[35 Pa.B. 5954]
[Continued from previous Web Page] Rule 306 Transmittal of Documents by Prothonotary.
The Prothonotary may not undertake to transmit papers to any office other than the Court. It shall be the sole responsibility of the party or counsel to effectuate proper service of pleadings and other legal papers. This responsibility is not relieved by courtesies which may be extended from time to time by the Prothonotary.
Rule 307 Arguments and Argument Lists.
(1) Applicability.
This rule applies to matters to be listed for argument for which there is no specific local rule governing the manner in which arguments shall be heard. See for instance Cra.R.C.P. 1034(a) and 1035.2(a) covering motion for judgment on the pleadings and motion for summary judgment, respectively.
(2) Argument List.
The Prothonotary shall keep an Argument List Watch Book and shall enter all causes or matters in any civil action requiring argument upon praecipe of any party in interest or at the direction of the Court or Court Administrator.
The praecipe that is filed to place a matter on the argument list must identify the matter(s) that is/are to be argued.
(3) Argument Court.
Sessions of Argument Court shall be established by the Court Administrator in the annual court calendar. Generally, the Court reserves the last Monday of each month for Argument Court. Counsel should consult the last available schedule. All causes or matters which have been set down for argument more than thirty (30) days before a session of Argument Court shall be listed for that session of Argument Court.
(4) Notice.
At the close of the Argument List, the Prothonotary shall forthwith deliver a copy of the List to each attorney appearing for any party and to any unrepresented party in any case listed and shall post a copy of the List on the Prothonotary's bulletin board. Delivery to attorneys shall be effected, in the case of attorneys whose principal office is located in the City of Meadville, by placing a copy in the attorney's box in the Prothonotary's office or by fax, and in the case of attorneys whose principal office is located outside the City of Meadville, by mailing the same by ordinary mail to the address on the last pleading or by fax. Delivery to an unrepresented party shall be by first class mail to the last known address of record.
(5) Briefs.
(a) The moving party shall file its brief at the time it files a praecipe for argument. The Prothonotary shall not list the case for argument until that has occurred.
(b) Where the praecipe for argument is filed by the responding party, the praecipe shall contain thereon a certification that service of the praecipe has been made upon all other parties.
(c) If the matter is placed for argument by the responding party, the moving party shall file a brief at least fifteen (15) business days prior to the session of Argument Court at which the case is to be argued.
(d) The responding party in all cases shall file a brief at least five (5) business days prior to the session of Argument Court at which the case is to be argued.
(6) Form of Briefs.
Briefs shall conform to Cra.R.C.P. 210.
(7) Supplemental Briefs.
Supplemental briefs filed after the time for filing regular briefs, or after oral argument, shall be filed only upon special allowance by the Court, in which case the Court shall set the time within which such supplemental brief shall be filed. If the party desiring to file a supplemental brief fails to do so within the time limit established, the Court shall proceed to determine the matter without the supplemental brief.
(8) Default of Brief.
If a matter has been set down for argument upon praecipe of a responding party and the moving party fails to file a brief within the time limitations set forth in this rule, the matter may be dismissed by the Court upon motion of the responding party.
(9) Order of Argument.
Each party shall be allotted 15 minutes for argument unless extended or limited by the court. Unless the Court shall otherwise direct at argument, counsel for the moving party shall begin and conclude the argument.
(10) Emergency Arguments.
On cause shown and on reasonable notice to all parties, the Court may schedule an argument in the particular matter at a regular session of Argument Court or at some other time, and can make other provisions for the filing of briefs.
(11) Submission on Briefs.
Upon written consent of all parties in interest and with the consent of the Judge to which a matter is assigned for argument, the matter may be submitted upon briefs without oral argument. If a matter has been submitted on briefs, and the Judge determines after review of the briefs that oral argument is necessary, the case shall be scheduled for oral argument by special order.
(12) Continuances.
Cra.R.C.P. 208.3(a)(5) governing continuances of trials shall apply equally to Argument Court. When an argument is continued, the Prothonotary shall automatically list the case for the next available Argument Court.
Rule 308 Money Paid Into Court.
(1) Motion for Payment into Court.
Where it is appropriate that money be paid into Court, the Court, on motion of any party or on its own motion, may direct the same to be done. A motion for the payment of money into Court shall set forth the reasons for requesting such action and the exact amount to be paid.
(2) Deposit with Prothonotary.
The Prothonotary shall have custody of all money paid into Court and shall deposit such funds in a non-interest- bearing escrow account to the credit of the Court in a bank or banks in which deposits are insured by the Federal Deposit Insurance Corporation.
(3) Withdrawal.
Money paid into Court may not be withdrawn or paid out except upon order of the Court entered in response to a properly filed motion.
Comment This Rule does not apply to payment of advanced costs such as Masters' fees.
Rule 309 Appeals from Zoning Hearing Boards.
(1) Disposition of Appeals.
In an appeal from a decision of a Zoning Hearing Board, upon the return of the writ of certiorari, any party to the appeal may place the case on an argument list with due notice to the municipality or its solicitor and to the parties interested in the case.
(2) Additional Testimony.
In the event that a party desires to present additional evidence, a motion indicating the reasons therefore shall be presented to the Court within twenty (20) days after service of the appeal is made.
(3) Form of Caption.
The caption of an appeal from a decision of a Zoning Hearing Board shall contain a reference to the name of the municipality and shall be in the following form:
John Doe, Appellant,
Vs.
______
Zoning Hearing Board
(Insert full name of municipality)(4) Supersedeas.
An appeal from a decision of a Zoning Hearing Board shall not act as a supersedeas without special order of Court. An application for a supersedeas shall be presented in a properly filed motion.
Rule 310 Land Use Appeals.
The procedure for hearing and deciding appeals from decisions of municipal governing bodies with respect to land use matters shall be the same as for zoning hearing board appeals.
Rule 311 Eminent Domain.
(1) Petition for Viewers.
The initial petition presented to the Court in any eminent domain proceeding shall cite the statute under which the petition is filed.
(2) Viewers.
Viewers shall be sworn to discharge the duties of their appointment as Viewers with impartiality and fidelity according to the best of their learning and ability, upon their initial appointment to the Board of View, and thereafter need not be sworn in any proceedings referred to them.
(3) Hearings.
Viewers' hearings shall be held in the Court House. A hearing shall be held at the time fixed by the Viewers.
(4) Record of Hearing.
Stenographic records of hearings will not be made except in unusual cases where, for good cause shown, the Court has ordered the testimony to be taken stenographically or electronically.
Rule 312 Change of Name of a Natural Person.
(1) All proceedings for a change of name of a natural person pursuant to 54 Pa.C.S. § 701--705 shall be filed with the Prothonotary. These rules do not apply to other types of name change proceedings such as adoption proceedings or the resumption of a prior surname in a divorce proceeding.
(2) The petition shall include the following:
(a) The petitioner's name and complete residential address. Where the person whose name is sought to be changed is a minor, the petition shall be brought in the name of the minor by the parent(s) or legal guardian(s) of the minor;
(b) The petitioner's complete residential address(es) for and during a period of five (5) years prior to the date of the filing of the petition;
(c) The petitioner's proposed new name;
(d) The reasons for the desired name change;
(e) That the petitioner has never been convicted of a felony or, if petitioner has been so convicted, that:
(i) At least two calendar years have elapsed from the date of completion of petitioner's sentence and that the petitioner is not subject to probation or parole jurisdiction of any court, county probation agency or any state board of probation and parole, or
(ii) The petitioner has been pardoned;
(f) That the petitioner has never been convicted of any of the crimes itemized in 54 Pa.C.S. § 702(c)(2).
(3) The petition shall contain two (2) proposed orders as follows:
(a) Order setting a hearing date; and
(b) Order granting change of name.
(4) The hearing order shall include the following:
(a) That notice be given of the filing of the petition and date set for the hearing thereon;
(b) That a copy of the petition and hearing order be served by United States First Class Mail, postage prepaid, on any person that may have an interest in the proceeding including, but not limited to, any non-petitioning parent of a minor, all at said person's last known address;
(c) That counsel, or a petitioner who is self-represented, shall comply with the requirements of 54 Pa.C.S. § 702(b) relating to determination by the Pennsylvania State Police that the petitioner is not subject to the Criminal History Record Information Act, 18 Pa.C.S. § 9101 et seq., except where the petitioner is a minor who is twelve (12) years of age or younger. See for instance 54 Pa.C.S. § 703 and 23 Pa.C.S. § 5105.
(5) Where the petitioner has a prior conviction of a felony but is not barred by 54 Pa.C.S. § 702(c) from obtaining a judicial change of name, to enable the Court to comply with 54 Pa.C.S. § 702(b) and (c), and as a prerequisite to the entry of an order granting change of name, the petitioner, at the hearing, shall provide the Court with envelopes affixed with sufficient postage and pre-addressed to the following:
Office of the Attorney General
Commonwealth of Pennsylvania
1600 Strawberry Square
Harrisburg, PA 17120
Central Repository
The Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
The District Attorney of Crawford County
Crawford County Courthouse
903 Diamond Park
Meadville, PA 16335Note: These addresses may change. The legislature may amend the statute. Therefore, any such changes would preempt these rules of procedure
SERVICE OF ORIGINAL PROCESS AND OTHER LEGAL PAPERS Rule 400 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 informa pauperis.
Rule 430 Service by Publication/Legal Journal.
(1) Designated Publication.
Whenever service by publication is authorized by law or rule/order of Court and the manner of publication is not otherwise specified, such service shall be made by publishing the required notice one time in a newspaper of general circulation in Crawford County, and one time in the Crawford County Legal Journal. Affidavits of publication shall be filed in the Prothonotary's office.
(2) Crawford County Legal Journal.
The Crawford County Legal Journal, owned by the Crawford County Bar Association, and operated by the Legal Publications Committee of said Association, is hereby designated the official legal publication of Crawford County.
(3) Publication as Per Court Order.
The Crawford County Legal Journal shall also print such other matters as are required by these Rules or by order of Court.
Rule 440 Service of Copies.
Copies of all legal papers other than original process that are filed in an action may be served upon an attorney for a party by placing the paper in the attorney's courthouse box in the Prothonotary's office if the attorney has agreed, by a separate written statement filed of record in each case, to receive service by this method. The attorney may withdraw such consent by a separate written statement filed of record with the Prothonotary and served upon all parties.
ACTIONS, PLEADINGS, ETC. Rule 1012 Entry of Appearance. Withdrawal of Appearance. Notice.
Withdrawal of Appearance.
Any attorney seeking leave of Court to withdraw an appearance as counsel for any party to a proceeding shall file a motion for leave to withdraw for that party with a certificate that the withdrawal will not unreasonably delay any stages of the litigation or prejudice the party, and that all notice requirements governing motion practice and notice to the client have been given. Before filing such a motion, counsel must give notice to the client at least five (5) business days prior to the date and time for filing the motion. The motion must be filed in Motions Court.
Rule 1018.1 Notice to Defend. Form.
The organization to be named in the Notice to Defend to find out where legal help may be obtained is:
Court Administrator
Courthouse
Meadville, PA 16335
Telephone 814.333.7498Rule 1028(c) Preliminary Objections. Briefs. Scheduling Order.
Preliminary objections shall be processed and disposed of in accordance with the rule governing arguments and argument lists (Cra.R.C.P. 307). Briefs shall conform to Cra.R.C.P. 210 and 307.
Rule 1034(a) Motion for Judgment on the Pleadings. Briefs. Scheduling Order.
At the time of filing, all motions for judgment on the pleadings shall be accompanied by a separate brief in support thereof, addressing the issues raised in the motion. The motion must also be accompanied by a proposed order for the purpose of scheduling a hearing or argument thereon, substantially in the following form:
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CIVIL ACTION
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
SCHEDULING ORDER AND NOW, this _____ day of ______ , 20 ____ upon receipt of a motion for judgment on the pleadings filed by ______ the ______ it is ORDERED AS FOLLOWS:
1. Argument/hearing on said motion shall be held on the _____ day of ______ , 20 ____ at ____ o'clock __ m. in the Crawford County Courthouse.
2. Any responding party must file a brief no less than five (5) business days prior to the date for argument/hearing and promptly serve a true and correct copy of said brief on all other parties.
BY THE COURT
_________________
J.Rule 1035.2(a) Motion for Summary Judgment. Briefs. Scheduling Order.
At the time of filing, all motions for summary judgment shall be accompanied by a separate brief in support thereof, addressing the issues raised in the motion. The motion must also be accompanied by a proposed order for the purpose of scheduling a hearing or argument thereon, substantially in the following form:
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CIVIL ACTION
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
SCHEDULING ORDER AND NOW, this _____ day of ______ , 20 ____ upon receipt of a motion for judgment on the pleadings filed by ______ the ______ it is ORDERED AS FOLLOWS:
1. Argument/hearing on said motion shall be held on the _____ day of ______ , 20 ____ at ____ o'clock __ m. in the Crawford County Courthouse.
2. Any responding party must file a brief no less than five (5) business days prior to the date for argument/hearing and promptly serve a true and correct copy of said brief on all other parties.
BY THE COURT
_________________
J.
PROFESSIONAL LIABILITY ACTIONS Rule 1042.21 Medical Professional Liability Actions. Motion for Settlement Conference or Mediation.
(1) Status Conference.
Plaintiff's counsel shall deliver to the Court Administrator, at the time a medical professional liability action is filed with the Prothonotary, a time-stamped copy of the cover sheet of the complaint or praecipe to issue a summons. Ninety (90) days after a medical professional liability action is filed with the Prothonotary, the Court Administrator shall thereafter schedule a status conference before a Judge for the purpose of, inter alia, considering and determining the manner and time in which the case shall proceed through discovery, pretrial motions, mediation, settlement conferences, pretrial conferences and trial for the mutual benefit of the parties and the Court.
(2) Selection of Cases for Mediation.
Upon motion of any party, including a motion pursuant to Pa.R.C.P. 1042.21, or upon written agreement of the parties or on its own motion, the court may refer a case to mediation. Any objection to a motion to request mediation must be filed within ten (10) days of the filing of the motion. A case ordered for mediation shall remain on any trial list upon which it has been placed, but shall not proceed to trial until the mediation process has concluded.
(3) Mediation.
(a) Agreement of the Parties.
All parties are encouraged to stipulate to the terms and conditions of mediation including, but not limited, to the matters referred to in this rule.
(b) Expectations of the Parties.
When ordered by the Court to participate in medical professional liability mediation, the parties are not required to reach a resolution. They are expected to: engage in principled negotiations, commit to the process, keep an open mind, discuss openly and freely, understand the needs of others, and explore ways to create a mutually acceptable resolution in good faith.
(c) Selection of Mediators.
The parties are encouraged to agree on the mediator and, if appropriate, co-mediator. If they cannot agree, then the Court will select a mediator and, if appropriate, a co-mediator, either on its own or by choosing among suggestions made by the parties.
(d) Judge as Mediator.
The Court, in its discretion, may choose a Judge to serve as mediator.
(e) Type of Mediation.
The parties and the Court shall decide at the outset whether the mediation shall be the facilitative model, the evaluative model, or the facilitative/evaluative hybrid model.
(f) Qualifications of the Mediator/Co-Mediator.
Any mediator or co-mediator, except a Judge, shall have at least the following qualifications: successful completion of an appropriate mediation course of formal training or education (preferably a recognized course of at least forty (40) hours); participation in a minimum of five (5) mediated medical professional liability cases or, in lieu thereof, a minimum of ten (10) mediated civil personal injury cases; mediation professional liability insurance; compliance with all ethical standards of the mediator profession; and the ability to satisfy the parties' practical needs for availability and affordability.
(g) Objections to the Mediator.
Any objection to a named mediator is waived by any party who fails to file an objection within fifteen (15) days after the mediator is named by the Court.
(h) Role of the Mediator.
Mediation is a confidential, informal, nonadversial process where a neutral third party assists disputing parties in resolving by agreement some or all of the differences between them. It shall be the role of the mediator to facilitate communication, clarify interests and issues, identify information that may be gathered to assist in making decisions, foster joint problem solving and assist the parties in reaching a mutually acceptable settlement of their dispute.
Mediators will not provide legal advice, although in evaluative mediations, mediators may express opinions on the applicability of the law to the facts to the extent that such opinions may, in the judgment of the mediator, be helpful in facilitating a settlement. Mediators may offer recommendations, evaluations or suggest settlement proposals, but mediators act for no party and have no authority to make any decisions or compel an agreement. Parties will rely solely on the advice of their attorneys, as well as their own judgment in arriving at a resolution of the dispute and cannot claim to have relied to their detriment on any advice or comment of a mediator.
(i) Time and Place.
The mediation shall be conducted at a time and place to be arranged by the parties. It is expected that mediation shall take place within forty-five (45) days of the date the mediation order is entered. It is preferred that mediation will not take more than one (1) day. Each party shall pledge to be fully prepared for mediation at that time and make every effort to keep the mediation session within that time frame. Subsequent sessions will be arranged if the parties or the mediator believe(s) that sufficient progress is being made to merit another session. Mediation should be completed within sixty (60) days from the date of the order or agreement to mediate.
(j) Preconference Submissions.
Each party will prepare a preconference statement that shall be presented to the mediator not less than ten (10) days prior to the mediation conference. The summary should not exceed six (6) pages or such additional length as the mediator may permit. Statements should address, in concise form:
(i) Statement of facts including description of the injury and list of special damages and expenses incurred and expected to be incurred;
(ii) Theory relative to liability and damages, and authorities in support thereof;
(iii) Summary of reports of experts and testimony of key non-expert witnesses;
(iv) Status of the case, and expected trial date;
(v) Last demand and offer, if any.
A limited number of documents may be attached to assist the mediator and the parties, but counsel and parties are urged to keep the number of attachments to a minimum. Summaries of data are encouraged, as are stipulations of the parties. The parties are not to attach copies of discovery requests, pleadings, motions, etc. but to provide fair and accurate statements/attributions, since the primary purpose of the preconference submission is to accurately inform the mediator of the facts and issues.
(k) Attendance and Settlement Authority.
Every party or entity that has an interest in the outcome of the case, may be affected by the outcome of the case, has the ability to effect a resolution, etc. is required to attend the mediation session. Each shall have the authority to settle the case. Each defendant, or each party representing or having an interest in a defendant's case, shall have the authority to settle up to its policy limits or the last demand of a plaintiff, whichever is less. Mediators may postpone the mediation or require the participation of an individual by telephone or by direct communication with the mediator. Telephone attendance must be arranged ahead of time. In an appropriate case, representatives of the M(Care) Fund must either attend in person or be available by telephone during all mediation sessions. If any party or person required to attend fails to appear at the mediation session without good cause, or appears without decision making discretion, the Court, sua sponte, or upon motion, may impose sanctions, including an award of reasonable mediator and attorney's fees and other costs, against any defaulting responsible party.
(l) Confidentiality.
The mediation process must comply with any Pennsylvania statutory mediation confidentiality provisions (42 Pa.C.S. § 5949). Mediation proceedings constitute settlement negotiations between and among the parties and mediators. Therefore, all statements made by, or on behalf of, the parties or their representatives relating to anything arising out of or relating to the mediation process, and any documents created for or during the mediation process are beyond the scope of discovery and are not admissible into evidence for any purpose, including impeachment, in any pending or subsequent proceeding. The obligation of total confidentiality will apply to all participants in the mediation process. Evidence that is discoverable or admissible is not rendered inadmissible or undiscoverable as a result of its use in the mediation process (for example: medical records maintained by a physician). If a settlement agreement is reached, it shall be binding upon the parties thereto, and its terms and enforcement shall be governed by the terms of the agreement and not subject to the confidentiality provisions herein. Confidential communications and settlement offers of the parties may not be disclosed or discussed with any other persons, including attorneys representing parties with similar or unrelated claims or the media, or via electronic means, to the general public, or in any other judicial proceedings, including a conciliation before a trial court Judge, or special master. If the mediation did not result in settlement, the final settlement position of any party may not be divulged to any third party, including a Judge, without the consent of all parties.
(m) Mediators Privilege and Immunity.
No party shall request nor subpoena a mediator to testify or provide evidence in any matter for any reason, nor will a party request or subpoena any mediator's notes, records or any material in possession of the mediator, for any purpose. Mediators shall have the same immunity as Judges and judicial employees have under the laws of the Commonwealth of Pennsylvania, and no mediator is, or will claim to be, a necessary party in any judicial, quasi-judicial or administrative proceeding arising out of or relating to any mediation or the underlying litigation.
(n) Fees and Expenses.
Unless the parties agree otherwise, the Court will order the parties to share, equally, the cost and charges of the mediator, including any deposit or prepayment required by a mediator.
(o) Communications Between Mediators and the Court.
During a mediation, a Judge should only be informed of the following:
(i) The failure of a party to comply with the order to attend mediation;
(ii) Any request by the parties for additional time to complete the mediation;
(iii) If the parties agree, any procedural action by the Court that would facilitate the mediation; and
(iv) The mediator's assessment that the case is inappropriate for mediation.
When the mediation has been concluded, the Court should be informed of the following:
(i) That an agreement has been reached;
(ii) That the parties did not reach an agreement on any matter. The mediator shall report the lack of an agreement to the Court without comment or recommendation; and
(iii) With the consent of the parties, the mediator's report may also identify the pending motions or outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate the possibility of a settlement.
Whenever possible, all communications with the Judge should be made jointly by the parties. Ex parte communications by less than all of the parties with the Court will not be permitted. Any party seeking further Court action must follow state and local petition and motion practice. Where the mediator must communicate with the Judge, such communications shall be made in writing.
COMPULSORY ARBITRATION Rule 1301 Arbitration.
(1) Cases Subject to Arbitration.
All cases which are at issue where the amount in controversy shall be twenty-five ($25,000) thousand dollars or less, exclusive of interest and costs, shall be submitted to and heard by a Board of Arbitrators consisting of three (3) members or one (1) member of the Bar in active practice in this County.
In all cases where a party has obtained a judgment by default, said party may elect to have unliquidated damages assessed at a trial by arbitration with the issues limited to the amount of damages which shall not exceed twenty-five ($25,000) thousand dollars. The election to assess damages by arbitration shall constitute a waiver by the party making such election of any damages in excess of $25,000.
(2) Arbitration by Stipulation.
By agreement signed by the parties or their counsel, the parties may agree to submit a case to arbitration. Such agreement shall define the issues and contain such stipulation as to facts, admissions, or waivers of defenses or proofs as are agreed upon.
(3) Exceptions.
These rules shall not apply to the following actions:
(a) Ejectment
(b) Quiet Title
(c) Replevin--except by Order of Court
(d) Mandamus
(e) Quo Warranto
(f) Mortgage Foreclosure
(g) Actions requiring Equitable or Declaratory Relief
(4) Compensation of Board.
(a) Each member of a Board of Arbitration who has signed an award shall receive as compensation a fee in an amount as set by the Court from time to time by special order. Where hearings exceed 1/2 day, the arbitrators may petition the Court for additional compensation, which may be granted for cause shown.
(b) In the event that a case shall be settled or withdrawn or otherwise terminated by or between the parties before the board members have attended any hearing, the board members shall not be entitled to a fee. The attorney for the plaintiff(s) in such case shall file a praecipe with the Prothonotary, requesting that the board so appointed be vacated.
(c) When the arbitrators certify that a case was settled or withdrawn after the hearing began but no report or award was made, the arbitrators need not file a report and shall be entitled to a fee.
(5) Procedure for Payment.
Where the arbitrators are entitled to a fee, the Prothonotary shall certify to the County Commissioners and to the County Treasurer the names of the members of the Board and an Order for payment. The County Commissioners and Treasurer shall pay the applicable fee to each member of the Board. Such fees shall not be taxed as costs.
Rule 1302 List of Arbitrators. Appointment to Board. Oath.
(1) Eligibility to Serve as Arbitrators.
Only persons actively engaged in the practice of law in Crawford County shall be eligible to serve as arbitrators. For purposes of this rule, persons ''actively engaged in the practice of law'' are persons who regularly maintain a law office in Crawford County for the practice of law. That shall include part-time assistant public defenders and part-time assistant district attorneys. Excluded are the chief public defender, the district attorney, and full time assistant public defenders and full-time assistant district attorneys. Only persons admitted to the practice of law for at least five (5) years are eligible to serve as chair of the Board of Arbitrators.
(2) List of Arbitrators.
The Prothonotary of Crawford County shall, on or before January 1 of each year, compile a list of persons eligible to serve as arbitrators and a list of persons eligible to serve as chair of Boards of Arbitrators.
(3) Selection of Board.
A party wishing to have an arbitration hearing shall file a Praecipe for Arbitration with the Prothonotary. The Praecipe shall state whether the moving party elects to proceed under the First Selection Method or the Second Selection Method set forth below. If the moving party selects the First Selection Method, any opposing party may, within ten (10) days of the date he/she was served with the Praecipe, file a Responsive Praecipe to Election Method with the Prothonotary requesting that the panel be selected with the Second Selection Method, in which case the Prothonotary shall proceed under the Second Selection Method to select the Arbitration Panel. If no praecipe is filed by a responding party within ten (10) days of the service date, the Prothonotary shall proceed to select the Arbitration Panel under the First Selection Method. A Praecipe for Arbitration shall contain a certificate of service indicating service upon all other parties and the date of service.
(a) First Selection Method.
The Prothonotary shall select the first three (3) available attorneys in alphabetical order from the list maintained by the Prothonotary; the first member named who is eligible to be chair shall be chair of the board; or
(b) Second Selection Method.
The Prothonotary shall nominate a list of seven (7) attorneys selected at random from the entire list of arbitrators, with an additional two (2) attorneys for each additional party with an adverse interest. The Prothonotary will mail the list to each party or their counsel with an endorsement of the date of mailing. Each party shall have the right to strike off two (2) attorneys from the list and file the list with the Prothonotary within ten (10) days after the Prothonotary's date of mailing. Any party who fails to file a proper selection list with the Prothonotary within ten (10) days, waives its right to strike. After ten (10) days, the Prothonotary shall appoint the first three attorneys from the nomination list who have not been stricken. The first member named who is eligible to be chair shall be chair of the Board.
(c) Sole Arbitrator.
A sole arbitrator may be selected to adjudicate the case by agreement of all parties. The award shall have the same effect as that of a three (3) person panel. The Prothonotary shall nominate a list of five (5) attorneys selected at random from the entire list with an additional two (2) attorneys for each additional party with an adverse interest. Each party alternately in the order in which the parties appear in the caption, shall have the right to strike off two attorneys from the list at a time. The remaining attorney shall be the sole arbitrator. This selection process shall be completed within ten (10) days after the Prothonotary mails the list to each party or their counsel with an endorsement of the date of mailing. Any party who fails to file a proper selection list for the Prothonotary within said ten (10) days waives its right to strike.
(4) Notification of Appointment and Objections.
The Prothonotary shall file the appointment of the Board of Arbitrators and shall deliver a copy thereof to the chair and to each party or their counsel of record. Attorneys must sign their qualifications within five (5) business days after their appointment. The Prothonotary shall approach the President Judge if attorneys have not signed their qualification within said period of time. Any party may object to the composition of the Board of Arbitration at this point only for good cause shown. The filing of such objections shall operate as a stay of proceedings. The party filing such objections shall serve a copy thereof upon all other parties or their counsel and shall give notice of intention to present the objections to Motions Court. Failure to file such objections within five (5) days of delivery of notice of the appointment shall operate as a waiver thereof.
(5) Companion Cases.
The Prothonotary shall appoint the same Board to serve as arbitrators in any companion case.
(6) Vacancies on Board--Prior to Hearing.
Should a vacancy on the Board of Arbitration occur prior to hearing, or should a member of the board fail to attend the hearing, a member of the Board shall notify the Prothonotary, who shall immediately vacate that appointment and make an appointment to fill that vacancy.
(7) Post-Hearing Vacancies.
Should a vacancy on the Board of Arbitration occur after hearing but before an award is signed by all arbitrators, or should a member of the board fail or refuse to perform his/her duties, the award shall be signed and filed by the remaining members of the Board. If they are unable to agree, they shall notify the Prothonotary who shall appoint a third member. Thereafter, the arbitrators may in their discretion schedule a rehearing for the new Board, which shall thereafter file an award.
Rule 1303 Hearing. Notice.
(1) Scheduling of Hearing.
The Chair shall fix the date, time and place of arbitration hearings, which shall be held within sixty (60) days after appointment of the Board of Arbitrators and shall be held at the Crawford County Courthouse.
(2) Notice.
Notice of the hearing shall be in writing and mailed to all unrepresented parties by certified mail, return receipt requested, and counsel for represented parties by regular mail at least thirty (30) days prior to the hearing date, all in accordance with Pa.R.C.P. 1303. Arbitrators shall be notified by regular mail.
(3) Continuances.
The Board of Arbitrators shall have the power to grant one continuance for good and sufficient reason before the hearing convenes and shall immediately reschedule the hearing for a time not more than thirty (30) days beyond the date set for the original hearing. A party requesting further continuances must file a motion with the Court in keeping with Cra.R.C.P. 208.3 governing motions practice.
(4) Compliance with Time Requirements.
The Court expects arbitrators and parties to comply with all time limits governing arbitration. Any arbitrator or party that believes the arbitrators or any other party are not following any time limits or time requirements governing arbitrations may file a motion with the Court for relief. The Court may sanction those who do not comply with the arbitration time requirements.
Rule 1304 Conduct of Hearing. Generally.
The Board or Arbitrators shall have no power to allow amendment of pleadings, the addition or substitution of parties, nor rule on preliminary objections, motions for judgment on the pleadings or motions for summary judgment.
Rule 1305 Conduct of Hearing. Evidence.
(1) Pretrial Exchange of Information.
In all cases subject to compulsory arbitration, the parties shall exchange the following information at least twenty (20) days prior to the arbitration hearing:
(a) A copy of all expert reports, including those from physicians, whom the party expects to call as a witness at the arbitration. These shall include the substance of the facts, findings or opinions of the expert, as well as a summary of the grounds or reasons for each opinion. The report must be signed by the expert.
(b) Names and addresses of all witnesses the party expects to call.
(c) Copies of all exhibits the party intends to use at the arbitration, with the designation of those documents to be produced pursuant to Pa.R.C.P. 1305.
If timely production is not made of any of the information required above, such evidence may be excluded by the arbitrators.
(2) Rulings on Objections.
Initially, all rulings on objections to evidence or on other issues which arise during the hearing shall be made by the Chair of the Board of Arbitrators and such rulings shall be final unless objected to by one of the other arbitrators. In the latter instance, the arbitrators shall consult and vote and the final ruling shall be that of the majority.
(3) Release of Exhibits.
Following the hearing and entry of award, the Chair of the Board of Arbitrators shall release the exhibits to the party that offered them.
Rule 1306 Award.
The arbitrators shall file their award within seven (7) days after the completion of the arbitration hearing. Arbitrators who fail to file the award as required by this rule may forfeit their fees. The arbitrators may consider the subject of damages for delay after an award has been made in accordance with Pa.R.C.P. 238. Any such delay damages shall be added to the principal amount awarded, but shall be separately stated on the report and award.
ACTIONS PURSUANT TO PROTECTION FROM ABUSE ACT Rule 1901.3 Commencement of Action.
(1) Commencement of Action--Court Unavailable.
The Court shall be unavailable to accept petitions on holidays, weekdays after the close of Court, weekend periods from 4:30 o'clock p.m. on Friday until 8:30 o'clock a.m. the next regular Court business day as well as all other times when the courthouse is closed for business. The Court may deem itself unavailable at such other times. During such times when the Court is unavailable a petition seeking protection from abuse shall be filed before a Magisterial District Judge in accordance with the Protection From Abuse Act. The Court Administrator shall notify all Magisterial District Judges when the Court deems itself unavailable.
(2) Procedure--Court Unavailable.
When a Magisterial District Judge enters an emergency order under Protection From Abuse Act:
(a) The Magisterial District Judge shall inform the plaintiff as follows:
(i) The emergency order shall be explained to the plaintiff;
(ii) A plaintiff may obtain counsel. The Court does not provide free counsel. If a plaintiff cannot afford counsel that he or she may try to get counsel through Northwestern Pennsylvania Legal Services or the Crawford County Bar Association Service to the Public Committee at no cost to the plaintiff;
(iii) Plaintiff has the right to file without first paying costs;
(iv) Programs that exist for victims of domestic violence;
(v) Plaintiff's failure to appear at the Common Pleas Court hearing may cause the petition to be dismissed;
(vi) Proceedings must be commenced in Common Pleas Court by the end of the next Court business day and of the procedure for initiating a contempt charge should be defendant violate the emergency order.
(b) The Magisterial District Judge shall cause the emergency order and petition to be delivered to the Court Administrator by the end of the next business day of the Court.
(c) The Emergency Protection From Abuse Order entered by the Magisterial District Judge shall expire at the end of the next business day of the Court of Common Pleas. On that day the petitioner shall prepare and file a petition in the form required by the Rules of Civil Procedure and shall appear before a Judge of the Court of Common Pleas whereupon said Judge shall review and continue in effect protection orders that are necessary to protect the plaintiff and/or minor child(ren) from abuse and enter other temporary relief provided in the Act.
(3) Costs.
The petition shall be filed and served without prepayment of fees.
(4) Discontinuance.
(a) If a petitioner desires to discontinue an action after a temporary abuse order has been entered but before the hearing, the petitioner shall sign a written discontinuance on a form provided by the Prothonotary and file the same with the Prothonotary prior to the time scheduled for the hearing. All record Court costs shall be paid at the time the discontinuance is filed. If costs are not paid at that time, the Prothonotary shall not accept the discontinuance and the plaintiff is required to appear at the hearing so that the Court may determine the ability of the plaintiff to pay costs.
(b) A petitioner desiring to discontinue an action under the Protection From Abuse Act after a hearing and after the entry of a permanent order shall file a written discontinuance on a form provided by the Prothonotary and pay, or arrange for the payment of, the record Court costs. If costs are not paid at that time, the Prothonotary shall not accept the discontinuance.
(c) A discontinuance shall also automatically vacate any bench warrant issued for the defendant or bail requirement imposed upon the defendant.
(d) The Prothonotary shall deliver a copy of any discontinuance to County Control and to the appropriate police departments, and if a bench warrant has been issued upon the defendant or a bail requirement has been imposed upon the defendant, copies of the discontinuance shall be delivered to the Sheriff and Warden.
Rule 1901.5 Enforcement.
(1) Enforcement Methods.
Generally, the Protection From 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.
(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, witnesses or combination thereof. A complaint for indirect criminal contempt shall be completed, signed and filed by the arresting officer or the victim, along with a probable cause affidavit, on forms that are available in the Prothonotary's office or Court Administrator's office.
(3) Private Criminal Complaint.
A plaintiff may file a private criminal complaint against the defendant 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 Magisterial District Judge. The private criminal complaint may be filed with the Prothonotary, the District Attorney, the Magisterial District Judge who entered the Protection From Abuse order or the Magisterial District Judge in the jurisdiction where the violation occurred.
(a) If the private criminal complaint is filed with the District Attorney, the District Attorney's office shall file the same with the Prothonotary as soon as practicable. The Prothonotary shall forward the complaint to the Court Administrator who shall arrange to have it reviewed by a Judge as soon as practicable. If the Judge finds that probable cause exists, the Judge shall issue a warrant or summons. If the Court issues a summons, the summons shall indicate the time, date and place for hearing. If the Court issues a warrant, the warrant shall be served by the Sheriff of Crawford County or a municipal or state police officer. Upon arrest, the defendant shall be taken to the Court or the appropriate Magisterial District Judge, as the case may be, for a preliminary arraignment as provided for in Cra.R.C.P. 1901.5(4) hereinafter.
(b) If the private criminal complaint is filed with the Magisterial District Judge, upon review and determination of probable cause, the Magisterial District Judge shall issue a warrant or summons. If the Magisterial District Judge issues a summons, the summons shall indicate the date, time and place for the hearing which the Magisterial District Judge shall obtain from the Court Administrator, unless the Magisterial District Judge 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 Magisterial District Judge issues a warrant, the Magisterial District Judge shall cause a warrant to be forwarded to the appropriate police agency for service. Upon arrest, the defendant shall be taken without unnecessary delay to the Court or the Magisterial District Judge, as the case may be, for a preliminary arraignment. The Magisterial District Judge shall cause the complaint to be filed with the Prothonotary as soon as practicable. The Prothonotary shall docket the complaint and forward it to the Court Administrator, who shall schedule a hearing.
(c) In any case where a summons or warrant was issued by a Magisterial District Judge a copy of the final disposition in Common Pleas Court shall be sent by the Prothonotary to the Magisterial District Judge.
(d) If the private criminal complaint is filed with the Prothonotary, the Prothonotary shall docket the complaint and forward it to the Court Administrator, who shall deliver the complaint to a Judge, and the procedure set forth above with respect to filings from the District Attorney shall apply.
(e) The Sheriff shall not require a deposit for service, however, the cost of service may be assessed to one or both of the parties when the hearing is held.
(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 Magisterial District Judge, the defendant shall be preliminarily arraigned forthwith before the Court, or if the Court is unavailable, before a Magisterial District Judge.
(b) If the arraignment occurs during the Court's business hours, the Magisterial District Judge shall contact the Court Administrator to obtain a time and date for the hearing. The Magisterial District Judge shall then inform the plaintiff and defendant of the date and time for the hearing in writing in the form attached to this rule.
If the Magisterial District Judge is unable to contact the Court Administrator at the preliminary arraignment, the Magisterial District Judge shall contact the Court Administrator as soon thereafter as possible. The Magis-terial District Judge shall advise the defendant and (if present) the plaintiff in the form attached to this rule that each will be receiving a notice from the Court Administrator setting forth the date, time and place of the hearing in a writing sent to their last known addresses shown on the documents filed before the Magisterial District Judge in this action.
(c) The Court or the Magisterial District Judge shall set bail to insure the defendant's presence at the contempt hearing in accordance with Pennsylvania Rules of Criminal Procedure 525, 526, 527, or 528 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 served with a copy of the contempt complaint if the defendant has not already received the same, and the defendant shall be notified:
(i) That the defendant is charged with criminal contempt for violation of the Protection From Abuse Order;
(ii) That a hearing will be held in the Court of Common Pleas of Crawford County when scheduled by the Court Administrator; and
(iii) That the defendant is entitled to be represented by counsel, and if unable to afford counsel, free counsel may be appointed. The defendant should immediately contact the office of the Public Defender of Crawford County.
(e) Defendants who fail to post bail shall be committed to the Crawford County Correctional Facility pending the hearing.
(f) The hearing shall be scheduled within ten (10) days.
(5) Contempt--Delivery of Magisterial District Judge File to Court.
The Magisterial District Judge shall cause the following completed forms and bail, if entered, to be delivered immediately to the Prothonotary: (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. The Prothonotary shall docket the papers and forward them to the Court Administrator.
(6) 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 will set a time for hearing. Unless the court orders service in a particular manner, 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 domestic relations matter (Pa.R.C.P. 1930.4) or by certified or registered mail to the last known address of the respondent. (Pa.R.C.P. 403, 1930.4).
IN THE COURT OF COMMON PLEAS OF CRAWFORD COUNTY, PENNSYLVANIA CIVIL ACTION--LAW
INDIRECT CRIMINAL CONTEMPT FOR VIOLATION OF PROTECTION FROM ABUSE ORDER
______ : Plaintiff
: Vs.
: No. _____ of 20 ____ ______ : Defendant
:
NOTICE OF HEARING TO DEFENDANT __________
1. [ ] You are hereby ORDERED to appear for hearing on:
Date: ______ Time: ______ Place: __________
[ ] The Crawford 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/her 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, the Crawford County Lawyers' Referral Service will give you information about finding one.
CONTACT: Court Administrator
Courthouse
Meadville, PA 16335
Telephone 814.333.7498If you do not have the money to hire a lawyer, you must apply within 48 hours at the Office of the Public Defender of Crawford County, Crawford County Courthouse, Meadville, Pennsylvania (814.333.7367).
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)
Magisterial District Judge
ACTIONS FOR SUPPORT Rule 1910.11 Office Conference. Subsequent Proceedings. Order.
(1) Continuances of Office Conferences.
At the time conferences or hearings are scheduled, the Domestic Relations Section shall notify the plaintiff and defendant in writing of the date, time and place of the conference or hearing. Continuances may be granted at the discretion of the Domestic Relations Director, or in the Director's absence, the Assistant Director. Continuances requested because of a scheduling conflict will be granted in accord with Cra.R.C.P. 208.3(a)(5). Continuances consented to by all parties or their counsel should be granted. Continuances by reason of a bona fide injury, sickness or illness that necessarily prevents an attorney or a party from appearing at the conference or hearing should be granted, provided, however, the Domestic Rela-tions Section may require evidence from a physician, hospital or health practitioner verifying the injury, illness or sickness of a party. Common Pleas Judges may not entertain motions granting or denying continuances by the Domestic Relations Director, or Assistant Director, unless there is an allegation of abuse of discretion. By signing a motion to continue an attorney is representing to the court that the attorney's client has been consulted and is aware of the motion.
(2) Personal Continuances.
Attorneys who desire continuances by reason of their own personal vacations shall notify the Domestic Relations Section of that fact within five (5) days after his/her client is sent notice of the date and time for the conference or hearing. Thereafter continuances by reason of attorneys' vacations may not be granted.
(3) Request for De Novo Support Hearing.
A request for a support hearing de novo in substantially the form of attached shall be filed with the Crawford County Domestic Relations Section. Filing may be hand delivery to the Domestic Relations Section or by first class mail, postage prepaid, addressed to De Novo Hearing Request, Crawford County Domestic Relations Office, P. O. Box 1055, Meadville, PA 16335. Service by first class mail is complete upon mailing and a certificate of service shall be made by the party or counsel.
(4) Disclosure of Information Prior to De Novo Hearing.
In order that the parties come to the hearing adequately prepared, and that cases may be settled without a hearing, in order to encourage and facilitate possible hearing and evidentiary stipulations, and to speed up hearing time, each party shall furnish to the other: (a) true copies of their most recent federal income tax returns; (b) their pay stubs for the preceding six months; (c) verification of child care expenses signed by the child care provider(s); (d) income and expense statements in the form required by Pa.R.C.P. 1910.26(c), and (e) copies of all exhibits, at least five (5) business days prior to the hearing set before the Court.
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