THE COURTS
Title 252--ALLEGHENY COURT RULES
ALLEGHENY COUNTY
Rules of the Court of Common Pleas; No. 4 of 2001 Rules Docket
[31 Pa.B. 630]
Order of Court And Now, to-wit, this 18th day of January, 2001, pursuant to action of the Board of Judges, and effective thirty days after publication in the Pennsylvania Bulletin, the following Allegheny County Rules of the Family Division are hereby amended;
Rule 1910.6 Service. Proof of Service.
Rule 1910.7 No Pleading by Defendant Required. Question of Jurisdiction or Venue or Statute of Limitations in Paternity.
Rule 1910.12 Office Conference. Hearing. Record. Exceptions. Order.
Rule 1910.15 Paternity.
Rule [1910.21-3] 1910.25-2 Civil Contempt: Office Conference. Agreement. Alternative Procedures Upon Failure to Agree.
Rule [1910.23-1] 1910.24 Judgement for Arrearages. Execution.
Rule 1915.1(a)1 Scope.
Rule 1915.1(b) Definitions.
Rule 1915.3(c) Commencement of Action. Complaint/Waiver. Fees. Refunds.
Rule 1915.3(d) Confirmation of Custody.
Rule 1915.3(e) Grandparents. Third Parties.
Rule 1915.4(a) Service. Rescheduling.
Rule 1915.4-3 Orientation. Mediation. Confidentiality. Mediator. Qualifications. Conciliation. Psychological Evaluation and Home Study.
Rule 1915.14(a) Noncompliance. Contampt. Arrest.
Rule 1920.12 Complaint. Contents and Filing.
Rule 1920.33 Joinder of Related Claims. Distribution of Property. Resolution of Claims for Equitable Distribution of Marital Property and Alimony.
Rule 1920.42 Affidavit of Decree Under Section 3301(c) or 3301(d) of the Divorce Code. Obtaining Decrees.
Rule 1920.46 Representation of Defendant in Military Service.
Rule 1920.51 Hearing by the Court. Appointment of Master. Notice of Hearing. Contested and Uncontested Divorce Claims Under §§ 3301(a) and 3301(b) of the Divorce Code.
Rule 1920.55 Master's Report. Notice. Exceptions. Final Decree.
Rule 1920.62 Proceedings by Indigent Parties.
Rule 1920.71 Form of Notice.
Rule 1920.73 Date of Service.
Rule 1930 Domestic Relations Matters Generally.
By the Court
ROBERT A. KELLY,
President Judge
Revisions to the Local Rules of the Family Division of the Court of Common Pleas of Allegheny County The following are revisions to the local rules of the Family Division. Additions are underlined and deletions are [bracketed]. Existing rules which do not appear here remain unchanged.
Rule 1910.6 Service. Proof of Service. Rescinded.
[(a)(2)(I) Service shall be deemed complete when the registered mail addressed to the defendant at his or her current residence is returned unclaimed and the ordinary mail addressed to the defendant at his or her current residence has not been returned.]
Rule 1910.7 No Pleading by Defendant Required. Question of Jurisdiction or Venue or Statute of Limitations in Paternity.
(b)[*](1) If preliminary objections challenging venue or jurisdiction in a support matter are filed, the proceedings shall be [stayed and] listed for argument in conformity with Local Rule 1930(b). The filing of preliminary objections shall not automatically stay the support proceedings. A party or counsel may present a motion requesting a stay pending decision on the preliminary objections.
Rule 1910.12 Office Conference. Hearing. Record. Exceptions. Order.
(b)(1)[*](a) ***
(c)[*](3) ***
(e)[*](1) ***
[*](h)(1) Any party filing exceptions shall serve them upon all other parties and file the original and one [a] copy with the Exceptions Clerk [in Room 616, City-County Building] by the end of the next business day following the filing of the exceptions with the Prothonotary.
* * * * * [*](i) Exceptions shall be placed on the next available ''Support Argument List'' occurring more than 13 days after the transcript of testimony and exceptant's brief are filed with the Exceptions Clerk [in Room 616, City-County Building]. The court shall serve notice on all parties of the date and place of the argument. If the respondent files a brief, it shall be filed at least seven calendar days prior to argument, with the [Hearing Officer's Secretary] Exceptions Clerk [in Room 616, City-County Building].
[*](j) ***
[*](k) ***
[*](l) ***
Rule 1910.15. Paternity. Rescinded.
[(b)*(1) Before terminating the conference, the domestic relations counselor may obtain an order of court directing the parties to submit to blood testing.]
Note: Procedure for obtaining genetic testing is set forth in Pa.R,C,P, 1910.15.
Rule [1910.21-3] 1910.25-2 Civil Contempt; Office Conference. Agreement. Alternative Procedures Upon Failure to Agree.
[*](e) In all cases of civil contempt for failure to comply with an order of support, if no agreement is reached at the domestic relations office conference, further proceedings shall be conducted pursuant to the alternative hearing procedures of Pa.R.C.P. [No. 1910.21-5] 1910.25-4
Rule [1910.23-1] 1910.24. Judgment for Arrearages. Execution.
(a)[*](1) Any party at any time may obtain [from Suite 200, Allegheny Building, 429 Forbes Avenue, Pittsburgh, PA 15219,] a statement of arrears according to the records of [the Collection and Disbursement Division] Family Division, as provided in the Family Division Court Manual.
Rule 1915.1(a)1 Scope.
This rule shall be applicable to all actions for custody, partial custody and visitation whether filed as an independent cause of action or as a count in a related proceeding.
i. All individuals with standing to pursue an action for custody, partial custody or visitation with children from birth to age 17 shall complete the custody education program for adults [(''Lighthouse'')].
ii. All children ages 6 to [17] 15 who are in the care of a party[(ies)] or parties shall participate in an interactive group program for children [(''Sandcastles'')].
iii. Parties also shall participate [fully] in the mediation orientation program [(''Generations'') operated by Family Division]. Additionally, step-parents, step-children, grandparents and [the like] others closely involved with the custody of the children may also participate in [Lighthouse or Sandcastles] the education programs, upon consent of all parties.
Rule 1915.1(b) Definitions.
i. ''Generations'' means the education programs for adults and children, the [orientation] mediation orientation program operated [established] by the Allegheny County Family Division pursuant to 23 Pa.C.S. § 3901-3904. [This] The ''Generations Center'' is located at Suite 400, 4th Floor, Allegheny Building, Pittsburgh, Pennsylvania, 15219, telephone (412) 350-4311, and [which] serves as the Family Division Administrative Office for the Generations Program.
ii. [''Lighthouse''] ''Generations education'' means the custody education program for adults pursuing claims for custody and the interactive education program for children ages 6 to 15.
iii. [''Sandcastles'' means the interactive educational program for children 6 to 17, run in conjunction with the Lighthouses program for adults.] ''Generations Mediation Orientation'' means the custody mediation program for adult pursuing claims for custody.
[iv. ''Family Services'' means the organization which provides the educational components for Lighthouse and Sandcastles and is located at 921 Penn Avenue Plaza, 4th Floor, Pittsburgh, PA 15222, telephone (412) 261-3623 extension 48 or 32, which serves as the administrative office for Lighthouse and Sandcastles.]
Rule 1915.3(c) Commencement of Action.[/] Complaint/Waiver.[/]Fees.[/]Refunds.
i. Prior to the filing of any divorce complaint containing a count for custody or any complaint for custody, shared custody, partial custody or visitation, or any other court papers seeking to initiate or reinstate any proceeding to compel, modify, terminate or otherwise affect[,] contact between children and parties, the moving party shall deliver the original of the court paper initiating the custody action to the Generations Center. The Center shall immediately provide the moving party with an order of court (''Scheduling Order'') setting forth the dates and times when the adults and children shall attend [Lighthouses, Sandcastles] the education programs and [Generations] Meditation[/]Orientation [(the ''Programs'')], a Domestic Violence Waiver form, and program descriptions. The Scheduling Order shall also specify the location for the adult and children's educational programs[, Lighthouse and Sandcastles]. The mediation orientation [program, Generations,] shall always take place in the ''Center''. This Scheduling Order is then attached to the original complaint or petition for filing.
ii. Any custody matter in which there has been no activity, as reflected by the docket, for 120 days shall be deemed a new action for purposes of this rule.
iii. Parties to an action to modify or enforce a final order of court for custody, partial custody or visitation, as well as parties to an action deemed to be new, must complete the Generations program, if they not already done so, before they will be permitted to praecipe for any proceeding before the court .
iv. Notwithstanding the parties previous completion of the Generations program, all parties to actions referenced in iii. of this local rule shall be required to participate in another mediation orientation, as provided by these rules, before they will be permitted to praecipe for any proceeding before the court.
[ii.] v. ***
[iii.] vi. ***
[iv.] vii. No party shall be compelled to attend any portion of these Programs with the opposing party, or to [attend Generations at all] participate in the mediation orientation, in cases where either party, or a child of either party, is or has been the subject of domestic violence or child abuse allegedly perpetrated by the opposing party at any time within the past 24 months. In such cases, appropriate arrangements for separate sessions for [Lighthouses or Sandcastles] the education programs should be made with the Center. [These arrangements must be made by calling Family Services.] The Center shall also be notified personally or by mail through the use of a [supplied] domestic violence waiver form that the victim of abuse elects not to attend the mediation orientation session. The opposing party shall have the opportunity to contest cancellation of the mediation orientation through Motions Court. If mediation does not occur, the case will be set down promptly for a custody/partial custody conciliation before a Domestic Relations Officer.
[v.] viii. All other requests to waive attendance at any portion of the Programs will require an order of court which may be sought through Motions Court.[, but which] Waivers will be granted only in exigent circumstances. The moving party shall be responsible for filing any order entered in response to such request, and for service upon the [appropriate Programs] the Generations Center and the opposing party.
[vi.] ix. All moving parties who are required to participate in the [Lighthouse, Sandcastles or Generations] education and mediation orientation [Program] shall pay all fees required for those Programs.
[vii.] x. The moving party shall pay all of his or her fees for the [Lighthouse, Sandcastles and Generations] education and mediation orientation programs prior to receiving a Scheduling Order.
[viii.] xi. ***
[ix.] xii. The fee for [Lighthouse] adult education is $40 for each party. The fee for [Sandcastles] children's education is $30 for each child. Each party shall pay one-half of each child's total fee. The fees for [Lighthouses and Sandcastles shall be payable to Family Services of Western Pennsylvania by cashiers' check, money order or credit card, which may be provided by telephone. No cash or personal checks will be accepted. The moving party may, but is not required, to use Visa to pay for Lighthouse and/or Sandcastles. To do so, they shall call Family Services prior to obtaining a Scheduling Order to arrange for such payment and request that Family Services notify the Generations Center of payment by credit card.] education shall be payable to the Allegheny County Treasurer by certified check or money order. No cash or personal checks will be accepted.
[x.] xiii. The fee for [Generations] mediation orientation shall be $100 for each party. The fee for [Generations] mediation orientation shall be made payable to the Allegheny County Treasurer [named in the Scheduling Order] by cashiers' check or money order[, delivered to the Center]. No cash or personal checks will be accepted.
[xi.] xiv. Under exigent circumstances, the court will consider waiver, [or] reduction or assessment of fees to the other party for those unable to pay. Any such request must be presented through Motions Court and must be accompanied by a verified affidavit of indigence or other proof of economic hardship in accordance with Pa.R.C.P. 240 and 1920.62.
* * * * * [xii.] xv. ***
[xiii.] xvi. In accordance with the Generations Program Description and Instruction Package, which are available at the Generations Center, fees for the education/mediation program are non-refundable with the following exceptions:
1. The parties are excused from participation in mediation orientation because a Domestic Violence Waiver[s] has been filed by either or both parties.
2. A signed [Signed] Custody Consent Order of Court [with seven days notice] is filed and served on the Generations Center seven days before the scheduled education program or the scheduled mediation orientation.
3. Petitioner['s withdrawal of pleadings with seven days notice] withdraws the pleadings seven days prior to the scheduled education or mediation orientation.
4. Respondent's fees are refunded when Petitioner fails to appear for education and /or mediation.
Rule 1915.3(d) Confirmation of Custody
i. ***
ii. ***
(a) A Complaint for Custody must be prepared properly in accordance with Pa.R.C.P. 1915.3 and 1915.15[, and a true and correct copy must be attached to the Petition for Confirmation of Custody as an exhibit]. All of the information required by Rule 1915.15 must be provided. Additionally, a copy of the most recent custody order relating to the child or children must be attached, if any exists.
(b) All parties must be served in accordance with Pa.R.C.P. 1930.4 with movant's Complaint for Confirmation of Custody together with the exhibits. The complaint is deemed filed when notice of its presentation is given.
(c) ***
(d) ***
(e) ***
Rule 1915.3(e). Grandparents[/]. Third Parties.
i. ***
ii. The partial custody claims of grandparents or other third party shall not be scheduled for [Lighthouse/Generations] education, mediation or for a conference/hearing without [obtaining] an Order from a Family Division judge through regular or pro se motions.
* * * * * Rule 1915.4(a) Service[/]. Rescheduling.
i. ***
ii. ***
iii. ***
iv. ***
v. Any party [desiring] seeking to reschedule [Lighthouse or Sandcastles] the education sessions must [shall] contact [Family Services' office at (412) 261-3623 ext. 48 or 32] the Center at 412-350-4311 to determine [several] available dates [and times].
vi. ***
Rule 1915.4-3 Orientation.[--]Mediation[/]. Confidentiality[/]. Mediator. Qualifications[/]. Conciliation[/]. Psychological Evaluation and Home Study.
i. Mediators shall have a college degree and either an advanced degree or equivalent experience. Additionally, all mediators without exception shall take a basic 40 hour domestic mediation training seminar conducted by trainers who have been approved by the American Academy of Family Mediators and a basic domestic violence training seminar which has been approved by the American Academy of Family Mediators. All mediators shall carry liability insurance. Mediators shall adhere to the standards of practice adopted by the American Academy of Family Mediators and the American Bar Association.
a) ***
b) ***
ii. ***
iii. ***
iv. ***
v. ***
vi. ***
vii. ***
viii. ***
ix. Custody cases which are not resolved by the DROs may be referred by the DRO for psychological evaluations [and home study]. After the evaluation[s are] is completed, the parties may praecipe for conciliation before a judge.
x. ***
xi. Parties who have never been through the [Lighthouse and Generations] Programs and wish to proceed directly to a conciliation must obtain an order permitting them to do so from the judge in either regular or pro se motions.
xii. ***
xiii. ***
xiv. ***
Rule 1915.14(a) Noncompliance[/]. Contempt[/]. Arrest.
i. If the moving party fails to pay fees as specified, fails to appear for [Lighthouse or Generations] education and/or mediation orientation or fails to insure that any child within their physical custody appears for [Sandcastles] education, the custody action shall be dismissed without prejudice, and any fees paid by [such] the moving party shall be forfeited.
ii. [Should] If the non-moving party fail to pay fees as specified, fail to appear for [Lighthouse or Generations] education and/or mediation orientation or fail to insure that any child within their physical custody appears for [Sandcastles] education, an immediate rule to show cause why [such] the non-moving party should be not held in contempt shall issue from this court. Such rule will be returnable on a date certain within 14 days.
* * * * * Rule 1920.12 Complaint. Contents and Filing.
[Local Rules Governing Contents and Filing of the Complaint.]
[*I.] (a) The Complaint
[(A)] (1) ***
[(B)] (2) ***
[(C)] (3) *** These sheets may be obtained from [Room 621 of the City-County Building] the Intake Office or the Screening Window in Family Division.
[*II.] (b) Filing the Complaint
[(A)] (1) ***
[(B)] (2) ***
[(C)] (3) If the divorce proceeding includes a claim for support, alimony pendente lite or counsel fees, any party seeking a conference/hearing on said claim shall file a praecipe [in Room 603 of the City-County Building] at the screening window in Family Division requesting that a conference/hearing date be scheduled and further stating that there is not existing order of support and/or alimony pendente lite providing for the support of a spouse. The party seeking the conference/hearing shall provide a copy of the pleading raising the claim for support, alimony pendente lite or counsel fees and the Family Division Support/Alimony Pendente Lite/Alimony Information Sheet to the clerk [in Room 603] at the screening window at the time the praecipe for conference/hearing is filed.
* * * * * Rule 1920.33 Joinder of Related Claims[;]. Distribution of Property. Resolution of Claims for Equitable Distribution of Marital Property and Alimony.
[Local Rules for the Resolution of Claims for Equitable Distribution of Marital Property and Alimony]
[*I.] (a) Scheduling conciliations for Contested Claims Raised Under §§
[(A)] (1) ***
[(B)] (2) ***
[(C)] (3) ***
[(D)] (4) ***
[(E)] (5) ***
[*II.] (b) Action to be Taken Where A Party Fails to Comply With Rules 1920.31(a) or 1920.33(a)
[(A)] (1) ***
[(1)] (i) ***
[(a)] a. ***
[(2)] (ii) The praecipe shall be filed in [Room 621 of the City-County Building] the Administrative Office of Family Division.
[*III.] (c) Scheduling Hearings for Uncontested Claims Raised Under Sections 3501 and 3701 of the Divorce Code
[(A)] (1) ***
[(B)] (2) A hearing is scheduled by filing a praecipe with the Family Division Docket Clerk [in Room 611 of the City-County Building]. ***
[(C)] (3) ***
[(D)] (4) ***
[(E)] (5) ***
[(F)] (6) ***
Rule 1920.42. Affidavit and Decree Under Section 3301( c) or 3301 (d) of the Divorce Code. Obtaining Decrees.
[Local Rule for Obtaining Decrees for Divorce Claims Under Section 3301( c) or 3301(d) of the Divorce Code]
(a) [*3(A)] If a complaint.
* * * * * (b) ***
(c) [*(3)] In all cases the moving.
* * * * * (d) ***
Rule 1920.46. Representation of Defendant in Military Service.
[*](c) ***
Rule 1920.51. Hearing by the Court. Appointment of Master. Notice of Hearing. Contested and Uncontested Divorce Claims Under §§ 3301(a) and 3301(b) of the Divorce Code
[Local Rule Regarding Contested and Uncontested Divorce Claims Under Sections 3301(a) and 3301(b) of the Divorce Code]
[*](f) (1) All contested actions for divorce or annulment shall be first conciliated by the court. A conciliation date may be obtained from the Family Division Docket Clerk [in Room 611 of the City-County Building]. ***
(2) ***
(3) ***
(4) ***
(5) ***
(6) *** The exceptant shall, on the date of filing of the exceptions, give a copy of the exceptions to the Docket Clerk [in Room 611 of the City-County Building] in order to obtain an argument date.
(7) ***
(8) ***
[*](g). Uncontested Actions Under §§ 3301(a) and (b) of the Code.
(1) ***
(2) The praecipe of hearing shall be in the following form:
Praecipe of Hearing Date
(Caption) 1. Kindly list the above captioned action for hearing.
2. Defendant was served under Rule 1930.4 [412 or 403]. Serve notice of hearing upon Defendant by ordinary mail addressed as follows: (address)
or
2. Defendant was served under Rule 430. Service notice of hearing upon Defendant by registered mail at defendant's last known address: (address)
with a copy by ordinary mail to each of the following:
(list names and addresses of persons named in the investigation affidavit under Rule 430 as likely to know the present whereabouts of the defendant).
or
2. An appearance has been entered for Defendant. Serve notice of hearing upon Defendant's attorney of record.
Attorney for Plaintiff
(3) ***
(4) ***
(5) ***
(6) ***
(7) ***
(8) ***
(9) *** Also the exceptant shall provide a copy of the exceptions to the Docket Clerk [docket clerk in Room 611 of the City-County Building] in order to obtain an argument date.
Rule 1920.55. Master's Report. Notice. Exceptions. Final Decree.
[Local Rule Governing Exceptions]
(c) [*1.] (1) ***
[*2.] (2) ***
Rule 1920.62. Proceedings by Indigent Parties.
[*1.] (a) ***
[*2.] (b) ***
[*3.] (c) ***
[*4.] (d) ***
Rule 1920.71 Form of Notice. Rescinded.
Note: The form of Notice of Intention to Request Decree is prescribed in Pa.R.C.P. 1920.73(a).
Rule 1920.73. Date of Service. Rescinded.
Note: Pa.R.C.P. 1920.73(b) prescribes the form of the Praecipe to Transmit Record, which includes the affidavit of service of the Notice of Intention to Request Decree formerly required by this local rule.
Rule 1930 Domestic Relations Matters Generally.
[*] (a) Family Division Motions
[1.] (1) Family Division motions may be presented to the motions judge at 1:30 p.m. on each court day, unless notice that motions will not be heard, or that motions will be heard at a different time, is published in the Pittsburgh Legal Journal.
[2.] (2) ***
[3.] (3) ***
[4.] (4) ***
[5.] (5) Any motion which involves support payments that are assigned to the Pennsylvania Department of Public Welfare or in which the plaintiff is not represented by private counsel shall [include Notice of Presentation to counsel for the Department of Public Welfare, 1403 State Office Bldg., 300 Liberty Ave., Pittsburgh, PA 15222] be served on the IV-D Attorney, Fort Pitt Commons Building, Third Floor, 445 Fort Pitt Boulevard, Pittsburgh, PA 15219 as well as on the plaintiff.
[6.] (6) Any motion which involves [a matter under RURESA] support payments or any other matter which is governed by the Uniform Interstate Family Support Act (UIFSA) or the Intrastate Family Support Act (IFSA) and in which the plaintiff is not represented by private counsel shall be served [include Notice of Presentation] on the IV-D Attorney, Fort Pitt Commons Building, Third Floor, 445 Fort Pitt Boulevard, Pittsburgh, PA 15219 as well as on the plaintiff.
[*] (b) Procedure for Preliminary Objections and Motions for Judgment on the Pleadings or Summary Judgment
[1. Preliminary Objections] (1) Preliminary Objections shall be scheduled on the next available Friday Support Exception Argument List occurring more than 13 days after the Preliminary Objections are filed with the Prothonotary and the [Hearing Officer's secretary in Room 616, City-County Building] Exceptions Clerk. Objector shall serve notice on all parties of the time and place of argument. No preliminary objections shall be accepted for filing by the [Hearing Officer's secretary] Exceptions Clerk unless accompanied by a brief. Failure to file a brief with the Preliminary Objections shall be cause for dismissal of the Preliminary Objections. If Respondent files a brief it shall be filed with the [Hearing Officer's Secretary] Exceptions Clerk at least seven days prior to argument. Except as provided by Local Rule 1910.7, [The] the scheduling of Preliminary Objections shall stay all proceedings.
Note: Local Rule 1910.7 relates to support proceedings. Divorce and custody proceedings are stayed upon scheduling of preliminary objections.
[2. Motions for Judgment on the Pleading or Summary Judgment] (2) Motions for Judgment on the Pleading on the Pleading....
[*] (c) Scheduling Conciliations: Matters that are tried by a judge will not be listed for trial until they have been conciliated by a judge.
The following matters may be scheduled for a conciliation by filing a praecipe with the Docket Clerk [docket clerk in Room 611 of the City-County Building]: conciliation on § 3301(d) divorce claims; custody claims with order of court attached, see Pa.R.C.P. 1915(a) and (c); partition and equity claims and equitable distribution and alimony claims (provided that both parties have filed an inventory, appraisement, income and expense statement and that either (a) the parties are divorced, (b) both parties have filed an affidavit under [Section] § 3301(c) of the Divorce Code or (c) both parties agree that they have lived separate and apart for at least two years and that the marriage is irretrievably broken). [Form 1930*C1 is to accompany the praecipe for equitable distribution conciliation. In all cases where a party requests a conciliation on a claim for custody the party or counsel must sign a certification that a genuine issue involving physical custody for more than 50 percent of the time is involved. (Form 1930*C2) All parties involved in custody proceedings are directed by the court to view a film on custody prior to the first scheduled conference or hearing].
Note: A detailed description of the procedures, as well as the necessary forms, can be found in the Family Division Court Manual, see (g) of this Rule.
For other matters, a party may present a petition to the motions judge which contains the factual background, the relief sought, and a request for conciliation.
[*] (d) Continuances . Rescinded.
[Effective April 29, 1991, in accordance with the Prothonotary Fee Bill, no Order of Court continuing a conference hearing in the Adult Section of the Family Division, at the request of an attorney or party, will be accepted by the Prothonotary for docketing and filing without payment of the required $15 fee.]
[1. Continuances of Conciliation, Arguments or Hearings before a Judge, Hearing Officer or Domestic Relations Officer.]
[No conciliation, argument or hearing before a judge, hearing officer or domestic relations officer will be continued without an order of court. Notice of presentation of the request must be given to the opposing party, including an opposing party who is not represented by counsel in conformity with Local Rule 1930*(a).]
[A scheduled DRO conference or hearing before a Hearing Officer may be ''continued generally'' by order of court or a stipulation signed by both parties or their counsel (Court Manual, Form 14). Any matter which is continued generally will not be relisted without a court order signed by the motions judge.]
[A copy of any court order or stipulation continuing a Family Division matter must be immediately given to the Family Division Docket Clerk in Room 611, City-County Building to prevent dismissal of the scheduled action.]
[Whenever a new date is obtained through a court order, counsel for the party obtaining the court order is responsible for notifying all parties of the time and date of the rescheduled conference or hearing. In a RURESA case, the County Solicitor's Office must be given notice at Fort Pitt Commons, 3rd Floor, 445 Fort Pitt Blvd., Pittsburgh, PA 15219.]
[A party unrepresented by counsel may obtain a continuance of a DRO conference and hearing before a Hearing Officer in the manner outlined above.]
[In addition, an unrepresented party seeking to continue or reschedule a DRO conference or hearing before a Hearing Officer may report to Room 603 of the City-County Building to meet with a screening DRO. The unrepresented party shall present information explaining why the conference or hearing should be continued. IN the event that the screening DRO determines that a continuance is necessary, the DRO will obtain a court order continuing and /or rescheduling the conference or hearing. ONLY NON-WELFARE CASES CAN BE CONTINUED AS EXPLAINED ABOVE. Any request by an unrepresented party must be made at least five days prior to the date set for the hearing so that the other side may receive sufficient notice of the continuance.]
Note: Procedure of obtaining a continuance in Family Division matters is set forth in detail in the Family Division Court Manual.
[*] (e) ***
[*] (f) [Use of] Case Numbers [in the Adult Section of the Family Division]. Suffixes.
(1) All pleadings filed with the Adult Section of the Family Division shall be filed under the originally assigned case number for the involved family. After an original case number has been assigned to all pleadings, regardless of the caption or nature of the case, all pleadings shall be filed under the originally assigned number. The caption shall reflect the appropriate party initiating each original action as the plaintiff [ , regardless of the previous filings each caption shall remain the same during the pendency of each action].
(2) If counsel or a party believes that there may be a previously assigned case number, but the number is not known, the information may be obtained from the Prothonotary's Office [in the City-County Building].
(3) In addition to the docket number assigned to all matters involving the family, the Prothonotary shall assign a three digit suffix designating the judge to whom the case is assigned. All pleadings must include the suffix as well as the docket number.
(4) All motions, exceptions, conciliations, hearings and other matters shall be listed only before the judge to whom the case is assigned, absent a compelling emergency or the long term unavailability of the designated judge.
(5) Cases in which the initial pleading was filed before May 1, 1997, may be amended to add the suffix of the judge most familiar with the case.
(6) In the event that a defendant in a support matter has more than one case, the captions of all of the cases shall be amended to assign them to the judge assigned to the case filed first in time. If there is not judge assigned to the case filed first in time, the cases will be assigned to the next judge in the rotation for assigning suffixes.
[*] (g) Family Division Court Manual
Except as otherwise provided by the Pennsylvania Rules of Civil Procedures (Pa.R.C.P.) or by [general] local rule adopted by the Court of Common Pleas of Allegheny County (Local Rules), practice in the Adult Section of the Family Division shall be governed by the Court Manual for the Adult Section of Family Division of the Court of Common Pleas of Allegheny County. Current copies of the Court Manual shall be available at the office of the Administrator, Adult Section of Family Division.
Local Rule 1930.1 Electronic Filing in Family Division Matters
(a) Except as otherwise provided by subsection (b) of this rule, parties may file legal papers, including original process, with the Prothonotary by means of electronic filing in any Family Division matter or proceeding brought in this court. In general, any legal paper which can be filed in hard copy directly with the Prothonotary, and without first processing through Family Division, may be filed electronically.
Note: A ''legal paper'' as used in this rule means a pleading or other paper filed in any Family Division action.
(b) The following legal papers, must be filed in accordance with established procedure for filing hard copy documents and may not be filed with the Prothonotary by means of electronic filing:
(1) Legal papers relating to Protection From Abuse matters which must be processed with the PFA Office in Family Division before they can be filed.
(2) Legal papers relating to custody, partial custody or visitation matters which must be processed through the Generations Office before they can be filed.
(3) Legal papers relating to spousal or child support which must be processed through Family Division before they can be filed.
(4) Legal papers relating to divorce which contain or address counts or counterclaims for support, alimony pendente lite, alimony or custody, partial custody and visitation, which must be processed through the offices to which reference is made in (1), (2) or (3) of this subsection.
Note: Divorce pleadings which do not include or address any of the counts enumerated above may be filed electronically, including but not limited to, § 3301(c) or § 3301(d) affidavits of consent, § 3301(c) or § 3301(d) counter-affidavits, waiver of notice of intention to request entry of a decree, notice of intention to request a divorce decree, and praecipe to transmit the record.
(5) Any and all legal papers which must be presented to a Family Division judge in motions before filing with the Prothonotary.
(c) The filing party shall maintain the original hard copy of any legal paper that is electronically filed.
(d) The Prothonotary shall provide electronic access at all times. The time and date of the filing and receipt shall be that registered by the Prothonotary's computer system.
(e) The web site address of the Prothonotary is as follows: Prothonotary.County.Allegheny.PA.US.
(f) Access to the web site shall be available to an attorney by use of the attorney's Supreme Court identification number issued by the Court Administrator of Pennsylvania. Access is also available to any user by the user selecting any numbers or letters that the user wishes to use as an identification number.
(g) The Prothonotary shall maintain an electronic and a hard copy file for the legal papers described in the first sentence of section (a).
(h) Procedures for payment of the fees and costs of the Prothonotary shall be set forth on the Prothonotary's web site.
(i) The Prothonotary shall provide a filing status message to the filing party setting forth the date of and time of acceptance of the filing or the fact that the filing has not been accepted. A legal paper is not considered filed if the Prothonotary responds to the filing by notifying the filing party that the filing party has not (I) maintained sufficient funds to pay the fees and costs described in subsection (h), or (ii) authorized payment by credit or debit card of these fees and costs.
Note: A filing party accepts the risk that a document filed by means of electronic filing may not be properly or timely filed with the Prothonotary. See Pa.R.C.P. 205.4(e)(2). One of the risks is that the Prothonotary--either correctly or incorrectly-determines that the filing party has not met its obligation for payment of the necessary fees and costs.
(j) This rule shall be rescinded on December 31, 2001 unless Pa.R.C.P. 205.4(h) is modified or rescinded.
Note: Pa.R.C.P. 205.4(h) provides that this rule shall be rescinded on December 31, 2001.
[Pa.B. Doc. No. 01-169. Filed for public inspection February 2, 2001, 9:00 a.m.]
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