[34 Pa.B. 3884]
[Continued from previous Web Page] Rule 430.3. Service by Publication in Action Requesting Equitable Relief
(a) Service upon a defendant by publication in an action seeking equitable relief shall be made by publishing once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form.
Commonwealth of Pennsylvania
County of Lackawanna
(CASE CAPTION) To __________
(Name of defendant)You are notified that _________________ has
(Name of plaintiff)
commenced an action in equity against you which you are required to defend.
NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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.
(Offices to be listed are set forth in
Lacka. Co. R.C.P. 1018.1)__________
(Attorney for plaintiff)__________
(Address of Attorney for plaintiff)(b) When service is made by publication upon the heirs and assigns of a named former owner or party in interest and said heirs and assigns are unknown, the publication shall be directed to the heirs and assigns generally if within the complaint or by separate affidavit it is stated that the heirs and assigns are unknown.
Rule 430.4. Service by Publication for the Enforcement of Judgments for Payment of Money.
When service by publication may be had under Pa. R.C.P. 3112(c), the plaintiff may cause service to be made by publication once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation in Lackawanna County a notice which shall be in substantially the following form:
Commonwealth of Pennsylvania
County of Lackawanna
(CASE CAPTION) NOTICE IS HEREBY GIVEN TO ______ that on
______ a writ of execution issued against
(date)
real property of ______ held in your name and described as follows:
(In addition to the description, see
Lacka. Co. R.C.P. 3129.1)Said writ issued on judgment No. ______ , 20 ______ .
You are directed to notify ______ that the plaintiff issued an attachment execution against you which ______ is/are required to defend.
Rule 430.5. Service by Publication of Actions Pursuant to 41 P. S. Section 407.
Service upon a defendant by publication of actions commenced in accordance with the requirements of Section 407 of Act No. 6 of 1974, 41 P. S. Section 407, when authorized pursuant to Pa. R.C.P. 430, shall be made by publishing once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County a notice which shall be substantially in the following form:
Commonwealth of Pennsylvania
County of Lackawanna
(CASE CAPTION) To __________
(Name of defendant)You are notified that __________
(Name of plaintiff)
has commenced an action to execute on residential real property pursuant to a judgment entered by confession in the Court of Common Pleas of Lackawanna County, which judgment is entered to docket number _____ 20 ____ .You are required to defend this action, which seeks to obtain possession of real estate which you own or in which you reside, which real estate is located at
__________
(Street Address)__________
(City and State)
and is described as follows:
(In addition to the description, see
Lacka. Co. R.C.P. 3129.1)
NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lost money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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.
(Offices to be listed are set forth in
Lacka. Co. R.C.P. 1018.1)__________
(Attorney for plaintiff)__________
(Address of Attorney for plaintiff)Rule 440. Service of Legal Papers Other Than Original Process.
(a) Service
Unless otherwise provided by statute or by rule of the Supreme Court of Pennsylvania or of this court, a copy of all pleadings, petitions, motions, rules, answers to rules to show cause, notices, or other papers required to be served on another party shall be served in the manner provided by Pa. R.C.P. 440 or 441 or as otherwise directed by order of this court within five (5) days from the filing thereof. If timely service is not effected in accordance with this rule, the legal paper shall be considered void and of no effect. Upon affidavit filed setting forth such failure of timely service, the party upon whom the paper should have been served may proceed as though said legal paper had never been filed.
(b) Certificate of Service
The party serving the paper(s) shall file in the office of the Clerk of Judicial Records a certificate or affidavit of service showing the date, manner of service, and person upon whom service was made. Such certificate or affidavit of service shall be filed immediately upon effecting service, and a copy of same shall be served on all parties.
(c) Service by Publication
Unless otherwise specifically provided by statute, court rule, or order of court, whenever service by publication may be made pursuant to Pa. R.C.P. 430, said service shall be accomplished by publication once in the ''Lackawanna Jurist'' and once in a daily newspaper of general circulation within Lackawanna County. Such publication is to be made in such a manner that the person so served thereby shall have at least five (5) days after publication to answer the legal paper which is served in that fashion.
ACTIONS AT LAW Rule 1018.1. Notice to Defend.
The agencies to be designated on the notice to defend which is required by Pa. R.C.P. 1018.1 to appear in every complaint filed in the Court of Common Pleas of Lackawanna County by a plaintiff or by a defendant against an additional defendant shall be as follows:
Northern Pennsylvania Legal Services
507 Linden Street, Suite 300
Scranton, PA 18503-1631
Telephone (570)342-0184and
Lawyer Referral Service
Lackawanna Bar Association
204 Wyoming Avenue, Suite 205
Scranton, PA 18503-1010
Telephone (570) 969-9600Rule 1019. Contents of Pleadings, General and Specific Averments.
Whenever any right, claim, or defense is asserted to be founded upon a specific statute of this or another jurisdiction or upon an ordinance, governmental regulation, Pennsylvania Rule of Civil Procedure, or rule herein, the first pleading in which such right, claim, or defense is asserted shall cite for the information of the court the statute, ordinance, regulation, or rule so relied upon.
Rule 1021. Claims for Relief-Accounting.
(a) Time for filing Account
When a judgment has been entered directing the defendant to account to the plaintiff, the defendant shall, within thirty (30) days, unless the court shall for cause shown allow a longer time, state the account and file the statement thereof in the office of the Clerk, of Judicial Records, and shall at the same time serve a copy of said account upon all adverse parties to whom the defendant has been ordered to account.
(b) Exceptions
Within thirty (30) days after such notification, any adverse party who has received the accounting, if dissatisfied with the statement of account filed by the defendant, shall file exceptions thereto and move for the appointment of an auditor to hear and report upon the questions of fact and law raised by the exceptions.
(c) Failure to File Account
If the defendant shall for any reason fail to file a statement of account within thirty (30) days or such longer period as the court may fix, the court shall, on motion of an adverse party to whom the defendant has been ordered to account, appoint an auditor to state the account between the parties upon the basis of such evidence as may be submitted to the auditor.
(d) Auditor's Report Exceptions
The auditor shall give two weeks notice in writing to the parties on their attorneys of record of the time and place fixed for the hearing on the matter. When the auditor has prepared his report, notice that it is ready for filing shall be given to the parties or their attorneys. Exceptions thereto must be filed with the auditor within ten (10) days after such notice has been received. If exceptions are filed, the auditor shall, with his report as originally prepared, report supplementally on the exceptions. When the auditor's report has been filed, the court, after hearing argument on the exceptions thereto, will enter such order for judgment as the case may require.
Rule 1021.1. Claim for Relief.
In actions for injury to persons or property where some or all of the damages are not liquidated, the claims for relief in the complaint, in specifying the amounts of damages to which the party deems himself entitled, shall state only that said damages are in excess of, or not in excess of the amount below which cases are required to be presented to arbitration.
Rule 1028. Preliminary Objections.
(c) (1) A party filing preliminary objections shall file the original preliminary objections with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka. Co.R.C.P. 211(b) prior to filing the praecipe for assignment.
(2) The filing of briefs, assignment of preliminary objections, and scheduling of oral argument, if necessary, shall be governed by Lacka. Co. R.C.P. 211(c)--(g).
Rule 1033. Amendments to Pleadings
When an amendment to a pleading is allowed or is made prior to trial, the whole pleading, as amended, shall be executed, verified, and filed, provided that, exhibits attached to prior pleadings need not be recopied into the amended pleadings
Amendments to pleadings allowed at the trial need not be executed, verified, and filed if the amendment is made a part of the trial record.
Rule 1034. Motion for Judgment on the Pleadings.
(a) (1) A party filing a motion for judgment on the pleadings shall file the original motion for judgment on the pleadings with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka. Co.R.C.P. 211(b) prior to filing the praecipe for assignment.
(2) The filing of briefs, assignment of motion for judgment on the pleadings, and scheduling of oral argument, if necessary, shall be governed by Lacka. Co. R.C.P. 211(c)--(g).
Rule 1035.2. Motion for Summary Judgment
(a) (1) A party filing a motion for summary judgment shall file the original motion for summary judgment with the Clerk of Judicial Records and shall deliver a copy of the same to the Court Administrator together with a praecipe for assignment in accordance with Lacka. Co.R.C.P. 211. The party filing a praecipe for assignment shall comply with the requirements of Lacka. Co.R.C.P. 211(b) prior to filing the praecipe for assignment.
Rule 1037. Judgment Upon Default for Repair of Property.
(a) In all actions in which the only damages to be assessed are the cost of repairs theretofore made to property, the plaintiff may seek judgment upon default assessing damages for the cost of repairs by filing, with a praecipe waiving any other damages under such judgment, the affidavits required by subsection (b) of this rule and, by sending to the defendant by registered mail directed to his or her last known address, a copy of the repair bill and the affidavit of the person who performed the repairs required by subsection (b) of this rule, together with a notice setting forth the date of the intended assessment of damages, which date shall be not less than ten (10) days from the date of mailing of the notice. Said notice shall contain a statement that damages will be assessed in the amount of the repair bill unless, prior to the date of intended assessment, the defendant files a written praecipe with the Clerk of Judicial Records requesting trial on the issue of such damages.
(b) Together with the praecipe waiving any damages other than the cost of repairs, the plaintiff shall file an affidavit indicating the date of the mailing to defendant of the notice of the intended assessment of damages and an affidavit of the person who performed the repairs containing an itemized repair bill setting forth the charges for labor and material used in the repair of the property and a statement indicating the qualifications of the person who made or supervised the repairs, that the repairs were necessary, and that the prices for labor and material were fair and reasonable and those customarily charged.
(c) If the defendant fails to file with the Clerk of Judicial Records prior to the date of intended assessment of damages a praecipe requesting a trial on the issue of such damages, the plaintiff on or after the date of intended assessment of damages may file a praecipe directing the Clerk of Judicial Records to enter judgment in plaintiff's favor in the amount of the repair bill, which the Clerk of Judicial Records shall promptly do.
(d) In the event that the defendant does file a praecipe requesting a trial on the issue of such damages, the case shall proceed as any civil action and shall be subject to arbitration if the amount in controversy is an amount requiring arbitration.
Rule 1054. Abstracts of Title.
Abstracts of title shall contain a specification of all facts or equitable matter on which the party relies, a reference to all records, an abstract thereof, and, as to deeds, mortgages, or contracts, shall give their date, the date of acknowledgment, and if recorded, when and where recorded.
Rule 1075. Seizure of Property Before Judgment in Actions in Replevin.
(a) A return of service required by Pa. R.C.P. 1075.1(d) or Pa. R.C.P. 1075.2(c), pertaining to service of motions for writ of seizure and notice of hearings made by one other than the sheriff, shall indicate the manner in which service was made and, if service was accomplished in a manner other than those provided in Pa. R.C.P. 402, the affidavit shall indicate why service could not be made in a manner indicated in that rule.
(b) A petition to vacate a writ of seizure as provided in Pa. R.C.P. 1075.1(g) shall be accompanied by a rule to show cause and shall follow the procedure set our in Lacka. Co. R.C.P. 206.
Rule 1098. Peremptory Judgment in Actions in Mandamus.
(a) A plaintiff in an action in mandamus seeking a peremptory judgment shall do so by motion and in compliance with the notice provision of Lacka. Co. R.C.P. 206.1(c), unless the urgency of the case is such as to require action before notice can reasonably be given.
(b) The court at the time such motion is presented shall determine whether the motion can be acted upon forthwith or whether it requires additional consideration. If additional consideration is required, the court shall schedule presentation of any documentary or testimonial evidence which it desires as soon as practicable and shall thereafter rule on said motion and either grant or deny peremptory judgment.
(c) The pendency of a motion for peremptory judgment in a mandamus action does not excuse or relax the defendant's responsibility to timely file a responsive pleading to the plaintiff's complaint.
Rule 1301. Arbitration.
(a) All civil actions brought in the Court of Common Pleas of Lackawanna County in which the amount in controversy is $30,000.00 or less shall first be submitted to arbitration and heard by a panel of three arbitrators selected from members of the bar of this court in accordance with the provisions of this rule, with the exception of:
(1) cases involving title to real estate; and,
(2) cases which have been consolidated for trial with cases in which the amount in controversy exceeds $30,000.00.
(b) All members of the bar of this court shall constitute the Board of Arbitrators and all members shall act as arbitrators unless excused by the court. Each attorney engaged in active practice in this court shall file with the Court Administrator information indicating whether he or she is practicing alone, is associated with one or more attorneys, or is a member of a firm, and further indicating the length of time he or she has actively engaged in the practice of law. Upon any change in his or her status of practicing or being associated with any other lawyer, he or she shall immediately notify the Court Administrator of such change.
(c) The Court Administrator shall appoint arbitration panels consisting of three attorneys each, taken from the list of eligible attorneys which the Court Administrator shall maintain on the basis of the information provided pursuant to subsection (b) of this rule. Each member of the bar, other than those excused from service, shall serve on only one arbitration panel per year unless the number of panels so chosen is insufficient to conveniently dispose of all of the arbitration cases within the year. In such circumstance, the Court Administrator shall appoint to additional arbitration panels those attorneys who have indicated their availability for such service. No more than one member of a family, firm, or association shall service on an arbitration panel. The members of each arbitration panel shall have a cumulative experience of, at least, ten (10) years, dating from their admission to practice in Pennsylvania.
(e) Each arbitration panel shall sit in session one day during the calendar year and on that day shall hear as many arbitration cases as the Court Administrator has scheduled for that panel. More than one action or controversy may be scheduled for a single arbitration panel if, in the judgment of the Court Administrator, such panel can conveniently dispose of more than one case during its day of arbitration. In the event that a scheduled case cannot be heard, it shall be reassigned to the next available arbitration panel by the Court Administrator.
(f) The Court Administrator shall notify all arbitrators of the day on which they shall serve, which notification shall be made as soon as the arbitration panel is selected. For each arbitration panel, the member with the earliest admission to practice in Pennsylvania shall serve as chairperson. Arbitrators so appointed to a specific panel may be excused or transferred to another panel by the Court Administrator, but only for good cause shown, in which instance the Court Administrator shall designate a successor to that arbitrator as soon as practical.
(g) The arbitration panel shall file its findings and award, if any, as well as any written opinion as in its discretion it may choose to submit, within seven days from the conclusion of the hearing in each case. If a member of the panel dissents from the majority's findings or award, that arbitrator shall so state on the award form and may, in his or her discretion, submit an opinion indicating the reason(s) for such dissent.
(h) Any party may appeal from the findings or award of the arbitration panel to the Court of Common Pleas of Lackawanna County in the same manner as appeals de novo are commenced before the court.
(i) In any instance where all parties in an arbitration case agree to a settlement prior to the taking of any testimony at the arbitration hearing the parties shall sign a stipulation stating the exact form of any desired arbitration award, which stipulation shall be furnished to the Court Administrator or to the arbitration panel.
(j) If a stenographic record of an arbitration hearing is desired by any party, such party shall provide the Court Administrator with a written request for same no later than five (5) days prior to the date fixed for the hearing and shall at the time of the submission of such request pay a fee in the amount set by the court, which fee shall be considered the stenographer's appearance fee. The Court Administrator shall arrange for stenographic service and shall forward the aforesaid appearance fee to the stenographer. All parties requesting a transcript of the record shall compensate the stenographer at the rate prescribed by the court.
(k) Each member of an arbitration panel who actually hears testimony in one or more arbitration cases on the day of the panel's service shall receive a fee in an amount set by the court. Arbitrators may petition the court for additional compensation in protracted or complex arbitration cases. The court in its discretion shall determine the amount of additional compensation, if any, that the arbitrators shall receive.
INJUNCTIONS Rule 1531. Injunctions.
No application for an injunction will be considered by the court unless the factual reasons are set forth specifically and in detail. The pleading of conclusions will not be sufficient. If an application for an injunction is considered, the court will issue an order for a hearing to be scheduled by the Court Administrator pursuant to Pa. R.Civ.P. 1531. Requests for immediate hearings will be granted upon approval of the court if it finds that extraordinary and urgent circumstances exist which require an immediate hearing.
Rule 1531.1. Contempt Proceedings on Injunctions.
Unless the president Judge directs otherwise for reasons of manifest necessity, contempt proceedings on injunction matters shall be heard and decided by the judge whose order is involved.
CLASS ACTION RULES Rule 1703. Commencement of Action; Assignment of Judge.
(a) Upon the proper filing of a class action in the office of the Clerk of Judicial Records, counsel for the plaintiff(s) shall notify the Court Administrator and the President Judge that a class action complaint has been filed and shall forward to the President Judge a copy of said complaint.
(b) Upon notification that a class action complaint has been filed and upon receipt of said complaint, the President Judge shall assign a judge of the Court of Common Pleas of Lackawanna County to preside over the case for all purposes in conformity with Pa. R.C.P. 1703.
Rule 1707. Discovery Pertaining to Class Action Issues.
In any case in which the judge assigned to a class action permits discovery with respect to the class action issues, the order granting such limited discovery shall also indicate the period of time during which discovery with respect to the class action issues shall be permitted. All parties are required to complete such discovery within that time period.
Rule 1710. Determination of Class Action Certification Hearing.
The judge to whom a class action is assigned may request the parties to submit proposed findings of fact and conclusions of law pertaining to the question of whether or not the case should be certified as a class action. In a case in which proposed findings of fact and conclusions of law are requested, the judge shall determine the time when they are to be submitted.
Rule 1712. Order and Notice of Certification as Class Action.
(a) After the entry of an order of certification of a class action, the judge to whom the case has been assigned shall in the usual course conduct a class action notice conference at which all parties shall be represented for the purpose of considering the matters set forth in Pa. R.C.P. 1712.
(b) If at the time of the class action notice conference the court determines that individual notice is to be given, a uniform statement shall be drafted by which each individual who is to receive notice may opt for inclusion or exclusion from the class.
(c) The proposed form of notice required by Pa. R.C.P. 1712(c) must be submitted for approval by the plaintiff to the court and to all named defendants no later than fifteen (15) days prior to the class action notice conference.
Rule 1713. Pre-Trial of Class Actions.
In addition to the normal matters to be considered at pre-trial conferences, as set forth within these rules, a pre-trial conference conducted in a class action case shall consider the matters set forth in Pa. R.C.P. 1713.
ACTIONS FOR SUPPORT Rule 1910.10. Alternative Support Proceedings.
In accordance with Pa. R.C.P. 1910.10, the hearing procedure of Pa. R.C.P. 1910.12 is hereby adopted in this judicial district.
Rule 1910.12. Office Conference. Cost and Fees. Hearing Record. Exceptions Order.
(a) Any party or parties, who do not agree with the recommendation of a domestic relations officer made pursuant to Pa. R.C.P. 1910.11(d), shall be required to pay a permanent hearing officer's or master's hearing fee within ten (10) days of the issuance of the recommendation. Otherwise, a hearing pursuant to Pa. R.C.P. 1910.12(b)(1) will not be scheduled and the recommendation shall be entered as an order of court as where agreement is reached under Pa. R.C.P. 1910.11(d).
(b) If the fee is timely paid pursuant to (a), a permanent hearing officer's or master's hearing shall be scheduled for a date at least three (3) weeks from the date of the notice of hearing.
(c) Any request for a continuance of a permanent hearing officer's or master's hearing must be in writing and received by the domestic relations office at least fourteen (14) days prior to the date of hearing. Any requests for continuance, received within fourteen (14) days of a scheduled hearing for whatever reason, shall be subject to rescheduling fees.
(d) Exceptions to the report and proposed order of the permanent hearing officer or master shall be accepted only if accompanied by a required filing fee. When a final order is entered, it shall be retroactive to the date on which the temporary support order was signed.
(e) If exceptions are filed to the proposed order of support recommended by the master, the said proposed order shall be entered as a temporary support order. The court shall hear arguments on exceptions and enter an appropriate final order.
(f) When exceptions to the report and proposed order of the permanent hearing officer or master are filed, a bill for the hearing transcript shall issue to the excepting party or parties. If payment is not made within fourteen (14) days of the date of billing, the exceptions will be dismissed.
(g) If payment for the transcript is timely received, the entire record, upon receipt of the transcript, shall be provided to the Court Administrator for an argument date.
(h) All fees referred to in this rule shall be in an amount which is periodically set forth in a schedule issued by the court and available in the domestic relations office.
ACTIONS FOR CUSTODY, PARTIAL CUSTODY AND VISITATION OF MINOR CHILDREN Rule 1915.1. Scope; Definitions.
(a) (1) These rules govern local practice and procedure in all actions for custody, partial custody, visitation, modification of existing orders, and contempt of court, including all actions heretofore commenced by petition for writ of habeas corpus and all claims for custody, partial custody, or visitation asserted in an action of divorce or for support.
(2) If a claim for custody, partial custody, visitation, or modification of an existing order is raised during the course of an action of divorce or for support, the court shall enter an order directing that the determination of the claim shall be referred to a hearing officer appointed by the court for an expeditious resolution of the claim.
(b) As used in these rules, unless the context of a rule indicates otherwise,
''conference'' means a pre-hearing negotiating session conducted under the auspices of the court by a hearing officer appointed by the court at which all counsel shall be present;
''de novo hearing'' means a hearing before a judge of the court upon exceptions to the report of the hearing officer;
''hearing officer'' means an attorney engaged in the practice of law before the Court of Common Pleas of Lackawanna County who is duly licensed to practice law in the Commonwealth of Pennsylvania; shall conduct pre-hearing conferences at such times and places as the court shall direct; shall encourage and supervise the formulation of consent orders; shall, in cases where consent orders cannot be obtained, conduct evidentiary hearings at which the hearing officer may examine the parties and all other witnesses whom the hearing officer may have reason to believe have knowledge of any facts relevant and material for the just and proper examination of the case; may recommend counseling and conduct oral examination of the child(ren) who is (are) the subject of the action and request investigation reports from social services agencies; shall submit a report to the court which shall include a comprehensive opinion reflecting a thorough analysis of the record as a whole and specifying the reasons for the hearing officer's recommended order; and, shall perform such other duties relating to actions involving custody of children and visitation rights as the court may from time to time direct;
''joint custody'' in the context of any report or opinion and orders shared custody as that term is defined in Pa. R.C.P. 1915.1(b).
Rule 1915.2. Venue.
In conjunction with the assumption of jurisdiction and venue, the court may direct the taking of testimony by or before other competent tribunals as set forth more fully in the Uniform Child Custody Jurisdiction Act, 23 Pa.C.S.A. §§ 5341 et seq.
Rule 1915.3. Prosecution of Action.
(a) Except as otherwise provided by subdivisions (c) and (d) of this rule, an action shall be commenced by filing a verified complaint.
(b) A completed order shall be attached to the complaint directing the defendant and any interested parties to appear at the time and place and for the purpose specified. The order shall be substantially in the form provided by Pa. R.C.P. 1915. The order shall be completed by the Court Administrator prior to filing the complaint.
(c) (1) A claim for custody, partial custody, visitation, or modification of an existing order, which is joined with an action of divorce or for support shall be asserted:
(i) by the plaintiff in the complaint or in a subsequent petition filed to the same term and number as the original action;
(ii) by the defendant, as a counterclaim in the original action or in a subsequent petition filed to the same term and number as the original action.
(2) The complaint, petition, or counterclaim shall be substantially in the form required by Pa. R.C.P. 1915.
(3) An order shall be affixed as provided by subdivision (b) of this rule.
(d) An action for attachment for contempt for failure to obey an existing court order shall be commenced by petition and rule to show cause and shall be prosecuted before a judge of this court only and in the manner provided by Pa. R.C.P. 1915.12.
Rule 1915.4. Service, Proof of Service.
(a) Original service shall be made pursuant to Pa. R.C.P. 412.
(b) Where an attorney has entered an appearance on behalf of a party, service of all subsequent pleadings may be made on the attorney.
(c) Where service is made on an attorney of record, proof of service shall be by an affidavit of service of the party making service or by acceptance of service executed by the attorney receiving it.
Rule 1915.5. Jurisdiction and Venue. Responsive Pleadings. Discovery Motion Practice.
(a) A party must raise questions of personal jurisdiction or venue by preliminary objection filed within twenty (20) days of service of the pleading to which objection is made or at the time of hearing, whichever first occurs. Failure to raise those questions shall constitute a waiver of any underlying rights related to personal jurisdiction and/or venue.
(b) Other than a verified compliant or petition and preliminary objection, no other pleading shall be required.
(c) Counterclaims under Lacka. Co. R.C.P. 1915.3(c)(ii) shall be asserted within twenty (20) days of service of the initial adversary pleading upon the party asserting the claim or at the time of hearing, whichever first occurs. Failure to timely assert such a claim shall not delay the hearing, but shall not preclude a party from seeking such relief
(d) (1) Discovery shall be limited to the following motions practice unless authorized by special order of court:
(i) motions authorized by the Uniform Child Custody Jurisdiction Act, 42 Pa.C.S. § 5341 et seq.;
(ii) motion for physical or mental examinations; and,
(iii) motion for home study.
(2) All discovery motions shall be in writing and filed with the court no later than five (5) days after the pre-hearing conference. All motions shall be supported or opposed according to the practice followed on motion for summary judgment under Pa. R.C.P. 1035(d).
(3) Motion for continuance and for home study shall be determined, in the first instance, by the hearing officer. All other motions shall be raised to and addressed expeditiously by the court in the manner customary for motion practice and shall be given calendar priority. In no event shall motion practice be permitted to retard or delay the hearing, unless otherwise provided by court order.
The appropriate procedure for appealing a denial of a motion for home study and/or continuance is to seek relief under Pa. R.C.P. 1915.13.
(e) Upon application showing extraordinary circumstances and undue prejudice, the court may authorize additional discovery by special order.
Rule 1915.6. Joinder of Parties.
Where a grandparent or great-grandparent of the child(ren) has a statutory right to visitation, the plaintiff or petitioner shall notify that person of the pendency of the action and of the right to intervene in the manner provided by Pa. R.C.P. 1915.16.
Rule 1915.7. Consent Order.
(a) A consent order shall be entered only upon stipulation of the parties, either orally in open court upon the record or by written agreement. When the stipulation is entered upon the record in open court, all parties affected by it shall be present and shall note their agreement on the record. When the stipulation is by a written agreement, it shall be signed by all parties affected by it and witnessed by their counsel. A proposed consent order substantially in the form provided by Lacka. Co. R.C.P. 1915.17(d) shall be attached to the stipulation or agreement.
(b) A consent order may include:
(1) a provision for counseling under 32 Pa.C.S.A. § 5305;
(2) the submission of a plan under 23 Pa.C.S.A. § 5306; and,
(3) a provision for visitation under 23 Pa.C.S.A. §§ 5311--5313.
Rule 1915.8. Physical and Mental Examination of Person.
Where a physical or mental examination of a child or a party is requested, costs shall be borne by the party requesting the examination(s) unless otherwise ordered by the court or agreed by parties.
Rule 1915.9. Default Judgment, Summary Judgment.
No judgment may be entered prior to, during or subsequent to an evidentiary hearing:
(a) by default for want of an answer;
(b) on the pleadings;
(c) by summary judgment; or,
(d) by nonsuit.
Rule 1915.10. Decision.
(a) The court may issue a written decision and order before the record or any part of it is transcribed.
(b) The cost of transcription shall not be at the expense of the court or the county unless otherwise ordered by court.
Rule 1015.11. Presence of Child Required at Hearing. Interrogation of Child at Time of Hearing.
(a) The person having custody of the child(ren) on the day of the hearing shall be responsible for assuring the child's(ren's) presence at the hearing.
(b) Interrogation of the child(ren) shall be in camera in the presence of the court, court personnel, and counsel of record only, unless there are compelling reasons to do otherwise. The order of interrogations shall be, first, by the court and then by the parties in the order of their burden of proof.
Rule 1915.12. Civil Contempt for Disobedience of Custody Order.
A petition for civil contempt shall be assigned only to a judge of the court, who shall take testimony, make a decision, and specify the conditions which must be fulfilled to purge the contempt. The petition shall be substantially in the form provided by Pa. R.C.P. 1915.12.
Rule 1915.13. Special Relief.
(a) At any time after commencement of the action, the court may, on application of any party or ex parte on the application of a hearing officer, grant appropriate interim or special relief. Such relief may include issuance of a writ of ne exeat directed to the present custodian of the child(ren) where flight to evade jurisdiction is imminent.
(b) when relief is sought on application of a party, the court shall grant appropriate interim or special relief only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction without a hearing or without notice. In determining whether a preliminary or special injunction should be granted and whether notice of a hearing should be required, the court may act on the basis of the averments of the pleadings or petition and may consider affidavits of parties or third persons, or any other proof which the court may require.
(c) Special relief and/or interim relief granted without notice to the opposing party shall be deemed dissolved unless a hearing on the continuance of the special and/or interim relief is held within five (5) days after granting such relief or within such other time as the parties may agree or as the court upon cause shown shall direct.
Rule 1915.14. Disobedience of Order Other Than For Custody.
The court may issue a bench warrant for the arrest of any person who fails to obey any court order related to a custody proceeding and shall cause that person to be produced in open court to show cause why he or she should not be adjudged in contempt for willful disobedience.
Rule 1915.17. Pre-Hearing Conference and Consent Order.
(a) A pre-hearing conference shall be scheduled no sooner than ten (10) days after the pleading under these rules commencing the action has been filed. All actions commenced under these rules shall be scheduled for conference.
(b) The pre-hearing conference shall be held to focus issues of fact and law and to explore the possibility of a negotiated settlement and consent order.
(c) A continuance may be granted upon good cause shown to afford a party reasonable opportunity to obtain counsel and to prepare a defense.
(d) A consent order shall be in substantially the following form:
(Case Caption)
CONSENT ORDER NOW THIS, ____ day of ______ , 20 ____ , the attached stipulation of the parties is incorporated herein by reference and made an Order of this Court with the same full force and effect.
BY THE COURT:
______ J.
Rule 1915.18. Notice of Hearing and Order.
(a) A hearing shall be scheduled no sooner than twenty (20) days after the pre-hearing conference has been held and no sooner than twenty (20) days after the service of the order setting the time and date for hearing, unless for cause shown, the court orders an earlier hearing.
(b) Hearings shall be stenographically recorded. Witnesses may be sequestered.
(c) A continuance may be granted by the hearing officer upon good cause shown to afford a party reasonable opportunity to obtain counsel and to prepare a defense.
(d) Written notice of the hearing in the form required by Pa. R.C.P. 1915.15 shall be given no less than twenty days prior to hearing to each attorney of record and/or the parties by the plaintiff or petitioner. Service shall be by the means set forth in Pa. R.C.P. 412.
(e) The rules of evidence shall govern the taking of testimony and the admission of exhibits, except that all material and relevant evidence which has substantial probative value may be received and evaluated notwithstanding technical objections to its admissibility.
Rule 1915.19. Appointment of Hearing Officer. Report.
(a) The court may appoint standing hearing officers to hear the testimony and return the record to the court, together with a report and recommendation.
(b) The hearing officer shall file the report and recommendation no later than thirty (30) days after the record is closed. The hearing officer shall immediately send notice of the filing of the report to each party or the attorneys of record together with a copy of the report and recommendation. The notice shall be dated with the date of mailing.
(c) The hearing officer's report shall contain findings of fact, conclusions of law, and a recommendation. The report may be in narrative form and shall state the reasons for the recommendation. The conclusions of law shall include a discussion of the law and the facts and the legal conclusions reached by the hearing officer.
Rule 1915.20. Exceptions to Hearing Officer's Report. De Novo Hearings. Final Order.
(a) Within ten (10) days after notice of the filing of the hearing officer's report has been mailed, exceptions may be filed by any party to the report or any part thereof, to ruling on objections to evidence, to statements or findings of fact, to conclusions of law, or to any other matters occurring during the hearings. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived unless, prior to the entry of the final order, leave is granted to file exceptions raising those matters.
(b) If no exceptions are filed to the hearing officer's report within the ten (10) day period, the plaintiff or petitioner shall prepare and file a praecipe to transmit the entire record and a proposed order. The Clerk of Judicial Records shall then transmit the entire record and proposed order to the court which shall review the record and, if approved, shall enter a final order.
(c) A final order shall be in substantially the following form:
(Case Caption)
FINAL ORDER NOW, this ____ day of ______ , 20 ____ , the attached report and recommendation is incorporated herein by reference and made the order of this court with the same full force and effect.
BY THE COURT:
______ J.
(d) If exceptions are filed, the court shall hear arguments, take testimony, and enter an appropriate final order. No exceptions may be filed to the final order.
(e) Exceptions shall be served upon the hearing officer and all opposing counsel.
(f) All costs associated with the exceptions, including transcription costs, shall be borne by the party or parties taking the same, unless otherwise ordered by court.
ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE Rule 1920.3. Commencement of Action.
(a) Initial Pleading
Every complaint, counterclaim, or petition, in an action for divorce or annulment, shall be filed with the Clerk of Judicial Records.
(b) Child or Spousal Support
Any party filing with the Clerk of Judicial Records a claim for child or spousal support in a complaint, counterclaim, or petition in a divorce action shall, simultaneously therewith, file a conformed copy thereof in the domestic relations office of this court where it shall proceed in accordance with the practice and procedure of the domestic relations section of this court.
Rule 1920.22. Discovery.
(a) Motion
A party seeking a special order of court for discovery pursuant to Pa. R.C.P. 1920.22(a) shall request the same by written motion in accord with Lacka. Co. R.C.P. 206.1
(b) Compliance
All requests for discovery shall be complied with within the time period established by the order therefore or, if no order is required or no period is established by the order, then within thirty (30) days from the date of service thereof.
(c) Motion for Compliance
If a party fails to comply with requested discovery within the time period provided by Lacka. Co. R.C.P. 1920.22(b), the requesting party may, upon expiration of said time period, file a motion for compliance and serve a copy thereof on the attorney for the noncomplying party or, if no attorney is of record, then on the noncomplying party. Upon service thereof, the noncomplying party shall comply with the requested discovery within fifteen (15) days, unless additional time is granted by the court.
(d) Sanctions
If a motion for compliance is filed and served and the opposing party fails to comply with Lacka. Co. R.C.P. 1920.22(c) the court shall impose the following sanctions as additional sanctions to those which the court deems appropriate:
(1) Counsel fees. Require the noncomplying party to pay reasonable counsel fees of the requesting party.
(2) Monetary sanctions. Require the noncomplying party to pay to the requesting party a sum to be set by the court for each day of noncompliance.
Rule 1920.33. Inventory and Appraisement.
Failure to File
If a party fails to comply with the filing requirements of Pa. R.C.P. 1920.33(a), the opposing party may file a motion for compliance in accordance with Lacka. Co. R.C.P. 1920.22(c) which shall proceed in accordance with said rule and shall be subject to the imposition of sanctions in accordance with Lacka. Co. R.C.P. 1920.22(d). In addition thereto, the court may order that, if the opposing party has fully complied with the requirements of Pa. R.C.P. 1920.33(a), the same shall be taken to be established for the purposes of the action.
Rule 1920.51. Hearing by the Master.
(a) Preliminary Conference
The appointed master shall schedule a preliminary conference within twenty (20) days from the date of assignment. Such preliminary conference shall be for the purpose of attempting to effectuate a settlement of all matters in dispute and shall be attended by the attorneys for both parties and, unless otherwise excused by the master, by both parties. Each party shall, at least five (5) days prior to the preliminary conference, supply to opposing counsel and to the master a preliminary conference memorandum which shall contain:
(1) as attachments thereto, all filings required by Pa. R.C.P. 1920.31 and 1920.33(b); and,
(2) a list of the legal issues which are present and the proposed resolution thereof including the authority which is the basis of such proposed resolution.
(b) Sanctions
If a party or his attorney willfully violates the requirements hereof or fails to attend the preliminary conference without good cause shown to the master, the master may recommend and the court may impose appropriate sanctions as prescribed by Pa. R.C.P. 4019 and, in addition thereto, may bar the offending party from offering any testimony or introducing any evidence in support of or in opposition to the claims for the matters to be included in the preliminary hearing memorandum in accordance herewith.
(c) Masters Hearing
If the matter cannot be resolved at the preliminary conference, the master shall schedule a hearing on all unresolved items. The date and time of such hearing or hearings shall be established by the master.
(d) (1) Continuances. No hearing or preliminary conference shall be continued without agreement by both parties or good cause shown to the master.
(2) Opposition to continuance. If the master grants a continuance requested by one of the parties and opposed by the other party, the grant of such continuance shall be made by the master in writing and shall include the reason for which such continuance was granted.
(3) Repeated continuances. In the event of repeated continuances, either party may petition the court in accordance with Lacka. Co. R.C.P. 206, for appropriate relief.
MINORS AND INCOMPETENT PARTIES Rule 2032. Filing Affidavit as to Age.
(a) A party, who files and serves on another party a rule to file of record an affidavit indicating whether that party is an adult or a minor, shall at the time of filing such rule also file a certificate of service indicating the manner of service of said rule and the date on which such service was made.
(b) The rule filed and served by a party shall advise the recipient party who is directed to file the affidavit of the date of filing of rule in the office of the Clerk of Judicial Records.
(c) The party who is to file the affidavit shall do so within ten (10) days from the date of service of the rule.
Rule 2039. Compromise, Settlement, Discontinuance or Distribution in Action Involving a Minor.
Notwithstanding the provisions of any rule of this court to the contrary, if a petition is presented to the court pursuant to Pa. R.C.P. 2039 for the compromise, settlement, or discontinuance of, or distribution of a fund resulting from an action to which a minor is a party, the court, if it so chooses, may act upon said petition immediately upon its presentation.
Rule 2056. Notice to Guardian of Incompetent.
In a case in which a defendant is incompetent, the notice required by Pa. R.C.P. 2056(b) may be given by personal service or by registered mail. If registered mail is utilized for this purpose, the plaintiff, the plaintiff's attorney, or any competent adult acting on behalf of the plaintiff shall send a registered letter to the last known address of the guardian of the incompetent defendant requiring a receipt signed by the guardian. If the letter is returned by the post office without a receipt signed by the guardian but with a notation by the postal authorities that the guardian refused to accept the letter, the plaintiff shall have the right of service by ordinary mail addressed to the guardian of the incompetent at the same address with the return address of the sender appearing thereon.
Rule 2059. Notice to Incompetent of Application for Guardian Ad Litem.
In every case in which a petition is filed for the appointment or removal of a guardian ad litem for an incompetent party, a copy of the petition and the rule to show cause or stay order issued thereon shall be served personally on the incompetent immediately upon the filing of the petition.
Rule 2064. Compromise, Settlement, Discontinuance and Distribution in Action Involving an Incompetent.
The practice upon the presentation of a petition pursuant to Pa. R.C.P. 2064 shall be the same as that prescribed under Lacka. Co. R.C.P. 2039.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
