THE COURTS

CARBON COUNTY

Adoption of Rules L3154 and L3155 and Amendments to Rules L206.1, L211, L212.1, L216, L229, L440, L1018.1, L1028, L1034, L1035, L1305, L1915.3, L1915.5, L1915.12, L1915.20, L1920.22, L2102, L2206 and L2971; No. 97-2389

[27 Pa.B. 5762]

Administrative Order No. 8-1997

   And Now, this 21st day of October, 1997, it is hereby

   Ordered and Decreed that Local Rule L3154 pertaining to Attachment of Income to Satisfy Landlord-Tenant Judgment Under Residential Lease and Local Rule L3155 setting forth the Order of Attachment of Income to Satisfy Landlord-Tenant Judgment Under Residential Lease--Form are hereby Promulgated and become effective thirty (30) days after publication in the Pennsylvania Bulletin.

   It Is Further Ordered and Decreed that the following Local Rules L206.1, L211, L212.1, L216, L229, L440, L1018.1, L1028, L1034, L1035, L1305, L1915.3, 1915.5, L1915.12, L1915.20, L1920.22, L2102, L2206 and L2971 are hereby Amended and Promulgated and become effective thirty (30) days after publication in the Pennsylvania Bulletin. Seven (7) certified copies of the within rules shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Pennsylvania Civil Procedural Rules Committee.

By the Court

JOHN P. LAVELLE,   
President Judge

Rule L206.1.  Motions and Petitions Procedure.

   (1)  Motions, Petitions and Continuances.

   (A)  Motions, Petitions, and Continuances shall be submitted to the Civil Filing Office along with the requisite filing fee, without the necessity of presentation to the Court. These matters shall include, but not be limited to, routine Rules to Show Cause, Requests for Hearings, Discovery Motions, Child Custody matters, Requests for Alternative Service, Quiet Title matters, Change of Name proceedings, and Motor Vehicle and Liquor License Suspension Appeals.

   (B)  After the motion or petition is filed and time stamped, it shall be forwarded by the Civil Filing Office to the Motions and Petitions Coordinator in the Office of Court Administration for Court action and/or scheduling. The Motions and Petitions Coordinator shall return the Order or Rule to the Civil Filing Office in order to conform all copies. The Civil Filing Office shall then file the original signed order and forward by regular mail to each attorney of record or unrepresented party a copy of the Petition or Motion together with the conformed copy of the Order or Rule.

   (C)  A rule to show cause shall be issued at the discretion of a judge of the court as contemplated by Pa.R.C.P. 206.5 and in the form provided in Carbon County Local Rule L206.5(D). The court, upon its own initiative, may schedule an evidentiary hearing on disputed issues of material fact and may, in its own discretion, provide for disposition of the matter on briefs without the necessity of oral argument. In such instances, the court shall establish a briefing schedule in its initial order.

   (D)  Uncontested Continuances will be accepted by mail providing they are received at least three (3) working days in advance of the scheduled event. The filing office should stamp the continuance filed and then forward said continuance to the Motions and Petitions Coordinator, who will, in turn, present it to the assigned Judge for disposition and signature. After the continuance is acted upon, it will be delivered to the filing office for completion of docketing and the mailing of the copies. If the continuance is received less than three (3) working days before the scheduled event, the attorney will be required to personally present it to the Motions and Petitions Coordinator for processing.

   (E)  Contested Continuances must be presented in the Court Administration Office. Notice of presentation of the contested continuance must be given to opposing counsel at least 3 days prior to presentation. The assigned judge will conduct a telephone conference which will be arranged by presenting counsel.

   (2)  Filing Requirements. All Motions and Petitions subject to this rule shall be accompanied by the following items in the following order:

   (A)  A completed cover sheet in the Form of Exhibit ''A'';

   (B)  A proposed order (and rule to show cause, if necessary);

   (C)  Stamped, addressed envelopes for each attorney of record and unrepresented party;

   (D)  Sufficient copies of the Petition, Motion and proposed Order or Rules for each attorney of record and unrepresented party; and

   (E)  Memorandum of Law, if Motion or Petition is contested.

   (F)  All Motions and Petitions shall be in writing, signed by a party or counsel of record and shall contain the caption of the case, the name, address, telephone number and Supreme Court identification of counsel for the moving party and the names and addresses of adverse parties and their attorneys.

   (3)  No motion for a preliminary injunction shall be filed unless a complaint in equity has already been docketed in the Civil Filing Office. Upon the filing of said complaint, the attorney presenting said motion shall attach to his motion a copy of his complaint and an affidavit that a preliminary injunction is an appropriate relief. This motion shall then be presented to the Motions and Petitions Coordinator who will present it to the assigned judge.

   For any motion for a Temporary Restraining Order to be considered, a brief must be filed prior to the preliminary injunction hearing. The brief shall address, with particularity, why irreparable harm will result if an injunction is not granted and why an adequate remedy at law is not available.

   (4)  Response Requirements. Any party opposing the Motion or Petition shall file the following documents with the Civil Filing Office no later than 4:30 P.M. on the date twenty (20) days after the date of the signing of the Court Order or Rule to Show Cause:

   (A)  Completed cover sheet in the form of Exhibit ''A'';

   (B)  Proposed order;

   (C)  Answer to the Motion or Petition (if necessary);

   (D)  Copy of a transmittal letter to each counsel of record and/or unrepresented party; and

   (E)  A Memorandum of Law.

   The filing party shall immediately serve copies of all documents filed in the Civil Filing Office on each attorney of record and unrepresented party.

   (5)  Discovery Motions. Any Motion relating to discovery must be accompanied by a Certificate signed by counsel for the moving party certifying that counsel has conferred with opposing counsel with respect to each matter set forth in the discovery Motion and was unable to resolve the differences which exist. Said Certificate shall set forth the exact time and place of the conference or consultation. Where counsel for the moving party cannot furnish the required Certificate, he shall furnish an alternate Certificate stating that opposing counsel has refused to so meet and confer and stating such other facts and circumstances supporting the absence of the required Certificate and movant's efforts to obtain compliance by opposing counsel. (NOTE: This Rule is borrowed from Rule 4 of Local Rules for Fed. Dist. Ct. of Western PA).

   (6)  The Court shall not act upon any Petition or Motion which does not conform with the provisions of this Rule.

Exhibit ''A''

CARBON COURT OF COMMON PLEAS

CIVIL DIVISION

MOTION COURT COVER SHEET

___________________________         NO. __________

vs.

___________________________

FILING OF: _________________
Movant(   )                     Respondent(   )

   __ Assigned Judge
__ Court Action Taken
__ Returned to Attorney for Deficiencies
__ Action Deferred by Court
For Court Use Only

         TYPE OF FILING (check one):

(   )  1.  Pretrial Discovery Motion (432)

(   )  2.  Motion for Discovery in Aid of Execution (480)

(   )  3.  Preliminary Objections to (576) _________________

(   )  4.  Motion for Summary Judgment (306)

(   )  5.  Motion for Judgment on Pleadings (294)

(   )  6.  Petition for Leave to Join Additional Defendant (403)

(   )  7.  Petition for TRO or Preliminary Injunction (438)

(   )  8.  Petition to Open or Strike Judgment (498)

(   )  9.  Petition for Alternative Service (409)

(   )10.  Petition for Leave to Amend (465) _________________

(   )11.  Petition to Consolidate Actions (424)

(   )12.  Petition to Compromise Minor's Action (435)

(   )13.  Petition for Leave to Withdraw (510)

(   )14.  Petition for Reconsideration (441)

(   )15.  Petition for Advancement on Trial List (404)

(   )16.  Other Motion or Petition (specify):

__________

(   )17.  Response to:
 
__________

         OTHER PARTIES:
 
__________
 
__________
 
__________

Attorney's Name (Typed) __________

Attorney for: __________
   (   )Movant            (   )Respondent

N.B.  The numbers after the Motion or Petition above are docket codes used in the Court Computer System. Please be precise when checking your Motion or Petition.

   The form of order required by subdivision (b) of the Pa.R.C.P. 206.5 shall be in substantially the following form:

ORDER

   AND NOW, this ______ day of _________________ , 199 __ , upon consideration of the foregoing petition, it is hereby ordered that

____ (1)  A rule is issued upon the respondent _________________ to show cause why the petitioner is not entitled to the relief requested;

____ (2)  The respondent shall file an answer to the petition within ______ days of this date;

____ (3)  The petition shall be decided under Pa.R.C.P. No. 206.7;

____ (4a)  Deposition shall be completed within ______ days of this date.

____ (4b)  An evidentiary hearing on disputed issues of material fact shall be held on _________________ , 199 __ , at ______ o'clock, __ .m., in Courtroom _____ of the Carbon County Courthouse.

____ (5a)  The question of law presented shall be resolved by the Court on briefs, without oral argument.

____ (5b)  If answer is filed hearing/argument shall be scheduled by the Court on or around ______ by Court Order.

____ (6)  The attached motion/petition is Denied and Dismissed for failure to comply with ______ .

____ (7)  Notice of the entry of this order shall be provided to all parties by the petitioner.

BY THE COURT:
__________
J.

*The Court shall determine which procedure shall be followed in a particular case by checking the appropriate line.

Rule L211.  Oral Argument.

   (1)  The Court Calendar Officer shall prepare the lists of cases to be argued at Argument Court. Such lists shall include cases praeciped thereon by a party or counsel with notice to all adverse parties or their counsel of record, together with such cases as may be ordered on the lists by the Court. Notice of the listing for argument shall be sent by regular mail to all parties or their counsel of record in such cases listed thereon at least ten (10) days prior to the date of argument. Copies of the argument lists shall be made available in the Court Scheduling Office.

   (2)  Counsel for the moving party shall in all matters file three (3) copies of a brief pursuant to applicable local rule in the Office of the Prothonotary and forthwith serve one (1) copy of a brief upon each adverse party or counsel of record.

   (3)  Each adverse party or his counsel of record shall file in the Office of the Prothonotary three (3) copies of a brief in answer, not later than three (3) weeks before the date of argument and forthwith serve a copy thereof upon all opposing parties or their counsel of record. No party shall be allowed to argue if the brief is not filed.

   (4)  Except as provided in (2), and (3) no untimely briefs shall be filed unless upon special allowance or within such time as shall be set by the Court.

   (5)  Proof of service of briefs shall not be required unless demanded by a party or the Court.

   (6)  The Court Calendar Officer shall divide the Argument List into a short list and a long list. Unless the Judge shall deem it necessary or appropriate and direct otherwise, the argument of preliminary objections shall be placed on the short list. The Court, with the agreement of counsel, may place such other cases on the short list as they may deem appropriate. The time for argument of cases on the short list shall be limited to not more than five (5) minutes for each side. The time for argument of cases on the long list shall be limited to not more than twenty (20) minutes for each side. Not more than one attorney shall be heard on any side of an issue, except that if several parties plaintiff or defendant have adverse interests, the attorney for each adverse interest shall be limited to not more than five (5) minutes on the short list and not more than twenty (20) minutes on the long list.

   (7)  Failure to comply with the requirements of the L205.2, pertaining to filing and serving copies of briefs shall constitute a default for which the Court may impose sanctions, including, but not limited to, dismissal of the motion or other matter which is the subject of the argument or allowing the other party to proceed ex parte.

   (8)  The Court may, upon agreement of the attorneys, or upon its own motion dispense with oral argument and receive the matter on such briefs as may be filed by the parties.

Rule L 212.1.  Civil Case Management.

   (1)  Cases Subject to Civil Case Management: All Civil cases commenced on or after January 3, 1995 shall be subject to Case Management.

   (2)  Commencement of Action: All subject actions shall be commenced as provided in Pa.R.C.P. 1007. Carbon County Local Rule L213.2 shall be followed.

   (3)  Case Management Review: Pursuant to Pa.R.C.P. 212, a Case Management Review shall be performed by the Court Calendar Officer in every civil case not earlier than one hundred twenty (120) days after commencement of the action in order to prepare a case management order.

   (A)  The case management review order establishes: Expedited Case Management Track, Standard Case Management Track, Complex Case Management Track and Extraordinary Case Management Track. Each case shall be assigned to a Case Management Track in accordance with the presumptive track assignment, established hereby and following as ''Exhibit A''. For cause shown, the Judge or the Court Calendar Officer may reassign the case to any appropriate Case Management Track.

   The Case Management Order shall establish the applicable deadlines for each particular case in accordance with the Presumptive Time Standards, established hereby and following as ''Exhibit B''.

   (B)  If the Court Calendar Officer determines that a case is not ready for a Management Order because of lack of docket activity, the case shall be scheduled for Management Conference before the Assigned Judge.

   (C)  Prothonotary shall serve a copy of the Case Management Review order on all attorneys of record, and any unrepresented party.

   (D)  Management/Telephone Conferences shall be scheduled at the discretion of the Court.

   (4)  Relief from Deadlines Set Forth in Case Management Order: Relief from the time requirements of any Case Management Order may be granted only by the assigned Judge. Any aggrieved party may file a Petition For Modification of Management Milestones, established hereby and following as Exhibit ''C'', with the Prothonotary prior to the deadline that is sought to be changed.

   Any adverse party shall have ten (10) days after the filing of the Petition For Modification of Management Milestones to file a Response to Petition for Modification of Management Milestones, established hereby and following as Exhibit ''D''. The parties may not extend any Case Management deadline by agreement, without Court approval.

   (5)  Settlement Conference: A settlement conference will be expeditiously scheduled on any case in which counsel concur that such a conference may be productive. Such requests shall be made in writing to the assigned Judge.

   In Standard Case Management Track cases, a settlement conference may be scheduled by the Court. In all Complex Management Track cases, a settlement conference will be scheduled by the Court.

   (6)  Pretrial Memorandum: All counsel and unrepresented parties shall file a Pretrial Memorandum for the Pretrial Conference as required by Carbon County Rule L212. The Pretrial Memorandum shall contain all of the information mandated by Rule L212, including but not limited to: A concise summary of the facts of the case, or defense; a list, by name and address, of all witnesses the party anticipates calling at trial classified as to liability or damages or both; a prenumbered list of all exhibits which the party intends to offer into evidence at trial; the Plaintiff shall list an itemization of the injuries or damages sustained, and all special damages claimed, by category and amount; and Defendant shall identify the applicable insurance carrier, together with applicable limits of liability.

   The Pretrial Memorandum shall be served upon all counsel and unrepresented parties contemporaneously with filing. Counsel should expect witnesses and exhibits not listed in the Pretrial Memorandum to be precluded at trial.

   (7)  Pretrial Conference: In every case, a Pretrial Conference shall be scheduled by the Court. At the conclusion of the Pretrial Conference, a Pretrial Order controlling the conduct of trial may be entered.

   (8)  Trial Date: At the conclusion of the pretrial conference, a date certain trial date consistent with the ''Presumptive Time Standards'' shall be established by which the case shall be deemed by the Court to be ready for trial. No Continuance requests shall be entertained, except in accordance with Pa.R.C.P. 216, and subject to Pa.R.C.P. 217.

   (9)  Failure to Appear for Scheduled Conferences: Attendance at all conferences scheduled by the Court is mandatory. If Plaintiff fails to appear, the case may be nonprossed without further notice. In the event any other party fails to appear, the conference shall be held in their absence; and sanctions may be imposed. All requests to reschedule conferences shall be made by filing an application for continuance and following the procedures set forth in Carbon County Rule L216.

Exhibit ''C''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION

PETITION FOR MODIFICATION OF MANAGEMENT MILESTONES

Must be filed with the Prothonotary. Attach self-addressed, stamped envelopes to all counsel and unrepresented parties.

	:
	:
Plaintiff(s)	:
vs.	:	NO.
	:
	:
	:
Defendant(s)	:

Filing of: __________
Name of filing party (state whether Plaintiff or Defendant)

NAME OF PLAINTIFF AND COUNSEL	NAME OF DEFENDANT AND COUNSEL
ASSIGNED TRACK (Check one)    [  ]  Fast    [  ]  Standard    [  ]  Complex	CURRENT APPLICABLE CASE MANAGEMENT MILESTONES (Complete all dates subsequent to the date you are asking to be extended) [  ]  Discovery Date _____       [  ]  Plaintiff Expert Reports _____       [  ]  Defendant Expert Reports _____       [  ]  Pre-Trial Motions       _____       [  ]  Pre-trial Memo       _____       [  ]  Pretrial Conference _____       [  ]  Trial Date _____
NAME OF JUDGE
SET FORTH DATES OF ISSUANCE OF ORDERS ON PREVIOUSLY FILED PETITIONS FOR EXTRAORDINARY RELIEF--ATTACH COPIES OF THOSE ORDERS.

Exhibit ''D''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION

RESPONSE TO PETITION FOR MODIFICATION OF MANAGEMENT MILESTONES

Must be filed with the Prothonotary. Attach self-addressed, stamped envelopes to all counsel and unrepresented parties.

	:
	:
Plaintiff(s)	:
vs.	:	NO.
	:
	:
	:
Defendant(s)	:

Filing of: __________
Name of filing party (state whether Plaintiff or Defendant)

NAME OF PLAINTIFF AND COUNSEL	NAME OF DEFENDANT AND COUNSEL
SET FORTH YOUR POSITION CONCERNING THE MOVING PARTY'S REQUESTED RELIEF (ATTACH PROPOSED ORDER).
A COPY OF THIS RESPONSE WAS SENT OR WILL BE SENT TO THE FOLLOWING PARTIES OR COUNSEL ON THE FOLLOWING DATES:

I certify the above to be
true and correct.
Date: _________________
Respectfully submitted,
 
___________________________
Attorney for Plaintiff/Defendant

Rule L216.  Application for Continuance.

   (1)  All Applications for Continuance shall be presented to the Court on the form provided and shall be presented for Court action at least three (3) working days prior to the scheduled event, except for Applications for Continuance of Arbitrations under Carbon County Rule L1303.

   (2)  Uncontested Continuances will be accepted by mail providing they are received at least three (3) working days in advance of the scheduled event. The filing office should stamp the continuance filed and then forward said continuance to the Motions and Petitions Coordinator, who will, in turn, present it to the assigned Judge for disposition and signature. After the continuance is acted upon, it will be delivered to the filing office for completion of docketing and the mailing of the copies. If the continuance is received less than three (3) working days before the scheduled event, the attorney will be required to personally present it to the Motions and Petitions Coordinator for processing.

   (3)  Contested Continuances must be presented in the Court Administration Office. Notice of presentation of the contested continuance must be given to opposing counsel at least 3 days prior to presentation. The assigned judge will conduct a telephone conference which will be arranged by presenting counsel.

Rule L229.  Discontinuance of Cases.

   (1)  Discontinuance of a case prior to the entry of an arbitration award (see L1305(3)), 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.

   (2)  Discontinuance 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. If an appeal is discontinued, the arbitration award will remain on the judgment index unless an order to satisfy the award signed on behalf of the prevailing party or parties also is filed.

   (3)  Discontinuance 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.

   (4)  When a settlement has been consummated, an award, verdict or judgment has been paid, or the parties have otherwise agreed to terminate a case, the appropriate praecipe or praecipes shall be filed within twenty (20) days thereafter, in default of which sanctions may be imposed.

Rule L440.  Notice of Bankruptcy Stay.

   So that this Court is informed of an automatic stay under 11 U.S.C. §  362, in all civil cases pending before the Court of Common Pleas of Carbon County, a party in such a case who files a Federal bankruptcy case shall, within ten (10) days of such filing, file written notice thereof in this Court.

   The written notice shall be filed to the caption and number of the case in this Court and have attached to it a photocopy of the face sheet of the bankruptcy petition certified by the Clerk of the Bankruptcy Court clearly showing the filing date.

   All other parties shall be served with a copy of said notice in the manner provided by Pa.R.C.P.440.

   If a pre-trial matter, arbitration or trial is scheduled to occur within ten (10) days from the Federal bankruptcy filing, in addition to the written notice required above, the filing party shall immediately give oral notice to all other parties affected by the automatic stay and to the Court Administrator.

   Upon termination of this stay, any party may move to reactivate the case in this Court.

   Failure to give notice as required by this Rule may result in an order of sanction issued by the Court imposing court costs upon the party who fails to so comply.

Rule L1018.1.  Notice to Defend.

   The following shall be designated in the notice to defend contained in a complaint filed by a plaintiff and a complaint filed by a defendant against an additional defendant as the organization from whom legal referral can be obtained, as required by Pa.R.C.P. 1018.1.

      Legal Services of Northeastern Pennsylvania, Inc.
122 Iron Street
Lehighton, PA 18235
(610) 377-5400

Rule L1028.  Preliminary Objections.

   (1)  Any party who files preliminary objections shall simultaneously file a brief in duplicate in support of the preliminary objections with the Prothonotary and serve copies of said brief upon all adverse parties or their counsel of record.

   (2)  Failure to file the brief as required by subsection (1) may result in automatic dismissal of the preliminary objections. The Prothonotary shall transmit the record papers of such case to the Assigned Judge who may enter an order dismissing the preliminary objections and, when appropriate, directing the party who filed the preliminary objections to file an answer or reply to the prior pleading within twenty (20) days. A copy of the order shall be served by the Prothonotary upon all parties or their counsel of record by regular mail.

   (3)  Where preliminary objections raise a factual or jurisdiction issue, the procedure set forth in Pa. R.C.P.1029 shall be followed and the party filing the preliminary objection shall also file a certification that the preliminary objections raise a factual or jurisdiction issue so that the requirements of Subsection (1) of this rule do not apply.

   (4)  The adverse party shall file a brief in duplicate, and serve it upon the opposing party no later than twenty-one (21) days prior to the scheduled argument. In the event the adverse party fails to file timely a responsive brief, the matter shall be considered by the court as if uncontroverted.

Rule L1034.  Motion for Judgment on the Pleadings.

   (1)  A Motion for Judgment on the Pleadings shall be accompanied by a legal memorandum setting forth the position of the moving party. The moving party shall file the Motion with the Prothonotary and shall also serve a copy on the Court Calendar Officer, together with a copy of the supporting legal memorandum. Any Motion for Judgment on the Pleadings must be accompanied by a Certificate of Counsel certifying that counsel had made service of the Motion upon opposing counsel. The Prothonotary shall refuse to accept any Motion for Judgment on the Pleadings which is not accompanied by a supporting Legal Memorandum.

   (2)  The responding party shall file a responsive legal Memorandum thirty (30) days following service of the Motion.

   (3)  Upon filing, the Prothonotary shall refer the Motion for Judgment on the Pleadings to the Court Calendar Officer.

   (4)  The pendency of a Motion for Judgment on the Pleadings shall not act as a stay on any discovery, and shall not extend any of the time constraints otherwise mandated by these Rules or the Pennsylvania Rules of Civil Procedure, unless the Court explicitly extends or stays discovery.

Rule L1035.  Motion for Summary Judgment.

   (1)  A Motion for Summary Judgment shall be filed within thirty (30) days after completion of discovery and must be accompanied by a supporting Legal Memoranda. A responsive Memoranda shall be filed thirty (30) days thereafter.

   (2)  A Motion for Summary Judgment shall be accompanied by a Certificate of Counsel certifying that counsel has made service of the Motion upon all opposing counsel. The moving party shall file the Motion with the Prothonotary and shall also serve a copy on the Court Calendar Officer. The Court Calendar Officer will thereafter schedule Argument on the Motion.

   (3)  Affidavits in support of the Motion and Counter-Affidavits in opposition to the Motion shall be filed prior to the day of the Argument. At Argument, the Court shall determine whether any genuine issue as to a material fact exists. The Court may at that time also determine whether any party is entitled to judgment as a matter of law.

   (4)  If the Court determines that further briefing will be helpful, the Court will provide counsel with a briefing schedule.

Rule L1305.  Conduct of Hearing.

   (1)  On the date fixed for the hearing, the chairman and the members of the panel shall take their oaths of office before the Prothonotary and shall organize for the hearing at least fifteen (15) minutes before the scheduled time. The panel shall conduct the hearing in accordance with Pa.R.C.P. 1304 and 1305. The chairman of the panel shall preside and see to the proper conduct of the hearing. He shall announce all rulings of a majority of the panel pertaining to the law and/or the admissibility of evidence and be responsible for the proper filing of the award. Hearings shall be held in such place as shall be designated by the Court Calendar Officer.

   (2)  If a hearing is held and cannot be concluded on the initial day scheduled within the time as indicated on the certificate of readiness, a continued hearing shall be scheduled by the chairman with the Court Calendar Officer and notice thereof given either at the conclusion of the hearing or as provided in Carbon Civ. L1302(4).

   (3)  If case is settled less than 2 days before the Arbitration hearing, one of the attorneys must appear before the Board of Arbitrators and have an Award entered by agreement. If settled more than 2 days before, Plaintiff's attorney must file a praecipe to strike case from arbitration list because case is settled and notify Panel.

Rule L1915.3.  Prosecution of Action.

   When a claim for custody, partial custody or visitation is made in a complaint, petition, or counterclaim, such pleading shall comply with Pa.R.C.P. 1915.15(a) and shall have attached an Order of the Court referring the claim to the Hearing Officer for a conference, a Conciliation Conference Notice and a Pre-trial Conciliation Information Form which will be substantially in the same form as ''Form A'', ''Form B'' and ''Form C'' following this rule. The moving party shall follow the Motion practice as set forth in L206.1(9) in the filing and service of the custody pleading.

''Form A''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

	:
	:
vs.	:	NO.
	:	CUSTODY
	:

ORDER OF COURT

   You, ______ , Defendant, have been sued in Court to obtain custody, partial custody or visitation of the child(ren), __________
______ .

   You are ordered to appear in person at ______ , Carbon County Courthouse, Jim Thorpe, Pennsylvania, 18229, on _________________ , 19 __ , at _________________ , __ .m., prevailing time, for a CONCILIATION or MEDIATION CONFERENCE.

   If you fail to appear as provided by this Order, an Order for 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 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.

      Legal Services of Northeastern Pennsylvania, Inc.
122 Iron Street
Lehighton, PA 18235
(610) 377-5400

BY THE COURT:

DATED: ______
___________________________
J.

''Form B''

IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA
CIVIL ACTION--LAW

	:
	:
vs.	:	NO.
	:	CUSTODY
	:

CONCILIATION CONFERENCE NOTICE

   TAKE NOTICE that pursuant to Carbon County Rule 1915.3 the above captioned case has been set for a conciliation conference on the ______ day of ______ , 19 __ , at _____ AM/PM before Carbon County Custody Conference Officer _________________ , Esquire, in the First Floor Conference Room, Carbon County Court House, Jim Thorpe, Pennsylvania.

   Both parties shall complete the Custody questionnaire and shall supply the completed questionnaire to the Custody Conference Officer at least five (5) days before the conciliation conference.

   THE PARTIES ARE ADVISED THAT IF HE OR SHE FAILS TO APPEAR AT THIS CONFERENCE, THE COURT OR CUSTODY CONFERENCE OFFICER MAY GRANT LEAVE TO THE PARTY WHO APPEARS TO PRESENT TESTIMONY AND THE COURT MAY PROCEED TO ENTER AN ORDER BASED SOLELY UPON SUCH TESTIMONY. NO STENOGRAPHIC RECORD SHALL BE MADE OF THIS CONFERENCE.

   DATED this ______ day of ______ , 19 __ .

BY THE COURT:
__________
J.

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