information as may assist the Court in the administration of its dockets.

ANNOTATION: The form for the Bucks County civil cover sheet can be found on the Web at this link: http://www.buckscounty.org/g overnment/rowOfficers/Protho notary/forms/CivilCourt.pdf

The failure to file this form or the failure to file the form correctly or completely may result in an order imposing sanctions.

Note: This form can be found online at this link. Copies may also be obtained by calling the Office of the Prothonotary at 215 348-6191.

Bucks County Rule 1301*(a)-*(b) Cases for Submission *(a) All cases which are now or later at issue when the amount in controversy on each cause of action stated therein (inclusive of interest, but exclusive of costs) shall be $50,000 or less, excepting those involving title to real estate, shall be submitted to and heard and decided by a board of arbitrators, consisting of three attorneys of the Bucks County Bar in active practice in this County. *(b) Cases, whether or not at issue and regardless of amount or subject in controversy, may be referred to a board of arbitrators by agreement of reference signed by all parties or their counsel, which said agreement of reference shall define the issues involved for determination by the board, and when the respective counsel so desire, may contain stipulations with respect to facts submitted or agreed or defenses waived. In such cases, the agreement of reference shall take the place of the pleadings in the case and shall be filed of record.

DEMAND

TIP: Although this form technically is replaced by the Pennsylvania Cover Sheet, the classification codes are not on the Pennsylvania sheet and the local sheet aides the protonotary in the filing process

TIP: Jury Demand must be requested in the Complaint to preserve right to jury trial. Choosing Jury Demand on Cover Sheet, if not requested in Complaint will not preserve right to jury trial.

over $50,000

JURY DEMAND

Under $50,000

(Check only if demanded in Complaint.)

Not Applicable

Yes

No

TIP: Demand for under $50,000.00 subjects a case to submission for arbitration.

COURT OF COMMON PLEAS OF BUCKS COUNTY OFFICE OF COURT ADMINISTRATOR DOYLESTOWN, PA 18901

1 In these areas, mouse click on the red instructions and type in the information requested

CIVIL COVER SHEET

2 In these areas, type in the information if available, (e.g. you have previously filed a Summons and have a docket number) or click on the red type and hit the space bar to leave blank.

The information provided herein is for case flow and calendar management purposes only. It does not replace or supplement the filing and service of pleadings or other papers as required by law or rules of court. This sheet will not be used as a source for making docket entries except to note the type of action commenced. This is not a substitute for documents for commencement of actions.

Case No. Click & enter Docket No. or click & hit space bar.

PLAINTIFFS

vs.

Click here to enter Plaintiff(s) Click here to enter name

DEFENDANTS Click & enter name or hit space bar

ID

Attorney Name & ID#

Enter name or hit space bar.

ID

Attorney Name & ID# NATURE OF SUIT

(Check one classification only) ASSUMPSIT (Contracts) Mechanics Lien 057 Employment 525 Insurance 526 No-Fault Insurance 527 Negotiable Instrument 528 Product Liability 529 Warranty 530 Mortgage Foreclosure 060 Replevin (With Order) 054 Assumpsit 046 Other 531 Writ of Summons 112

EMINENT DOMAIN Declaration of Taking 0067

3 To check classification, place cursor on line, click once, then click ▼, then click √. To deselect place cursor on line, click once, then click ▼, then click _

DEMAND

over $50,000 Under $50,000 Not Applicable

TRESPASS Motor Vehicle 047 Non-Motor Vehicle 048 Other Personal Injury 049 Assault 532 Libel/Slander 533 Medical/Malpractice 534 Medical Malpractice Writ 819 Medical Malpractice Transfer 821 Legal Malpractice 535 Professional Malpractice 816 Product Warranty Liability 536 Other 537 Writ of Summons 110

EQUITY Ejectment 053 Partition 309 Quiet Title 062 Labor Dispute 540 Mandamus 055 Declaratory Judgment 061 Equity 051 Quo Warranto 056 Other 539 Writ of Summons 310

APPEALS DJ Appeal – Assumpt 025 DJ Appeal – Trespass 337 Award of Viewers 501 Board of Assessment 301 Pa. Labor Relations Board 369 Board of Elections 319 Local Agency 262 Zoning Hearing Board or Land Use 030 Suspension of Operator=s License 134 Suspension of Registration 694 Other 538

OTHER Petition

4 Select amount of Demand

5 Indicate if Jury demanded in Complaint

JURY DEMAND (Check only if demanded in Complaint.)

Yes No

THIS FORM SHOULD BE RETURNED TO THE PROTHONOTARY’S OFFICE

REV 05/2008

Bucks County Rule 1018.1(c)*(1) Notice to Defend The agency to be contacted for legal help as provided in Pa.R.C.P. 1018.1(b) is: Bucks County Bar Association 135 East State Street, P.O. Box 300 Doylestown, PA 18901 (215) 348-9413 or 1-(800)-273-2929

Notice to Defend ANNOTATION: The form for the Bucks County Notice to Defend can be found on the Web at this link: http://www.buckscounty.org/g overnment/rowOfficers/Protho notary/forms/NoticeToDefend. pdf

Any future changes in the designated telephone numbers may be effected by publishing the change in the Bucks County Law Reporter for four consecutive weeks without further order of the Court.

Any future changes in the designated telephone numbers may be effected by publishing the change in the Bucks County Law Reporter for four consecutive weeks without further order of the Court.

TIP: Although the ‘1 (800)’ telephone number for the Bucks County Bar Association is different in the local rule then on the local form, both numbers are correct and dial into the Bucks County Bar Association.

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY CIVIL DIVISION Click here to enter Plaintiff(s)

: : : : : : :

Plaintiff vs.

Click here to enter Defendant(s)

Defendant

1 In these areas, mouse click on the red instructions and type in the information requested

NOTICE

No. Click & enter Docket No. Choose an item.

Form of Action

2 In this area, type in the docket number if available, (e.g. you have previously filed a Summons and have a docket number) or click on the red type and hit the space bar to leave blank.

Complaint

3 To choose a Form of Action, place cursor on red instructione, click once, then click â–ź, then click on desired form of action

You have been sued in court. If you wish to defend against the claims set forth in the following pages you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

4

Attorney signature line

Bucks County Bar Association 135 East State Street Doylestown, PA 18901 Phone (215) 348-9413, 1-800-479-8585 www.bucksbar.org PA Bar Association: www.pabar.org

Attorney for Click & enter Party Attorney I.D.# Click & enter I.D.# Please type or print name and address Click & enter Attorney Name Click & enter address

Bucks County Rule 205.2(a)(3) - Physical Characteristics of Pleadings and Other Legal Papers (3) All legal papers shall contain in their caption the docket number of the action including the numerical identifier of the assigned judge.

case number

The judicial numerical identifiers are as follows: Judges Honorable Susan Devlin Scott, President Judge Honorable Rea B. Boylan Honorable Alan M. Rubenstein Honorable Robert J. Mellon Honorable C. Theodore Fritsch Jr. Honorable Albert J. Cepparulo Honorable Clyde W. Waite Honorable Jeffrey L. Finley Honorable Diane E. Gibbons Honorable Wallace H. Bateman Honorable Robert O. Baldi Honorable Gary Gilman

19 25 26 27 29 30 31 32 33 34 35 36

Senior Judges Honorable R. Barry McAndrews Honorable John J. Rufe

20 18

Complaint and Jury Demand ANNOTATION: The Case Number and numerical identifier of the assigned judge can be found on the filing sticker applied to the initial pleading by the prothonotary at the time of filing.

Case Number: 2011-00000 0 Receipt: 2011-00-00000 Judge: 19 Code: 000 Filing: 0000000 Patricia Bachtle – Bucks Co Prothonotary B09 1/6/2011 3:30:30 PM

numerical identifier of the assigned judge TIP: The docket number is the Case Number followed by a dash and the numerical identifier (e.g.

2011-0000-19).

Unless the proceeding was started by some means other than filing a Complaint, (e.g., the filing of a summons or an appeal from district magistrate court) the docket number will not be available for inclusion on the Complaint at time of drafting.

Click here to enter a date.

TIP: To enter dates, you can type the date directly in the answer field, or you can click the â–ź icon to the right of the answer field and choose a date there or click Today.

2 In this area, type in the docket # if available, or click on the red type and hit the space bar to leave blank.

1 In these areas, mouse click on the red instructions and type in the information requested

Docket №.

Click here to enter Plaintiff(s) Click to select

v.

Click here to enter Defendant(s)

3 Place cursor on “Click to select”, click once, then click ▼,and select .

Click & enter Docket No.

COMPLAINT AND JURY DEMAND Civil Action

Click to select

COMPLAINT AND JURY DEMAND 4 In this area, type the count(s) of the Complaint

JURY DEMAND Click to type and/or select Party Represented (Choose (demand) (demands))

trial

by jury.

JURISDICTIONAL AMOUNT/ARBITRATION The

Click to type and/or select Party Represented

matter in controversy jurisdictional

amount

(Choose (is) (is not))

requiring

hereby certify that the

for damages in excess of the

arbitration

referral

by

local

rule.

DATED:

Click here to enter a date.

Click to enter Name of Firm Click to enter Firm Address Click to enter Phone Number

By: ___________________________________ Click to enter Attorney Name, Esquire Attorney for Click to type and/or select Party Represented

Supreme Court I.D. No. Click to enter Attorney ID #

Bucks County Rule 1024*(d) Attorney Executing Verification

Verification ANNOTATION:

No attorney who holds the office of notary public or district justice shall take an affidavit to any pleading, petition or other paper in any suit or court proceeding in which he or anyone in his firm is counsel.

Bucks County Rule 1024*(e) Dating of Verification Every verification shall be dated as of the date of its execution.

TIP: The Verification must be dated the same date or later than the date of the pleading verified. As every verification must be dated as of the date of its execution, it cannot be attached to a later dated revised draft or amended pleading. A pleading with an earlier dated verification is subject to preliminary objection.

Docket â„–.

Click here to enter Plaintiff(s)

Click & enter Docket No.

Click to select

v.

VERIFICATION

Click here to enter Defendant(s)

Civil Action Click to select

VERIFICATION

I,

Click to enter "Verifier",

forth are true and information and belief.

hereby state that the facts above set correct to the best of my knowledge,

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

Dated: ________________

By:_____________________________ Click to enter "Verifier"

Bucks County Rule 400.1*(c) Regarding Service of Process

Order for Service

Original process shall be served within the Commonwealth: (1) by the sheriff or a competent adult in the actions in equity, partition, prevent waste and declaratory judgment when declaratory relief is the only relief sought, and (2) by the sheriff in all other actions.

Bucks County Sheriff's Costs for Civil Process Ci il S

i

R t

Fil d

dS

di B

k C

1 Defendant: $48.00

2 Defendants: $66.00

3 Defendants:$84.00

4 Defendants: $102.00

5 Defendants: $120.00

6 Defendants: $138.00

7 Defendants: $156.00

8 Defendants: $174.00

Over 8 Defendants--

Add $18.00 for Each

ANNOTATION: The form for the Bucks County Order for Service can be found on the Web at this link: http://www.buckscounty.org/g overnment/rowOfficers/Sheriff /SheriffOrderForService09070 6.pdf

t

Civil Action Filed in Bucks County but deputized to another Pennsylvania Sheriff's Office 1 Defendant: $38.00

2 Defendants: $52.00

3 Defendants:$66.00

4 Defendants: $80.00

5 Defendants: $94.00 6 Defendants: $108.00 1 Defendant: $38.00 2 Defendants: $52.00 3 Defendants: 4 Defendants: $80.00 Also a Check for the Deputized County to be Attached $66.00 CAUTION below 5 Defendants: 6 Defendants:See $108.00 $94.00 Civil Action received from another Sheriff's Office in Pennsylvania or received from out of state will be charged at the filed and served in Bucks County Rate. The only exception is any action filed in the City of Philadelphia may be sent directly to the Bucks County Sheriff's Office with the proper filings and fee.

Sheriff's Office Edward J. Donnelly Bucks County Court House 55 E. Court Street

CAUTION When deputizing to another county sheriff’s office, be sure to check with that sheriff’s office for their correct fee, otherwise if incorrect, paperwork will be returned to Bucks Sheriff’s office unserved, requesting correct fee. You will then incur a second Bucks County fee to re-deputize other county sheriff’s office.

TIP: Always call the Sheriff’s office or check the web site for the most recent service filing fees at this link: http://www.buckscounty.or g/government/rowOfficers/ Sheriff/CostsCivilProcess.a spx

ORDER FOR SERVICE DATE Click PROTHY NO.

, 20

Click

Click

TO: SHERIFF OF BUCKS COUNTY

WRIT AND OR COMPLAINT ASSUMPT TRESPASS EQUITY DIVORCE

FROM: Click & enter Attorney Name Click & enter Firm Address Company Phone

Click & enter Plaintiff(s)

Plaintiff

Vs. Click & enter Defendant(s)

Defendant

SERVE AT: (If R.D. Address must include specific instructions, also must have Apt. Number and Apt. Blgd.

Number) STREET Click & enter Street POST OFFICE Click & enter Post Office TOWNSHIP

Click & enter Township

SPECIAL INSTRUCTIONS: (Use other side if necessary) Click & enter any Special Instructions

SERVICE WAS NOT MADE BECAUSE

CV-01 (06/02)