[26 Pa.B. 439]
[Continued from previous Web Page] RULE 410.3: SERVICE BY PUBLICATION OF ACTIONS FOR THE EXECUTION AND ENFORCEMENT OF JUDGMENTS AS REQUIRED BY 41 P.S. § 407
(b)(2) Service upon a defendant by publication of actions commenced in accordance with the requirements of the Act of January 30, 1974, P.L. 13, No. 6, § 407 as amended, (41 P.S. Section 407), when authorized by Pa.R.C.P. 400 et seq., shall be made by the Sheriff publishing once in the Schuylkill Legal Record and in one daily newspaper of general circulation within Schuylkill County a notice which shall be substantially in the following form:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SCHUYLKILL
(CAPTION) TO _________________
(Name of Defendant)You are notified that __________
(Name of Plaintiff)
has commenced an action to execute on residential real property pursuant to a judgment entered by confession in the Court of Common Pleas of Schuylkill County, which judgment is entered to docket number ______ , (date) 19 __ . You are required to defend this action, which seeks to obtain possession of real estate which you own or in which you reside, which real estate is located at
_________________
(Street Address)
_________________
(City and State)and described as follows:
**NOTE: This published notice shall also include a Notice to Defend substantially in the form set forth at Pa.R.C.P. 430(b).
RULE 440: SERVICE OF PAPERS
(a) Unless otherwise provided by an Act of Assembly or Rule of Court, a copy of each paper filed in any case, other than the writ or complaint by which an action is commenced or other original process, shall be served by the party filing it upon all other parties to the litigation or their attorneys of record in Schuylkill County within forty-eight (48) hours after filing.
(b) Whenever any person, having been served with a petition, rule, notice, pleading or process, original or interlocutory, fails to appear in response thereto, proof of service of the same must be filed in the case before the Court will act thereon.
(c) All notices shall be in writing.
(d) Except as otherwise provided by Acts of Assembly, rule or special Order of Court, service by publication shall be made once in the Schuylkill Legal Record and in one (1) daily or weekly newspaper of general circulation within Schuylkill County.
ACTIONS AT LAW
PLEADINGSRULE 1018.1: NOTICE TO DEFEND
(c)(1) Schuylkill County Legal Services, 514 North Center Street, Pottsville, PA, 17901, (717) 628-3270, is designated as the organization or agency to be named in the notice to defend from which legal help can be obtained.
RULE 1019: CONTENTS OF PLEADINGS, GENERAL AND SPECIFIC AVERMENTS
Whenever any right, claim or defense is asserted to be founded upon a specific statute of this or another jurisdiction or upon an ordinance, governmental regulation, or Rule of Court, the first pleading in which such right, claim or defense is asserted shall cite, for the information of the Court, the statute, ordinance, regulation or rule so relied upon.
RULE 1021: CLAIM FOR RELIEF
Whenever a party claims relief in the form of liquidated money damages, he shall, at the conclusion of his pleading, state the precise amount of damages claimed and, if entitled to interest, the date or dates from which interest thereon, or any part thereof, is claimed.
RULE 1028: PRELIMINARY OBJECTIONS
(a) All preliminary objections will be disposed of by one Judge on behalf of the Court, unless such objections are certified by the Judge to be of sufficient importance to require disposition by the Court en banc.
(b) Preliminary objections shall be accompanied by a memorandum of law in support of the objections. A certification of service thereof upon opposing counsel shall be filed within 10 days after the filing of the preliminary objections.
(c) Respondent's memorandum of law contra the preliminary objections shall be filed within 20 days after service of the brief of the moving party, and shall contain a certification of service upon the moving party.
(d) When the date for the filing of respondent's memorandum has passed, the Prothonotary shall deliver the preliminary objections, memorandum of law, and other file papers to the Court Administrator. The Judge to whom the preliminary objections are assigned may, if requested, set the matter for oral argument, or may dispose of the objections on the briefs submitted.
(e) Preliminary objections filed in domestic relations and paternity cases shall not be cause for delay in hearings or interviews scheduled by the Domestic Relations Office. Such objections will be determined by the Court when and if hearings before a Judge and/or a jury are required for adjudication of the issues involved in the petition or complaint. Defendant's brief will be filed with the objections and plaintiff's brief shall be filed 3 days before any scheduled hearing.
(f) In the event disposition of a preliminary objection requires fact finding, the filing party shall accompany the preliminary objections with a praecipe to transmit pursuant to Sch.R.C.P. 205.3, specifying that a hearing is required and the reasons the hearing is necessary.
RULE 1029: DENIALS. DEMANDS OF PROOF. EFFECT OF FAILURE TO DENY OR DEMAND PROOF
(a) In actions in which book accounts may be offered in evidence, if a copy thereof is attached to any pleading, it shall not be necessary to produce the books at the trial, unless a responsive pleading shall allege that the account or copy is incorrect, stating particulars, or that the books are not books or original entry, and shall demand the production of the books at the trial; otherwise, the copy shall be admitted as evidence without further proof.
RULE 1033: AMENDMENT
Pleadings amended before trial shall be executed, verified and filed in their complete amended form. Amendments to pleadings allowed at the trial need not be executed, verified and filed.
RULE 1034: MOTION FOR JUDGMENT ON THE PLEADINGS
A motion for judgment on the pleadings shall be accompanied by a praecipe for transmittal pursuant to Sch.R.C.P. 205.3 indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party. The answer and brief of any opposing party shall be filed within twenty (20) days from the date of service of the original motion.
RULE 1035: MOTION FOR SUMMARY JUDGMENT
A motion for summary judgment shall be accompanied by a praecipe to transmit pursuant to Sch.R.C.P. 205.3 indicating that the matter can be disposed of on the record and shall further be accompanied by the brief of the moving party. The answer and brief of any opposing party shall be filed within twenty (20) days after service of the original motion.
ACTION TO QUIET TITLE RULE 1066: FORM OF JUDGMENT OR ORDER
(a) When judgment is given for a plaintiff in any action brought under Pa.R.C.P. 1061(b)(4), the Court will enter an Order directing a writ of possession to issue.
COMPULSORY ARBITRATION RULE 1301: SCOPE OF PROCEDURE
(a) All civil cases, where the amount in controversy (exclusive of interest and costs) is less than the compulsory arbitration amount for fourth class counties as set forth in the Judicial Code , including claims or mechanics liens and all appeals from a civil judgment of a District Justice, excepting those involving title to real property and those involving equitable or other than monetary relief, shall be submitted to compulsory arbitration.
(b) In addition, cases, whether or not at issue and without regard to the amount in controversy, may be referred to a Board of Arbitrators by an agreement of reference signed by all of the parties and their counsel. The agreement of reference may contain stipulations as to facts agreed upon or defenses waived. In such cases, the agreement of reference shall take the place of the pleadings and shall be filed of record.
(c) The Court, on its own motion or on the motion of either party at pre-trial settlement conference, after depositions, after hearing or otherwise, may determine that the amount actually in controversy does not exceed the compulsory arbitration amount as set forth at 42 Pa.C.S.A. § 7361(b) and may enter an order of reference to a Board of Arbitration.
RULE 1302: LIST OF ARBITRATORS, APPOINTMENT OF BOARD, OATH
(a) A list of available arbitrators shall be prepared annually by the Court Administrator, consisting of members of the bar actively engaged in the practice of law in the 21st Judicial District and who have not notified the Court Administrator in writing of his or her desire not to participate as an arbitrator.
(b) The Court Administrator shall appoint from said list three members to each Board of Arbitrators, at least one of whom shall have been admitted to the practice of law before the Supreme Court of Pennsylvania for more than five years prior to his or her appointment.
(c) Each Board shall be chaired by the member senior in years admitted to the practice of law in the 21st Judicial District.
(d) Not more than one member or associate of any firm or association of attorneys shall be appointed to the same Board.
(e) A member of a Board who would be disqualified for any reason that would disqualify a judge under the Code of Judicial Conduct shall immediately withdraw as an arbitrator. Any request for recusal of an appointed Board member shall be submitted to the Office of the Court Administrator within seven days of the appointment of the arbitrator setting forth specifically the reasons the Board member should not act an arbitrator. The Court Administrator shall immediately contact that member of the Board with regard to the request for recusal, and the Board members shall advise the Court Administrator as to whether or not voluntary withdrawal as an arbitrator will take place. In the event that the arbitrator does not voluntarily withdraw, the request for recusal shall be transmitted to the Court for appropriate action.
(f) Members of the Board of Arbitration will generally be assigned to a panel for a period of two consecutive days. Each associate member of the panel shall receive as compensation the sum of $175.00 per day for each day, or part thereof, served, and the chairperson shall receive the sum of $200.00 per day for each day, or part thereof, served on the arbitration panel. Fees paid to arbitrators shall not be taxed as costs nor follow the award as other costs.
RULE 1303: HEARING, NOTICE AND CONTINUANCES
(a) The scheduled dates for arbitration, which will generally consist of two consecutive days, shall be set forth on the annual court calendar as compiled by the Court Administrator, as well as such other dates as may be ordered by the President Judge as caseloads warrant. The Court Administrator shall designate the place, time, and specific date for hearings, and give at least 30 days written notice thereof to the arbitrators, the parties, or their attorneys of record.
(b) When a case is at issue, the case may be ordered upon the next available arbitration list by filing with the Prothonotary an arbitration certificate of readiness on or before 45 days preceding the next arbitration schedule. The Prothonotary shall promptly serve the certificate upon the Court Administrator. The certificate shall be on forms provided by the Prothonotary and shall contain the following:
1. the caption of the case;
2. name, address and phone number of trial counsel for all parties;
3. certification that all outstanding motions are resolved;
4. certification that discovery has been completed and disclosure made to the other parties of any and all reports to be utilized at the arbitration hearing.
5. a complete list of all witnesses who are to be called at the time of the arbitration hearing and an estimate of the time that will be required to present that parties portion of the case.
(c) Within 10 days of the notice of the arbitration hearing, any opposing party or opposing counsel shall submit a written report to the Court Administrator listing the names of their witnesses who will be used at the hearing and an estimate of the time required to present their case.
ONLY THOSE WITNESSES LISTED BY THE PARTIES, AND REPORTED AS REQUIRED IN THIS RULE, WILL BE PERMITTED TO TESTIFY AT THE ARBITRATION HEARING, UNLESS THE COURT DIRECTS OTHERWISE.
(d) Not less than 10 days prior to each arbitration hearing the parties shall file with the Office of the Prothonotary a memorandum, and serve a copy upon the opposing party or opposing counsel, which sets forth a narrative statement of the facts which will be offered into evidence by that party, a statement of the legal theory upon which the cause of action or defense is predicted, a statement setting forth an itemized list of the damages that a party intends to claim and prove, a rough sketch illustrating the incident given rise to the cause of action (where appropriate), and a statement of any unusual or intricate legal issues or claims together with citation of authorities relied upon.
(e) Arbitrators may not grant continuances. Applications for continuances of any scheduled arbitration hearing shall be made in writing and on the form provided by the Court Administrator, to the Court Administrator at least 20 days before such hearing and after reasonable notice of such application being given to the opposing party or opposing counsel. The application shall indicate the number of continuances previously requested, and whether or not the continuance is opposed.
Whenever any case has been continued twice after assignment of a board of arbitration, the case shall be certified by the Court Administrator to the President Judge or his designee, to rule upon the request for continuance. In the interest of expediting disposition of the case the judge may order a conference or enter an appropriate order including but not limited to an order for non pros or an order directing the board to proceed with hearing whether or not the defendant appears and defends.
Continuances within 20 days of an arbitration hearing shall not be granted without approval of the President Judge or his designees and only upon exigent circumstances. In the event of an emergency continuance, the Court may assess actual expenses against the moving party or counsel which may have been incurred by the Court or the opposing party. The actual costs which may include added arbitration fees, actual work loss, travel expenses, expert fees, etc., shall be certified to the Court by the party incurring such fees for appropriate consideration. Added arbitration fees may likewise be assessed where a late continuance results in the need for additional payment to a Board of Arbitration.
RULE 1305: CONDUCT OF HEARING/EVIDENCE
The chairman of the board of arbitration shall be responsible for the conduct of the hearing. The chairman shall make preliminary rulings on objections and evidentiary matters, which shall be binding unless overridden by a majority of the board of arbitration.
RULE 1306: AWARD, DAMAGES FOR DELAY
(a) Arbitrators shall not consider the subject of damages for delay until an award has been made on the merits of the case, including the determination of the amount of damages, if any, to be awarded.
(b) After the determination and announcement of the award on the merits and damages, the arbitrators shall make a determination as to any delay by:
1) Accepting a stipulation from the parties which contains the following:
a) whether an offer was made in writing;
b) the amount of the offer;
c) the date of the offer, or
2) If no stipulation is reached, the panel shall take evidence regarding damages for delay from counsel following the original deliberation and announcement of the award.
(c) The arbitrators shall separately enumerate the delay damages as to each party on the appropriate form, and then add this amount to the principal sum awarded in order to reach a total amount of award. Only the total amount shall be shown on the Report and Award but the computation form must be appended when the Award is filed.
RULE 1308: APPEAL COMPENSATION
(a) In filing an appeal, the appellant shall make payment to the Prothonotary for the compensation of the arbitrators. The compensation shall be determined by the Prothonotary of Schuylkill County by multiplying one-half of the total daily arbitration fee times the total number of half days, or parts thereof, necessary to conclude an arbitration hearing. The arbitrators shall note on the award the total number of half days or parts thereof, expended on each separate proceeding. The parties thereafter shall proceed as set forth in Sch.R.C.P. No. 212.1.
ACTIONS IN EQUITY RULE 1511: JUDGMENT UPON DEFAULT OR ADMISSION
(a) If a judgment is entered upon default or admission, the plaintiff shall submit to the Court a proposed decree for the Court's consideration when entering the appropriate decree.
RULE 1513: TRIAL. ADVISORY VERDICT BY JURY
(a) When any equity action is at issue, either party may submit the case to the Court for disposition on Prothonotary Form 205.3, unless the Court, on its own motion or on motion of a party, has entered an Order directing that all or some of the issues of fact be submitted to a jury in accordance with Pa.R.C.P. 1513.
(b) At any time prior to the date fixed for hearing or trial, the Court, on its own motion or on motion of either party, may schedule a conference to attempt to resolve the matter or simplify the issues.
RULE 1531: INJUNCTIONS
An application for an injunction shall be immediately transmitted by counsel to the Court Administrator for assignment to a judge for disposition.
RULE 1534: ACCOUNTING BY FIDUCIARIES
(a) Fiduciaries filing accounts with the Prothonotary shall comply with Pa.R.C.P. 1534 if applicable, and insofar as practicable, shall follow the procedure provided by the Orphans' Court Rules of the Supreme Court of Pennsylvania and of the Orphans' Court Division of the Court of Common Pleas of Schuylkill County, except as hereinafter provided in subsections (b) and (c). All duties imposed by said rules on the Register of Wills or Clerk of the Orphans' Court, as applicable for the particular account, shall be performed by the Prothonotary.
(b) If at the expiration of 30 days after the filing of said account, provided that notice shall have been given as required and proof hereof filed, no exceptions are filed to the account or to the proposed distribution, the account shall be confirmed absolutely as of course and the accountant shall make the distribution proposed and file in the Prothonotary's Office a release or satisfaction of award from the distributees.
(c) If exceptions are filed to the account or to the proposed distribution, the account shall be listed by the Prothonotary for audit before the Court following the expiration of 30 days from the date of filing the account, and the Court shall make such adjudication and order such distribution as shall be proper under the circumstances.
PARTITION OF REAL PROPERTY RULE 1568: PUBLIC SALE: NOTICE
(a) Except as therein provided by Act of Assembly or special Order of Court, notice of the time and place of sale of real estate at public auction by a master in partition shall be advertised by the master once a week for three successive weeks in the Schuylkill County Legal Record and in a newspaper of general circulation in the County. The first advertisement to be not less than twenty-one days before the date of sale. The master shall also post handbills of such advertisement, one on the real estate to be sold and not less than six additional handbills in as many other public places in the county. Whenever a property or properties so to be sold lie in different counties, publication of notice of sale shall be in such manner as the Court by special order may direct.
CLASS ACTIONS RULE 1703: COMMENCEMENT OF CLASS ACTION: ASSIGNMENT OF JUDGE
(a) Counsel for the plaintiff(s) shall immediately notify the Court Administrator that a class action complaint has been filed and shall forward a copy of the Complaint to the Court Administrator for assignment of the action to a judge.
RULE 1707: DISCOVERY PERTAINING TO CLASS ACTION ISSUES
(a) Whenever discovery is permitted with respect to the class action issues, the Order granting such limited discovery shall also indicate the period of time during which discovery shall be permitted. All parties are required to complete such discovery within that time period.
RULE 1710: DETERMINATION OF CLASS ACTION CERTIFICATION
(a) The presiding Judge may require the parties to submit proposed Findings of Fact and Conclusions of Law pertaining to whether or not the case should be certified as a class action.
RULE 1712:NORDER AND NOTICE OF CERTIFICATION AS CLASS ACTION
(a) After the entry of an order of certification of a class action, the presiding Judge shall conduct a Class Action Notice Conference at which all parties shall be represented for the purpose of considering the matters set forth in Pa.R.C.P. 1712.
(b) If at the time of the Class Action Notice Conference, the Court determines that individual notice is to be given, a uniform statement shall be drafted by which each individual who is to receive notice may opt for exclusion from the class.
(c) The proposed form of notice required by Pa.R.C.P. 1712(c) to be submitted for approval by the plaintiff to the Court and to all named defendants, must be submitted no later than fifteen (15) days prior to the Class Action Notice Conference.
RULE 1713: PRE-TRIAL OF CLASS ACTIONS
(a) In addition to the normal matters to be considered at pre-trial conferences, as set forth within these rules, a pre-trial conference conducted in a class action case shall consider the matters set forth in Pa.R.C.P. 1713.
PROTECTION FROM ABUSE RULE 1905: NOTIFICATION UPON RELEASE
(a) Notification upon release. The Warden of Schuylkill County shall notify the victim by contacting Schuylkill Women In Crisis sufficiently in advance of the release of the offender from any incarceration imposed under a Protection from Abuse action and/or contempt, and any criminal act between family or household members, sexual or intimate partners or persons who share biological parenthood.
Notification shall be required for work release, furlough, medical leave, community service, discharge, escape and recapture. Notification shall include the terms and conditions imposed on any temporary release from custody.
(b) The Warden of Schuylkill County shall immediately notify the Schuylkill Women In Crisis 24-hour hotline sufficiently in advance of the release of any defendant sentenced in accordance with subsection (a). Notification shall include transmitting the message by telephone and also faxing the release form which shall include the terms and conditions imposed on any temporary release from custody.
(c) The plaintiff must keep the Schuylkill Women In Crisis advised of contact information; failure to do so will constitute waiver of any right to notification under this section.
(d) It shall be the responsibility of Schuylkill Women In Crisis to promptly notify the victim of the release.
RULE 1906: CONTEMPT OF ABUSE ORDER
The procedure governing the enforcement of Protection from Abuse Orders is set forth at Sch.R.Crim.P.D.J. 130.1.
ACTIONS FOR SUPPORT RULE 1910.4: COMMENCEMENT OF ACTION
(c) If a claim for spousal support or child support is properly raised pursuant to Pa.R.C.P. 1920.31 and the Divorce Code, then:
(1) One (1) certified copy and two (2) photocopies of the pleading in which child or spousal support is claimed shall be filed by the party seeking such relief with the Domestic Relations Section within forty-eight (48) hours of its first filing in the Prothonotary's office.
(2) The Domestic Relations Section shall assign a support docket number (S.D. # ____ ) to the action, and thereafter all pleadings in the case shall contain both the civil number and the support docket number.
(3) Thereafter, the claim for child support or spousal support shall proceed as if initiated as an original action under Pa.R.C.P. 1910.5.
RULE 1910.10: ALTERNATIVE HEARING PROCEDURE
(a) The action shall proceed as prescribed by Pa.R.C.P. 1910.11 unless the Court has appointed a Hearing Officer in which case the action shall proceed as provided by Sch.R.C.P. 1910.12.
RULE 1910.11: OFFICE CONFERENCE. REQUEST FOR CONTINUANCE.
(a)(3) A request for continuance of a support conference shall be made in writing to the Domestic Relations Director on a form established by the Court. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, and the number of times the case has been previously continued. The Domestic Relations Director shall have authority to approve only one continuance request from each party. If the Domestic Relations Director denies a request for a continuance, he shall state the reasons for the denial on the written request.
(4) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the Court Administrator/President Judge.
RULE 1910.12: OFFICE CONFERENCE. HEARING. RECORD. EXCEPTIONS. ORDER.
(b) (1) If an agreement has not been reached by the parties, the court shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Pa.R.C.P. 1910.26(e). Within ten (10) days after the date of the order, either party may demand a hearing before a hearing officer. If a demand for hearing is filed, the matter shall be assigned to the Hearing Officer for hearing and further proceedings in accordance with Pa. R.C.P. 1910.12.(b)-(g) and these rules. If no hearing is requested, the order shall become final.
(b)(1)(i) A request for continuance of a support hearing shall be made in writing to the Hearing Officer on a form established by the Court. The request shall include a statement of the reasons for the request, whether the other party is opposed or unopposed, and the number of times the case has been previously continued. The Hearing Officer shall have authority to approve only one continuance request from each party. If the Hearing Officer denies a request for a continuance, he shall state the reasons for the denial on the written request.
(b) (1) (ii) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the Court Administrator/President Judge.
(c) (3) The order may also specify the time within which such discovery must be completed.
(d) Within five (5) business days following the taking of testimony, the Hearing Officer shall file with the court a report containing a recommendation with respect to the entry of an order of support.
(f)(1) Within five (5) days of filing Exceptions to the Report of the Hearing Officer, pursuant to Pa.R.C.P. 1910.12(f), the party raising exceptions shall request a transcript of all of the testimony, pursuant to Pa.R.J.A. 5000.5, and shall thereupon make a deposit with the court reporter for the cost of said transcript pursuant to Pa.R.J.A. 5000.6.
(2) If both parties file Exceptions to the Report of the Hearing Officer, they shall equally bear the cost of the transcript of the testimony.
(3) In the event of the failure of an excepting party within the time allowed either to order the transcript, or to pay for the same, or to file a memorandum of law, the exceptions may be deemed to have been withdrawn and may be dismissed by the Court.
(4) Upon filing of the transcript of testimony, the file shall be delivered to the Court for disposition pursuant to Pa.R.C.P. 1910.12(h). Within ten (10) days of receiving notice of such filing with the Court, the moving party shall file a memorandum of law related to the issues raised in the exceptions, and shall within three (3) days serve a copy of such memorandum upon counsel or upon the opposing party, if not represented by counsel. The opposing party may within ten (10) days file an opposing memorandum.
RULE 1910.19: SUPPORT ORDER. MODIFICATION. REVIEW. TERMINATION.
(a)(1) A petition for modification or termination of an existing support order shall not request any relief other than modification or termination. The original and two (2) copies of the petition shall be filed with the Domestic Relations Section.
(2) Where the order which the petitioner seeks to modify was entered less than three (3) years prior to the filing of the petition, the petition shall specifically aver the reasons for the relief sought.
(3) Where a petition is filed pursuant to 23 Pa.C.S.A. § 4352(a), the petition shall allege the date of the entry of the order of support which the petitioner seeks to have reviewed and shall not request any relief other than review of the previous order. No specific change of circumstance need be alleged.
(4) The Domestic Relations Officer shall promptly schedule a conference pursuant to Pa.R.C.P. 1910.12, and shall serve a copy of the petition upon the responding party or such party's attorney of record.
(5) No answer to such petitions need be filed.
(6) After review of the information and evidence, the Conference Officer or the Hearing Officer will recommend to the Court that the current order be modified, or that the petition be dismissed in the event there is not a significant change in circumstances. The recommendation may result in any appropriate increase, decrease, modification or rescission of the prior order, as well as modification of other terms as authorized by law.
RULE 1910.21: CIVIL CONTEMPT
(a)(1) The Office of the Public Defender, 206 North Second Street, Pottsville, Pennsylvania, 17901, (717) 628-2420, is designated as the office to be named in the notice to plead.
RULE 1910.26: DESIGNATED OFFICE
(b)(1) For the office to be named in the Order of Court, refer to ''Sch.R.C.P. 1018.1.''
CUSTODY PROCEDURE RULE 1915.1(b): DEFINITIONS
These rules shall govern all actions for custody, partial custody, and visitation, including original actions, petitions to modify decrees, registration of foreign decrees and contempts. The rules shall be interpreted as supplementing the Rules of Civil Procedures governing custody actions Pa.R.C.P. 1915.1 et seq.
RULE 1915.3: COMPLAINT OF ACTION. COMPLAINT. ORDER.
(a)(1) The moving party shall file all pleadings, including petitions for modifications, special relief, contempt and preliminary objections, with the office of the Prothonotary and shall immediately transmit the original and two (2) copies to the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse for appropriate assignment. The moving party shall be responsible for service upon the adverse party pursuant to Pa.R.C.P. 412.
(b) If the custody claim is asserted in the divorce complaint, the moving party shall, after filing the divorce with the Prothonotary, provide three (3) copies, with the appropriate order attached as per Sch.R.C.P. 1915.15, to the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse for appropriate assignment. The moving party shall be responsible for service upon the adverse party pursuant to Pa.R.C.P. 412.
RULE 1915.3A: CUSTODY CONCILIATION
(1) The court shall appoint a member(s) of the Schuylkill County Bar Association, or other appropriate person, as an official of the Court to:
(a) conciliate custody cases filed with the Court;
(b) recommend to the Court interim Orders in appropriate custody cases which shall be in the best interest of the child;
(c) recommend appointment of counsel for the child;
(d) recommend the ordering of home studies, psycholigicals, or other evaluations by expert witnesses.
(2) All custody matters, not specifically reserved to the Court, shall be promptly scheduled for a conference before the Custody Conciliation Officer. All parties, and any child eleven (11) years or older for whom custody and visitation is sought, shall be present at the location of such conference. Failure of a party to appear at the conference may provide grounds for the entry of an Interim Order.
(3) To facilitate the conciliation process, and encourage frank, open, and meaningful exchanges between the parties and their respective counsel, statements made by the parties, or their witnesses shall not be admissible as evidence in Court. The Custody Conciliation Officer may not be a witness for any party.
(4) More than one (1) conciliation conference may be scheduled by the Custody Conciliation Officer, as that Officer deems necessary to conciliate the matter.
(5) If at the conclusion of the conciliation process the case remains contested, the Custody Conciliation Officer shall transfer the case to the Court for assignment to a Judge. As part of that transfer, the Custody Conciliation Officer shall file a report to the Court, with copies to the parties. The report may contain the following:
(a) procedural history;
(b) undisputed facts;
(c) disputed facts;
(d) summary of the conference(s);
(e) copies of expert opinions or other relevant documents;
(f) pertinent case law; and
(g) a recommendation for resolution.
The report will be filed with the Prothonotary, with the exception that copies of expert opinions or other documents shall only be provided to the Court and shall not be made part of the record.
(6) If the matter is transferred to the Court, the following information shall be provided to the Custody Conciliator by way of Pre-Trial Memorandum, within twenty (20) days of the last conciliation conference:
(a) a list of all fact witnesses;
(b) a list of all expert witnesses;
(c) issues for resolution;
(d) estimated length of trial;
(e) documentary reports from appropriate agencies;
(f) reports of experts intended to be called as witnesses which the Custody Conciliation Officer did not previously have in Officer's possession; and
(g) the manner to be utilized in presentation of expert witnesses or expert reports (i.e. stipulation of parties or presentation of testimony).
Failure to provide the information requested prior to trial, for the Conciliator or the Court, may be grounds for excluding the evidence or witnesses at trial.
RULE 1915.3B: CUSTODY CONCILIATION. POST-CONFERENCE PROCEDURE.
(1) If prior to or during the conciliation conference, the parties are able to reach an agreement, the conciliator will prepare a custody stipulation which shall be submitted to all parties for their signature. Upon the parties' execution of the stipulation, the Custody Conciliation Officer shall also sign the stipulation and prepare a proposed Order of Court and transmit the stipulation and order to the Court for disposition of the matter.
(2) Should the parties fail to reach an agreement at the conclusion of the conciliation process, the Custody Conciliation Officer shall submit the summary report to the Court for prompt assignment to a Judge, along with any other documents available. Once the assigned Judge has set a time and date for hearing of the matter, the parties will be so notified. The Court may schedule a pre-trial conference or immediately set a date for hearing.
RULE 1915.5: QUESTION OF JURISDICTION OR VENUE. NO RESPONSIVE PLEADING REQUIRED. COUNTERCLAIM.
(b) Only the issues set forth in Pa.R.C.P. 1915.5(a) may be raised by way of preliminary objections. Filing of preliminary objections shall be as set forth in Sch.R.C.P. 1915.3, and thereafter shall be governed by Sch.R.C.P. 1028.
(c) If a question of jurisdiction or venue is raised prior to the conciliation conference, such objections shall be referred by the Custody Conciliation Officer to the Court for disposition. Upon filing of preliminary objections with the Prothonotary, three (3) copies must be provided to the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse for assignment to the Court.
(d) Counterclaims, crossclaims or answers shall be filed with the Prothonotary prior to the conciliation conference, and a copy provided to the Custody Conciliation Officer.
RULE 1915.7: CONSENT ORDER.
(a) Consent Orders shall be filed with the Custody Conciliation Officer and shall be substantially in the form of the custody stipulation utilized by the Custody Conciliation Officer, which are available at the office of the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse.
(b) Consent Orders should not be filed with the Prothonotary but given directly to the Custody Conciliation Officer who shall review the consent orders and refer them to the Court, in conjunction with the Rules, for further disposition.
(c) Upon presentation of a consent order from the Custody Conciliation Officer, the court may, in its discretion, enter an Order without taking testimony.
RULE 1915.8: PHYSICAL OR MENTAL EXAMINATION OF PERSONS.
(e) The Custody Conciliation Officer shall maintain and, on request, provide counsel and the parties with a list of psychiatrists, psychologists, social workers, counselors, and the like, who are available for consultation, evaluation, and testimony in custody matters.
(f) In the event that ether psychological studies or home studies, or other evaluations, become necessary to a proper disposition of the matter, the cost of such studies may be assessed against the parties in a manner recommended to the Court to the Custody Conciliation Officer following the conciliation conference to the Court. Such a recommendation to the Court for assessment will be based on what the Custody Conciliation Officer believes to be in the best interest of the child and also what will facilitate the timely resolution of the matter, taking into consideration the parties' ability to pay. Upon a recommendation for evaluations from the custody Conciliation Officer, the Court will issue an Order requiring the evaluations and providing for the assessment.
RULE 1915.12: CIVIL COMPLAINT.
(a) Petitions for contempt of Custody Orders shall follow the procedure and form set forth in Pa.R.C.P. 1915.12. The petitioner shall complete a praecipe to transmit indicating that the matter is a contempt petition, shall list witnesses and time necessary for hearing and list the Judge who entered the Order to be enforced. Filing and transmittal shall follow Sch.R.C.P. 1915.3.
Upon receipt of service of a petition for contempt and the praecipe for transmittal the responding party shall, within five (5) days, submit a written report to the Court Administrator estimating the time required for presentation of respondent's case and a list of witnesses to be called.
RULE 1915.15: FORM OF COMPLAINT.
(b) In addition to the information required by Pa.R.C.P. 1915.15(a), each complaint or petition relating to child custody or visitation shall incorporate additional information and shall substantially be in the following format.
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY
TWENTY-FIRST JUDICIAL DISTRICT OF PENNSYLVANIA:
:
vs.
:
CIVIL ACTION--LAW
:
:
ORDER OF COURT You have been sued in Court to obtain custody, partial custody or visitation of the child(ren) named in the Complaint.
You are ordered to appear in person at Custody Office, Schuylkill County Courthouse, ______ at ______ o'clock .m. for a conference.
You are/are not further ordered to bring with you the child(ren) named in the Complaint.
If you fail to appear as provided by this Order, an order of custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER (and the attached papers) TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Schuylkill County Legal Services
514 North Centre Street
Pottsville, PA 17901
Telephone: (717) 628-3270BY THE COURT
__________
J.(a) In addition, to the Order of Court the Complaint must also contain a Notice of Custody Conference sheet substantially in the following format.
COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY
TWENTY-FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
: Plaintiff : : CIVIL ACTION--LAW vs. : : Defendant : CUSTODY
NOTICE OF CUSTODY CONFERENCE TO:
Please be advised that a Custody Conference has been ordered for ______ at ______ o'clock .m. on the above-captioned matter; and, counsel, and interested parties are to report to Custody Office, Schuylkill County Courthouse in Pottsville, Pennsylvania, to appear before the Custody Conciliation Officer.
Enclosed is a copy of the Order of Court. Copies of it and the supporting pleading are to be served on all interested parties immediately. Promptly thereafter, an Affidavit of Service is to be filed with the Prothonotary. The original Order and the pleading have been filed.
All requests for a continuance of a CUSTODY CONFERENCE must be made on the APPLICATION FOR CONTINUANCE form, shall be filed with the Court Administrator; and a continuance will be granted only upon good cause shown. Forms are available from the Court Administrator's Office and Prothonotary Office of the Schuylkill County Courthouse.
Dated:
__________
CUSTODY CONCILIATION OFFICER
SCHUYLKILL COUNTY COURTHOUSE
POTTSVILLE, PA 17901
717-628-1330RULE 1915.17: CUSTODY CONFERENCE REQUEST FOR CONTINUANCE.
(1) A request for a continuance of a custody conference shall be made in writing to the Custody Conciliation Officer on a form established by the Court and available from the Court Administrator, Custody Conciliation Section, Schuylkill County Courthouse and from the Prothonotary. The request shall include a statement of the reasons for the request, whether the request is opposed or unopposed, and the number of times the case has been previously continued.
(2) All requests for continuances of custody conferences shall be made at least four (4) working days prior to the scheduled custody conferences, unless unusual circumstances do not allow such a request. The unusual circumstances must be explained in writing.
(3) The Custody Conciliation Officer shall have the authority to approve only one continuance request from each party. If the Custody Conciliation Officer denies the request for a continuance for any reason, the Officer shall state the reasons for the denial on the written request.
(4) A party may appeal the denial of a request for continuance to the President Judge by submission of the denied continuance request to the President Judge. It is that party's responsibility to advise the Custody Conciliation Officer of the appeal and of the President Judge's decision.
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