Cumberland Cnty. C.P. Local Rules of Court Rule 576.1

(a) The Cumberland County Clerk of Courts Office and the Administrative Office of Pennsylvania

Courts (AOPC) agreed upon an implementation plan for PACFile in Cumberland County for

certain criminal filings. Legal papers may be filed electronically using the PACFile electronic

filing system pursuant to Pa.R.Crim.P. 576.1. Electronic filing is permissive and not mandatory.

(b) As used in this rule, the following words shall have the following meanings:

(1) “electronic filing,” the electronic submission of legal papers by means other than

facsimile transmission and the acceptance of the document by the clerk of courts;

(2) “filing party,” an attorney, defendant, or other person who files a legal paper by means

of electronic filing;

(3) “legal paper,” a pleading or other submission to the court, including motions, answers,

notices, or other documents, of which filing is required or permitted, including orders,

copies of exhibits, and attachments. The following documents are excluded from the

definition of “legal paper” and are therefore prohibited from being filed electronically:

(i) applications for search warrants,

(ii) applications for arrest warrants,

(iii) any grand jury materials, except the indicting grand jury indictment or the

investigating grand jury presentment,

(iv) submissions filed ex parte as authorized by law,

(v) submissions filed or authorized to be filed under seal, and

(vi) exhibits offered into evidence, whether or not admitted, in a court proceeding;

(vii) Notices of Appeal, which must be filed directly with the Clerk of Courts in physical

paper format.

(4) “original document,” a legal paper filed electronically shall be deemed the original

document, but copies of exhibits electronically filed do not constitute the original of the

exhibit for evidentiary purposes; and

(5) “the system,” the PACFile electronic filing system, developed and administered by the

Administrative Office of Pennsylvania Courts, is the exclusive system for electronic

filing.

(c) Attorneys or self-represented parties who file legal papers electronically must establish a

PACFile account using the Unified Judicial System of Pennsylvania Web Portal. Pursuant to

Pennsylvania Rule of Criminal Procedure 576.1(D)(2), the establishment of a PACFile account

constitutes consent to participate in electronic filing, including acceptance of service

electronically of any document filed using PACFile.

(d) Applicable filing fees for the electronically filed legal papers shall be paid electronically to the

Clerk of Courts simultaneously with the filing.

(e) A party who was granted In Forma Pauperis status shall not pay filing fees to the Clerk of

Courts.

(f) All filings shall comply with the Case Records Public Access Policy of the Unified Judicial

System of Pennsylvania.

(g) Service of Legal Papers.

(1) Attorneys or self-represented parties who are unable or unwilling to participate in

electronic filing of documents are permitted to file and serve the legal papers in a

physical paper format.

(2) Service of legal papers on any attorney or party who has not established an account as

provided in subsection (C) of this rule shall be made in accordance with Pa.R.Crim.P.

576. Specifically, the following offices must be served in accordance with Rule 576:

Sheriff, Probation Services, Court Reporter, and Court Administration. This applies to

the service of court orders and notices. Distribution to those parties not automatically

served via PACFile with a court order or notice must be filed with the Clerk of Courts

office with a complete distribution legend listing the names and addresses of all parties

required to be served with a paper copy.

(3) Service upon an attorney or defendant participating in the system shall be done

electronically.