[30 Pa.B. 1511]
[Continued from previous Web Page] RULE L300. PROTHONOTARY
Rule L300C. Form and Size of Documents Filed.
Size and other physical characteristics--No paper or other document may be filed in the Prothonotary's Office on any paper other than paper approximately 8 1/2 x 11 inches in size. Any paper or other document filed in any office shall be sufficient as to format and other physical characteristics if it substantially complies with the following requirements:
(a) Prepared on white paper of good quality with typed or printed matter 6 1/2 x 9 1/2 inches.
(b) The cover sheet shall contain a three inch space from the top of the paper for all court stampings, filing notices, etc.
(c) Exhibits introduced in judicial proceedings and wills are exempt from this rule.
(d) Multi-page filings shall be stapled in the upper left-hand corner only. No tape, headers or backers shall be used.
Rule L300J. Collection of Costs.
The Prothonotary shall establish, implement, maintain and utilize a system for the collection of outstanding unpaid fees and costs. The Prothonotary shall keep a separate listing of the date costs and fees were imposed, the date due, collection efforts, and the dates and amounts of payment. The Prothonotary shall make an annual report to the President Judge on or before April 1st of each year for the preceding calendar year setting forth the amount of outstanding costs and fees imposed on a delay time payment basis, the amount of said costs paid during the year and the amount of the unpaid costs at the end of the year. For the purpose of this rule costs and fees which are either paid at the time that services are incurred or paid at the time that the order imposing the costs and fees is entered are not included in this rule. This rule governs costs which either the Court or the Prothonotary has given an attorney or party time to pay.
RULE L400. SERVICE BY SHERIFF
A party filing a complaint or any other pleading that constitutes original process which is to be served by the Sheriff's Office shall deliver to that office a certified copy of the complaint or pleading for each party to be served together with instructions for service on a form available from the Sheriff's Office. The Sheriff shall have the right to require payment for the requested service before service is made or attempted unless the party seeking service has been given the right to proceed in forma pauperis.
RULE L1018.1. NOTICE TO DEFEND
Rule L1018.1A Notice to Defend.
As provided by Pa.R.C.P. No. 1018.1, the following agencies are designated to be named in the Notice to Defend in order to find out where legal help can be obtained:
PA Lawyer Referral
ServicesNorthwestern Legal
ServicesPA Bar Association Warren, PA 16365 100 South Street Phone (800) 665-6957 Harrisburg, PA 17108 Phone (800) 692-7375
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
ARBITRATION Rule L1301. Cases for Submission.
A. Compulsory arbitration of matters as authorized by Section 7631 of the Judicial Code, 42 Pa.C.S. § 101, et. seq. shall apply to all cases at issue where the amount in controversy shall be twenty-five thousand dollars ($25,000.00) or less.
The amount in controversy shall be determined from the pleadings or by an agreement of reference filed by the attorneys. The amount in controversy, when determined from the pleadings, shall be the largest amount claimed by any one party.
In the event that a case within arbitration limits is consolidated with a case involving more than arbitration limits after the former has been referred to a board of arbitrators, the order of consolidation will remove the same from the jurisdiction of the board of arbitrators.
B. A civil action will be referred to arbitration 20 days after the filing with the prothonotary and the court administrator of a praecipe signed by either party or its counsel indicating the matter is ready for arbitration. If the other party objects to the filing, that party shall, within the 20 days, file a motion requesting delay in the appointment of arbitrators pending completion of the pre-trial discovery and filings. The objection shall specifically indicate the matters that must be preliminarily resolved and shall propose a timetable for their completion.
Rule L1301.2. Agreement of Reference.
Matters not in litigation may be referred to a board of arbitrators by an agreement of reference, signed by counsel for all sides in the case. Such agreement shall be filed with the prothonotary, who will forward a copy to the court administrator. Said agreement shall define the issue involved for determination by the board and, when agreeable, shall also contain stipulations with respect to facts. In such cases, the agreement shall take the place of the pleadings in the case and be filed of record.
Rule L1302. List of Arbitrators.
Upon receipt of a praecipe, the court administrator shall appoint, from the list of attorneys, a board of 3 arbitrators. The appointments shall be made in a rotational fashion from the members of the bar eligible for assignment, except where an attorney is excused by reason of incapacity, illness, or other disqualification. The court administrator shall further be responsible for apportioning assignments between members with more than five years' experience and those under five years. No more than one member of a family, firm, professional corporation, or association shall be nominated to serve on one potential board.
Rule L1304. Continuances.
Continuances shall be granted only by court order for good cause shown on notice sent by the court administrator to the parties and the court. Requests for continuances shall be submitted in writing in the form of a motion. A motion for continuance should be filed not later that 3 days prior to the scheduled date for the arbitration hearing.
If a party fails to appear at a scheduled arbitration hearing, the arbitrators shall proceed as set forth in Pa.R.C.P. 1303 and 1304.
Rule L1306. Awards.
A. After the case has been heard, the arbitrators shall make their report/award, which shall be signed by at least a majority of them. An award must be submitted within 10 days after the day of the hearing or the last adjournment thereof.
B. The award shall be filed with the prothonotary.
C. The prothonotary shall enter the award of the arbitrators in the docket. If an appeal is taken, the prothonotary shall notify the court administrator, who shall place it on the next pre-trial list.
D. Upon the award being indexed, the prothonotary shall give immediate written notice of the award to all the parties, or their attorneys, by regular mail and a copy to the court administrator.
Rule L1308.1. Compensation for Arbitrators.
A. The chair of the board of arbitrators shall receive compensation in the amount of $150.00 per case; the other members of the board shall receive compensation in the amount of $100.00 per case.
B. Each arbitrator shall be entitled to receive an additional compensation at the rate of $50.00 per hour in any case in which the actual time spent in the hearing exceeds 3 1/2 hours.
C. Upon the filing of the board's report or award, the prothonotary shall certify to the county treasurer that the report and award, if any, has been filed, together with the names of the members of the board serving in the case. The county shall then pay the aforesaid fee to each member of the board serving on the case in accordance with Subsection A. of this rule.
D. In the event that a case shall be settled or withdrawn or otherwise terminated by or between the parties at any time prior to the date scheduled for hearing, the board members shall not be entitled to the aforesaid fee. If the case is settled, withdrawn, or otherwise terminated by or between the parties, on the date scheduled for hearing but prior to the scheduled starting time, the panel members shall be entitled to one-half of the base fee as set forth in Subsection A of this rule. In the event the case is continued after the arbitrators have convened, either before or after testimony has begun, the time required of the arbitrators during the first scheduled hearing shall be aggregated with the time required during the second hearing. To the extent that such aggregate time is less that 3 1/2 hours, the fee set forth in Paragraph A shall be applicable. To the extent that such aggregate time exceeds 3 1/2 hours, the hourly rate set forth in Paragraph B shall be due for the hours in excess of 3 1/2 hours.
The prothonotary shall not mark or certify a case settled or discontinued until the attorney for the plaintiff has presented his or her praecipe in proper form.
L1308.2. Appeals.
A. Any party to the proceeding may appeal from the decision or award of the arbitrators to the Court of Common Pleas, upon prepayment to the county of the fees of the members of the board as set forth in the following schedule:
(1) If the amount in controversy is less than $5,000--$200.00.
(2) If the amount in controversy is $5,000 or more but less than $10,000-- $300.00.
(3) If the amount in controversy is $10,000 or more but less than $20,000-- $400.00.
(4) If the amount in controversy is $20,000 or more--$500.00.
For purposes of determining the appeal fee, ''amount in controversy'' shall be defined as the amount of the award rendered by the Board of Arbitration, or, in cases of no award, the amount demanded in the complaint.
Said appeal shall be taken not later than 30 days after the date of the entry of the award of the arbitrators on the docket. Repayment to the county of the fees of the members of the board shall not be taxed as costs or be recoverable in any proceeding. A de novo appeal shall be allowed as a matter of course upon the filing of the affidavit of appeal and recognizance, and upon the aforesaid repayment of the arbitrators' fees.
B. The prothonotary shall notify the court administrator of all appeals from arbitration. All arbitration appeals shall immediately be scheduled by the court administrator for pre-trial conference and trial at the earliest practical date.
C. If no appeal is filed within 30 days, judgment may be taken on the award.
RULE L1903. Protection from Abuse Enforcement
Rule L1903.1. Enforcement Methods.
Generally, the Protection for Abuse Act, Act 1994-85, 23 Pa.C.S.A. § 6102 et seq., provides three methods for the enforcement of protection from abuse orders to-wit; arrest (23 Pa.C.S.A. § 6113); private criminal complaint (23 Pa.C.S.A. § 6113.1); and civil contempt (23 Pa.C.S.A. § 6114.1). Except as hereinafter provided the procedure with respect to enforcement by arrest and private criminal complaint shall be similar.
Rule L1903.2. Probable Cause Arrest.
A police officer may arrest a defendant for violation of a protection order (except for economic matters) upon probable cause which shall be supplied by the victim, officer, or witnesses or combination thereof. If necessary, the officer may verify the existence of said order by phone or radio with the appropriate police department, county control or the Prothonotary's office). A complaint for indirect criminal contempt in the form prescribed by Exhibit L1903.1A shall be completed, signed and filed by the arresting officer or the victim. The probable cause affidavit shall be in the form prescribed by Exhibit L1903.1B.
Rule L1903.3. Private Criminal Complaint.
A plaintiff may file a private criminal complaint against the defendant on a form similar to L1903.1A alleging indirect criminal contempt for non-economic violations of any provision of an order issued under the Protection from Abuse Act by the Court or a District Justice. The private criminal complaint shall be filed with the District Justice in the jurisdiction where the violation occurred.
1. Upon review and determination of probable cause the District Justice shall issue a warrant or summons. If the District Justice issues a summons the summons shall indicate the date, time and place for the hearing which the District Justice shall obtain from the Court Administrator unless the District Justice is unable to contact the Court Administrator. In the latter event the defendant shall be informed by the Court Administrator of the time, date and place for the hearing. If the District Justice issues a warrant the District Justice shall cause a warrant to be forwarded to the appropriate police agency for service. Upon arrest, the defendant shall be taken to the District Justice, without unnecessary delay for a preliminary arraignment in accordance with Rule L1903.4. The District Justice shall cause the complaint to be filed with the Clerk of Courts as soon as practicable. The Clerk of Courts shall docket the complaint and forward it to the Court Administrator who shall schedule a hearing.
2. The Sheriff shall not require a deposit for service however the cost of service may be assessed to one or both parties when the hearing is held.
Rule L1903.4. Preliminary Arraignment.
A. When a defendant is arrested by a police officer upon probable cause or pursuant to a private criminal complaint for violation of a protection from abuse order issued by a Judge or an emergency order issued by a District Justice, the defendant shall be preliminarily arraigned forthwith before a District Justice.
B. If the arraignment occurs during the Court's business hours the District Justice shall contact the Court Administrator to obtain a time and date for the hearing. The District Justice shall then inform the plaintiff and defendant of the date and time for the hearing in writing in the form of Exhibit L1903.2-B.
If the District Justice is unable to contact the Court Administrator at the preliminary arraignment he shall contact the Court Administrator as soon thereafter as possible. The District Justice shall advise the defendant, and if present the plaintiff, in the form of Exhibit L1903.2-B, that each will be receiving a notice from the Court Administrator setting forth the date, time and place of the hearing on contempt. The Court Administrator shall then schedule a hearing and notify the plaintiff and defendant of the date and time for the hearing in writing sent to their last known addresses shown on the documents filed before the District Justice in this action.
C. The Court of the District Justice shall set bail to insure the defendant's presence at the contempt hearing in accordance with Pennsylvania Rule of Criminal Procedure 4004 with conditions including, without limitation, a condition that the defendant not contact the plaintiff or members of the plaintiff's household, directly or indirectly, until further order of Court.
D. At the preliminary arraignment, the defendant shall be notified:
1. That he/she is charged with criminal contempt for violation of the Protection From Abuse Order.
2. That a hearing will be held in the Court of Common Pleas of Forest/Warren County when scheduled by the Court Administrator; and
3. That the defendant is entitled to be represented by counsel, and if unable to afford counsel, free counsel may be appointed if the Defendant cannot afford counsel. The defendant should immediately contact the office of the Public Defender of Forest/Warren County.
E. Defendants who fail to post bail shall be committed to the Warren County Jail pending the hearing.
F. The hearing shall be scheduled within ten (10) days.
Rule L1903.5. Contempt-Delivery of District Justice File to Court.
The District Justice shall cause the following completed forms and bail, if entered, to be delivered immediately to the Judges Chambers or Court Administrator: (1) criminal complaint; (2) probable cause affidavit, if any; (3) certificate of bail, if any was required, and discharge or commitment; and (4) receipts or copies of notice of the hearing.
Rule L1903.6. Contempt-Court Hearing.
The unavailability of plaintiff's counsel shall not be grounds for the dismissal of the contempt action, and said hearing shall not be unduly delayed by the unavailability of counsel.
Rule L1903.7. Civil Contempt.
A petition for civil contempt shall be filed by the plaintiff with the Prothonotary and then transmitted by the Prothonotary to the Court Administrator. The Court Administrator shall set a time for hearing. The plaintiff shall arrange to have the petition and order setting the hearing served upon the defendant in any manner by which service of original process may be made in a civil action. The order scheduling a hearing shall be in a form identical to Exhibit L1903.6-A.
NOTICE OF HEARING FORM
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF
PENNSYLVANIA
______ COUNTY BRANCH
CIVIL ACTION-LAW
INDIRECT CRIMINAL CONTEMPT FOR
VIOLATION
OF PROTECTION FROM ABUSE ORDERPlaintiff
vs.
Defendant
NOTICE OF HEARING TO: Defendant __________
1. ______ You are hereby ORDERED to appear for hearing on:
DATE: ______ TIME ______ PLACE ______The Forest/Warren County Court Administrator will notify you ______ by mail of the date, time, and Courtroom for your hearing at which you must appear. Defendant states that his mailing address is: __________
2. You have been charged with the following: __________
__________
3. Your bail has been set at: __________
To protect your rights you should have a lawyer represent you at this hearing. If you do not have a lawyer, these referral services will give you information about finding one.
CONTACT:
PA Lawyer Referral
ServicesNorthwestern Legal
ServicesPA Bar Association Warren, PA 16365 100 South Street Phone (800) 665-6957 Harrisburg, PA 17108 Phone (800) 692-7375
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
If you do not have the money to hire a lawyer, you must apply within 48 hours at the Office of the Public Defender of Forest/Warren County at the Courthouse in Warren or Tionesta.
______ (SEAL)
______ (DATE)
District Justice
CERTIFICATE OF SERVICE OF NOTICE OF HEARING I certify that on this day I personally served the above notice of hearing on the defendant in this case.
Defendant is: __ released on bail or __ incarcerated in lieu of bail in the amount of $ ______
______ (SEAL)
______ (DATE)
District Justice
EXHIBIT L1903-2B Form for Order and Notice for Civil Contempt for Violation of Protection From Abuse Order.
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF
PENNSYLVANIA
______ COUNTY BRANCH
CIVIL ACTION-LAW______ ,
Plaintiff
vs. No. A. D. ______
______ ,
Defendant
NOTICE AND ORDER TO APPEAR TO THE DEFENDANT:
Legal proceedings have been brought against you alleging that you have willfully disobeyed an Order of Court under the Protection From Abuse Act.
If you wish to defend against the claim set forth in the following pages you may but are not required to file in writing with the Court your defenses or objections.
Whether or not you file in writing with the Court your defenses or objections you must appear in person in Court on the ____ day of ______ , ____ , at __ o'clock a.m./p.m. in Courtroom ____ of the Forest/Warren County Courthouse.
IF YOU DO NOT APPEAR IN PERSON THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST.
If the Court finds that you have willfully violated the Protection From Abuse Order you may be found in contempt of court and committed to jail for up to six months and a fine from $100 to $1,000 or both.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, YOU MAY TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
PA Lawyer Referral
ServicesNorthwestern Legal
ServicesPA Bar Association Warren, PA 16365 100 South Street Phone (800) 665-6957 Harrisburg, PA 17108 Phone (800) 692-7375
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
BY THE COURT
__________
Date: __________
EXHIBIT L1903.6-A
SUPPORT RULES Rule L1910.12. Support Hearing Procedure.
Warren and Forest Counties shall follow the procedure set forth in Pa.R.C.P. 1910.12
Rule L1910.12(f). Exceptions to Court Hearing Officer's Report.
(1) Each exception to the Court Hearing Officer's Report regarding child support, spousal support, and alimony pendente lite shall be specifically identified by the party filing the exception as either:
(a) an exception asserting that the Hearing Officer made an erroneous finding of fact, or
(b) an exception asserting that the Hearing Officer made an error of law.
(2) An exception asserting that the Hearing Officer made an erroneous finding of fact shall:
(a) identify the erroneous finding;
(b) state specifically the finding which should have been made by the Hearing Officer;
(c) specify any document which supports, or any witness whose testimony supports, the finding which should have been made by the Hearing Officer;
(d) specify any document or testimony which supports the Hearing Officer's finding.
(3) An exception asserting that the Hearing Officer made an error of law shall identify the statute, rule, regulation, or judicial decision, not applied or improperly applied by the Hearing Officer.
(4) All exceptions shall include a statement of the following:
(a) the obligor's income available for support as claimed by the party filing the exceptions, together with a statement of the record evidence of the obligor's income;
(b) the obligee's income available for support as claimed by the party filing the exceptions, together with a statement of the record evidence of the obligee's income;
(c) the amount of support which should have been ordered.
(5) Exceptions shall contain no discussion of the claims made.
(6) Any party filing exceptions shall immediately submit to the Domestic Relations Department, a motion for argument on the exceptions.
(7) Exceptions which are not in compliance with this rule or which are not briefed as ordered may be deemed to have been waived.
CUSTODY RULES L1915.3
In all cases involving claims for custody, partial custody, or visitation, a conference before the Court Hearing Officer shall be held except where the interest of justice would otherwise require.
The Court Hearing Officer shall have authority to grant continuances.
L1915.3(b). Form of Notice of Conference.
Claims for custody, partial custody, or visitation shall have attached thereto an order of Court referring the claim to the Court Hearing Officer for a conference and a notice to appear in the following form:
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF
PENNSYLVANIA
WARREN COUNTY BRANCH
CIVIL______
Plaintiff
In Custody
vs.
No.______
Defendant
NOTICE AND ORDER TO APPEAR You, ______ , have been sued in Court to (obtain) (modify) custody, partial custody, or visitation of the following children:
__________
__________
__________
You are ordered to appear in person in ______ Room, Warren County Courthouse, Warren, Pennsylvania, before the Court Hearing Officer, Maureen A. Skerda, Esq., on the ____ day of ______ , ____ , at ____ m. for the purpose of a (conference) (hearing) to determine the disputed issues.
You (are) (are not) ordered to bring with you the child(ren)
__________
__________
__________
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.
PA Lawyer Referral
ServicesNorthwestern Legal
ServicesPennsylvania Bar Association Warren, PA 16365
(800) 665-6957100 South Street Harrisburg, PA 17108 (800) 692-7375
AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Forest/Warren County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing.
FOR THE COURT
__________
Court Hearing OfficerRule L1915.3(f) Conference Results.
If the parties are unsuccessful in reaching an agreement following the conference with the Court Hearing Officer, the Court Hearing Officer shall enter an order that the parties:
(a) shall attend and pay the cost of the seminar entitled ''Children in the Middle'' or a comparable program,
(b) shall schedule a hearing before the Court Hearing Officer on all issues of partial custody and visitation and custody if the parties waive their right to have the matter heard by the Court, or
(c) refer the parties to the Court Administrator to establish a hearing before the Court on the issue of custody.
Rule L1915.4-2(f)
In cases in which the parties waive the right to proceed before the Court with a custody matter and in which a hearing is held before the Court Hearing Officer, the Court Hearing Officer shall file a report in the same manner as provided by Pa.R.C.P. 1915.4-2 for cases of partial custody and visitation. The recommended order submitted by the Court Hearing Officer shall become a final order of Court within ten days from the date of entry unless a party files a written demand for a de novo hearing with the Court. A written demand for a de novo hearing in substantially the form hereinafter set forth shall be filed with the Prothonotary, who shall time stamp the demand and forward it to the Court Administrator for a hearing date. A demand for a de novo hearing shall not stay the recommended order entered by the Court unless the Court so directs. The Court Hearing Officer's Report shall be filed within thirty days of the hearing.
IN THE COURT OF COMMON PLEAS OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
FOREST/WARREN COUNTY______
Plaintiff
vs. No.______
Defendant
REQUEST FOR A HEARING AND NOW, this _____ day of ______ , ____ , the Plaintiff/Defendant, ______ , by his/her Attorney ______ , respectfully requests the Court Administrator to list the above case for hearing de novo before the Court for the following reasons: __________
The hearing is de novo and therefore is not limited in scope to the reasons set forth herein.
_________________
Plaintiff/DefendantAttorney for Plaintiff: __________
Attorney for Defendant: __________
Name of Conference Officer: __________
Date of Recommendations: __________
Judge (if any) who has heard previous custody matter(s) __________
Estimated Court time required: __________I certify under penalty of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities, that this Request was mailed on the ____ day of ______ , ____ by first class mail, postage prepaid.
By:
__________
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF
PENNSYLVANIA
WARREN COUNTY BRANCH
CIVIL______
Plaintiff
In Custody
vs.
No.______
Defendant
WAIVER I, the undersigned, having been informed of the right to have this matter heard by a Judge or the Court of Common Pleas, hereby agree:
1. This matter may be heard by the Court Hearing Officer duly appointed by the Court.
2. Stenographic recording is waived.
3. The Court Hearing Officer may make Findings of Fact, Conclusions of Law and a Recommended Order after having heard the testimony of witnesses.
4. The Findings of Fact, Conclusions of Law and Recommended Order shall be binding upon all parties in the event that there are no exceptions filed.
5. If exceptions are filed in this matter within ten (10) days from the Recommended Order, the Court shall schedule a hearing de novo in this matter.
DATE: __________
__________
Signature
Exhibit L1915.4 Rule L1915.4-2(h). Request for De Novo Hearing Withdrawn.
When a party files a timely demand for hearing de novo and later withdraws that request, there shall be no hearing de novo and the order entered by the Court Hearing Officer shall become final at the time the request for de novo hearing is withdrawn.
Rule L1930. Seminar for Separating Parents in Contested Custody Matters.
1. In all divorce and custody proceedings filed on or after February 1, 2000, and in such other cases as the Court shall direct, where the interest of children under the age of eighteen years are involved and the issue of custody and/or visitation remains in dispute and unresolved following a custody conference, the parties shall complete a seminar entitled ''Children in the Middle'' or a comparable program.
2. The Court Hearing Officer in conjunction with the provider shall establish the dates the parties shall attend the seminar and shall provide a recommended order to the Court for signature.
3. Both parties shall attend the seminar prior to the date of the custody hearing.
4. Any requests for an extension of time within which to complete the seminar shall be made to the Court Hearing Officer.
5. The fee for the seminar shall be determined by the provider and must be paid prior to attendance. Any request for waiver or reduction of the fee shall be filed with the Court Hearing Officer and shall be accompanied by a verified affidavit of indigency or other proof of economic hardship in accordance with Pa.R.C.P. No. 240, at least five days prior to the scheduled seminar.
6. The requirements to attend the seminar may be waived if:
(a) the Court, on motion, determines that participation is not necessary or,
(b) the parties select and participate in a comparable parenting education program.
7. No hearing or trial shall be delayed or court action withheld because of the failure of one party to attend the seminar.
8. Failure to comply with this rule may result in the dismissal of the action, striking of pleadings, or other appropriate remedy including sanction for contempt and attorney fees.
9. Should a party fail to attend the seminar, the Court may sua sponte bring a contempt action against a non-complying party. A party who has complied with the rules shall not be required to either bring the contempt action or appear at any contempt proceedings.
10. Copies of this rule and program description shall be available in the office of the Prothonotary, the Court Hearing Officer's office, and the office of the Court Administrator.
DIVORCE Rule L1920.33. Divorce Pre-trial Statements.
Any party failing to comply with Pa.R.C.P. 1920.33 is guilty of dilatory conduct and subject to sanction by awarding court costs and attorney fees.
Upon finding that a party has failed to comply with the requirements of Pa.R.C.P. 1920.33 concerning the filing of an inventory and the filing of a pre-trial statement, the Court Hearing Officer may continue the hearing and recommend to the Court an order of sanctions.
Rule L1920.51. Appointment of Court Hearing Officer, Notice of Hearing, Prehearing, and Continuances.
Rule L1920.51A. Appointment of Court Hearing Officer.
1. The Court may appoint by separate order the Court Hearing Officer who shall not engage in any private domestic relations matters and who shall serve at the pleasure of the Court.
2. The Court may appoint other attorneys to serve as Court Hearing Officers in cases where it is not reasonable to appoint the permanent Court Hearing Officer. In such cases the Court shall attempt to appoint as Court Hearing Officers in complex or potentially protracted litigation attorneys who have at least five years experience as practicing members of the Bar of this Court with emphasis or expertise in divorce and related matters.
3. All matters which may by statute or rule be referred to the Court Hearing Officer shall be heard by a Court Hearing Officer in the absence of a Court Order to the contrary.
4. The Court Hearing Officer shall have authority to grant continuances.
5. All actions for divorce or annulment, and all claims for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs, expenses or any aspect thereof, shall be heard by the Court Hearing Officer in the absence of court order to the contrary.
6. A motion for appointment of a Court Hearing Officer shall be in the form prescribed by Form L1920.74 and shall be accompanied by a certificate of the moving party that the moving party has complied with the filing requirements of Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46 unless the moving party certifies that one of those rules is inapplicable. Motions for appointment of a Court Hearing Officer shall be filed in accordance with the Local Rule L206. A Court Hearing Officer shall not be appointed until the moving party has, and may not be appointed where the nonmoving party has not, complied with Pa.R.C.P. 1920.31(a)(1), 1920.33(a) and 1920.46, if applicable, unless the Court has made an order pursuant to Pa.R.C.P. 4019. A copy of the motion shall be filed with the permanent Court Hearing Officer.
Rule L1920.51B. Fees and Costs.
1. Fees and costs shall be paid to the Prothonotary at the times indicated:
a. A refundable deposit of $250 shall be paid by the moving party at the time a motion for the appointment of the Court Hearing Officer is filed.
b. The fees set forth in this rule shall be regarded as costs of the case and the Court Hearing Officer may recommend and/or the Court may order each party to pay his/her own costs or may order that the costs be divided equitably and paid by each party as may appear just and reasonable.
c. No motion for the appointment of the Court Hearing Officer shall be filed until all of the fees in this rule have been paid to the Prothonotary.
In the motion the moving party must certify to the Court that these fees have been paid in full and the Prothonotary shall certify in writing on the face of the motion that the fees have been paid.
d. When the fees deposited with the Prothonotary are deemed insufficient to provide for the total services of the stenographer, the Court Hearing Officer may move the court to order additional deposits or the parties may agree to additional deposits. The Court Hearing Officer shall not be required to conduct additional hearings or proceed further in any respect until the payment of the additional deposits as may be ordered or agreed upon have been made to the Prothonotary.
2. Deposits in cases where someone other than the permanent Court Hearing Officer has been appointed shall be as set out in any appointing or other order and shall be held by the Prothonotary to be paid over as the Court may order to the Court Hearing Officer as a fee or returned to the parties, or otherwise. In such a case the specially appointed Court Hearing Officer shall file a petition or petitions for the payment of the Court Hearing Officer's fees detailing the time and services spent and rendered, and expenses incurred, all in compliance with local motions practice. The special Court Hearing Officer shall receive compensation as set by Court Order. The Prothonotary may pay the special Court Hearing Officer upon receipt of a bill approved by the parties or their attorneys without the necessity of a Court Order. Special Court Hearing Officers are not required to proceed until the court ordered deposit is paid in full.
3. Whenever a stenographic transcript is required, the Pennsylvania Rules of Judicial Administration shall apply. The Prothonotary shall pay the reporter upon receipt of a bill approved by the Court Hearing Officer or the Court.
Rule L1920.53D. Hearing Transcripts.
The Court Hearing Officer shall engage the services of a stenographer. The testimony shall be transcribed unless:
1) The parties waive transcription and the Court Hearing Officer concurs.
2) If a transcript is ordered by a party that party shall arrange to pay for the transcript in accordance with the Rules of Judicial Administration and the cost of the transcript may be allocated to one or both of the parties by a court order.
Form L1920.74
IN THE COURT OF COMMON PLEAS
OF THE 37TH JUDICIAL DISTRICT OF PENNSYLVANIA
CIVIL ACTION-LAW______
Plaintiff
vs. A. D. ____ of __________
Defendant______ , Esq., for Plaintiff
______ , Esq., for Defendant
(of record or consulted)
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